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HomeMy WebLinkAboutLand Use Case.128 E Main St.0038.2017.ASLUIl 128 E MAIN STREET 0038.2017.ASLU CHANGE IN USE/ SARDY HOUSE HPC - 2735 124 38 005 -CAUU I. External Media Located Here M-001143 ~ PATH: G/DRIVE /Al~~NISTRATIVE/ADMIN/LANDUSE ~~E DOCS THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0038.2017.ASLU PROJECT ADDRESS 128 E MAIN ST PARCEL ID 273512438 005 PLANNER JUSTIN BARKER CASE DESCRIPTION CHANGE IN USE - SARDY HOUSE REPRESENTATIVE BTRSARDY, LLC DATE OF FINAL ACTION 07.20.17 CLOSED BY ANGIE SCOREY 7.31.17 .Al ¤ Permits 11 35 - 114 - ~ -005 5039 -*t7. ASLU 0 ~File Edit Record Navigate Fnrm Reports Format Iab Help 'i @ @ »< .4- V 2% 14 11-i '14~ « i Q] s '13 22~ 29-H i 14 1 > M m £11& lump 1 C 2*I i.016" !2%3® 2 53<0 +Imi.2 3 [13 a .; -t¢ *] jiUF~ Custom Flelds Routing Status |Fee Summarl 1 Actions |Routing History ~ Permit type ~a siu ~ 7 --Aspen Land Use Permit # 003,2,.2017.ASLU * Address 128 E MAIN ST Apt,Suibe City ASPEN State CO Zip 81€11 Permit Information 4 f_ Master permit ~ Routjng queue aslul 5 Applied C 541 52017 Project p Status pending Approved Description APPLICATON FOR CHANGE IN USE SARDY HOUSE I HOUR OF PLANNING TIME Issuec I v Closed/Pinal Submitted BRE*'STER MCLEOD Clock Running Days F--4 Expires 091 0/2018 ~- 1 Submitted via , - 2. fai~ ---'*,-„sm: ' Owner ' Last name BTRSARDY LLC · First name PO BOX 1 C 1 95 1 BALOALTO CA 942C3 ' Phone () - Address Applicant 41 Owner is applicant? 0 Contractor is applicant? Last name BTRSARDY LLC - First name PO BOX 1C19E ! PALO ALTO CA 942·C2 Phone C)- Cust # 30€22 · Address Email Lender Last name 1 · · First name Phone C) - Address - .- . 11AspenGold5 [ server 1 11 angelas Willi-0f19 C.1611 117 F 40 Ah<-rbi s 432 5,00 15- -~41-22 »85 . 1 #STIT'bril Fxoqiooll I -dn6;Eqe 1I a-. 0 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306 ASPEN LAND USE CODE ADDRESS OF PROPERTY: Let f, 4 , ff cvnd I 54 1,01 , Aspen, CO STATE OF COLORADO ) ) SS. County of Pitkin ) I, Areia Id» Sci-c.~-.n (name, please print) being or repres'enting 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) or Section 26.306.010 (E) of the Aspen Land Use Code in the following manner: u/"' Publication of notice: By the publication in the legal notice section of an official paper or a paper o f general circulation in the City of Aspen no later than fourteen (14) days after final approval of a site specific development plan. A copy of the publication is attached hereto. 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 no later than fifteen (15) days after an Interpretation has been rendered. A copy of the publication is attached hereto. -4»04.-, 1/0 Signature The foregoing "Affidavit of Notice" was acknowledged before me this 29 day of 4,-0 , 20*13 by A-r\Ca~ I (-1 5- PUBLIC NOTICE WITNESS MY HAND AND OFFICIAL SEAL Of DEVELOPMENT APPROVAL Notice is hereby given to the general public of the approval of a site-specific development plan, and the creation of a vested property right pursuant to My commission expires: 2-l 21 £40 the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: Parcel ID #273512438005, Legally described as Lot F, G, H, and I less the noftherly part of the vacated alley 16-44 Ru-40 84.i~3*~ bounded by the extension of the easterly lot lines of Lots I and S and the westerly lot lines of Lots F and Notary Public P, all in Block 66, City and Townsite of Aspen, Pitkin County, Colorado; commonly known as 128 E. Main Street. The applicant has received approval for a change in use of a historic landmark to convert a portion of the property to a residence through an -"**i//h//*O./#R,"M' Administrative Approval granted on July 18, 2017. The change is depicted in the land use application ATTACHMENTS: KAREN REED PATfERSON on file with the City of Aspen. For further informa- NOTARY PUBLIC tion contad Justin Barker at the City of Aspen Com- munity Development Dept., 130 S. Galena St., As- STATE OF COLORADO 0 pen, Colorado. (970) 429-2797. COPY OF THE PUBLICATION 1 NOTARY ID #19964002767 City of Aspen Published in The Aspen Times on July 27, 2017. 