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Home My WebLink AboutLand Use Case.600 E Main St.0051.2017.ASLUk b NÂ¢ Ir., *i Â»ye 1?11:Â· 1 @11Â¥**i~ 48 /1, I 44139 420- James F. Smith and N. Lindsay Smith .:-S KN% 41, 5*,1 Application for Determination of Available Floor Area 31 for Proposed Deck Expansion :,0.3 'ti for Condominium Unit 302 '4 1 4Â·if. 600 E. Main Street 3 2.30 Unit 302, Concept 600 Condominiums Aspen, Colorado 81611 ./ 2. Parcel ID: 273707325017 1 . 00. ,Â·r. -V '41 I:Â·.42'.-t Art RECEIVED 1;30; 294 JUN 0 8 2017 c22,%426&:N.1 . IPO - i 4, Ilill-/.4 1 . Prepared by: 1, lf:. 1 Herbert S. Klein Klein Cot6 Edwards Citron LLC 101 South Mill Street, Suite 200 Aspen, Colorado 81611 a .b...... 0%-14 te< 1 r b. -& lx--i '. 0. â€¢t ' 1 0 0 Ul N 891 0 3 3 '90. 1 0 r N m 0 4- 1 SE it > =ft -1 Cn Ill 0 -1 C 3 .Ist Â· ik Bi z - U) W IL Z '7â€¢ ' ...14. ... 5lj'.*.t .4,y ADMINIS TRATIV U 600 E PATH: G/DRIVE /A iNISTRATIVE/ADMIN/LANDUSE -i i.E DOCS THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0051.2017.ASLU PROJECT ADDRESS 600 E MAIN# STREET PARCELID 273707325017 PLANNER JUSTIN BARKER CASE DESCRIPTION ADMIN DETERMINATION - DECK REPRESENTATIVE JAMES AND LINDSEY SMITH DATE OF FINAL ACTION 07.18.17 CLOSED BY ANGIE SCOREY 7.31.17 Wp ermits 2757 07 - 2-50 1 -7 00 -~ - 10 1 7 Â· Â·fSLU 0 A=k' 9,7.-p . /981*/'/""'=I=#/ EEile - Edit Record Navigate Fgrrn l', 3" Format Iab Melp Â«12.~ Ii@ @,><)*k,4 ~04,â€ž,- *.,I-=.***- .#* i ~*Â§9'19 13~~-~i 14 4 ~ Mm'@Oklumpl~C~]i- . iÂ¥!44>~y:%>2Â»7 :- m -1:gih......all..../ ~Main~ Custom Fields I Routing Status 4 Fee Summark I Actions ! Rout*Ig History I lf-r- y.3 .. ..en- n 7- ..7:--,YED~:PAQ?*44=AÂ© 2t~PENES99ElamKMI~'ll"5~~~~~~ - Permit type aslu ~ v ~|Aspen Land Use Permit # 0051.2017.A.SLU 11%~ ~ Address 600 E MAIN ST - Apt/Suibe #302 I City ASPEN - . Stabe CO Zip 8,18,11 i" 1. -,~ Master permit Routng queue astu15 Applied 06/16/2017 ~v~~ ~~ Project Â·Â· Status pending Approvec F Description APPLICA-TION FORADMINISTRAIME DETERMINATION - DECK EXPANSION Issued ~ v 14 Closed./Final ~ v Submitted JAMES F SM[TH 712 249 0598 Clock Running Days FI'l Expires Câ‚¬411.2018 ' -Â« Submitted via .. | ~- --2. ~ 'Â· -p......,99'....I-'..~.'1'.'. --I'.Il/'-El."UM Z.--I'll'll'-I....I-Il'*Flp"I.......*.'*'.37â„¢.) ....1,41~Â£'.~r#' '-4,1~ Owner -.-=-I--=-Il........ Last name SMITH JAMES F & LINDSAY|Â·. First name 8542 WESTCHESTER XX HOUSTON TX 770CE Phone C) - Address Applicant E Owner is applicant? El Contractor is applicant? Last name SMITH JAMES F & LINDSAY P First name 6542 WESTCHESTER XX HOUSTON TX 77005 Phone C) - Cust # 3Câ‚¬97 - Address Email Lender Last name ~Â·Â·Â· First name Phone C) - Address ~spenGold5 (server) Ilangelas I~il[1 of 1 -dI No 4Â«2,10 - Pec-4 9 -=Ft- 4-33 24 4 329.00 1~r- 111111111111111111111111111111111111111111111111111111 RECE - _ N#: 639982, R: $38.00, D: $0.00 DOC CODE: ADMIN DECISION Pg 1 of 6, 07/18/2017 at 03:28:05 PM Janice K. Vos Caudill, Pitkin County, CO CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT ADMINISTRATIVE DETERMINATION TOPIC OF DETERMINATION: 600 E. Main Street (Concept 600) Floor Area Calculations EFFECTIVE DATE: July 17, 2017 . APPROVED B~,butx>i d Nkâ‚¬,uu Jessica Garrow, Community Development Director SUMMARY: The Community Development Department received an application from James and Lindsay Smith (600 E. Main Street, Aspen, CO 81611), represented by Klein Cote Edwards Citron LLC, requesting a determination regarding Floor Area calculations of certain exterior features for the 600 E. Main Street property. This is a site-specific determination and does not apply to any other property. BACKGROUND: 600 E. Main Street is located in the Commercial (C- 1) zone district, and is a mixed used building containing commercial and free-market residential. New free-market residential is not permitted in the C-1 zone district. however existing free-market residential units developed prior to Ordinance No. 25. Series of 2012 are considered legally established. The free-market Floor Area is limited to the existing, however at-grade patios, decks (other than rooftop decks). balconies, exterior stairways, trellis, and other similar features may be expanded up to 15% of the total free- market residential Floor Area, per Section 26.710.150.D(11)(f). The Applicant is requesting a determination of how the existing exterior features are calculated for this property to determine available free-market deck exemption. DETERMINATION: Upper Floors: The common exterior walkways and circulation located on the upper floors of the building are counted as Floor Area attributed to the free-market residential use. The private balconies that can only be accessed from within an individual unit are counted as deck or similar features attributed to the commercial use that may be applied toward the 15% expansion. These areas are more specifically identified in Exhibit A. Ground Floor: The gated hot tub area is used exclusively by the residential free-market use and is therefore counted as free-market residential deck or similar features that may be applied toward the 15% exemption. The area identified in Exhibit A is counted as deck or similar features attributed to the commercial use. All other areas are considered patio for the purpose of Floor Area calculations. Page 1 of 2 Calculations: Attached as Exhibit B is a chart of the overall calculations for the free-market residential units. These may be used by the building association and individual unit owners as a baseline for building permits to update or expand decks. Any expansions shall comply with use and dimensional requirements in place at the time of building permit submission. ATTACHMENTS: Exhibit A - Condo Map identifying features Exhibit B - Free-market residential calculations Page 2 of 2 .. - 91'42' 1 - r W . - EXHIBIT A GROUND FLOOR /- 44.. 4=.... -:r. Â· r,4-/ I ..2. 1~ . 34:2. .1. ..Elf C .' , 24'**?. *:a ..r li , ..' M50Â¥7**I 4 '*'m-#0' I v L A.2 6/ ty r , JU. L |,r '00> 1 0 % V.â€¢ p - W _2Lttle' - _-4-2-4- 21*1 .... - -fili' & '11 'zob*.E}~ 1:,4.?A.(0) 2.4,~I~-4J- ~-~--*. ~ke - 4 e + ---71_1."---1 - 'Po 4 / Ch Â· 1 LAr--n - . L - 7--9 -*=--= 44 . 21 ,~...67*-,0.-*tI.Iiâ€ž*m* .1 , 1 IN 1 1_ r .9 LU , 1. .-pmt + ~on ~ A'l 7'L 10 1 0 : .t-,1 A: A EIL__0 0 . - . ''r '10 tly Â·.,9 41 i =91.- 110:~ .A. 1 111 / f 1 . 4. 1 8 /29 4 .till 1 ./1 i 1 : 0* f i 19 4. i' il ' ir 9- Â¢ 9" . .. , 1 bUGJ -- 0 , J J , 4 [!@ '1 4Â· 1 ji C: â‚¬ SIE :.41>T:14441 . : , - 7 m ...Â· 1 7/. ...,.. f O.â€¢EPÂ¥'4 7 n -4 - - #*4,7 -,- . "tr .1 th - 4, .VI : d &- 74:Mut + SIr- El I 4- .<~ 3 --- 2 5 D- 'Â°' a & Al f . -02 6 3 k 1 2 ZAP.. - 4. 0 ~*~,alit::" 4 ~ A. I . t..t Ii/,//4/#v 4-- --' A 1,122 f.~..1. .;~9+-'Â»: /,4 r .-- r 445 il)#65#-Ab FEINK T,Â¢ MMIoce .:..'Â·'4' 1 j IZE ' soN**PA & -_.,i 00 I. ,/.0 u.' _ .,- =*- *, A .'/AN,--'' 94 I ! ---< 1 ARCHITECTS I .1 '6 105 , ~CU1~ LI~~ r Â· -Â·''' 7 . D., MAIN STUEET . .i . 1 2 ..4 4 Â·Â· Â· Â· ./0-I ",11 .1~01 . . 0 Â«_, SITE AND 1â€¢t FLOOR PLAN =0-4.-7-*f 1 C- . . . /Â£.I q.. -I u.. Â£~â€¢gÂ»â€¢Â®--a;Â·,d*.2-24Â· -- Â· - I . . 10.41.-a -'-Wit *: - I ,7 ~ ./ ~ . 27'ill'le'l' I.'/'..0/4~- unâ€¢- I.il ~ :il i {i6ij ' Foi. I.i! ' .,of 'E-'U .- F.9, -1- L.-1-#2 1-~-d j 1 11@ =VE r 'L .r 1\, pt@I 1'.A FT, .::1,Â·'1~~lgi /0/ I.*; rv- U:,6 1 -- Â£11. 1 .2+ . 1. 1.Â».i -1 1.4...Ab ..HE' -1- -1-~1-~~~-Itit'+44 1 .1 .,19[-t,1 -*Â¥.1.400 1. - .04.,WV .'.. .0.4. 4 - i L. 1 4 4 1 0 9> 0.11.-1 - 1 L.--11 .All 011 . 0/ ./ #,~_ I. I. I. - I' .i, 0. .... AW.-â€žUlk- 1 r.-7- 1 1. Â·~ 25:7 -2.-I.-23 O Hot tub area (approximate) ..'.. T , *m, . &21.: A.- 'LL1 ~'-- - f + i -1-1 ' Commercial deck or similar features U. ....... ----1 m..p s: 71 -I . -* - - .'i..,matit 4.2'61.- EXHIBIT A UPPER FLOORS - EAST e. 64 /5 11 1 d %3 m * 4 . & 01 eÂ«< 4: /4 8 .... G u Â£ i. - 6Â»:ED :j >~,8;1 ~, ... 3 H T. 41 '4Â¥ r k. 'Ot.!1 ba<3: 4. W te ../U. ./.z,t~.4 i . I E ~e ..... 20/Al/Â©I. 4 3 VAÂ¥ ./ R?/ t~f~EUT 3 3 . Uâ€ž 6 .... .. 0 yrs . "S C 029% 915 0 0 *. Â£ 0 9 294 u - 2 6 4 8/ I.Â» ... byb ed I BASEMELIT :. e=,2,-7 5, CD<.1~~W>j t.Â£~.~Ad ? â‚¬ i.fft 4 - r---.--I ;1 '. 1 , ' 14. K I ........Rk A *gy â‚¬Â·1 *8* 1 , , ..L, I I . :4 I i .1 $ ..6 k.<m. ..1 I .*,1 -. $ ..... 'Â· 1 aka K U UU:$ 20 , 90 Â¢4-I .. . I. *' M U n .. ., 43$ & 4 - . 1. Â· â€¢ .. D . rE--7. L -- ",6 1/.... 1 - Z. 1 % ~ p. -A' 0 57â€ž ... .1 1 '22 1 L I 'll I ..1...2 I . I I -.2 '1** Jk.Â§T 3,22; - , I - , 7 1 0 - 1 ./ h - & I ..'. . t 2'- 74 . ...6 .'....i 1 k . I t ./ 3. Â·0 4 4 ,~,5, F. 71"18 I 3 16 , -. 10 * 1 . nâ‚¬ Â· -01'. E : I a) 4 _k_:12 J ./ I , .41. is * 1 GAP ~44 : I . R I I 0 0 I 4. clew' ...... g -71 : U.2,1 2 1 1 L . 4 t.,6 2 rÂ·H i.-, , . : g,b -2,Â·t r.- 2 + 4:4 A -.:I- I.:.0./. I.IÂ·â€¢ : .': 011 : 11, a. i , ' I Â®al 4 21& I â‚¬1 , $33 1- 726.J t~ * ..1 ; hj 1* 2 - Â·,- : irs/'Â»Â« I 63 I . 'e 6 1 P.3 : '. 11 111 .1; . : 1 1-9 p.' $ 21# 1 )- 4. ' : Â· 1 4 7 , . .-- le FOUETU FLOOR TuiED F.LOUR SECOUD FLOCE ...... 5Â£:K> Â¢2Ll~Â·2<JL+UÂ·<Jll.A .// 2 09> 4 ..'+ 1 1 FM residential Floor Area 1 FM residential deck or similar features L I ./.#- 0 - t. - EXHIBIT A UPPER FLOORS - WEST 8, U ..1 L D 1 1\1 6~ ~~:*-:~:~:~:-: t>~~~~<- 4 0 Y Q â€ž~~-~---2./L --A-6vW-.<.L~~G A e P e h . CO 1. C 4< " O 0 0?.90â‚¬%2 4." + 0 0 '71 4.-1 'C--1 f 1 f- . ~ 1 4 9-,17 . 269 1 '11 . % 4* J it , - - - 4 4 i. i.-144 i i.Â»,t' Ar, ~ ~ -12 -"1 - 1 401Â· 41 i 4/J kern, 46 4 11,1 1 --12 - 11 1.6.- . 4-11- ry t, 1 Al'Etiti I~ ~ | . 3 . F 't~,4 '1 1 4. 444 1 '...'.a..M~..~. , ./. 11-4*1 7-"1--* : 14. * ' 17-t---7 .Â· : i. 16.p.qp]Â§. 1 Â· ' ' ' ' -J .2/1. I . I *1 , .. ta 7 , le-1 '.' 'tz 'M'*:99*'6' ' 3 f I F-24 26 > , ' a Y 1 ; c...r/l , 1 , *04 1 p . , , /â€žA & 1 , 0 -1 3.3.0 1 â€ž.: 4 0 1 6.- , I. i......./ .... L 01 . I.-~6Â¥~.Bri~.U, f 47 v -.ir- 5996 : LI , .1 4,Â·C t? . ' .. lu~-~ ~.~ . 1 I.'r. : ..