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HomeMy WebLinkAboutcoa.lu.sr.208 E Main St.0092.2016.ASLUI�l 0092.2016.ASLU 206 E MAIN ST EXTENSION OF VESTED RIGHTS 2737 07 399 002 � (ck e V� 4-e-, SI RI PATH: G/DRIVE / MA S TER FILES/ADMINISTRATIVE/ADMIN/LAND USE CASE DOCUMENTS THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0092. 2016. ASLU PARCEL ID NUMBERS 2737 707 399002 PROJECT ADDRESS 208 E MAIN ST PLANNER SARA NADOLNY CASE DESCRIPTION VESTED RIGHTS REPRESENTATIVE 4 TOOLBOX, LLC DATE OF FINAL ACTION 03.16.2017 CLOSED BY ANGELA SCOREY ON 07.24.17 9 0 RESOLUTION NO. 175 (Series of 2016) A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL APPROVING AN EXTENSION OF VESTED RIGHTS AT 208 E. MAIN STREET, LEGALLY DESCRIBED AS LOT 2, MAIN STREET VICTORIANS HISTORIC LANDMARK LOT SPLIT SUBDIVISION EXEMPTION, BLOCK 73, CITY AND TOWNSITE OF ASPEN, COLORADO. Parcel ID: 273707399002 WHEREAS, the Community Development Department received an application from Attorney Sarah Oates, representing 4 Toolbox LLC, requesting approval of an extension of the vested rights granted for the subject property pursuant to HPC Resolution No. 33, Series of 2013; and, WHEREAS, the applicant received Final Major Development approval for an addition at the rear of the historic Victorian -era miner's cottage from the Historic Preservation Commission via Resolution No. 33, Series of 2013; and WHEREAS, the applicant's vesting period will expire on November 21, 2016; and WHEREAS, pursuant to Land Use Code Section 26.308.0 — Extension or reinstatement of vested rights, City Council may grant an extension or reinstatement of vested rights after a public hearing is held and a resolution is adopted; and, WHEREAS, the Community Development Director has reviewed the application and recommended approval of a reinstatement of vested rights for a period of one year; and, WHEREAS, the Aspen City Council has reviewed and considered the request under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that the extension of vested rights proposal for a period of three years meets or exceeds all applicable land use standards and that the approval of the extension of vested rights proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ASPEN, COLORADO, THAT: Resolution No. 175, Series of 2016 Page] of 2 IIIIII IIIII IIIIIIIIIIIIIII IIIII IIIIIIIII II I III IIIII�IIII IIIIIIIIIIIII)IIII RECEPTION#: 636848, R: $18.00, D: $0.00 DOC CODE: RESOLUTION Pg 1 of 2, 03/16/2017 at 10:25:24 AM Janice K. Vos Caudill, Pitkin County, CO Section 1: The Aspen City Council does hereby approve an extension of vested rights, as approved by Resolution No. 33, Series of 2013, for a one (1) year period, until November 21, 2017, as indicated on the accompanying Development Order, conditioned on the following: • The extension of a vested property right shall not preclude the application of regulations which are general in nature and are applicable to all property subject to land use regulation by the City of Aspen including, but not limited to, building, fire, plumbing, electrical, and mechanical codes, and all adopted impact fees that are in effect at the time of building permit, unless an exemption is granted in writing. 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 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 Resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 5• A duly noticed public hearing on this Resolution was held on the 5th day of December, 2016 at 5:00 PM in the City Council Chambers, Aspen City Hall, Aspen, Colorado. APPROVED AS TO FORM: Jaf�es R. True, City Attorney ATTEST: Linda , Linda Manning, City Clerk Resolution No. 175, Series of 2016 Page 2 of 2 AS TO CONTENT: r i Steven Sk4dron, Mayor 0 0 Regular Meeting Aspen City Council December 5, 2016 Councilman Myrin asked for more details on the city planting trees in glory hole park and if the city builds a bathroom in Wagner park how it impacts things. Does it change the result. This mentions one story buildings as fore ground regulations and how would this apply across from the Wheeler and the park looking back. Councilman Daily said he likes very much the draft. The creation of three zones really helps all of us to better understand the regulations as they should be. He likes the exceptions that have been added for minor development activity. That will really help the process. He is supportive of the ordinance. Mayor Skadron said he concurs with the comments. The definitions include fore, mid and back are strong. It helps us put a definition around an abstract thing. Councilwoman Mullins moved to read Ordinance #34, Series of 2016; seconded by Councilman Daily. All in favor, motion carried. ORDINANCE NO. 34 (SERIES OF 2016) AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING CODE AMENDMENTS RELATED TO MOUNTAIN VIEW PLANE REVIEW: 26.435.050 Councilman Frisch moved to adopt Ordinance #34, Series of 2016 on first reading; seconded by Councilman Myrin. Roll Call vote. Councilmembers Frisch, yes; Mullins, yes; Daily, yes; Myrin, yes; Mayor Skadron, yes. Motion carried. RESOLUTION #175, SERIES OF 2016 — Extension of Vested Rights — Salon Tullio Sara Nadolny, community development, said this is a 3,000 square foot lot in the mixed use zone with a historic designated miner's cottage and non -historic shed. In 2013 UPC approved final major demolition for the non -historic portion and approved a new residential addition attached to the miner's cottage. On November 2151 the vested rights expired. The applicant is asking for a three year extension of the vested rights. The criteria to consider the extension include progress made, benefits made and needs of the city served by the request. Minimal progress has been made. A plan has been developed but no application