0000089693 lEEzissionExPiresfebruary15,20201 .. DEVELOPMENT ORDER of the City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.080, -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 ofthis Order. This Development Order is associated with the property noted below for the site-specific development plan as described below. BTRSardy LLC. 128 E. Main Street. Aspen CO 80611 Property Owner's Name, Mailing Address Lot F. G. H. and 1 less the northerly part ofthe vacated alley bounded by the extension of the easterly lot lines of Lots 1 and S and the westerly lot lines of Lots F and P. all in Block 66. City and Townsite of Aspen. commonly known as 128 E. Main Street. City of Aspen. Pitkin County. Colorado. Parcel ID 273512438005 Legal Description and Street Address of Subject Property The applicant has received approval for a change in use of a historic landmark to convert a portion of the propertv to a residence. Written Description of the Site Specific Plan and/or Attachment Describing Plan Administrative approval granted by the Community Development Director on July 18. series of 2017. recorded at reception #639981 Land tge Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) July 27.2017 Effective Date of Development Order (Same as date of publication of notice ofapproval.) July 27.2020 Expiration Date of Development Order (The extension, reinstatement, exemptionfrom expiration and revocation may be pursued in accordance with Section 26,308.010 of the City of Aspen Municipal 7 L 0(le. ) Issued this 20th day of July, 2017, by the City of Aspen Community Development Director. r /14*C# #FFI/l/Le ~ssica Garrow, (12~munity Development Director .. NOTICE OF APPROVAL FOR A CHANGE IN USE OF HISTORIC LANDMARK STRUCTURE LOCATED AT 128 EAST MAIN STREET, LOTS F, G, H, AND I LESS THE NORTHERLY 75 FEET THEREOF, AND ALL OF LOTS P, Q, R, AND S AND THAT PART OF THE VACATED ALLEY BOUNDED BY THE EXTENSION OF THE EASTERLY LOT LINES OF LOTS I AND S AND THE WESTERLY LOT LINES OF LOTS F AND P, ALL IN BLOCK 66, CITY AND TOWNSITE OF ASPEN, COUNT OF PITKIN, STATE OF COLORADO. Parcel ID: 273512438005 APPLICANT: BTRSardy LLC, 128 E. Main Street. Aspen, CO 81611 REPRESENTATIVE(S): Brewster MeLeod Architects. Inc. PO Box 697, Aspen, CO 81612 Alan Richman Planning Services, Inc. PO Box 3613, Aspen, CO 81612 SUBJECT & SITE OF APPROVAL: Growth Management Quota System (GMQS) change in use of historic landmark sites and structures at 128 E. Main Street SUMMARY: The Sardy House was originally built in 1890 and was occupied as a residence and occasionally as a funeral home. In 1985, the subject property was granted conditional use approval to operate as a 10-12 room boardinghouse. which included an addition to the rear of the historic house and an attached carriage house structure to the north. In 2003, a change in use approval was requested to convert a portion of the property back into a residence. Available records do not include a signed copy of the approval or the map that was intended to indicate the extent of the change in use. Therefore. the Applicant is requesting a change in use approval to clarify and confirm the allowed uses of the property. There is no longer a definition in the Land Use Code for boardinghouse. However, a code interpretation was rendered in 2006 which stated that the boardinghouse use is still required on the property and the 1985 definition for -boardinghouse" applies. The 1985 definition states: A building or portion thereof other than a hotel. motel. lodge, or multiple-family dwelling wherein lodging and/or meals are provided for six (6) or more persons for compensation, which compensation may include money. services. or other things ojvalue. 1 i l 11111111111 11111111111 11 1111111111111111 1 111 111 11 lilli lili I i'11111 11 Ill 1 128 E. Main Street RECEPTION#: 639981, R: $58.00, D: $0.00 PID 273512438005 DOC CODE: APPROVAL Change in Use Pg 1 of 10, 07/18/2017 at 03:28:04 PM 1 of 3 Janice K. Vos Caudill, Pitkin County, CO .. The Applicant also requests a formal determination that the current use and operations still meet the requirements of a boardinghouse under the 1985 definition and current Land Use Code definition of "lodge". STAFF EVALUATION: Change in Use: Although the 2003 administrative change in use approval does not include the intended map. the language indicates that the division between the boardinghouse use and the residence occurs at the parking courtyard between the carriage house and the rest of the structure. The Applicant is requesting to memorialize this as the limit of