& 1. r ~rM# 4 3 1 *i"*\4 : 1-Â· - - . K..14. r ., Pa.. 1 ~--i 'c'. kÂ¢**EDÂ· FLOOR- PLAN 24,/AQ/USÂ« PLAN TU11213 FLOOR PLAN 0>499.; d cr * 79 *:* tb 1 1 FM residential Floor Area FM residential deck or similar features EXHIBIT B Free-market residential calculations Feature Calculation (sq. ft.) Free-market residences 33,244 (including egress walkways) 15% deck exemption (33,244 x 0.15) = 4,986 Free-market existing decks 2,688 Free-market hot tub area 154 (attributed to deck calculation) Available free-market deck exemption (4,986 - 2,688 - 154) = 2,144 Stipx TliE CITY oF AspEN Land Use Application Determination of Completeness Date: June 13.2017 00 9 C 70 / 7 Â·- AS Lt'f Dear City of Aspen Land Use Review Applicant, We have received your land use application for 600 E. Main Street. Administrative Determination have reviewed it for completeness (and not compliance). '~21~ Your Land Use Application is complete: Please submit the following to begin the land use review process. 1) Digital pdf of the entire application (via thumb drive. emailed files. or file sharing) 2) Review deposit of$325.00 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. 6Â»9Â«,L --]ennifer Ph~in, Deputy Planning Director City of Aspen, Community Development Department For Office Use Only: Qualifying Applications: Mineral Rights Notice Required New PD Yes - No_p<_ Subdivision, or PD (creating more than 1 additional lot) GMQS Allotments Residential Affordable Housing Yes No bL_ Commercial E.P.F. Lodging RETAIN FOR PEI ENT RECORD Cl-trOF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT o 0 Agreement to Pay Application Fees 4 + An agreement between the City of Aspen ("City'l and 605) Â· 20(7 , A-5 2(1 3 4 Property James F. Smith Phone No.. 713-249-0598 11 > owner ("19: " Â· Email: EX~. N. i,Lindsay Smith jimlindsaysmith@yahoo.com 12 71 Address of same as billing address Billing Property: Aspen, CO 81611 Address: 600 E. Main Street, #302 ~z (Subject of (send bills here) appljcation) I understand that the City has adopted, via Ordinance No., Series of 2011, revlew 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 , 3. fiat fee for $. flat fee for . 3., 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. Ihave read, understood, and agree to the Land Use Rev[ew Fee Policy including consequences for no-payment. 1 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, 1 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. $ 325.00 deposit for 1 hours of Community Dev elcpment Department staff time. Additional time abovethe 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: Prope#~eu f Â«â‚¬ Jessica Garrow, AICP Community Development Director Narrie: James F. Smith Fees[sue: $-Received $ 319.63 / Title: Owner March, 2016 City of Anen 1130 S. Ga lena St,1 19703 920 5050 K C KLEI N COTE EDWARDS CITRON LLC E C ATTORNEYS HERBERT S. KLEIN PC* hsk@kceclaw.com 101 SOUTH MILL STREET LANCE R. COTE, PC** cote@kceclaw.com SUITE 200 JOSEPH E. EDWARDS, 111, PC jee@kceclaw.com ASPEN, COLORADO 81611 KENNETH E. CITRON, P.C. ... kcitron@kceclaw.com RECEIVED TELEPHONE: (970) 925-8700 MADHU B. KRISHNAMURTI mbk@kceclaw.com www.kceclaw.com *also admitted in Hawaii JUN 0 8 2017 **also admitted in California also admitted in New York and Massachusetts CITY OF ASPEN COMMCNITY DEVELOPMENT .: RECEIPT RE: Application for Determination of Available Floor Area for Proposed Deck Expansion for Condominium Unit 302,600 E. Main Street, Unit 302, Concept 600 Condominiums, Aspen, CO 81611 (the "Property"). Parcel ID: 273707325017 I hereby certify that on the 8th day of June, 2017, I received from the offices of Klein Cotd Edwards Citron LLC, via hand delivery, two (2) sets of the above-referenced Application, deng ivith a check in the amount of $325.00 as a processing-fee-ferthe-Applieatien. CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT By: Print Name: REC C 17 ~r n ./ -J JUN 0 8 2017 CITY OF PdrEN COMMUNITY DEVELOAENT James F. Smith and N. Lindsay Smith Application for Determination of Available Floor Area for Proposed Deck Expansion for Condominium Unit 302 600 E. Main Street Unit 302, Concept 600 Condominiums Aspen, Colorado 81611 Parcel ID: 273707325017 Prepared by: Herbert S. Klein Klein, Cot6 Edwards Citron LLC 101 South Mill Street, Suite 200 Aspen, Colorado 81611 1< C KLEIN COTE EDWARDS CITRON LLC E C ATTORNEYS HERBERT S. KLEIN' hsk@kceclaw.com 101 SOUTH MILL STREET LANCE R. COTE, PC** cote@kceclaw.com SUITE 200 JOSEPH E. EDWARDS, 111, PC jee@kceclaw.com ASPEN, COLORADO 81611 KENNETH E. CITRON *** kcitron@kceclaw.com TELEPHONE: (970) 925-8700 MADHU B. KRISHNAMURTI mbk@kceclaw.com www.kceclaw.com *also admitted in Hawaii **also admitted in California ./. also admitted in New York and Massachusetts June 8,2017 VIA HAND DELIVERY RECEIVED Jessica Garrow, Director JUN 0 8 2017 Community Development Department City of Aspen CITY Or nSPEN 130 S. Galena Street 3rd Floor COMMUNITY DEVELOPMENT Aspen, CO 81611 RE: Application for Determination of Available Floor area for Proposed Deck Expansion at Unit 302, Concept 600 Condominiums, located at 600 E. Main St., Aspen, Co. (the "Property"). Parcel ID: Unit 302: 273707325017. Dear Jessica, This letter is provided in furtherance of our meeting of March 30,2017, during which we discussed how to count the floor area available for the expansion of decks on the free market residential condominium units at the Concept 600 Condominiums ("C-600"), and pertains to the pending building permit application for the expansion of the deck of Unit 302, which was filed on August 24, 2015, but was held up by Jim Pomeroy due to his inclusion of exterior egress balconies as deck space, thus counting them towards the floor area exemption for decks and leaving no available floor area for the requested expansion. Further discussions to resolve this error and resume processing of the permit were delayed during the ensuing moratorium and we are now seeking this determination as described below. There were two aspects to our March 30th discussion. One was whether or not exterior walkways should be deemed decks and we reached an understanding with you that they are not decks. The second aspect was your request that we provide certain floor area calculations that can be used uniformly for future deck expansions at C-600. Since the C-600 building is somewhat unique in its design and use, we agreed that a "Determination" was the best procedural route for this situation. The Concept 600 Condominiums is a mixed-use building, located in the C-1 zone district. The subject, Unit 302, is a two-bedroom apartment having 944 sq. ft. of residential floor area with a deck of 73 sq. ft. An additional thirty (30) sq. ft. of deck space is sought for the requested expansion. Under the C-1 zone district regulations, free market condominium units are not allowed any expansion of allowable floor area but may add deck space of up to 15% of the free Jessica Garrow June 8,2017 Page 2 of 6 market floor area as an exemption from this limitation (the "15% Exemption").1 2 Therefore, the calculation of the existing free market residential floor area, existing deck space and non-unit space is necessary to establish baseline data that can be used for this deck expansion and future ones that may be sought for C-600 residential units. The following Exhibits are provided with this application: Ex. 1. Completed Land Use Application and signed fee agreement along with a check for $325.00 for processing fees. Ex. 2. Pre-application Conference Summary. Ex. 3. Letter from owner authorizing the undersigned to act as its representative and providing the name, address and phone number of the Owner and the undersigned representative. Ex. 4. Title Certification from Pitkin County Title Company - Unit 302 Ex. 5 Chart with Facts and Definitions Ex. 6. November 16,2007, Land Use Code Interpretation Ex. 7 Building Department File Excerpts for Unit 210 Deck Expansion Ex. 8 City Council Meeting Feb. 27, 2017 - ComDev Memo - Hotel Aspen Ex. 9. City Council Meeting Minutes Feb. 27,2017 - Hotel Aspen Ex. 10 October 20, 2015, Jim Pomeroy Email Ex. 11 C-600 Condominium Plat Map. Ex. 12 Photo of North side of building ratio area. Request for Determination and Satisfaction of Applicable Code Requirements: 1. C-600'S EGRESS BALCONIES ARE NOT DECKS. The genesis of this matter was an interpretation by Jim Pomeroy that the egress balconies and their circulation space that serve the C600 residential units were decks or their equivalent, citing them as "suspended, exterior passageways" and "loggias" that should be counted toward the 15% Exemption and causing the free market residential units at C-600 to exceed the 15% Exemption. This classification is inconsistent with both the definitions in the Aspen Land Use Code and the fire egress specifications of the International Building Code (IBC). 1 Code Section 26.720.150 D.12 f, setting forth the C-1 Zone District requirements, states in relevant part: Free-Market multi-family housing: Limited to the existing free-market multi- family FAR. No expansion to FAR shall be permitted except at-grade patios, and decks (other than roof-top decks), balconies, exterior stairways, trellis, and other similar features up to 15% of the total free-market residential floor area. Any subsequent reduction in floor area occupied by such residential use shall be deemed a new limitation and the use shall not thereafter be enlarged to occupy a greater floor area. Free-market residential units shall not be able to utilize any exemptions to floor area outlined in Section 26.575.020(D), Measuring Floor Area, except as noted above. 2 Deck space is not counted as any kind of floor area up to 15% of the free market residential floor area and any excess over said 15% is counted as residential floor area. Jessica Garrow June 8, 2017 Page 3 of 6 At our March 3 0th meeting we went over these points and at that time we provided you with a chart of various definitions, records and facts pertinent to this issue (the "Chart"). An updated version of the Chart is provided as part of this application and is attached as Exhibit 5. The Chart and its references clearly demonstrate that C-600's egress balconies are neither decks nor loggias. In addition to the Chart's analysis of the code issues, you also requested information on other precedents that have a bearing on the issues presented here. We are aware o f three examples of supporting history: 1. C-600's Unit 210 was issued a building permit for the expansion of its deck in 2010. This would not have been allowed if the calculated and allocated deck space exceeded 15% of the free market floor area. We must assume that the 15% Exemption was applied because the building's size in 2010 and at the present time, exceeds the allowable floor area, so exempt deck space must have been available at that time. A copy of Unit 210's building permit application, description of the expansion as approved by the C-600 HOA, certificate of occupancy and photos of the exterior balcony areas of Unit 210 before and after the expansion are attached at Exhibit 7. 