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HomeMy WebLinkAboutcoa.lu.ec.610 W Smuggler St.A131-002735-124-05-010 Corbin/Burrows 610 W. Sm.g i._ A131-00 Lot Split 4962 COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5090 City of Aspen Land Use: CTO 1041 Deposit ! 1 'i 1042 Flat Fee 1043 HPC 1046 Zoning and Sign Referral Fees: c.T 1163 City Engineer 1 3 U 1205 Environmental Health 1190 Housing Building Fees: 1071 Board of Appeals 1072 Building Permit 1073 Electrical Permit 1074 Energy Code Review 1075 Mechanical Permit 1076 Plan Check 1077 Plumbing Permit 1078 Reinspection 1079 Aspen Fire Other Fees: 1006 Copy 1302 GIS Maps 1303 GIS Fee 1481 Housing Cash in Lieu 1383 Open Space Cash in Lieu 1383 Park Dedication 1468 Parking Cash in Lieu Performance Deposit 1268 Public Right-of-way 1164 School District Land Ded. TOTAL '-J/ , NAME: ADDRESS/PROJECT: PHONE: CHECK# CASE/PERMIT#: # OF COPIES: DATE::) INITIAL: Ld _ • sr 4�z FRs�NOi r a a4 r t pe !-70 =!SVL L iZ W 11 <. �b VICINITY MAP 2 3 4 5 6 7 LEGEND & NOTES 0 FOUND SURVEY MONUMENT REBAR WITH CAP AS NOTED f 0 SPIKE OR P-K NAIL SURVEY CONTROL 1, STEWART TITLE OF ASPEN, INC. TITLE COMMITMENT ORDER NO. 00026643 DATED OCT. 07, 1999 WAS USED IN THE PREPARATION OF THIS SURVEY POSTED ADDRESS IS -0610 WEST SMUGGLER STREET' -2 WOOD FENCE 0 UTILITY -BOX CALLS IN ( ) ARE RECORD FROM THE CONDOMINIUM MAP PLAT BOOK 4 AT PAGE 597 SET NEW LOT LINE CORNER NO. 4 REBAR WITH RED CAP •16129 ZONING IS R-6 PLAT NOTES COR o I N D o U R ROWS S U B D I V I Let Q SCALE 1 INCH - 10 FEET 0 5 10 15 20 THIS LANDMARK LOT SPLIT PLAT HAS BEEN PREPARED PURSUANT TO AND IN ACCORDANCE WITH CITY COUNCIL ORDINANCE NUMBER _ (SERIES OF 2000_) PLANNING AND ZONING COMMISSION RESOLUTION NUMBER _.} AND HISTORIC PRESERVATION COMMISSION RESOLUTION NUMBER THE LANDS AFFECTED BY AND PLAT ARE SUBJECT TO THE TERMS AND CONDITIONS OF SAID APPROVALS AND BY ALL APPLICABLE LAND USE REGULATIONS OF THE CITY OF ASPEN. THE TERMS AND CONDITIONS OF SAID APPROVALS AND OF THIS PLAT SHALL RUN WITH THE LAND AS COVERANTS BURDENING THE SAME. THE 3 000 SQUARE FOOT LOT IS ENTITLED TO 1,340 SQUARE FEET OF FAR FLOOR AREA (840 SQUARE FEET PLUS 500 SQUARE FEET AWARDED BY THE HPC AS A BONUS), AND SUBJECT TO HPC REVIEW AND APPROVAL FOR ANY PROPOSED CHANGES TO THE EXTERIOR OF THE EXISTING STRUCTURE. THE 6 000 SQUARE FOOT LOT HAS THE RIGHT TO DEMOLISH AND REPLACE THE EXISTING STRUCTURE WITH EITHER A SINGLE FAMILY RESIDENCE, A DUPLEX OR TWO DETACHED SINGLE-FAMILY RESIDENCES (SUBJECT TO HPC REVIEW AND APPROVAL) WITH AN ALLOWABLE AGGREGATE OF 3,240 SQUARE FEET OF FAR FLOOR AREA. THIS HISTORIC LANDMARK LOT SPLIT PLAT SUPERCEDES AND REPLACES THE CONDOMINIUM MAP FOR SMUGGLER CONDOMINIUMS RECORDED APRIL 16, 1976 IN PLAT BOOK 4 AT PAGE 597 AS RECEPTION NUMBER 182932. FURTHER, SAID CONDOMINIUM MAP SHALL BE VACATED AS WILL THE ASSOCIATED CONDOMINIUM DECLARATION RECORDED APRIL 16, 1976 IN BOOK 310 At PAGE 843 AS RECEPTION NUMBER 182931. NO FURTHER SUBDIVISION OF THE LANDS DEPICTED HEREON SHALL BE PERMITTED, UNLESS OTHERWISE PERMITTED BY VIRTUE OF SUBSEQUENTLY ADOPTED CODE AMENDMENTS. ANY FUTURE CHANGES TO THE STRUCTURES ON LOT 0 WILL PROVIDE GREATER COMPLIANCE WITH RESPECT TO THE DIMENSIONAL REQUIREMENTS OF THE R-6 ZONE DISTRICT THEN IN EFFECT, THE REDEVELOPMENT OF LOTS R AND S WILL COMPLY WITH ALL APPLICABLE DIMENSIONAL REQUIREMENTS OF THE R-6 ZONE THEN IN EFFECT. 8. IF THE STRUCTURE ON LOTS R AND S IS DEMOLISHED FOR REPLACEMENT THE REDEVELOPMENT WILL BE SUBJECT TO THE TERMS AND PROVISIONS OF SECTION 26.470.670(B)(I) OR (2) A,§ APPLICABLE, OF THE ASPEN LAND USE CODE, AND AS MAY BE AMENDED FROM TIME TO TIME. 9. IF THE STRUCTURE ON LOT Q IS EVER DEMOLISHED FOR REPLACEMENT THE REDEVELOPEMENT WILL COMPLY WITH SECTION 26.470.070(B)(1) OF THE ASPEN LAND USE CODE, AS MAY BE AMENDED FROM TIME TO TIME. 10. THIS PLAT AND THESE NOTES SHALL SERVE AS AND REPLACE THE NEED FOR A SEPARATE 'SUBDIVISION EXEMPTION AGREEMENT:. ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS PLAT WITHIN THREE YEARS AFTER YOU FIRST DISCOVERED SUCH DEFECT. IN NO EVENT, MAY ANY ACTION BASED UPON ANY DEFECT IN THIS PLAT BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. SST H 0 STOP 0 C LANDMARK LOT Sp L I T S I ON EXEMPT ION PLAT LOTS Q, R & S, BLOCK 20, CITY AND TOWNSITE OF ASPEN, FORMERELY KNOWN AS CONDOMINIUM UNITS A, B & C, SMUGGLER CONDOM INIUM$ ACCORDING TO THE CONDOMINIUM MAP FOR SMUGGLER CONDOMINIUMS RECORDED APRIL 16 1976 IN PLAT BOOK 4 AT PAGE 597 AS RECEPTION N0. 182�32 AND AS DEFINED AND DESCRIBED IN THE CONDOMINIUM DECLARATION FOR SMUGGLER CONDOMINIUMS RECORDED APRIL I6, 1976 IN BOOK.310 AT PAGE 843 AS RECEPTION NO. 182931 CITY OF ASPEN, PITKIN COUNTY, COLORADO S&co_ 77.6s.GL Wt DE J 18 68. W, L 0C� Df SHEET I OF I OWNERS' CERTIFICATE KNOW ALL MEN BY THESE PRESENTS THAT ANNE W. BURROWS AND MARCIA A. CORBIN BEING THE RECORD OWNER OF LOTS O R, ANDS BLOCK 20 CITY AND TOWNSITE OF ASPEN PITKIN COUNTY COLORADO (A/K/A UNITS A B &'C SMUGGLER CONDOMINIUM) DO HEREBY SU6DIVIDE AND REALAT THIS REAL PROPERTY UNDER THE NAME AND STYLE OF CORBIN/BURROWS HISTORIC LANDMARK LOT SPLIT SUBDIVISION EXEMPTION, LOT Q AND LOTS R & S, CITY OF ASPEN, PITKIN COUNTY, COLORADO. EXECUTED THIS _ DAY OF , 2000. ANNE W. BURROWS, OWNER UNITS ALB MARCIA A. CORBIN, OWNER UNIT C STATE OF COLORADO 1 sa 1 COUNTY OF PITKIN ) THE FOREGOING OWNER'S CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS _ DAY OF 2000 BY ANNE W. BURROWS 6 MARCIA A. CORBIN AS OWNERS. WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES: NOTARY PUBLIC TITLE CERTIFICATE THE UNDERSIGNED A DULY AUTHORIZED REPRESENTATIVE OF PITKIN COUNTY TITLE. INC. REGISTERED TO Db BUSINESS IN PITKIN COUNTY COLORADO DOES HEREBY CERTIFY THAT THE PERSONS LISTED AS OWNERS ON THIS PLAT 60 HOLD FEE SIMPLE TITLE TO THE WITHIN DESCRIBED REAL PROPERTY FREE AND CLEAR OF ALL LIENS AND ENCRUMBRANCES EXCEPT THOSE LISTED ON THE OWNER'S CERTIFICATE. ALTHOUGH WE BELIEVE THE FACTS STATED ON THIS PLAT ARE TRUE THIS CERTIFICATE IS NOT TO BE CONSTRUED AS AN ABSTRACT OF TITLE NOR AN OPINION OF TITLE NOR A GUARANTEE OF TITLE AND IT IS UNDERSTOOD AND AGREED THAT LAND TITLE GUARANTEE COMPANY, NEITHER ASSUMES NOR WILL BE CHARGED WITH ANY FINANCIAL OBLIGATION OR LIABILITY WHATSOEVER ON ANY STATEMENT CONTAINED HEREIN. VINCE HIGENS, PRESIDENT DATED: 2000. PITKIN COUNTY TITLE, INC. 601 E. HOPKINS AVE. ASPEN, COLORADO 81611 STATE OF COLORADO) )ae COUNTY OF PIKTIN ) THE FOREGOING TITLE CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS DAY OF 12000 BY VINCE HIGENS AS PRESIDENT OF PITKIN COUNTY TITLE INC. WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES: NOTARY PUBLIC SURVEYOR'S CERTIFICATE I, DAVID W. McBRIDE, HEREBY CERTIFY THAT IN 1999 6 2000 A SURVEY WAS PERFORMED UNDER "' DIRECTION AND SUPERVISION OF THE +EREON DBCRIBED PROPERTY. THE LOCATION AND DI ISIONS OF THE BOUNDARY LINES BU ING ENVELOPES, UTILITIES, IMPROVEMENTS AND EAaEMENTS SHOWN ON THE PITKIN COUNTY TITLE INC. TITLE COMMITMENT ORDER • PCT- DATED , 2000 ARE ACCURATELY SHOWN ON THIS MAP. THE CONTROL SURVEY PRECISION IS GREATER THAN 1:10,000 WITH AN ACCURACY TO 0.001 OF AN ACRE AND THAT THE SURVEY WAS DONE IN ACCORDANCE WITH CRS 1973 TITLE 38, ARTICLE 51 AS AMENDED FROM TIME TO TIME. SIGNED THIS _ DAY OF , 2000. DAVID W. McBRIDE RLS 16129 ASPEN SURVEY ENGINEERS, INC. 210 S. GALENA ST. ASPEN, CO. 81611 CITY COUNCIL APPROVAL THIS PLAT OF THE CORBIN/BURROWS HISTORIC LANDMARK LOT SPLIT SUBDIVISION EXEMPTION WAS REVIEWED AND APPROVED BY THE CITY COUNCIL OF THE CITY ASPEN ON THIS _ DAY OF 2000 AS ORDINANCE NO. SERIES OF 2000 AND RECORDED AS RECEPTION NO. OF THE REAL ESTATE RECORDS OF PITKIN COUNTY, COLORADO. SIGNED THIS _ DAY OF , 2000 ATTEST: RACHAEL E. RICHARDS, MAYOR KATHRYN S. KOCK, CITY CLERK CITY ENGINEER'S APPROVAL THIS PLAT OF THE CORBIN/BURROWS HISTORIC LOT SPLIT SUBDIVISION EXEMPTION WAS REVIEWED AND APPROVED BY THE CITY ENGINEER OF THE CITY OF ASPEN, THIS DAY OF 2000. CITY ENGINEER, NICK ADEH COMMUNITY DEVELOPMENT APPROVAL THIS PLAT OF THE CORBIN/BURROWS HISTORIC LOT SPLIT SUBDIVISION EXEMPTION WAS REVIEWED AND APPROVED BY THE DIRECTOR OF THE COMMUNITY DEVELOPMENT DEPARTMENT OF THE CITY OF ASPEN ON THIS DAY OF 2000. DIRECTOR, JULIE ANN WOODS CLERK AND RECORDER'S ACCEPTANCE ACCEPTED FOR RECORDING IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY COLORADO AT _ O'CLOCK _.M. ON THIS _ DAY OF 2000 IN PLAT' BOOK AT PAGE AS RECEPTION NUMBER CLERK AND RECORDER, SILVIA DAVIS PREPARED BY ASPEN SURVEY ENGINEERS, INC. 210 S. GALENA STREET ASPEN, COLO. 81611 PHONE/FAX (970) 925-3816 job no. 6055E OCTOBER 2, 2000 CI SW CERTIFICATION CERTIFY TO: STEWART TITLE TITLE, INC. MARCIA A. CORBIN I. DAVID W. McBRIDE. A REGISTERED LAND SURVEYOR IN THE STATE OF COLORADO DO HEREBY CERTIFY THAT THIS SURVEY WAS FIELD SURVEYED DURING OCTOBER & NOVEMBER, 1999 ON THE GROUND OF THE PROPERTY LEGALLY DESCRIBED HEREON. AND IS CORRECT BASED ON THE FIELD EVIDENCE SHOWN AS FOUND HEREON. AND THAT THERE ARE NO DEISCREPANCIES. CONFLICTS. SHORTAGES IN AREA. BOUNDARY LINE CONFLICTS, ENCROACHMENTS. OVERLAPPING OF IMPROVEMENTS. EASEMENTS OR RIGHTS OF WAY IN FIELD EVIDENCE OR KNOWN TO ME. EXCEPT AS HEREON SHOWN. UNDERGROUND UTILITIES WITH NO VISIBLE APPURTENANCES AND DOCUMENTS OF RECORD NOT FURNISHED TO THE SURVEYOR ARE EXCEPTED. THIS CERTIFICATION IS VOID UNLESS WET STAMPED BY THE SEAL OF THE SURVEYOR. SIGNED THIS _ DAY OF . 2000. DAVID W. McBRIDE RLS 16129 ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS PLAT WITHIN THREE YEARS AFTER YOU FIRST DISCOVERED SUCH DEFECT. IN NO EVENT, MAY ANY ACTION BASED UPON ANY DEFECT IN THIS PLAT BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. 171 COOR:IN/=URROOWS HISTORIC LANDMARK LOT SPLIT SUoDD�Vl SOON EXEMPTION LOTS 0, R & S, BLOCK 20, CITY AND TOWNSITE OF ASPEN, FORMERELY KNOWN AS CONDOMINIUM UNITS A, B & C, SMUGGLER CONDOMINIUM§ ACCORDING TO THE CONDOMINIUM MAP FOR SMUGGLER CONDOMINIUMS RECORDED APRIL 16 1976 IN PLAT BOOK 4 AT PAGE 597 AS RECEPTION NO. 182432 AND AS DEFINED AND DESCRIBED IN THE CONDOMINIUM DECLARATION FOR SMUGGLER CONDOMINIUMS RECORDED APRIL 6, 1976 IN BOOK 310 AT PAGE 843 AS RECEPTION NO. 182931 CITY OF ASPEN, PITKIN COUNTY, COLORADO YCAP 23 LJ Tl 2376 S�GcL�R PLAT w 3 SCALE I INCH - 10 FEET 0 5 10 15 20 LEGEND & NOTES O FOUND SURVEY MONUMENT REBAR WITH CAP AS NOTED 9 SPIKE OR P-K NAIL SURVEY CONTROL STEWART TITLE OF ASPEN, INC. TITLE COMMITMENT ORDER N0. 00026643 DATED OCT. 07, I999 WAS USED IN THE PREPARATION OF THIS SURVEY POSTED ADDRESS IS '0610 WEST SMUGGLER STREET' 9 WOOD FENCE ❑ UTILITY BOX CALLS IN ( ) ARE RECORD FROM THE CONDOMINIUM MAP PLAT BOOK 4 AT PAGE 597 EXISTING CONDITIONS SMUGGLER CONDOMINIUMS, ACCORDING TO THE CONDOMINIUM MAP FOR SMUGGLER CONDOMINIUMS RECORDED APRIL 16 1976 IN PLAT BOOK 4 AT PAGE 597 AS RECEPTION NO. 182632 AND AS DEFINED AND DESCRIBED IN THE CONDOMINIUM DECLARATION FOR SMUGGLER CONDOMINIUMS RECORDED APRIL 16, 1976 IN BOOK 310 AT PAGE 843 AS RECEPTION NO. 182931 CITY OF ASPEN, PITKIN COUNTY, COLORADO PREPARED BY ASPEN SURVEY ENGINEERS, INC. 210 S. GALENA STREET ASPEN, COLO. 81611 PHONE/FAX (970) 925-3816 REVISED OCT. 2, 2000 job no. 6055A UPDATED FEB. 18, 2000 OCT. 29, 1999 735 -IZ tI -05-C) IC, CASE NUMBER A131-00 PARCEL ID # 2735-124-05010 CASE NAME Corbin/Burrows Historic Lot Split PROJECT ADDRESS 610 W. Smuggler PLANNER Fred Jarman CASE TYPE Historic Lot Split, Landmark Designation, HPC OWNER/APPLICANT Anne Burrows & Marcia Corbin REPRESENTATIVE Mitch Haas DATE OF FINAL ACTION 2/26/01 CITY COUNCIL ACTION Ord. 5-01 PZ ACTION ADMIN ACTION Approved BOA ACTION DATE CLOSED 6/1/01 BY J. Lindt PARCEL ID:12735-124-05010 !°' DA117 10/11/00 A131-00 CASE NAMEI Corbin/Burrows Historic Lot Split PROJ ADDRI 610 W. Smuggler CASE TYP Historic Lot Split, Landmark Designat STE OWN/APPIAnne Burrows & Mar ADR 505 N. 5th St C/S/Z: Aspen/CO/81612 PHN: REP: Mitch Haas ADR: 201 N Mill St, ste108 C/S/Z: Aspen/CO/81611 PHN 925-7819 FEES DUE1155D 170E ILFEES RCVD 1325 (Put in Timeslips) STAT: .m REFERRALS I REF:MIMMEW B MTG DATE REV BODY PH .:. NOTICED Jv�DATE OF FINAL ACTION: V is CITY COUNCIL: REMARKS PZ• ��. CLOSED: i ^� BY BOA: x � DRAC: - PLAT SUBMITD: ,' _ LL} _ PLAT (BK,PG):ADMIN:� h✓ i, } "r 1 f- 3 PLANgIIIlI I� AN�IlI N111II� CA N, MISSION MEETING DATE: 01/16/2001 NAME OF PROJECT: CORBINBURROWS HISTORIC LANDMARK DESIGNATION and CONDITIONAL USE — 610 W. SMUGGLER & 505 N. FIFTH STREET CITY CLERK: Jackie Lothian STAFF: Fred Jarman WITNESSES: (1) Mitch Haas EXHIBITS: 1 Staff Report (x) (Check If Applicable) 2 Affidavit of Notice (x) (Check If Applicable) 3 Board Criteria Sheet (x) (Check If Applicable) 4 Maps (vicinity, renderings, floor plans, elevations) MOTION: Roger Haneman recommended the City Council approve the Historic Landmark designation, and approves a Conditional Use for a property located at 610 West Smuggler and 505 North Fifth Streets, with the following conditions: 1.) At present, there is a fencing encroachment into the public right-of-way on West Smuggler Street and a trash shed encroachment into the alley for Block 20 on the north side of Lot Q. The applicant must either 1) remove the encroachments or 2) obtain a Temporary Revocable Encroachment License from the City Engineering Department allowing these encroachments to exist prior to the recording of the final plat; 2.) That the applicant shall submit and record a subdivision plat which meets the terms of Chapter 26.480 and conforms to the requirements of the Land Use Code, in the office of the Pitkin County Clerk and Recorder after approval, indicating that no further subdivision may be granted for these lots nor will additional units be built without receipt of applicable approvals; 3.) That the applicant agrees that this subdivision exemption lot split resulting in one 3,000 square foot lot (Lot Q) and one 6,000 square foot lot (Lots R-S) contains a maximum potential build out not to exceed three (3) principal dwelling units which may be comprised of a duplex and a single-family home pursuant to Section 26.480.030(A)(2)(g) for the three lots combined. In addition, the applicant may be able to place two single-family homes on the 6,000 square foot lot if approved as a conditional use by the Planning and Zoning Commission; 4.) Any future development on the newly created lots shall be required to mitigate for their impact pursuant to Chapter 26.470 Growth Management Quota System (GMQS) as required; 5.) A subdivision plat and subdivision exemption agreement shall be reviewed and approved by the Community Development and Engineering Departments and recorded in the office of the Pitkin County Clerk and Recorder within one hundred eighty (180) days of final approval by City Council. Failure to record the plat and subdivision exemption agreement within the specified time limit shall render the plat invalid and reconsideration of the plat by City Council will be required for a showing of good cause. As a minimum, the subdivision plat shall: 6.) PZVOTE Contain a plat note stating that development of Lots "R-S" shall be required to mitigate for affordable housing pursuant to Section 26.470.070(B) of the Municipal Code for any future development; 7.) Contain a plat note stating that no further subdivision may be granted for these lots nor will additional units be built without receipt of applicable approvals pursuant to Chapter 26.480 and growth management allocation pursuant to Chapter 26.470. Any development of the lots will comply with the applicable provisions of the Land Use Code in effect at the time of application; 8.) Contain a plat note stating that all new development on the lots will conform to the dimensional requirements of the R-6 zone district, except for variances approved by an entity having the authority to do so; 9.) That Lots Q, R, and S are designated as historic landmarks and must receive HPC approval for all development in accordance with Section 26.415 of the Municipal Code; 10.) Contain a plat note stating the total allowable FAR for each newly created lot. In addition, the applicant shall verify with the City Zoning Officer the total allowable FAR on each lot, taking into account any and all applicable lot area reductions. The property shall be subdivided into two parcels, Lot "Q" receiving 3,000 square feet and Lots "R-S" receiving 6,000 square feet in size. Provided it is found by the Zoning Officer that no lot area reductions are required, the maximum allowable FAR on Lot "Q" will be 1,340 s.f. (including a 500 square foot floor area bonus) and 3,240 square feet of floor area on Lots "R-S." The information specific to exact allocated FAR as indicated above for both lots as verified by the City Zoning Officer, shall be included on the plat, as a plat note; 11.) At a minimum, the subdivision exemption agreement shall include the elements outlined in Section 26.480.030(A)(2) of the Aspen Municipal Code, and shall meet the recording and timing requirements described in Section 26.480.070(E); 12.) Any further development for the historic structure or on the lots created by this lot split shall be subject to further review as required by Section 26.415 of the Aspen Land Use Code; 13.) That the applicants preserve the "monument" on the south east corner of Lot S as required by the City of Aspen Engineering Department; 14.) That the applicants shall ensure that each structure on the newly created lots maintain their separate and individual meter boxes; and 15.) That the applicant agrees that they shall be required to place street trees as a result of any future development to reflect the traditional cottonwood street tree pattern currently lining West Smuggler and North Fifth Street as required by the City of Aspen Parks Department. APPROVED 4-0. VOTE: YES 4 NO 0 ROBERT BLAICH YES _x_ NO ROGER HANEMAN YES _x_ NO _ ERIC COHEN STEVEN BUETTOW YES _x_ NO YES _x_ NO _ PZVOTE MEMORANDUM To: Mitch Hoaas, Planner From: Richard Goulding, Project Engineer Date: March 23,2001 Re: Corbin/Burrows Historical Lot Split 1. Date of survey must be shown to have occurred within the last 12 months. This information should be in the surveyor's certificate. 2. The following Certificates need to be completed: Owners Cert. Title Cert. Com Dev 3. Have the plat show that there are numerous aspen trees along the property, with symbols at approximate locations, and show the limits of the juniper patch and label it "juniper plantings". Also there is a large tree in the southwest corner of Lot R& S that should be shown 0 • SUBDIVISION EXEMPTION AGREEMENT FOR THE CORBINBURROWS HISTORIC LANDMARK LOT SPLIT THIS SUBDIVISION EXEMPTION AGREEMENT (hereinafter "Agreement") is made and entered into this rlr^z� day of , 2001 by and between a) MARCIA A. CORBIN and ANNE W. BURROWS (hereinafter collectively "Owners") and, b) THE CITY OF ASPEN, A MUNICIPAL CORPORATION (hereinafter "City"). WITNESSETH: WHEREAS, Owners own that certain real property (the "Property") located at 505 North Fifth Street and 610 West Smuggler Street and more particularly described as Lots Q, R, and S, Block 20, City and Townsite of Aspen, State of Colorado; and WHEREAS, on February 26, 2001, the City Council of the City of Aspen granted approval for subdivision exemption for a lot split on the Property pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code to dissolve/vacate the Condominium Map of The Smuggler Condominiums and the associated Statement of Exemption From The Definition of Subdivision (Book 310, Page 839) and simultaneously replace them with this Agreement and a Subdivision Exemption Plat for an Historic Landmark Lot Split (hereinafter "Plat"), where said Plat indicates a lot line between Lot Q and Lots R and S, resulting in a 3,000 square foot Lot Q and a 6,000 square foot Lots R and S; and WHEREAS, the approval of the historic landmark lot split was conditioned upon Owners complying with certain requirements outlined in Ordinance No. 5, Series of 2001, including entering into a Subdivision Exemption Agreement for the Property; and WHEREAS, Owners have submitted to the City for approval, execution and recordation a plat for the Property (the "Plat") and the City agrees to approve, execute and record the Plat (Owners pay all applicable recordation fees) on the agreement of the Owners to the matters described herein; and WHEREAS, the City has imposed conditions and requirements in connection with its approval, execution, and acceptance of the Plat, which matters are necessary to protect, promote and enhance the public health, safety and welfare, and the Owners are prepared to enter into a Subdivision Exemption Agreement incorporating such conditions and requirements. NOW, THEREFORE, in consideration of the mutual covenants contained herein and the approval, execution, and acceptance of the Plat for recordation by the City, it is agreed as follows: I 1111111111111111111111111111111111111111111111111111111111111 453403 04/16/2001 09:29A SUB AGRE DAVIS SILVI 1 of 6 R 30.00 D 0.00 N 0.00 PITKIN COUNTY CO 1. Acceptance of Plat. Upon execution of this Agreement by all parties hereto, and upon approval of the final plat by the Engineering Department and the Community Development Director, the City agrees to approve and execute the final plat for subdivision exemption for the historic landmark lot split submitted herewith, which conforms to the requirements of Chapter 26.480 and all other applicable requirements of the Aspen Land Use Code. Said Plat and this Agreement shall be recorded (Owners pay all applicable recordation fees) in the Office of the Pitkin County Clerk and Recorder within 180 days of February 26, 2001 (the day Ordinance No. 5, Series of 2001 was approved). 2. Encroachments Into Public Rights -Of -Way. At present, there is a fencing encroachment into the public right-of-way on West Smuggler Street from Lots R and S, and a trash shed encroachment into the Block 20 alley on the north side of Lot Q. Owners agree to demolish the trash -shed encroachment in the Block 20 alley within 180 days of February 26, 2001 (the day Ordinance No. 5, Series of 2001 was approved). In addition, prior to the recording of the final plat, the Owners agree to either 1) remove the Lot R and S fencing encroachment into the West Smuggler Street right-of-way within 180 days of February 26, 2001 (the day Ordinance No. 5, Series of 2001 was approved), or 2) obtain a Temporary Revocable Encroachment License from the City Engineering Department to allow the encroachment to continue to exist. Upon redevelopment of Lots R and S, it is agreed that the then owner of said property shall eliminate the fencing encroachment in the public right-of-way on West Smuggler Street. 3. Meter Boxes. Each structure on the Property, whether existing or developed in the future, shall maintain separate and individual meter boxes. 4. Restrictions Applicable to the North Fifth Street Irrigation Ditch. Owners recognize and understand that the ditch running alongside Lot S, in the North �> Fifth Street right-of-way, is the property of the City of Aspen and is located within the public right-of-way. As such, no private party, including but not limited to the owner of Lots R and S, may take any action affecting the ditch, such as landscaping or any other aaction made to the channel of the ditch, that might further impede its flow without proper z review and approvals by the City of Aspen Community Development, Engineering, and MParks Departments. as a 5. Tree Removal. To the extent required and in accordance with the tree am removal permit process, the Owners shall obtain approval from the City of Aspen Parks N Z Department for the removal of any tree(s). �a am 6. Subdivision. No further subdivision of the Property may occur without a receipt of applicable and required approvals pursuant to Chapter 26.480 of the Aspen N m Land Use Code (hereinafter "Code") and growth management allocation pursuant to M Chapter 26.470 of the Code, unless the Code is amended in a manner that otherwise a allows for further subdivision. Similarly, no additional dwelling units may be constructed on the Property without receipt of applicable and required approvals. These Mo restrictions shall be noted on the Plat. d N 7. Development Potential. The subdivision exemption lot split results in two (2) lots, one of 3,000 square feet (Lot Q) and another of 6,000 square feet (Lots R and S). The maximum combined development potential shall not exceed three (3) principal dwelling units, which may be comprised of a duplex and a single-family home pursuant to Section 26.480.030(A)(2)(g) of the Code. It is noted, however, that the Owners are in receipt of conditional use approval from the Planning and Zoning Commission to further allow the placement of two (2) detached single-family homes or a duplex on the 6,000 square foot lot (Lots R and S) pursuant to Resolution Number 4, Series of 2001. With regard to floor area (FAR), the maximum allowable FAR floor area that can be developed on the 3,000 square foot lot (Lot Q) is 1,340 square feet (which includes a 500 square foot bonus that has been approved by the Historic Preservation Commission), and the maximum allowable FAR floor area that can be developed on the 6,000 square foot lot (Lots R and S) is 3,240 square feet. All of the restrictions and limitations described in this section (7) shall be noted on the Plat. 8. Future Development. Any future development on or redevelopment of the lots created through the subdivision exemption lot split as shown on the Plat, shall be required to mitigate for its impacts pursuant to Chapter 26.470, Growth Management Quota System (GMQS), as may be required. Further, redevelopment of the 6,000 square foot lot (Lots R and S) shall be required to mitigate for affordable housing pursuant to Section 26.470.070(B) of the Code. Any new development or redevelopment of the Property will conform to the dimensional requirements of the R-6 zone district unless a variance(s) have been approved by an entity having the authority to do so. The Property is designated as an historic landmark and must receive Historic Preservation Commission (HPC) approval for all future development (except development limited to the interior of a building(s)) in accordance with Chapter 26.415 of the Code. All of the restrictions and �o o limitations described in this paragraph (8) shall be noted on the Plat. �} U Cc 9. Survey Monument. The survey monument located at the southeast i a corner of Lot S shall be preserved, as required by the City of Aspen Engineering Department. � 1 0 �o CIE o 10. Street Trees. As a result of any future development, Owners shall be i—mm— N Z required to place street trees in a manner that reflects the traditional cottonwood street •m = a m tree pattern currently lining West Smuggler and North Fifth Streets, as required by the B City of Aspen Parks Department. me 11. Plat Vacation and Replacement. Owners will ensure that the M Condominium Map of Smuggler Condominiums and any associated declarations are vacated and replaced with the approved and recorded Plat and associated approval a `O documents (i.e., Ordinance No. 5, Series of 2001, Resolution No. 4, Series of 2001, the Mo HPC approval Resolution, and this Agreement). The aforementioned Plat and associated "' approval documents will also serve as a replacement for the 1976 "Statement of Exemption from the Definition of Subdivision" recorded in book 310 at page 839. The information contained in this paragraph (11) shall also be noted on the Plat. 12. Improvement Districts. Owners agree to join any future improvement districts formed for the purpose of constructing street improvements (including sidewalk, curb, gutter or paving) or burying of overhead utility lines, provided such improvement districts are proposed for a physical area which includes the Property. 13. Fees and Reimbursements. Owners agree to reimburse the City for their respective and proportionate share of the cost associated with any improvements which directly benefit the Property should the City elect to construct such improvements without the formation of a special assessment district. In addition, Owners agree to pay any applicable fees required by the Code if and when such fees are due. 14. Material Representations. All material representations made by the Owners on record, whether in public hearings or in documentation presented before City Council, shall be binding upon the Owners. 14. Enforcement. In the event the City determines that the Owners are not in substantial compliance with the terms of this Agreement or of the Final Plat, the City may serve a notice of noncompliance and request that the deficiencies be corrected within a period of forty-five (45) days. In the event the Owners believe that they are in compliance or that the noncompliance is insubstantial, the Owners may request a hearing before the City Council to determine whether the alleged noncompliance exists or where any amendment, variance, or extension of time to comply should be granted. On request, the City shall conduct a hearing according to its standard procedures and take such action as it deems appropriate. The City shall be entitled to all remedies at equity and at law to enjoin, correct and/or receive damages for any noncompliance with this Agreement. i 0 15. Notices. Notices to the parties shall be sent in writing by U.S. certified g Z mail, return receipt requested, postage prepaid, Such notices shall be deemed received, if La �4 not sooner received, three (3) days after the date of the mailing of the same. mad m m To the Owner: Anne W. Burrows 505 North Fifth Street Cc m m Z Aspen, CO 81611 N m a To the Owner: Marcia A. Corbin m c P.O. Box 9312 N m Aspen, CO 81612 �m To the City: City Attorney City of Aspen 130 South Galena Street Aspen, CO 81611 16. Binding Effect. The provisions of this Agreement shall run with and constitute a burden on the land and shall be binding upon and inure to the benefit of the Owners, their successors and assigns, and to the City and its successors and assigns. 17. Amendment. This Agreement may be altered or amended only by written instrument executed by all parties hereto, with the same formality as this Agreement was executed. 18. Severability. If any provision of this Agreement is determined to be invalid, such invalidity shall not affect the remaining provisions hereof. IN WITNESS WHEREOF, the parties hereto have executed this Subdivision Exemption Agreement the day and year first written above. OWNERS: ANNE W. BURROWS: (k-k� �-- l� l .l.t e �'. Anne W. Burrows MARCIA A. CORBIN: �Crii c=f Marcia A. Corbin 453403 04/16/2001 09:296SUB AGRE"DAVlop 111 Is sILVI1 3 of 6 R 30.00 D 0.00 N 0.00 PITKIN COUNTY CO APPROVED: 7- � John orces o , ity Attorney THE CITY OF ASPEN, COLORADO a municipal corporation By: Rachdi E. Richards, Mayor ATTEST: �,.Kathry Coch, City Clerk 0 4� STATE OF COLORADO ) ss. COUNTY OF PITKIN ) The foregoing was sworn and subscribed to before me this OI day of `c \ 1 2001, by Anne W. Burrows. `�a� f�V Witness my hand and official seal. '01 My commission expires\—haw(i)b diz, • �:-, IS t Notary Public STATE OF COLORADO ) ss. COUNTY OF PITKIN ) The foregoing was sworn and subscribed to before me this day of \ 2000, by Marcia A. Corbin. Witness my hand and official seal. My commission expiresLJ;�{ • �J -��QC� . - __ Notary Public STATE OF COLORADO ) ss. COUNTY OF PITKIN ) The foregoing was sworn and subscribed to before me this /&4A day of APr, 1 2001, by Rachel Richards and Kathryn Koch, as Mayor and City � p Clerk, respectively, of the City of Aspen, a Municipal Corporation. V Witness my hand and official seal. Ct1ER'�- My commission expires 5 /S b c� KpEHNE otary Publ' q�'•• O� ric"r.0� I 11111111111111111111111111111111111111111 HE 1111111111111111 453403 04/16/2001 09:29A SUB AGRE DAVIS SILVI 6 of 6 R 30.00 D 0.00 N 0.00 PITKIN COUNTY CO c:My Documents\City Applications\Corbin-Burrows SEA ro -0 A A lo ► f • County of Pitkin } AFFIDAVIT OF NOTICE PURSUANT } ss. TO ASPEN LAND USE REGULATIONS State of Colorado } SECTION 26.304.060(E) I, cuc 4, being or representing an Applicant to the City of Aspen, personally certify that I have complied with the public notice requirements pursuant to Section 26.304.060(E) of the Aspen Municipal Code in the following mariner: 1. By mailing of notice, a copy of which is attached hereto, by first-class postage prepaid U.S. Mail to all owners of property within three hundred (300) feet of the subject property, as indicated on the attached list, on the77�day of �, 200 1 (which is _ff days prior to the public hearing date of 2. By posting a sign in a conspicuous place on the subject property (as it could be seen from the nearest public way) and that the said sign was posted and visible continuously from the 'day of rft,, y , 200 l , to the �Aay of rm&okey 200 1 . (Must be posted for at least ten (10) full days before the hearing date). A photograph of the posted sign is attached hereto. (Attach photograph here) Signature Signed before me 200J My Commission expires: ����� Notary Public • 609 CORPORATION A COLORADO CORPORATION PO BOX 1819 ASPEN, CO 81612 BLANK ROBERT S & NANCY L C/O WHITCOMB PARTNERS 110 W 51 ST ST ROOM 4310 NEW YORK, NY 10020 CORBIN MARCIA A PO BOX 9312 ASPEN, CO 81612 ELLIOTT ELYSE A 610 NORTH ST ASPEN, CO 81611 HAGERMAN PASS EQUITY VENTURE LLC C/O LEONARD WEINGLASS PO BOX 11509 ASPEN, CO 81612 HARMAN ANDREW J 563 HOMER AVE PALO ALTO, CA 94301 HOFFMAN JOHN L 1035 W 57TH ST KANSAS CITY. MO 64113 JJDG LLLP 263 E GORE CREEK DR VAIL, CO 81657 BASS RAIFIEL 1 606 E HYMAN ASPEN. CO 81611 BROOKS LAURENE B SHERIDAN SUSAN B 421 DETROIT ST DENVER, CO 80206 CROWN TAPPER PATRICIA 5 POLO CLUB DR DENVER. CO 80209 FOX SAM FOX MARILYN 7701 FORSYTH BLVD STE 600 CLAYTON, MO 63105 HALL CHARLES L PO BOX 1819 ASPEN, CO 81612 HELZBERG SHIRLEY BUSH TRUSTEE QUALIFIED PERSONAL RESIDENCE TRUST 5805 MISSION DR SHAWNEE MISSION, KS 66208 IBBOTSON ANNE B 505 N 5TH ST ASPEN, CO 81611 KOEHLER DAVID R TRUST 618 W SMUGGLER ST ASPEN, CO 81611 LEWIS ADAM LEWIS TOBY D C/O KATHLEEN HONOHAN @NATIONAL 18930 S WOODLAND RD CITY BANK SHAKER HEIGHTS, OH 44122 1900 E 9TH ST LOC 2030 CLEVELAND, OH 44114 LUETKEMEYER JOHN A JR & SUZANNE MAC CARTHY LYNDA M F 50% 626 W FRANCIS ST SCHREIBER EUGENE H & STANFORD D ASPEN, CO 81611 50% 17 W PENNSYLVANIA AVE TOWSON, MD 21204 • BERLINER ARTHUR S C/O WALDEN 750 BATTERY ST #700 SAN FRANCISCO, CA 94705 CHRIST EPISCOPAL CHURCH 536 NORTH ST ASPEN, CO 81611 DOREMUS FAMILY LTD PARTNERSHIP LLLP 85 GLEN GARRY DR ASPEN, CO 81611 GOLDSMITH BARBARA L 1021 PARK AVE NEW YORK, NY 10021 HARDER JAMES B & DELLA 1/2 INT 2001 KIRBY DR STE 1220 HOUSTON, TX 77019 HEWETT CHRISTOPHER PO BOX 2577 RANCHO SANTA FE, CA 92067 ISRAEL CHARLES B PO BOX 11689 ASPEN, CO 81612 LANGENKAMP FAMILY REVOCABLE TRUST 1/2 633 NORTH ST ASPEN, CO 81611 LOWREY JAMES E JR TRUSTEE 1390 ENCLAVE PKWY HOUSTON, TX 77077-2025 MARKALUNAS JAMES J & RAMONA 1 624 W NORTH ST ASPEN, CO 81611 • • MAROLT MAXWELL S MCLEAN CHARLES M MUSGRAVE MARJORY M PO BOX 1013 PO BOX 11687 629 W NORTH ST ASPEN, CO 81612 ASPEN, CO 81612-9478 ASPEN, CO 81611 OXLEY DEBBY M 50% PLENK HENRY P & AGNES M POPE WILLIAM H 1300 WILLIAMS TOWER I 875 DONNER WAY 1403 540 W SMUGGLER TULSA, OK 74103 SALT LAKE CITY, UT 84108 ASPEN, CO 81611 SILVERMAN JACK E SMALL ALBERT H & SHIRLEY S SMITH CHRISTOPHER H & LESLIE M 612 W FRANCIS ST 7116 GLENBROOK RD 234 WEST HOPKINS AVE ASPEN, CO 81611 BETHESDA, MD 20814 ASPEN, CO 81611 WEST END III PARTNERSHIP LLC WEST SMUGGLER LOT SPLIT LLC WHIPPLE RALPH U & LYNNE C 420 W FRANCIS ST C/O LEONARD WEINGLASS 855 GIBSON AVE ASPEN, CO 81611 PO BOX 11509 ASPEN, CO 81611 ASPEN. CO 81612 Z£616 AN 'NO1dWVH3J01i18 Z1919 00 'N3dSV 99L X08 0 d LSOb XO8 Od S3WVf H31-lVS -1 131NVG .ki2IVOOVY 0 • PUBLIC NOTICE RE: 610 W. SMUGGLER LANDMARK DESIGNATION, LOT SPLIT, & A PLAT VACATION NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, February 26, 2001 at a meeting to begin at 5:00 p.m. before the Aspen City Council, Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Marcia Corbin and Anne Burrows, requesting approval for landmark designation, lot split, and a plat vacation for the property located at 505 N. Fifth and 610 W. Smuggler. The property is described as Units A, B, and C, Smuggler Condos, City and Townsite of Aspen. For further information, contact Fred Jarman at the Aspen/Pitkin County Community Development Department, 130 S. Galena St., Aspen, CO (970) 920-5102, fredj@ci.aspen.co.us. s/Rachel E. Richards, Mayor Aspen City Council Published in the Aspen Times on February 10, 2001 City of Aspen Account 0 • PUBLIC NOTICE RE: 610 W. SMUGGLER LANDMARK DESIGNATION, LOT SPLIT, & A PLAT VACATION NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, February 26, 2001 at a meeting to begin at 5:00 p.m. before the Aspen City Council, Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Marcia Corbin and Anne Burrows, requesting approval for landmark designation, lot split, and a plat vacation for the property located at 505 N. Fifth and 610 W. Smuggler. The property is described as Units A, B, and C, Smuggler Condos, City and Townsite of Aspen. For further information, contact Fred Jarman at the Aspen/Pitkin County Community Development Department, 130 S. Galena St., Aspen, CO (970) 920-5102, fredj@ci.aspen.co.us. s/Rachel E. Richards, Mayor Aspen City Council Published in the Aspen Times on February 10, 2001 City of Aspen Account • MEMORANDUM • TO: Aspen City CouncilCOL THRU: Steve Barwick, City Manager Julie Ann Woods, Community Development Director Joyce Ohlson, Deputy Director [As) b FROM: Fred Jarman, Planner �> . RE: 610 West Smuggler and 505 North Fifth Streets - Historic Landmark Designation, Historic Landmark Lot Split, and Plat Vacation [Second Reading] DATE: February 26', 2001 PROJECT: / BURROWS LANDMARK DESIGNATION, LOT SPLIT AND VACATION OF AGREEMENT REQUEST: Designation for Victorian Miner's Cottage ndmark Lot Split PRBBIN f a 1976 "Statement of Exemption from the Definition of Subdivision PUBLIC HEARING: DATE: 6, 2001PROCESS: Designation:Final at City Council ndmark Lot Split: Final at City Council Plat Vacation: Final at City Council RECOMMENDATION: Approval with Conditions • Summary of Request The applicants, Ann Burrows and Marcia Corbin, represented by Mitch Haas, are requesting a 1) Historic Landmark Designation and 2) Historic Landmark Lot Split, and 3) the vacation of a 1976 "Statement of Exemption from the Definition of Subdivision" for a property located at 610 West Smuggler and 505 North Fifth Streets, Lots Q, R, and S, Block 20, City and Townsite of Aspen, Aspen, Colorado. bacLground The subject parcel, lots Q, R, and S, contains 9,000 sq. ft. and is located in Aspen's West End in the R-6 Zone District and known as the Smuggler Condominiums. The fathering parcel contains one historic structure and one non-contributing structure (duplex on Lots R and S). The applicants have recently received land use approvals as part of this application: 1) a .5' east side -yard setback variance for the historic house on Lot Q, a 500 sq. ft. FAR bonus, and approval to demolish the non-contributing duplex on Lots R and S from the Historic Preservation Commission; 2) a Conditional Use approval to allow the development of a duplex or two single-family dwellings on a newly created 6,000 square foot lot in the R-6 Zone District from the Planning and Zoning Commission. These approvals are subject to final approval by the City Council. Landmark Designation Currently, historic designation only applies to the Miner's Cottage on Lot Q, known as "Unit C". This is one of only a few examples in Aspen where only the structure itself is designated a landmark and not the property. The applicants wish to landmark the entire property, as is normal for a landmarking designation, allowing them the opportunity to request a lot split. The historic structure is a typical single -story wood frame Miner's Cottage of the Late Victorian age constructed in 1890 in its original location. The house is intact in its original context and form. All alterations have been done in the rear and are not visible from the street. The second structure located on the site is described as a single -story pan -abode style duplex currently serving as a single residence. The pan -abode is currently a non- contributing structure and not listed on Aspen's Inventory of Historic Sites and Structures. In addition, the Historic Preservation Officer reviewed the panabodes and determined that as a result of their many modifications, they are not good examples of the classic pan -abode style. The applicants received approval from the Historic Preservation Commission to demolish this non-contributing structure. Historic LandmarL Lot Split The applicants wish to split the fathering 9,000 sq. ft. parcel into two lots resulting in one 3,000 sq. ft. and one 6,000 sq. ft. lot to better resemble historic lot size configurations of the West End. The 3000 sq. ft. lot will continue to contain the historic Miner's Cottage on Lot Q. As required by the Land Use Code, pursuant to Subdivision Exemptions for a Historic Landmark Lot Split, the applicant is required to allocate appropriate FAR for each newly created lot. In this case the applicants are required to split the duplex FAR allowed by the Code for a 9,000 sq. ft. lot in the R-6 Zone District. The duplex FAR allowed for the fathering parcel is 4,080 square feet. In addition to the lot split request, the HPC granted a 500 sq. ft. bonus for this project as having significant merit. The resulting FAR allocation requested is reflected in the matrix below: Newly Created Lot Gross Square Feet Allocated FAR Lot Q 3,000 1,340 (including the 500 sq. ft. FAR Bonus) Lots R and S 6,000 3,240 Total FAR 4,580 Staff believes this landmarking and subsequent lot split of the property will 1) guarantee HPC review for any future development on both resulting properties, 2) break up allocated FAR between two or three structures, 3) lock the total allowable FAR for the historic house at 1,340 sq. ft., and 4) ensure the remaining FAR of 3,240 sq. ft. will be on the adjacent lot to be either developed as a duplex or two smaller single family dwellings. The historic landmark lot split will create a non conforming side yard setback for the historic resource on Lot Q. The required side yard setback is normally a minimum of 5 feet. The newly drawn lot line separating Lots R-S from Lot Q will result in a 4.5 foot side yard setback. The Historic Preservation Commission granted this .5 foot variance from the side yard setback. In addition, this proposal is consistent with the overall goals of the Aspen Area Community Plan (AACP). Specifically, the AACP promotes density within the already developed areas of the community; the subject property will provide at least two (2) and up to three (3) dwelling units, not including potential ADUs in the future, on a 9,000 square foot lot. Further, the AACP seeks to maintain Aspen's community character through compatibility with historic structures. Two detached single-family residential units on a 6,000 square foot lot (one house per 3,000 of land) is representative of the historic development patterns of the West End neighborhood and the original Aspen Townsite. It is for these reasons that Staff supports this Historic Landmark Lot Split request. Plat vacation Currently, there are two condominimized structures on the parcel known as the Smuggler Condominiums; Units A and B are located in the duplex (on Lots R and S) and Unit C is located in the historic miner's cottage on Lot Q. This arrangement was the result of the 1976 "Statement of Exemption from the Definition of Subdivision" agreement which was recorded with the plat. The applicants wish to create two fee simple lots with clearly defined floor area limits for each. To do so, the applicants wish to vacate the Smuggler 0 Condominium Plat and the 1976 "Statement of Exemption From the Definition of Subdivision" and replace them with a new plat showing the two properties as separate fee simple lots as a result of the recorded Historic Landmark Lot Split. Regarding the request for plat vacation, the Land Use Code (Section 26.480.080(C)) requires that, "Vacation of an approved plat or any other document recorded in conjunction with a plat shall be considered a plat amendment, and shall only be approved by City Council if good cause is demonstrated." Staff finds that the applicants have effectively demonstrated that the effective code language and review standards required by the Historic Landmark Lot Split and Lot Split will replace the effectiveness of the 1976 agreement. In addition, specific stipulations of the agreement not dealt with by code language are conditions of approval in this Ordinance. Specifically, the applicants intend to show "good cause" by explaining the following points in the matrix below. 