the change in use, noted in Exhibit A. Given the documentation available, staff finds this to be consistent with the 2003 change in use. Although the 1985 boardinghouse definition only requires lodging for a minimum of six (6) persons, the conditional use granted in 1985 represented a 10-12 room boardinghouse. The conditional use approval remains valid provided at least ten (10) rooms are maintained on the property. Any less than ten (10) rooms will require a conditional use amendment pursuant to the Land LIse Code in effect at the time of application. The Applicant would like to use the commercial kitchen and dining area within the residential use to prepare and serve meals for guests of the boardinghouse and use the spa within the boardinghouse for the occupants of the residential use. These areas are identified in Exhibit A. Ideally, these spaces would be contained within the uses they support. However, since these spaces are already located within the other uses, staff finds the exchange o f these spaces acceptable. Use Determination: The current configuration includes lodging accommodations for a minimum of six (6) people, meeting the requirement for a boardinghouse under the 1985 definition. It also appears that the proposed physical characteristics of the current operation generally satisfy the requirement of a lodge use. Many of the characteristics are consistent with those of a lodge use as defined in Land Use Code Section 26.104.110.C. The definition for lodge use requires on-site management and reception services. The attached lodge audit (Exhibit B) does not include these features on-site. but suggests that a property manager will handle these operations when a reservation is requested. Staff finds this satisfies the requirement given the unique configuration. operation, and marketing of the boardinghouse use. The audit also states the adjacent residence is used to provide meals for the guests of the boardinghouse. The provision of meals is not required for a lodge use and may be removed from the operation at any time without invalidating this determination. Although the physical requirements are met, pursuant to Land Use Code Section 26.575.210, staff may request additional lodge audits in the future to ensure compliance with the Land Use Code, including requirements for lodge operations, and to obtain information pertaining to the manner in which short- term occupancies are marketed and managed (although staff recognizes that there are no specific marketing channels or rates that are required.) 128 E. Main Street PID 273512438005 Change in Use 2 of 3 .. DECISION: The Community Development Director finds that the proposed change in use is consistent with previous approvals and thereby APPROVES the request and confirms the conformance of the boardinghouse use with the following conditions: 1. The boat'dingliouse ilse shall maintain a minitnum of ten (10) boardinghouse rooms and shall be available for lodging and/or meals a majority of each calendar year. A reduction iii the number of rooms requires a conditional use amendment pursuant to the Land lIse Code in effect at the time of application. 2. The commercial kitchen and dining area within the "residential use" (noted in Exhibit A) may be used to prepare and serve meals for guests of the boardinghouse use. 3. The spA within the "boardinghouse use" (noted in Exhibit A) may be used by the occupants of the residence. 4. Minor changes to the interior configuration may be approved at building permit to comply with required building, fire, and accessibility codes without invalidating this approval. ACCEPTEyBY: A ~AA ~I\ ull,4 liu .'I¥l AppliUffititepi€s6italve Date APPROVED BY: /1&6120 2-**2 -al 1-4-1 17 Jepsica Garrow l J Date Fommunity Deveropment Director Attachments: Exhibit A - Floor plans designating use locations (recorded) Exhibit B - Lodge audit summary (recorded) 128 E. Main Street PID 273512438005 Change iii Use 3 of 3 SITE NOTES BIM IA L ALL EXIERIal A~EA6 AhZ> Al·ENITI. Ae BRE,CTERM©LECOARC,•rTECT~ B-IAL 08M ASPEN 4 -*V/4.i:I '8 t(© 43Or PO ../. As- CO Gieii yILLUWDE I i:..'di: CO 8 1~ ~4 , W ' - ' .*<145 -4: i <2-·39~02-9 N--2-< pal 4..9. l \Ul IF--~h ~:1 j PATI -% /:41£..