2. November 16, 2007, Land Use Code Interpretation. This Interpretation, a copy of which is attached as Ex. 6, is relevant and significant for its analysis o f how space is used when deciding if it is deck or non-unit space. The Interpretation dealt with a landowner's claim that certain space was a porch and should be exempt as such, but you found that the space in question was a deck. The analysis you used follows our own analysis (please see the Chart) that because the egress balconies at C-600 are not private and they function as an interface between public and private areas, they are not deck space. In the Interpretation, you stated: "A loggia or a deck acts solely as a space for the homeowners and their invited guests and does not function as an interface between public and private areas. Therefore, because a deck or a loggia is entirely private space, it can be on any story o f a home, while a porch can only be on the first story." 3. At the February 27, 2017, City Council meeting, the Hotel Aspen proposed to enclose some of its exterior circulation corridors. The CD memo concerning this application stated part of its purpose was to "enclose certain exterior circulation corridors" (Ex. 8) and went on to state: Enclosed Circulation Changes. A number of circulation corridors are proposed to be fully enclosed so that they are protected from the weather. The enclosed areas include stair towers on the east and west sides of the building, and a circulation corridor that goes from the east to west side of the building. (Ex. 8) Jessica Garrow June 8, 2017 Page 4 of 6 The meeting minutes stated this as "weatherproofing of the circulation" and indicted that the enclosure was allowable because this space was considered non-unit space and already counted as floor area by saying: "For the enclosure of the corridors... For the most part they were included in the original floor area calculations. The proposal is to put glass behind the screens." (Ex. 9) This further demonstrates that egress balconies like those at C-600, having some partially open circulation corridors, have been treated as non-unit space, not decks. II. CALCULATION OF FLOOR AREAS AND DECK SPACE The purpose of this calculation is to quantify the free market residential floor area and allocate existing non-unit space and deck space to residential uses at C-600 in order to determine how much of the 15% Exemption remains available. There is no need to determine available deck space for commercial uses in C-600 because commercial uses are allowed unlimited deck space3 so only decks that are used exclusively by the free market residential uses are counted towards the 15% Exemption and it is those areas that are relevant to our analysis. A. Allocation of Non-Unit Space. With respect to any allocation of non-unit space,4 Section 26.575.020.D.16, "Allocation of Non-Unit Space in a mixed-use building" states in relevant part: "When a feature is used exclusively by one use, the space shall be attributed to the floor area for that use." City Staff has already calculated much of this and we do not disagree with Jim Pomeroy's methodology and calculations of the physical space, except with respect to his classification of the egress balconies and loggia's as deck space. On October 20, 2015, Jim Pomeroy wrote an email to Jim Smith (copy attached at Exhibit 10) in which he cited the Code's definitions of Balcony, Deck, External Passageway and Loggia, and how their floor area is measured. With respect to his methodology he wrote: "As you can see from the definitions above, Deck is more than just Balconies. As 1 said in my email, the system we used on your building is the identical system we use on all buildings in the City. Based then on the code sections above, we counted all of the balconies, the suspended exterior passageways, and the logia areas outside of each unit. We used the calculation as provided by you for each "pod's" deck total, and when added together they came to 6,220 Sq. A If you have further questions about this matter it may be more ~ 26.575.020.D 4.c: Decks, balconies, exterior stairways, trellis, and similar features of a mixed use, commercial, or lodge building located within the...Commercial (C-1) Zone District....shall be exempt from Floor Area calculations. 4 See 26.104.100 Definitions - "Non-unit Space" Jessica Garrow June 8,2017 Page 5 of 6 helpful for us to meet in person rather than trying to go back and forth by email." (italics added for emphasis). The 6,220 sq. ft. that Jim Pomeroy calculated is based on a calculation o f the existing decks and balconies (these areas are clearly deck space) o f 2688 sq. ft. and adding that footage to Jim Pomeroy's calculation of the "suspended exterior passageways and logia (sic)", thus totaling 6,220 sq. ft. Of this amount, 3,532 sq. ft. is in the exterior passageways and loggias that should have been treated as non-unit space attributable to the residential units and added to the existing residential floor area in the calculations used for the 15% Exemption. Attached at Exhibit 11 is a copy of the C-600 condominium plat map (the "Map Exhibit"), with the areas in question highlighted and square footages indicated. Jim Smith has confirmed that Jim Pomeroy's calculation of the applicable square footage is correct, but his classification of non-unit space as decks is an error. B. Allocation of Other Non-Unit and Deck Space. Fortunately, the non-unit and deck space in C-600 is easily allocated between the commercial and residential spaces by their respective use of them. The commercial units are all on the ground level of the C-600 building and the residential units are all on the 2nd through 4th levels, totally separated from the commercial units and their access ways. The commercial units are accessed directly off of the patio. The residential units are accessed via the elevator located on the ground level. All o f the suspended balconies and loggias that Jim Pomeroy used in his calculations are on the 2nd through 4th levels and exclusively serve the residential units. There is a large, concrete surface patio area on the main entry level of the building, extending at grade from Main Street on the south side of the building and continuing on the north side of the building. The northerly end of this patio area is above natural grade due to the slope, so at the north side it is over the underground garage and the characterization of some portion of this area as a patio raises an issue since the northern end of its surface is more than 6" above grade.5 The Determination process will give you an opportunity to resolve this for C-600. Patios do not count as any kind of floor area and the south side is clearly a ratio, as well as at least some portion of the area north o f the commercial space. So, we only have to analyze some of the space on the north side of the building in the event you determine that not all of that area is a patio determine whether the space is either non-unit space or deck space, and if so, how to allocate it. Any non-unit space or deck space used exclusively by the commercial units is not allocated to the residential units. There is a hot tub on the patio on the northern side of the building. 1 f you determine that this is on a patio, then none of its footage counts towards deck space. The hot tub is used almost 5 Patio. An outdoor uncovered, at-grade space which may be paved or unpaved... Patios at finished grade are not counted as floor area - 26.575.020.D6. Patios developed at or within six inches of finished grade shall not be counted towards Floor Area. h A j Jessica Garrow June 8, 2017 Page 6 of 6 exclusively by the residential occupants of the building (approximately 90%).6 The footage of this area is 154 sq. ft. (See Map Exhibit 11). If you determine it is deck space, for ease of analysis, we are willing to attribute 100% of this area towards deck space attributable to the residential units. The remaining patio space on the northern side o f the building is used exclusively by the commercial occupants. A photo of this area showing the rear of the commercial units and how this area is used by the commercial occupants for their bikes, ski racks, and a table, is attached at Exhibit 12. The location of the hot tub is visible at the left of the photo and is adjacent to this area. Other than the hot tub, none o f these features are used by the residential occupants, so even if this northern area is considered deck space, the footage of it attributable to the residential units is limited to the hot tub. O f course, if it is a patio, then none o f it counts. C. Floor Area Calculations. The following is a summary of the C-600 Residential Floor Areas and deck space calculations: Residential condominiums: 29712 sq. ft. Non-Unit Space attributable to residential uses: Residential egress balconies: 3532 sq. ft. Total free market ("FM") residential floor area. 33,244 sq. ft.. 15% deck exemption (33,244 x 15%) = 4986 sq. ft.. FM existing decks (private balconies): -2688 sq. ft.. FM use of hot tub area on ground level: - 154 sq. ft. Available FM deck footage exemption: 2126 sq. ft. For the foregoing reasons, we respectfully request that you make a Determination that the above floor area calculations and allocations will be used for C-600 and in particular, the expansion o f the deck at Unit 302. Thank you very much for your consideration of this application. Please let me know if you have any questions or comments. Very truly yours, KLEIN COTE EDWARDS CITRON LLC ByÂ·. dÂ« jaut S Z<lia- f,lkO Herbert S. Klein 6 Occasionally, a commercial occupant may take a tub after skiing during the work week. James F. Smith and N. Lindsay Smith Application for Determination of Available Floor Area for Proposed Deck Expansion for Condominium Unit 302 600 E. Main Street Unit 302, Concept 600 Condominiums Aspen, Colorado 81611 RECEIVED Parcel ID: 273707325017 JUN O 8 2017 Cl 1 i j, as PEN June 8, 2017 COM~TY DEVELOPMENT INDEX Document Tab No. Completed Land Use Application and signed Fee Agreement,-alang-wi:14Â·Â·a-ekeekÂ·#eâ€¢ Â·$325.00 furpreâ‚¬easin*Le@00' 1. Pre-application Conference Summary 9 Letter from Owner authorizing the undersigned to act as its representative and providing the name, address and phone number of the Owner and the undersigned representative... 