HomeMy WebLinkAboutcoa.lu.gm.320 W Main St.A083-03
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CASE NUMBER
PARCEL ID #
CASE NAME
PROJECT ADDRESS
PLANNER
CASE TYPE
OWNER/APPLICANT
REPRESENTATIVE
DATE OF FINAL ACTION
CITY COUNCIL ACTION
PZ ACTION
ADMIN ACTION
BOA ACTION
DATE CLOSED
BY
A083-03
2735-124-41005
320 W. Main Street Change-in-Use
320 W. Main Street
Joyce Allgaier
GMQS Exemption
Patrick Imeson
1/15/04
Approved w/ Condition
2/5/04
J. Lindt
MEMORANDUM
TO:
Julie Ann Woods, Community Development Director
FROM:
Joyce A. Allgaier, Deputy Director
RE:
GMQS Exemption by Community Development Director for Change in
Use of a Historic Landmark, 320 W. Main Street, Smith-Elisha House
DATE:
January 15, 2004
CC:
Sarah Oates, Zoning Officer
Amy Guthrie, Historic Preservation Officer
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SUMMARY: Staff recommends approval of a Growth Management Quota System
(GMQS) Exemption for the proposed change in use from residential to office for a
property listed on the Aspen Inventory of Historic Landmark Sites and Structures. A
request for a conversion of the existing residential space to accommodate an office use is
proposed, along with the necessary physical internal changes The owners are Caroline
and Scott McDonald who have agreed to this request and have authorized Patrick Imeson
to make this application.
LOCATION: 320 W. Main Street, Lot Nand Y2 Lot 0, Block 44, City and Townsite of
Aspen. Note that the application refers only to the Smith-Elisha House and not the
existing barn on the property. This property is also called, "Lot A", on the official
Historic Landmark Lot Split Plat for this subject property.
ZONING: "0", Office.
APPLICANT: Patrick Imeson
STAFF REVIEW: Section 26.470.070.D.l of the Municipal Code provides a GMQS
Exemption by the Community Development Director for the "Change in Use" of a
designated historic landmark which does not increase the building's existing floor area
ratio. The applicant proposes to convert existing residence into office space.
In order to grant a GMQS exemption, the Community Development Director must find
that the following standard is met:
3. The change in use of a historic landmark shall not increase the building's
existing floor area ratio.
Response: The applicant will make renovations to the interior of the building in order
to create space appropriate for office use, but no alterations which affect existing FAR are
indicated in the application and are not allowed.
RECOMMENDATION:
Staff recommends this GMQS Exemption be granted with the conditions as noted below.
DECISION:
A GMQS Exemption for a Change in Use from residential to office use for the
structure located at 320 W. Main Street, also known as the Smith-Elisha House, a
designated historic landmark, is hereby APPROVED with the conditions as
follows:
This approval is effective on February 30, 2004; and,
No additional floor area shall be created or added to the structure without the
required approvals of the City of Aspen; and,
That the business owners strive to provide bus passes to their employees as a
means to mitigate trip generation and minimize on-site parking demand.
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RECEIVED
.jt~N 0 ~ 2004
PITKIN COUNTX
BUILDING DEPARTMENJi
Jan. 2, 2004
Joyce Allgaier,
Community Development Dept.
City of Aspen, Colorado 81611
Re: 320 West Main St., Aspen, Colorado
As requested in Patrick \V. !meson andlor assigns and McDonald contract with
Mason and Moore, dated December 22, 2003.
Joyce,
We the sellers, McDonald Family Trust, of320 West Main St. Block 44 lot N ,
and 1/2 of lot 0 located in the Office Zone of The City of Aspen request the following:
1. At the close of escrow on said lot, approximately Jan 30th or before in the year 2004 the
property will be changed from residential to commercial use (office use) or mixed office
use, as desired by the buyer Pat hneson. We, the McDonald Family Trust, do not have any
objections with the intended future commercial use of said property. If for some reason
the sale does not close The McDonald Family Trust will continue uninterrupted with the
residential use of their private home.
Sincerely, W.Scott and M. Caroline McDonald, trustees for the
McDonald Family Trust
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December 3, 2003
Attention: Joyce Allgaier
Re: House at 320 W. Main, Aspen
Facts:
Historical house currently zoned office
House was used as a law office up until lot split in September of 2003
After lot split "intended use" designated residential
Requesting:
A chan2e of "use" from residential to office
Dear Joyce,
I have been a small business owner in Aspen for over 15 years (ie., Zele Cafe, Aspen
Mountain Air) and have employed many people. For the past 6 years my partners
and I have operated a private investment firm called Calim Private Equity. We
currently operate this company out of a 1000 s.f. space at 710 E. Durant Avenue.
with only 3 small offices. When we first started this company there were only 3 of
us and the space was sufficient. Today our staff consists of 6 people; myself Patrick
Imeson ; my two partners Ron Stone and Timothy Bridge; Eric Altman our
accountant; one portfolio manager; an executive assistant and a support person.