has been made. The applicant has cited financial hardships and difficulty finding a contract. There will be removal of the non -historic portion but it will be replaced with another non -historic structure. They are a locally serving business. They went to HPC with three rounds of conceptual and one at final. They worked with staff to find a design solution. Without the extension they may move forward but contingent with the code in place. While staff is sympathetic with the applicant we would support a one year extension. Sara Oates, representing the applicant, said it is a historic miner's cottage and the property houses Salon Tullio. They have been in business in Aspen for 20 plus years. The applicant purchased the property in 2004. They pulled mechanical permits and reconfigured floor area to accommodate residential on the top floor. In 2013 they obtained HPC approval. Nothing has changed in the code. Even if the vesting expired they could build what was approved. This will be a significant investment for them and they want to know they can build what was approved. It is a win win for the city. It is a historic resource and a minor remodel. It is a 1,500 square foot addition. It will be helping out a local business that provides services to locals and tourists. Shelly Tulip, owner, asked for the extra time to find the right contractor to work with and get the permit. It is a complicated project on a zero lot line. They removed trees and created a parking space. They also 0 0 Regular Meeting Aspen City Council December 5, 2016 remodeled the existing apartment and brought it to code. She can't believe three years have gone by already. Councilman Daily said he does not see any adverse impacts on the community associated with the request. Ms. Tulip said the project costs came in quite a bit more than they originally thought. Councilman Daily said he respects the business and will support the application. Councilman Frisch said thanks for being in business so long. Are you ready to go with everything as soon as you find a contractor. Ms. Tulip said within a year we will be ready. Councilman Frisch said the three years is a matter of not giving everyone unlimited. vesting. Ms. Nadolny said we want to be cautious and the precedent this may set moving forward. Councilman Frisch said the other option may be 18 months or two years. I would rather give them a little more time now and be done with it. He would be more comfortable with two than Three. He appreciates where Art is coming from. Councilman Myrin said the ordinance is written as November 21, 2016. He is hesitant to extend past the one year. How does it work since the date has passed. Ms. Nadolny said the application was filed prior to the expiration date so any extension would be from that date. Councilman Myrin said a year from now is a reasonable hurdle. Mayor Skadron said the hardest part of this job is not being able to say yes to everyone. The list of criteria I'm given is not satisfied by your application. I am however able to support the staff recommendation of one year. Mayor Skadron said two support staff recommendation. Councilman Daily said after listening to the discussion he would like to see the applicant leaving and think the year will work. Councilman Myrin moved to adopt Resolution # 175, Series of 2016 with the staff recommendation of a one year extension; seconded by Councilman Daily. All in favor, motion carried. ORDINANCE #23, SERIES OF 2016 — Ranger Station Subdivision — Subdivision Amendment and associated reviews Jennifer Phelan, community development, said these 5 lots are known as the Ranger Station Subdivision. This ordinance will record a plat approved by the city, rescind the PD overlay and memorialize the 2015 cash in lieu fee amount. Staff has met with the applicant and their representative since the last council meeting and they have proposed an alternative solution. Exhibit K proposes the rate be the 2015 rate and locked in to a three year vesting and agree to pay 20 percent of the fee in lieu up front with the balance paid at building permit issuance. With the 2015 rate each lot would pay around 70,000 dollars. Two lots would pay more. The city would receive over 360,000 dollars in the near future. Mayor Skadron asked what is the difference from where we left and today. Ms. Phelan said just there would be a cash payment earlier on in the process. Typically, the fee is collected at building permit issuance. They are still asking for the 2015 fee in lieu rate. The other difference is the three year vesting. It would start tonight the three year clock locking in the 2015 rate. Mayor Skadron said at the last meeting council was split. The two in support, what were we supporting. Ms. Phelan replied the 2015 rate to be locked in to the three year vesting with the approvals that were approved last year. Mayor Skadron said for those of us in support this is a departure of what we supported at the last meeting. Ms. Phelan said it would give an extra year of vesting and a cash advance in the fees. Mayor Skadron said he supported the applicant last time. I'm not certain I would support this. Mr. True said we submitted this to some degree to resolve the problems created by the Forest Service. Last time it was two year vesting at the old rate. This is three year vesting with a 20 percent cash payment now. 0 0 DEVELOPMENT ORDER of the City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three-year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit application submittal is accepted and deemed complete by the Chief Building Official, pursuant to Section 26.304.090, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site specific development plan as described below. 