1976 "Statement of Exemption from Historic Landmark Lot Split Land Use Code Requirements the Definition of Subdivision 1. "There would be no parceling and The subsequently adopted lot split and historic landmark lot split conveyance of separate interests in the provisions of the Aspen Land Use Code render this condition land." antiquated. Therefore, the condition represents an unfair restriction upon the property as compared with similarly situated properties, especially in light of the fact that the owners seek to eliminate the condominium status of the property. The continued existence/enforcement of this condition renders approval of a Landmark Lot Split impossible. 2. "The applicants agree to join any The co -applicants will agree to continue the effects of this condition as future improvement districts formed for part of this application's approval. the purpose of constructing street improvements (including sidewalk, curb, gutter or paving) or undergrounding of overhead utility lines, proposed for an area including the subject property. " 3. "The applicants agree to reimburse The co -applicants will agree to continue the effects of this condition as the Cityfor their proportionate share of part of this application's approval. the cost of any improvements should the City of Aspen elect to construct them without the formation of a special assessment district. " 4. "That there be constructed no The co -applicants wish to eliminate this condition, and establish the significant additions to the size of either allowable house sizes as part of the review of this application. With the existing structure. " approval of this application, any and all proposed construction (except interior remodels) will require HPC review and approval. 4 1976 "Statement of Exemption from Historic Landmark Lot Split Land Use Code Requirements the Definition of Subdivision 5.-1j'the property is redeveloped, it The ensuing portions of this application demonstrate how the proposal shall be brought into conformity with the complies with all currently applicable zoning and land use regulations. then applicable zoning regulations, The property's nonconforming status with regard to minimum lot area per dwelling unit will be effectively eliminated upon approval of the provided that the applicant(s) ... may proposal. enjoy the benefit of any rights accruing to the nonconforming status of the structures as now or hereafter provided by law. " 6. "That all of the above conditions be The co -applicants seek to eliminate this condition and replace it with a deemed covenants running with the land newly approved City Council Ordinance, a Planning and Zoning and burden the same. " Commission Resolution, an Historic Preservation Commission Resolution, and the Historic Landmark Lot Split Plat, all of which will run with the land as covenants burdening the same. 7. "The applicants) shall, before the As the properties have since been conveyed, it is presumed that the conveyance of any separate interests in appropriate fees have been paid in full. Any fees which may be the premises, pay the City of Aspen the applicable in the future will be paid if and when due. appropriate subdivision dedication fee required by Section 20-18 of the Aspen Municipal Code. " E-xisting E-ncroachments There are several encroachments into the right-of-way extending from the proposed newly created lots. Lot Q contains a trash shed encroachment into the alley to the north. Proposed Lots R-S contains a wood fence encroachment into the West Smuggler Street right-of-way. Upon discussion with City Council at First Reading of this Ordinance on February 12, 2001, Staff has included conditions of approval to require the following: "That the applicants agree to demolish the trash shed encroachment in the alley within 180 days of this approval. Secondly, the applicant shall either 1) remove the fencing encroachment in the public right-of-way on West Smuggler Street from Lots R and S within 180 days of this approval or 2) obtain a Temporary Revocable Encroachment License from the City Engineering Department allowing these encroachments to exist prior to the recording of the final plat. In addition, the applicant agrees to eliminate the fencing encroachment in the public right-of-way on West Smuggler Street from Lots R and S upon redevelopment of the property." (See Exhibit D for photos of the encroachments.) Existing Irrigation Ditch on North 5tl'Street Currently, there is an irrigation ditch running along the east property line of Lots R and S located in the public right-of-way on North Fifth Street. The ditch channel itself is not currently landscaped; only the land around the ditch is landscaped. Upon this approval, the applicants shall 1) fully understand this ditch is the property of the City of Aspen and located in a public right-of-way and 2) the applicant shall not be permitted to take any future action regarding the ditch such as additional landscaping or any other action made to the channel of the ditch further impeding its flow without proper review and approvals by the City of Aspen Community Development, Engineering, and Parks Departments; s. Summary In summary, the applicants are requesting a Historic Landmark designation for the entire property. The applicants wish to maintain the non-contributing status of the pan -abode structure on Lots R and S. In addition, the applicants are requesting a Historic Landmark Lot Split, and to the vacation of a 1976 "Statement of Exemption from the Definition of Subdivision." Recommendation Staff recommends approval of the Corbin / Burrows Historic Landmark Designation, Historic Landmark Lot Split, and the vacation of a 1976 "Statement of Exemption from the Definition of Subdivision" with the following conditions: At present, there is a fencing encroachment into the public right-of-way on West Smuggler Street from Lots R and S and a trash shed encroachment into the alley for Block 20 on the north side of Lot Q. The applicants agree to demolish the trash shed encroachment in the alley within 180 days of this approval. Secondly, the applicant shall either 1) remove the fencing encroachment in the public right- of-way on West Smuggler Street from Lots R and S within 180 days of this approval or 2) obtain a Temporary Revocable Encroachment License from the City Engineering Department allowing these encroachments to exist prior to the recording of the final plat; 2. That the applicant agrees to eliminate the fencing encroachment in the public right-of-way on West Smuggler Street from Lots R and S upon redevelopment of the property; 3. Currently, there is an irrigation ditch running along the east property line of Lots R and S located in the public right-of-way on North Fifth Street. The ditch channel itself is not currently landscaped; only the land around the ditch is landscaped. Upon this approval, the applicants shall 1) fully understand this ditch is the property of the City of Aspen and located in a public right-of-way and 2) the applicant shall not be permitted to take any future action regarding the ditch such as additional landscaping or any other action made to the channel of the ditch further impeding its flow without proper review and approvals by the City of Aspen Community Development, Engineering, and Parks Departments; 4. That the applicant shall submit and record a subdivision plat which meets the terms of Chapter 26.480 and conforms to the requirements of the Land Use Code, in the office of the Pitkin County Clerk and Recorder after approval, indicating that no further subdivision may be granted for these lots nor will additional units be built without receipt of applicable approvals; That the applicant agrees that this subdivision exemption lot split resulting in one 3,000 square foot lot (Lot Q) and one 6,000 square foot lot (Lots R-S) contains a maximum potential build out not to exceed three (3) principal dwelling units which may be comprised of a duplex and a single-family home pursuant to Section 26.480.030(A)(2)(g) for the three lots combined. 6. That the applicant received conditional use approval from the Planning and Zoning Commission to be able to place two single-family homes or duplex on the 6,000 square foot lot (Lots R and S) pursuant to Resolution # 4, Series 2001. 7. Any future development on the newly created lots shall be required to mitigate for their impact pursuant to Chapter 26.470 Growth Management Quota System (GMQS) as required; 8. A subdivision plat and subdivision exemption agreement shall be reviewed and approved by the Community Development, Engineering Departments and the City Attorney and recorded in the office of the Pitkin County Clerk and Recorder within one hundred eighty (180) days of final approval by City Council. Failure to record the plat and subdivision exemption agreement within the specified time limit shall render the plat invalid and reconsideration of the plat by City Council will be required for a showing of good cause; 9. At a minimum the plat shall contain a plat note stating that development of Lots "R-S" shall be required to mitigate for affordable housing pursuant to Section 26.470.070(B) of the Municipal Code for any future development; 10. At a minimum the plat shall contain a plat note stating that no further subdivision may be granted for these lots nor will additional units be built without receipt of applicable approvals pursuant to Chapter 26.480 and growth management allocation pursuant to Chapter 26.470. Any development of the lots will comply with the applicable provisions of the Land Use Code in effect at the time of application; 11. At a minimum the plat shall contain a plat note stating that all new development on the lots will conform to the dimensional requirements of the R-6 zone district, except for variances approved by an entity having the authority to do so; 7 12. That Lots Q, R, and S are designated as historic landmarks and must receive HPC approval for all development in accordance with Section 26.415 of the Municipal Code; 13. Contain a plat note stating the total allowable FAR for each newly created lot. In addition, the applicant shall verify with the City Zoning Officer the total allowable FAR on each lot, taking into account any and all applicable lot area reductions. The property shall be subdivided into two parcels, Lot "Q" receiving 3,000 square feet and Lots "R-S" receiving 6,000 square feet in size. Provided it is found by the Zoning Officer that no lot area reductions are required, the maximum allowable FAR on Lot "Q" will be 1,340 s.f. (including a 500 square foot floor area bonus) and 3,240 square feet of floor area on Lots "R-S." The information specific to exact allocated FAR as indicated above for both lots as verified by the City Zoning Officer, shall be included on the plat, as a plat note; 14. At a minimum, the subdivision exemption agreement shall include the elements outlined in Section 26.480.030(A)(2) of the Aspen Municipal Code, and shall meet the recording and timing requirements described in Section 26.480.070(E); 15. That the applicants shall preserve the "monument" on the south east corner of Lot S as required by the City of Aspen Engineering Department; 16. That the applicants shall ensure that each structure on the newly created lots maintain their separate and individual meter boxes; 17. That the applicant agrees that they shall be required to place street trees as a result of any future development to reflect the traditional cottonwood street tree pattern currently lining West Smuggler and North Fifth Street as required by the City of Aspen Parks Department; 18. Upon obtaining all approvals, the co -applicants will work with their attorneys to ensure that the Smuggler Condominium Declarations and Plat are vacated and replaced with the approved and recorded Historic Landmark Lot Split Plat and associated approval documents (i.e., resolutions and ordinance); 19. That the applicants shall record the Landmark Lot Split Plat which contains a note explaining that further subdivision of the subject lands is prohibited unless otherwise allowed by virtue of future code amendment(s); 20. That the applicants agree to join any future improvement districts formed for the purpose of constructing street improvements (including sidewalk, curb, gutter or paving) or undergrounding of overhead utility lines, proposed for an area including the subject property; 8 21. The applicants agree to reimburse the City for their proportionate share of the cost of any improvements should the City of Aspen elect to construct them without the formation of a special assessment district; 22. That the applicants agree that by eliminating the 1976 "Statement of Exemption from the Definition of Subdivision" it will be replaced with a newly approved City Council Ordinance, a Planning and Zoning Commission Resolution, an Historic Preservation Commission Resolution, and the Historic Landmark Lot Split Plat, and Subdivision Exemption Agreement, all of which will run with the land as covenants burdening the same; and 23. That the applicant place a note on the new plat indicating the land use history of this project. Specifically, the note shall indicate that the former plat and 1976 "Statement of Exemption from the Definition of Subdivision" agreement have been dissolved and replaced with the new plat. Further, the applicant shall also indicate this history in the subdivision exemption agreement; 24. That the applicants agree to pay any applicable fees required by the Aspen Land use Code when such fees are due. Recommenicd Motion "I move to approve the Corbin / Burrows Historic Landmark Designation, Historic Landmark Lot Split, and the vacation of a 1976 "Statement of Exemption from the Definition of Subdivision" for a property located at 610 West Smuggler and 505 North Fifth Streets, Lots Q, R, and S, Block 20, City and Townsite of Aspen, Aspen, Colorado, with conditions set forth in the Ordinance." Review Criteria and Staff Findings EXHIBIT A - HISTORIC LANDMARK DESIGNATION EXHIBIT B — HISTORIC LANDMARK LOT SPLIT EXHIBIT C - PARCEL LOCATION EXHIBIT D - ENCROACHMENTS EXHIBIT E - ORDINANCE P10.5, SERIES OF 2001 EXHIBIT F - APPLICATION 9 • • LAlkitA L11storic LandmarL Designation Standards Any structure or site that meets two (2) or more of the following standards may be designated as "H," Historic Overlay District, and/or historic landmark. It is not the intention of the Historic Preservation Commission to landmark insignificant structures or sites. HPC will focus on those, which are unique or have some special value to the community. A. Historical importance. The structure or site is a principal or secondary structure or site commonly identified or associated with a person or all event of historical significance to the cultural, social, or political history of Aspen, the State of Colorado, or the United States. Staff Finding: Staff and the applicant are unaware of any historical significance in connection with this site with respect to the cultural, social, or political history of Aspen, the State of Colorado, or the United States. Staff finds this criterion is not met. R Architectural importance. Based on the building form, use, or specimen, the structure or site reflects an architectural style that is unique, distinct, or of traditional Aspen character, or the structure or site embodies the distinguishing characteristics of a significant or unique architectural type. Staff Finding: Staff finds that the structure located on Lot Q is a typical example of an Aspen miner's cottage, which reflects an architectural character that is of distinct, traditional Aspen character. The one-story wood frame house is of more or less rectangular shape, with horizontal wood siding, an asphalt gable roof, a front porch, and a chimney. The house is fairly typical of Late Victorian one-story, wood frame Miner's Cottages from the late 1800s. The scallop -shingled gable end faces the street and its lower portion contains one large double -hung, principal window in a shallow bay. The bay has a hip roof supported by brackets with beaded trim, and the base of the bay, too, is supported by brackets. A cross -gable runs parallel to the street with a shed -roof porch occupying the corner. There are two entry doors with transoms and a double -hung window under the porch's shed roof. The porch has turned wood posts. The house resides in its original location, where it served as the residence of one Emma Carstens. According to the recent update of Aspen's Inventory of Historic Sites and Structures, the structure is considered representative of Aspen's mining era character because of its size, simple plan, front gable/porch relationship, and the double entry doors. Since its architecture was found to embody the distinctive characteristics (i.e., building type, period, and method of construction) of Aspen's late 1800s silver mining 10 era, the structure itself was designated as a local historic landmark in 1981 via the adoption of Ordinance No. 77, Series of 1981. The applicants request that the entire property now be included as part of the landmark designation. This action allows HPC review authority over any future proposals for exterior changes to any structure(s) located on the property ensuring compatibility with the historically significant structure. Staff finds this criterion to be met. C. Designer. The structure is a significant work of an architect or designer whose individual work has influenced the character of Aspen. Staff Finding: Staff finds that the original designer is unknown. Therefore, this standard is not met. D. Neighborhood character. The structure or site is a significant component of an historically significant neighborhood and the preservation of the structure or site is important for the maintenance of that neighborhood character. Staff Finding: The property is located in Aspen's historic West End neighborhood. More specifically, West Smuggler Street between North Fifth and Sixth Streets contains four (4) well- preserved, small miner's cottages and is consistent with surrounding blocks that embody some of the best remaining examples of the historic character associated with Aspen's silver mining era. Important to the preservation of this site includes the ability to ensure that neighboring structures are designed in a compatible and sympathetic manner in context with the historic resource. Staff finds that, by landmarking the entire site, the HPC maintains the ability to ensure design compatibility and consistency with historic resources in this historic neighborhood. In approving this landmark designation request, the HPC will gain review authority over the whole property and, therefore, the ability to ensure compatibility in design, massing and scale for the structure(s) located next door to the subject miner's cottage. Staff finds this criterion to be met. E. Community character. The structure or site is critical to the preservation of the character of the Aspen community because of its relationship in terms of size, location, and architectural similarity to other structures or sites of historical or architectural importance. Staff Finding: As it currently exists, the Miner's Cottage is representative of the modest scale, style, and character of homes constructed in the late 1800's which is Aspen's primary period of historic significance. This structure is a strong example of the original appearance and character of Aspen's miner cottages. The house is consistent with the typical size and architectural characteristics of other Aspen structures or sites of historical or architectural 11 importance specific to this era. Its location further enhances the importance of its preservation in defining Aspen's historic character. By virtue of this proposed designation of this site, the applicants will have the ability to propose the historic landmark lot split. This allows for the ability to develop two small- scale detached homes on Lots R and S provided a conditional use is also provided by the Planning and Zoning Commission. If such a development is undertaken, the northwest corner of West Smuggler Street and North Fifth Street will be developed consistent with the historic development patterns of the original Aspen Townsite; there would be one relatively small (approximately 1,500 square feet on average), modest residence per 3,000 square feet of land, each with street frontage and alley access. Staff finds this criterion to be met. 12 • r xkikit F) Historical Lanclmai-L Lot Split In order to conduct an Historic Landmark Lot Split, the applicant shall meet the following requirements of Aspen Land Use Code: Section 26.480.030(A)(2) and (4), Section 26.100.050(A)(2)(e), and Section 26.72.010(G). 26.480.030(A)(2) SUBDMSION EXEMPTIONS, LOT SPLIT The split of a lot for the purpose of the development of one detached single-family dwelling on a lot formed by a lot split granted subsequent to November 14, 1977, where all of the following conditions are met: a) The land is not located in a subdivision approved by either the Pitkin County Board of County Commissioners or the City Council, or the land is described as a metes and bounds parcel which has not been subdivided after the adoption of subdivision regulations by the City of Aspen on March 24, 1969; and Staff Finding: The property consists of Lots Q, R, and S of Block 20 in the original Aspen Townsite. The property is not located within a previously approved subdivision, and the lots predate the City's adoption of subdivision regulations. The condominium map of the property does not constitute a subdivision since only the structures are in different ownership on the property. It is still treated as one lot under Aspen's land use regulations and it was approved as "an exemption from the definition of subdivision." Staff fi-nds this criterion to be met. b) No more than two (2) lots are created by the lot split, both lots conform to the requirements of the underlying zone district. Ai ly lot for which development is proposed will mitigate for affordable housing pursuant to Section 26.100.040(A) (1) (c). Staff Finding: This proposal will create two lots where only one currently exists. The resulting lots will contain 6,000 square feet and 3,000 square feet and conform with the dimensional requirements of the underlying R-6 zone district. The minimum lot size in the R-6 zone district is 6,000 square feet, and 3,000 square feet for lots created through approval of an Historic Landmark Lot Split. The lot split will not result in any additional density potential (outside of any allowable density), there are no implications with regard to the GMQS provisions. Irrespective of the current lack of GMQS implications, the redevelopment will be subject to the terms 13 and provisions of Section 26.470.070(B), as may be amended from time to time if the structure on Lots R and S were demolished for replacement. Specifically, the applicants would be required to either: 1) provide one free market unit and one deed restricted, resident occupied unit with a minimum floor area of 1,500 square feet; 2) provide two free market units and one accessory dwelling unit (ADU) with a minimum floor area of 600 net livable square feet; 3) provide two free market units and two ADUs with a minimum net livable floor area of 300 square feet each; 4) provide two deed restricted, resident occupied units; or, 5) pay the applicable affordable housing impact fee. A note to this effect is included on the proposed Subdivision Exemption Plat for approval prior to recordation. Staff finds this criterion to be met. c) The lot under consideration, or any part thereof, was not previously the subject of a subdivision exemption under the provisions of this chapter or a "lot split" exemption pursuant to Section 26.100.040(C)(1)(a); and Staff Finding: Staff finds the subdivision exemptions provided for in Chapter 26.480 of the Code includes: 1) Lot Line Adjustments; 2) Lot Splits; 3) Approved Subdivisions; and 4) Historic Landmark Lot Splits. While the subject property was granted a 1976 exemption from the definition of subdivision in order to allow condominiumization, the lot was never the subject of a subdivision exemption under the provisions of this (26.480) chapter or a lot split exemption. Staff finds this criterion to be met. d) A subdivision plat which meets the terms of this chapter, and conforms to the requirements of this title, is submitted and recorded in the office of the Pitkin County clerk and recorder after approval, indicating that no further subdivision may be granted for these lots nor will additional units be built without receipt of applicable approvals pursuant to this chapter and growth management allocation pursuant to Chapter 26.100. Staff Finding: Staff shall require that a subdivision plat will be reviewed by the Planning and Engineering Departments for approval and recordation within 180 days of final land use approval. The plat will include notes explaining that further subdivision is prohibited unless otherwise allowed by virtue of future code amendment(s), and that any and all additional development must comply with the applicable provisions of the Land Use Code. It will also contain a note describing and referring to the approvals pursuant to which the plat was prepared. Staff finds this criterion to be met. e) Recordation. The subdivision exemption agreement and plat shall be recorded in the office of the Pitkin County clerk and recorder. Failure on the part of the applicant to record the plat within one hundred eighty (180) days following approval by the City Council shall render the plat invalid and 14 reconsideration of the plat hY the Qv Council will he required for a showing of good cause. Staff Finding: Staff finds that the applicants understand the language of this criterion and will comply. It is the understanding of the co -applicants that the plat and plat notes may serve as the "subdivision exemption agreement," with no need for a separate document. However, as previously required by Staff for other historic landmark lot splits, the applicants will record a separate subdivision exemption agreement upon the City's approval. Staff finds this criterion to be met. In the case where an existing single-family dwelling occupies a site which is eligible for a lot split, the dwelling need not be demolished prior to application for a lot split. Staff Finding: This proposal does not indicate that any of the existing dwelling units will be immediately demolished. It is clear that the applicants wish to eventually demolish the non-contributing structure on Lots R and S. The Aspen Historic Preservation Officer, Amy Guthrie, has visited the site and determined that the structure on Lots R and S is of no historical significance and is not opposed to its demolition. [The structure is not designated as a landmark or listed on Aspen's Inventory of Historic Sites and Structures.] Staff finds this criterion to be met. g) Maximum potential buildout for the two (2) parcels created by a lot split shall not exceed three (3) units, which may be composed of a duplex and a single-family home. Staff Finding: The applicants request the land use approvals to allow a total buildout of three (3) units. This buildout could occur in the form of three single-family dwellings which is allowed as a conditional use. This application also requests conditional use approval from the Planning and Zoning Commission for the ability to eventually redevelop 6,000 square foot Lots R and S with two detached dwelling units; Lot Q will always contain one detached residence. Staff finds this criterion to be met. [In June of 1998, the Community Development Director made a formal code interpretation finding that the word "may," as used in this standard, is permissive and means the same thing as "can" or "might." Thus, the proposal complies with the technical requirements of this standard even if Lots R and S are redeveloped with two detached single-family structures (see 920 West Hallam Street approval).] 26.480.030(A)(4) SUBDIVISION EXEMPTIONS, HISTORIC LANDMARK LOT SPLIT The split of a lot that is a designated historic landmark for the development of one new single-family dwelling. The Historic Landmark Lot Split shall meet the requirements of 15 section 26.88.030(A)(2), section 26.100.050(A)(2)(e), section 26.72.010(G) of this Code, and the following standards: a) The original parcel shall be a minimum of 9,000 square feet in size and be located in the R-6 zone district or a minimum of 13,000 square feet and be located in the R-15A zone district. Staff Finding: The subject parcel is 9,000 square feet and is located in the R-6 zone district. Staff finds this criterion to be met. b) The total FAR for both residences shall not exceed the floor area allowed for a duplex on the original parcel. The total FAR for each lot shall be noted on the Subdivision Exemption Plat. Staff Finding: Staff finds that the FAR floor area will be divided as provided below. The original parcel in the current case is 9,000 square feet, and the R-6 zone allows 4,080 square feet of FAR floor area for a duplex on such a lot. The applicant's wish to divide the 4,080 square feet by allocating 3,240 square feet of FAR floor area to Lots R and S (combined) and 840 square feet to Lot Q provided the HPC grants a 500 square foot bonus to Lot Q, bringing its total allowable FAR floor area to 1,340 square feet. A note explaining these allocations is included on the proposed Subdivision Exemption Plat and will be included on the Plat approved for recordation. Staff finds this criterion to be met. c) The proposed development meets all dimensional requirements of the underlying zone district. HPC variances and bonuses are only permitted on the parcel that contains a historic structure. Staff Finding: Currently, the applicants are not proposing any on -site development at this time. It is clear that the applicants wish the entire property to be landmarked and subsequently split for this application to work with respect to the requirements of the R-6, Medium Density Residential zone district. The minimum lot size in the R-6 zone is 6,000 square feet for most lots, but 3,000 square feet for lots created through the approval of an Historic Landmark Lot Split. In its current configuration, the property comprises one 9,000 square foot lot. Detached residential dwellings and duplexes are listed as permitted uses in the R-6 zone district. It should be noted that the dimensional requirement of "minimum lot area per dwelling unit" requires that a detached residential dwelling maintains a minimum lot area of 6,000 square feet, while A duplex may be developed on a lot of 8, 000 square feet that was subdivided as of April 25, 1975. A duplex may also be developed on a lot of 7,500 square feet that 16 was subdivided as of and annexed subsequent to January 1, 1989. Otherwise, the duplex must be developed with a minimum lot area of 4,500 square feet per dwelling unit, unless the property contains a historic landmark, in which case a duplex or two (2) detached residential dwellings may be developed with a minimum lot area of 3, 000 square feet per unit. Currently, the lot contains a detached dwelling unit and a duplex structure used as a single residence which are nonconforming with respect to the minimum lot area per dwelling unit provisions of the R-6 zone. In effect, the existing configuration would require a 12,000 square foot lot. Approval of the requested landmark designation and lot split will eliminate this nonconformity by placing the detached residence on a 3,000 square foot lot while creating a 6,000 square foot lot for redevelopment with a duplex, or one or two detached residences. The lot containing the historic resource (Lot Q) will not be changed as a result of the proposal. The house on Lot Q is situated 1.7 feet from the westerly side lot line; a barbecue, a shed, and a fence encroach onto the adjacent lot to the west; and, a trash shed encroaches on the alley right-of-way. All of these conditions will continue for the time being, but with the creation of a new lot line between Lots Q and R, some minor setback nonconformities (i.e., an approximately 4.5' setback instead of the required 5') will be created with respect to the side yard. These have been approved by the Historic Preservation Commission pending final approval by City Council for the Historic Landmarl Lot Split. The structure on Lots R and S does not currently comply with the rear and side (east) setback requirements of the R-6 zone district. The proposed lot split will not create any additional nonconformities. It is clear that the applicants wish to demolish the non- contributing structure on Lots R and S. Any subsequent redevelopment of the property will comply with all applicable dimensional requirements of the R-6 zone district. 26.470.070(C) GMQS EXEMPTION, HISTORIC LANDMARK LOT SPLIT The construction of each new single-family dwelling on a lot created through review and approval of an Historic Landmark Lot Split shall be exempt from the scoring and competition procedures. The exemption is to be approved by the Community Development Director, but is not to be deducted from the respective annual development allotments or from the development ceilings. Staff Finding: Currently, there are no standards for reviewing exemption requests; however, if the structure on Lots R and S is demolished for replacement, the redevelopment shall comply with Section 26.470.070(B)(2), by one of the following: 1) providing one free market unit and one deed restricted, resident occupied unit with a minimum floor area of 1,500 square feet; 2) providing two free market units and one accessory dwelling unit (ADU) with a minimum floor area of 600 net livable square feet; 3) providing two free market units and two ADUs with a minimum net livable floor area of 300 square feet each; 4) 17 providing two deed restricted, resident occupied units; or, 5) paying the applicable affordable housing impact fee. The applicant is required to provide a note on the proposed Subdivision Exemption Plat for approval prior to recordation to this effect. Further, the structure on Lot Q is an historic landmark. If it is ever allowed to be demolished, its redevelopment will comply with Section 26.470.070(B)(1). 18 • • Lxklklt C Parcel Location 19 • 0 E-xhibit D Corbin/F)urrows Encroachments 20 11 • ORDINANCE NO. 5, SERIES OF 2001 FXhj61tF AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING AN APPLICATION FOR A HISTORIC LANDMARK DESIGNATION, HISTORIC LANDMARK LOT SPLIT, AND PLAT VACATION FOR A PROPERTY LOCATED AT 610 WEST SMUGGLER AND 505 NORTH FIFTH STREETS, LOTS Q, R, AND S, BLOCK 20, CITY AND TOWNSITE OF ASPEN, ASPEN, COLORADO. Parcel ID: 2 735-121-11-007 WHEREAS, the applicants, Ann Burrows and Marcia Corbin, represented by Mitch Haas, have requested a 1) Historic Landmark Designation and 2) Historic Landmark Lot Split, and 3) a Plat Vacation which is described as the vacation of a 1976 "Statement of Exemption from the Definition of Subdivision for a property located at 610 West Smuggler and 505 North Fifth Streets, Lots Q, R, and S, Block 20, City and Townsite of Aspen, Aspen, Colorado; and WHEREAS, at a public hearing, which was legally noticed and held at a regular meeting of the Historic Preservation Commission on January 10, 2001, at which time the HPC considered and found the application to meet the review standards, and recommended approval to the City Council for the Historic Landmark Designation, Historic Landmark Lot Split, and approved a .5' east side -yard setback variance for the landmarked residence on Lot Q, allocation of 500 square foot bonus, and FAR allocation to newly created lots with conditions by a vote of five to one (5 to 1); and WHEREAS, at a public hearing, which was legally noticed and held at a regular meeting of the Planning and Zoning Commission on January, 16t', 2001, at which time the P&Z considered and found the application to meet the review standards, and recommended approval to the City Council for the Historic Landmark Designation and approved the request for a conditional use with conditions by a vote of four to zero (4 to 0); and WHEREAS, all applications for a Historic Landmark Designation, Historic Landmark Lot Split, and Plat Vacation shall meet all of the applicable Development Review Standards including Land Use Code Sections 26.480.080(C), 26.420.010, 26.480.030(A)(2), 26.480.030(A)(4), and 26.470.070(C) in order for City Council to grant approval; and 21 L] WHEREAS, in a staff report dated February 26, 2001, the Community Development Department determined the application for a Historic Landmark Designation and Historic Landmark Lot Split met the applicable review standards indicated above, and recommended City Council approve the requests with conditions; WHEREAS, the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Planning and Zoning Commission, the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and WHEREAS, the City Council finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE ASPEN CITY COUNCIL AS FOLLOWS: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Historic Landmark Designation, Historic Landmark Lot Split, and Plat Vacation described as the vacation of a 1976 "Statement of Exemption from the Definition of Subdivision" for a property located at 610 West Smuggler and 505 North Fifth Streets, Lots Q, R, and S, Block 20, City and Townsite of Aspen, Aspen, Colorado is approved with the following conditions: At present, there is a fencing encroachment into the public right-of-way on West Smuggler Street from Lots R and S and a trash shed encroachment into the alley for Block 20 on the north side of Lot Q. The applicants agree to demolish the trash shed encroachment in the alley within 180 days of this approval. Secondly, the applicant shall either 1) remove the fencing encroachment in the public right- of-way on West Smuggler Street from Lots R and S within 180 days of this approval or 2) obtain a Temporary Revocable Encroachment License from the City Engineering Department allowing these encroachments to exist prior to the recording of the final plat; 2. That the applicant agrees to eliminate the fencing encroachment in the public right-of-way on West Smuggler Street from Lots R and S upon redevelopment of the property; 22 3. Currently, there is an irrigation ditch running along the east property line of Lots R and S located in the public right-of-way on North Fifth Street. The ditch channel itself is not currently landscaped; only the land around the ditch is landscaped. Upon this approval, the applicants shall 1) fully understand this ditch is the property of the City of Aspen and located in a public right-of-way and 2) the applicant shall not be permitted to take any future action regarding the ditch such as additional landscaping or any other action made to the channel of the ditch further impeding its flow without proper review and approvals by the City of Aspen Community Development, Engineering, and Parks Departments; 4. That the applicant shall submit and record a subdivision plat which meets the terms of Chapter 26.480 and conforms to the requirements of the Land Use Code, in the office of the Pitkin County Clerk and Recorder after approval, indicating that no further subdivision may be granted for these lots nor will additional units be built without receipt of applicable approvals; 5. That the applicant agrees that this subdivision exemption lot split resulting in one 3,000 square foot lot (Lot Q) and one 6,000 square foot lot (Lots R-S) contains a maximum potential build out not to exceed three (3) principal dwelling units which may be comprised of a duplex and a single-family home pursuant to Section 26.480.030(A)(2)(g) for the three lots combined; 6. That the applicant received conditional use approval from the Planning and Zoning Commission to be able to place two single-family homes or duplex on the 6,000 square foot lot (Lots R and S) pursuant to Resolution # 4, Series 2001; 7. Any future development on the newly created lots shall be required to mitigate for their impact pursuant to Chapter 26.470 Growth Management Quota System (GMQS) as required; 8. A subdivision plat and subdivision exemption agreement shall be reviewed and approved by the Community Development, Engineering Departments and the City Attorney and recorded in the office of the Pitkin County Clerk and Recorder within one hundred eighty (180) days of final approval by City Council. Failure to record the plat and subdivision exemption agreement within the specified time limit shall render the plat invalid and reconsideration of the plat by City Council will be required for a showing of good cause; 9. At a minimum the plat shall contain a plat note stating that development of Lots "R-S" shall be required to mitigate for affordable housing pursuant to Section 26.470.070(B) of the Municipal Code for any future development; 10. At a minimum the plat shall contain a plat note stating that no further subdivision may be granted for these lots nor will additional units be built without receipt of applicable approvals pursuant to Chapter 26.480 and growth management 23 9 • allocation pursuant to Chapter 26.470. Any development of the lots will comply with the applicable provisions of the Land Use Code in effect at the time of application; 11. At a minimum the plat shall contain a plat note stating that all new development on the lots will conform to the dimensional requirements of the R-6 zone district, except for variances approved by an entity having the authority to do so; 12. That Lots Q, R, and S are designated as historic landmarks and must receive HPC approval for all development in accordance with Section 26.415 of the Municipal Code; 13. Contain a plat note stating the total allowable FAR for each newly created lot. In addition, the applicant shall verify with the City Zoning Officer the total allowable FAR on each lot, taking into account any and all applicable lot area reductions. The property shall be subdivided into two parcels, Lot "Q" receiving 3,000 square feet and Lots "R-S" receiving 6,000 square feet in size. Provided it is found by the Zoning Officer that no lot area reductions are required, the maximum allowable FAR on Lot "Q" will be 1,340 s.f. (including a 500 square foot floor area bonus) and 3,240 square feet of floor area on Lots "R-S." The information specific to exact allocated FAR as indicated above for both lots as verified by the City Zoning Officer, shall be included on the plat, as a plat note; 14. At a minimum, the subdivision exemption agreement shall include the elements outlined in Section 26.480.030(A)(2) of the Aspen Municipal Code, and shall meet the recording and timing requirements described in Section 26.480.070(E); 15. That the applicants shall preserve the "monument" on the south east corner of Lot S as required by the City of Aspen Engineering Department; 16. That the applicants shall ensure that each structure on the newly created lots maintain their separate and individual meter boxes; 17. That the applicant agrees that they shall be required to place street trees as a result of any future development to reflect the traditional cottonwood street tree pattern currently lining West Smuggler and North Fifth Street as required by the City of Aspen Parks Department; 18. Upon obtaining all approvals, the co -applicants will work with their attorneys to ensure that the Smuggler Condominium Declarations and Plat are vacated and replaced with the approved and recorded Historic Landmark Lot Split Plat and associated approval documents (i.e., resolutions and ordinance); 24 0 • 19. That the applicants shall record the Landmark Lot Split Plat which contains a note explaining that further subdivision of the subject lands is prohibited unless otherwise allowed by virtue of future code amendment(s); 20. That the applicants agree to join any future improvement