<-7 -- ./.3 'fi i / INT \/1 8-/ WI 1 / 4 1 1 POOL ....1 1 - LU D O Jo 'l : , 0 / 0 1 14©LN /- 11'' 1 1 0 / l ©»4~ i ip i d < -41 f : 5 00 31 1' 1 r 01 <4} 3 ! E 1 1 - 4// bl j Ji l i (01 -14 3 : 7-# 1 "A ./ I \ 6~011 1,~ND lME 9 «t\- ---r- . *-- -<42:Gr». / -«237---- / --/10-,™6 2 1 1 1 C = 10'-0 D... 4-=-E- JBM / J.M 1 0 4»Vh.*.94©V»,<.0'.E 4 'Rt /1/ I SITE PLAN SITE PLAN Al.00 L_ - _ NOT FOR CONSTRUCTION 13211% u!1? IN 1%134 00 'uads LEGEND BIMIA 18 2 M- ~"~~~~~1 ....8E 1,1~E ..%...(01,ARCHITECTI It j Ill Ea~ 44 - t - ....14 - *5~E. PO 80.69; · Asce' CO 01611 ..... .:a:Z- 1 26 5,:~11, (>a. 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DO -,f.»*4m-ca~ AOL-7 [10 1- rt==~ LU O M i 110 I 4 C O.EU //1 -74 5 -T.2 0 n W 9 M 3 < - M ...~.,3 0 5 3 11 =l'.16 6]3;01/% USE 6]410!1 IB# 111 ~ 1 1-1 lili r-LI ~LLLUnj Z N -1 Al I 90 7 m 11 11 lilli/ Lal =L_~ h1 / ,- 3 j .2/ b al JHkl 1RNI PROJEr r N riu IN FLOOR PLAN 1-1 SECOND LE\'Fl PROP()SED SECOND LEVEL FLOOR PLAN -PROPOSED USES A2.22 NOT FOR CONSTRI1CTION C>Uu- /-h LEGEND B IM IA 1-H r------1 ....4GlmE 'E BRE~TERMeL£ODA,*CHITECTS 01114«1 - <.tpENTIALUSE As,fu '011 PO . .. Aster CO 21¢11 *le emil +11 ble 2-91 mDE 79, ;,acc 0©4 T '70.'43: d -* -W .... 7 ~»Idl,[Ade I=€5' 12=*EGG«Z57 . 97***U CD P I ED rad 0 5 9 *n« 1=4-- 1 CO V' 04 E / , ./.1 ILAND USE - ~ 614'011 le,18101 42-- = 1 .41 11{ll N FLOOR P[.AN 3 16 == 11/ JB!,I / JHI~1 01 I'Rn]K IN - ~ lA2.23 /7\ THIRD LEVEL FLOOR PLAN - PROPOSED USES THIRD LEVEL | PROPOSED NOT FOR CON,fTRUCTION E[Sno .. 1. h EXHIBIT B MEMORANDUM Date: June 14, 2017 To: Justin Barker, Planner City of Aspen Community Development 130 South Galena Street Aspen, CO 81611 Project: Sardy House 128 East Main Street Re: Lodge Audit Information for Sardy Boardinghouse From: Jamie L. Brewster McLeod Attachments: • Sec. 26.575.210 Lodge occupancy auditing • April 27, 2017 Land Use Application Determination of Completeness Dear Justin, We have received your memo that our Land Use Application submitted on 4/25/2017 was incomplete, missing the Lodge Audit Information meeting the requirements of Sec. 26.575.210. Operating Characteristics • Number of Rooms: There are nine (9) bedrooms with associated bathrooms and one (1) bedroom suite with an associated bathroom, kitchen, and living area • Meals: When the boardinghouse is occupied, breakfast is served daily in the breakfast area which is located within the residence Room service for boardinghouse guests is also available upon request If a group is using the boardinghouse and wants other meals to be prepared, the property manager will arrange to have a chef and other personnel on-site to prepare and serve those meals • Onsite amenities: Spa area for massages only (Permit pending for remodel of this area) Shuttle Service Six (6) Onsite parking spaces, shared with residence Ski storage • Staff: There are three (3) staff persons involved in the operation of the boardinghouse o Property manager, whose job it is to handle reservations and to ensure that the property is available for lodging and or meals for the majority of each calendar year BREWSTER MCLEOD ARCHITECTS, INC. office@brewstermcleod.com - www. brewstermcleod.com 112 South Mill Street, #B Top Floor- P.O. Box 697 - Aspen, CO 81611 - T 970/544.0130 - F 970/544.9201 126 South Oak Street Unit A - Telluride, CO 81435 - T 970/728.4300 - F 970/544.9201 0000 00 0 .. Housekeeping Maintenance employee Marketing and Rates • Short term occupancies are not marketed through traditional channels • There is no published rate schedule. Rates vary and are determined on a case-by-case basis. Rental History • Property purchased by BTRSardy LLC on April 26,2016 • Boardinghouse units were available May -August 2016; no use or requests to use • Boardinghouse closed for maintenance on mechanical systems and replacement of boilers September - November 2016 • Boardinghouse units available December 2016 - March 2017; o March 14 - 17, 2017, three (3) night use by persons associated with the World Cup • Four (4) people • Rooms 1, 2, 3,6 • Compensation was other things of value • Boardinghouse closed for plumbing issues April - May 2017 • Anticipated closure for remodel of boardinghouse February 2018 - TBD In summation, the boardinghouse requires extensive mechanical and plumbing work which has limited its availability. The repairs are ongoing and may limit the availability throughout 2017 and into 2018. The new owners are only one (1) year into ownership of the boardinghouse and are still formulating an operating plan and would be willing to discuss reasonable conditions for how it should operate going forward to be consistent with the boardinghouse use. Sincerely Jamie L. Brewster McLeod, AIA Brewster McLeod Architects, Inc. Page 2 of 2 0O 0 . 