4 Toolbox LLC, 208 E. Main Street, Aspen CO 81611 Property Owner's Name, Mailing Address Lot 2 Main Street Victorian's Historic Landmark Lot Split Subdivision Exemption, Block 73, City and Townsite of Aspen, Colorado. Legal Description and Street Address of Subject Property The applicant has received approval for a one-year extension of vested rights for the project approved in HPC Resolution No. 33 Series of 2013 involving the construction of a residential addition at the rear of the historic Victorian -era structure. The extension of vested rights will expire on November 21, 2017. Written Description of the Site Specific Plan andlor Attachment Describing Plan Extension of Vested Rights, granted by City Council on December 5, 2016 via Resolution No. 175, Series of 2016. Land Use Approvals) Received and Dates (Attach Final Ordinances or Resolutions) December 15, 2016 Effective Date of Development Order (Same as date of publication of notice of approval.) November 21, 2017 Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code) Issued this 7th day of December, 2016, by the City of Aspen Community Development Director. G . _ ( (I _ JeskiEa Gar#ova, Community Development Director • • AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY:, +o;? O S E. P 10_� S"fi - , Aspen, CO SCHEDULED PUBLIC HEARING DATE: CD d _L • -S , 20J(o STATE OF COLORADO ) SS. County of Pitkin ) (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height.notice was posted at least fifteen (15) days prior to the public hearing on the / day of "cmy . , 201L, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. ^f`L Neighborhood Outreach: Applicant attests that neighborhood outreach, summarized and attached, was conducted prior to the first public hearing as required in Section 26.304.035, Neighborhood Outreach. A copy of the neighborhood outreach summary, including the method of public notification and a copy of any documentation that was presented to the public is attached hereto. (continued on next page) AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: .�2 0 6 F 5\TIQLQ� S� „ Aspen, CO SCHEDULED PUBLIC HEARING DATE: t- , 20�(, STATE OF COLORADO ) ss. County of Pitkin ) I, (name, please print) being or r resenting an Applicant the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: _Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing on the _ day of , 20___, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. Neighborhood Outreach: Applicant attests that neighborhood outreach, summarized and attached, was conducted prior to the first public hearing as required in Section 26.304.035, Neighborhood Outreach. A copy of the neighborhood outreach summary, including the method of public notification and a copy of any documentation that was presented to the public is attached hereto. (continued on next page) Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested, to affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions, SPAS or PUDs that create more than one lot, new Planned Unit Developments, and. new Specially Planned Areas, are subject to this notice requirement. Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. dy Signature The foregoing "Affidavit of Notice" was acknowl9dged before me this 10 day of N�py , 20 & , by WITNESS MY HAND AND OFFICIAL SEAL My commission expires: _L2 Notary Public NOTARY PUBLIC • STATE OF COLORADO Notary Identification #20154012950 My Commission Expires 3/31/2019 ATTACHMENTS AS APPLICABLE: • COPY OF THE PUBLICATION • PHOTOGRAPH OF THE POSTED NOTICE (SIGN) • LIST OF THE OWNERSAND GOVERNMENTAL AGENCIES NOTICED BY MAIL • APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE AS REQUIRED BY C.R.S. §24-65.5-I03.3 HEARIN NUTIC E Me n St - Salon T Cl W RE'. 208 December 5, 2016, 5:00 pm public Heanng' Hall, City Council Cham- Meetinq Location: C'lY n C081611 pros 131_oo>rtlo� a 208 E min Street Lr��pescriptlon: PID M 2737. rk Lot PIIt Sub- StreetHisttor 79 1 and Townsite of Victorianslion, ty ado. division County Ot PI I State of Color a three- pspen, County Ircant is requesting Descrlptwn; Theve aPP rghts. f Vested yearexienReviev� RigRaQ� Extension o Land UseRe' St. Aspen FightsBody; City Decision Making Togot�x LLC, 208 E. Main Applicant: CO 81611 ion: For further information related Mors Informal contact Sara Nadolny at the ttment 1 of to the Prolect, ment Depa 42912' 130 Aspen Community Develop 970) g2g.2739, S. Galena St., Aspen. CO, l Sam.Nadolny®cityo aspen coin published in the Aspen Times on No 2p18 (124� MEMORANDUM TO: Mayor and City Council THROUGH: Jessica Garrow, Community Development Director MEETING DATE: December 5, 2016 RE: 208 E. Main St. — Salon Tullio; City Council Resolution No. 175, Series of 2016 APPLICANT /OWNER: 4 Toolbox LLC, 208 E. Main St., Aspen CO 81611 REPRESENTATIVE: Sarah Oates LOCATION: 208 E. Main St. CURRENT ZONING & USE: Mixed -Use zoning; use is a mix of commercial and residential PROPOSED LAND USE: No change SUMMARY: The applicant is requesting a three-year extension of vested rights for the Final Major Development approval granted by the Historic Preservation Commission in 2013. The current vested rights will expire on November 21, 2016. STAFF RECOMMENDATION: Staff recommends the City Council APPROVE the request for Extension of Vested Rights one year rather than the requested three years, with a condition. Above: Google Earth image of subject property. LAND USE REQUEST AND REVIEW PROCEDURES: The Applicant is requesting the following land use approval from City Council: • Extension of vested rights per Section 26.308.0 of the Land Use Code. City Council is the final review authority. BACKGROUND: 208 E. Main Street is a 3,000 square foot lot located in the City's historic Main Street district. The two existing buildings on the site include a historically designated