districts formed for the purpose of constructing street improvements (including sidewalk, curb, gutter or paving) or undergrounding of overhead utility lines, proposed for an area including the subject property; 21. The applicants agree to reimburse the City for their proportionate share of the cost of any improvements should the City of Aspen elect to construct them without the formation of a special assessment district; 22. That the applicants agree that by eliminating the 1976 "Statement of Exemption from the Definition of Subdivision" it will be replaced with a newly approved City Council Ordinance, a Planning and Zoning Commission Resolution, an Historic Preservation Commission Resolution, and the Historic Landmark Lot Split Plat, and Subdivision Exemption Agreement, all of which will run with the land as covenants burdening the same; 23. That the applicant place a note on the new plat indicating the land use history of this project. Specifically, the note shall indicate that the former plat and 1976 "Statement of Exemption from the Definition of Subdivision" agreement have been dissolved and replaced with the new plat. Further, the applicant shall also indicate this history in the subdivision exemption agreement; and 24. That the applicants agree to pay any applicable fees required by the Aspen Land use Code when such fees are due. Section 2: All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3: This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion 25 • shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on this 12t' day of February, 2001. Attest: Kathryn S. Koch, City Clerk Rachel Richards, Mayor FINALLY, adopted, passed and approved this 26"' day of February, 2001. Attest: Kathryn S. Koch, City Clerk Approved as to form: John Worcestor, City Attorney Rachel Richards, Mayor CANiy Documents\Current Cases\Lot Slpit\Corbin_Burrows\Corbin_Burrows_CC_Memo.doc 26 • MEMORANDUM • TO: Aspen City Council THRU: Steve Barwick, City Manager Julie Ann Woods, Community Development Directo Joyce Ohlson, Deputy Director FROM: Fred Jarman, Planner 0 , RE: 610 West Smuggler and 505 North Fifth Streets - Historic Landmark Designation, Historic Landmark Lot Split, and Plat Vacation [First Reading] DATE: February 12, 2001 f �. Non-contributing duplex on 505 N. Fifth Street, "Units A and B ", located on Lots R and S. PROJECT: CORBIN / BURROWS LANDMARK DESIGNATION, LOT SPLIT AND VACATION OF AGREEMENT REQUEST: Landmark Designation for Victorian Miner's Cottage Historic Landmark Lot Split Vacation of a 1976 "Statement of Exemption from the Definition of Subdivision PUBLIC HEARING: Yes DATE: February 12, 2001 PROCESS: Landmark Designation: Final at City Council Historic Landmark Lot Split: Final at City Council Plat Vacation: Final at City Council RECOMMENDATION: Approval with Conditions • C� Summary of Request The applicants, Ann Burrows and Marcia Corbin, represented by Mitch Haas, are requesting a 1) Historic Landmark Designation and 2) Historic Landmark Lot Split, and 3) the vacation of a 1976 "Statement of Exemption from the Definition of Subdivision" for a property located at 610 West Smuggler and 505 North Fifth Streets, Lots Q, R, and S, Block 20, City and Townsite of Aspen, Aspen, Colorado. background The subject parcel, lots Q, R, and S, contains 9,000 sq. ft. and is located in Aspen's West End in the R-6 Zone District and known as the Smuggler Condominiums. The fathering parcel contains one historic structure and one non-contributing structure (duplex on Lots R and S). The applicants have recently received land use approvals as part of this application: 1) a .5' east side -yard setback variance for the historic house on Lot Q, a 500 sq. ft. FAR bonus, and approval to demolish the non-contributing duplex on Lots R and S from the Historic Preservation Commission; 2) a Conditional Use approval to allow the development of a duplex or two, single-family dwellings on a newly created 6,000 square foot lot in the R-6 Zone District from the Planning and Zoning Commission. These approvals are subject to final approval by the City Council. Landmark ])esignation Currently, historic designation only applies to the Miner's Cottage on Lot Q, known as "Unit C". This is one of only a few examples in Aspen where only the structure itself is designated a landmark and not the property. The applicants wish to landmark the entire property, as is normal for a landmarking designation, allowing them the opportunity to request a lot split. The historic structure is a typical single -story wood frame Miner's Cottage of the Late Victorian age constructed in 1890 in its original location. The house is intact in its original context and form. All alterations have been done in the rear and are not visible from the street. The second structure located on the site is described as a single -story pan -abode style duplex currently serving as a single residence. The pan - abode is currently a non-contributing structure and not listed on Aspen's Inventory of Historic Sites and Structures. The applicants received approval from the Historic Preservation Commission to demolish this non-contributing structure. Historic LandmarL Lot 5pht The applicants wish to split the fathering 9,000 sq. ft. parcel into two lots resulting in one 3,000 sq. ft. and one 6,000 sq. ft. lot to better resemble historic lot size configurations of the West End. The 3000 sq. ft. lot will continue to contain the historic Miner's Cottage on Lot Q. As required by the Land Use Code, pursuant to Subdivision Exemptions for a Historic Landmark Lot Split, the applicant is required to allocate appropriate FAR for each newly created lot. In this case the applicants are required to split the duplex FAR allowed by the Code for a 9,000 sq. ft. lot in the R-6 Zone District. The duplex FAR allowed for the fathering parcel is 4,080 square feet. In addition to the lot split request, the HPC granted a 500 sq. ft. bonus for this project as having significant merit. The resulting FAR allocation requested is reflected in the matrix below: Ne►vly Created Lot Gross Square Feet Allocated FAR Lot Q 3,000 1,340 (including the 500 sq. ft. FAR Bonus) Lots R and S 6,000 3,240 Total FAR 4,580 Staff believes this landmarking and subsequent lot split of the property will 1) guarantee HPC review for any future development on both resulting properties, 2) break up allocated FAR between two or three structures, 3) lock the total allowable FAR for the historic house at 1,340 sq. ft., and 4) ensure the remaining FAR of 3,240 sq. ft. will be on the adjacent lot to be either developed as a duplex or two smaller single family dwellings. The historic landmark lot split will create a nonconforming side yard setback for the historic resource on Lot Q. The required side yard setback is normally a minimum of 5 feet. The newly drawn lot line separating Lots R-S from Lot Q will result in a 4.5 foot side yard setback. The Historic Preservation Commission granted this .5 foot variance from the side yard setback. In addition, this proposal is consistent with the overall goals of the Aspen Area Community Plan (AACP). Specifically, the AACP promotes density within the already developed areas of the community; the subject property will provide at least two (2) and up to three (3) dwelling units, not including potential ADUs in the future, on a 9,000 square foot lot. Further, the AACP seeks to maintain Aspen's community character through compatibility with historic structures. Two detached single-family residential units on a 6,000 square foot lot (one house per 3,000 of land) is representative of the historic development patterns of the West End neighborhood and the original Aspen Townsite. It is for these reasons that Staff supports this Historic Landmark Lot Split request. Plat vacation Currently, there are two condominimized structures on the parcel known as the Smuggler Condominiums; Units A and B are located in the duplex (on Lots R and S) and Unit C is located in the historic miner's cottage on Lot Q. This arrangement was the result of the 1976 "Statement of Exemption from the Definition of Subdivision" agreement which was recorded with the plat. The applicants wish to create two fee simple lots with clearly defined floor area limits for each. To do so, the applicants wish to vacate the Smuggler Condominium Plat and the 1976 "Statement of Exemption From the Definition of Subdivision" and replace them with a new plat showing the two properties as separate fee simple lots as a result of the recorded Historic Landmark Lot Split. • 0 Regarding the request for plat vacation, the Land Use Code (Section 26.480.080(C)) requires that, "Vacation of an approved plat or any other document recorded in conjunction with a plat shall be considered a plat amendment, and shall only be approved by City Council if good cause is demonstrated." Staff finds that the applicants have effectively demonstrated that the effective code language and review standards required by the Historic Landmark Lot Split and Lot Split will replace the effectiveness of the 1976 agreement. In addition, specific stipulations of the agreement not dealt with by code language are conditions of approval in this Ordinance. Specifically, the applicants intend to show "good cause" by explaining the following points in the matrix below. 1976 "Statement of Exemption Historic Landmark Lot Split Land Use Code Requirements from the Definition of Subdivision 1. "There would be no parceling The subsequently adopted lot split and historic landmark lot split and conveyance of separate interests provisions of the Aspen Land Use Code render this condition in the land." antiquated. Therefore, the condition represents an unfair restriction upon the property as compared with similarly situated properties, especially in light of the fact that the owners seek to eliminate the condominium status of the property. The continued existence/enforcement of this condition renders approval of a Landmark Lot Split impossible. 2. "The applicants agree to join any The co -applicants will agree to continue the effects of this condition as future improvement districts formed part of this application's approval. for the purpose of constructing street improvements (including sidewalk, curb, gutter or paving) or undergrounding of overhead utility lines, proposed for an area including the subject property. " 3. "The applicants agree to The co -applicants will agree to continue the effects of this condition as reimburse the City for their part of this application's approval. proportionate share of the cost of any improvements should the City of Aspen elect to construct them without the formation of a special assessment district. " 4. "That there be constructed no The co -applicants wish to eliminate this condition, and establish the significant additions to the size of allowable house sizes as part of the review of this application. With the either existing structure. " approval of this application, any and all proposed construction (except interior remodels) will require HPC review and approval. S. "If the property is redeveloped, it The ensuing portions of this application demonstrate how the proposal shall be brought into conformity complies with all currently applicable zoning and land use regulations. 4 with the then applicable zoning The property's nonconforming status with regard to minimum lot area per dwelling unit will be effectively eliminated upon approval of the regulations, provided that the proposal. applicants) ... may enjoy the benefit of any rights accruing to the nonconforming status of the structures as now or hereafter provided by law. " 6. "That all of the above conditions The co -applicants seek to eliminate this condition and replace it with a be deemed covenants running with newly approved City Council Ordinance, a Planning and Zoning the land and burden the same. " Commission Resolution, an Historic Preservation Commission Resolution, and the Historic Landmark Lot Split Plat, all of which will run with the land as covenants burdening the same. 7. "The applicant(s) shall, before As the properties have since been conveyed, it is presumed that the the conveyance of any separate appropriate fees have been paid in full. Any fees which may be interests in the premises, pay the applicable in the future will be paid if and when due. City of Aspen the appropriate subdivision dedication fee required by Section 20-18 of the Aspen Municipal Code. " r,xisting r-ncroackments There are several encroachments into the right-of-way extending from the proposed newly created lots. Lot Q contains a trash shed encroachment into the alley to the north. Proposed Lots R-S contains a wood fence encroachment into the West Smuggler Street right-of-way. In addition, an irrigation ditch runs northward along North Fifth Street in front of Lots R-S. The ditch is currently landscaped. The Parks Department, at the Development Review Committee meeting, indicated that the ditch should remain as unimpeded as possible and no further landscaping be allowed which impacts the ditch. Summary In summary, the applicants are requesting a Historic Landmark designation for the entire property. The applicants wish to maintain the non-contributing status of the pan -abode structure on Lots R and S. In addition, the applicants are requesting a Historic Landmark Lot Split, and to the vacation of a 1976 "Statement of Exemption from the Definition of Subdivision." Recommendation Staff recommends approval of the Corbin / Burrows Historic Landmark Designation, Historic Landmark Lot Split, and the vacation of a 1976 "Statement of Exemption from the Definition of Subdivision" with the following conditions: At present, there is a fencing encroachment into the public right-of-way on West Smuggler Street and a trash shed encroachment into the alley for Block 20 on the north side of Lot Q. The applicant must either 1) remove the encroachments or 2) obtain a Temporary Revocable Encroachment License from the City Engineering Department allowing these encroachments to exist prior to the recording of the final plat; 2. That the applicant shall submit and record a subdivision plat which meets the terms of Chapter 26.480 and conforms to the requirements of the Land Use Code, in the office of the Pitkin County Clerk and Recorder after approval, indicating that no further subdivision may be granted for these lots nor will additional units be built without receipt of applicable approvals; 3. That the applicant agrees that this subdivision exemption lot split resulting in one 3,000 square foot lot (Lot Q) and one 6,000 square foot lot (Lots R-S) contains a maximum potential build out not to exceed three (3) principal dwelling units which may be comprised of a duplex and a single-family home pursuant to Section 26.480.030(A)(2)(g) for the three lots combined. In addition, the applicant may be able to place two single-family homes on the 6,000 square foot lot if approved as a conditional use by the Planning and Zoning Commission; 4. Any future development on the newly created lots shall be required to mitigate for their impact pursuant to Chapter 26.470 Growth Management Quota System (GMQS) as required; 5. A subdivision plat and subdivision exemption agreement shall be reviewed and approved by the Community Development and Engineering Departments and recorded in the office of the Pitkin County Clerk and Recorder within one hundred eighty (180) days of final approval by City Council. Failure to record the plat and subdivision exemption agreement within the specified time limit shall render the plat invalid and reconsideration of the plat by City Council will be required for a showing of good cause. As a minimum, the subdivision plat shall: 6. Contain a plat note stating that development of Lots "R-S" shall be required to mitigate for affordable housing pursuant to Section 26.470.070(B) of the Municipal Code for any future development; 7. Contain a plat note stating that no further subdivision may be granted for these lots nor will additional units be built without receipt of applicable approvals pursuant to Chapter 26.480 and growth management allocation pursuant to Chapter 26.470. Any development of the lots will comply with the applicable provisions of the Land Use Code in effect at the time of application; 6 8. Contain a plat note stating that all new development on the lots will conform to the dimensional requirements of the R-6 zone district, except for variances approved by an entity having the authority to do so; 9. That Lots Q, R, and S are designated as historic landmarks and must receive HPC approval for all development in accordance with Section 26.415 of the Municipal Code; 10. Contain a plat note stating the total allowable FAR for each newly created lot. In addition, the applicant shall verify with the City Zoning Officer the total allowable FAR on each lot, taking into account any and all applicable lot area reductions. The property shall be subdivided into two parcels, Lot "Q" receiving 3,000 square feet and Lots "R-S" receiving 6,000 square feet in size. Provided it is found by the Zoning Officer that no lot area reductions are required, the maximum allowable FAR on Lot "Q" will be 1,340 s.f. (including a 500 square foot floor area bonus) and 3,240 square feet of floor area on Lots "R-S." The information specific to exact allocated FAR as indicated above for both lots as verified by the City Zoning Officer, shall be included on the plat, as a plat note; 11. At a minimum, the subdivision exemption agreement shall include the elements outlined in Section 26.480.030(A)(2) of the Aspen Municipal Code, and shall meet the recording and timing requirements described in Section 26.480.070(E); 12. That the applicants preserve the "monument" on the south east corner of Lot S as required by the City of Aspen Engineering Department; 13. That the applicants shall ensure that each structure on the newly created lots maintain their separate and individual meter boxes; 14. That the applicant agrees that they shall be required to place street trees as a result of any future development to reflect the traditional cottonwood street tree pattern currently lining West Smuggler and North Fifth Street as required by the City of Aspen Parks Department; 15. Upon obtaining all approvals, the co -applicants will work with their attorneys to ensure that the Smuggler Condominium Declarations and Plat are vacated and replaced with the approved and recorded Historic Landmark Lot Split Plat and associated approval documents (i.e., resolutions and ordinance); 16. That the applicants shall record the Landmark Lot Split Plat which contains a note explaining that further subdivision of the subject lands is prohibited unless otherwise allowed by virtue of future code amendment(s); 17. That the applicants agree to join any future improvement districts formed for the purpose of constructing street improvements (including sidewalk, curb, gutter or 7 u • paving) or undergrounding of overhead utility lines, proposed for an area including the subject property; 18. The applicants agree to reimburse the City for their proportionate share of the cost of any improvements should the City of Aspen elect to construct them without the formation of a special assessment district; 19. That the applicants agree that by eliminating the 1976 "Statement of Exemption from the Definition of Subdivision" it will be replaced with a newly approved City Council Ordinance, a Planning and Zoning Commission Resolution, an Historic Preservation Commission Resolution, and the Historic Landmark Lot Split Plat, all of which will run with the land as covenants burdening the same; and 20. That the applicants shall, before the conveyance of any separate interests in the premises, pay the City of Aspen the appropriate subdivision dedication fee required by Section 20-18 of the Aspen Municipal Code. That the applicants are required by the Aspen Land Use Code requirements for payment of applicable fees; any fees which may be applicable in the future will be paid if and when due. Recommended Motion "I move to approve the Corbin / Burrows Historic Landmark Designation, Historic Landmark Lot Split, and the vacation of a 1976 "Statement of Exemption from the Definition of Subdivision" for a property located at 610 West Smuggler and 505 North Fifth Streets, Lots Q, R, and S, Block 20, City and Townsite of Aspen, Aspen, Colorado, with conditions set forth in the Ordinance." Review Criteria anti Staff rindings EXHIBIT A - HISTORIC LANDMARK DESIGNATION EXHIBIT B — HISTORIC LANDMARK LOT SPLIT EXHIBIT C - PARCEL LOCATION EXHIBIT D - APPLICATION EXHIBIT E - ORDINANCE NO. , SERIES OF 2001 • 0 F-AlkitA Historic LandmarL Dcsignation 5tandarJs Any structure or site that meets two (2) or more of the following standards may be designated as "H," Historic Overlay District, and/or historic landmark. It is not the intention of the Historic Preservation Commission to landmark insignificant structures or sites. HPC will focus on those, which are unique or have some special value to the community. A. Historical importance. The structure or site is a principal or secondary structure or site commonly identified or associated with a person or an event of historical significance to the cultural, social, or political history of Aspen, the State of Colorado, or the United States. Staff Finding: Staff and the applicant are unaware of any historical significance in connection with this site with respect to the cultural, social, or political history of Aspen, the State of Colorado, or the United States. Staff finds this criterion is not met. B. Architectural importance. Based on the building form, use, or specimen, the structure or site reflects an architectural style that is unique, distinct, or of traditional Aspen character, or the structure or site embodies the distinguishing characteristics of a significant or unique architectural type. Staff Finding: Staff finds that the structure located on Lot Q is a typical example of an Aspen miner's cottage, which reflects an architectural character that is of distinct, traditional Aspen character. The one-story wood frame house is of more or less rectangular shape, with horizontal wood siding, an asphalt gable roof, a front porch, and a chimney. The house is fairly typical of Late Victorian one-story, wood frame Miner's Cottages from the late 1800s. The scallop -shingled gable end faces the street and its lower portion contains one large double -hung, principal window in a shallow bay. The bay has a hip roof supported by brackets with beaded trim, and the base of the bay, too, is supported by brackets. A cross -gable runs parallel to the street with a shed -roof porch occupying the corner. There are two entry doors with transoms and a double -hung window under the porch's shed roof. The porch has turned wood posts. The house resides in its original location, where it served as the residence of one Emma Carstens. According to the recent update of Aspen's Inventory of Historic Sites and Structures, the structure is considered representative of Aspen's mining era character because of its size, simple plan, front gable/porch relationship, and the double entry doors. Since its architecture was found to embody the distinctive characteristics (i.e., building type, period, and method of construction) of Aspen's late 1800s silver mining 9 • 0 era, the structure itself was designated as a local historic landmark in 1981 via the adoption of Ordinance No. 77, Series of 1981. The applicants request that the entire property now be included as part of the landmark designation. This action allows HPC review authority over any future proposals for exterior changes to any structure(s) located on the property ensuring compatibility with the historically significant structure. Staff finds this criterion to be met. C. Designer. The structure is a significant work of an architect or designer whose individual work has influenced the character of Aspen. Staff Finding: Staff finds that the original designer is unknown. Therefore, this standard is not met. D. Neighborhood character. The structure or site is a significant component of an historically significant neighborhood and the preservation of the structure or site is important for the maintenance of that neighborhood character. Staff Finding: The property is located in Aspen's historic West End neighborhood. More specifically, West Smuggler Street between North Fifth and Sixth Streets contains four (4) well- preserved, small miner's cottages and is consistent with surrounding blocks that embody some of the best remaining examples of the historic character associated with Aspen's silver mining era. Important to the preservation of this site includes the ability to ensure that neighboring structures are designed in a compatible and sympathetic manner in context with the historic resource. Staff finds that, by landmarking the entire site, the HPC maintains the ability to ensure design compatibility and consistency with historic resources in this historic neighborhood. In approving this landmark designation request, the HPC will gain review authority over the whole property and, therefore, the ability to ensure compatibility in design, massing and scale for the structure(s) located next door to the subject miner's cottage. Staff finds this criterion to be met. E. Community character. The structure or site is critical to the preservation of the character of the Aspen community because of its relationship in terms of size, location, and architectural similarity to other structures or sites of historical or architectural importance. Staff Finding: As it currently exists, the Miner's Cottage is representative of the modest scale, style, and character of homes constructed in the late 1800's which is Aspen's primary period of historic significance. This structure is a strong example of the original appearance and character of Aspen's miner cottages. The house is consistent with the typical size and architectural characteristics of other Aspen structures or sites of historical or architectural 10 • importance specific to this era. Its location further enhances the importance of its preservation in defining Aspen's historic character. By virtue of this proposed designation of this site, the applicants will have the ability to propose the historic landmark lot split. This allows for the ability to develop two small- scale detached homes on Lots R and S provided a conditional use is also provided by the Planning and Zoning Commission. If such a development is undertaken, the northwest corner of West Smuggler Street and North Fifth Street will be developed consistent with the historic development patterns of the original Aspen Townsite; there would be one relatively small (approximately 1,500 square feet on average), modest residence per 3,000 square feet of land, each with street frontage and alley access. Staff finds this criterion to be met. 11 Lkikjt ff) Historical LanclmarL Lot SP{it In order to conduct an Historic Landmark Lot Split, the applicant shall meet the following requirements of Aspen Land Use Code: Section 26.480.030(A)(2) and (4), Section 26.100.050(A)(2)(e), and Section 26.72.010(G). 26.480.030(A)(2) SUBDIVISION EXEMPTIONS, TAT SPLIT The split of a lot for the purpose of the development of one detached single-family dwelling on a lot formed by a lot split granted subsequent to November 14, 1977, where all of the following conditions are met: a) The land is not located in a subdivision approved by either the Pitkin County Board of County Commissioners or the City Council, or the land is described as a metes and bounds parcel which has not been subdivided after the adoption of subdivision regulations by the City of Aspen on March 24, 1969; and Staff Finding: The properly consists of Lots Q, R, and S of Block 20 in the original Aspen Townsite. The property is not located within a previously approved subdivision, and the lots predate the City's adoption of subdivision regulations. The condominium map of the property does not constitute a subdivision since only the structures are in different ownership on the property. It is still treated as one lot under Aspen's land use regulations and it was approved as "an exemption from the definition of subdivision." Staff finds this criterion to be met. b) No more than two (2) lots are created by the lot split, both lots conform to the requirements of the underlying zone district. Any lot for which development is proposed will mitigate for affordable housing pursuant to Section 26.100.040(A) (1) (c). Staff Finding: This proposal will create two lots where only one currently exists. The resulting lots will contain 6,000 square feet and 3,000 square feet and conform with the dimensional requirements of the underlying R-6 zone district. The minimum lot size in the R-6 zone district is 6,000 square feet, and 3,000 square feet for lots created through approval of an Historic Landmark Lot Split. The lot split will not result in any additional density potential (outside of any allowable density), there are no implications with regard to the GMQS provisions. Irrespective of the current lack of GMQS implications, the redevelopment will be subject to the terms 12 and provisions of Section 26.470.070(B), as may be amended from time to time if the structure on Lots R and S were demolished for replacement. Specifically, the applicants would be required to either: 1) provide one free market unit and one deed restricted, resident occupied unit with a minimum floor area of 1,500 square feet; 2) provide two free market units and one accessory dwelling unit (ADU) with a minimum floor area of 600 net livable square feet; 3) provide two free market units and two ADUs with a minimum net livable floor area of 300 square feet each; 4) provide two deed restricted, resident occupied units; or, 5) pay the applicable affordable housing impact fee. A note to this effect is included on the proposed Subdivision Exemption Plat for approval prior to recordation. Staff finds this criterion to be met. c) The lot under consideration, or any part thereof, was not previously the subject of a subdivision exemption under the provisions of this chapter or a "lot split" exemption pursuant to Section 26.100.040(C)(1)(a); and Staff Finding: Staff finds the subdivision exemptions provided for in Chapter 26.480 of the Code includes: 1) Lot Line Adjustments; 2) Lot Splits; 3) Approved Subdivisions; and 4) Historic Landmark Lot Splits. While the subject property was granted a 1976 exemption from the definition of subdivision in order to allow condominiumization, the lot was never the subject of a subdivision exemption under the provisions of this (26.480) chapter or a lot split exemption. Staff finds this criterion to be met. d) A subdivision plat which meets the terms of this chapter, and conforms to the requirements of this title, is submitted and recorded in the office of the Pitkin County clerk and recorder after approval, indicating that no further subdivision may be granted for these lots nor will additional units be built without receipt of applicable approvals pursuant to this chapter and growth management allocation pursuant to Chapter 26.100. Staff Finding: Staff shall require that a subdivision plat will be reviewed by the Planning and Engineering Departments for approval and recordation within 180 days of final land use approval. The plat will include notes explaining that further subdivision is prohibited unless otherwise allowed by virtue of future code amendment(s), and that any and all additional development must comply with the applicable provisions of the Land Use Code. It will also contain a note describing and referring to the approvals pursuant to which the plat was prepared. Staff finds this criterion to be met. e) Recordation. The subdivision exemption agreement and plat shall be recorded in the office of the Pitkin County clerk and recorder. Failure on the part of the applicant to record the plat within one hundred eighty (180) days following approval by the City Council shall render the plat invalid and 13 0 0 reconsideration of the plat by the City Council will be required for a showing of good cause. Staff Finding: Staff finds that the applicants understand the language of this criterion and will comply. It is the understanding of the co -applicants that the plat and plat notes may serve as the "subdivision exemption agreement," with no need for a separate document. However, as previously required by Staff for other historic landmark lot splits, the applicants will record a separate subdivision exemption agreement upon the City's approval. Staff finds this criterion to be met. In the case where an existing single-family dwelling occupies a site which is eligible for a lot split, the dwelling need not be demolished prior to application for a lot split. Staff Finding: This proposal does not indicate that any of the existing dwelling units will be immediately demolished. It is clear that the applicants wish to eventually demolish the non-contributing structure on Lots R and S. The Aspen Historic Preservation Officer, Amy Guthrie, has visited the site and determined that the structure on Lots R and S is of no historical significance and is not opposed to its demolition. [The structure is not designated as a landmark or listed on Aspen's Inventory of Historic Sites and Structures.] Staff finds this criterion to be met. g) Maximum potential buildout for the two (2) parcels created by a lot split shall not exceed three (3) units, which may be composed of a duplex and a single-family home. Staff Finding: The applicants request the land use approvals to allow a total buildout of three (3) units. This buildout could occur in the form of three single-family dwellings which is allowed as a conditional use. This application also requests conditional use approval from the Planning and Zoning Commission for the ability to eventually redevelop 6,000 square foot Lots R and S with two detached dwelling units; Lot Q will always contain one detached residence. Staff finds this criterion to be met. [In June of 1998, the Community Development Director made a formal code interpretation finding that the word "may," as used in this standard, is permissive and means the same thing as "can" or "might." Thus, the proposal complies with the technical requirements of this standard even if Lots R and S are redeveloped with two detached single-family structures (see 920 West Hallam Street approval).] 26.480.030(A)(4) SUBDIVISION EXEMPTIONS, HISTORIC LANDMARK LOT SPLIT The split of a lot that is a designated historic landmark for the development of one new single-family dwelling. The Historic Landmark Lot Split shall meet the requirements of 14 section 26.88.030(A)(2), section 26.100.050(A)(2)(e), section 26.72.010(G) of this Code, and the following standards: a) The original parcel shall be a minimum of 9,000 square feet in size and be located in the R-6 zone district or a mininwin of 13,000 square feet and be located in the R-15A zone district. Staff Finding: The subject parcel is 9,000 square feet and is located in the R-6 zone district. Staff finds this criterion to be met. b) The total FAR for both residences shall not exceed the floor area allowed for a duplex on the original parceb The total FAR for each lot shall be noted on the Subdivision Exemption Plat. Staff Finding: Staff finds that the FAR floor area will be divided as provided below. The original parcel in the current case is 9,000 square feet, and the R-6 zone allows 4,080 square feet of FAR floor area for a duplex on such a lot. The applicant's wish to divide the 4,080 square feet by allocating 3,240 square feet of FAR floor area to Lots R and S (combined) and 840 square feet to Lot Q provided the HPC grants a 500 square foot bonus to Lot Q, bringing its total allowable FAR floor area to 1,340 square feet. A note explaining these allocations is included on the proposed Subdivision Exemption Plat and will be included on the Plat approved for recordation. Staff finds this criterion to be met. c) The proposed development meets all dimensional requirements of the underlying zone district. HPC variances and bonuses are only permitted on the parcel that contains a historic structure. Staff Finding: Currently, the applicants are not proposing any on -site development at this time. It is clear that the applicants wish the entire property to be landmarked and subsequently split for this application to work with respect to the requirements of the R-6, Medium Density Residential zone district. The minimum lot size in the R-6 zone is 6,000 square feet for most lots, but 3,000 square feet for lots created through the approval of an Historic Landmark Lot Split. In its current configuration, the property comprises one 9,000 square foot lot. Detached residential dwellings and duplexes are listed as permitted uses in the R-6 zone district. It should be noted that the dimensional requirement of "minimum lot area per dwelling unit" requires that a detached residential dwelling maintains a minimum lot area of 6,000 square feet, while A duplex may be developed on a lot of 8, 000 square feet that was subdivided as of April 25, 1975. A duplex may also be developed on a lot of 7,500 square feet that 15 • was subdivided as of and annexed subsequent to January 1, 1989. Otherwise, the duplex must be developed with a minimum lot area of 4,500 square feet per dwelling unit, unless the property contains a historic landmark in which case a duplex or two (2) detached residential dwellings may be developed with a minimum lot area of 3, 000 square feet per unit. Currently, the lot contains a detached dwelling unit and a duplex structure used as a single residence which are nonconforming with respect to the minimum lot area per dwelling unit provisions of the R-6 zone. In effect, the existing configuration would require a 12,000 square foot lot. Approval of the requested landmark designation and lot split will eliminate this nonconformity by placing the detached residence on a 3,000 square foot lot while creating a 6,000 square foot lot for redevelopment with a duplex, or one or two detached residences. The lot containing the historic resource (Lot Q) will not be changed as a result of the proposal. The house on Lot Q is situated 1.7 feet from the westerly side lot line; a barbecue, a shed, and a fence encroach onto the adjacent lot to the west; and, a trash shed encroaches on the alley right-of-way. All of these conditions will continue for the time being, but with the creation of a new lot line between Lots Q and R, some minor setback nonconformities (i.e., an approximately 4.5' setback instead of the required 5') will be created with respect to the side yard. These have been approved by the Historic Preservation Commission pending final approval by City Council for the Historic Landmarl Lot Split. The structure on Lots R and S does not currently comply with the rear and side (east) setback requirements of the R-6 zone district. The proposed lot split will not create any additional nonconformities. It is clear that the applicants wish to demolish the non- contributing structure on Lots R and S. Any subsequent redevelopment of the property will comply with all applicable dimensional requirements of the R-6 zone district. 26.470.070(C) GMQS EXEMPTION, HISTORIC LANDMARK LOT SPLIT The construction of each new single-family dwelling on a lot created through review and approval of an Historic Landmark Lot Split shall be exempt from the scoring and competition procedures. The exemption is to be approved by the Community Development Director, but is not to be deducted from the respective annual development allotments or from the development ceilings. Staff Finding: Currently, there are no standards for reviewing exemption requests; however, if the structure on Lots R and S is demolished for replacement, the redevelopment shall comply with Section 26.470.070(B)(2), by one of the following: 1) providing one free market unit and one deed restricted, resident occupied unit with a minimum floor area of 1,500 square feet; 2) providing two free market units and one accessory dwelling unit (ADU) with a minimum floor area of 600 net livable square feet; 3) providing two free market units and two ADUs with a minimum net livable floor area of 300 square feet each; 4) 16 providing two deed restricted, resident occupied units; or, 5) paying the applicable affordable housing impact fee. The applicant is required to provide a note on the proposed Subdivision Exemption Plat for approval prior to recordation to this effect. Further, the structure on Lot Q is an historic landmark. If it is ever allowed to be demolished, its redevelopment will comply with Section 26.470.070(B)(1). 