3 Title Certification from Pitkin County Title Company - Unit 302 ...4. Chart with Facts and Definitions ...5. November 16, 2007 Land Use Code Interpretation 6. Building Department File for Unit 210 Deck Expansion City Council Meeting, February 27, 2017 Community Development Memorandum - Hotel Aspen ...8. City Council Meeting Minutes, February 27, 2017 - Hotel Aspen ...9. October 20, 2015 Jim Pomeroy Email .10. Concept 600 Condominium Plat Map 11. Photo of North side of building patio area. 12. EXHIBIT 1 ~ CIT+OF AS#iN CCSMMUNITY DEVELOPMENT DEPARTMENT ATTACHMENT 2 - LAND USE APPLICATION PROJECT: Name: Smith Deck Expansion Request for Determination Location: Unit 302, Concept 600, 600 E. Main Street, Aspen, CO 81611 Parcel ID # (REQUIRED) 273707325017 APPLICANT: Name: James F. Smith and N. Lindsay Smith Q Address: 600 E. Main Street, #302, Aspen, CO 81611 0 -r 9 tr> 0 1 Phone#: 970-920-3687 9 Co REPRESENTIVATIVE: U 1 - ;11 Name: Herbert S. Klein, Esq., Klein Cote Edwards Citron LLC *4 i 11 r, Address: 101 S. Mill Street, #200, Aspen, CO 81611 -4 Phone#: 970-925-8700 U GMQS Exemption I Conceptual PUD U Temporary Use Â£ GMQS Allotment I~ Final PUD (& PUD Amendment) Special Review Subdivision D Conceptual SPA l ESA -8040 Greenllne, Stream 0 Subdivision Exemption (includes l Margin, Hallam Lake Bluff, Condominiumization) D Mountain View Plane Â£ Final SPA (&SPA E Commercial Design Review E Lot Split Amendment) D Residential Design Variance Â£ Lot Line Adjustment D Small Lodge Conversion/ Expandon O Conditional Use Other: EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc,) Free market residential unit in Concept 600..built .in 1973 PROPOSAL: (Description of proposed buildings, uses, modifications, etc.) Expand existinA Unit 302 balconies by approximately 30 s,f, Have you attached the following? FEES DUE: $ @ Pre-Application Conference Summary Attachment #1, Signed Fee Agreement Response to Attachment #3, Dimensional Requirements Form ~ Response to Attachment #4, Submlttal Requirements - Including Written Responses to Review Standards ~ 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 sunlmary wlil Indicate If you must submit a 3=D model. March, 2016 Citv of Aoen I 130 S. Galena St. 1 49701 920 5050 Exhibit 1 ---1~1 ~.7T~r-----2-9-Â·r=-bl.rl=.tÂ«= di A' AM'- Â· i .~/"M~=, i , 19Â·Â· "Â·11 1 ~J. i ,%.laa,idifi K._in~;=-M~ ~i~:WI-*Abihitillit~ Agreement to Pay Application Fees An agreement between the CitY of Aspen ("City") and Property James F. Smith Phone No.: 713-249-0598 Owner ("1"): Email: N. â€žLindsay Smith jimlindsaysmith@yahoo.com Address of same as billing address Billing 600 E. Main Street, #302 Property; Address: (Subject of (send bills here) Aspen, CO 81611 appllcation) 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 , S. flat fee for $. flat fee for . 3. 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 Tnvolved In processing the application. I understand that additional costs over and above the deposit may accrue. l 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 agreethat invoices mailed bythe 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 Rev[ew Fee Policy Induding consequences for no-payment. 1 agree to pay the following initial deposit amounts for the specified hours of staff time. 1 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, 1 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. i $ 325.00 deposit for i hours of Community Development Department staff time. Additional time 1 above the deposit amount will be billed at $325.00 per hour. $ depositfor hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour, 1 City of Aspen: propey~erL 0 *F*2 \ 1 /A"144 8 - Jessica Garrow, AICP Community Development Director Nanie: James F. Smith City Use: Title: Fees Due: $ Received $ Owner --***=&*At././.InK=,N-li~~ ./....0-0.14 -4,--5+~~U=-'4zl-~1122-~~*~CIC ~-~-~ LINDSAY SMITH 043 2296 JAMES SMITH J 82-340/1021 600 E MAIN STREET APT 302 ASPEN, CO 81611 4/9-7/1 DATE PAYTOTHE 1 $ 3 2/06 ORDEROF joit g fe e7 Lth i/n- Jle.R *fa,4/1416* fo-e AP' /DOUNBE, fl ..U]lis on secunly F,alurei Back. 4Â« Alpine Bank ~4 Nd)' 000 East Hopkins, Suite 001 ~ ~ e Aspen, CO 81611 Alplne Info-Une/Funds Verificalon â€¢ (888)425-7463 , _A FOR x /fiP. 10 C~ hdi,12-- .U.. -uV PJP I:10 2103407,: 20 20 318 914 11' 20 & Harland Clarke EXHIBIT 2 ~ CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Jessica Garrow, 429-2780 DATE: March 31, 2017 PROJECT: 600 E Main, Concept 600 REPRESENTATIVE: Herb Klein, Jim and Lindsay Smith DESCRIPTION: The applicant is requesting an administrative determination regarding the allocation of floor area for the Concept 600 Building. The City's Land Use Code includes a number of provisions and requirements related to allocation of floor area for mixed-use buildings in the Commercial (C-1) zone district, as well as free-market residential units in the C-1 zone district. The Concept 600 building is a mixed-use building with a level of commercial space and three levels of free-market residential space. The applicant has requested clarification on ho individual space types are currently counted under the City's Land Use Code. Land Use Code Section(s) ro- I. ner.EIVED 26.104.100 Definitions JUN O 8 2017 26.575.020 Calculations and Measurements Ct /l 1.5/EN 26.710.150 Commercial (C-1) Zone District COMivictiiTY DEVELOPMENT Link to the Land Use Code: http://www.aspenpitkin.com/Departments/Community- Development/Planning-and-Zoning/Title-26-Land-Use-Code/ Review by: - Staff Public Hearing: No Planning Fees: Deposit of $325 for 1 hour of work (additional planning hours over deposit amount are billed at a rate of $325/hour) To apply, submit the following information: 1. Total fee for review of the application. 2. Completed Land Use Application Form. Page 2. http://www.aspen pitkin. com/Departments/Com mun ity-Development/Planning- and-Zoning/Applications-and-Fees/ 3. A Pre-Application Conference Summary (This document). 4. A letter signed by the applicant, with the applicant's name, address and telephone number in a letter signed by the applicant, which states the name, address and telephone number of the representative authorized to act on behalf of the applicant. 5. Letter requesting a determination 6. Backup documentation, including: a. Condo Plat and associated key/legend outlining GCEs and LCEs, as well as areas that are commercial and free-market residential. Exhibit 2 b. Documentation of how similar spaces have been calculated in the past c. Permit number and/or address of previous property allowed to expand their Main St. facing deck. d. Proposed allocation of floor area and deck exemption areas by use and floor. 7. 2_Copies of the complete application packet. 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. 1 ---- EXHIBIT 3 =------ JAMES F. SMITH AND N. LINDSAY SMITH 600 E. Main. St., Apt. #302 Aspen, CO 81611 (970) 920-3687 Junel, 2017 Jessica Garrow, Director Community Development Department City of Aspen 130 S. Galena Street 3rd Floor Aspen, CO 81611 RE: Application for Determination ofAvailable Floor area for Proposed Deck Expansion at Unit 302, Concept 600 Condominiums, located at 600 E. Main St., Aspen, Co. (the "Property"), Dear Jessica, This letter will confirm that Herb Klein and the other attorneys at Klein Cote and Edwards and Citon, LLC are authorized to represent the undersigned, who are the owners of the above described Property, with respect to the determination described above and all land use matters related thereto. Mr. Klein' s address and contact information is: 101 Â·S. Mill St. #200 Aspen, Co. 81611 970-925-8700 Email: hsk@kceclaw.com If you have any questions, please feel free to contact me at the address above. Ve]~ituly yours, ~ 9V1O 97 9< 4~,2 Rines/F. Smith 44-21 Â«1 4-4 k Lindsay 2891 RECEIVED JUN 0 8 2017 CITY OF nSPEN COMMOWITY DEVEL0F18[[ Exhibit 3 - V ---- EXHIBIT 4 MEMORANDUM OF OWNERSHIP-ACCOMMODATION NO LIABILITY PITKIN COUNTY TITLE, INC., A DULY LICENSED TITLE INSURANCE AGENT IN THE STATE OF COLORADO. BY EXAMINATION OF THE RECORDS OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO, DISCLOSES THE FOLLOWING: GRANTEE IN THE LAST INSTRUMENT OF CONVEYANCE JAMES F. SMITH AND N. LINDSAY SMITH LEGAL DESCRIPTION UNIT 302, CONCEPT 600 CONDOMINIUM, according to the Map appearing in Plat Book 4 at Pages 442 thru 444, and as defined and described in that Declaration for Concept 600 Condominium, appearing in such records in Book 275 at Page 545, and Supplemental Declaration thereto recorded in Book 282 at Page 71. DEED OF TRUST APPARENTLY UNRELEASED NONE LIENS AND JUDGMENTS (AGAINST LAST GRANTEE) APPARENTLY UNRELEASED NONE THIS INFORMATION IS FOR YOUR SOLE USE AND BENEFIT AND IS FURNISHED AS AN ACCOMMODATION. THE INFORMATION HAS BEEN TAKEN FROM THE PUBLIC RECORDS, WITHOUT REFERENCE TO, OR EXAMINATION OF, INSTRUMENTS WHICH PURPORTS TO AFFECT THE REAL PROPERTY. THE INFORMATION IS NEITHER GUARANTEED NOR CERTIFIED, AND IS NOT AN ABSTRACT OF TITLE, OPINION OF TITLE, NOR A GUARANTY OF TITLE, AND OUR LIABILITY IS LIMITED TO THE AMOUNT CHARGED FOR THIS REPORT. EFFECTIVE DATE: July 1, 2016 PITKIN COUNTY TITLE, INC. BY: Â© u %02* Authorized Officer JOB NO: ACCOM2755 RECEIVED JUN 0 8 2017 { J L '. -iÂ¥ 9/'2'. 