Our Current office is far too small and we require office space of about 2,500
square feet. We believe that the house at 320 West Mainwould be perfect for us in
terms of space and our corporate image. Th.e house is currently for sal~"~!!~<~.~~
recently undergone a lot split (Sept. 2003). Previously it was used as a law office.
Since the house is currently zoned office and has been used as a law office we put on
offer on this property so that we could use it as an executive office. We are currently
under contract. The problem is that since the lot split in September of 2003, the
"intended use" has been designated as residential.
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The owners and their real estate agent have marketed the property for office or
residential use and in all our discussions with the owners we have openly discussed
our intended use as an office. The current owners are delighted with our intended
use. As a matter of fact they plan to live next door in the carriage house.
Fortunately my wife discovered in the fine print that since the lot split in Sept. of
2003, the intended use for the main house is residential. We have until December
10, 2003 to get out of this contract. Weare very anxious to have this resolved.
We believe that we would fit right in with the other offices around this block which
is surrounded by offices such as doctors (Dr. Rob Krakavitz ) and other investment
type companies (Cornerstone Holdings). Our business requires no foot traffic as we
are not a retail business. Most of our work involves generating documents and
communicating via fax, computers and telephones. We do not require parking for
visitors as our clients do not reside in Aspen. The property has excellent access
from the alley and plenty of parking for ourselves (three paved spaces in what is
primarily the back yard) as most of our staff either live in town or take the bus.
Julianne Wood has asked us to enclose a check for $250.00 for the time that it will
take to sort this matter out. To summarize, we are requesting your permission to
use this house as an office. This requires changing the intended use from residential
to office.
Thank you for your attention to this matter. I look fonvard to hearing from you
soon. You can reach me at 970-948-1491.
Sincerely,
ORDINANCE NO. 14
(Series of 2002)
AN ORDINANCE OF THE ASfEN CITY <::OlJNCI},; OF' TIJ.lJ:<::ITX QF ASPlJ:N,
COLORADO, TO GRANT APPROVAL FOR A SUBDIVISION EXEMPTIQN
FOR AN HISTORIC LANDMARK LOT SPLIT AT ~~~()W. MA!NSTMET,
LOTS N, 0, AND P, BLOCK 44, CITY AND TOWNSITE OF ASPEN
PARCEL ID#: 2735-124-41-005
WHEREAS, pursuant to Sections 26.480.030(A)(2) and (4), Section
26.470.070(C), and Section 26.415.010(D) of the Municipal Code, a Historic Landmark
Lot Split is a subdivision exemption subject to review and approval by City Council after
obtaining a recommendation from the Historic Preservation Commission (hereinafter
HPC); and
WHEREAS, the applicants, Scott and Mary Caroline McDonald, owners of 320
W. Main Street, Lots N, 0, and P, Block 44, City and Townsite of Aspen, have requested
approval to split a 9,000 square foot parcel into two lots of 4,500 square feet each; and
. WHEREAS, the Community Development Department has reviewed the
application and recommends approval of the Historic Landmark Lot Split; and
WHEREAS, the HPC reviewed the request for the historic lot split at a properly
noticed public hearing on May 8, 2002, and reviewed a setback variance request at a
public hearing on June 12,2002, and recommended approval; and
WHEREAS, the Aspen City Council has reviewed and considered the
subdivision exemption under the applicable provisions of the Municipal Code as
identified herein, has reviewed and considered those reqommendations made by the
Community Development Department,. and the Historic Preservation Commission, and
has taken and considered public comment at a public hearing; and
WHEREAS, the City Council finds that the Historic Landmark Lot Split meets or
exceeds all applicable development standards of the above referenced Municipal Code
sections; and
WHEREAS, the City Council finds that this Ordinance furthers and is necessary
for the public health, safety and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF ,THE
CITY OF ASPEN, COLORADO, THAT:
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Section 1
Pursuant to Sections 26.480.030(A)(2) and (4), Section 26.470.070(C), and
Section 26.415.010(D) of the Municipal Code, and subject" to those conditions of
approval as specified herein, the City Council finds as follows in regard to the
subdivision exemption:
1. The applicant's submission is complete and sufficient to afford reView and
. evaluation for approval; and
2. The subdivision exemption is consistent with the purposes of subdivision as
outlined in Section 26.480 of the Municipal Code, which purposes include: assist
in the orderly and. efficient development of the City; ensure the proper
distribution of development; encourage the well-planned subdivision of land by
establishing standards for the design of a subdivision; improve land records and
survey monuments by establishing standards for surveys and plats; coordinate the
construction of public facilities with the need for public facilities; safeguard the
interests of the public and the subdivider and provide consumer protection for the
purchaser; acquire and ensure the maintenance of public open spaces and parks,
provide procedures so that development encourages the preservation of important
and unique natural or scenic features, including but not limited to mature trees or
indigenous vegetation, bluff, hillsides, or similar geologic features, or edges of
rivers and other bodies of water, and, promote the health, safety and general
welfare of the residents of the City of Aspen.