Victorian era miner's cottage and a non -historic shed along the alley. In 2013 the Historic Preservation Commission (HPC) granted the applicant Final Major Page 1 of 3 208 E. Main St / Salon Tullio December 5, 20016 — City Council Hearing • 0 Development approval for a new residential addition at the rear of the historic miner's cottage, which included removal of most of a non -historic addition and its replacement with a new free-market residential unit of approximately 1,500 sq. ft. The approval was granted via HPC Resolution No. 33, Series of 2013. Staff issued a Development Order for the approval that is set to expire on November 21, 2016. Additional history prior to final approval of the project includes the following. Conceptual Major Development was granted via Resolution No. 20, Series of 2013. HPC continued the review twice for restudy, finding the project lacked sensitivity to the historic resource and that the transition between the old and new construction was somewhat abrupt. The design was ultimately approved by a vote of 5-2. On July 8, 2013 City Council had the opportunity to call up and discuss the project. Council chose to rely on the decision and uphold the resolution. On May 4, 2012 City Council approved a lot split for this property via Resolution No. 5, Series of 2012. The lot split divided the 6,000 sq. ft. lot into two 3,000 sq. ft. lots. CURRENT PROPOSAL: The applicant is requesting a three-year extension of vested rights. The vesting of the current approval will expire on November 21, 2016. STAFF EVALUATION: Staff has evaluated the applicant's request against the relevant review criteria (Exhibit A), and finds the following. The applicant is not out of compliance with any condition of the 2013 approval. Limited efforts have been made in pursuing the project; final plans have been developed, but the applicant has yet to apply for a building permit, citing issues of financial hardship and difficulty in obtaining a contractor due to the small scale of the project. During the approval process Planning Staff struggled with the early iterations of the project due to proposed massing and relation of the new construction to the historic resource. The benefit of approving an extension for the approved project is that the non -historic portion of the building is removed. While a new non -historic addition will be constructed, the planned structure is fairly discrete — to be located behind the miner's cottage, constructed with a flat roof with a height of twenty-two feet. The addition is approximately 3' 6" higher than the historic cottage, and will be generally inconspicuous when viewed from the front of the property. The zone district permits a height of twenty-eight feet, higher than the development that is proposed. Much work was done by the client, Staff and HPC to reach a design that was acceptable to all parties. Staff, however, does not feel the argument made by the applicant is strong enough to warrant a full three-year extension of vested rights, and instead is recommending an extension for the lesser period of one year. The applicant should be able to make some Page 2 of 3 208 E. Main St / Salon Tullio December 5, 20016 — City Council Hearing 0 progress and obtain a building permit during this period of time, or forfeit the rights granted by the 2013 approval. STAFF RECOMMENDATION: Staff recommends the applicant be granted a one-year extension of vested rights, with the following condition. • The extension of a vested property right shall not preclude the application of regulations which are general in nature and are applicable to all property subject to land use regulation by the City of Aspen including, but not limited to, building, fire, plumbing, electrical, and mechanical codes, and all adopted impact fees that are in effect at the time of building permit, unless an exemption is granted in writing. RECOMMENDED MOTION (All motions are worded in the affirmative): "I move to approve of Resolution No. 175, Series 2016 permitting the applicant a one-year extension of vested rights for the property at 208 E. Main St." ALTERNATE MOTION: "I move to approve Resolution No. 175, Series of 2016 permitting the applicant a three-year extension of vested rights for the property at 208 E. Main St." ATTACHMENTS: Exhibit A — Staff Findings Exhibit B — Resolution No. 33, Series of 2013 Exhibit C — Approved Plans Exhibit D — Application Page 3 of 3 208 E. Main St / Salon Tullio December 5, 20016 — City Council Hearing Ruo Jo • 71 /4A Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested, to affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions, PDs that create more than one lot, and new Planned Developments are subject to this notice requirement. Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. Signature The fore oing " ffidavit of Notice" was acknowledged bef e me this `,� ay of , 20 (., by �" a 1.- Q�� WITNESS MY HAND AND OFFICIAL SEAL My commission expires: w& ALLISON A. ANDS NOTARY PUBLIRC ON STATE OF COLORADO MY CO NOTARY ID 20054022861 MMISSION EXPIRES JUNI zo, 2017 ATTACHMENTS AS APPLICABLE: • COPYOFTHEPUBLICATION • PHOTOGRAPH OF THE POSTED NOTICE (SIGN) • LIST OF THE OWNERSAND GOVERNMENTAL AGENCIES NOTICED BYMAIL • APPLICANT CERTIFICATION OF MINERAL ESTATE OWNERS NOTICE AS REQUIRED BY C.R.S. §24-65.5-103.3 'PUBLIC NOTICE : December - Date: mb�er 5, 2Q1G To JMCA 00 PM ��L CHall, 130 S. Galena St Purpose: 4 Toolbox LLC 208 E. Main St.. Aspen CO 81611. as owner of this ro erty, is reguesting an extension__ of an approval granted b I HPC in 2013 for Final Major Develo mew nt •.,..;,�,-:. review for -an addition to this buildin T Vested right s f 2a--pl?rOvai- are„set to ex ire in November' 2016. L nd _use reviews include Extension of Vested Ri hts. For furthye20 50� II the Plannin De t. _St 970 ::. 