1 - u.vcLOPMENT Exhibit 4 CITY OF ASI HRETT PAID CITY OF ASPEN WRETT PAI -- DATE DATE REP . NO, 63 25 6 4 -37<LD Lta) Â£%'temÂ· ~b No,6.325- WARRANTY DEED TRISDICED, Made this 27 th day of April , 2000 , between SHARON M. PRIOR of the sajd County of PITKIN and State of COLORADO , grantor, and JAMES r. SMITH AND N. LINDSAY SMITH whose legal address# 6542 WESTCHESTER AVENUE HOUSTON, TX 77005 of ihe said County of and State of TEXAS . grantee: WITNESS, that the grantor, for and in consideration of the sum of Ten dollars and other good and valuable consideration DOLLARS, the rec:3pt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by tbese presents does grant, bargain, sell, convey and confirm, unto the grantees, thelr heirs and assigns forever, not in tenancy ill common but in joint terancy. all the real propeny, logether with improvements, if any, situate, lying andboing in the said Counly of PITKIN and State of Colorado described as follows: Condominium Unit 302, CONCEPT 600 CONDOMINIUM, according to the Map appearing in Plat Book 4 at Page 442-444, and as defined and described in that Declaration for Concept 600 Condominium recorded May 9, 1973 in Book 275 at Page 545 as Reception No. 159487 and Supplemental Declaration thereto recorded December 6, 1973 in Book 282 at Page 71 as Reception No. 164072. COUNTY OF PITKIN, STATE OF COLORADO. also known bystrectand number as: 600 E. MAIN STREET #302, ASPEN, CO 81611 TOGETHER widl all and singular the hereditaments and appurtenances thereto be!onging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate. right, title, interest, claim and demand wbab soever of the gnmor, either in law or equicy, of, in and to the above bargained premises. with the hereditaments and appurtenances. TO HAVE AND TO BOLD the said premises ab Dvc bargained and described. with the appurtenances, unro the grantee, his heirs and assigns forever. And the ginmor, for himself, his heirs, and personal representatives, does covenant, grant, bargain, and agree to and with the grantee, his heirs and assigns, thaiat the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inhehence, in law, in fee simple, and has good ~gbt, full power and lawful authority to grant, bargain, sell and convey mhe same m manner and form as aforesaid, and that the same are 1Â¥ee and cle;tr from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of wbatever kind or nature soever, except those apecific Exceptions shown on the attached as nEXHIBIT 1â€¢. The giantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the qubt and peaccable possesdon of the grantee, his heirs and assigns, against all and eve person or persons lawfully claiming the whole or any pan thereof. The singular number shall include the plum!, the plural the singular, and the use of any gender shal] be applicable to all genders. IN VITINESS WHEREOF, the grantor has executed th}s deed on the date set forth above. SkARON M. PRIOR . 6. ba State of COLORADO > 1 ) SS. County of PITKIN ) The foregoing instrument was acknowledged before me 1his ~7 day of by SHARON M. PRIOR 149 comut,idion exp-ire;s ( 2- 2.71 -000 1 , Witness my han*pd official seal, <7 L/*664(0- >*t#84* t- #640; 466 N Notary Public ~ File No. 000262*7 Sle,=1 Titic of Aspm, 1,3(. No. 92!A WARRANrY DEED rro Jotct Ter.nu) (Â¥921ANEW) 11111111111111111111111111111111111111111111111111 lili = Rev.7~99 442717 84/27/2000 11:04A WD DAVIS SILVI 1 of 2 R 10.00 D 56.50 N 0.00 PITKIN COUNTY CO 000ULZ/)0 03AI303Â£ N0I1UBU'1030 333*81 7 EXILIBIT 1 EXCEFrIONS File Number: 00026887 1. Distribution utility easements (including cable TV). 2. Those specifically described rights of third parties not shown by the public records of which Buyer has actual knowledge and which were accepted by Buyer in accordance with paragraph Bb of contract Form No. CBS 1-9-99 [Matters Not Shown by the Public Records]. 3. Inclusion of the Property Within any special taxing district. 4. The benefits and burdens of any declaration and party wall agreements, if any. 5. Unpatented mining claims; reservations or exceptions in patents, or an act authorizing the issuance thereof; water rights, claims or title to water. 6. Taxes for the year 2000 and subsequent years not yet due and payable. 7. Right of way for ditches or canals'constructed by the authority of the United States, as reserved in United States Patent recorded in Book 185 at Page 69. 8. Easement granted to Aspen Metropolitan Sanitation District recorded in Book 264 at Page 859. 9. Terms, conditions, obligations and restrictions as set forth in the condominium Declaration recorded May 9, 1983 in Book 275 at Page 545 as Reception No. 159487 and First Supplemental thereof recorded December 6, 1973 in Book 282 at Page 71 as Reception No. 164072. 10. Restrictions as set forth in the Articles of Incorporation and By-Laws and amendment thereof recorded in Book 282 at Page 66. 11. Agreement between J, R. Trueman & Associates, Inc. and City of Aspen Planning and Zoning Commission recorded in Book 282 at Page 61. I lim Illil 1111111111111111111111111111111111111111111 442717 04/27/2000 11:04* WD DAVIS SILVI 2 of 2 R 10.00 D 36.50 N 0,00 PITKIN COUNTY CO Ste,nut T,tle or Aipen, Anc Exhiblt 1 - Dcod Exeeptiont o'DZEDEXCEn) Rev. 7/99 -- ----,= EXHIBIT 5 EXHIBIT 5: CHART OF DEFINITIONS AND FACTS Below are descriptions for various items pertinent to this discussion. Those italicized portions are extracts from Jessica Garrow's November 16, 2007, Land Use Code Interpretation, that was approved and issued by Chris Bendon (attached at Ex. 6). The other definitions in this chart are from the Land Use Code and the International Building Code. Concept 600's Egress Other Item Description balconies An outdoor, unheated Concept 600's egress balconies are not area appended to a living decks because space but not intended â€¢ They are not entirely for living. private spaces. Deck Jessica 2007 â€¢ They are an integral interpretation stated,... parts of the building a deck or a loggia is mass, not appended to entirely private space... any living space. A deck or porch attached Concept 600's egress to a living space and balconies are not a type open on at least one side, of loggia because they developed under a roof as â€¢ are not exclusive or an integral part of the private spaces because building's mass rather people come and go, Loggia than as an appended uninvited, to and from element. these spaces. See above for the interpretation that a loggia is an entirely private space. Same as a deck Concept 600's egress balconies are not Jim Pomeroy calculated i.e. it is appended to the balconies because they that the size of the actual building and is private â€¢ are not private and balconies (real Decks) Balcony â€¢ are not appended to the building on the front, east side and west side of C600 is 2,400 sq. ft. 1 9 1Tqfqxq Exterior An unenclosed deck on Concept 600's egress balconies are not Exterior passageways Passageways the second floor or exterior passageways because are subject to the 15% (26.104.100) above that is open on at â€¢ they are not open on two or more sides limitation least two (2) sides that links two or more enclosed portions of a structure and serves as a principal access to outside loaded lodge rooms or multi-family dwelling units. Decks, Balconies, They can have Concept 600's egress balconies are not Free-market is not Loggias, Gazebos, permanently fixed decks, balconies, etc. because allowed to use Trellis, Exterior seating, grills, etc. these spaces cannot have anything on exemptions from Stairways and Non- them whether permanent or not because 26.575.020(D). Street-Facing they are fire egress balconies and Porches corridors. 2 Other Information Concept 600's Egress Item Info Other Balconies Fire egresses are Fire egresses are counted as Concept 600's egress balconies According to Ed Van defined by the building floor area not as deck floor are fire egress balconies because Walraven, former International area. they Aspen Fire Chief, Building Code as â€¢ are connected to the enclosed these C600 egress either Examples are: (i) In 2012, Concept fire-escape stairwells at each balconies meet the â€¢ an enclosed 600 Unit 210 was issued a permit to end ofthe building and requirements of a corridor (egress expand its deck; (ii) Recent provide the requisite properly maintained corridor) or approvals for Hotel Aspen emergency fire egress for all fire egress because â€¢ an egress recognized that similar egress the residential units and they are kept free of balcony (a balconies are not considered decks â€¢ cannot be used as a deck, as any obstructions that corridor open on and noted that they could be indicated in the Land Use impede their use for one side). enclosed without increasing floor Code. For example, decks fire egress Also, area because they are already can have permanent (International Fire â€¢ The two forms treated as existing floor area. installations of grills, seating, Code Section 1031). of fire egresses planters, etc. are required by Also, the C600 IBC and are Declaration forbids treated as any item to be placed equivalent. on theses fire egresses. 