Section 2
Pursuant to the findings set forth in Section 1, above, the City Council does
hereby grant an Historic Landmark Lot Split subdivision exemption for 320 W. Main
Street with the following conditions:
1. The HPC has approved a 500 square foot FAR bonus, for the purpose of allowing
the existing structures to remain in place. The bonus is not being awarded to allow
any expansion on the property. This condition shall be noted on the plat.
2. In order to qualify for the bonus, the applicant must meet "City of Aspen Historic
Preservation Design Guideline 2.2." A plan for repair and repainting of the
Smith-Elisha house must be submitted to HPC staff by July 31, 2002, and the
work must be completed by December 31, 2002. The City will require a financial
security be posted by the applicant to ensure that this condition is met.
3. The HPC has waived any of the required parking that cannot be contained on the
site in the form of legal sized spaces. This condition shall be noted on the plat.
4. The HPC has granted a 3 foot sideyard setback variance along the east side of the
Smith-Elisha House. As a condition of the variance, which was partially justified
by the owner's desire to have the two new lots share an existing sidewalk, it was
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determin~d that as long as the historic carriage house remains the only structure
on the east half of Lot 0 and all of Lot P, Block 44, City and Townsite of Aspen,
said building shall be accessed from the street via the shared sidewalk which runs
down the east side of the adjacent Smith- Elisha house. No new sidewalk can be
created from Main Street to the carriage house unless approved by the HPC. This
condition shall be noted on the plat.
5. A subdivision plat and subdivision exemption agreement shall be reviewed and
approved by the Community Development Department and recorded in the office
of the Pitkin County Clerk and Recorder within one hundred eighty (180) days of
final approval by City Council. Failure to record the plat and subdivision
exemption agreement within the specified time limit shall render the plat invalid
and reconsideration of the plat by City Council will be required for a showing of
good cause. As a minimum, the subdivision plat shall:
a. Meet the requirements of Section 26.480 of the Aspen Municipal Code;
b. Contain a plat note stating that the lots contained therein shall be
prohibited from 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 Office zone district,
except the variances approved by the HPC.
4. The FAR on the two lots created by this lot split shall be based on the use of the
buildings. At this time the Smith-Elisha house is intended to be a resid~nce and
the carriage house is mixed-use. The maximum FAR for each lot may be affected
by applicable lot area reductions (i.e., slopes, access easements, etc.). 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, Lots A and B, each 4,500 square
feet in size. This condition shall be noted on the plat.
5. The site is located on Main Street, where pedestrian improvements are an important
goal. The applicant must verify that the existing sidewalk, curb, and gutter in front
of the property meet the requirements of the City Engineering Department, or rectify
any inadequacies prior to filing the plat. .
6. Part of the historic significance of this property lies in the fact that this is a
significant residence with a large carriage house on the site. These two structures
are strongly associated architecturally and establish a strong historic context on
the site. The HPC will review any future development on the property, however,
as a condition of approval 01 this lot split, a fence shall not be allowed to be
constructed between the two newly create lots, which would separate them
visually from each other. This shall be noted on the plat.
Section 3
This Ordinance shall not have any effect on existing litigation and shall not
operate as an abatement of any action or proceeding now pending under or by virtue of
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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 by any court of competent jurisdiction,
such portion shall be deemed a separate, distinct, and independent provision and shall not
affect the validity of the remaining portions thereof.
Section 5
A public hearing on the Ordinance was held on the 24th day of June, 2002, in the
City Council Chambers, Aspen City Hall, Aspen C61()ra.G6:'
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by
the City Council of the City of Aspen on the 13th day of May, 2002.
ATTEST:
Kathryn S. Koch, City Clerk
FINALLY, adopted, passed and approved,this 24th day of June, 2002.
Helen Kalin Klanderud, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
Approved as to form:
John P . Worcester
City Attorney