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County of Pitkin ) Aspen, CO (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. S notice was posted at least fifteen (15) days prior to the public hearing on the lday of 201 to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. ^-1g Neighborhood Outreach: Applicant attests that neighborhood outreach, summarized and attached, was conducted prior to the first public hearing as required in Section 26.304.035, Neighborhood Outreach. A copy of the neighborhood outreach summary, including the method of public notification and a copy of any documentation that was presented to the public is attached hereto. (continued on next page) C J 0 l')� Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested, to affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions, PDs that create more than one lot, and new Planned Developments are subject to this notice requirement. r' /"` Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. -<�� . C) Signature The fore oing " ffidavit of Notice" was acknov�ledged bef re me this " 3 ay of , 20 (0, bye �„ I WITNESS MY HAND AND OFFICIAL SEAL My commission expires: v & paa e c� lic gNDERSON N07 p�BLIC SOT OF COLORADO NOTARY Ip 20054022861 LMALLISOIV:2. MISSION EXPIRES 2017 ATTACHMENTS AS APPLICABLE: • COPY OF THE PUBLICATION • PHOTOGRAPH OF THE POSTED NOTICE (SIGN) • LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BYMAIL • APPLICANT CERTIFICATION OF MINERAL ESTATE OWNERS NOTICE AS REQUIRED BY C.R.S. §24-65.5-103.3 N C) O. 04 U') ce) (0 NWN LO LO CY) 0) CD : : CD N ICT Co N r- M M — — — (0 to r-- M N Z , (.0 (0 co C14 — — — U-)LO(D:: N MC) r- U) r r U) U) P- LO CD 0 p T C-4 CO C.0 (0 (D (D to (D (0 (D U) 19t (0 N C) Cf) (0 CD (O,W w 0 (0 w N w m 0 0 (Y) "t — — — I icDlcoico oo oo oo co Co w m w w r-- m w m m :,4,: � � � � *- � � LO M: C'I C) r,- C") "t C"-, 00 T- CY) co co oo cy): ... . .... ..... ..... .... .... ..... ......... 'o U) 0 U) ..... .... 1-1 ..... F"T .... I ..... 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Z W w LL� z z D z m ; (D z LL: (D: > L) (D 0� ()f 04 0 LL: 0 CD 0 < <❑CE 000 N U) ; 3: :0:0:w 0 W < < M C) M W LO w 0 0 0 w w 0 C14 C) : - L) 0 m M X C) N N N < a- N z L)I CL CL Of bo N CO f� a-- qt O CD N rl- � O ti 00 00 gram w Q rn W J - w O O in Co (n r, o LO 0. cN U J J W F- W WJ p > _ W w Ca OWC' �QQ U_ Y 2 Z coH O Y C� • • ys.. PUBLIC NOTICE Date: December 5, 2016� Time: 5-00 pm P I a ce : Ci Hall, 130 S. Galena St City-cwricil Chambers Purpose: 4 Toolbox LLC, 208 E. Main St., Aspen CO 81611 Las owner of this _ property, is requesting an extension of an approval grated by HPC in 2013 for Final Mayor Derrelo mee nt g. review for.an addition to this Vested rights for the 2013 awro are set to expire in November 2016. �________- -� include Extension d_ use reviews f Ves ted Ri hts. For further info ll o he Plannin De t. at 970-92 t'— N (O O (O N f� •— O rl- 00 00 ........... £ ..... I OO c E 2 Ek� k Z O ry U) W > D W Z wQ i E I Y i W W LU Q rn W Z X Ow w p Ln m U) r O `o �U J J ; 2i OF F wjco w>_ W U) w Z p O � z W QtZ UCO _ Y Z m F~-- O Y �. `F-1 \J THE CITY OF ASPEN Land Use Application Determination of Completeness Date: October 14, 2016 Dear City of Aspen Land Use Review Applicant, OCT 17 2016 We have received your land use application for208 E. Main St.— Extension of Vested Rights and have reviewed it for completeness. Your Land Use Application is complete: / Please submit the following to begin the land use revs w process. 1) Digital pdf of the entire application. /���� 2) Review deposit of $1,300.00. �����/(�� Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2759 if you have any questions. Thank You, r) kajIVA L-, Jennifer Ph an, Deputy Planning Director City of Aspen, Community Development Department For Office Use Only: Mineral Rights Notice Required Yes No- GMQS Allotments Yes No_L Qualifying Applications: New PD Subdivision, or PD (creating more than 1 additional lot) Residential Affordable Housing Commercial E.P.F. Lodging • Cl Name: 0 ATTACHMENT 2 — LAND USE APPLICATION PROJECT: �R2 • 12-hM• 4 Toolbox LLC Location:208 E Main Street, Aspen, 81611 CO PIN: 273707399002 Parcel ID # (REQUIRED) APPLICANT: Name: 4 Toolbox LLC Address: 208 E. Main Street, Aspen, CO 81611 Phone #: REPRESENTIVATIVE: Name: Sarah Oates, c/o OKGKM, PC Address:533 E. Hopkins Ave., Third Floor, Aspen CO 81611 Phone#: (970) 920-1700 0 GMQS Exemption 0 GMQS Allotment Special Review ESA-8040Greenline,Stream Margin, Hallam Lake Bluff, Mountain View Plane Commercial Design Review = Residential Design Variance Conditional Use [� Conceptual PUD Temporary Use 0 Final PUD (& PUD Amendment) Subdivision = Conceptual SPA 0 Subdivision Exemption (includes Condominiumization) Lot Split = Lot Line Adjustment EXISTING CONDITIONS: (description of existing buildings, uses, previous appro% Existing commercial building with attached residential; recei, development in 2003; vesting will expire November 21, 2016 PROPOSAL: (Description of proposed buildings, uses, modifications, etc.) The applicant is reauestinq an extension of vested rights for Is, etc.) Final SPA (&SPA Amendment) 0 Small Lodge Conversion/ Expansion )s Other: Csc . r three vears to complete the project approved by HPC in 2013. 1 Have you attached the following? FEES DUF: $ 1300.00 Pre -Application Conference Summary 0 Attachment #1, Signed Fee Agreement Response to Attachment #3, Dimensional Requirements Form 0 Response to Attachment #4, Submittal Requirements - including Written Responses to Review Standards 0 3-D Model for large project All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre -application conference summary will indicate if you must submit a 3-D model. 