3 Other Information (Continued) Concept 600's Egress Area Info Other Balconies Circulation Commonly shared areas Concept 600's egress balconies features/hallways/corridors that meet the definition of have both fire egress corridors "Non-unit space" as such and fire egress balconies and those under also serve as circulation 26.575.020.D14 features/hallways. â€¢ Circulation features, for example hallways, that are shared (used by multiple uses) are considered non-unit space. Hotel Aspen vs. Concept The term "circulation The same configuration of linked 600 corridor: shows up in Hotel egress corridors and egress Aspen's original and balconies are "circulation amended application and corridors" and not "decks" in the these areas are not counted Hotel Aspen applications and as deck floor area. these features of the Concept 600 should be treated the same way. 4 EXHIBIT 6 ~ < CITY OF ASPEN COIVIMUNITY DEVELOPMENT DEPARTMENT LAND USE CODE INTERPRETATION JURISDICTION: City of Aspen APPLICABLE CODE SECTIONS: Section 26.104.100 Section 26.410,040(D) Section 26.410.040(D)(1)(b) Section 26.575.020(A)(2) EFFECTIVE DATE: November 16,2007 WRITTEN BY: Jessica Garrow, APPROVED BY; (414 Chris Bendon, Long Range Planner Date: Â¢jt>1 1(2 7009- Community Development Director COPIES TO: City Attorney City Planning staff SUMMARY: This Land Use Code interpretation clarifies the definition of a Porch and applicability of the porch standard in the Residential Design Standards, The request was filed by Stan Clauson of Stan Clauson Associates, The requester shall have the right to appeal this code interpretation, as outlined below, BACKGROUND: The requester, Stan Clauson, has requested an interpretation of the Porch definition in conjunction with a project proposed in the R-15 PUD zone district near Ajax Mountain. The site is sloped, and the requester wishes to receive confirmation that the porches proposed on all of the building's levels meet the City's definition of porch, and would therefore be excluded from the calculation of Floor Area, DISCUSSION Staff has relied on six (6) sections of the Land Use Code, to render this interpretation, Following are the sections, emphasis added. A. Section 26,104.100, Definitions - Porch. An un-insulated, unheated area under a roof, enclosed on at least one side bv an exterioi wall of living space, atid open on at least two sides to the out doors. with or without screens. B. Section 26,104.100, Definitions - Deck. An outdoor, unheated area appended to a tiving space but not intended for living, Porch Interpretation Page I of 3 Exhibit 6 C. Section 26.104.100, Definitions . Loggia. < A deck, or porch attached to a living space and open on at least one side developed under a roof as an integral part of the building*s mass rather than as an appended etement. D. Section 26,410.04004 Residential Design Standards - Building Elements. The intent of the following building elenients standards is to ensure that each residential building as street-facing architectural details and elements, which provide human scale to thefagade, enhance the walking experience, and reinforce local building traditions, E, Section 26.410.04003(1)(b), Residential Design Standards -Entry Porches, 4 covered entry porch ofÂ»y (50 or more square feet, with a minimum depth of sixfeet (67 shall be part of thefrontjagade. Entry porches andcanopies shalt be nomorethanone story in height. F, Section 26.575.020(A)(2), Floor Area - Decks, Balconies, Porches, Loggias, and Stairways. The calculation of the Roor area of a building or portion thereof shalt nor include decks,, balconies, exterior .stairways, gazebos, and similar.features, Â·unless the orea ofthesefeatures is greater than.fifteen (15) percent of the maximum allowable.floor area of the building (the excess qf the 15% shall be included). Porches and Iandscope terprices shall not be counted towards FAR, Citation A statesÂ·that a poroh must be under a roof, that one side must be adjacent to an exterior wall of living space, and open on at least two sides to tile outdoors, The definition above does not hidicate if the area is or is not intended for living, From Citation B above, a deck is an area adjacent to a living space, but "not intended for living." Citation C states that a loggia is either a deck or a porch that is under a roof as an integral" part of the building, not an "appended" element, From the above definitions, a porch becomes a loggia when it is an "integral part of the building's mass." A deck becomes a loggia when it has aroof over it and when it is an"integral part of the building's mass," None of the above definitions explicitly states that the elements are intended to be on a certain story of a building. The definition of a porch in Webster's Dictionary, Seventh Edition, is "a i covered entrance to a building, usually with a separate roof," or "a plaoe for waiting before entering." This definition clearly outlines that a porch is on the first story, whei'e a building's entrance is located, As a practical matter, when a homeowner expects a delivery, from say UPS, a common statement may be "I will be gone when you are scheduled to deliver my package, please leave it on my porch." In saying this, the homeowner is anticipating that the UPS driver Â· will leave the package on their front or rear porch, located on the first story, and is not expecting the driver to climb up their home to leave the package on a second or third story "porch." Forther, the Residential Design Standards, which all new residential buildings must comply with, clearly indicates that porches are intended to be only on the first story. As Citation D states, the intent of the Building Elements seotion ofthe Residential Design Standards is to ensure that all residential buildings include street-facing elements that reinforce local building traditions. One local building tradition supported in the design standards is a one-story front porch, outlined in Citation E above, The porch is intended to shield visitors from the elements before they are welcomed into the home, The porch also helps create a pedestrian scale to now development, Porch Interpretation Â· Page 2 of 3 l... > Because the City believes this local building tradition is important, porches are treated diffel'ently than all other building elements in terms of calculhting floor area. As Citation F states, porches are exempted from FAR entirely, while decks and loggias are excluded up to 15% of the allowable FAR, Once these areas exceed the 15% standard, the excess is counted into floor area calculations. The intent of the porch exemption is not to increase mass by covering a deck and calling it a porch. Rather, the exemption recognizes that the porch is an extension of the private living space in a home that re-enforces local building traditions, and is an architectural element that has a common impression of as being on the first story of a home. INTERPRETATION The Land Use Code requires that decks and loggias be counted into floor area calculations once the elements exceed 15% of the allowable FAR, while porches are entirely exempt from FAR, This difference in calculating floor area illustrates that a deck or a loggia is considered different than a porch. A pot'ch acts as an interfaoe between the public street and the private home and as such is intended to be on the first story to welcome a visitor into the home, A loggia or a deck acts solely as a space for the homeowners and their invited guests and does not function as an interface between public and private spaces. Therefore, because a deck or a loggia is entirely ~ - private space, it can be on any story ofthehome, while aporch can only be on the first story. This interpretation was provided on November 16,2007, and shall become effective on November 16, 2007. This interpretation of the land use code shall be valid until such time as the code sections specified are amended to bnplement this clarifiention or for other purposes. APPEAL OF DECISION Any person with a right to appeal an adverse decision or determination shall initiate an appeal by filing a notice of appeal on a form presolibed by the Community Development Director. The notice of appeal shall be filed with the Comniunity Development Director and with thi City office or department rendering the decision or determination within fourteen (14) days of the date of the decision or determination being appealed. Failure to file suoh notice of appeal within the prescribed time shall constitute a waiver of any rights under this Title to appeal any decision or determination, Porch Interpretation Page 3 of 3 rh EXHIBIT 7 ~ whi City of Aspeil General / Buil~g Permit Application | ~ | 130 South Galena Street Aspen, Colorado 81611 a. 0039Â· 22,1 PMZÂ«_ TiliCmÂ»OFAsrEN Phone (970) 920-5090 Fax (970) 920-5440 Â£* PERMITNO. Job Address 600 Eal rAams\- 42110 A.yen CO <26 11 -(3ZE-z_*{l_.PÂ¥iw 1Lot Block Tract or Subdivision Parcel ID (call 920Â·Sibul legal Description ~ concept 600 un,1- 11 0 27.3707323-01,4- Best Contact Name/Phone/Cell Phone/E-mail C <-dij 970-379- 5770 920- 22 94 6%,3 e .4/ 24c a A 5*-4 06) Â· co,1 Owner Fttess - - PhorleNo E-majt LJbc.,r< Fhm, Iv LLC ' U Go X 15 2 3 2 41*1 c o Â«/612_ Owner's Authorized Agent T , Â£ i Phone No. ternate Pham No. E.mall : I 9, b'c â‚¬ 67,\ 3, Â·'cÂ« r.,n 420Â·2.2.9q Cm,r (37 9,1,0 11 ConÂ·j.*lic ht,AÂ·(c,h~ General Contractor / , Phone No. E.mall U , License No. 5/),-ch COASTRA< t,Uin 9202294 IvÂ·Ve.s,/,c AconskactoR . c-Orh Architect -1 1 Phone No. Alternate Phone No. , E.mall 1,/cd Ell,of 9-70 - 917 -7610 hmas hence,kil-ect Desaiption of ,Â·,ark.: L /1 c},: 61* On 945-1- /1,C 4--Scrw8 St 4*--- 9 .J 4 -1 - Useof Building: O Single Family Bl Multi-Family -2tommercial/Residential U Commercial O Other Cliff of Work: U New m Addition E AlteraUon O Repair O Move O Tenant Finish O Demo O Other V.luation of IV$,0(v < 00 Existing Sq. Ft. of Unit: Sq. Ft. This Permit: f~od SenÂ·ke in this aullâ‚¬Nng? O yes [RI 1 200 i lou no NOTICE: Septilite permits are required for electrical plumbing or mechanical work. This ferrnit becomes nullandvoid if work or construction authorizcd isnot commenced within 180 d:/s, or if construction or work is suspended Oribandorted for a period of 160 days at any time after work has commenced. t hereby certify that I have read acct examined this application and know the same to be true and correct. All provisions of lanis and ord,lances governing this gge of work vAH be compl ed Kith whethei specified herein or not. Tile granting of a permit does not presume to give authority to violate or cancel the provijions of any other state or local law regulating construction or thE performance of con:truction. :t Is nly responsibility to review the approved ptans and any comments that are contained thereon and see that thestructurean{Var projectisbuiltin compliance with allapplicablecodes. USE TAX: The General Contractoror Owner guilder is required to pay @ Use Tax Deposit to both the City of Aspen (2.15& first $100.00(}Is exempt) and Pitkin County (0.5:6, no exemption) on the building perrn at the time of issuance. Atl subÂ·permits pulted under a buitding permit are paid by this deposit payment@nd should not payuse tax. Contractor signature ~-Zi / Print Nime,-- Date LA,> 011#kq 1 1 51 31 Â·- I 2 Owner Sionatute (if Owner/Builder) Print Name ,~ Date Two sets of 24" x 36" drawings and one set of 11" x 17" drawings, drawn to scale, must accompany this application. Permit Type: BD ( Cgj DE FD FN MH MS RF SN PLANS LOCATION 0-789 C~*rey Occupanc~fad (]ccup~V*up lot Area Zone~strict Deed Restrkted No. of stories No. of Dwellings Type af Cons!,ultion: Ailt SA~t~ Req. Fire SEÂ®*ter Reg. Historic Property? HPC Certifkate of Appcooriateness Presubmitta[ byÂ· 0 yes 0 no Wyes 0 no Uyes Uno O yes 0 no Si:e of Building (Total Sq. Ft.) No. of Parking Spaces No. Bedrooms added: No. Bathrooms added: Date: 1030 covered:' uncovered: C) A-) APPROVALS / Authorized by: Date FEES -, Cost FEES Cost ApplicatiE:~r Date: Zoning V 6/ 19017- BUILDING FEES K ZONING FEES 66\3, 122,Â· l G.IS. HPC Aspen San. Dist PlanCheck byÂ·-- Engineering , â€¢1â€¢ Gif,""15""n2 dir9- 6 ~31 1â€¢2. Cit,UseTax Hous# C.ahÂ·in,Reu Oate: 7113 1, L Env. Health Appcoved'fociaq~nce by: countruseTIX l/'' aAY ~rklinpact f 37}1 Date: 7.24*11 Parks Energy Code JIg& Pei Amenityke *ued br Water Eng. SYS. Dev. School Ded. 4717,4/ â‚¬842 TOM Impact Sonitation . .111 8.