17 F Allot C Parcel Location i x N 18 • MEMORANDUM L TO: Aspen Planning and Zoning Commission Q THRU: Julie Ann Woods, Community Development Director Joyce Ohlson, Community Development Deputy Director t7 FROM: Fred Jarman, Planner (6 . ; RE: 610 West Smuggler and 505 North Fifth Streets - Historic Laiidmarj Designation and Conditional Use DATE: January 16, 2000 t Non-contributing duplex on 505 N. Fifth Street, "Units A and B ", located on Lots R and S. 11 PROJECT: CORBIN / BURROWS LANDMARK DESIGNATION AND CONDITIONAL USE REQUEST: Landmark Designation for Victorian Miner's Cottage Conditional Use for a duplex or two single-family dwellings on a 6,000 sq. ft. lot PUBLIC HEARING: Yes DATE: January 16, 2001 PROCESS: Conditional Use: Landmark Designation: Final at P&Z Recommendation to City Council RECOMMENDATION: Approval with Conditions SUMMARY OF REQUEST The applicants, Ann Burrows and Marcia Corbin, represented by Mitch Haas, are requesting a 1) Historic Landmark designation, and 2) a Conditional Use to allow two single-family dwellings on a resulting 6,000 square foot lot property located at 610 West Smuggler and 505 North Fifth Streets, Lots Q, R, and S, Block 20, City and Townsite of Aspen, Aspen, Colorado. The matrix below outlines all the proper procedures for the different requests and the appropriate decision making body for this application. Steps I Land Use Request Rearing b � 1 Landmark Designation Historic Preservation Historic Landmark Lot Split Commission 500 FAR Bonus Request 2 Landmark Designation Planning and Zoning Conditional Use for 2 single family Commission dwellings 3 Landmark Designation City Council Historic Landmark Lot Split Vacation of a 1976 "Statement of Exemption from the Definition of Subdivision" BACKGROUND The subject property, lots Q, R, and S, contains 9,000 sq. ft. and is located in Aspen's West End in the R-6 Zone District. The applicants wish to landmark and split the entire property. The fathering 9,000 sq. ft. parcel contains one historic structure and one non- contributing structure. The historic structure is a typical single -story wood frame Miner's Cottage of the Late Victorian age constructed in 1890 in its original location which has a landmark designation situated on Lot Q. The house is intact in its original context and form. All alterations have been done in the rear and are not visible from the street. The second structure located on the site is described as a single -story pan -abode style duplex currently serving as a single residence. This structure is not designated as a landmark or currently listed on the City's Inventory of Historical Sites and Structures. Since the existing historic designation only applies to the Miner's Cottage on Lot Q, known as "Unit C", the applicants wish to landmark the entire property (as is normal for a landmarking designation.) It should be noted that the pan -abode is currently a non- contributing structure and not listed on Aspen's Inventory of Historic Sites and Structures. The applicants wish to maintain the structure as non-contributing even though the entire site would be landmarked. Subsequently, the applicants wish to split the parent lot into two lots resulting in one 3,000 sq. ft. and one 6,000 sq. ft. The 3000 sq. ft. lot will contain the historic resource on Lot Q. As required by the Land Use Code, pursuant to Subdivision Exemptions for a Historic Landmark Lot Split, the applicant is required to allocate appropriate FAR for each newly created lot. The duplex FAR allowed for the fathering parcel is 4,112 square feet which is subsequently split between the two newly created lots. In addition to the lot split request, the HPC granted a 500 sq. ft. bonus for this project as having significant merit. The resulting FAR allocation requested will be as follows: Newly Created Lot Gross Square Feet Allocated FAR Lot Q 3,000 1,340 (including the Bonus) Lots R and S 6,000 3,240 This landmarking and subsequent lot split will 1) guarantee HPC review for any development on both resulting properties, 2) break up allocated FAR between two or three structures, 3) lock the total allowable FAR for the historic house at 1,340 sq. ft., and 4) ensure the remaining FAR of 3,240 sq. ft. will be on the adjacent lot to be either developed as a duplex or two smaller single family dwellings. The historic landmark lot split will create a non conforming sideyard setback for the historic resource on Lot Q. The required sideyard setback is normally a minimum of 5 feet. The newly drawn lot line separating Lots R-S from Lot Q will result in a 4.5 foot sideyard setback. The Historic Preservation Commission granted this .5 foot variance from the sideyard setback. There are several encroachments into the right-of-way extending from the proposed newly created lots. Lot Q contains a trash shed encroachment into the alley to the north. Proposed Lots R-S contains a wood fence encroachment into the West Smuggler Street right-of-way. In addition, an irrigation ditch runs northward along North Fifth Street in front of Lots R-S. The ditch is currently landscaped. The Parks Department, at the Development Review Committee meeting, indicated that the ditch should remain as unimpeded as possible and no further landscaping be allowed which impacts the ditch. As a result of the Historic Landmark Lot Split, the applicants are also requesting Conditional Use approval to allow the development of a duplex or two single-family dwellings on a newly created 6,000 square foot lot in the R-6 Zone District. The purpose of the R-6 (Medium -Density Residential) Zone District is to provide areas in the City of Aspen for long-term residential purposes with customary accessory uses. In addition, lands in the R-6 Zone District are generally limited to the original Aspen Townsite, contain relatively dense settlements of predominantly detached and duplex residences and are within walking distance of the center of the city. This proposal is in harmony with the purpose of the zone district, which is to contain relatively dense settlements of long- term residences. Staff believes this proposal is consistent with the overall goals of the Aspen Area Community Plan (AACP). Specifically, the AACP promotes density within the already developed areas of the community; the subject property will provide at least two (2) and up to three (3) dwelling units, not including potential ADUs in the future, on 9,000 square foot lot. Further, the AACP seeks to maintain Aspen's community character through compatibility with historic structures. Two detached single-family residential units on a 6,000 square foot lot (one house per 3,000 of land) is representative of the historic development patterns of the West End neighborhood and the original Aspen Townsite. It is for these reasons that Staff supports this Conditional Use request. SUMMARY: In summary, the applicants are requesting a Historic Landmark designation for the entire property. The applicants wish to maintain the non-contributing status of the pan -abode structure on Lots R and S. In addition, the applicants are requesting a Conditional Use to allow two single-family dwellings on the newly created 6,000 square foot lot. RECOMMENDATION: Staff recommends approval of the Corbin / Burrows Historic Landmark Designation, and Conditional Use for Lot Q with the following conditions: 1. At present, there is a fencing encroachment into the public right-of-way on West Smuggler Street and a trash shed encroachment into the alley for Block 20 on the north side of Lot Q. The applicant must either 1) remove the encroachments or 2) obtain a Temporary Revocable Encroachment License from the City Engineering Department allowing these encroachments to exist prior to the recording of the final plat; 2. That the applicant shall submit and record a subdivision plat which meets the terms of Chapter 26.480 and conforms to the requirements of the Land Use Code, in the office of the Pitkin County Clerk and Recorder after approval, indicating that no further subdivision may be granted for these lots nor will additional units be built without receipt of applicable approvals; 3. That the applicant agrees that this subdivision exemption lot split resulting in one 3,000 square foot lot (Lot Q) and one 6,000 square foot lot (Lots R-S) contains a maximum potential build out not to exceed three (3) principal dwelling units which may be comprised of a duplex and a single-family home pursuant to Section 26.480.030(A)(2)(g) for the three lots combined. In addition, the applicant may be able to place two single-family homes on the 6,000 square foot lot if approved as a conditional use by the Planning and Zoning Commission; 4. Any future development on the newly created lots shall be required to mitigate for their impact pursuant to Chapter 26.470 Growth Management Quota System (GMQS) as required; A subdivision plat and subdivision exemption agreement shall be reviewed and approved by the Community Development and Engineering Departments and recorded in the office of the Pitkin County Clerk and Recorder within one hundred eighty (180) days of final approval by City Council. Failure to record the plat and subdivision exemption agreement within the specified time limit shall render the plat invalid and reconsideration of the plat by City Council will be required for a showing of good cause. As a minimum, the subdivision plat shall: a. Contain a plat note stating that development of Lots "R-S" shall be required to mitigate for affordable housing pursuant to Section 26.100.050(A)(2)(c) of the Municipal Code for any future development; b. Contain a plat note stating that the lots contained therein shall be prohibited from applying for further subdivision and any development of the lots will comply with the applicable provisions of the Land Use Code in effect at the time of application; c. Contain a plat note stating that all new development on the lots will conform to the dimensional requirements of the R-6 zone district, except for variances approved by an entity having the authority to do so; d. That Lots Q, R, and S are designated as historic landmarks and must receive HPC approval for all development in accordance with Section 26.415 of the Municipal Code, as well at Section 26.410, the "Residential Design Standards;" e. Contain a plat note stating the total allowable FAR for each newly created lot. In addition, the applicant shall verify with the City Zoning Officer the total allowable FAR on each lot, taking into account any and all applicable lot area reductions. The property shall be subdivided into two parcels, Lot "Q" receiving 3,000 square feet and Lots "R-S" receiving 6,000 square feet in size. Provided it is found by the Zoning Officer that no lot area reductions are required, the maximum allowable FAR on Lot "Q" will be 1,340 s.f. (including a 500 square foot floor area bonus) and 3,240 square feet of floor area on Lots "R-S." The information specific to exact allocated FAR as indicated above for both lots as verified by the City Zoning Officer, shall be included on the plat, as a plat note; 6. At a minimum, the subdivision exemption agreement shall include the elements outlined in Section 26.480.030(A)(2) of the Aspen Municipal Code, and shall meet the recording and timing requirements described in Section 26.480.070(E); 5 • 1J 7. Any further development for the historic structure or on the lots created by this lot split shall be subject to further review as required by Section 26.415 of the Aspen Land Use Code; 8. That the applicants preserve the "monument" on the south east corner of Lot S as required by the City of Aspen Engineering Department; 9. That the applicants shall ensure that each structure on the newly created lots maintain their separate and individual meter boxes; and 10. That the applicant agrees that they shall be required to place street trees as a result of any future development to reflect the traditional cottonwood street tree pattern currently lining West Smuggler and North Fifth Street as required by the City of Aspen Parks Department. RECOMMENDED MOTION "I move to approve the Conditional Use request and recommend City Council approve the Historic Landmark Designation for a property located at 610 West Smuggler and 505 North Fifth Streets, Lots Q, R, and S, Block 20, City and Townsite of Aspen, Aspen, Colorado, with conditions set forth in the Resolution" REVIEW CRITERIA AND STAFF FINDINGS EXHIBIT A - HISTORIC LANDMARK DESIGNATION EXHIBIT B — CONDITIONAL USE EXHIBIT C - PARCEL LOCATION EXHIBIT D - APPLICATION EXHIBIT E - RESOLUTION No. 4-1 SERIES OF 2001 6 EXHIBIT A HISTORIC LANDMARK DESIGNATION STANDARDS Any structure or site that meets two (2) or more of the following standards may be designated as "H," Historic Overlay District, and/or historic landmark. It is not the intention of the Historic Preservation Commission to landmark insignificant structures or sites. HPC will focus on those, which are unique or have some special value to the community. A. Historical importance. The structure or site is a principal or secondary structure or site commonly identified or associated with a person or an event of historical significance to the cultural, social, or political history of Aspen, the State of Colorado, or the United States. Staff Finding: Staff and the applicant are unaware of any historical significance in connection with this site with respect to the cultural, social, or political history of Aspen, the State of Colorado, or the United States. Staff finds this criterion is not met. B. Architectural importance. Based on the building form, use, or specimen, the structure or site reflects an architectural style that is unique, distinct, or of traditional Aspen character, or the structure or site embodies the distinguishing characteristics of a significant or unique architectural type. Staff Finding: Staff finds that the structure located on Lot Q is a typical example of an Aspen miner's cottage, which reflects an architectural character that is of distinct, traditional Aspen character. The one-story wood frame house is of more or less rectangular shape, with horizontal wood siding, an asphalt gable roof, a front porch, and a chimney. The house is fairly typical of Late Victorian one-story, wood frame Miner's Cottages from the late 1800s. The scallop -shingled gable end faces the street and its lower portion contains one large double -hung, principal window in a shallow bay. The bay has a hip roof supported by brackets with beaded trim, and the base of the bay, too, is supported by brackets. A cross -gable runs parallel to the street with a shed -roof porch occupying the corner. There are two entry doors with transoms and a double -hung window under the porch's shed roof. The porch has turned wood posts. The house resides in its original location, where it served as the residence of one Emma Carstens. According to the recent update of Aspen's Inventory of Historic Sites and Structures, the structure is considered representative of Aspen's mining era character because of its size, simple plan, front gable/porch relationship, and the double entry doors. Since its architecture was found to embody the distinctive characteristics (i.e., building type, period, and method of construction) of Aspen's late 1800s silver mining era, the structure itself was designated as a local historic landmark in 1981 via the adoption of Ordinance No. 77, Series of 1981. 7 The applicants request that the entire property now be included as part of the landmark designation. This action allows HPC review authority over any future proposals for exterior changes to any structure(s) located on the property ensuring compatibility with the historically significant structure. Staff finds this criterion to be met. C. Designer. The structure is a significant work of an architect or designer whose individual work has influenced the character of Aspen. Staff Finding: Staff finds that the original designer is unknown. Therefore, this standard is not met. D. Neighborhood character. The structure or site is a significant component of an historically significant neighborhood and the preservation of the structure or site is important for the maintenance of that neighborhood character. Staff Finding: The property is located in Aspen's historic West End neighborhood. More specifically, West Smuggler Street between North Fifth and Sixth Streets contains four (4) well- preserved, small miner's cottages and is consistent with surrounding blocks that embody some of the best remaining examples of the historic character associated with Aspen's silver mining era. Important to the preservation of this site includes the ability to ensure that neighboring structures are designed in a compatible and sympathetic manner in context with the historic resource. Staff finds that, by landm rking the entire site, the HPC maintains the ability to ensure design compatibility and consistency with historic resources in this historic neighborhood. In approving this landmark designation request, the HPC will gain review authority over the whole property and, therefore, the ability to ensure compatibility in design, massing and scale for the structure(s) located next door to the subject miner's cottage. Staff finds this criterion to be met. E. Community character. The structure or site is critical to the preservation of the character of the Aspen community because of its relationship in terms of size, location, and architectural similarity to other structures or sites of historical or architectural importance. Staff Finding: As it currently exists, the Miner's Cottage is representative of the modest scale, style, and character of homes constructed in the late 1800's which is Aspen's primary period of historic significance. This structure is a strong example of the original appearance and character of Aspen's miner cottages. The house is consistent with the typical size and architectural characteristics of other Aspen structures or sites of historical or architectural importance specific to this era. Its location further enhances the importance of its preservation in defining Aspen's historic character. 8 • By virtue of this proposed designation of this site, the applicants will have the ability to propose the historic landmark lot split. This allows for the ability to develop two small- scale detached homes on Lots R and S provided a conditional use is also provided by the Planning and Zoning Commission. If such a development is undertaken, the northwest corner of West Smuggler Street and North Fifth Street will be developed consistent with the historic development patterns of the original Aspen Townsite; there would be one relatively small (approximately 1,500 square feet on average), modest residence per 3,000 square feet of land, each with street frontage and alley access. Staff finds this criterion to be met. 9 EXHIBIT B CONDITIONAL USE Conditional Uses are those land uses which are generally compatible with the other permitted uses in a zone district, but which require individual review of their location, design, configuration, intensity, and density in order to ensure the appropriateness of the land use in the zone district. The Planning and Zoning Commission shall by resolution approve, approve with conditions, or disapprove a development application for a conditional use, after recommendation by the Community Development Director. In this case, two (2) detached residential dwellings or a duplex on a lot with a minimum area of 6,000 square feet is listed as a Conditional Use for properties which contain an historic landmark in the R-6 zone district. The Planning and Zoning Commission shall consider whether the following standards are met, as applicable: A. The conditional use is consistent with the purposes, goals, objectives and standards of the Aspen Area Community Plan, and with the intent of the zone district in which it is proposed to be located; and Staff Finding: The purpose of the R-6 (Medium -Density Residential) zone district is to provide areas in the City of Aspen for long-term residential purposes with customary accessory uses. In addition, lands in the R-6 zone district are generally limited to the original Aspen Townsite, contain relatively dense settlements of predominantly detached and duplex residences and are within walking distance of the center of the city. This proposal is in harmony with the purpose of the zone district, which is to contain relatively dense settlements of long-term residences. This proposal is consistent with the goals of the Aspen Area Community Plan (AACP). Specifically, the AACP promotes density within the already developed areas of the community; the subject property will provide at least two (2) and up to three (3) dwelling units, not including potential ADUs in the future, on a 9,000 square foot lot. The AACP seeks to maintain Aspen's character through compatibility with historic structures. Two detached single-family residential units on a 6,000 square foot lot (one house per 3,000 of land) is representative of the historic development patterns of the West End neighborhood and the original Aspen Townsite. The intent of Historic Preservation is to preserve Aspen's "irreplaceable historic resources." The landmark designation request will ensure not only the preservation of an irreplaceable resource, but also compatibility in design, size, scale, and massing with the neighboring structure(s) upon its redevelopment. In general, this proposal is consistent with the historic development patterns of the West End neighborhood while ensuring the preservation of a landmark structure as well as being consistent with the purpose of the R-6 Zone District. Staff finds this criterion to be met. 10 B. The conditional use is consistent and compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or enhances the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development; and Staff Finding: Staff finds that the proposed conditional use is consistent and compatible with the existing residential development in the immediate vicinity. The proposed conditional use would be highly compatible with the historic nature of the surrounding area. The density of one (1) dwelling per 3,000 square feet of lot area is consistent with that of the subject block and neighborhood. Staff finds this criterion to be met. C. The location, size, design and operating characteristics of the proposed conditional use minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding properties; and Staff Finding: The proposal will help preserve an historic resource while ensuring that redevelopment of the property would occur in an attractive and appropriately scaled manner under the review authority of the Historic Preservation Commission. The property is situated in the historic and well established West End neighborhood, and will be an asset to its character. In terms of operating characteristics, the proposal involves land situated along an alley. Vehicular access, parking, utility pedestals, and trash areas currently exist along the alley. This request will continue to maintain these uses located along the alley. The property has historically contained three units, and the affects of the operating characteristics mentioned in this standard will not be increased at all over that which has traditionally been associated with the site. Staff finds this criterion to be met. D. There are adequate public facilities and services to serve the conditional use including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools; and Staff Finding: Staff finds that no significant change in demand for public facilities is expected. E. The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use; and Staff Finding: In the event that the duplex structure on Lots R and S is demolished for replacement, the redevelopment will comply with Section 26.470.070(B)(2), as may be amended from time to time, by either: a) providing one free market unit and one deed restricted, resident occupied unit with a minimum floor area of 1,500 square feet; b) providing two free market units and one accessory dwelling unit (ADU) with a minimum floor area of 600 net livable square feet; c) providing two free market units and two ADUs with a minimum net livable floor area of 300 square feet each; d) providing two deed restricted, resident occupied units; or, e) paying the then applicable affordable housing impact fee. The applicant shall agree to include a note to this effect on the proposed Subdivision Exemption Plat and Agreement for approval prior to recordation. Staff finds this criterion to be met. Staff finds this criterion to be met. 12 EXHIBIT C PARCEL LOCATION 13 • 0 EXHIBIT E RESOLUTION NO., SERIES OF 2001 RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING A CONDITIONAL USE ALLOWING A DUPLEX OR TWO SINGLE-FAMILY DWELLINGS ON A 6,000 SQUARE FOOT LOT CONTAINING A HISTORIC LANDMARK AND RECOMMENDING CITY COUNCIL APPROVE A HISTORIC LANDMARK DESIGNATION FOR THE PROPERTY LOCATED AT 610 WEST SMUGGLER AND 505 NORTH FIFTH STREETS, LOTS Q, R, AND S, BLOCK 20, CITY AND TOWNSITE OF ASPEN, ASPEN, COLORADO Parcel ID: 2735-124-05-010 WHEREAS, the applicants, Ann Burrows and Marcia Corbin, represented by Mitch Haas, requested a 1) Historic Landmark Designation and a 2) Conditional Use for a property located at 610 West Smuggler and 505 North Fifth Streets, Lots Q, R, and S, Block 20, City and Townsite of Aspen, Aspen, Colorado. The property located on Lot Q is currently designated as a Historic Landmark in the City of Aspen; and WHEREAS, all applications for a Historic Landmark Designation and Conditional Use meet the Development Review Standards of Section 26.420 and 26.425 of the Aspen Land Use Code in order for the Planning and Zoning Commission to grant approval; WHEREAS, in a staff report dated January 16, 2001, the Community Development Department determined the application for a Historic Landmark designation and Conditional Use met the applicable review standards indicated above, and recommended approval with conditions; and WHEREAS, at a public hearing, which was legally noticed and held at a regular meeting of the Planning and Zoning Commission on January 16, 2001, at which time the Commission considered and found the application to meet the review standards, and recommended approval to the City Council for the Historic Landmark designation, and approved the request for a Conditional Use with conditions by a vote of to to _). NOW, THEREFORE, BE IT RESOLVED: That the Planning and Zoning Commission recommends the City Council approve the Historic Landmark designation, and approves a Conditional Use for a property located at 610 West Smuggler and 505 North Fifth Streets, Lots Q, R, and S, Block 20, City and Townsite of Aspen, Aspen, Colorado with the following conditions: 14 • 0 At present, there is a fencing encroachment into the public right-of-way on West Smuggler Street and a trash shed encroachment into the alley for Block 20 on the north side of Lot Q. The applicant must either 1) remove the encroachments or 2) obtain a Temporary Revocable Encroachment License from the City Engineering Department allowing these encroachments to exist prior to the recording of the final plat; 2. That the applicant shall submit and record a subdivision plat which meets the terms of Chapter 26.480 and conforms to the requirements of the Land Use Code, in the office of the Pitkin County Clerk and Recorder after approval, indicating that no further subdivision may be granted for these lots nor will additional units be built without receipt of applicable approvals; 3. That the applicant agrees that this subdivision exemption lot split resulting in one 3,000 square foot lot (Lot Q) and one 6,000 square foot lot (Lots R-S) contains a maximum potential build out not to exceed three (3) principal dwelling units which may be comprised of a duplex and a single-family home pursuant to Section 26.480.030(A)(2)(g) for the three lots combined. In addition, the applicant may be able to place two single-family homes on the 6,000 square foot lot if approved as a conditional use by the Planning and Zoning Commission; 4. Any future development on the newly created lots shall be required to mitigate for their impact pursuant to Chapter 26.470 Growth Management Quota System (GMQS) as required; A subdivision plat and subdivision exemption agreement shall be reviewed and approved by the Community Development and Engineering Departments and recorded in the office of the Pitkin County Clerk and Recorder within one hundred eighty (180) days of final approval by City Council. Failure to record the plat and subdivision exemption agreement within the specified time limit shall render the plat invalid and reconsideration of the plat by City Council will be required for a showing of good cause. As a minimum, the subdivision plat shall: i. Contain a plat note stating that development of Lots "R-S" shall be required to mitigate for affordable housing pursuant to Section 26.100.050(A)(2)(c) of the Municipal Code for any future development; ii. Contain a plat note stating that the lots contained therein shall be prohibited from applying for further subdivision and any development of the lots will comply with the applicable provisions of the Land Use Code in effect at the time of application; iii. Contain a plat note stating that all new development on the lots will conform to the dimensional requirements of the R-6 zone 15 • 0 district, except for variances approved by an entity having the authority to do so; iv. That Lots Q, R, and S are designated as historic landmarks and must receive HPC approval for all development in accordance with Section 26.415 of the Municipal Code, as well at Section 26.410, the "Residential Design Standards;" v. Contain a plat note stating the total allowable FAR for each newly created lot. In addition, the applicant shall verify with the City Zoning Officer the total allowable FAR on each lot, taking into account any and all applicable lot area reductions. The property shall be subdivided into two parcels, Lot "Q" receiving 3,000 square feet and Lots "R-S" receiving 6,000 square feet in size. Provided it is found by the Zoning Officer that no lot area reductions are required, the maximum allowable FAR on Lot "Q" will be 1,340 s.f. (including a 500 square foot floor area bonus) and 3,240 square feet of floor area on Lots "R-S." The information specific to exact allocated FAR as indicated above for both lots as verified by the City Zoning Officer, shall be included on the plat, as a plat note; 6. At a minimum, the subdivision exemption agreement shall include the elements outlined in Section 26.480.030(A)(2) of the Aspen Municipal Code, and shall meet the recording and timing requirements described in Section 26.480.070(E); 7. Any further development for the historic structure or on the lots created by this lot split shall be subject to further review as required by Section 26.415 of the Aspen Land Use Code; 8. That the applicants preserve the "monument" on the south east corner of Lot S as required by the City of Aspen Engineering Department; 9. That the applicants shall ensure that each structure on the newly created lots maintain their separate and individual meter boxes; and 10. That the applicant agrees that they shall be required to place street trees as a result of any future development to reflect the traditional cottonwood street tree pattern currently lining West Smuggler and North Fifth Street as required by the City of Aspen Parks Department. 16 0 • APPROVED BY THE COMMISSION at its regular meeting on the 161h day of January, 2001. Approved as to Form: David Hoefer, Assistant City Attorney PLANNING AND ZONING COMMISSION Robert Blake, Chair ATTEST: Kathy Strickland, Deputy City Clerk CAMy Documents\Current Cases\Lot Slpit\Corbin_Bun•ows\Corbin_Bunows_PandZ_Memo.doc 17 Community Dovolonm9nt Deoaament 1 °0 S. G -'Tnm Street R+E ASpen,CC:a:,o 81611 FEB 1 'To SDADEP i. `1001 ASPEN I PI KIN COMMUNITY [DEVELOPMENT OXLEY DEBBY M 50% 1300 WILLIAMS TOWER I TULSA, OK 74103 RECEIVED FEB 2 1 Z001 ��SP'D� , ?I I KIN COMMUNITY DEVELOPMENT OXLE001* 741032034 1899 17 02/13/01 FORWARD TIME EXP R'TN TO SEND :OXLEY PETROLEUM CO 1437 5 BOULDER AVE "1450 TULSA OK 74119-0002 RETURN TO SENDER �i _• i i:•' :.'��..a'._ ��„1�.„Il.�j,,,,,��i„��,ul�i,�,ri�,,,,,����,����j:,,�,,l,l PUBLIC NOTICE RE: 610 W. SMUGGLER LANDMARK DESIGNATION, LOT SPLIT, & A PLAT VACATION NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, February 26, 2001 at a meeting to begin at 5:00 p.m. before the Aspen City Council, Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Marcia Corbin and Anne Burrows, requesting approval for landmark designation, lot split, and a plat vacation for the property located at 505 N. Fifth and 610 W. Smuggler. The property is described as Units A, B, and C, Smuggler Condos, City and Townsite of Aspen. For further information, contact Fred Jarman at the Aspen/Pitkin County Community Development Department, 130 S. Galena St., Aspen, CO (970) 920-5102, fredj@ci.aspen.co.us. s/Rachel E. Richards, Mayor Aspen City Council Published in the Aspen Times on February 10, 2001 City of Aspen Account • MEMORANDUM TO: Aspen Historic Preservation Commission THRU: Joyce Ohlson, Community Development Deputy Director_,� FROM: Fred Jarman, Planner RE: 610 West Smuggler and 505 North Fifth Streets - Historic Landmark Designation, Historic Landmark Lot Split, 500 sq. ft. FAR bonus request, .5 foot side yard setback variance for the east property line of Lot Q. Public Hearing (Continued from December 20, 2000) DATE: January 10, 2001 Historic residence on 610 West Smuggler, "Unit C", located on Lot Q. APPLICANT: Ann Burrows and Marcia Corbin PARCELID: 2735-124-05-010 Non-contributing duplex on 505 N. Fifth Street, "Units A and B ", located on Lots R and S. ADDRESS: 610 West Smuggler and 505 North Fifth Streets, Lots Q, R. and S, Block 20. City and Townsite of Aspen, Aspen, Colorado ZONING: R-6 (Medium Density Residential) CURRENT LAND USE: 9,000 sq. ft. lot containing an existing single -story residence and a single - story duplex PROPOSED LAND USE: Historic Landmark Designation, Historic Landmark Lot Split. 500 sq. ft. FAR bonus request, .5 foot side yard setback variance for the east property of Lot Q. + �,L r se, 01 S to I SUMMARY OF REQUEST The applicants, Ann Burrows and Marcia Corbin, represented by Mitch Haas, are requesting a 1) Historic Landmark Designation, 2) Historic Landmark Lot Split, 3) 500 sq. ft. bonus, 4) .5 side yard setback variance for the east property line of Lot Q, and 4) allocation of FAR to each new lot for a property located at 610 West Smuggler and 505 North Fifth Streets, Lots Q. R, and S, Block 20, City and Townsite of Aspen, Aspen, Colorado. (It should be noted that the entire request includes two other elements that will occur under the purview of the Planning and Zoning Commission and City Council. These elements include 11) a conditional use request to allow two single-family dwellings on the resulting 6, 000 sq. ft. lot and 2) the vacation of a 1976 "Statement of Exemption from the Definition of Subdivision. " These separate elements will be decided by the planning and Zoning Commission and Ciry Council respectively. The matrix below outlines all the proper procedures for the different elements for this application.] Steps Land Use Request Hearing Body 1 Landmark Designation Historic Preservation Historic Landmark Lot Split Commission 500 FAR Bontts Request 2 Landmark Designation Planning and Zoning Conditional Use for 2 single family Commission dwellings 3 Landmark Designation City Council Historic Landmark Lot Split Vacation of a 1976 "Statement of Exemption from the Definition of Subdivision " BACKGROUND The subject property, lots Q. R, and S, contains 9,000 sq. ft. and is located in Aspen's West End in the R-6 Zone District. The applicants wish to landmark and split the entire property, request the 500 sq. ft. FAR bonus, and attain a .5 foot east side yard variance for Lot Q to accommodate the existing historic structure. The fathering 9,000 sq. ft. parcel contains one historic structure and one non-contributing structure. The historic structure is a typical single -story wood frame Miner's Cottage of the Late Victorian age constructed in 1890 in its original location which has a landmark designation situated on Lot Q. The house is intact in its original context and form. All alterations have been done in the rear and are not visible from the street. Additionally, the residence is consistent with applicable National Register Criteria which states: Embodies the distinctive characteristics of a type, period, or method of construction, or represents the work of a master, or that possess high artistic values, or represents a significant and distinguishable entity whose components may lack individual distinction. The second structure located on the site (Lots R and S) is described as a single -story pan - abode style duplex currently serving as a single residence. This structure is not designated as a landmark or currently listed on the City's Inventory of Historical Sites and Structures. Both structures (all three units) have been condominiumized; the non- contributing structure comprises Units A and B and the Miner's Cottage comprises Unit C. As stated earlier, the applicants wish to dissolve this arrangement through the vacation of a 1976 "Statement of Exemption from the Definition of Subdivision" to be decided by City Council at a later date. Essentially, an Exemption from the Definition of Subdivision was the method used to condominimize separate ownership on a lot or parcel prior to the adoption of the current "Lot Split" process; the intent of the language was similar to Lot Split language used today except today, given the right perameters, an applicant can receive separate lots in fee simple rather than two separately owned units on one lot. Since the historic designation currently only applies to the Miner's Cottage on Lot Q, known as "Unit C," the applicants wish to landmark the entire property while maintaining the second pan -abode structure as non-contributing. Following this designation on the entire lot, the applicants wish to split the parent lot into two lots resulting in one 3,000 sq. ft. lot and one 6,000 sq. ft. lot. The 3,000 sq. ft. lot will contain the historic structure (Lot Q) and is eligible for the 500 sq. ft. FAR bonus. [As stated by the applicant, the primary purpose of the application is to create two fee simple lots with clearly defined floor area limits for each lot. In order to accomplish this, the Condominium map and declarations must be eliminated and replaced with a plat showing the two properties as separate fee simple lots. It is clear, Ms. Corbin intends to sell Lot Q to Richard Wax and Associates, LLC,; however, the contract is contingent upon approval of an historic landmark lot split, designating FAR, and recordation of a plat to this effect. Ms. Corbin's adjacent neighbor, Ms. Burrows, is interested in clearly defining her future rights for her own knowledge and understanding, as well as for her new neighbor -to -be 's knowledge and understanding.] As required by the Land Use Code, pursuant to Section 26.480.030(A)(4) Subdivision Exemptions for a Historic Landmark Lot Split, the applicant is required to allocate appropriate FAR for each newly created lot. The duplex FAR allowed for the fathering parcel is 4,080 square feet which is subsequently split between the two newly created lots. This process also requires the applicants requesting a lot split to appropriate specific FAR to each newly created lot. In addition to the lot split request, the applicants are also requesting the 500 sq. ft. bonus for this project as having significant merit. The resulting FAR allocation requested will be as follows: Newly Created I Gross Square Feet Allocated FAR Lot Lot Q 3,000 1,340 (including the Bonus) Lots R and S 6,000 3,240 The applicant, in discussions with Amy Guthrie, has requested the FAR Bonus demonstrating that an historic landmark lot split constitutes an "outstanding preservation effort." In order to show how this lot split would indicate a project as having significant merit, Amy requested the applicant to respond to the "minor development" review criteria. More specifically, the applicant has shown that a landmark lot split would guarantee 1) HPC review for any development on both resulting properties, 2) FAR would be broken up between two or three structures, 3) locking the total allowable FAR for the historic house at 1,340 sq. ft., and 4) ensuring the remaining FAR of 3,240 sq. ft. will be on the adjacent lot to be either developed as a duplex or two smaller single family dwellings. It is in these terms that this project has significant merit. The historic landmark lot split will create a non -conforming east side yard setback for the historic resource on Lot Q. The required sideyard setback is normally a minimum of 5 feet. The newly drawn lot line separating Lots R-S from Lot Q will result in a 4.5 foot sideyard setback. (The normally required setback in the R-6 zone district is 5 feet.) Therefore, the Historic Preservation Commission has the authority to grant this slight reduction in the minimum setback requirement of 0.5 foot variance from the sideyard setback. Further, there are several encroachments into the right-of-way extending from the proposed newly created lots. Lot Q contains a fence, bar-b-que, shed, and trash shed encroachments onto the adjacent lot to the east and into the alley to the north. Proposed Lots R-S contains a wood fence encroachment into the West Smuggler Street right-of- way. In addition, an irrigation ditch runs northward along North Fifth Street in front of Lots R-S. The ditch is currently landscaped. The Parks Department indicated that the ditch should remain as unimpeded as possible and no further impact to the landscaping be allowed. In summary, the applicants are requesting 1) to landmark the entire property with the exception of the non-contributing pan -abode structure on Lots R-S, 2) a subdivision exemption historic landmark lot split, 3) a 500 sq. ft. FAR bonus, 4) .5 foot east side yard setback variance for Lot Q, and 5) allocating appropriate FAR to each newly created lot. The request for a "conditional use" to allow two single-family dwellings on the newly created 6,000 sq. ft. lot shall be decided by the Planning and Zoning Commission; the request to vacate the existing plat shall be decided by City Council. The Historic Preservation Commission has the following decision making authority: 1. Recommendation to City Council for Landmarking Designation; and 2. Recommendation to City Council for Historic Landmark Lot Split; and 3. Final decision on whether or not to grant a 500 sq. ft. FAR bonus for a project as having significant merit and grant a .5 foot sideyard variance for Lot Q. 4 • RECOMMENDATION: Staff recommends approval of the Corbin / Burrows Historic Landmark Designation, Subdivision Exemption Lot Split, 500 FAR sq. ft. bonus, and .5 foot sideyard variance for Lot Q with the following conditions: At present, there is a fencing encroachment into the public right-of-way on West Smuggler Street and a trash shed encroachment into the Alley for Block 20 on the north side of Lot Q. The applicant must either 1) remove the encroachments or 2) obtain a Temporary Revocable Encroachment License from the City Engineering Department allowing these encroachments to exist prior to the recording of the final plat; 2. That the applicant shall submit and record a subdivision plat which meets the terms of Chapter 26.480, and conforms to the requirements of the Land Use Code, in the office of the Pitkin County Clerk and Recorder after approval, indicating that no further subdivision may be granted for these lots nor will additional units be built without receipt of applicable approvals; 3. That the applicant agrees that this subdivision exemption lot split resulting in one 3,000 square foot lot (Lot Q) and one 6,000 square foot lot (Lots R-S) contains a maximum potential build out not to exceed three (3) principal dwelling units which may be comprised of a duplex and a single-family home pursuant to Section 26.480.030(A)(2)(g) for the three lots combined. In addition, the applicant may be able to place two single-family homes on the 6,000 sq. ft. Lot if approved as a conditional use by the Planning and Zoning Commission; 4. Any future development on the newly created lots shall be required to mitigate for their impact pursuant to Chapter 26.470 Growth Management Quota System (GMQS) as required; 5. A subdivision plat and subdivision exemption agreement shall be reviewed and approved by the Community Development and Engineering Departments and recorded in the office of the Pitkin County clerk and recorder within one hundred eighty (180) days of final approval by City Council. Failure to record the plat and subdivision exemption agreement within the specified time limit shall render the plat invalid and reconsideration of the plat by City Council will be required for a showing of good cause. As a minimum, the subdivision plat shall: a. Meet the requirements of Section 26.88.040(D)(2)(a) of the Aspen Municipal Code; b. Contain a plat note stating that development of Lots "R-S" shall be required to mitigate for affordable housing pursuant to Section 26.100.050(A)(2)(c) of the Municipal Code for any future development; • s c. Contain a plat note stating that the lots contained therein shall be prohibited from applying for further subdivision and any development of the lots will comply with the applicable provisions of the Land Use Code in effect at the time of application; d. Contain a plat note stating that all new development on the lots will conform to the dimensional requirements of the R-6 zone district, except for variances approved by an entity having the authority to do so; e. That Lots Q, R, and S are designated as historic landmarks and must receive HPC approval for all development in accordance with Section 26.415 of the Municipal Code, as well at Section 26.410. the "Residential Design Standards;" 6. The applicant shall verify with the City Zoning Officer the total allowable FAR on each lot, taking into account any and all applicable lot area reductions. The property shall be subdivided into two parcels, Lot "Q" receiving 3,000 square feet and Lots "R-S" receiving 6,000 square feet in size. Provided it is found by the Zoning Officer that no lot area reductions are required, the maximum allowable FAR on Lot "Q" will be 1,340 s.f. (including a 500 square foot floor area bonus) and 3,240 square feet of floor area on Lots "R-S." The information specific to exact allocated FAR as indicated above for both lots as verified by the City Zoning Officer, shall be included on the plat, as a plat note; 7. As a minimum, the subdivision exemption agreement shall include the elements outlined in Section 26.480.030(A)(2) of the Aspen Municipal Code, and shall meet the recording and timing requirements described in Section 26.480.070(E); 8. Any further development for the historic structure or on the lots created by this lot split shall be subject to further review as required by Section 26.415 of the Aspen Land Use Code; 9. That the HPC herein and pursuant to this Resolution, grants the applicant approval to allocate the FAR to be split between the two newly created lots (including the 500 sq. ft. bonus) to be 4,580 sq. ft. in total. The applicant shall appropriate this FAR in the following manner: Lot "Q" as having 1,340 sq. ft. and Lots "R-S" as having 3,240 sq. ft. prior to consideration of potentially applicable lot area reductions (i.e., slopes, access easements, etc.). Further, these lot sizes and floor areas shall be indicated on the final plat that is recorded in the Pitkin County Clerk and Recorder's Office; r 10. That the HPC herein and pursuant to this Resolution, grants the applicant approval for a 4.5 foot side yard setback resulting from an allowed 0.5 foot decrease in the normally 5 foot setback requirement in the R-6 zone district to be allocated to the east property line of Lot "Q" containing the historical structure; 11. That the applicants preserve the "monument" on the south east corner of Lot S as required by the City of Aspen Engineering Department; 12. That the applicants shall ensure that each structure on the newly created lots maintain their separate and individual meter boxes; 13. That the applicant agrees that they shall be required to place street trees as a result of any future development to reflect the traditional cottonwood street tree pattern currently lining West Smuggler and North Fifth Street as required by the City of Aspen Parks Department; and 14. That the HPC grants an approval to demolish the existing pan -abode located on Lots R and S. RECOMMENDED MOTION "I move to recommend Historic Preservation Commission approve the Historic Landmark Designation, Historic Landmark Lot Split, 500 square foot FAR bonus, .5 foot east side yard setback variance for Lot Q, and allocation of FAR to the newly created lots for a property located at 610 West Smuggler and 505 North Fifth Streets, Lots Q, R, and S, Block 20, City and Townsite of Aspen, Aspen, Colorado, with conditions set forth in the Resolution" REVIEW CRITERIA AND STAFF FINDINGS EXHIBIT A - HISTORIC LANDMARK DESIGNATION EXHIBIT B — HISTORIC LANDMARK LOT SPLIT EXHIBIT C - MINOR DEVELOPMENT REVIEW STANDARDS / REQUEST FOR -500 SQ. FT. BONUS EXHIBIT D - APPLICATION EXHIBIT E - RESOLUTION NO. _, SERIES OF 2001 EXHIBIT A 26.420.010 HISTORIC LANDMARK DESIGNATION STANDARDS Any structure or site that meets two (2) or more of the following standards may be designated as "H," Historic Overlay District, and/or historic landmark. It is not the intention of the Historic Preservation Commission to landmark insignificant structures or sites. HPC will focus on those, which are unique or have some special value to the community. A. Historical importance. The structure or site is a principal or secondary structure or site commonly identified or associated with a person or an event of historical significance to the cultural, social, or political history of Aspen, the State of Colorado, or the United States. Staff Finding: Staff and the applicant are unaware of any historical significance in connection with this site with respect to the cultural, social, or political history of Aspen, the State of Colorado, or the United States. Staff finds this criterion is not met. B. Architectural importance. Based on the building form, use, or specimen, the structure or site reflects an architectural style that is unique, distinct, or of traditional Aspen character, or the structure or site embodies the distingerishing characteristics of a significant or unique architectural type. Staff Finding: Staff finds that the structure located on Lot Q is a typical example of an Aspen miner's cottage, which reflects an architectural character that is of distinct, traditional Aspen character. The one-story wood frame house is of more or less rectangular shape, with horizontal wood siding, an asphalt gable roof, a front porch, and a chimney. The house is fairly typical of Late Victorian one-story, wood frame Miner's Cottages from the late 1800s. The scallop -shingled gable end faces the street and its lower portion contains one large double -hung, principal window in a shallow bay. The bay has a hip roof supported by brackets with beaded trim, and the base of the bay, too, is supported by brackets. A cross -gable runs parallel to the street with a shed -roof porch occupying the corner. There are two entry doors with transoms and a double -hung window under the porch's shed roof. The porch has turned wood posts. The house resides in its original location, where it served as the residence of one Emma Carstens. According to the recent update of Aspen's Inventory of Historic Sites and Structures, the structure is considered representative of Aspen's mining era character because of its size, simple plan, front gable/porch relationship, and the double entry doors. Since its architecture was found to embody the distinctive characteristics (i.e., building type, period, and method of construction) of Aspen's late 1800s silver mining era, the structure itself was designated as a local historic landmark in 1981 via the adoption of Ordinance No. 77. Series of 1981. 