11. P-_A ,,, pERMAN Y Agreement to Pay Application Fees nnq%.`lnI (,•Ertl iA An agreement Detween the uty or Aspen ( uty ) ana — — Property Phone No.: Owner ("I"): 4 Toolbox LLC Email: (970) 948-7357 email: michaeltullio@me.com Address of Billing Property: Address: 208 E. Main Street, Aspen, CO (Subject of 208 E. Main Street, Aspen, CO (send bills here) application) I understand that the City has adopted, via Ordinance No., Series of 2011, review fees for Land Use applications and payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. $. flat fee for 1300.00 Ex of Vested Rights $. flat fee for $. flat fee for $. flat fee for For Deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application. I understand that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. I have read, understood, and agree to the Land Use Review Fee Policy including consequences for no -payment. I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render and application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. / $1300.00 ✓ deposit for 4 hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. $ deposit for hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. City of Aspen: Jessica Garrow, AICP Community Development Director City Use: O� Fees Due: $_Received $6� Property Owner: 4 Toolbox LLC Name: Michael Giordano Title: Managing Member �J n • LAW OFFICES OF OATES, KNEZEVICH, GARDENSWARTZ, KELLY Sv MORROW, P.G. PROFESSIONAL CORPORATION THIRD FLOOR. ASPEN PLAZA BUILDING 533 E. HOPKINS AVENUE ASPEN, COLORADO. $1611 WWW, OKOKLAW, CON 44TELEPHONE (970) 920-1700 LEONARD M. OATES FACSIMILE (970) RICHARD A KNEI_EVICH -1 TED D. GARDENSWARTZ DIRECT (970) 54.1-1853 DAVID B. KELLY MARIAMORROW OF COUNSEL O C T 13 2016 smo(gokylaw con) STEPHEN R CONNOR ANNE MARIE MCPHEE SARAH M OATES STEPHANIE M HOLDER COREYZURBUCH October 13, 2016 ATTORNEY'S TITLE CERTIFICATE By this letter, the undersigned, Sarah M. Oates, an attorney licensed to practice law in the State of Colorado, Attorney Registration No. 41647, hereby certifies the following: The current record owner of the real property described as Lot 2, Main Street Victorians Historic Landmark Lot Split Subdivision Exemption, Block 73, City and Townsite of Aspen, Colorado ("Property"), with a street address of 208 E. Main Street, Aspen, Colorado, is 4 Toolbox LLC, a Colorado limited liability company; 2. 4 Toolbox LLC obtained title to the subject property via a Quit Claim Deed in 2013 from Michael Giordano; 3. 4 Toolbox LLC has paid all real property taxes since 2013 when the subject property was conveyed to it by Giordano; 4. Alpine Bank holds a Deed of Trust for the Property, and there are no other mortgages, judgments, liens, easements, contracts or agreements affecting the Property; As the sole Owner of the Property, 4 Toolbox LLC has a right to apply for a land use application for the Property; and 6. The subject property is located in the City of Aspen, Pitkin County, Colorado. Sincerely, s (E) 6i� Sarah M. Oates • OCT 13 2016 Amy Simon, Historic Preservation Officer City of Aspen Community Development Department 130 S. Galena Street Aspen, CO 81611 RE: Extension of Vested Rights - 208 E. Main Street, Aspen, Colorado 81611 Dear Amy, 4 Toolbox LLC is the owner of 208 E. Main Street, Aspen, Colorado. I hereby authorize Sarah Oates of Oates, Knezevich, Gardenswartz, Kelly & Morrow, P.C. to act as the authorized representative for 4 Toolbox LLC in the above -referenced matter. 4 Toolbox LLC By: Date: Homeowner Association Compliance Policy All applications for a building permit within the City of Aspen are required to include a certification of compliance with applicable covenants and homeowner association policies. The certification must be signed by the property owner or Attorney representing the property owner. The following certification shall accompany the application for a permit. Subject Property: 208 E Main Street Aspen, CO 81611 OCT 13 2016 I, the property owner, certify as follows: (pick one) M This property is not subject to a homeowners association or other form of private covenant. ❑ This property is subject to a homeowners association or private covenant and the improvements proposed in this building permit do not require approval by the homeowners association or covenant beneficiary. ❑ This property is subject to a homeowners association or private covenant and the improvements proposed in this building permit have been approved by the homeowners association or covenant beneficiary. I understand the City of Aspen does not interpret, enforce, or manage the applicability, meaning or effect of private covenants or homeowner association rules or bylaws. I understand that this document is a public document. Owner signature: Owner printed name: date: or, Attorney signature: date: Attorney printed name: <;20��� (4 Z C �t�ff a ae � s A4 �ed: E 8g OWN I i V C� �J ew'a'a vsoniw,vnrn�i.oi.n� ioc iouva.Ioa��q•.a.ow��.w.�aoa�:+ro;wurn:� '�w�e P`u • u Mol c n. oq ,A 2k , Ate I Iae � T w z 0 WOA MEN il '-A z z 0 19 so MINI Hili; 2 cc 0 Eft W6 | \; 4 C? loaf < /�\\f2 ��_- \ �)| � @ � �_\ \� �\@ �i �� ..��; /� � � �m 0 z E LO • .• uo� n z ;.i 6 D ° z ° ( yl�L 8 3'yyt all P•, Z izf d1z zt b'W2U rs'�Nu�wrnwinl wa.6l��oa iad�m+kw�eiw �aa��.u.W�=dad:<�i'u":em:5 uie+i 0 r- E O 0CD MuoP. ° 0 3 yiyasFj a[t4SE Q I I I I I I I I. wv Mq �'emsora�.umani w.su ioe +a✓..nM=+d+s'..o �,o�un..+w.+oai%%s':.«m:� Z4N. Z I O � MuonOk SY6 I I ee N¢ a tR63 S 9C �3ws,nn i t dOMP4YMSOMMYW�MILL�11 t0i Iadn�+IMM1�psw wgn.uwwn'aMii6��111:� �d M� z 0 1 0 o M uin. w z hit loo OC 3.TT,60.SLS IF O O o Ln CD L L ,00*0E- 1.11,60oSLS 00 CZ MOMS A371V 0 0 4w.�.A gP'YSg1VA,�N014A1 �.o.•SI IOL �M•nNoM�M.O w1a•,•wwvcopMs�.i1lM1y '.W V .9i 0 r ero.uno oinn�sonvnwrnrnn�,.N.6u i0z bb�eU.I�,dwEino �ian•n,.wnaoa�:,isiu';in`:� wy etii U6IS2 4� a T z O a w w x ¢r z= N ,�fl.