- Permit Fee . CMP Plan Check EA5** Zoncig /5 1 , |i f /0 -THIS ISAPERMITONLY ~ 220-_ WHEN VALIDATED.WORK Other Fire District REMP STARTED WITHOUT PERMIT WILL BE DOUBLE FEE. Other Other WaterTap RECEIPTS PUEASECALLININSPECTIONTO',970)920-5448 4- 33 14< Exhibit 7 .EFFEENLY 0*92.-2 oll.4-626/=- -- 44- let]-C~ Unit 210 Remodeling Approval bv Concept 600 Condo Association l'he Concept 600 Condo Association Board has reviewed the plans and other documents associated witli Nmodeling unit 210 and has approved the same as specified below: - Approval is based on plaits submitted to the Association by Sitich Constructioti atid Brad Elliot Architect, Inc. on January 16,20 12 as shown in the attached floor plan. - All applicable eity codes and pennits must be applied tbrand adhered to. - The condo garbage bins should not be Med for construction trash, except for incidental debris. - Throughout the project. steps must be taken to minimize dirt. debris. etc. in public areas. i.e. walkways. the elevator. lobbies, etc. The contractor(s) are responsible for keeping the public areas clean. I f the areas are not kept clean and Building Management deans the areas, the owner will be billed for such work at the nite 01'S33/lir. - Theinstallation two new windows in the east wall of the unit. one tor the master bathroom and one for the set:und bedroomitre approved mid must meet city code. - Theirlocation of the livingroom fireplace and the installation of a new master bedroom fireplace is approved provided both meet City code and tile exhaust is of the low profi le style described by Craig Marshall. - Ille proposal to open the clmse in the south-east conter ofthe unit to connect the two porches and 10 Cut 4 - out a section of the east slucco wall us shown in the Iloor plans and elevation is approved. as is the installation ofaccordion doors on Ilie cast an<Isouth tivingrootii walls. The exterior finish and the exterior trim color scheme must be reviewed and approved by tile Association's Architeetuntl Committee prior to installation. The proposed structural changes are acceptable to the Board, as required by the Associalion's Declarations, al Ihe point in ti 11]e thal warmntv :md indemili fication aureentents are siened bv the Associatimi alid approlitÂ·iate countet~ parties. - A glass front door is approved provided il meets the standards set by Board policy at,d the linal finish/color is reviewed and approved by the Architectural Cominittee. The installed door must have transhicent glass with no visible pattern or image in theg[ass. and the glass should comprise a signi ficant portion oftlic door with the bottom. wooden portion of the door f ame having a height tin greater than 12". (See attachment) - All exposed. "wet" cast iron drain pipe must be replaced b>Â· ABS pipe. To tile extent that the pipe is Srmmon element pipe, the owner will be reiinbursed for the cost of the installation. @ Â£*Â·,4 Uf~'0~ 2/94 2- -44Â·i,Â« .filil Â« 9/1 1 1 7-.01 6 Appdved by James Smith. President, ble Accepted by Owder of Unit 2!0. Datd 0,~4Iialt-of the [loard ofthe t.arn- Lallarre Concept 600 Condo Association . 1. 1 E-FR Of) 7 012 1.1 /, ., 111,IDIG~.D' "prij,i-, I -0: |~ .- -1 11-1 - -_r 4 P.k .r- Certificate o~~dcupancy Aspen/Pitkin Community Development Department This certificate issued pursuant to the requirements of the 2003 edition of 110 section of the International Building Code. It certifies thatatthedate ofissuance, the structure as described below was in compliance with the various resolutions and ordinances Fegulating building construction and use in this jurisdiction. Use Classification: RMF Building Permit ' 0052.2011.ARBK Legal Description: CONCEPT 600 UNIT: 210 Building Address: 600 E MAIN ST #210 ASPEN CO 81611 -r Owner of Building: LEBARRE FAMILY LLC L Owner Address: 7518 MIDDLEWOOD ST - HOUSTON TX 77063 Group: R2 Type of Construction: VA Er.cull r=41_ Use Zone: C-1 Description: 4 1 TWO BEDROOM, ONE FULL BATH, ONE 3/4 BATH, ONE POWDER ROOM, KITCHEN, LIVING ROOM, WASHER/DRYER AREA. Comments & Restrictions: LI NFPA13R FIRE SUPPESSION SYSTEM h /\)0,1 :37 20{L ~Chief Building Offici~ Date for which It is issuad. Any atteralloR'or use of these described premises or portton thereofwithout Ille written approval ofthe Building Offktal shall negate this C.O. and sublect It to revocation- Note: In alloccupancies, except R, t s certificate must bo posted in a conspicuous place near tha main exit on the premises M / .....6.- _ .../...... ": .......,0,6 IN.,/. i......j,a/. a. R . 0, ' . W f. i k 1/- I. h. 1 1 ./ lili."/ .. 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J.,-, 9/$-1 , 1 i - 4{4~ w .2.-/0'mI.Ll ' / ,t ,1 -4Â· 24 4 7 ./ ' 7' 4 ~ 3---ar-4.- 1 ,~M Mil; -I '. - /1 .*r, 5 . - 1\ 9 _,U : 07.77 Â· I I. ., 1 . 1 , 4.h:.,e e 4 XCEJUDMh- 11-7 L 9 5 >t--4, 4' thEIUIL Â· , PARTMENT j.4. s %* ) 1/ 1 3 \ e 4 9 . . f -1 1 ' ? .03; 2~*.4ioN~IW 4Xi.42Â·, 1..".3,2 , Â· ~Â·Â· 2 4 v i f '.1 k 'e~~DN~ , .% - 7 4-2~ . 'k '1 -9 . 5 ...7 ...h -. 4 fitjÂ·Â·3.Atkiff*.12(y~ ,~ I . J /1,1 1/.-, . I : .*.~A:24;2951,4*2'I /1-6 -.' :fenttwet-5 J .Â·t ; 4 ' 4,0. 94*QQA' 1 X 211.6*lt*4%(1~ ... '.4 , *4/24,9,4, f I- I 1 .. D t1 r 3 24.1.>'esÂ«Â«7.- L.*41> apez /~/ (2. +062_ ---- EXHIBIT 8 ~ MEMORANDUM TO: Mayor Skadron and City Council FROM: Jennifer Phelan, Deputy Planning Director THRU: Jessica Garrow, Community Development Director RE: 110 W. Main Street, Hotel Aspen - Planned Unit Development - Other Amendment and associated reviews 2nd Reading of Ordinance No. 1 (Series of 2017) - Public Hearing MEETING DATE: February 27, 2017 APPLICANT /OWNER: circulation corridors, reconcile differences in the Garmisch Lodging LLC ordinance and architectural representations regarding setbacks and the building footprint, REPRESENTATIVE: establish an Affordable Housing Credit and extend Stan Clauson Associates and Poss the Vested Rights of the project Architecture and Planning STAFF RECOMMENDATION: LOCATION: Staff recommends Council approve the design 110 W. Main Street modifications proposed and a one year vested rights extension. If Council decides to approve the CURRENT ZONING & USE Certificate of Affordable Housing Credit request, Located in the Mixed Use (MU) zone staff recommends conditioning it on being a for sale district with a Lodge Preservation and unit. Planned Development Overlay, the property currently contains a lodge. Figure 1: Current image of building along Main Street. SUMMARY: 9-i.., The Applicant received final approval in , ;~ ~,~ 2014 to demolish and replace all but the ~-L . , front portion of the existing lodge, lilli.-U1-61' AN- -I'-a- ..94~1~~lit*k - rebuild a portion of the lodge, increase ~ lodge units from 45 to 54 with an --I - average unit size of 300 sf. Three free- ~~ market units were approved as well as 3 166/,0~ onsite affordable housing units. - 9-.--.-ahjrl~U ..ti-_ The Applicant is now requesting an - amendment in order to demolish all of the lodge, rebuild the front portion of the lodge at a taller height, change the design of the pool area and other areas of the . buildi~;enclose certain exterior Page 1 0 f 13 Exhibit 8 PLANNED DEVELOPMENT (PD) - PROJECT REVIEW (EXHIBIT A) The property is located within the Mixed Use zone district and fronts Main Street. It also has a Lodge Preservation overlay upon it which allows variations to the underlying dimensional requirements through the Planned Development review process when a lodge is proposed. Through the PD process the dimensional requirements are set for the project, neighborhood context and underlying zone district standards should be used to assist in determining the appropriate site requirements. Site Plan Changes A few items are proposed to change with regard to the site plan. The pool area is proposed to be reconfigured by changing the size and location of the pool/spa and the four lodge units adjacent to the pool area on the ground floor are proposed to be modified by removing their outdoor patios. Additionally, a patio that was approved as part of an affordable housing unit has been removed, permitting a reconfiguration of the adjacent trash/utility area. Figure 3, below, shows the changes in the pool area and patios adjacent to the lodge units. Figure 3: Approved and proposed pool area 4 7 2 .' r; CH.ic'*,C i * Â°*M!Â° -1 3I- f. _ 1 12 2 -Cil f;i:2 ., 2124~21 -3~_ 11,>Â¢11 - A- E , f-n -Â·Â· m-T-1 -- ........... 