8 The applicants request that the entire property now be included as part of the landmark designation. This action allows HPC review authority over any future proposals for exterior changes to any structure(s) located on the property ensuring compatibility with the historically significant structure. Staff finds this criterion to be met. C. Designer. The structure is a significant work of an architect or designer whose individual work has influenced the character of Aspen. Staff Finding: Staff finds that the original designer is unknown. Therefore, this standard is not met. D. Neighborhood character. The structure or site is a significant component of an historically significant neighborhood and the preservation of the structure or site is important for the maintenance of that neighborhood character. Staff Finding: The property is located in Aspen's historic West End neighborhood. More specifically, West Smuggler Street between North Fifth and Sixth Streets contains four (4) well- preserved, small miner's cottages and is consistent with surrounding blocks that embody some of the best remaining examples of the historic character associated with Aspen's silver mining era. Important to the preservation of this site includes the ability to ensure that neighboring structures are designed in a compatible and sympathetic manner in context with the historic resource. Staff finds that, by landmarking the entire site, the HPC maintains the ability to ensure design compatibility and consistency with historic resources in this historic neighborhood. In approving this landmark designation request, the HPC will gain review authority over the whole property and, therefore, the ability to ensure compatibility in design, massing and scale for the structure(s) located next door to the subject miner's cottage. Staff finds this criterion to be met. E. Community character. The structure or site is critical to the preservation of the character of the Aspen community because of its relationship in terms of size, location, and architectural similarity to other structures or sites of historical or architectural importance. Staff Finding: As it currently exists, the Miner's Cottage is representative of the modest scale, style, and character of homes constructed in the late 1800's which is Aspen's primary period of historic significance. This structure is a strong example of the original appearance and character of Aspen's miner cottages. The house is consistent with the typical size and architectural characteristics of other Aspen structures or sites of historical or architectural importance specific to this era. Its location further enhances the importance of its preservation in defining Aspen's historic character. 9 • • By virtue of this proposed designation of this site, the applicants will have the ability to propose the historic landmark lot split. This allows for the ability to develop two small- scale detached homes on Lots R and S provided a conditional use is also provided by the Planning and Zoning Commission. If such a development is undertaken, the northwest corner of West Smuggler Street and North Fifth Street will be developed consistent with the historic development patterns of the original Aspen Townsite; there would be one relatively small (approximately 1,500 square feet on average), modest residence per 3,000 square feet of land, each with street frontage and alley access. Staff finds this criterion to be met. Hi EXHIBIT B HISTORICAL LANDMARK LOT SPLIT In order to conduct an Historic Landmark Lot Split, the applicant shall meet the following requirements of Aspen Land Use Code: Section 26.480.030(A)(2) and (4), Section 26.100.050(A)(2)(e), and Section 26.72.010(G). 26.480.030(A)(2) SUBDIVISION EXEMPTIONS, LOT SPLIT The split of a lot for the purpose of the development of one detached single-family dwelling on a lot formed by a lot split granted subsequent to November 14, 1977, where all of the following conditions are met: a) The land is not located in a subdivision approved by either the Pitkin County Board of County Commissioners or the City Council, or the land is described as a metes and bounds parcel which has not been subdivided after the adoption of subdivision regulations by the City of Aspen on March 24, 1969; and Staff Finding: The property consists of Lots Q. R. and S of Block 20 in the original Aspen Townsite. The property is not located within a previously approved subdivision, and the lots predate the City's adoption of subdivision regulations. The condominium map of the property does not constitute a subdivision since the property. It is still treated as one lot under Aspen's land use regulations and it was approved as "an exemption from the definition of subdivision." Staff finds this criterion to be met. b) No more than two (2) lots are created by the lot split, both lots conform to the requirements of the underlying zone district. Any lot for which development is proposed will mitigate for affordable housing pursuant to Section 26.100.040(A)(1)(c). Staff Finding: This proposal will create two lots where only one currently exists. The resulting lots will contain 6,000 square feet and 3,000 square feet and conform with the dimensional requirements of the underlying R-6 zone district. The minimum lot size in the R-6 zone district is 6,000 square feet. and 3,000 square feet for lots created through approval of an Historic Landmark Lot Split. The lot split will not result in any additional density potential (outside of any allowable density), there are no implications with regard to the GMQS provisions. Irrespective of the current lack of GNIQS implications, the redevelopment will be subject to the terms and provisions of Section 26.470.070(B), as may be amended from time to time if the structure on Lots R and S were demolished for replacement. Specifically, the applicants would be required to either: 1) provide one free market unit and one deed restricted, resident occupied unit with a minimum floor area of 1,500 square feet; 2) provide two free market units and one accessory dwelling unit (ADU) with a minimum floor area of 600 net livable square feet; 3) provide two free market units and two ADUs with a minimum net livable floor area of 300 square feet each; 4) provide two deed restricted, resident occupied units; or, 5) pay the applicable affordable housing impact fee. A note to this effect is included on the proposed Subdivision Exemption Plat for approval prior to recordation. Staff finds this criterion to be met. c) The lot under consideration, or any part thereof, was not previously the subject of a subdivision exemption under the provisions of this chapter or a "lot split" exemption pursuant to Section 26.100.040(C)(1)(a); and Staff Finding: Staff finds the subdivision exemptions provided for in Chapter 26.480 of the Code includes: 1) Lot Line Adjustments; 2) Lot Splits; 3) Approved Subdivisions; and 4) Historic Landmark Lot Splits. While the subject property was granted a 1976 exemption from the definition of subdivision in order to allow condominiumization, the lot was never the subject of a subdivision exemption under the provisions of this (26.480) chapter or a lot split exemption. Staff finds this criterion to be met. d) A subdivision plat which meets the terms of this chapter, and conforms to the requirements of this title, is submitted and recorded in the office of the Pitkin County clerk and recorder after approval, indicating that no further subdivision may be granted for these lots nor will additional units be built without receipt of applicable approvals pursuant to this chapter and growth management allocation pursuant to Chapter 26.100. Staff Finding: Staff shall require that a subdivision plat will be reviewed by the Planning and Engineering Departments for approval and recordation within 180 days of final land use approval. The plat will include notes explaining that further subdivision is prohibited unless otherwise allowed by virtue of future code amendment(s), and that any and all additional development must comply with the applicable provisions of the Land Use Code. It will also contain a note describing and referring to the approvals pursuant to which the plat was prepared. Staff finds this criterion to be met. e) Recordation. The subdivision exemption agreement and plat shall be recorded in the office of the Pitkin County clerk and recorder. Failure on the part of the applicant to record the plat within one hundred eighty (180) days following approval by the City Council shall render the plat invalid and reconsideration of the plat by the City Council will be required for a showing of good cause. Staff Finding: Staff finds that the applicants understand the language of this criterion and will comply. It is the understanding of the co -applicants that the plat and plat notes may serve as the 12 "subdivision exemption agreement," with no need for a separate document. However, as previously required by Staff for other historic landmark lot splits, the applicants will record a separate subdivision exemption agreement upon the City's approval. Staff finds this criterion to be met. In the case where an existing single-family dwelling occupies a site which is eligible for a lot split, the dwelling need not be demolished prior to application for a lot split. Staff Finding: This proposal does not indicate that any of the existing dwelling units will be immediately demolished. It is clear that the applicants wish to eventually demolish the non-contributing structure on Lots R and S. The Aspen Historic Preservation Officer, Amy Guthrie, has visited the site and determined that the structure on Lots R and S is of no historical significance and is not opposed to its demolition. [The structure is not designated as a landmark or listed on Aspen's Inventory of Historic Sites and Structures.] Staff finds this criterion to be met. g) Maximum potential buildout for the two (2) parcels created by a lot split shall not exceed three (3) units, which may be composed of a duplex and a single-family home. Staff Finding: The applicants request the land use approvals to allow a total buildout of three (3) units. This buildout could occur in the form of three single-family dwellings which is allowed as a conditional use. This application also requests conditional use approval from the Planning and Zoning Commission for the ability to eventually redevelop 6,000 square foot Lots R and S with two detached dwelling units; Lot Q will always contain one detached residence. Staff finds this criterion to be met. [In June of 1998, the Community Development Director made a formal code interpretation finding that the word "may," as used in this standard, is permissive and means the same thing as "can" or "might." Thus, the proposal complies with the technical requirements of this standard even if Lots R and S are redeveloped with two detached single-family structures (see 920 West Hallam Street approval).] 26.480.030(A)(4) SUBDIVISION E`CEMPTIONS. HISTORIC LANDMARK LOT SPLIT The split of a lot that is a designated historic landmark for the development of one new single-family dwelling. The Historic Landmark Lot Split shall meet the requirements of section 26.88.030(A)(2), section 26.100.050(A)(2)(e), section 26.72.010(G) of this Code, and the following standards: a) The original parcel shall be a minimum of 9,000 square feet in size and be located in the R-6 zone district or a minimum of 13,000 square feet and be located in the R-1 SA zone district. 13 Staff Finding: The subject parcel is 9,000 square feet and is located in the R-6 zone district. Staff finds this criterion to be met. b) The total FAR for both residences shall not exceed the floor area allowed for a duplex on the original parcel. The total FAR for each lot shall be noted on the Subdivision Exemption Plat. Staff Finding: Staff finds that the FAR floor area will be divided as provided below. The original parcel in the current case is 9,000 square feet, and the R-6 zone allows 4,080 square feet of FAR floor area for a duplex on such a lot. The applicant's wish to divide the 4,080 square feet by allocating 3,240 square feet of FAR floor area to Lots R and S (combined) and 840 square feet to Lot Q provided the HPC grants a 500 square foot bonus to Lot Q. bringing its total allowable FAR floor area to 1,340 square feet. A note explaining these allocations is included on the proposed Subdivision Exemption Plat and will be included on the Plat approved for recordation. Staff finds this criterion to be met. c) The proposed development meets all dimensional requirements of the underlying zone district. HPC variances and bonuses are only permitted on the parcel that contains a historic structure. Staff Finding: Currently, the applicants are not proposing any on -site development at this time. It is clear that the applicants wish the entire property to be landmarked and subsequently split for this application to work with respect to the requirements of the R-6, Medium Densitv Residential zone district. The minimum lot size in the R-6 zone is 6,000 square feet for most lots, but 3,000 square feet for lots created through the approval of an Historic Landmark Lot Split. In its current configuration, the property comprises one 9.000 square foot lot. Detached residential dwellings and duplexes are listed as permitted uses in the R-6 zone district. It should be noted that the dimensional requirement of "minimum lot area per dwelling unit" requires that a detached residential dwelling maintains a minimum lot area of 6.000 square feet, while A duplex may be developed on a lot of 8, 000 square feet that was subdivided as of April 25, 1975. A duplex may also be developed on a lot of 7,500 square feet that was subdivided as of and annexed subsequent to January 1, 1989. Otherwise, the duplex must be developed with a minimum lot area of 4,500 square feet per dwelling unit, unless the property contains a historic landmark, in which case a duplex or two (2) detached residential dwellings may be developed with a minimum lot area of 3, 000 square feet per unit. 14 Currently, the lot contains a detached dwelling unit and a duplex structure used as a single residence which are nonconforming with respect to the minimum lot area per dwelling unit provisions of the R-6 zone. In effect, the existing configuration would require a 12,000 square foot lot. Approval of the requested landmark designation and lot split will eliminate this nonconformity by placing the detached residence on a 3,000 square foot lot while creating a 6,000 square foot lot for redevelopment with a duplex, or one or two detached residences. The lot containing the historic resource (Lot Q) will not be changed as a result of the proposal. The house on Lot Q is situated 1.7 feet from the westerly side lot line; a barbecue, a shed, and a fence encroach onto the adjacent lot to the west; and, a trash shed encroaches on the alley right-of-way. All of these conditions will continue for the time being, but with the creation of a new lot line between Lots Q and R, some minor setback nonconformities (i.e., an approximately 4.5' setback instead of the required 5') will be created with respect to the side yard. The structure on Lots R and S does not currently comply with the rear and side (east) setback requirements of the R-6 zone district. The proposed lot split will not create any additional nonconformities. It is clear that the applicants wish to demolish the non- contributing structure on Lots R and S. Any subsequent redevelopment of the property will comply with all applicable dimensional requirements of the R-6 zone district. 26.470.070(C) GMQS EXEMPTION, HISTORIC LANDMARK LOT SPLIT The construction of each new single-family dwelling on a lot created through review and approval of an Historic Landmark Lot Split shall be exempt from the scoring and competition procedures. The exemption is to be approved by the Community Development Director, but is not to be deducted from the respective annual development allotments or from the development ceilings. Staff Finding: Currently, there are no standards for reviewing exemption requests; however, if the structure on Lots R and S is demolished for replacement, the redevelopment shall comply with Section 26.470.070(B)(2), by one of the following: 1) providing one free market unit and one deed restricted, resident occupied unit with a minimum floor area of 1,500 square feet; 2) providing two free market units and one accessory dwelling unit (ADU) with a minimum floor area of 600 net livable square feet; 3) providing two free market units and two ADUs with a minimum net livable floor area of 300 square feet each; 4) providing two deed restricted, resident occupied units; or, 5) paying the applicable affordable housing impact fee. The applicant is required to provide a note on the proposed Subdivision Exemption Plat for approval prior to recordation to this effect. Further, the structure on Lot Q is an historic landmark. If it is ever allowed to be demolished, its redevelopment will comply with Section 26.470.070(B)(1). 15 EXHIBIT C MINOR DEVELOPMENT REVIEW STANDARDS / REQUEST FOR 500 SQ. FT. BONUS In order to request and receive a 500 square foot floor area bonus for the historic structure on Lot Q, the applicants were directed by Amy Guthrie to address the standards for review of a minor development justifying the requested bonus. The standards for minor review are provided below. a. The proposed development is compatible in general design, scale, site plan, massing and volume with designated historic structures located on the parcel and with development on adjacent parcels when the subject site is in an "H, " Historic Overlay District, or is adjacent to an historic landmark. For historic landmarks where proposed development would extend into front yard, side yard and rear yard setbacks, extend into the minimum distance between buildings on the lot, exceed the allowed floor area by up to five hundred (500) square feet, or exceed the allowed site covered by up to five (5) percent, HPC may grant necessary variances after making a finding that such variation is more compatible in character with the historic landmark and the neighborhood than would be development in accord with dimensional requirements. In no event shall variations pursuant to this Section exceed those variations allowed under Section 26.520.040(B)(2), for detached accessory dwelling units, and Staff Finding: The proposed lot split enables the development of up to three detached units with an total allowable floor area of 4,580 square feet that includes the 500 square foot bonus. Projects are eligible for the FAR bonus that can successfully demonstrate an outstanding preservation effort. A few examples of projects demonstrating an outstanding preservation effort would include the retention of historic outbuildings or the creation of a breezeway or connector elements between the historic resource and new construction. In addition, lots which are larger than 9,000 square feet and properties which receive approval for a historic landmark lot split are also be considered for this bonus. Normally, this request is made during a work session before the HPC. Since the current request is being processed as a "Minor Review" and is part of an historic landmark lot split application, Amy Guthrie, waived the need for a work session with the HPC to discuss the merits of the bonus request. By completing the proposed historic landmark lot split, an outstanding preservation effort will be achieved by the following: Ensuring that any future proposals involving either or both of the resulting properties will require HPC review and approval; L • • 2. Ensuring that the total allowable floor area on the property will be broken up between at least two, if not three, structures; 3. Ensuring that the total FAR potential of the historic structure will be only 1,340 square feet; this eliminates the potential for inappropriately sized and scaled additions to the historic structure; 4. Ensuring that nobody will be able to apply for additions that would make the historic structure 3,660 square feet as a single-family unit or, worse still, 4,080 square feet as a duplex; 5. Ensuring that 3,240 square feet of the site's floor area expansion potential will be on the adjacent lot in a form compatible with the historic structure in terms of general scale, site plan, massing and volume; and finally, 6. Enabling the potential for the 9,000 square foot lot to be developed as three (3) relatively small, single-family detached residences in a manner consistent with the historic development pattern of the original Aspen Townsite. Staff finds that the proposed project, as a result of the points made above, achieves outstanding merit and therefore this criterion is met. b. The proposed development reflects and is consistent with the character of the neighborhood of the parcel proposed for development, and Staff Finding: The historic land use pattern in the West End of Aspen is comprised primarily of relatively small single-family detached and duplex structures on 3,000 sq. ft. lots that are accessed via alleys. The applicant's proposal is consistent with the historic development patterns and character of the neighborhood. Staff finds this criterion to be met c. The proposed development enhances or does not detract from the historic significance of designated historic structures located on the parcel proposed for development or on adjacent parcels, and Staff Finding: Staff finds that the proposed development does not detract from the historic significance of the designated historic structure. Staff finds this criterion to be met. d. The proposed development enhances or does not diminish or detract from the architectural character and integrity of a designated historic structure or part thereof. 17 Staff Finding: The proposed development does not affect the architectural character or integrity of any historic structure. Staff finds this criterion to be met. 18 • RESOLUTION NO. SERIES OF 2001 EXHIBIT E RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION RECOMMENDING CITY COUNCIL APPROVE AN APPLICATION FOR A HISTORIC LANDMARK DESIGNATION, HISTORIC LANDMARK LOT SPLIT, VARIANCE FOR SIDE YARD SETBACKS, 500 SQUARE FOOT BONUS, AND ALLOCATION OF FAR TO THE NEWLY CREATED LOTS FOR THE PROPERTY LOCATED AT 610 WEST SMUGGLER AND 505 NORTH FIFTH STREETS, LOTS Q, R, AND S, BLOCK 20, CITY AND TOWNSITE OF ASPEN, ASPEN, COLORADO Parcel ID: 2735-124-05-010 WHEREAS, the applicants, Ann Burrows and Marcia Corbin, represented by Mitch Haas, requested a 1) Historic Landmark Designation, 2) Historic Landmark Lot Split, 3) 500 sq. ft. bonus, and 4) allocation of FAR to each new lot for a property located at 610 West Smuggler and 505 North Fifth Streets, Lots Q, R, and S, Block 20, City and Townsite of Aspen, Aspen, Colorado. The property located on Lot Q is currently designated as a Historic Landmark in the City of Aspen; and WHEREAS, all applications for a Historic Landmark Designation, Historic Landmark Lot Split, variance for side yard setbacks, allocation of 500 square foot bonus, and FAR allocation to newly created lots shall meet all of the following Development Review Standards of Section 26.420.010, Section 26.480.030(A)(2), and Section 26.480.030(A)(4) in order for HPC to grant approval, namely: 26.420.010 Historic Landmark Designation Standards Any structure or site that meets two (2) or more of the following standards (Section 26.420.010) may be designated as "H," Historic Overlay District, and/or historic landmark. It is not the intention of the Historic Preservation Commission to landmark insignificant structures or sites. HPC will focus on those, which are unique or have some special value to the community. b) Historical importance. The structure or site is a principal or secondary structure or site commonly identified or associated with a person or an event of historical significance to the cultural, social, or political history of Aspen, the State of Colorado, or the United States. c) Architectural importance. Based on the building form, use, or specimen, the structure or site reflects an architectural style that is unique, distinct, or of ME traditional Aspen character, or the structure or site embodies the distinguishing characteristics of a significant or unique architectural type. d) Designer. The structure is a significant work of an architect or designer whose individual work has influenced the character of Aspen. e) Neighborhood character. The structure or site is a significant component of an historically significant neighborhood and the preservation of the structure or site is important for the maintenance of that neighborhood character. f) Community character. The structure or site is critical to the preservation of the character of the Aspen community because of its relationship in terms of size, location, and architectural similarity to other structures or sites of historical or architectural importance. Section 26.480.030(A)(2), Subdivision Exemptions, Lot Split. The split of a lot for the purpose of the development of one detached single-family dwelling on a lot formed by a lot split granted subsequent to November 14, 1977, where all of the following conditions are met: b) The land is not located in a subdivision approved by either the Pitkin County Board of County Commissioners or the city council, or the land is described as a metes and bounds parcel which has not been subdivided after the adoption of subdivision regulations by the City of Aspen on March 24, 1969; and c) No more than two (2) lots are created by the lot split, both lots conform to the requirements of the underlying zone district. Any lot for which development is proposed will mitigate for affordable housing pursuant to Section 26.100.040(A)(1)(c). d) The lot under consideration, or any part thereof, was not previously the subject of a subdivision exemption under the provisions of this chapter or a "lot split" exemption pursuant to Section 26.100.040(C)(1)(a); and e) A subdivision plat which meets the terms of this chapter, and conforms to the requirements of this title, is submitted and recorded in the office of the Pitkin County clerk and recorder after approval, indicating that no further subdivision may be granted for these lots nor will additional units be built without receipt of applicable approvals pursuant to this chapter and growth management allocation pursuant to Chapter 26.100. f) Recordation. The subdivision exemption agreement and plat shall be recorded in the office of the Pitkin County clerk and recorder. Failure on the part of the applicant to record the plat within one hundred eighty (180) days following approval by the City Council shall render the plat invalid and reconsideration of the plat by the City Council will be required for a showing of good cause. 20 g) In the case where an existing single-family dwelling occupies a site which is eligible for a lot split, the dwelling need not be demolished prior to application for a lot split. h) Maximum potential buildout for the two (2) parcels created by a lot split shall not exceed three (3) units, which may be composed of a duplex and a single-family home; and Section 26.480.030(A)(4) Historic Landmark Lot Split. The following standards must be met: a) The original parcel shall be a minimum of 9,000 square feet in size and be located in the R-6 zone district or a minimum of 13,000 square feet and be located in the R-15A zone district. b) The total FAR for both residences shall not exceed the floor area allowed for a duplex on the original parcel. The total FAR for each lot shall be noted on the Subdivision Exemption Plat. c) The proposed development meets all dimensional requirements of the underlying zone district. HPC variances and bonuses are only permitted on the parcel that contains a historic structure; and Section 26470.070(C) GMQS Exemption by the Community Development Director, Historic Landmark Lot Split. The construction of a new single-family dwelling on a lot created through a Historic Landmark Lot Split pursuant to section 26.88.030(A)(5) shall be exempted from residential Growth Management allocations and shall not be deducted from the pool of annual development allotments or from the metro area development ceilings; and Section 26.72.010(G), Historic Landmark Lot Split. The development of all lots created pursuant to section 26.88.030(A)(5) shall be reviewed by HPC at a public hearing; and WHEREAS, in a staff report dated December 13", 2000, the Community Development Department determined the application for a historic landmark designation and historic landmark lot split met the applicable review standards indicated above, and recommended approval with conditions; and WHEREAS, at a public hearing, which was legally noticed and held at a regular meeting of the Historic Preservation Commission on December 13' , 2000, at which time the HPC considered and found the application to meet the review standards, and recommended approval to the City Council for the historic landmark designation, historic 21 landmark lot split, and allocation of 500 square foot bonus, and FAR allocation to newly created lots with conditions by a vote of —5— to __�_ (05to P NOW, THEREFORE, BE IT RESOLVED: That HPC recommends the City Council approve the Historic Landmark Designation, Historic Landmark Lot Split, for a property located at 610 West Smuggler and 505 North Fifth Streets, Lots Q, R, and S, Block 20, City and Townsite of Aspen, Aspen, Colorado with the following conditions: 1. At present, there is a fencing encroachment into the public right-of-way on West Smuggler Street and a trash shed encroachment into the Alley for Block 20 on the north side of Lot Q. The applicant must either 1) remove the encroachments or 2) obtain a Temporary Revocable Encroachment License from the City Engineering Department allowing these encroachments to exist prior to the recording of the final plat; 2. That the applicant shall submit and record a subdivision plat which meets the terms of Chapter 26.480, and conforms to the requirements of the Land Use Code, in the office of the Pitkin County Clerk and Recorder after approval. indicating that no further subdivision may be granted for these lots nor will additional units be built without receipt of applicable approvals; That the applicant agrees that this subdivision exemption lot split resulting in one 3,000 square foot lot (Lot Q) and one 6,000 square foot lot (Lots R-S) contains a maximum potential build out not to exceed three (3) principal dwelling units which may be comprised of a duplex and a single-family home pursuant to Section 26.480.030(A)(2)(g) for the three lots combined. In addition, the applicant may be able to place two single-family homes on the 6,000 sq. ft. Lot if approved as a conditional use by the Planning and Zoning Commission; 4. Any future development on the newly created lots shall be required to mitigate for their impact pursuant to Chapter 26.470 Growth Management Quota System (GMQS) as required; A subdivision plat and subdivision exemption agreement shall be reviewed and approved by the Community Development and Engineering Departments and recorded in the office of the Pitkin County clerk and recorder within one hundred eighty (180) days of final approval by City Council. Failure to record the plat and subdivision exemption agreement within the specified time limit shall render the plat invalid and reconsideration of the plat by City Council will be required for a showing of good cause. As a minimum, the subdivision plat shall: i. Meet the requirements of Section 26.88.040(D)(2)(a) of the Aspen Municipal Code; 22 ii. Contain a plat note stating that development of Lots "R-S" shall be required to mitigate for affordable housing pursuant to Section 26.100.050(A)(2)(c) of the Municipal Code for any future development; iii. Contain a plat note stating that the lots contained therein shall be prohibited from applying for further subdivision and any development of the lots will comply with the applicable provisions of the Land Use Code in effect at the time of application; iv. Contain a plat note stating that all new development on the lots will conform to the dimensional requirements of the R-6 zone district, except for variances approved by an entity having the authority to do so; v. That Lots Q, R, and S are designated as historic landmarks and must receive HPC approval for all development in accordance with Section 26.415 of the Municipal Code, as well at Section 26.410, the "Residential Design Standards;" 6. The applicant shall verify with the City Zoning Officer the total allowable FAR on each lot, taking into account any and all applicable lot area reductions. The property shall be subdivided into two parcels, Lot "Q" receiving 3,000 square feet and Lots "R-S" receiving 6,000 square feet in size. Provided it is found by the Zoning Officer that no lot area reductions are required, the maximum allowable FAR on Lot "Q" will be 1,340 s.f. (including a 500 square foot floor area bonus) and 3,240 square feet of floor area on Lots "R-S." The information specific to exact allocated FAR as indicated above for both lots as verified by the City Zoning Officer, shall be included on the plat, as a plat note; 7. As a minimum, the subdivision exemption agreement shall include the elements outlined in Section 26.480.030(A)(2) of the Aspen Municipal Code, and shall meet the recording and timing requirements described in Section 26.480.070(E); 8. Any further development for the historic structure or on the lots created by this lot split shall be subject to further review as required by Section 26.415 of the Aspen Land Use Code; 9. That the HPC herein and pursuant to this Resolution, grants the applicant approval to allocate the FAR to be split between the two newly created lots (including the 500 sq. ft. bonus) to be 4,580 sq. ft. in total. The applicant shall appropriate this FAR in the following manner: Lot "Q" as having 1,340 sq. ft. and Lots "R-S" as having 3,240 sq. ft. prior to consideration of potentially applicable lot area reductions (i.e., slopes, access easements, etc.). Further, these lot sizes and floor 23 areas shall be indicated on the final plat that is recorded in the Pitkin County Clerk and Recorder's Office; 10. That the HPC herein and pursuant to this Resolution, grants the applicant approval for a 4.5 foot side yard setback resulting from an allowed 0.5 foot decrease in the normally 5 foot setback requirement in the R-6 zone district to be allocated to the east property line of Lot "Q" containing the historical structure; 11. That the applicants preserve the "monument" on the south east corner of Lot S as required by the City of Aspen Engineering Department; 12. That the applicants shall ensure that each structure on the newly created lots maintain their separate and individual meter boxes; 13. That the applicant agrees that they shall be required to place street trees as a result of any future development to reflect the traditional cottonwood street tree pattern currently lining West Smuggler and North Fifth Street as required by the City of Aspen Parks Department; and 14. That the HPC grants an approval to demolish the existing pan -abode located on Lots R and S. APPROVED BY THE COMMISSION at its regular meeting on the 101h day of January, 2001. Approved as to Form: David Hoefer, Assistant City Attorney HISTORIC PRESERVATION COMMISSION Suzannah Reid, Chair 24 • • ATTEST: Kathy Strickland, Deputy City Clerk CAW Documents\Current Cases\Lot Slpit\Corbin_Burrows\Corbin_BurrowsLotSplitMemo.doc 25 • OAHP1403 Rev. 9/98 COLORADO CULTURAL RESOURCE SURVEY Architectural Inventory Form (page 1 of 4) Official eligibility determination (OAHP use only) Date Initials Deterrnined Eligible- NR Determined Not Eligible- NR Determined Eligible- SR Determined Not Eligible- SR Need Data Contributes to eligible NR District Noncontributing to eligible NR District I. IDENTIFICATION 1. Resource number: 5PT.29 2. Temporary resource number: 610.WSM (610.WS) 3. County: Pitkin 4. City: Aspen 5. Historic building name: 6. Current building name: 7. Building address: 610 West Smuggler Street, Aspen Colorado 81611 ;Includes 505 N. 5`" St 8. Owner name and address: Marcia A. Corbin PO Box 9312 Aspen CO 81612 Anne Ibbotson 505 North 5" St Aspen CO 81611 II. Geographic Information 9. P.M. 6 Township 10 South Range 85 West SW 1/4 of NE 1/4 of NW V4 of SE 1/4 of Section 12 10. UTM reference Zone 1 3; 3 4 2 1 5 0 mE 4 3 3 9 8 5 0 mN 11. USGS quad name: Aspen Quadrangle Year: 1960, Photo Rev. 1987 Map scale: 7.5' X 15' Attach photo copy of appropriate map section. 12. Lot(s): Units A. B. C: Smuggler Condominiums Block: 20 Addition: Year of Addition: 13. Boundary Description and Justification: Site is comprised of Units A B. C• Smuggler Condominiums Block 20 of the City and Townsite of Aspen. Assessors office Record Numbers: 2735-124-05-010 & 012 This description was chosen as the most specific and customary description of the site III. Architectural Description 14. Building plan (footprint, shape): Rectangular 15. Dimensions in feet: Length x Width 16. Number of stories: One story 17. Primary external wall material(s) (enter no more than two): Horizontal Wood Siding 18. Roof configuration: (enter no more than one): Gable Roof 19. Primary external roof material (enter no more than one): _Asphalt Roof 20. Special features (enter all that apply): Porch, Chimney Resource Number: • 5PT.279 Temporary Resource Number: 610.WSM Architectural Inventory Form (page 2 of 2) 21. General architectural description: A typical single story wood frame Miner's Cottage A gable end facing the street with a single large double hung in a shallow bay, as the principal window. The bay has a hip roof supported by brackets with beaded trim. the base of the bay is also supported by brackets A cross gable runs parallel to the street with a shed roof porch infilling the corner. Two entry doors with transoms, and a double hung window are located under the porch roof. The two end doors typical of this type, are both existing. Wood horizontal siding with scalloped shingles in the gable end Porch has turned wood posts. Windows appear to be original, A shed addition has been made to the rear of the building. 