♦ ♦ n0 b - gq{{Ib ;9 r ~ e 6xp-.uqw�. Polnhbp.LMYtl0�aM1 uop61110L k�e\na.IN.nudep uwen�nwwn �iiy��w:n\:� wa W • i ....... ... . ... . U-1 z wl qq Dolan ji r g 'a $�le I ea i l�ii du Q a-uw.w. q�naornuwawn�wm.wc-win.+wrA+.o......»,,,r+=.i+nw.uxo wa 0 0 CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY UL 1 13 2016 PLANNER: Amy Simon, 429.2758 DATE: 9.7.16 PROJECT: 208 E. Main, Salon Tullio REPRESENTATIVE: Michael Giordano. owner DESCRIPTION: The applicant would like to extend vested rights for a project that received approval through HPC Resolution #33, Series of 2013. According to the Development Order issued after HPC Final review, the three year period of vested rights is set to expire on November 21, 2016. A building permit needs to be submitted by that date or the project will be subject to any new land use regulations adopted since the 2013 approval. Numerous code changes have been made or are pending, so the project would likely have to begin the process over again if the vested rights are allowed to lapse. If a permit will not be submitted by November 21, 2016, the applicant may request an extension of the vested rights. An application requesting an extension of vested rights must be received by the Planning Department and deemed to be complete by November 21, 2016 in order to proceed. The decision making criteria which will be used by City Council and which should be addressed in the application are: Section 26.308.010C of the Aspen Municipal Code: • In reviewing a request for the extension or reinstatement of vested rights the City Council shall consider, but not be limited to, the following criteria: • The applicant's compliance with any conditions requiring performance prior to the date of application for extension or reinstatement; The progress made in pursuing the project to date including the effort to obtain any other permits, including a building permit and the expenditures made by the applicant in pursuing the project; The nature and extent of any benefits already received by the City as a result of the project approval such as impact fees or land dedications, • The needs of the City and the applicant that would be served by the approval of the extension or reinstatement request. Link to Land Use Application: http://www.aspenpitkin.com/Portals/0/docs/City/Comdev/Apps%20and%20Fees/Land%20Use %20Appl ication%20Form. pdf Link to Land Use Code: http.://www.as,pe,np,itkin.com/Eiusines,,s-Navigato,r/G.et,Ap,proval to_Qevelgp/Refer_to_Land-U,se_- Code/ Relevant Land Use Code Section(s): 26.304 Common Development Review Procedures 26.308 Vested Rights Review by: Staff for complete application and recommendation, Council for decision Public Hearing: Yes. Planning Fees: $1,300 deposit for 4 billable hours. Lesser/additional hours will be refunded or billed at a rate of $325 per hour. Referral Fees: None Total Deposit: $1,300 To apply, submit one printed copy of the following information: • Completed Land Use Application and signed fee agreement. • Pre -application Conference Summary (this document) • Street address and legal description of the parcel on which development is proposed to occur, consisting of a current (no older than 6 months) certificate from a title insurance company, an ownership and encumbrance report, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. • Applicant's name, address and telephone number in a letter signed by the applicant that states the name, address and telephone number of the representative authorized to act on behalf of the applicant, if any. • HOA Compliance form (attached) • A written explanation of how the request complies with the review standards relevant to extension of vested rights. • An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen. • Drawings representing the HPC approved project. Once the copy is deemed complete by staff, the following items will then need to be submitted: • 1 digital PDF copy of the complete application packet emailed to amy.simon@cityofaspen.com • Total deposit for review of the application. Applicants are advised that building plans will be required to meet the International Building Code as adopted by the City of Aspen, the Federal Fair Housing Act, and CRS 9.5.112. Please make sure that your application submittal addresses these building -related and accessibility regulations. You may contact the Building Department at 920-5090 for additional information. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. • 0 LAW OFFICES CF OATES, KNEZEVICH, GARDENSWARTZ, KELLY PROFESSIONAL CORPORATION THIRD FLOOR. ASPEN PLAZA BUILDING 533E HOPKINS AVENUE ASPEN. COLORADO 81611 WVV W.OKOKLA'N. COM LEONARD M. OATES RICHARD A KNEZEVICH TED D. GARDENSWARTZ DAVID B. KEL.L.Y MARIA MORROW OF COUNSEL STEPHEN R. CONNOR ANNE MARIE McPHEE SARAH M OATES STEPHANIE HOLDER October 13, 2016 Amy Simon, Historic Preservation Officer City of Aspen 130 S. Galena Street Aspen, CO 81611 86 MORROW, P.C. TELEPHONE (970) 920-1700 FACSIMILE (970) 920-1121 DIRECT (970) 544-1853 smoglokylaw.com VIA HAND DELIVERY Re: 208 E. Main Street, Aspen, Colorado 81611— Extension of Vested Rights Dear Amy, Enclosed please find an application for Extension of Vested Rights ("Application") for Lot 2 of Main Street Victorians Historic Landmark Lot Split Subdivision Exemption with a street address of 208 E. Main Street, Aspen, Colorado ("Property"). The Property, a miner's building and shed, is designated historic and received Final Major Development approval in 2013 ("2013 Approval") from the Historic Preservation Commission ("HPC") to remove most of the non -historic addition, move the historic portion of the shed from the northeast corner to the northwest corner of the Property and construct a new residential