41 1- U J.4-1 < '~> , A- 0 ' I ft -~ < r- - r r / -r--1 iII t,USIE'.0 1 61=L - 4-1 .Oct Del. 2[Z rt--1 :Â· 9-~ -9Â«1 Enclosed Circulation Changes A number of circulation corridors are proposed to be fully enclosed so that they are protected from the weather. The enclosed areas include stair towers on the east and west sides of the building, and a circulation corridor that goes from the east to west side of the building. Where perforated metal panels were originally proposed around the stair towers and the exterior corridors had required guard rails, glass curtain walls are now proposed to be added. According to the application, the Floor Area associated with the project will still meet the parameters approved by City Council with the enclosure ofthe circulation corridors. Figure 4: Proposed enclosure along north elevation Page 7 of 13 - V ---- EXHIBIT 9 Reeular Meeting Aspen City Council February 27, 2017 redevelopment in 2014 to demolish most ofthe lodge. It was to be replaced with 54 lodge units, three on site affordable housing units and three free market units. The request for amendment was reviewed by HPC with the recommendation to approve the site plan and dimensional changes. Since 2014 additional design was undertaken resulting in some oftlie requests including site planning, affordable housing credits and vested rights. Site planning requires a site specific approval. There is an alternate design to the pool area. They are also requesting a modified basement footprint and modifications to the trash area and enclosure of exterior circulation. The final ask is an increase in height. The new lodge will have the existing characteristics of the existing Hotel Aspen. The 2013 ordinance approved a height of 28 feet and the ask is for 32. The additional height is allowed under the code they are vested under. It is to allow for a higher head height. Staff recommends approval of the modified basement foot print, modified trash enclosure, modified pool design, weatherproofing of_the circul*ign, and an increase in the height. The additional head height will allow for more livable rooms. The second ask is for a certificate of affordable housing credit. They are approved for three affordable housing units on site. As part of the approvals P&Z approved the creation but to issue the credit the ordinance would need to be modified to allow for establishment. Three units and two are required for mitigation. The studio is not required for mitigation and the applicant is asking that it be established for credit as a rental unit. Today we have a,requirement that if it is a mixed use building it be a for sale unit. APCHA does not support the request. Staff suggest it be a for sale unit also. The final request is extension of vested rights. It was approved in 2014 and the vesting expires in July 2017. The request is an extension for three years. Staff recommends the extension be for one year. It should be enough time to submit a complete building permit. Stan Clauson, Kim Weil, Aaron and Michael Brown Questions from 1St reading - why are 3 years being requested for vesting. High cost of work related to preparing and submitting a building permit require it. Increase in height request. For portion of lodge building only. Overview of project. Most important is the height, affordable housing credit and extension of vested rights. They showed the landscape plan with modified pool design. Showed rendering of the proposed lodge. Showed requested increase in height. Mr. Weil said the actual height increase is spread out evenly between all three floors of the hotel. It does not alter the use of the lodge or increase the approved floor area. F@, the enclosure of the corridors. For the most part theywere included in theoriginal floor ardi galculations. The proposal is to put glaâ‚¬s behind the screenâ‚¬ -- The revised pool configuration. The reduction in the pool footprint provides more outdoor seating. The modified trash enclosure we removed the patio of one of the affordable housing units for the trash enclosure. Creation of affordable housing credit. The project provides 4.75 FTEs of Category 2.3.3 FTE of Category 4 are required for the additional lodge rooms and new free market component. APCHA acknowledges the requirement. When you provide more affordable housing than what is required credits may be the question of whether it is required to be for sale or rental, APCHA was informed they were rental for lodge employees. APCHA wanted to make sure they put qualified employees in those units. The for sale issue never came tip at APCHA and we don't believe that it should come up here. Vested rights extension. The applicant has complied with all provisions. Revisions were made to the proj ect. The efforts and expenditures made by the applicant and the city stands to receive a much more viable and comfortable affordable lodging project. 11 Exhibit 9 - ---- EXHIBIT 10 From: Jim Pomeroy <jim.pomeroy@cityofaspen.com> Date: Oct 20, 2015 11:24 AM Subject: RE: zoning comments main st decks To: jimlindsaysmith@yahoo.com Cc: Jesse James <jesse.james@cityofaspen.com> Jim, Decks are dealt with in two different places in our Land Use Code: 26.104.100. Definitions. Balcony. Same as a deck. Deck. An outdoor, unheated area appended to a living space but not intended for living. Exterior passageway. An unenclosed deck on the second floor or above that is open on at least two (2) sides that links two or more enclosed portions of a structure and serves as a principal access to outside-loaded lodge rooms or multi- family dwelling units. Loggia. A deck or porch attached to a living space and open on at least one (1) side developed under a roof as an integral part of the building's mass rather than as an appended element. 26.575.020 Calculations and Measurements D. Measuring Floor Area 4. Decks, Balconies, Loggias, Gazebos, Trellis, Exterior Stairways, and non-Street-facing porches. The calculation of the Floor Area of a building or a portion thereof shall not include decks, balconies, trellis, exterior stairways, non- Street facing porches, gazebos and similar features, unless the area of these featu res is greater than fifteen percent (15%) of the allowable floor area for the property and the use and density proposed, or as otherwise exempted by this Section. Exhibit 10 As you can see from the definitions above, Deck is more than just Balconies. As I said in my email, the system we used on your building is the identical system we use on all buildings in the City. Based then on the code sections above, we counted all of the balconies, the suspended exterior passageways, and the logia areas outside of each unit. We used the calculation as provided by you for each "pod's" deck total, and when added together they came to 6,220 Sq. Ft. If you have further questions about this matter it may be more helpful for us to meet in person rather than trying to go back and forth by email. Respectfully, Jim Pomeroy Zoning Officer Community Development Department City of Aspen 970-429-2745 jim.pomeroy@cityofaspen.com *Please note that I have a new email address - jim.pomeroy@cityofaspen.com Notice and Disclaimer: This message is intended only for the individual or entity to which it is addressed and may contain information that is confidential and exempt from disclosure pursuant to applicable law. If you are not the intended recipient, please reply to the sender that you have received the message in error and then delete it. Further, the information or opinions contained in this email are advisory in nature only and are not binding on the City of Aspen. If applicable, the information and opinions contain in the email are based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The opinions and information contained herein do not create a legal or vested right or any claim of detrimental reliance. From: Jesse James Sent: Tuesday, October 20, 2015 10:36 AM To: Jim Pomeroy Subject: FW: zoning comments main st decks See below From: Jim Smith [mailto:iimlindsavsmith@yahoo.coml Sent: Tuesday, October 20, 2015 9:20 AM To: Jesse James <iesse.iames@citvofaspen.com> Subject: Re: zoning comments Hi, I'm somewhat mystified by the calculation that reflects that the existing residential balcony square footage is 6,220 sq. ft. rather than the approximately 2.400 sq. ft. shown on the drawings in the submission package. Could you please explain the components of the additional -3,800 sq. ft. of balcony area allocated in your calculations to the free market residential units? Thank you. Jim Smith On Monday, October 19, 2015 9:11 AM, Jesse James <iesse.iames@cityofaspen.com> wrote: Jim, Attached is your comment letter from zoning. Jesse James Permit Coordinator City of Aspen Community Development 130 S Galena St. Aspen, CO 81611 P: 970-429-2763 F: 970-920-5440 - I. THE Cin- 01: ASPEN www.aspenpitkin.com The fees calculated here are estimates only and may not be the final fees charged. Your final fee estimate will be determined at the issuance of permit. Notice and Disclaimer: This message is intended only for the individual or entity to which it is addressed and may contain information that is confidential and exempt from disclosure pursuant to applicable law. If you are not the intended recipient, please reply to the sender that you have received the message in error and then delete it. Further, the information or opinions contained in this email are advisory in nature only and are not binding on the City of Aspen. If applicable, the information and opinions contained in the email are based on current adopted building codes and code administration, which are subject to change in the future, and upon factual representations that may or may not be accurate. The opinions and information contained herein do not create a legal or vested right or any claim of detrimental reliance. EXHIBIT 11 ~ 1*lkmal"alilliwill/"ill'll/fl,lill//IN/"Illi"/Me:WmeuM,lium:imil liR/3 _~4.4 2 Â· t92 .. - . Â·Â· ' ' ' .840 .*I g. Â· 1'4â€¢ -2/<.I-Â· 4-I *... .>.':C. f .76?Gy:'6~. 1-2 Â· 3,0 -' t-- /c,l.'.- Illillillilli' 23 Eq . 4 ~,1 ... ' la. ./ 1, 1 1 ' I ' 1 . .1. r. 4 r . - er.33/ - ./ 1 I ' - '1=, A \. ...M /1 1 74. r I Â» 4- . r..6 ...11'.1.,Holl 6 j'90'1 .. ... ' -;.:,3/ . 0 . I--./1 1,7 1 1 . Â·A , ,-I.~Sll . i.% i i.1 0 .7.LJZ*UC Â»- ./ P 21 Â· . 0, - - .6' 7 All- . 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