22. Architectural style/building type: Late Victorian 23. Landscaping or special setting features: Simple front yard landscape defined by lilac shrub on east side and foundation shrub plantings and straight entry walk. Original sandstone carriage step serves as step down into the yard. 24. Associated buildings, features, or objects: none IV. Architectural History 25. Date of Construction: Estimate Source of information: Pitkin County Assessor 26. Architect: Unknown Source of information: Actual 1890 27. Builder/Contractor: Unknown Source of information: 28. Original owner: Emma Carstens Source of information: Pitkin County Assessor 29. Construction history (include description and dates of major additions, alterations, or demolitions): Single story shed addition at rear with contemporary window openings new metal flue: dates unknown 30. Original location X Moved Date of move(s): V. Historical Associations 31. Original use(s): Domestic 32. Intermediate use(s): 33. Current use(s): Domestic 34. Site type(s): Residential Neighborhood 35. Historical background: This structure is representative of Asp n's mining era character. The building represents a typical type known locally as the "Miner's Cottage" characterized by the size simple plan, the front gable / porch relationship and the double entry doors Resc,erce Number: a 5PT.279 Temporary Resource Number: 610.WSM Architectural Inventory Form (page 3 of 3) 36. Sources of information: Pitkin County Courthouse records; Sanborn and Sons Insurance Maps; 1990 and 1980 City of Aspen Survey of Historic Sites and Structures VI. Significance 37. Local landmark designation: Yes X No _ Date of designation: 1981 Designating authority: Aspen City Council 38. Applicable National Register Criteria: A. Associated with events that have made a significant contribution to the broad pattern of our history; B. Associated with the lives of persons significant in our past; X C. Embodies the distinctive characteristics of a type, period, or method of construction, or represents the work of a master, or that possess high artistic values, or represents a significant and distinguishable entity whose components may lack individual distinction; or D. Has yielded, or may be likely to yield, information important in history or prehistory. Qualifies under Criteria Considerations A through G (see Manual) Does not meet any of the above National Register criteria 39. Area(s) of significance: Architecture 40. Period of significance: Late 1800's Silver Mining Era 41. Level of significance: National State Local X 42. Statement of significance: This structure is significant for its position in the context of Aspen's minin era. It describes the nature of the life of an averaae family or individual durina that Deriod. as well the construction techniques, materials available and the fashion of the time. 43. Assessment of historic physical integrity related to significance: The house is intact in its original context and form. All alterations have been done in the rear and are not visible from the street VII. National Register Eligibility Assessment 44. National Register eligibility field assessment: Eligible X Not Eligible Need Data _ 45. Is there National Register district potential? Yes _ No X Discuss: If there is National Register district potential, is this building: Contributing _ Noncontributing 46. If the building is in existing National Register district, is it: Contributing _ Noncontributing VIII. Recording Information 47. Photograph numbers: R3. F21 Negatives filed at: Aspen/Pitkin Community Development Dept Resou,-�e Number: 5PT.279 Temporary Resource Number: 610.WSM Architectural Inventory Form (page 4 of 4) 48. Report title: City of Aspen Update of Survey of Historic Sites and Structures 2000 49. Date(s): 6/29/2000 50. Recorder(s): Suzannah Reid and Patrick Duffield 51. Organization: Reid Architects 52. Address: 412 North Mill Street, PO Box 1303, Aspen CO 81612 53. Phone number(s): 970 920 9225 NOTE: Please attach a sketch map, a photocopy of the USGS quad. map indicating resource location, and photographs. Colorado Historical Society - Office of Archaeology & Historic Preservation 1300 Broadway, Denver, CO 80203 (303) 866-3395 :�i 11 �►���.'i' i1TriTi'1 r' —A) GOLF COURSE ep4et ry. I A. 7t=l 82 c A nne I it t IV ' i . << . 'i ro �—. -'ram � 1 \ � ,�' \ : - •'-• , i 1t Ljtqr % G pits ro All Survey Sites are included within the City of Aspen limits, Aspen Quadrangle See Sketch map for identification of specific location and building context MN GNL ' :2' 211 MILS 20 MILS LITM GRID AND 1987 MAGNETIC NORTH DECLINATION AT CENTER OF SHEET Colorado- Pid<,in County 1960, Photo Revised 1987 Scale.- 1:24 7.5) Minute Survey SCALE 1:24 000 0 1 MILE 1000 3 =0 2000 3000 4000 5000 5000 7000 FEET .5 0 1 KILOMETER CONTOUR INTERVAL 40 FEET NATIONAL GEODETIC VERTICAL DATUM OF 1929 •'t%.�J... �t f, f / , 111 or 'f•1 t.W 1, F;: "�.��� t .1 1•I. .. � ,f #cam r j ) •� J�f" �' t HISTORIC ARCHITECTURAL BUILDING/STRUCTURE FORM State Site Number: Local Site Number: 610.WS Photo Information: ASP-K-2 Township 10 South Range 85 West Section 12 USGS Quad Name Aspen Year 1960 X 7.5' 15' Building or Structure Name: Emma Carstens Residence ? Full Street Address: 610 West Smuggler Legal Description: Lots O, R & S, Block 20 City and Townsite of Aspen City Aspen County Pitkin Historic District or Neighborhood Name: West End Owner: Private/State/Federal Owner's Mailing Address: ARCHITECTURAL DESCRIPTION Building Type: Residential Architectural Style: Victorian Miner's Cottage Dimensions: L: x W: = Square Feet: Number of Stories: 1-story Building Plan (Footprint, Shape): Rectangle Landscaping or Special Setting Features: 36" blue spruce at southeast corner of lot Associated Buildings, Features or Objects - Describe Material and Function (map number / name): None For the following categories include materials, techniques and styles in the description as appropriate: Roof: T-gable; asphalt shingles Walls: Clapboard with decorative wood shingles at gable ends Foundation / Basement: Unknown Chimney(s): Red brick with corbeled top near intersection of gables Windows: Shallow -projecting bay with shed roof with one -over -one double hung window, supported by scroll brackets at front (south); one -over -one double hung typical elsewhere Doors: Transom over 1/2 light over wood panel Porches: Open shed over 1/2 of the front supported by turned General Architectural Description: 1-story Victorian Cottage. The architectural significance of the Victorian Miner's Cottage is that it basically remains in its original appearance. It has the typical characteristics of a front gable with bay -like window; a cross gable with two separate entries, one as a main entry the other was used for the parlor room (used for special occasions or special days of the week only) . Page 2 of 2 State Site Number Local Site Number 610.WS FUNCTION ARCHITECTURAL HISTORY Current Use: Residential Architect: Unknown Original Use: Residential Builder: Unknown Intermediate Use: Residential Construction Date: 1890 X Actual _ Estimate X Assessor Based On: MODIFICATIONS AND/OR ADDITIONS Minor Moderate X Major Moved Date Describe Modifications and Date: Additions and Date: One story shed roof added on rear with contem- porary detail (trapezoidal windows, fixed windows); dates unknown NATIONAL/STATE REGISTER ELIGIBILITY AND CRITERIA Is listed on National Register; State Register Is eligible for National Register; State Register Meets National Register Criteria: A _ B _ C _ D _ E ME Rey_ Local Rating and Landmark Designation — i Significant: Listed on or is eligible for National Register u Contributing: Resource has maintained historic or architectural integrity. O Supporting: Original integrity lost due to alterations, however, is "retrievable" with substantial effort. Locally Designated Landmark Justify Assessment: Associated Contexts and Historical Information: The significance of this residential structure is not of those who owned it or lived in it, nor of its architecture, although this structure is representative of Asnen's Mining Era. This structure is of historical importance by illustrating the family/home environment and lifestyle of the average citizen in Aspen which was then dominated by the silver mining industry. Other Recording Information Specific References to the Structure/Building: Pitkin County Court- house Records; Sanborn and Sons Insurance Maps Archaeological Potential: N (Y or N) Justify: Recorded By: Date: January 1991 Affiliation: Aspen Historic Preservation Committee - City of Aspen Project Manager: Roxanne Eflin, Historic Preservation Officer/Planner tv V n t h \..t. n� wv.v W. 5 r��ggti�r teeco $ . X7 t z 7An. C .. • al -my, zo , � � C s ��� r)ok i { "7,c - pi E�,�-, s L'v �-L c-I-) i,-) 1 iEA_, ASPEN III&RIr SITES/STRUCTURES INVENT010 1980 col C�P.s BLOCK/LOT(s) INSTRU!"IENT/DATE GRANTOR U c \/� . St ADDRESS GRANTFF YFAR/TAX ASSFSS,tFNT 13 101 -r, 44c 6A z, CAZ!L ALU aC,D 4 10.1 LLA ZY . I A t_� � Q^ IVD C� a Q -Ki eFf-k A C A 2 i S i G I 1 1� sr �! ! . . ��Inop► � "1�5►3s S V. \A"Ma- N `t A 1 S �'n k) i A 5A D51'2DM ► 3AegA i►J -� �jA�=E 511 t7i UE- b"Di) F-4z-- RESOURCES: 1. PltKin County Abstract of Lots Books Grantor/Grantee Books Grantee/Grantor Books 2.r APitkin County Tax Assessment Rolls (on microfilm) RESEARCHER: �-PA (;. Gov • "8 CONCLUSIONS: JNVEWY OF HISTORIC SITES & STRUCTO ANALYSIS OF HISTORICAL SIGNIFICANCE ASPEN, COLORADO RESOURCE NUMBER: NAME OF STRUCTURE/SITE/PROJECT: ASPEN HISTORIC SITES/STRUCTURES INVENTORY 1980 LOCATION: 20 QRS Block Lot 610 West Smuggler Street Address RESOURCE INTEGRITY: 0 = None,N/A / 1 = Notable / 2 = Excellent / 3 = Exceptional (Maximum - 3 Points) DEGREE OF SIGNIFICANCE SCORE I. = Historically Associated with Events of Significance to: . LOCALE 0 1 2 3 _ . REGION 0 1 2 3 . STATE 0 1 2 3 . NATION 0 1 2 3 SUBTOTAL Historically Associated with Individuals or Groups which are Significant to: . LOCAL 0 1 2 3 . REGION 0 1 2 3 . STATE 0 1 2 3 NATION 0 1 2 3 SUBTOTAL Embodies Distinctive Characteristics of: . TYPE/STYLE ARCHITECTURE/CONSTRUCTION 0 1 2 3 . PERIOD OF ARCHITECTURE 0 q 2 3 . METHOD OF CONSTRUCTION 0 2 3 SUBTOTAL IV. /—% Represents the Work of a Significant Craftsman/Wilder/Architect: . LOCALLY 0 1 2 3 . REGIONAL 0 1 2 3 . NATIONAL 0 1 2 3 SUBTOTAL IO% V. / / A Noteworthy Surviving Example of a Style Becoming Rare in the Locale or is Identified with a Street Scene or other Landscape 0 1' 2 3 VI. Possesses High Artistic Value 0 1 2 3 07 /L/ 1 - 6 Points = NOTABLE %% 7 - 12 POINTS = EXCELLENT 13 - 18 POINTS = EXCEPTIONAL TOTAL POINTS / DATE: �f't .'," COLORi'DO CULTURAL RESOURCE S EY -Preservation Office, I. INVENTORY RECORD 1300 Broadway, Denver, CO 80203 NOT FOR FIELD USE DET. ELIG. IMPORTANT: COMPLETE THIS SHEET FOR EACH DET. NOT ELIG. RESOURCE PLUS EITHER AN ARCHAEOLOGICAL OR NOMINATED HISTORICAL/ARCHITECTURAL COMPONENT FORM. LISTED, DATE IDENTIFICATION: 1)Resource No. 5PT-279 2)Temp. No. 25 3)Resource Name Emma Carstens 4)Project Name ASPEN INVENTORY OF HISTORIC SITES/ STRUCTURE 5)Category: Arch. Site_, Hist./Archit. Structure *, Hist./Archit. District_ 6)(For Arch. site)In a District:yes no *;Name N/A II. LOCATION: 7)Township JOS ;Range 85W ; -- k of -- 1% of -- 3t of SE it of Section 12 ; p.m., 6 . 8)County Pitkin 9)USGS QUAD Aspen ;7.5 * 15_;Date 1960 Attach photoccpy portion of Quad. Clearly show site. 10)Other maps 1-50' scale Cooper Aerial Approx. 90 ft. x 100 ft. ll)Dimensions mX m 12)Area 9,000 Sq. ft. sq.m(y4047=)less than 1 acres 13)UTM. Reference: (One UT`i centered on resource may be given for resource under 10 acres.) A.11,31;1314,21210,0[E,;14,313,919,8,OmN. B.11,31;13I4,2I1,8,0!mE;14 313,919,0,01mN. C.11 31;1314 ,211 ,O ,O jmE;j4 j3! 3 j9 j g, 2, 01mN. D.11 31;1314 ,2 11 12 ,0 fmE;14 ,3 13 ,9 19 ,9 ,O lmN. 14)Address 610 W. Smuggler Street Lot RRSBlock 20 Addition -- III. !.UNAG--`:ENT DATA: 15)Field Assessment: Eligible Not Eligible Need Data 16)Owner/Address N/A 17)Gov't Involvement: County_State Federal Private_: Agency N/A 18)Disturbance:none light moderate heavy total —;Explain N/A • 19)Threats to Resource:tJater Erosion Wind Erosion Animal Activity Neglect Vandalism_ Recreation —Construction —;Comments N/A 20)Management Recommendations Follow Design Guidelines V. REFERENCE: 21)State/Fed. Permit Nos. N/A Colorado Preservation Office 22)Photo Nos. 25 ,on file at (,303), 839-3394 23)Report Title ASPEN INVENTORY OF HISTORIC SITES/STRIJCTURES 24)Recorder Vera G. Kirkpatrick 25)Recording Date Sept. 30, 1980 26)Recorder Affiliation Aspen/Pitkin County Planning Office 27)Phone No. (303) 925-2020 Resource No. 5PT-279 Page 2 V. SKETCH MAP: `tan all featur nd s`iow the boundaries of thiesources. Show all major topographic features, permanent -:odern features, and vegetation zones as appropriate. Give names of features, streets and addresses if known. Provide scale, key and direction. scale: key: N true mag. 28)Location/Access: n�-E IA-TA[,uFD COPY QF i I I I I I 1"A' soles nap I(Cooter ^ ria ) I It i 610 W. Smuggler Street, Aspen, Colorado 29)Boundary Descrintion: Lots QRS/Block 20 30)Boundary Justification: N/A COLOR.ADO CULTURAL RESOURCE SURVEY Colorado Preservation Office �300 Broadway, Denver, CO 30203 ARCHITECTURAL/HISTORICAL COMPONENT FORM I*TORTANT: USE IN CONJUNCTION WITH THE GREEN INVENTORY RECORD FORM FOR FOR RECORDING HISTORIC STRUCTURES AND DISTRICTS. USE SEPARATELY FOR ` RECORDING STRUCTURES LOCATED WITHIN DISTRICT BOUNDARIES. 1) Resource No. 5PT-279 2) Temp No.25 3) Name EMMA CARSTENS House I 4) Addresa 610 West Smuggler 52 District Name none I. INTEGRITY: 6) Condition: Good * Fair Deteriorated 7) Original Use Residence 8) Present Use Residence 9) Original Site * 'Moved DateCs) of Move: N/A 10) Unaltered * Altered Explain: N/A TI. DESCRIPTION: 111 Building Materials Wood 121_Construction Date circa 1888-90 131 Architect/Builder Unknown 14) Architectural Style Cs) Victorian Miner's Cottage 15) Special Features/Surroundings: N/A 161 Archaeological Potential: Yes No Unknown * Explain: III. CULTURAL ACTIVITIES: Key the resource type (ie: house, barn, shed, school, church, etc) to the cultural activity theme and sub -theme category associated with it, 17) THEME Residential 18) SUB -THERE Urban 19) TYrSS Single-family iciSJLI RCE— y0• 5PT-279 (Attach Photographs) Frame Number 26 Roll Number 1 Facade Orientation Front IV. SIGNIFICANCE: Assess whether or not the resource has any historical or architectural merit by checking appropriate categories and justifying below. Include any relevant historical data. 20) Architectural Signif icance: 21) Historical Significance: _ Represents work of a master _ Associated with significant persons _ Possesses high artistic values _ Associated with significant events or * Represents a type, period, or patterns method of construction _ Contributes to the significance of an historic district The architectural significance of the Victorian Miner's Cottage is that it basically remains in its original appearance. It has the typical characteristics of a front gable with bay -like window; a cross gable with two separate entries, one as a main entry the other was used for the parlor room (used for special occasions or special days of the week only). The significance of this residential structure historically is not of those who owned it or lived in it, nor of its architecture; although this structure is representative of Aspen's early mining era. This modest structure is of historical importance by illustrating the family/home environment and life styles of the average citizen of Aspen, which was dominated by the silver mining industry. 22) List Any Associated Cultural Group: V. REFERENCE'S: nnne Pitkin County Clerk's Office -Abstract of Lots Books (ownership search) to to Tax Assessor's office - Assessment Records. RECORDER Vera G. Kirkpatrick DATE Sept. 25, 1980 1 I 1 r 1 1 CORBIN/BURROWS APPLICATION FOR APPROVAL OF HISTORIC LANDMARK DESIGNATION, AN HISTORIC LANDMARK LOT SPLIT SUBDIVISION EXEMPTION, MINOR REVIEW, CONDITIONAL USE & PLAT VACATION Submitted by: Ms. Anne W. Burrows 505 North Fifth Street Aspen, CO 81611 Ms. Marcia Corbin P.O. Box 9312 Aspen, CO 81612 01 Richard Wax & Associates, LLC P.O. Box 7699 Aspen, CO 81612 Prepared by: HAAS LAND PLANNING, LLC Planning Consultants 201 North Mill Street, Suite 108 Aspen, CO 81611 (970) 925-7819 fax: (970) 925-7395 mhaas@gateway.net C� 1 1 I 1 1 1 11 PROJECT CONSULTANTS PLANNER Mitch Haas, AICP Haas Land Planning, LLC 201 North Mill Street, Suite 108 Aspen, CO 81611 (970) 925-7819 SURVEYOR David W. McBride, R.L.S. #16129 Aspen Survey Engineers, Inc. 210 South Galena Street Aspen, CO 81611 (970) 925-3816 1 CORBIN/BURROWS HISTORIC LANDMARK LOT SPLIT TABLE OF CONTENTS PAGE I. INTRODUCTION.......................................................................... I II. SUBJECT SITE & NEIGHBORHOOD (Existing Conditions).....................3 III. THE PROPOSAL...........................................................................5 IV. REVIEW REQUIREMENTS .........................................................9 A. Section 26.420.010, Standards for Designation................................10 B. Section 26.480.030(A)(4), Historic Landmark Lot Split......................12 1. Section 26.480.030(A)(4)(a-c)..................................................12 2. Section 26.480.030(A)(2)(a-g).................................................."14 3. Section 26.470.070(C)...................................... ................... 17 C. Section 26.414.010(E)(11), Demolition Exemption .............................18 D. Section 26.415.010(B)(4), Minor Development Review Standards ....... 18 E. Section 26.425.040, Standards Applicable To All Conditional Uses.....20 F. Section 26.480.080(C), Plat Vacation......................................._....23 EXHIBITS Exhibit #1: Pre -Application Conference Summary rY Exhibit #2: Exhibit #3: 1976 Statement of Exemption From the Definition of Subdivision Condominium Map of Smuggler Condominiums Exhibit #4: Proof of Ownership Exhibit #5: Letters of Authorization Exhibit #6: Architectural Inventory Form and Ordinance No. 77 (1981) Exhibit #7: List of Property Owners Within a 300 Foot Radius Exhibit #8: Executed Fee Agreement 1 Li 1 1 1 1 I 1 1 1 f! I. INTRODUCTION This application requests approval of a subdivision exemption for an historic landmark lot split. In addition, it will be necessary to designate the entire property as an historic landmark since only one of the structures is currently designated. The application also requests the vacation of a 1976 "Statement of Exemption From the Definition of Subdivision" as well as conditional use approval for the ability to place two detached dwelling units on the resulting 6,000 square foot lot. _ The subject properties are Lots Q, R, and S, Block 20, City and Townsite of Aspen, which were condominiumized into Units A and B (on Lots R and S) and Unit C (on Lot Q) pursuant to the Condominium Map for Smuggler Condominiums recorded April 16, 1976 (Plat Book 4 at Page 597, Reception Number 182932 --- see Exhibit #3). Ms. Marcia Corbin owns Unit C (Lot Q) and the single-family residence located thereon. Lot Q is commonly known as 610 West Smuggler Street. Ms. Anne Burrows owns Units A and B (on Lots R and S), a duplex structure currently used as a single residence. Lots R and S, together, are commonly known as 505 North Fifth Street. Ms. Corbin intends to sell Lot Q to Richard Wax and Associates, LLC, and the two parties have entered into a contract to do so; however, the contract is contingent upon, among other things, approval of an historic landmark lot split application with certain FAR allocations to the two resulting lots and recordation of a plat pursuant thereto. Lots Q-S, Block 20, City and Townsite of Aspen are in the Medium - Density Residential (R-6) zone district, and are located on the north side of West Smuggler Street between North Fifth Street and North Sixth Street. Each townsite parcel (i.e., Q, R, and S) has an area of 3,000 square feet. Ms. Burrows therefore would own 6,000 square feet of land, and Ms. Corbin would own the adjacent 3,000 square feet. Ms. Corbin and Ms. Burrows are applying together, as co -applicants, with Mr. Richard Wax authorized to act on Ms. Corbin s behalf, to rescind a 1976 agreement entered into with the City, and to obtain approval for historic landmark designation, an historic landmark lot split, the ability to have two detached residences on a 6,000 square foot landmark lot, and such other Historic Preservation Commission approvals as required and requested herein. Upon obtaining all of these approvals, the applicants will work with their attorneys to ensure the dissolution of the Smuggler Condominium Declarations and Plat. The result will be two fee simple landmark designated lots, one of 3,000 square feet (Lot Q) and the other of 6,000 square feet (Lots R and S). The 3,000 square foot lot will have one single-family residence entitled to 1,340 11 Corbin/Burrows Historic Landmark Lot Split Application Page 1 ! 0 0 I square feet of FAR floor area (inclusive of a 500 square foot bonus from the HPC), and subject to HPC review and approval for any proposed changes to its exterior. The 6,000 square foot lot will continue to have the existing structure, but will have the right to demolish and replace it with either a detached single- family residence, a duplex, or two detached single-family residences (subject to HPC review and approval) with no more than 3,240 square feet of FAR floor area, in total. A pre -application conference was held with Fred Jarman and Amy Guthrie of the Aspen Community Development Department on August 16, 2000 (see Pre -Application Conference Summary, Exhibit #1). The 1976 Statement of Exemption From the Definition of Subdivision, as recorded in Book 310 at Page 839, is attached hereto as Exhibit #2. Exhibit #3 is a copy of the Condominium Map of Smuggler Condominiums. The application is submitted by Haas Land Planning, LLC, on behalf of Ms. Anne Burrows, Ms. Marcia Corbin, and Richard Wax and Associates, LLC, (hereinafter "co -applicants"); proof of their ownership is provided in Exhibit #4, and authorization for Haas Land Planning, LLC, to represent the co -applicants is included as Exhibit #5. Exhibit #6 is a copy of the updated Architectural Inventory Form for the subject property. Finally, a list of property owners located within three -hundred feet of the property and an executed application fee agreement are attached as Exhibits #7 and #8, respectively. This application has been prepared pursuant to Sections 26.308, 26.420.010, 26.415.010(E)(11), 26.415.010(B)(4), 26.425.040, 26.470.070(C), 26.480.030(A)(2), 26.480.030(A)(4), and 26.480.080(C) of the Aspen Land Use Code. While the foregoing list of code sections includes 26.470.070(C), since the historic landmark lot split will not result in any additional density potential, it is believed that no GMQS implications exist and, thus, an exemption pursuant to Section 26.470.070(C) is not necessary. This application is divided into four sections. Section I provides a brief introduction to the application, while Section H describes the existing conditions of the subject site and neighborhood. Section III outlines the co -applicants' proposal, and Section IV addresses the proposal's compliance with the applicable review criteria of the Land Use Code. For the reviewers convenience, all pertinent supporting documents relating to the project (i.e., proof of ownership, etc.) are provided in the various exhibits at the rear of the application. While the co -applicants have attempted to address all relevant provisions of the Code, and to provide sufficient information to enable a thorough evaluation of the application, questions may arise which require additional Corbin/Burrows Historic Landmark Lot Split Application Page 2 1 information and/or clarification. The co -applicants' representative will provide such additional information as may be required in the course of the review. IH. SUBJECT SITE & NEIGHBORHOOD (EXISTING CONDITIONS) The subject properties can be described as Lots Q, R, and S, Block 20, City and Townsite of Aspen. They are also known as Units A, B, and C of the Smuggler Condominiums according to the Condominium Map for Smuggler Condominiums recorded April 16, 1976 in Plat Book 4 at Page 597 as Reception Number 182932, and as defined and described in the Condominium Declaration for Smuggler Condominiums recorded April 16, 1976 in Book 310 at Page 843 as Reception Number 182931 (see Exhibit #3). They are in the Medium -Density Residential (R-6) zone district, and are located on the north side of West Smuggler Street between North Fifth and Sixth Streets (at the northwest corner of West Smuggler and North Fifth Streets). One of the co -applicants (Ms. Corbin) currently owns Unit C (Lot Q) and the historic landmark designated, single-family residence located thereon. The other co -applicant (Ms. Burrows) owns Units A and B (Lots R and S), which include a duplex structure currently used as one residence. Each Townsite parcel (i.e., Q, R, and S) has an area of 3,000 square feet. Ms. Corbin therefore owns 3,000 square feet, and Ms. Burrows owns the adjacent 6,000 square feet. The land itself is not currently landmark designated; rather, only the house on Lot Q has been so designated (see Exhibit #6). All existing improvements are accurately depicted on the accompanying Existing Conditions Survey, and described below. Lot Q (610 West Smuggler Street, a/k/a Condominium Unit C and its "Limited Common Elements) has an area of 3,000 square feet and contains the historic landmark designated structure. The landmark structure is a one-story wood frame house of more or less rectangular shape. It has horizontal wood siding, an asphalt gable roof, a front porch, and a chimney. The house is fairly typical of Late Victorian one-story, wood frame Miner's Cottages from the late 1800s. The scallop -shingled gable end faces the street, and its lower portion .contains one large double -hung, principal window in a shallow bay. The bay has a hip roof supported by brackets with beaded trim, and the base of the bay, too, is supported by brackets. A cross -gable runs parallel to the street with a shed -roof porch occupying the corner. There are two entry doors with transoms and a double -hung window under the porch's shed roof, which is supported by turned wood posts. There are no railings around the porch. Corbin/Burrows Historic Landmark Lot Split Application Page 3 I 1 11 1 1 1 1 Lot Q has a simple front yard landscape defined primarily by a lilac shrub on its east side, foundation shrub plantings, a straight entry walk (installed approximately three years ago), and a building setback of only sixteen feet or so from the West Smuggler right-of-way. The house resides in its original location, where it served as the residence of one Emma Carstens. Additions that are not original to the structure include metal flue on the west side (visible from the street), and a single -story shed -roofed area with contemporary windows at the rear, and, a wood deck and patio in the rear, the dates of these additions are not known. Notwithstanding these additions, the structure is considered representative of Aspen's mining era character because of its size, simple plan, front gable/porch relationship, and the double entry doors. Since its architecture was found to embody the distinctive characteristics (i.e., building type, period, and method of construction) of Aspen's late 1800s silver mining era, the structure was designated as a local historic landmark in 1981 via the adoption of Ordinance No. 77, Series of 1981 (see Exhibit #6). Lots R and S (505 North Fifth Street, a/k/a Condominium Units A and B and their "Limited Common Elements) are improved with a one-story wood pan abode house. This house and property are not landmark designated, nor are they included in Aspen's Inventory of Historic Sites and Structures (the Inventory). The house is mainly rectangular in shape, set almost fifty-five feet back from the West Smuggler right-of-way but just two feet back from the alley right-of-way, and has two entryways. There are two entryways on the alley side and another entry on the North Fifth Street side. Two entry walks cross the North Fifth Street irrigation ditch. The front yard (along the corner) is completely fenced. Over the years, there have been many alterations and additions to theme abode structure. For instance, all windows have been replaced and new windows have been added. There is a new frosted/etched glass, horizontally oriented, window facing Fifth Street. Multiple skylights have been installed. There are a pair of shed roof dormers with horizontally oriented windows that were added to the Smuggler Street elevation. Many additions have been placed along the alley frontage, including a bumped -out entryway, another bump -out with "barn' doors, a bay window, and others. The front yard area at the corner of Fifth and Smuggler is fenced in and contains many large, mature trees, a relatively large lawn area, and perimeter plantings (inside the fence). The street edge of the subject property (Lots Q R, and S) is defined by existing curb and gutter. The Fifth Street frontage maintains an unimpeded, open channel ditch. The area between the ditch and the house/ fence is rather heavily vegetated, with eight (8) groupings of mature deciduous trees, multiple juniper and other bushes, a few smaller conifers, and groundcover. Along the Corbin/Burrows Historic Landmark Lot Split Application Page 4 III z 1 i i a 1 1 CI SR CERTIFICATION CERTIFY TO: STEWART TITLE TITLE, IMC. MARCIA A. CORBIN I. DAY ID W. —NIDt. A lli I51"tU LAND SU 1.11 IN — SIAIt DF COLORADO DO HEREBY CERTIFY THAT THIS SURVEY WAS FIELD SURVEYED DURING OCTOBER A NOVEMDER, 19W ON THE GROUND OF THE PROPERTY LEGALLY DESCRIBED HEREON. AND IS CORRECT BASED ON THE FIELD EVIDENCE SWUM AS FOUND HEREON. AND THAT THERE ARE NO DEISCREPANC IES. CONFLICTS. SHORTAGES IN AREA. BOUNDARY LINE CONFLICTS. ENCROACHMENTS. OVERLAPPING OF IMPROVEMENTS. EASEMENTS OR RIGHTS OF WAY IN FIELD EVIDENCE OR KNOWN TO ME. EXCEPT AS HEREON SHOWN. UNDERGROUND UTILITIES WITH NO VISIBLE APPURTENANCES AND DOCUMENTS OF RECORD NOT FURNISHED TO THE SURVEYOR ARE EXCEPTED. THIS CERTIFICATION 15 VOID UNLESS WET STAMPED BY THE SEAL OF THE SURVEYOR. S IDNED THIS _ DAY OF . 2000. DAVID W. M<BRIDE RLS 16129 MO TO KOLORADD lM YW WRT <WFJICE ANY IEBRL ACTION RAPED u9N ANr OfP£CT IN iHla RAT •ITXIN TIW¢ 14Ms YrtR TOu f lRat DIXWYFIFD N101 OCfEtf. IN YD EYEWT, WY NIY aRION YaED uPax ANr OFKCT IN TNII RAT RE LWWN3D MOM TARN IkM YEYa fRON TIE DATE DF TM MRTIFIUTIOII NIDRM IFIYM. d COR o � N/ o URRON�/n S H E STOGY 8 C LANDMARK LOT SMC D 0 d 0 S 0 Off EXEMPT WUP PLAT LOTS 0, R d S, BLOCK 20, CITY AND TOWNSITE OF ASPEN, FORMERELY KNOWN AS CONDOMINIUM UNITS A, B 6 C, SMUGGLER CONDOMINIUM§ ACCORDING TO THE CONDOMINIUM NAP FOR SMUGGLER CONDOMINIUMS RECORDED APRIL i6 1976 IN PLAT BOOK 1 AT PAGE 597 AS RECEPTION M0. 182RAT AND AS DEFINED AND DESCRIBED IN THE CONDOYINIW DECURION FOR SMllDDLER CONDWINI UMS RECORDED APRIL 16. 1976 IN BOOK 310 AT PAGE 813 AS RECEPTION NO. 182931 CITY OF ASPEN, PITKIN COUNTY, COLORADO 6 4 r _ _ f S�GGL�h' SPLIT SCALE I INCH - 10 FEET 0 5 10 15 20 LEGEND & NOTES 0 FOUND SURVEY MONUMENT REBAR WITH CAP AS NOTED 9 SPIKE OR P-K NAIL SURVEY CONTROL STEWART TITLE OF ASPETITLE COMMITMENT ORDER NO. 00026643 INC, DATED OCT. 0N, 7, 999 WAS USED IN THE PREPARATION OF THIS SURVEY POSTED ADDRESS 15 '0610 HEST SMUGGLER STREET' WOOD FENCE Cl UTILITY BOX CALLS IN () ARE RECORD FROM THE CONDOYINI UM MAP PUT BOOK 1 AT PAGE 597 EXISTING CONDITIONS SMUGGLER CONDOMINIUMS, ACCORDING TO THE CONDOMINIUM MAP FOR SMUGGLER CONDOMINIUMS RECORDED APRIL 16 1976 IN PUT BOOK 1 AT PAGE 597 AS RECEPTION N0. 182�32 ADD AS DEFINED AND DESCRIBED IN THE CONDOM NIUM DECLARATION FOR SMUGGLER CONDOMINIUMS RECORDED APRIL 16, 1976 IN BOOK 310 AT PACE 843 AS RECEPTION NO, 182931 CITY OF ASPEN, PITKIN COUNTY, COLORADO PREPARED BY ASPEN SURVEY ENGINEERS. INC. 210 S. GALENA STREET ASPEN, COLO. 81611 PHONE/FAX (970) 925-3816 REVISED OCT. 2, 2000 job No. 6055A UPDATED FEB. I8, 2000 OCT. 29. 1999 Smuggler Street frontage, there is nothing other than lawn between the fenced area and the curb. The alley along the back of the property is gravel/dirt. The subject properties are located in the West End neighborhood, which contains a highly eclectic mix of architectural styles, house sizes, and building orientations. West Smuggler Street, between North Fifth and Sixth Streets, contains a multitude of architectural styles ranging from pan abodes to mountain chalets, from late Victorian Miner's Cottages to ultra -modern homes, and from neo-Victorian to mansard roofed and barn -wood sided designs. The block contains very new homes, homes of average age, and a few historic homes. The structures on the block range in height from 1 story to 2% stories. Many of the houses on both sides of the subject block of West Smuggler Street take vehicular access from the alleys at their rear, and none have driveways iextending to/ the street. Across North Fifth Street, directly to the east, there is a very large (looks like a duplex but is not), chalet style home with two stories of living space. The lot at the southeast corner of Fifth and Smuggler is vacant/undeveloped. The house on the southwest corner of Fifth and Smuggler faces Fifth Street and is a small, well -maintained, late -Victorian Miner's Cottage with one and one-half stories, a front porch, and a cross gable roof. The next house in (to the west) on Smuggler is located directly across from Lot Q and also contains a small, well - maintained, late -Victorian Miner's Cottage with one and one-half stories, a front porch, and a cross gable roof. Next door and to the west of that house is the ultra -modern, Peter Gluck designed house, then the Margerum/McLean residence, and finally the Marolt's old Victorian miner's cottage. Back on the same side of the street as the subject property, the structure next door to Lot Q (to the west) is an overshadowing, large, and colorful neo-Victorian duplex of two or two and one-half stories. III. THE PROPOSAL This application requests approval of a subdivision exemption for an historic landmark lot split. As a prerequisite, it will be necessary to designate the entire property as an historic landmark since only one of the structures and none of the land is currently designated. The Code provides that the landmark designation request requires recommendations from both the HPC and the Planning and Zoning Commission before City Council can render its final decision. The historic landmark lot split request, however, requires the recommendation of only the HPC before City Council can grant its approval. Corbin/Burrows Historic Landmark Lot Split Application Page 5 1 1 1 11 1 1 I 1 Ms. Burrows, one of the co -applicants and the owner of the 505 North Fifth Street property, would like to ensure her future ability to demolish the structure existing thereon and replace it with either a detached single-family residence (a "permitted use"), a duplex (also a "permitted use'), or two detached single-family dwelling units (a "conditional use'). Accordingly, the application requests that: City Council approve the vacation of a 1976 "Statement of Exemption From the Definition of Subdivision;" the Planning and Zoning Commission grant conditional use approval to allow for the ability to place two detached dwelling units on the 6,000 square foot fee simple lot that will result from the landmark lot split; and, the HPC grant a demolition exemption for the non-contributing structure. The application also requests that the HPC approve a five -hundred (500) square foot floor area bonus to the lot containing the currently landmark designated structure through the standards for Minor Review. Should all of these approvals be obtained, the co -applicants further request that vested property rights be conferred with each. Upon obtaining all approvals, the co -applicants will work with their attorneys to ensure that the Smuggler Condominium Declarations and Plat are vacated and replaced with the approved and recorded Historic Landmark Lot Split Plat and associated approval documents (i.e., resolutions and ordinance). The desired end result will be two fee simple landmark designated lots, one of 3,000 square feet (Lot Q) and the other of 6,000 square feet (Lots R and S). The 3,000 square foot lot will have one single-family residence entitled to 1,340 square feet of FAR floor area (inclusive of a 500 square foot bonus from the HPC), and subject to HPC review and approval for any proposed changes to its exterior. The 6,000 square foot lot will have the right to demolish and replace the existing structure with a duplex or one or two detached single-family residences (subject to HPC review and approval) with an aggregate of 3,240 square feet of FAR floor area. The FAR floor area will be divided as explained in this paragraph. The term "FAR floor area" is used herein to acknowledge that many types of floor area are exempt from FAR calculations under the current provisions of the Land Use Code, usually making FAR floor area smaller than gross floor area. The Historic Landmark Lot Split provisions (Section 26.480.030(A)(4)(b) of the Code) provide that the total aggregate allowable FAR floor area on the two resulting lots shall be that allowed for a duplex on the fathering parcel. The fathering parcel in the current case is 9,000 square feet, and the R-6 zone allows 4,080 square feet of FAR floor area for a duplex on such a lot. This FAR floor area can be divided between the two parcels in any way desired, provided it is approved as part of the Historic Landmark Lot Split. The co -applicants desire to divide the 4,080 square feet by allocating 3,240 square feet of FAR floor area to Lots R and S (combined) and 840 square feet to Lot Q provided the HPC grants a 500 Corbin/Burrows Historic Landmark Lot Split Application Page 6 1 I 1 I r.� I CORB�N/BURROWS H�STOR�C LANDMARK LOT SUBDOMIS0Oil CX[ MPT0OBI PLAT LOTS 0, R 6 S, BLOCK 20, CITY AND TOWNSITE OF ASPEN, FORMERELY KNOWN AS CONDOMINIUM UNITS A, B 6 C, SMUGGLER CONDOMINIUM$ ACCORDING TO THE CONDOMINIUM YAP FOR SMUGGLER CONDOMINIUMS RECORDED APRIL 16 1976 IN PLAT BOOK 4 AT PAGE 597 AS I RECEPTON NO 482fy32 AND AS DEFINED AND DESCRIBED IN THE CONDOMNIUM DECLARATION FOR SMUGGLER CONDOMINIUMS RECORDED APRIL 16, 1976 IN BOOK 310 AT PAGE 84J AS RECEPTION N0. 182931 CITY OF ASPEN, PITKIN COUNTY, COLORADO b 2'. VICINITY MAP LEGEND 6 NOTES SCALE 1 INCH - 10 FEET O FOUND SURVEY MONUMENT REBAR WITH CAP AS NOTED 9 SPIKE OR P-K NAIL SURVEY CONTROL 0 5 10 IS 20 STEWART TITLE OF ASPEN, INC. TITLE COIMITIENT ORDER NO. 000266{J DATED OCT. 07, 999 WAS USED IN TIC PREPARAT16N OF THIS SURVEY POSTED ADDRESS IS '0610 WEST SMUGGLER STREET - WOOD FENCE ❑ UTILITY BOX CALLS IN t ) ARE RECORD FROM THE CONDOMINIUM MAP PLAT BOOK 4 AT PACE 597 SET NEW LOT LIKE CORNER NO. 4 REBAR WITH RED CAP 016129 ZONING IS R-6 CITY MONI6ENT SW BLK 20 PLAT NOTES I. THIS LANDMARK LOT SPLIT PLAT HAS BEEN PREPARED PURSUANT TO AND IN ACCORDANCE WITH C17Y COUNCIL ORDINANCE NUMER _ (SERIES OF 2000_1 PLANNING AND ZONING COMMISSION RESWVTIOld N1.YBER _ AND HISTORIC PRESERVATION C"I SS ION RESOLUTION NIAMER _. THE LANDS AFFECTED By MIS PLAT ARE SUBJECT TO THE TERMS AND CONDITIONS OF SAID APPROVALS AND BY ALL APPLICABLE LAND USE REGULATIONS OF THE CITY OF ASPEN. THE TERMS AND CONDITIONS OF SAID APPROVALS AND OF THIS PLAT SHALL RUM WITH THE LAND AS COVENANTS BURDENING TIE SIDE. 2. THE J 000 SQUARE FOOT LOT IS ENTITLED TO 1,340 SQUARE FEET OF FAR FLOOR AREA (640 SQUARE FEET PLUS SOD SQUARE FEET AWARDED BY THE HPC AS A BGWS), AMD SUBJECT TO HPC REVIEW AND APPROVAL FOR ANY PROPOSED CHANCES TO THE EXTERIOR OF THE EXISTING STRUCTURE. 3. THE 5 W OSQUARE FOOT LOT HAS AND THE RIGHT TO DEMOLISH AREPLACE THE EXISTING STRUCTURE WITH EITHER A SINGLE FAMILY RESIDENCE, A DUPLE% OW TWO DETACHED SINGLE-FAMILY RESIDENCES (SUBJECT TO HPC REVIEW AND Ar ROYALI VI AN ALLOWASLE AGGREGATE OF 3,240 SQUARE FEET OF FAA FLOOR AREA. 4. THIS HISTORIC LANDMARK LOT SPLIT PLAT SUPERCEDES AND REPLACES THE CONDOMINIUM MAP FOR SMUGGLER CONDO INIV RECORDED APRIL 16, 1976 IN PLAT BOOK 4 AT PAGE 597 AS RECEPTION LAMER '629J2. FURTHER SAID CONDOMINIUM HAP SHALL BE VACATED AS WILL THE ASSOCIATED COIDOYINIUMDECLARATI OA RECORDED APRIL 16, t976 IN BOOK 310 At PAGE 843 AS RECEPTION NUMBER 182931. S. NO FURTHER A SUBDIVISION OF THE LDS DEPICTED HEREON SWILL BE PERMITTED, UNLESS OTHERWISE PERMITTED BY VIRTUE OF SUSEOENTLY ADOPTED CODE AMENDMENTS. 6. ANY FUTURE CWINOES TO THE STRUCTURES ON LOT 0 WILL PROVIDE GREATER COMPLIANCE WITH RESPECT TO THE DIMENSIONAL REQUIREMENTS OF THE R-6 ZONE DISTRICT THEN IN EFFECT. 7. TIE REDEVELOPMENT OF LOTS R AND S WILL COMPLY WITH ALL APPLICABLE DIMENSIONAL REQUIREMENTS OF THE R-6 ZONE THEN IN EFFECT. S. IF THE STRUCTURE ON LOTS R AND S IS DEMOLISHED FOR REPLACEMENT THE REDEVELOPMENT WILL 6E SUBJECT TO THE TERMS AND PROVISIONS OF SECTION 26.{70.G701B1(II OR (21 AS APPLI MAID LE, OF THE ASPEN LAUSE CODE, AND AS MAY BE AMENDED FROM TIME TO TINE. 9. IF THE 5TRUCTURE ON LOT 0 IS EVER DEMOLISHED FOR REPLACEMENT TIE BEDEVELOPEIENT WILL COMPLY WITH SECTION 26.470.070(B)(11 OF THE ASPEN LAND USE CORE, AS MAY BE AMENDED FROM TIME TO TIME. 10. THIS PLAT AND THESE NOTES SHALL SERE AS AID REPLACE THE NEED FOR A SEPARATE 'SUBDIVISION EXEMPTION AQREEIEMT:. A¢eADllf m IAlORAop LAP YW MAY NIWOIQ ANY U— ARIaN RAsm LRIN1 AxY DEFER IN TNIS Pur R11xlx nRRE YENS AFTFJ YRII i IRfT 91SmVElm flgN DEPFGT. IN MR EVLM, WY YIY ACYIOX RASED URLN MfY DETER Ix INNS NOWT IMP Imam NMIE YINII TEN YFYS i101 TIE MATE OF TIE CK-F-1.M1 MIORN IGFRx. ATE �/1. FENQ RM-/-OL a aNm FAKROAOEa i W-W-OUE FR a70,Pr - '�If ftooSSE LOT Q AREA - 3,01DO SO.FT, 0.6687 ACRES •/- /I. p r .� /J0 I W. W. 4 UEA RE4R I.1166. SET CORNER SST ALL�'Y BIDED l �CK 4ED 15ET fN >. -4- a' 1 ?o E f � CAP OWNERS' CERTIFICATE KNOW ALL MEN BY THESE PRESENTS THAT ANNE W. BURROWS AID MANIC IA A. CORE IN BEING YlE RELYMD OWNER OF LOTS Q R, AID S, BLOCK 20 CITY AND TOWNSITE OF ASPEN PITKIN COUNTY COIORADO IA/K/A UNITS 1 B 6 C SMIGOLER COIDOYINI UMI W HE0.E8Y SUADI VIDE AND REPLAT THIS REAL PROPERTY UN�IER THE NAME AND STYLE OF CORBIN/BURROWS HISTORIC LANDMARK LOT SPLIT SUBDIVISION EXEMPTION, LOT 0 AND LOTS R A S, CITY OF ASPEN, PITKIN COUNTY, COLORADO. EXECUTED THIS _ DAY OF , 2000. ANNE W. BURROWS, OWNER UNITS AAS MARCIA A. CORBIN. OWNER UNIT C STATE OF COLORADO 1 COUNTY OF PITKIN 1 THE FOREGOING OMEA CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS _ DAY OF 2000 BY ANNE 1. BURROWS A MARCIA A. CORBIN AS OWNERS. WITNESS W HAND AND OFFICIAL SEAL MY COMM MSS ION EXPIRES: NOTARY PUBLIC TITLE CERTIFICATE ENTRY ITHE UDERS IOW A DULY AUTHORIZED REPRESENTATIVE OF PITKIN COUNTY TITLE. INC. REGISTERED TO 96 BUSINESS IN PITKIN CONTY COLOWADO DOES HEREBY CERTIFY THAT THE PERSONS LISTED AS OWNERS ON THIS PLAT GO HOLD FEE SIMPLE TITLE TO THE WITHIN DESCRIBED REAL PROPERTY FREE AND CLEAR OF ALL LIENS AND ENCRUMORANCES EXCEPT THOSE LISTED ON THE OWNER'S CERTIFICATE. ALTMUGH WE BELIEVE THE FACTS STATED ON THIS PLAT ARE TRUE THIS CERTIFICATE IS NOT TO BE CONSTRUED AS AN ABSTRACT OFTITLENOR AN OPINION OF TITLE NOR A OF TIA.TLE AND IT IS UDERSTWD rAKTEE WITHAANY FINANC IALAL OBLIG,ATIONAORNLEIABIC�YWAANTSSOE ER ONSANYSS TAATENENT BE CHARGED F1 , CONTAINED HEREIN. / STgPP - DATED: ,2000. b P,N,wB OOE MINCE HCOUNT PRESIDENT 601 IN HOPKIN TITLE . INC. WI E. HOPKINS A$1 ASHEN, COLORAOD 61611 STATE OF COLORAD01 - ADDRESS '505 N. FIFTH' 1.. COUNTY PIKTIN 1 OF 7 THE FOREGOING TITLE CERTIFICATE WAS ACRNOWLED[ED BEFORE MP THIS DAY OFMESS ,2000 BY MINCE MIENS AS PRESIDENT OF PITKIN .. CONEY TITLE INC. OFFICIAL SEAL ■ TCOMM SS MAID EXPIRES: W COMMISSION ION EXPIRES: P♦W�� NOTARY PUBLIC ►4LR SURVEYOR'S CERTIFICATE I, DAVID W- YCBRIDE, HEREBY CERTIFY THAT IN 1999 6 20W A SURVEY ROWS PERFORIED UNDER MY DIRECTION AND SUPERVISION OF THE HEREON DEk IBED PROPERTY. THE LOCATION AND DIMENSIONS OF THE BOUNDARY LINES BUILDING ENVELOPES, w THE PITKIN C(hNTY TITLE INC. UTILITIES, IMPROVEMENTS EASEMENTS HE P IMRO p r (� LOTS 7 TITLE CES, EDWN PC ARE ACCURATELY SEABN ON THIS YAP. ORDER . ICE-_ DATED _, THAN WITH AN ACCURACY TO 0.WI (% TIE CONTROL SURVEY PRECISION IS GREATERI:IO,OOD TH CRS 1973 TITLE 38, OF AN AN ACRE AND THAT THE SURVEY WAS DIN ACCORDANCE WITH AREA • 6 000 SO.FT.•/- ARTICLE 51 AS AMENDED FROM TIME TO TINE. • 0.13�7 ACRES •/- I SIGNED THIS _ DAY OF 2000. 