unit on the rear of the Property ("Project"). The vesting will expire on November 21, 2016 if an extension is not approved. The Property is owned by 4 Toolbox LLC ("Owner" or "Applicant"), and currently houses a hair salon, Salon Tullio, and residential unit. The two Members of the 4 Toolbox LLC, Michael and Shelly Giordano, own and operate the salon and reside in the attached residential unit. The Applicant is requesting an extension of vested rights for an additional three years — until November 21, 2019. The Giordanos are requesting an extension of vested rights to complete the Project as approved by the HPC. Below are the criteria, pursuant to Section 28.308.01(C) of the Municipal Code, which must be met for City Council ("Council") the approve the Owner's request: 1. The Applicant's compliance with any conditions requiring performance prior to the date of application for extension of vested or reinstatement; OATES, KNEZEVICH, GARDENSWARTZ, KELLY & MORROW. P.C. Extension of Vested Rights — 208 E. Main Street October 13, 2016 Page 2 There are no requirement. for compliance with any conditions requiring performance prior to the date of application for extension of vested rights or reinstatement. 2. The progress made in pursuing the project to date including the effort to obtain any other permits, including a building permit and the expenditures made by the Applicant in pursuing the project; The Applicant has developed final plans for the addition to the Property and has sought bids from contractors to complete the Project. At this point in time, the construction estimates for the Project have come in too high for the Applicant to be able to apply for a building permit and complete the Project prior to the expiration of the vesting period. The Project is not as appealing to many contractors than larger scale projects due to the small scale of the Project. The Applicant had continued to pursue completing the Project but the timing has not been right the past three years to move forward with construction. The Applicant has removed the trees that needed to be removed for the addition, made interior improvements and installed/upgraded the utilities to the Property in preparation of completing the Project. 3. The nature and extent of any benefit already received by the City as a result of the project approval such as impact fees or land dedication; As the Applicant has not filed for a building permit for the Project, there have been no impact fees or land dedication requirements for the Project. The Applicant will pay any associated impact fees at the time of building permit for the Project. The Applicant has paid any land use fees associated with the land use approvals for the Project in full. The Applicant has continued to care.for and maintain the buildings on the Property, which are designated historic and contribute to the character of the City's Main Street Historic District. 4. The needs of the City and the Applicant that would be served by the approval of the extension or reinstatement request. The needs of the City that would be served by the extension of vested rights is that the non - historic elements of the building on the Property will be removed and replaced with an appropriate addition, approved by the Historic Preservation Commission, to the historic resource once the Project is completed. With the extension, the Giordanos will be able to complete a Project that has been their dream since purchasing the Property in 2004. The needs of the City will be further met, by granting the extension of vested, as it will help support a locally owned and locally serving business (e.g. Salon Tullio) as the Giordanos will not need to incur additional.fees for new land use approvals. The Property is owned and occupied by the Giordanos, who reside in the residential unit on the Property with their children, and who also operate Salon Tullio, which has been long-time, local business, on the Property. The Giordanos purchased the Property in order to continue to be able to afford to operate a business and reside in Aspen. The extension of vested rights will enable the Giordanos to have additional lime to ,fund the construction project. 0 9 OATES, KNEZEVICH, GARDE.NSWARTZ, KELLY&. MORROW, P.C. Extension of Vested Rights — 208 E. Main Street October 13, 2016 Page 3 I have enclosed the additional items required in the Pre -Application Conference Summary, including a vicinity map, authorization from the Owner to submit the application and a certificate of title. Please contact me if you have any concerns or need additional information prior to reviewing and scheduling this request for a review by Council Sincerely, OATEs, KNEZEVICH, GARDENSWARTZ, KELLY & MORROW, P.C. MA Cc: Michael Tallio (via e-nail) Enclosures Sarah M. Oates 0 L' m 0o 3 .cm. gr gpo c�c U � � v c aCC m N t E J a c N i LL ��C d y D U a N m U - m m is D m m m ; w0 ll a I a N � Z fn (L) :�` N c o 1! 5 °' ° a$ ¢�122 Oo �°°� a c ° 0 N c H�abNO o Y W:g EE0 O5$� N 2c o 0 a-73,7- Q Permits file Idit Record Navigate Form Reports Format Tab Help ►x> Jump 1 j Main Custom Fields Routing Status Fee Summary Actions Routing History j Permit type �slu As ?n Land i is� Permit 0092Z0 # 16 .ASLiJ Address ��0 E 1,1A111 ST AptjSuite City JASPEll State CO Zip 81611 Permit Information Master permit Routing queue aslul6 Applied F Project Status -ending Approved 1 j Description JAPPLICATI011 FOR BJENSION OF VESTED RIGHTS Issued • ooR ,,2 -2e 1 , /+SLO - o x Closed/Final Submitted ISARAH OATES 92017110 I Clock Running Days U Expires 1!i,122017 • Submitted via avaner Last name 4 TOOLBOX LLC First name 208 E MAIN ST ASPEN CO 81611 Phone i Address Applicant Z Owner is applicant? ❑ Contractor is applicant? 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