4 0T I ♦♦� DAV IOW M.BRIDE RLS 16129 ASPEN SURVEY ENGINEERS, INC. 210 S. GALEMA NA S11 ^ ASPEN, CO. 402- i S CITY COUNCIL APPROVAL TN-5 PLAT OF THE CORBIN/BURROWS HISTORIC LANDMARK LOT SPLIT SUBDIVISION EXEMPTION WAS REVIEWED AND APPROVED BY THE CITY COUNCIL OF THE CITY ASPEN ON THIS _ DAY OF 1 2000 AS 0004MANCE NO SERIES OF 2000 AND RECORDED AS RECEPTION NO. O THE REAL ESTATE RECORDS OF PITKIN COUNTY, COLORADO. SIOWED THIS _ DAY OF , 2000. U I ATTEST: O cl RAGNAEL E. RICNMOS. MAYOR KATHRYN S. KOCK, CITY CLERK w CITY ENGINEER'S APPROVAL CITY MONUMENT THIS PLAT OF THE CORONA/BURRONS HISTORIC LOT SPLIT SUBDIVISION EXEMPTION WAS REVIEWED SE BLK 20 AND APPROVED BY THE CITY ENGINEER OF THE CITY OF ASPEN, THIS _ DAY OF , NORZ. CONTROL / 2000. CLUB jCITY EM(i1NEER, NICK ADEN COMMUNITY DEVELOPMENT APPROVAL -�� THIS PLAT OF THE CORBIN/BURROWS HISTORIC LOT SPLIT SUBDIVISION EXEMPTION WAS REVIEWED ANDAPPROVED BY THE DIRECTOR OF THE COMMUNITY DEVELOPMENT DEPARTMENT OF THE CITY OF ASPEN ON THIS DAY OF , 2000. DIRECTOR, JULIE INN WOODS CLERK AND RECORDER'S ACCEPTANCE ACCEPTED FOR RECORDING IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO AT O'CLOCK ON THIS DAT OF 2000 IN PLAT _ —M. BOOT _ AT PAGE AS RECEPTION M WR CLERK AND RECORDER, SILVIA DAVIS PREPARED BY ASPEN SURVEY ENGINEERS. INC. 210 S. GALENA STREET ASPEN, COLO. 61611 PHOE/FAX (9701 925-3816 SHEET I OF I j.b .D. 60558 OCTOBER 2, 2000 1 0 0 square foot bonus to Lot Q bringing its total allowable FAR floor area to 1,340 square feet. The primary purpose of the application is to create two fee simple lots with clearly defined floor area limits for each. To do so, the Condominium map and declarations must be eliminated and replaced with a plat showing the two properties as separate fee simple lots. Ms. Corbin intends to sell Lot Q to Richard Wax and Associates, LLC, and the two parties have entered into a contract to do so; however, the contract is contingent upon, among other things, approval of an historic landmark lot split application with the FAR allocations described above, and recordation of a plat pursuant thereto. With Ms. Corbin s sale of her property, Ms. Burrows is interested in clearly defining her future rights for her own knowledge and understanding, as well as for her new neighbor-to-be's knowledge and understanding. Currently, there is no clear definition of each property owner's rights with respect to one another, not even in the condominium plat or declarations. Because of the language contained in its conditions, it is necessary to vacate/rescind the 1976 Statement of Exemption From the Definition of Subdivision (Exhibit #2) in order to accommodate the proposal made herein. The Agreement was conditioned upon compliance with the following seven (7) ' italicized stipulations, with each followed by a narrative relative to the proposal: 1. "There would be no parceling and conveyance of separate interests in the land." The subsequently adopted lot split and historic landmark lot split provisions of the Aspen Land Use Code render this condition antiquated and, as such, the condition represents an unfair restriction upon the property as compared with similarly situated properties, especially in light of the fact that the owners seek to eliminate the condominium status of the property. The continued existence/enforcement of this condition renders approval of a Landmark Lot Split impossible. The Landmark Lot Split Plat will contain a note explaining that further subdivision of the subject lands is prohibited unless otherwise allowed by virtue of future code amendment(s). 2. "The applicants) ... agree(s), to join any future improvement districts formed for the purpose of constructing street improvements (including sidewalk, curb, gutter or paving) or undergrounding of overhead utility lines, proposed for an area including the ... [subject] property." The co -applicants will agree to .continue the effects of this condition as part of this applications approval. ' 3. "The applicants) ... agree(s) to reimburse the City for his (their) proportionate share of the cost of any improvements should the City of Aspen elect to construct Corbin/Burrows Historic Landmark Lot Split Application Page 7 P PP g i them without the .f a p formation o special assessment district. " The co -applicants, .f PPlicant will agree to continue the effects of this condition as part of this applications approval. 4. "That there be constructed no significant additions to the size of either existing structure. " The co -applicants wish to eliminate this condition, and establish the allowable house sizes as part of the review of this application. With the approval of this application, any and all proposed construction (except interior remodels) will require HPC review and approval. 5. "If the property is redeveloped, it shall be brought into conformity with the then applicable zoning regulations, provided that the applicants) ... may enjoy the benefit of any rights accruing to the nonconforming status of the structures as now or hereafter provided by law. " The ensuing portions of this application demonstrate how the proposal complies with all currently applicable zoning and land use regulations. The property's nonconforming status with regard to minimum lot area per dwelling unit will be effectively eliminated upon approval of the proposal made herein. "That That all of the above conditions be deemed covenants running with h land t e and ' burden the same. " The co -applicants seek to eliminate this condition and replace it with a newly approved City Council Ordinance, a Planning and Zoning Commission Resolution, an Historic Preservation Commission Resolution, and the Historic Landmark Lot Split Plat, all of which will run with the land as covenants burdening the same. 7. "The applicant(s) shall, before the conveyance of any separate interests in the premises, pay the City of Aspen the appropriate subdivision dedication fee required by Section 20-18 of the Aspen Municipal Code. " As the properties have since been conveyed, it is presumed that the appropriate fees have been paid in full. Any fees which may be applicable in the future will be paid if and when due. As explained above, it is necessary to designate the entire property as an historic landmark and complete an historic landmark lot split for this application to work with respect to the requirements of the R-6, Medium Density Residential zone district. The minimum lot size in the R-6 zone is 6,000 square feet for most lots, but 3,000 square feet for lots created through the approval of an Historic Landmark Lot Split. As currently configured, the subject properties comprise one 9,000 square foot lot with one detached dwelling unit and one duplex used as a single residence. Detached residential dwellings and duplexes are both listed as permitted uses in the R-6 zone district. However, the "minimum lot CorbimSurrows Historic Landmark Lot Split Application Page 8 1 0 0 area per dwelling unit" dimensional requirement provides that a detached P g � residential dwelling requires a minimum lot area of 6,000 square feet, while A duplex may be developed on a lot of 8,000 square feet that was subdivided as of April 25, 1975. A duplex may also be developed on a lot of 7,500 square feet that was subdivided as of and annexed subsequent to January 1, 1989. Otherwise, the duplex must be developed with a minimum lot area of 4,500 square feet per dwelling unit, unless the property contains a historic landmark, in which case a duplex or two (2) detached residential dwellings may be developed with a minimum lot area of 3,000 square feet per unit. The existing conditions (a detached dwelling unit and a duplex structure used as a single residence) are nonconforming with respect to the minimum lot area per dwelling unit provisions of the R-6 zone. That is, based on the above, the existing configuration would arguably require a 12,000 square foot lot. Approval of the requested landmark designation and lot split will eliminate this nonconformity by placing the detached residence on a 3,000 square foot lot while creating a 6,000 square foot lot for redevelopment with a duplex or one or two detached residences. The minimum lot area of 3,000 square feet for lots created through the approval of an Historic Landmark Lot Split has always been understood and interpreted to allow a minimum lot area per dwelling unit of just 3,000 square feet in such cases. Since the lot split will not result in any additional density potential, it is believed that no implications exist with regard to the GMQS provisions. Notwithstanding the current lack of GMQS implications, should the structure on Lots R and S ever be demolished for replacement, the redevelopment will be .subject to the terms and provisions of Section 26.470.070(13), as may be amended from time to time. Said provisions require either construction of an ADU of at least 600 net livable square feet, the construction of two ADUs of at least 300 net livable square feet each, payment of an affordable housing impact fee, or iplacement of a resident occupancy deed restriction on the replacement unit(s). rl LA IV. REVIEW REQUIREMENTS Based on the elements of the proposal outlined in the previous section, this application has been prepared (in the order addressed below) pursuant to Sections 26.420.010, 26.480.030(A)(4), 26.480.030(A)(2), 26.470.070(C), 26.415.010(D), 26.415.010(E)(11), 26.415.010(B)(4), 26.425.040, and 26.480.080(C) of the Aspen Land Use Code. Corbin/Burrows Historic Landmark Lot Split Application - Page 9 I A. Section 26.420.010, Standards for Designation iSection 26.420.010 provides that any structure which meets two (2) or more of the following standards may be designated as an Historic Landmark, and satisfaction of three (3) of the standards is demonstrated below. The five standards are provided below in indented and italicized text, and each is followed by a response. A. Historical Importance: The structure or site is a principal or secondary structure or site commonly identified or associated with a person or event of historical significance to the cultural, social, or political history of Aspen, the State of Colorado, or the United States. It is not believed that this standard is met unless Emma Carstens, the original owner of 610 West Smuggler Street, is historically significant with respect to the cultural, social, or political history of Aspen, the State of Colorado, or the United States. B. Architectural Importance. The structure or site reflects an architectural style that is unique, distinct or of traditional Aspen character, or the structure or site embodies the distinguishing characteristics of a significant or unique architectural type (based on building form or use), or specimen. rThis structure is a typical example of an Aspen miner's cottage, thereby reflecting an architectural character that is of distinct, traditional Aspen character. The one-story wood frame house is of more or less rectangular shape, with horizontal wood siding, an asphalt gable roof, a front porch, and a chimney. The house is fairly typical of Late Victorian one-story, wood frame Miner's Cottages from the late 1800s. The scallop -shingled gable end faces the street, and its lower portion contains one large double -hung, principal window in a shallow bay. The bay has a hip roof supported by brackets with beaded trim, and the base of the bay, too, is supported by brackets. A cross -gable runs parallel to the street with a shed -roof porch occupying the corner. There are two entry doors with transoms and a double -hung window under the porch's shed roof. The porch has turned wood posts. ' The house resides in its original location, where it served as the residence of one Emma Carstens. According to the recent update of Aspens Inventory of Historic Sites and Structures (the Inventory), as contained in Exhibit #6, the structure is considered representative of Aspens mining era character because of its size, simple plan, front gable/porch relationship, and the double entry doors. .Since its architecture was found to embody the distinctive characteristics (i.e., building type, period, and method of construction) of Aspens late 1800s silver mining era, the structure itself was designated as a local historic landmark in Corbin/Burrows Historic Landmark Lot Split Application Page 10 P [I Ll 0 1981 via the adoption of Ordinance No. 77 (Series of 1981), included herewith as part of Exhibit #6. This request asks that the entire property now be included as part of the landmark designation. Doing so will, without question, grant the HPC review authority over any and all future proposals for exterior changes to any structure(s) located on the property so as to ensure compatibility with the historically significant structure. C. Designer. The structure is a significant work of an architect or designer whose individual work has influenced the character of Aspen. As explained in the Inventory, the original designer is not known; thus, this standard is not met to the best of our knowledge. D. Neighborhood Character. The structure or site is a significant component of an historically significant neighborhood and the preservation of the structure or site is important for the maintenance of that neighborhood character. West Smuggler Street between North Fifth and Sixth Streets, alone, contains four (4) well-preserved, small miner's cottages and is, therefore, a block that is one of the best and most complete remaining examples of the historic character associated with Aspen's silver mining era. More generally, the subject property is located in Aspen's historic West End neighborhood. The West End contains many historically significant structures scattered throughout, but many have either been demolished or significantly altered over the years. 1 Redevelopment of properties with new, more contemporary structures is prevalent throughout the West End and the subject block, making the guaranteed preservation of each remaining historic structure ever more important with each passing year. Integral to this preservation is the ability to ensure that neighboring structures are designed in a manner that is compatible with and sympathetic to the historic significance of those structures worthy of landmark designation. The ability to ensure such compatibility and consistency is key to the continued survival and preservation of the historic neighborhood character, with regard to both the subject block, specifically, and the West End, in general. - Given the increasing erosion of and threats to the historical character and significance of the West End neighborhood, the designation of the subject property as a whole is of substantial importance for the maintenance of the neighborhood character. That is, by approving this landmark designation request, the HPC will gain review authority over the whole property and, Corbin/Burrows Historic Landmark Lot Split Application Page 11 1 therefore, the ability to ensure compatibility in design, massing and scale for the structure(s) located next door to the subject miner's cottage. E. Community Character. The structure or site is critical to the preservation of the character of the Aspen community because of its relationship in terms of size, location and architectural similarity to other structures or sites of historical or architectural importance. The structure is representative of the modest scale, style, and character of homes constructed in the late 1800's, Aspens primary period of historic significance. This particular house is a strong example of the original appearance and character of Aspens miner cottages. The house is highly consistent with the typical size and architectural characteristics of other Aspen structures or sites of historical or architectural importance. Its location on the subject block and in the West End neighborhood further emphasizes the importance of its preservation with regard to helping to define the historic character of the Aspen community. By designating the entire property as a landmark, an historic landmark lot split is enabled. This, in turn, provides the ability to develop two small-scale detached homes on Lots R and S. If such a development is undertaken, the northwest corner of West Smuggler Street and North Fifth Street will be developed in a manner that is fully consistent with the historic development patterns of the original Aspen Townsite. That is, there would be one relatively small (approximately 1,500 square feet on average), modest residence per 3,000 square feet of land, each with street frontage and alley access. This would be highly representative of the community character type the Planning Department has been trying to encourage. B. Section 26.480.030(A)(4), Historic Landmark Lot Split ' 1. Section 26.480.030(A)(4)(a-c) Section 26.480.030(A)(4), Historic Landmark Lot Split, provides that such requests must meet the requirements of Section 26.480.030(A)(2), Section 26.470.070(C), and the following standards: a. The original parcel shall be a minimum of nine thousand (9,000) square feet in size and be located in the R-6 zone district or a minimum of thirteen thousand (13, 000) square feet and be located in the R-15A zone district. The subject parcel is 9,000 square feet and is located in the R-6 zone district. Corbin/Burrows Historic Landmark Lot Split Application Page 12 i b. The total FAR or both residences shall not exceed the floor area allowed or a .� f .f duplex on the original parcel. The total FAR for each lot shall be noted on the ' Subdivision Exemption Plat. As explained previously, the FAR floor area will be divided as provided below. The term "FAR floor area' is used herein to acknowledge that many types of floor area are exempt from FAR calculations under the current provisions of the Land Use Code, usually making FAR floor area smaller than gross floor area. The original parcel in the current case is-9,000 square feet, and the R-6 zone allows 4,080 square feet of FAR floor area for a duplex on such a lot. The co -applicants desire to divide the 4,080 square feet by allocating 3,240 square feet of FAR floor area to Lots R and S (combined) and 840 square feet to Lot Q provided the HPC grants a 500 square foot bonus to Lot Q bringing its total allowable FAR floor area to 1,340 square feet. A note explaining these allocations is included on the proposed Subdivision Exemption Plat and will be included on the Plat approved for recordation. c. The proposed development meets all dimensional requirements of the underlying zone district. HPC variances and bonuses are only permitted on the parcel that contains a historic structure. No development, per se, is requested in this application. As explained above, it is necessary to designate the entire property as an historic landmark and complete an historic landmark lot split for this application to work with respect to the requirements of the R-6, Medium Density Residential zone district. The minimum lot size in the R-6 zone is 6,000 square feet for most lots, but 3,000 square feet for lots created through the approval of an Historic Landmark Lot Split. As currently configured, the subject properties comprise one 9,000 square foot lot. Detached residential dwellings and duplexes are both listed as permitted uses in the R-6 zone district. However, the dimensional requirement of "minimum lot area per dwelling unit" stipulates that a detached residential dwelling requires a minimum lot area of 6,000 square feet, while 1 A duplex may be developed on a lot of 8,000 square feet that was subdivided as of April 25, 1975. A duplex may also be developed on a lot of 7,500 square feet that was subdivided as of and annexed subsequent to January 1, 1989. Otherwise, the duplex must be developed with a minimum lot area of 4,500 square feet per dwelling unit, unless the property contains a historic landmark, in which case a duplex or two (2) detached residential dwellings may be developed with a minimum lot area of 3,000 square feet per unit. The existing conditions (a detached dwelling unit and a duplex structure used as a single residence) are nonconforming with respect to the minimum lot area per dwelling unit provisions of the R-6 zone. That is, based on the above, the existing configuration would arguably require a 12,000 square foot lot. Corbin/Burrows Historic Landmark Lot Split Application Page 13 1 0 0 I Approval of the requested landmark designation and lot split will eliminate this ' nonconformity by placing the detached residence on a 3,000 square foot lot while creating a 6,000 square foot lot for redevelopment with a duplex, or one or two detached residences. The minimum lot area of 3,000 square feet for lots created through the approval of an Historic Landmark Lot Split has always been understood and interpreted to allow a minimum lot area per dwelling unit of just 3,000 square feet in such cases. Lot Q which contains the historic structure, will not be changed as a result of the proposals made herein. As shown on the Existing Conditions survey, the house on Lot Q is situated just 1.7 feet from the westerly side lot line; a barbecue, a shed, and a fence encroach onto the adjacent lot to the west; and, a trash shed encroaches on the alley right-of-way. All of these conditions will continue for the time being, but with the creation of a new lot line between Lots Q and R, some minor setback nonconformities (i.e., an approximately 4.5' setback instead of the required 5') will be created with respect to the side yard. However, this is an historic house situated on its original location, and some inconsistencies with regard to the dimensional requirements are to be expected. Any future changes to the structures on the property will provide greater compliance with respect to the dimensional requirements and, certainly, will not expand or enlarge the degree of nonconformity. ' The structure on Lots R and S does not currently comply with the rear and side (east) setback requirements of the R-6 zone district. However, the lot split will not create any additional nonconformities. This application requests that the HPC grant approval for the eventual demolition of the non-contributing structure on Lots R and S. If said approval is obtained, the redevelopment of the ' property will comply with all applicable dimensional requirements of the R-6 zone then in effect. 2. Section 26.480.030(A)(2)(a-g) 1 The split of a lot for the purpose of the development of one additional detached single-family dwelling on a lot formed by a lot split granted subsequent to November 14, 1977, is exempt from full subdivision review provided all of the following conditions are met. a. The land is not located in a subdivision approved by either the Pitkin County Board of County Commissioners or the city council, or the land is described as a metes and bounds parcel which has not been subdivided after the adoption of subdivision regulations by the City of Aspen on March 24, 1969; and The property consists of Lots Q R, and S of Block 20 in the original Aspen Tow nsite. The property is not located within a previously approved Corbin/Burrows Historic Landmark Lot Split Application Page 14 1� subdivision, and the lots predate the City's adoption of subdivision regulations. The condominium map of the property does not constitute a subdivision since the property is still effectively treated as one lot under Aspen's land use regulations, and it was approved as an exemption from the definition of subdivision. b. No more than two (2) lots are created by the lot split, both lots conform to the requirements of the underlying zone district. Any lot for which development is proposed will mitigate for affordable housing pursuant to Section 26.100.050(A)(2)(c) [this citation is incorrect and should actually refer to Section 26.470.070(B)]. As explained above in response to standard "c" for Historic Landmark Lot Splits, the proposal calls for creating two lots where only one currently exists. The resulting lots will contain 6,000 square feet and 3,000 square feet, thereby conforming with the dimensional requirements of the underlying R-6 zone district. The minimum lot size in the R-6 zone district is 6,000 square feet, and 3,000 square feet for lots created through approval of an Historic Landmark - Lot Split. Since the lot split will not result in any additional density potential, it is believed that no implications exist with regard to the GMQS provisions. Notwithstanding the current lack of GMQS implications, should the structure on Lots R and S ever be demolished for replacement, the redevelopment will be subject to the terms and provisions of Section 26.470.070(B), as may be amended from time to time. Said provisions require either: 1) providing one free market ' unit and one deed restricted, resident occupied unit with a minimum floor area of 1,500 square feet; 2) providing two free market units and one accessory dwelling unit (ADU) with a minimum floor area of 600 net livable square feet; ' 3) providing two free market units and two ADUs with a minimum net livable floor area of 300 square feet each; 4) providing two deed restricted, resident occupied units; or, 5) paying the then applicable affordable housing impact fee. A note to this effect is included on the proposed Subdivision Exemption Plat for approval prior to recordation. c. The lot under consideration, or any part thereof, was not previously the subject of a subdivision exemption under the provisions of this chapter or a "lot split" exemption pursuant to Section 26.470.040(C)(1)(a) [this citation is incorrect and should actually refer to Section 26.470.070(t)]. The subdivision exemptions provided for in Chapter 26.480 of the Code are: 1) Lot Line Adjustments; 2) Lot Splits; 3) Approved Subdivisions; and 4) Historic Landmark Lot Splits. While the subject property was granted a 1976 exemption from the definition of subdivision in order to allow Corbin/Burrows Historic Landmark Lot Split Application Page 15 L 1 1 1 11 condominiumization, it was clearly never the subject of a subdivision exemption under the provisions of this (26.480) chapter or a lot split exemption. d. A subdivision plat which meets the terms of this chapter, and conforms to the requirements of this title, is submitted and recorded in the office of the Pitkin County clerk and recorder after approval, indicating that no further subdivision may be granted for these lots nor will additional units be built without receipt of applicable approvals pursuant to this chapter and growth management allocation pursuant to Chapter 26.100. A subdivision plat will be reviewed by the Planning and Engineering Departments for approval and recordation within 180 days of final land use approval. The plat will include notes explaining that further subdivision is prohibited unless otherwise allowed by virtue of future code amendment(s), and that any and all additional development must comply with the applicable provisions of the Land Use Code. It will also contain a note describing and referring to the approvals pursuant to which the plat was prepared. e. Recordation. The subdivision exemption agreement and plat shall be recorded in the office of the Pitkin County clerk and recorder. Failure on the part of the applicant to record the plat within one hundred eighty (180) days following approval by the City Council shall render the plat invalid and reconsideration of the plat by the City Council will be required for a showing of good cause. The language of this criterion is understood and the co -applicants will comply. It is the understanding of the co -applicants that the plat and the notes contained thereon will serve as the "subdivision exemption agreement," with no need for a separate document. However, if a separate subdivision exemption agreement is deemed necessary by the City Attorney or City Council, the co - applicants will gladly prepare one for recordation upon the City's approval thereof. f. In the case where an existing single-family dwelling occupies a site which is eligible for a lot split, the dwelling need not be demolished prior to application for a lot split. No dwelling units will be immediately demolished, nor do any dwelling units or other structures span both sides of the proposed lot line. The co - applicants are requesting HPC approval to eventually demolish the non- contributing structure on Lots R and S. Aspen Historic Preservation Planner, Amy Guthrie, has visited the site and determined that the structure on Lots R and S is of no historical significance; she is not opposed to its demolition. g. Maximum potential buildout for the two (2) parcels created by a lot split shall not exceed three (3) units, which may be composed of a duplex and a single-family home. Corbin/Burrows Historic Landmark Lot Split Application Page 16 1 • • The co -applicants propose a total of three (3) units. The existing conditions will continue for the foreseeable future. This application also requests conditional use approval from the Planning and Zoning Commission for the ability to eventually redevelop 6,000 square foot Lots R and S with two detached dwelling units; Lot Q will always contain one detached residence. In June of 1998, the Community Development Director made a formal ' code interpretation finding that the word "may," as used in this standard, is -permissive and means the same thing as "can' or "might:" Thus, the proposal complies with the technical requirements of this standard even if Lots R and S are redeveloped with two detached single-family structures (see 920 West Hallam Street approval). ' C 3. Section 26.470.070( ) Section 26.470.070(C) is the Growth Management Quota System (GMQS) exemption for Historic Landmark Lot Splits, and states that the construction of each new single-family dwelling on a lot created through review and approval of an Historic Landmark Lot Split shall be exempt from the scoring and competition procedures. The exemption is to be approved by the Community Development Director, but is not to be deducted from the respective annual development allotments or from the development ceilings. There are no standards against which to review such exemption requests; however, the exemption only applies if the standards of Section 26.470.070(B)(1) or (2), as applicable, are met. As already agreed herein, should the structure on ' Lots R and S ever be demolished for replacement, the redevelopment will comply with Section 26.470.070(B)(2), as may be amended from time to time, by either: 1) providing one free market unit and one deed restricted, resident occupied unit with a minimum floor area of 1,500 square feet; 2) providing two free market units and one accessory dwelling unit (ADU) with a minimum floor area of 600 net livable square feet; 3) providing two free market units and two ADUs with a minimum net livable floor area of 300 square feet each; 4) providing two deed restricted, resident occupied units; or, 5) paying the then ' applicable affordable housing impact fee. A note to this effect is included on the proposed Subdivision Exemption Plat for approval prior to recordation. The structure on Lot Q is an historic landmark and, as such, will probably never be demolished; otherwise, its redevelopment will comply with Section 26.470.070(B)(1), as may be amended from time to time. J Corbin/Burrows Historic Landmark Lot Split Application Page 17 1 1 [I 1 1 n 1 C� 1 C. Section 26.414.010(E)(11), Demolition Exemption Section 26.414.010(E)(11) provides that the demolition of a structure which does not contribute to the historic significance of an inventoried (or landmarked) parcel is exempt from the standards of Section 26.415.010(E)(7), off -site relocation, and Section 26.415.010(E)(9), temporary relocation. As such there are no specific submission requirements or review standards applicable to the request for allowing the eventual demolition of the non-contributing structure currently located on Lots R and S, Block 20, City and Townsite of Aspen. A description of the structure proposed for demolition is contained in Section II of this application and all other generally applicable submission requirements are provided herein. A Section 26.415.010(B)(4), Minor Development Review Standards In order to request and receive a 500 square foot floor area bonus for the historic structure on Lot Q, we were directed by Amy Guthrie, Aspen Historic Preservation Planner, to address the standards for review of a minor development and provide justification for the requested bonus en route. The standards for minor review are provided below in indented and italicized text, and each standard is followed by a response. a. The proposed development is compatible in general design, scale, site plan, massing and volume with designated historic structures located on the parcel and with development on adjacent parcels when the subject site is in an W,, " Historic Overlay District, or is adjacent to an historic landmark. For historic landmarks where proposed development would extend into front yard, side yard and rear yard setbacks, extend into the minimum distance between buildings on the lot, exceed the allowed floor area by up to five hundred (500) square feet, or exceed the allowed site covered by up to five (5) percent, HPC may grant necessary variances after making a finding that such variation is more compatible in character with the historic landmark and the neighborhood than would be development in accord with dimensional requirements. In no event shall variations pursuant to this Section exceed those variations allowed under Section 26.520.040(B)(2), for detached accessory dwelling units, and The proposed lot split will enable the development of up to three detached units with an aggregate floor area of 4,580 square feet inclusive of the 500 square foot bonus requested herein. When reviewing "Significant Review' applications, the HPC uses the following language as a standard for deciding upon requests for a 500 square foot FAR bonus: "A floor area bonus will only be awarded to projects which in the opinion of the HPC make an `outstanding preservation effort.' Examples to be considered would include [but are not limited to] the retention of historic outbuildings or the creation of a breezeway or connector elements between the historic resource and new construction. Lots which are larger than 9, 000 square feet and properties which receive approval for a `historic landmark lot split' may also be Corbin/Burrows Historic Landmark Lot Split Application Page 18 1 0 0 considered for the bonus. Since the current request is being processed as a Minor Review' and is part of an historic landmark lot split application, Amy Guthrie, ' the Aspen Historic Preservation Planner, waived the need for a work session with the HPC to discuss the merits of the bonus request. "outstanding By completing the proposed historic landmark lot split, an preservation effort" will be guaranteed by: • forever ensuringthat an and all future proposals involving either or Y P P both of the resulting properties will require HPC review and approval; • forever ensuring that the total allowable floor area on the property will be broken up between at least two, if not three, structures; • forever ensuring that the total FAR potential of the historic structure will be only 1,340 square feet, and thereby eliminating the potential for inappropriately sized and scaled additions to the historic structure. • forever ensuring that nobody will be able to apply for additions that would make the historic structure 3,660 square feet as a single-family unit or, worse still, 4,080 square feet as a duplex; • forever ensuring that 3,240 square feet of the site's floor area ' expansion potential will be on the adjacent lot in a form compatible with the historic structure in terms of general scale, site plan, massing and volume; and, • enabling the potential for the 9,000 square foot lot to be developed as three (3) relatively small, single-family detached residences in a manner consistent with the historic development pattern of the original Aspen Townsite. b. The proposed development reflects and is consistent with the character of the neighborhood of the parcel proposed for development, and �I L � 1 f' The West End neighborhood is comprised primarily of single-family detached and duplex structures. The historic pattern of development is alley accessed, relatively small structures on 3,000 (30' x 100') square foot lots. The proposal made herein reflects and is consistent with the historic development patterns and character of the neighborhood. Corbin/Burrows Historic Landmark Lot Split Application Page 19 • • c. The proposed development enhances or does not detract from the historic significance of designated historic structures located on the parcel proposed for development or on adjacent parcels, and Please refer to the narrative provided in response to criterion "a." above, as well as the narratives provided in response the landmark designation standards, also above. ' d. The proposed development enhances or does not diminish or detract from the architectural character and integrity of a designated historic structure or part ' thereof. The proposed development does not affect the architectural character or integrity of any historic structure. Also, please refer to the narrative provided in response to criterion "a." above. IE. Section 26.425.04a Standards Applicable To All Conditional Uses ' Two (2) detached residential dwellings or a duplex on a lot with a minimum area of 6,000 square feet is listed as a conditional use for properties which contain an historic landmark in the R-6 zone district. Section 26.425.040, Standards Applicable to All Conditional Uses, requires that the Planning and Zoning Commission consider whether the following standards are met, as ' applicable: A. The conditional use is consistent with the purposes, goals, objectives and standards of the Aspen Area Community Plan, and with the intent of the zone district in which it is proposed to be located; and The stated purpose of the R-6 zone district "is to provide areas for long-term ' residential purposes with customary accessory uses... Lands in the Medium -Density -Residential (R-6) zone district are generally limited to the original Aspen Townsite, contain relatively dense settlements of predominantly detached and duplex residences and are within walking distance of the center of the city. " The proposal is in harmony with the purpose of the zone district, which is to contain relatively dense settlements of long-term residences. This proposal is consistent with the overall goals and philosophy of the ' Aspen Area Community Plan (AACP). For instance, the AACP promotes density within the already developed areas of the community, and the subject property will provide at least two (2) and up to three (3) dwelling units, not including potential ADUs in the future, on 9,000 square feet of land (approximately 9.7 to 14.5 dwelling units per acre, exclusive of ADUs). The AACP is a character -based plan which seeks to maintain Aspen's community Corbin/Burrows Historic Landmark Lot Split Application Page 20 1 0 0 character through compatibility with historic features. As explained in response ' to the "Minor Review' standards, two detached single-family residential units on a 6,000 square foot lot (one house per 3,000 of land) is representative of the historic development patterns of the West End neighborhood and the original Aspen Townsite, in general. The following specific statements found in the AACP support this ' application: • Managing Growth, Goal "A": "Through the Growth Management System and good land use planning, limit the ultimate population in the Aspen Area in order to preserve the quality of life for residents and enjoyment for ' visitors." This proposal will maintain a relatively high density of residential use but will not generate any increase in population as ' compared with the historic use of the property. • Historic Preservation, Intent: "...to preserve Aspen's irreplaceable historic resources." The landmark designation request will ensure not only the preservation of an irreplaceable resource, but also compatibility in design, size, scale, and massing with the neighboring structure(s) upon its redevelopment. • Historic Preservation, Philosophy: "We must continue to build on what we ' have by authentically preserving historic structures and creating thoughtful new buildings that encourage and shape that feeling of historic continuity.. . Many land use policies that have been implemented defy the traditional ' development pattern in Aspen. We must encourage returning to higher density development within the city limits where appropriate." Again, this ' proposal would enable a return to the historic development patterns of the West End neighborhood while ensuring the preservation of a landmark structure, and a relatively high density of residential use ' will be maintained. ' • Historic Preservation, Goal "H": "Maintain and add innovative ways to make preservation work in Aspen, such as the historic landmark lot split." This application makes historic preservation work through a ' somewhat innovative use of the historic landmark lot split provisions coupled with other provisions of the Code. No purposes, goals, objectives or standards that run counter to or otherwise conflict with the proposal made in this application were found in the AACP. Corbin/Burrows Historic Landmark Lot Split Application Page 21 1 11 1 11 1 1 B. The conditional use is consistent and compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or enhances the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development; and The proposed conditional use is both consistent and compatible with the existing residential development in the immediate vicinity. From a visual perspective, the proposed conditional use would be highly compatible with the historic nature of the surrounding area, as described herein. The density of one (1) dwelling per 3,000 square feet of lot area is consistent with that of the subject block and neighborhood. C. The location, size, design and operating characteristics of the proposed conditional use minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding properties; and As explained in the foregoing, the proposal will help to preserve an historic resource while ensuring that redevelopment of the property would occur in an attractive and appropriately scaled manner. The property is situated in the important West End neighborhood, and will be an asset to its character. The proposed conditional use would ensure human- and pedestrian -scaled homes. In terms of operating characteristics, the proposal involves land situated along an alley. Vehicular access, parking, utility pedestals, and trash areas are/will be located along the alley. The property has historically contained three units, and the affects of the operating characteristics mentioned in this standard will not be increased at all over that which has traditionally been associated with the site. If anything, the adverse nature of such affects will be decreased upon redevelopment For instance, on -site parking (accessed from the alley) will likely be provided where no on -site parking currently exists. D. There are adequate public facilities and services to serve the conditional use including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools; and No significant change in demand for public facilities is expected. E. The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use; and As already agreed herein, should the duplex structure on Lots R and S ever be demolished for replacement (with two detached residences), the Corbin/Burrows Historic Landmark Lot Split Application Page 22 1 1 0 0 redevelopment will comply with Section 26.470.070(B)(2), as may be amended ' from time to time, by either: 1) providing one free market unit and one deed restricted, resident occupied unit with a minimum floor area of 1,500 square feet; 2) providing two free market units and one accessory dwelling unit (ADU) with a minimum floor area of 600 net livable square feet; 3) providing two free market units and two ADUs with a minimum net livable floor area of 300 square feet each; 4) providing two deed restricted, resident occupied units; or, 5) ' paying the then applicable affordable housing impact fee. A note to this effect is included on the proposed Subdivision Exemption Plat for approval prior to recordation. F. The proposed compliesro d conditional use with all additional standards imposed on it by P the Aspen Area Community Plan and by all other applicable requirements of this Title. ' The conditional use complies with all applicable requirements proposed P PP �1 of the Aspen Land Use Code, and consistency with the AACP has been demonstrated above. I F. Section 26.480.080(C), Plat Vacation Section 26.480.080(C) provides that, "Vacation of an approved plat or any ' other document recorded in conjunction with a plat shall be considered a plat amendment, and shall only be approved by City Council if good cause is demonstrated." The 1976 "Statement of Exemption From the Definition of Subdivision' is a document recorded in conjunction with the Smuggler Condominiums Plat. Accordingly, this application requests that City Council approve the vacation of both the Smuggler Condominiums Plat and the 1976 "Statement of Exemption ' From the Definition of Subdivision." These vacations will be necessary as an enabling prerequisite for the proposals made herein. As explained in the beginning of this application, upon obtaining all requested approvals, the Smuggler Condominium Declarations and Plat will be ' effectively vacated and replaced with the approved and recorded Historic Landmark Lot Split Plat and associated approval documents (i.e., resolutions and ordinance). The many reasons as to why enabling this proposal constitutes I "good cause' are demonstrated throughout the foregoing portions of the application, and additional demonstration of "good cause" is provided below. One of the co -applicants, Ms. Corbin, intends to sell Lot Q to Richard Wax and Associates, LLC, and the two parties have entered into a contract to do so; however, the contract is contingent upon, among other things, approval of an historic landmark lot split application with the FAR allocations described above, and recordation of a plat pursuant thereto. With Ms. Corbin s sale of her Split Application Pa a 23 Corbin/BurrowsHistoric Landmark Lot Sp tg 1 1 i 1 ri 1 11 1 property, Ms. Burrows is interested in clearly defining her future rights for her own knowledge and understanding, as well as for her new neighbor-to-be's knowledge and understanding. Currently, there is no clear definition of each property owner's rights with respect to one another, not even in the condominium plat or declarations. The sale contract just described cannot be executed without vacation of the 1976 Statement of Exemption and condominium plat. Section III, The Proposal, of this application describes the terms of the 1976 Statement of Exemption and why it needs to be vacated/rescinded. Section III also explains why there is "good cause" for rescinding the Statement of Exemption and why such rescinding will not have any adverse affects on or consequences for the City. For instance, the first condition has been rendered antiquated by subsequent code amendments and, as such, represents an unfair restriction upon the property as compared with similarly situated properties. The co -applicants will agree to continue the effects of the second and third conditions as part of this applications approval. The fourth condition will be addressed as part of the FAR limits and distribution established by virtue of the Lot Split Plat notes, and by virtue of the fact that any proposed construction will be subject to HPC review and approval. The fifth condition is rendered inapplicable since approval of this application will effectively eliminate the nonconforming status of the existing improvements with regard to minimum lot area per dwelling unit, and any other nonconformities will be eliminated and remedied upon redevelopment. The sixth condition will be replaced in kind with a Plat and its notes, an HPC resolution with conditions, a Planning and Zoning Commission resolution with conditions, and a City Council ordinance with conditions, all of which will run with the land as covenants. The seventh and final condition will be effectively maintained by the Code requirements for payment of applicable fees. c: My Documents/City Applications/Corbin-Burrows Application Corbin/Burrows Historic Landmark Lot Split Application Page 24 EXHIBITS Exhibit #1: Pre -Application Conference Summary Exhibit #2: 1976 Statement of Exemption From The Definition of Subdivision Exhibit #3: Condominium Map of Smuggler Condominiums Exhibit #4: Proof of Ownership Exhibit #5: Letter of authorization for Haas Land Planning, LLC, to represent the owners/co-applicants, and for Richard Wax to act on behalf of Marcia Corbin Exhibit #6: Architectural Inventory Form, and Ordinance Number 77 (Series of 1981) Exhibit #7: List of Property Owners Within a 300 Foot Radius Exhibit #8: Executed Fee Agreement �J U, 1 1 I �J EXHIBIT # 1 1 li 1 J I 1 A 1 [71 L rl 1 1 CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY PLANNER: Amy Guthrie and Fred Jarman DATE: 8/16/00 PROJECT: Burrows / Corbin Historic Landmark Lot Split REPRESENTATIVE: Mitch Haas, Haas Land Planning, LLC OWNER: Anne Burrows and Marcia Corbin TYPE OF APPLICATION: Historic Landmark Lot Split /Landmark Designation /Conditional Use DESCRIPTION: Anne Burrows owns a duplex, Units A and B (Smuggler Condos), on Lots R and S of Block 20 located at 505 North 5 h Street. Adjacent Unit C on Lot Q is owned by Marcia Corbin located at 610 W. Smuggler Street. Lots Q, R and S comprise a parcel of 9,000 square feet. Currently, only Unit C is a designated landmark. The applicant will have to landmark the whole site as part of the historic landmark lot split. The intent of the application is to abandon the condo agreement and subdivide the property into a 3, 000 sq. ft. parcel (Lot Q) and a 6,000 sq. ft. parcel (Lots R and S). Anne Burrows also wishes to have the right to demolish her Pan Abode in the future, and wishes to have the right to construct two single family homes on the 6,000 sq. ft. lot. This is allowed as a conditional use in the R-6 Zone District. Lastly, the applicants wish to dissolve a previous agreement, which requires that no additional development occur as a result of the condominiumization. Step 1: The applicant will be required to have a public hearing before the Historic Preservation Commission (HPC) to conduct 1) the landmark designation, 2) historic landmark lot split, and 3) Exemption from demolition review standards (Section 26.415.010.E.11). The applicant must ask HPC for an exemption asking HPC to verify that the Pan Abode is not considered contributing to the historic significance of the property and to therefore approve its future demolition. The HPC review of the lot split must include a draft plat, and information about how the floor area will be allocated. If the applicants want the 500 square foot Floor Area Ratio (FAR) bonus, they need to claim that they are making an outstanding preservation effort. The applicant will need to be clear about whether they are proposing a single-family house or two detached homes on the 6,000 square foot lot in order to justify the bonus. The draft lot split plat must also include all the notes that they are asking for vested status on, including exact FAR distribution, a note about being able to demo the Pan Abode, and a note about rescinding the old resolution. Step 2: The applicant shall be required to have a public hearing before the Planning & Zoning Commission (P & Z) for the 1) landmark designation and 2) a Conditional Use for 2 detached units on a 6,000 square foot landmark lot. Step 3: The applicant shall be required to have a public hearing before City Council for the 1) landmark designation, 2) historic landmark lot split, and 3) rescinding the old resolution (agreement) on the property. 1 0 0 Land Use Code Section(s) 26.480.030(A)(2) Exemptions for Lot Split 26.480.030(A)(4) Exemptions for Historic Landmark Lot Split 26.480.040(B) Exempt Subdivisions Procedures 26.415.010(D) Historic landmark lot split 26.415.010(E)(11) Demolition 26.425.040 Standards applicable to all Conditional Uses 26.425.050 Review Standards 26.480.060 Application 26.470.070(C) GMQS Exemption for Historic Landmark Lot Split Review by: Staff for completeness, Referral agencies for recommendations, Planning Director for a recommendation to Historic Preservation Commission, Planning and Zoning Commission, and City Council. Public Hearing: Yes, Historic Preservation Commission, Planning and Zoning Commission, and City Council Referral Agencies: Engineering, Zoning Officer Planning Fees: Planning Deposit ($1,155) Referral Agency Fees: Engineering, Minor ($170) Total Deposit: $1,325 (additional hours are billed at a rate of $195 /hour) To apply, submit the following information: r1. Proof of ownership. 2. Signed fee agreement. 3. Applicant's name, address and telephone number in a letter signed by the applicant which states the name, address and telephone number of the representative(s) authorized to act on behalf of the applicant. 4. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 5. Total deposit for review of the application 6. 30 Copies of the complete application packet and maps. HPC = 12; P&Z = 8; CC = 7; Referral Agencies = 1/ea; Planning Staff = 2 7. An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen. 8. Draft Plat including topography and vegetation showing the current status, including all easements and vacated rights of way, of the parcel certified by a registered land surveyor, licensed in the state of Colorado. Contact Engineering Department if more specifics are needed. 920.5080. 9. 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. Please include existing conditions as well as proposed. Please refer to the review standards in the application. 1 I A ri I 1 1 I 11 EXHIBIT # 2 11 AUG.14.2000 12:44PM STEW*ITLE ASPEN • REcorded At 9:20 A4 April 16, 1976 n1ception no STATEMENT OF EXEMPTION FROM THE DEFINITTON OF SUBDIVISION NO.749 P.6 Julie Hone REcorder 0-- WHEREAS, ANDIR.FW PEABODY (is) (are) the ^�owner(s) of the following described property located in Pitkin County, Colorado, to wit: All of Lots Q, R and S of Block 20 of the City and Townsite of Aspen, and WHEREAS, said owner(s) has (have) applied, pursuant to the provisions of Section 20-19(b) of the Aspen Municipal Code, for an exemption from the definition of subdivision for the condominiumization of (or entry into a joint use agreement for) the residential structures on said premises; and subsequent conveyance of two separate interests in the structures, and further, the condominiumization of the existing duplex on the Premises, and WHEREAS, the Aspen Planning and Zoning Commission dial, at its meeting held March 16, 1976, determine that this proposed conveyance is without the intents and purposes of subdivision regulation pro- vided that: 1. There woulu occur no parceling and conveyance of separate interests in the land. 2. The applicant(s) for himself (themselves), his (their) heirs, successors and assigns agree(s), to joint any future improvement districts forced for the purpose of con- structing street improvements (including sidowalt:, curb# guL-ler. or pavirtz't- or undergrounaing of overhead utility lines, yro- posed for an area including the above -describes property. 1. The applicant(s), for himself (themselves), his (their) heirs, :successors and assigns, agree(s) to raimburaa the City for his (their) proportionate share of the cost of any of t1we above improvemonts should the City of Aspen elect to construct them without the formation of a spociai assessment district. LJ 1 I I 1 1 11 I A. That there be constructed no significant additions to the size of either existing structure. 5. If the property is redeveloped, it shall be brought into conformity with the then applicable zoning regulations, provided that the applicant(s), his (their) heirs, successors and assigns, nay enjoy the benefit of any rights accruing to the nonconforming status of the structures as now or hereafter provided by law. 6. That all the above conditions be deemed covenants running with the land and burden the same; and WHEREAS, the City Council, at its meeting held March 22, 1976, did consider the requested exception, did agree that an exception is appropriate, and did grant the same subject to certain conditions. _ _.. THEREFGM, -PLEASE TAKE NOTICE that the City Council of the City of Aspen, has granted an exemption from the definition of sub- division for the condominiumization of (or entry into a joint use agreement fox) and conveyance of separate interests in the existing residential structures, and, further, the condominiumization of the existing duplex, located on the following described property situate in Pitnin County, Colorado, to wit: All of Lots Q, R and S, Block 20, City and Townsite of Aspen. PLEASE TAKE FURTHER NOTICE, that such grant of exception is conditioned on compliance by the applicant(s) his (their) heirs, successors and assigns of the six conditions imposed by the Aspen Planning a6d-Zoning Commission, hereinabove described, AND PROVIDED FURTHER that the applicant(s) shall, hefore the conveyance of any separate interests in the premises, pay the City of Aspen the appropriate subdivision dedication fee requirttd by Section 20-18 of the Aspen Municipal Code. late: March 24, 1976 - -- TA4 �S"]'A14OL ±Y , i y l�1 ON I, KATIIRY4. S. 11AUTFR, City +Cl rk of tWCity Of, pan. Colorado, do hereby certify that the f ragaing exception from the 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 MUki. 114 . C-UU J 1G • 4DM'I 5 I LWML I 1 I LE RDHLN NO.749 P.e f. 8 definition of subdivision was granted by the Aspen City Council at I its regular meeting held March 22, , 1976. , t KATHRYN SCITY CLERK STATE `OF ;;g4LORADO ) COUNTY OF PITKIN ) The foregoing was acknowledged before me this 29th day Of March , 1976, by STACY STANDLEY, III and KATHRYN S. HAUTER, tgayor and City Clerk, respectively of the City of Aspen, Colorado. *.fitness my hand and official seal. Notary Pub X My Commission expires: Aug. 20, 1978 r ,� '.c', • ,11 Cn'' 1 I EXHIBIT # 3 I 1 L 11 0 1 0 t __ 1 1 1 1 1 1 1 1 1 1 1 1 GQ IKS OD QD PU El M, R W f WR NU/%ED (E 0 rw RD a � El RJ a zi 1� s IWO EX15-rlf'Jr, ONE: STORY W.O. HOW ffl SII(J^-rF-D ON LOTS q. R, - 5 GLOCK 20 CITY OF AAPEfJ, 577AYE OF COI.&RAEVO LOT q IS L.C. E. LOT5 R - 5 ARE L.C.E. 'C.E. roR UNIT C r,R UNITS A + (3 5 75*09'If- EF A "f ON.1 E 5T7Ky PANAMODE 1.)VPLFX ON I"r- A A (MAIN rLOOM i- 6r-,5EMENT) orHI v ONE Ae.. STORY IF rRAMF HOUSE 1.1141 r A 3.00n. 5 7 V) 1 0 0 I 1 1 f] a U 1 d 1 I EXHIBIT # 4 L� i n 1 I 1 I I 1 Recorded at. ..................=.11......o'clock....f�... hf', _..... APrj.l. 16.t...197G.. ITms DEED, Made this nay or between AiJDREW PEABODY ,1976 tS' 11otLue County of Adams and State ofj!gcgtitStOL'dcf tt�ilp�rat part, and AIJNE W. BURROWS and MARCIA A. COR);IN, as tenan of the County of P i tk i n and State of C clorado, ^f the ..cecnd past: STaTi DOCWIAAY Fff nni2 1 j nlilU s in common WITNESSETII, That the said party of the first part, for and in consideration of the sum of TEN DOLLARS 010.00) and other good and valuable consideration =xmAcl:9c tb the said party of the first part in hand paid by said part leS of the second part, the receipt whereof is 9ereby confessed and acknowledged, has granted, bargained, sold and conveyed, and by these presents does � !rrnt, hargsin, sell, convey and confirm, unto the said partlCS of the second part�.'1ei_rheira and assigns for. suer, all the following described lot or parcel of land, situate, lying and being in the County of Pitkin and State of Colorado, to wit: Lots Q,-R, and S, Block 20, CITY AND TC:•;NSITE OF ASPEN TOGETHER with all and singular the hcredi&imonte and appurtenances thereto belonging, or, in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, Sntnront, claim part Ammnnd whntsnovnr of the enid patty of the first part, either In law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the said part ieS of the saeoad parttheir heirs and assigns forever. And the said party of the first part, for him self ,his heirs, executors, and administrators, does covenant, grant, bargain, and agree to and with the said partiP-; of the Mond and assigns, that at lice time of the enscaiing and delivery of these presents, he 1S Well seined of the premises above conveyed; Rs of good, sure, perfect, absolute and Indefeasible estate of inheritance, in lsw, in fee sIraplc, and ha S good right, full power and lawful authority to grant, bargain, sell and convey the acme in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and encumbrances of whatever kind or nnturesoevcrr, EXCEPT general taxes for 1976, payable in 1977; and the abwr.h+r�ajnrrl prcmi.a• in the quiet and peaceable possession of the said partle5 c` the second part, their heirs and assigns against all and every person or persons ]awfully claiming or to clrim the whole +iz any part thereof, the said party of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WIIEItEOF, the said part y of the first part has hereunto set his h—id IIIl/t YPwt Ii.s .is• and j L.ar i7w.t a{. ^. •.. .!'r:tt: n. n - ...............(SEAL) .... . .............................. ....................................................... Andrew Peabody n..................................�.................... ......................(SEAL) ..................... STATE JOS. OFT� /� County of c��'x-,S 1:1e foregoing instrument was acknowledged before me this 19 7G , by ANDREW rEADODY My commission expires r'. .._............................................. (SEA L) day of 19 7l . Witnessmy hand 'aui; ufl'icial,>:caf: �i,�i_. �../ %�� <.I�_.'�ci` ,• �``` Cam`. .. l-7 u L� 1 El I I 1 1 EXHIBIT # 5 1 0 0 City of Aspen Community Development Dept. 130 S. Galena Street Aspen, CO 81612 RE: Burrows/Corbin Historic Landmark Lotsplit Application To whom it may concern: hereby authorize Haas Land.Planning, LLC,_to act as our_designated and authorized representative with respect to the land use application being submitted to your office for our properties located at 600 and 610 West Smuggler Street. Mitch Haas is authorized to submit an application for an Historic Landmark Lot Split, Landmark Designation, Conditional Use, Vacation of 3-24-76 Exemption From 1 Subdivision Agreement, and such other approvals as may be required affecting our properties. He is also authorized to represent us in meetings with City of Aspen staff, the Planning and Zoning Commision, the HPC, and the City Council. Should you have any need to contact us during the course of your review, please do so through our representative, Haas Land Plannig, LLC, whose address and telephone number are inicuded in the application. By: Anne Burrows,Owner 600 West Smuggler St. ( 99 ) 505 North 5th Street Aspen, CO 81612 By: Marcia Corbin, Owner (610 West Smuggler St.) P.O. Box 9312, Aspen, CO 81612 P 00: Richard Wax Aspen, CO August 25, 2000 Dear Richard, This is a letter to authorize you to negotiate with Anne Burrows, Mitch Maas, and the City of Aspen on my behalf ( as Buyer of the property known as 610 West Smuggler St., Aspen, Colorado a/k/a Unit C Smuggler Condominiums Lot Q, Block 20, City of Aspen, Cwicrado; for an Kz5tor;c Landmark Lotsplit under the terms cf the «greeimert found in Addendum A to the Agreement to Amend/Extend Contract dated August 22, 2000 between Richard Wax and Marcia Corbin, S inceralyy f Marcia A. Corbin P.Q. Box 9512 Aspen, CO 61612 t ' d S31ti I OSSH dd9tii" WH2tb : i i 00, iS OR: I 1 I i� ii I 1 a 1 EXHIBIT # 6 SEP-06-2000 WED 02:03 PM FAX NO, 0 P. 02 OAHP 1403 Rev. W98 COLORADO CULTURAL RESOURCE SURVEY Architectural Inventory Form (page 1 of 4) Official eligibility determination (OAHP use only) Gate Inibals Detenruned Eligibie- NR Deterrnincd Not Eligible,- NR Deter* nod &9iW- SR Deiermiroed Not Eligibie- SR Need Data Caitnbuks to d4ble NR District Noncontributing to cGgible NR District I, 1DENTiFICAT1QN 1. Resource number. 5PT.29 2. Temporary resource number: 610.WSM (610.WS) 3. County: !itkin 4. City: Aspen 5. Historic building name: 6. Current building name: 7. Building address: 610 West Smuggler Street Aspen Colorado 81611 includes 505 N. 5"' St 8. Owner name and address: Marcia A. Corbin PO Box 9312 Aspen, CO 81612 Anne Ibbotson 505 North 5"' St. Aspen CO 81611 II. Geographic Information 9. P.M. 6 _Township 10 South Range 85 West SW V4 of NE 1A of _ NW I/, of SE t/, of Section 12 10. UTM reference Zone 1 3 "--.3---4- 2 1 _5 _Q_mE 4 3_� �_ _6 0 mN 11. USGS quad name: Aspen Quadrangle Year: 1960, Photo Rev. 1987 Map scale: 7.5' X 15, Attach photo copy of appropriate reap sdction. 12. Lot(s):—Units A. B. C: Smuggler Condominiums Block: 20 Addition: Year of Addition: 13. Boundary Description and Justification: Site is comprised of Units A B. Q Smuggler Qgndoininiums Block 20 of the City and Townsite of Aspen. Assessors office Record Numbers! 2735-124-05-010 4-012 This description was chosen as the most slapcific and customary description of the site III. Architectural Description 14. Building plan (footprint, shape): Rectangular 16. Dimensions in feet: Length x Width 16_ Number of stories: One story 17. Primary external wall material(s) (enter no more than two): _Horizontal Wood Siding 18. Roof configuration: (enter no more than one): Gable Roof 19. Primary external roof material (enter no more than one): Asphalt Roof 20. Special features (enter all that apply): Porch Chimney ISEP-06-2000 WED 02:03 PH 0 FAX N0, 0 P. 03 Resource Number: 5PT.279 Temporary Resource Number: 610.WSM Architectural Inventory Form (page 2 of 2) 21. General architectural description' A typical single story wood frame Miner's Cottage. A gable end facing th stet with a single large double hung, in a shallow bay, as the orindual window. The bay has a hip roof supported by brackets with beaded trim, the base of the bay is also supported by brackets. A cross gable runs parallel to the street with a shed roof porch infilling the comer. Two entry doors with transoms, and a double hung window are located under the porch roof, The two entry doors typical of this type. are both existing. Wood horizontal siding with scalloped shingles in the gable end_ Porch has turned wood posts Windows appear to be original A shed addition has been made to the rear of the building. 22. 23. Architectural style/building type: Late Victorian Landscaping or special setting features: Simple front yard landscape defined by lilac shrub on east side and foundation shrub plantings and straight entrywalk Original sandstone carriage step serves as step down into the yard. 24. Associated buildings, features, or objects: none IV. Architectural History 25. Date of Construction: Estimate Actual 1890 Source information: of Pitkin County Assessor 26. Architect: Unknown Source of information: 27. Builder/Contractor: Unknown 1 28. 29. Source of information: Original owner: Emma Carstens Source of information: Pitkin County Assessor Construction history (include description and dates of major additions, alterations, or demolitions): Sinale story shed addition at rear with contemporary window openings new metal flue• dates unknown 30. Original location XMoved Date of move(s): V. Historical Associations 31. Original use(s): Domestic 32. Intermediate use(s). 33. Current use(s): Domestic 34. Site type(s): _ Residential Neighborhood 35. Historical background: This strucp;entative of Aspen's minipa era char, er The building represents a typical type known locally as the "Miner's Cottage' characterized by the size simple plan the front gable / porch relationship and t_h_e_ double entry doors. SEP-06-2000 WED 02:04 PM • FAX NO. is P. 04 Resource Number: 5PT.279 Temporary Resource Number: 610.WSM Architectural Inventory Form (page 3 of 3) 36. Sources of information: Pitkin County Courthouse records: Sanborn and Sons Insurance Mal)$, 1990 and 1980 City of Ashen Survey of Historic Sites and Structures VI. Significance 37. Local landmark designation: Yes X No _ Date of designation: 1981 Designating authority: Aspen City Council ' 38. Applicable National Register Criteria: A. Associated with events that have made a significant contribution to the broad pattern of our history; B. Associated with the lives of persons significant in our past: X C_ Embodies the distinctive characteristics of a type, period, or method of construction, or represents the work of a master, or that possess high artistic values, or represents a significant and distinguishable entity whose components may lack individual distinction; or D. Has yielded, or may be likely to yield, information important in history or prehistory. Qualifies under Criteria Considerations A through G (see Manual) Does not meet any of the above National Register criteria 39. Area(s) of significance: Architecture 40. Period of significance: Late 1800's Silver Minina Era 41. Level of significance: National State Local X 42. Statement of significance: -Chi4_structure- is significant for its position in the context of Asoen's mining era It describes the nature of the life of an average family or individual during that oeriad as well a,$ 1 43. the const(urtion tachniaLles. materials available and the fashion of the tqrne, Assessment of historic physical integrity related to significance: The house is intact In its original context and form. All alterations have been done in the rear and are not visible from the street VII. National Register Eligibility Assessment 44. National Register eligibility field assessment: Eligible X Not Eligible Need Data 45_ Is there National Register district potential? Yes _, No X Discuss: If there Is National Register district potential, is this building: Contributing Noncontributing 46. If the building is in existing National Register district, is it: Contributing Noncontributing Vlll. Recording Information 47. Photograph numbers: R3. F21 Negatives filed at: Aspen/Pitkin Community Development Dept. SEP-06-2000 WED 02:04 PM 0 FAX NO. • P. 05 Resource Number: 515T.279 Temporary Resource Number: 610.WSM Architectural Inventory Form (page 4 of 4) 48, Report title: City of Aspen Update of Survey of Historic Sites and Structures. 2000 49, Date(s): 6/29/2000 50. Recorder(s). Suzannah Reid and Patrick Duffield 51. Organization: mid Architects 52. Address: 412 North Mill Street, PO Box 1303, Aspen CO 81612 53. Phone number(s): 970 920 9225 NOTE: Please attach a sketch map, a photocopy of the USGS quad. map indicating resource location, and photographs. Colorado Historical Society - Office of Archaeology & Historic Preservation 1300 Broadway, Denver, CO 80203 (303) 866-3395 1 1 1 1 t 1 1 1 i 1 i i RF.CCRDFD AT 3:16 P.M. ' 23 DECErBER,1991 LORETTA BANNER,RECORDER 23'7938 RECORD OF PROCEEDINGS 100 Leaves ORDINANCE 140. (Series of 1981) AN ORDINANCE ACCORDING TO SECTION 24-9.7 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN FOR DESIGNATION OF HISTORIC STRUCTURES WHICH ARE LISTED N THE INVENTORY OF HISTORIC SITES AND STRUCTURES FOR THE CITY OF ASPEN, COLORADO WHEREAS, by Resolutions No. 81-7 and 81-9 the Historic Preservation Committee has reconuaended to the City Council that certain structures be designated historic and a suffix of "H" be attached to the zoning of these properties and the real estate records, and WHEREAS, these structures are listed in the 1980 Inventory of Historic Sites and Structures for. the City of Aspen, Colorado, and WHEREAS, the owners of these properties have requested designation through written replies to the Planning Office, and WHEREAS, the Historic Preservation Committee has reviewed these sites and/or structures based on the guidelines and standards in Section 24-9.3 of the Aspen Municipal Code and found them to be worthy of historic designation, NOW, THEREFORE, BE IT ORDAINED CITY OF ASPEN, COLORADO: BY THE CITY COUNCIL OF THE Section 1 That the followiny list of sites and/or structures at these addresses be granted historic designation and the suffix oL "11" be attached to their zoning and real estate records: 319 N. 4th 3U5 W. Smugyler. 350-Gillespie 218 N. Monarch 205 S. Third 715 W. Smuggler. 533 E. Main St. 320 Lake Avenue Al E. Hallam 210 W. Lake Avenue 333 W. Bleeker. 500 North Street 413 E. Hyman 400 W. Smugyler. 135 E. Cooper 432 W. Francis 135 W. Francis 131 W. Bleeker. 222 W. Hopkins li3 E. Hopkins 121 N. Fifth 513 W. Smuggler. 513 W. Bleeker 610 W. Smuggler, Unit C 1 RECORD OF PROCEEDINGS 100 Leaves Section 2 If any provision of this ordinance or the application thereot to any person or circumstance is held invalid, such invalidity shall not affect other provisions or application of the ordinance the invalid or appli- which can be given effect without provision cation, and to this end the provisions of this ordinance are declared to be severable. Section 3 That a public hearing be geld on this ordinance on the day of 1981, at 5: 00 P.M. in the City Council Chambers, Aspen City [call, Aspen, Colorado, fifteen (15) days prior to which hearing notice of the same shall be published once within a newspaper of general circulation within the City. INTRODUCED, READ AND URDERED published as provided by law by the City Council of the City of Aspen, at its regular ,CColorado, meeting held at the City of Aspen on 1981. 1 _ - J a Susan E. Michael Mayor Pro Tem ATTEST: Kathryn S. eh, City Clerk FINALLY adopted, passed and approved on the -L�day of i �r 1981. A c .s ATTf'ST: 11erman Edel, Mayor. , Kathryn,S: -h, City Clerk L� 1 1 1 1 1 1 1 1 1 1 1 1 1 1 i 1 1 i RECORD OF PROCEEDINGS goov,418 100 Leaves j STATE OF COLORADO ) CERTIFICATE COUNTY OF YITKIN ) I, Kathryn S. Koch, City Clerk of Aspen, Colorado, do hereby certify that the above and foregoing ordinance was introduced, read in full, and passed on reading at a regular meeting of the City ouncil of the - C_ I I City of. Aspen on ,_,,I -I 1.9 L', and published in the Aspen Times a weekly newspaper of general circul- ation, published in the City of Aspen, Colorado, in its C_ issue of Z�E7x.e�yy� / 19 s//, and was finally adopted i and approved at a regular meeting of the City Council on li!✓�C_?Q� t��¢, 19 ,Fand ordered published as Ordinance No. _-�7' Series of 1' 8/, or said City, as provided by law. IN WITNESS WHEREOF, I have hereunto set m1 hand and the seal of said City of Aspen, Colorado, this �� day of iQl% 19 —._— Kathyrnf.'och, City Clerk Deputy City Clerk 1 0 0 1 1 EXHIBIT # 7 1 11 109 CORPORATION • A COLORADO CORPORATION BASS RAIFIEL I 0 BOX 1819 606 E HYMAN �SPEN, CO 81612 ASPEN, CO 81611 LANK ROBERT S & NANCY L BROOKS LAURENE B /0 WHITCOMB PARTNERS SHERIDAN SUSAN B 110 W 51 ST ST ROOM 4310 421 DETROIT ST FEW YORK, NY 10020 DENVER, CO 80206 ORBIN MARCIA A CROWN TAPPER PATRICIA 0 BOX 9312 5 POLO CLUB DR ASPEN, CO 81612 DENVER, CO 80209 1 FOX SAM LLIOTT ELYSE A FOX MARILYN t10 NORTH ST 7701 FORSYTH BLVD STE 600 SPEN, CO 81611 CLAYTON, MO 63105 lHAGERMAN PASS EQUITY VENTURE HALL CHARLES L LLC t/0 LEONARD WEINGLASS AS BOX 1819 O O BOX 11509 ASPEN, CO 81612 ASPEN, CO 81612 IHARMAN ANDREW J HELZBERG SHIRLEY BUSH TRUSTEE 563 HOMER AVE QUALIFIED PERSONAL RESIDENCE ALO ALTO, CA 94301 TRUST 5805 MISSION DR SHAWNEE MISSION, KS 66208 tOFFMAN JOHN L IBBOTSON ANNE B 1035 W 57TH ST 505 N 5TH ST KANSAS CITY, MO 64113 ASPEN, CO 81611 1 JDG LLLP KOEHLER DAVID R TRUST W63 E GORE CREEK DR 618 W SMUGGLER ST AIL, CO 81657 ASPEN, CO 81611 LEWIS ADAM LEWIS TOBY D C/O KATHLEEN HONOHAN @NATIONAL 18930 S WOODLAND RD CITY BANK SHAKER HEIGHTS, OH 44122 1900 E 9TH ST LOC 2030 CLEVELAND, OH 44114 ILUETKEMEYER JOHN A JR & SUZANNE MAC CARTHY LYNDA M F 50% 626 W FRANCIS ST 1SCHREIBER EUGENE H & STANFORD D 50% ASPEN, CO 81611 17 W PENNSYLVANIA AVE TOWSON, MD 21204 1 BERLINER ARTHUR S C/O WALDEN 750 BATTERY ST #700 SAN FRANCISCO, CA 94705 CHRIST EPISCOPAL CHURCH 536 NORTH ST ASPEN, CO 81611 DOREMUS FAMILY LTD PARTNERSHIP LLLP 85 GLEN GARRY DR ASPEN, CO 81611 GOLDSMITH BARBARA L 1021 PARK AVE NEW YORK, NY 10021 HARDER JAMES B & DELLA 1/2 INT 2001 KIRBY DR STE 1220 HOUSTON, TX 77019 HEWETT CHRISTOPHER PO BOX 2577 RANCHO SANTA FE, CA 92067 ISRAEL CHARLES B PO BOX 11689 ASPEN, CO 81612 LANGENKAMP FAMILY REVOCABLE TRUST 1/2 633 NORTH ST ASPEN, CO 81611 LOWREY JAMES E JR TRUSTEE 1390 ENCLAVE PKWY HOUSTON, TX 77077-2025 MARKALUNAS JAMES J & RAMONA 1 624 W NORTH ST ASPEN, CO 81611 IMAROLT MAXWELL S PO BOX 1013 JASPEN, CO 81612 tXLEY DEBBY M 50% 1300 WILLIAMS TOWER I TULSA, OK 74103 ILVERMAN JACK E 12 W FRANCIS ST ASPEN, CO 81611 WEST END III PARTNERSHIP LLC t20 W FRANCIS ST SPEN, CO 81611 1 • MCLEAN CHARLES M PO BOX 11687 ASPEN. CO 81612-9478 PLENK HENRY P & AGNES M 875 DONNER WAY 1403 SALT LAKE CITY, UT 84108 SMALL ALBERT H & SHIRLEY S 7116 GLENBROOK RD BETHESDA, MD 20814 WEST SMUGGLER LOT SPLIT LLC C/O LEONARD WEINGLASS PO BOX 11509 ASPEN, CO 81612 MCCARTY DANIEL L PO BOX 4051 ASPEN, CO 81612 • MUSGRAVE MARJORY M 629 W NORTH ST ASPEN, CO 81611 POPE WILLIAM H 540 W SMUGGLER ASPEN, CO 81611 SMITH CHRISTOPHER H & LESLIE M 234 WEST HOPKINS AVE ASPEN, CO 81611 WHIPPLE RALPH U & LYNNE C 855 GIBSON AVE ASPEN, CO 81611 SALTER JAMES P O BOX 765 BRIDGEHAMPTON, NY 11932 j 11 1 �l EXHIBIT # 8 I SEP-29-2000 FRI 09:57 AM , FAX N0, • P. 03 7 ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development Application Fccs ' CITY OF ASPEN (hereinafter CITY) and f V, (hereinafter APPLICANT) AGREE AS FOLLOWS: APPLICANT� has submitted to CITY an a plication for _ -d � r� 1�'Y166YtJB3�aif l • 1 i i��pr ai.-�w'E/ (hereinafter, THE PROJECT), Cre1f 1 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 43 (Series of 1999) establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness_ 3. APPLICANT and CiTY agree that because of the site, nature or scope of the proposed project, it is not passible at dtis time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CiTY further agree that it is in the interest of the parties that APPLICANT make payment of an ' initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following dwirhearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CI*IY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty Of Tecove:ring its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CI1Y staff to complete ' processing or present suflicient information to lie Planning Conunission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. I ] 11 1 I I 1 1 5. Thcrtfore, APPLICANT agrees that in consideration of the CiTY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the arnount of $ 1, S26- 06 which is for �IX&X hours of Community Development staff time, and if actual recorded ants exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processin4 of the application mentioned above, including post approval review. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no cast will building permits be issued until all costs associated with case processing have been paid CITY OF ASPEN By:_- - Julie Ann Woods Cottlmunity Development Director g:Lsu pporttformslagrpayas.doc 12/27/99 Mailing Address: 4�E�Il�L C } (�� in (�� ��/] (� (C�J (� ,No p�y 3 r_ L J(�j C� �j i,�! C� r� I� ll �J Q V V IJ�lI IT11 lTllK LOT 1, {7 l_r LOTS 0, R & S, BLOCK 20, CITY AND TOWNS I TE OF ASPEN, l ] I' FORMERELY KNOWN AS CONDOM I N I UM UN I TS A B& C SMUGGLER CONDOM I N I UM§ ACCORDING TO THE CONDOMINIUM MAP FOR SMUGGLER CONDOMINIUMS RECORDED APRIL 16 1976 IN PLAT BOOK 4 AT PAGE 597 AS RECEPTION NO. 182632 AND AS DEFINED AND DESCRIBED IN THE CONDOMINIUM DECLARATION FOR SMUGGLER CONDOMINIUMS RECORDED APRIL 16, 1976 1N BOOK, 310 AT PAGE 843 AS RECEPTION NO. 182931 CITY OF ASPEN, PITKIN COUNTY, COLORADO z., M ST `"j. l L77 I�Y�r,lt I ACV Si 4, ( i �. ti• 1J' jvl /i : / 7 /c'ii- �,t�0 � _ l ,1� - C..i � J ; `•! % VICINITY MAP LEGEND & NOTES SCALE 1 INCH - 10 FEET O FOUND SURVEY MONUMENT REBAR WITH CAP AS NOTED 9 SPIKE OR P-K NAIL SURVEY CONTROL 0 5 10 15 20 STEWART TITLE OF ASPEN, INC. TITLE COMMITMENT ORDER NO. 00026643 DATED OCT. 07, I999 WAS USED IN THE PREPARATION OF THIS SURVEY POSTED ADDRESS IS -0610 WEST SMUGGLER STREET- -- WOOD FENCE ❑ UTILITY BOX CALLS IN ( ) ARE RECORD FROM THE CONDOMINIUM MAP PLAT BOOK 4 AT PAGE 597 SET NEW LOT LINE CORNER NO. 4 REBAR WITH RED CAP 016129 ZONING IS R-6 CITY MONUMENT SW BLK 20 PLAT NOTES I. THIS LANDMARK LOT SPLIT PLAT HAS BEEN PREPARED PURSUANT TO AND IN ACCORDANCE WITH CITY COUNCIL ORDINANCE NUMBER _ (SERIES OF 2000_) PLANNING AND ZONING COMMISSION RESOLUTION TION NUMBER AND HISTORIC PRESERVATION COMMISSION RESOLUTION NUMBER OLU __• THE LANDS AFFECTED BY AND PLAT ARE SUBJECT TO THE TERMS AND CONDITIONS OF SAID APPROVALS AND BY ALL APPLICABLE LAND USE REGULATIONS OF THE CITY OF ASPEN. THE TERMS AND CONDITIONS OF SAID APPROVALS AND OF THIS PLAT SHALL RUN WITH THE LAND AS COVENANTS BURDENING THE SAME. 2. THE 3 000 SQUARE FOOT LOT IS ENTITLED TO 1,340 SQUARE FEET OF FAR FLOOR AREA (840 SOUARE FEET PLUS 500 SQUARE FEET AWARDED BY THE HPC AS A BONUS), AND SUBJECT TO HPC REVIEW AND APPROVAL FOR ANY PROPOSED CHANGES TO THE EXTERIOR OF THE EXISTING STRUCTURE. 3. THE 6}000 SQUARE FOOT LOT HAS THE RIGHT TO DEMOLISH AND REPLACE THE EXISTING STRUCTURE WITH CITHER A SINGLE FAMILY RESIDENCE, A DUPLEX OR TWO DETACHED SINGLE-FAMILY RESIDENCES (SUBJECT TO HPC REVIEW AND APPROVAL) WITH AN ALLOWABLE AGGREGATE OF 3,240 SQUARE FEET OF FAR FLOOR AREA. 4. THIS HISTORIC LANDMARK LOT SPLIT PLAT SUPERCEDES AND REPLACES THE CONDOMINIUM MAP FOR SMUGGLER CONDOMINIUMS RECORDED APRIL 16, 1976 IN PLAT BOOK 4 AT PAGE 597 AS RECEPTION NUMBER 182932. FURTHER, SAID CONDOMINIUM MAP SHALL BE VACATED AS WILL THE ASSOCIATED CONDOMINIUM DECLARATION RECORDED APRIL 16, 1976 IN BOOK 310 At PAGE 843 AS RECEPTION NUMBER 182931. 5. NO FURTHER SUBDIVISION OF THE LANDS DEPICTED HEREON SHALL BE PERMITTED, UNLESS OTHERWISE PERMITTED BY VIRTUE OF SUBSEQUENTLY ADOPTED CODE AMENDMENTS. 6. ANY FUTURE CHANGES TO THE STRUCTURES ON LOT 0 WILL PROVIDE GREATER COMPLIANCE WITH RESPECT TO THE DIMENSIONAL REQUIREMENTS OF THE R-6 ZONE DISTRICT THEN IN EFFECT. 7. THE REDEVELOPMENT OF LOTS R AND S WILL COMPLY WITH ALL APPLICABLE DIMENSIONAL REQUIREMENTS OF THE R-6 ZONE THEN IN EFFECT. 8. IF THE STRUCTURE ON LOTS R AND S IS DEMOLISHED FOR REPLACEMENT THE REDEVELOPMENT WILL BE SUBJECT TO THE TERMS AND PROVISIONS OF SECTION 26.470.670(B)(1) OR (2) AS APPLICABLE, OF THE ASPEN LAND USE CODE, AND AS MAY BE AMENDED FROM TIME TO TIME. 9. IF THE STRUCTURE ON LOT Q IS EVER DEMOLISHED FOR REPLACEMENT THE REDEVELOPEMENT WILL COMPLY WITH SECTION 26.470.070(B)(1) OF THE ASPEN LAND USE CODE, AS MAY BE AMENDED FROM TIME TO TIME. 10. THIS PLAT AND THESE NOTES SHALL SERVE AS AND REPLACE THE NEED FOR A SEPARATE 'SUBDIVISION EXEMPTION AGREEMENT:. ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS PLAT WITHIN THREE YEARS AFTER YOU FIRST DISCOVERED SUCH DEFECT. IN NO EVENT, MAY ANY ACTION BASED UPON ANY DEFECT IN THIS PLAT BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. YEL CAP 2376 -------------- NOTE tPA FENCE BAR-B-6 SHED ENCRO 3 ?3 6 rn v 0 0.3• �l / STORy Kp0 M FRAME HOUSE D H IL O T Q AREA - 3,000 SO.FT. 0.6887 ACRES / 4IJL• 2• h l i SET CORNER NO. 4 REBAR RED CAP 16129- SST 6.75 SET CORNER 00 Y � I8 68, WIDE. I DL OC E TRAsa _ ----------- Oar CONC` R`URB 6��1GGL 7,.65. WI , DE SET 0 OF 6p Z7 NZA ENTRY / STORY WOOD P4149 0 0 E HpU SE ADDRESS '505 N. FIFTH' LOTS R & S AREA - 6 000 SO.FT.-/- 0.IP7 ACRES •/- R 407- S w44K I I _� o' z o= CITY / MONUMENT SE BLK 20 - HORZ. CONTROL / CAP SPLIT OWNERS' CERTIFICATE KNOW ALL MEN BY THESE PRESENTS THAT ANNE W. BURROWS AND MARCIA A. CORBIN BEING THE RECORD OWNER OF LOTS 0 R, AND S, BLOCK 20 CITY AND TOWNSITE OF ASPEN PITKIN COUNTY COLORADO (A/K/A UNITS A, B & C SMUGGLER CONDOMINIUM) DO HEREBY SUBDIVIDE AND REOLAT THIS REAL PROPERTY UNDER THE NAME AND STYLE OF CORBIN/BURROWS HISTORIC LANDMARK LOT SPLIT SUBDIVISION EXEMPTION, LOT 0 AND LOTS R & S, CITY OF ASPEN, PITKIN COUNTY, COLORADO. EXECUTED THIS _ DAY OF , 2000. ANNE W. BURROWS, OWNER UNITS A&B MARCIA A. CORBIN, OWNER UNIT C STATE OF COLORADO ) BE COUNTY OF PITKIN )) THE FOREGOING OWNER'S CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS _ DAY OF 2000 BY ANNE W. BURROWS & MARCIA A. CORBIN AS OWNERS. WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES: NOTARY PUBLIC TITLE CERTIFICATE THE UNDERSIGNED A DULY AUTHORIZED REPRESENTATIVE OF PITKIN COUNTY TITLE. INC. REGISTERED TO Db BUSINESS IN PITKIN COUNTY COLORADO DOES HEREBY CERTIFY THAT THE PERSONS LISTED AS OWNERS ON THIS PLAT 60 HOLD FEE SIMPLE TITLE TO THE WITHIN DESCRIBED REAL PROPERTY FREE AND CLEAR OF ALL LIENS AND ENCRUMBRANCES EXCEPT THOSE LISTED ON THE OWN11R'S CERTIFICATE. ALTHOUGH WE BELIEVE THE FACTS STATED ON THIS PLAT ARE TRUE THIS CERTIFICATE IS NOT TO BE CONSTRUED AS AN ABSTRACT OF ITLANDTAGRE11DNTTHATOR ANLANDNTITLEFGUARAREEOCOMPANY(,ANEEITHER ASSUMItSNTE OF TITLEANORIWILL BED DCHARGED WITH ANY FINANCIAL OBLIGATION OR LIABILITY WHATSOEVER ON ANY STATEMENT CONTAINED HEREIN. DATED: 2000. VINCE HIGENS, PRESIDENT PITKIN COUNTY TITLE, INC. 601 E. HOPKINS AVE. ASPEN, COLORADO 81611 STATE OF COLORADO) )ss COUNTY OF PIKTIN ) THE FOREGOING TITLE CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS DAY OF 12000 BY VINCE HIGENS AS PRESIDENT OF PITKIN COUNTY TITLE INC. WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES: NOTARY PUBLIC SURVEYOR'S CERTIFICATE I, DAVID W. McBRIDE, HEREBY CERTIFY THAT IN 1999 & 2000 A SURVEY WAS PERFORMED UNDER MY DIRECTION AND SUPERVISION OF THE HEREON DBCRIBED PROPERTY. THE LOCATION AND DIMENSIONS OF THE BOUNDARY LINES BUILDING ENVELOPES, UTILITIES, IMPROVEMENTS AND EASEMENTS SHOWN ON THE PITKIN COUNTY TITLE INC. TITLE COMMITMENT ORDER R PCT- DATED , 2000 ARE ACCURATELY SHOWN ON THIS MAP. THE CONTROL SURVEY PRECISION IS GREATER THAN 1:10,000 WITH AN ACCURACY TO 0.001 OF AN ACRE AND THAT THE SURVEY WAS DONE IN ACCORDANCE WITH CRS 1973 TITLE 38, ARTICLE 51 AS AMENDED FROM TIME TO TIME. SIGNED THIS _ DAY OF , 2000. DAVID W. McBRIDE RLS 16129 ASPEN SURVEY ENGINEERS, INC. 210 S. GALENA ST. ASPEN, CO. 81611 CITY COUNCIL APPROVAL THIS PLAT OF THE CORBIN/BURROWS HISTORIC LANDMARK LOT SPLIT SUBDIVISION EXEMPTION WAS REVIEWED AND APPROVED BY THE CITY COUNCIL OF THE CITY ASPEN ON THIS _ DAY OF 2000 AS ORDINANCE NO. SERIES OF 2000 AND RECORDED AS RECEPTION NO. OF THE REAL ESTATE RECORDS OF PITKIN COUNTY, COLORADO. SIGNED THIS _ DAY OF 2000. ATTEST: RACHAEL E. RICHARDS, MAYOR KATHRYN S. KOCK, CITY CLERK CITY ENGINEER'S APPROVAL THIS PLAT OF THE CORBIN/BURROWS HISTORIC LOT SPLIT SUBDIVISION EXEMPTION WAS REVIEWED AND APPROVED BY THE CITY ENGINEER OF THE CITY OF ASPEN, THIS DAY OF 2000. CITY ENGINEER, NICK COMMUNITY DEVELOPMENT APPROVAL THIS PLAT OF THE CORBIN/BURROWS HISTORIC LOT SPLIT SUBDIVISION EXEMPTION WAS REVIEWED AND APPROVED BY THE DIRECTOR OF THE COMMUNITY DEVELOPMENT DEPARTMENT OF THE CITY OF ASPEN ON THIS DAY OF , 2000. DIRECTOR, JULIE ANN CLERK AND RECORDER'S ACCEPTANCE ACCEPTED FOR RECORDING IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO AT _ O'CLOCK _.M. ON THIS _ DAY OF 2000 1N PLAT BOOK AT PAGE AS RECEPTION NUMBER CLERK AND RECORDER, SILVIA DAVIS PREPARED BY ASPEN SURVEY ENGINEERS, INC. 210 S. GALENA STREET ASPEN, COLO. 81611 PHONE/FAX (970) 925-3816 S H E E T 1 0 F I job no. 6055B OCTOBER 2, 2000 Cl SW CERTIFICATION CERTIFY TO: STEWART TITLE TITLE, INC. MARCIA A. CORBIN I. DAVID W. McBRIDE. A REGISTERED LAND SURVEYOR IN THE STATE OF COLORADO DO HEREBY CERTIFY THAT THIS SURVEY WAS FIELD SURVEYED DURING OCTOBER & NOVEMBER, 1999 ON THE GROUND OF THE PROPERTY LEGALLY DESCRIBED HEREON. AND IS CORRECT BASED ON THE FIELD EVIDENCE SHOWN AS FOUND HEREON. AND THAT THERE ARE NO DEISCREPANCIES. CONFLICTS. SHORTAGES IN AREA. BOUNDARY LINE CONFLICTS. ENCROACHMENTS. OVERLAPPING OF IMPROVEMENTS, EASEMENTS OR RIGHTS OF WAY IN FIELD EVIDENCE OR KNOWN TO ME. EXCEPT AS HEREON SHOWN. UNDERGROUND UTILITIES WITH NO VISIBLE APPURTENANCES AND DOCUMENTS OF RECORD NOT FURNISHED TO THE SURVEYOR ARE EXCEPTED. THIS CERTIFICATION IS VOID UNLESS WET STAMPED BY THE SEAL OF THE SURVEYOR. SIGNED THIS _ DAY OF . 2000. DAVID W. McBRIDE RLS 18129 ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS PLAT WITHIN THREE YEARS AFTER YOU FIRST DISCOVERED SUCH DEFECT. IN NO EVENT, MAY ANY ACTION BASED UPON ANY DEFECT IN THIS PLAT BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. 9 COR:IN/:URROOWS HISTORIC LANDMARK LOT SPLIT SUBD�V�8�ON EXEMPTION LOTS O, R & S, BLOCK 20, CITY AND TOWNSITE OF ASPEN, FORMERELY KNOWN AS CONDOMINIUM UNITS A, B & C, SMUGGLER CONDOM INIUM§ ACCORDING TO THE CONDOMINIUM MAP FOR SMUGGLER CONDOMINIUMS RECORDED APRIL 16 1976 IN PLAT BOOK 4 AT PAGE 597 AS RECEPTION NO. 182632 AND AS DEFINED AND DESCRIBED IN THE CONDOMINIUM DECLARATION FOR SMUGGLER CONDOMINIUMS RECORDED APRIL 16, 1976 IN BOOK 310 AT PAGE 843 AS RECEPTION NO. 182931 CITY OF ASPEN, PITKIN COUNTY, COLORADO SCALE I INCH - 10 FEET 0 5 10 15 20 LEGEND & NOTES O FOUND SURVEY MONUMENT REBAR WITH CAP AS NOTED 9 SPIKE OR P-K NAIL SURVEY CONTROL STEWART TITLE OF ASPEN, INC. TITLE COMMITMENT ORDER NO. 00026643 DATED OCT. 07, 1999 WAS USED IN THE PREPARATION OF THIS SURVEY POSTED ADDRESS IS '0610 WEST SMUGGLER STREET' —B— WOOD FENCE ❑ UTILITY BOX CALLS IN ( ) ARE RECORD FROM THE CONDOMINIUM MAP PLAT BOOK 4 AT PAGE 597 EXISTING CONDITIONS SMUGGLER CONDOMINIUMS, ACCORDING TO THE CONDOMINIUM MAP FOR SMUGGLER CONDOMINIUMS RECORDED APRIL I6 1976 IN PLAT BOOK 4 AT PAGE 597 AS RECEPTION NO. 182632 AND AS DEFINED AND DESCRIBED IN THE I CONDOMNIUM DECLARATION FOR SMUGGLER CONDOMINIUMS RECORDED APRIL 6, 1976 IN BOOK 310 AT PAGE 843 AS RECEPTION NO. 182931 CITY OF ASPEN, PITKIN COUNTY, COLORADO PREPARED BY ASPEN SURVEY ENGINEERS, INC. 210 S. GALENA STREET ASPEN, COLO. 81611 PHONE/FAX (970) 925-3816 REVISED OCT. 2, 2000 job no. 6055A UPDATED FEB. 18, 2000 OCT. 29, 1999