1 RECEIVED 64/ MAY 1 5 2017 CITY OF ASPEN COMMUNHY DEVELOPMENT THE CITY OF ASPEN Land Use Application Determination of Completeness Date: May 12.2017 Dear City of Aspen Land Use Review Applicant, 0%51 We have received your land use application for 128 )W. Main St. (Sardy House), Change in Use and have reviewed it for completeness (and not compliance). ~l Your Land Use Application is complete: Please submit the following to begin the land use review process. 1) Digital pdf of the entire application. 2) Review deposit of $325.00 3) One additional hard copy of the application. 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. T~alik You <~AA n idnnifer (l~1~. Deputy Planningbirector City of Aspen. Community Development Department For Office Use Only: Qualifying Applications: Mineral Rights Notice Required New PD Yes- No276= Subdivision, or PD (creating more than I additional lot) GMQS Allotments Residential Affordable Housing Yes ~ No-?L Commercial E.P.F. Lodging .. 9*3 BREWSTER Ma-EOD ARCHITECTS MEMORANDUM Date: April 24,2017 To: Ms. Jessica Garrow, Director City of Aspen Community Development 130 South Galena Street RECEIVED Aspen, CO 81611 MAY 1 5 2017 CITY Project: Sardy House OF ASPEN 128 East Main Street CQI.L,1.rekE OPMEMIT Re: Historic Change in Use and Administrative Determination From: Jamie L. Brewster McLeod and Alan Richman Attachments: • Site Vicinity Map • Exhibit 1: Title Insurance Policy • Exhibit 2: Authorization Letter for Brewster McLeod Architects, Inc. and Alan Richman Planning Services, Inc. • Exhibit 3: Pre-Application Summary • Exhibit 4: 2003 Administrative Approval for Change in Use • Exhibit 5: Limits of Change in Use • Exhibit 6: 2006 Code Interpretation • Current Floor Plans • Exterior Photos of Building • Land Use Application • Agreement to Pay • Homeowner Association Compliance Policy Dear Jessica, This is an application for a change in use for that portion of the Sardy House property that is located south of the vacated alleyway from boardinghouse (lodge) to residential. The Sardy House is an Historic Landmark and is therefore allowed to change its use between growth management categories by right. This application also requests an Administrative Determination with regard to the boardinghouse use. The purpose of the Administrative Determination is to confirm that the way the boardinghouse operates is in conformance with the City's Code provisions applicable to this use. The Sardy House is located at 128 East Main Street (see attached site vicinity map). The property's Pitkin County Parcel ID# is 2735-124-38-005. The property is zoned MU (Mixed Use) with an H (Historic Overlay). The H (Historic Overlay) is in recognition of the fact that (a) this property is within the Main Street Historic District, and (b) the Sardy House is an individually-designated Historic Landmark. BREWSTER MCLEOD ARCHITECTS, INC. office@brewstermdeod.com - www. brewstermcleod.corn 112 South M jII Street, #B Top Floor - P.O. Box 697 - Aspen: CO 81611 - T 970/544.0130 - F 970/544.9201 126 South Oak Street, Unit A - Telluride, CO 81435 - T 970/728.4300 - F 970/544.9201 .. Designation of the site and structure as an Historic Landmark was accomplished pursuant to Ordinance 4, Series of 1985. The Sardy House is owned by BTRSARDY LLC, A California Limited Liability Company (hereinafter, "the applicant"). Proof of the ownership of the property, together with the property's legal description, is provided by Exhibit 1, the Title Insurance Policy. Authorization for Brewster Mcleod Architects, Inc. and Alan Richman Planning Services, Inc. to submit this application on behalf of the applicant is provided in the letter attached as Exhibit 2. You provided us a Pre-Application Conference Summary (see Exhibit 3) which states that the applicant should address the following provisions of the Land Use Code: Growth Management Quota System- Historic Change in Use, pursuant to Section 26.470.090.D Administrative Determination by the Community Development Director. The applicant's responses to the applicable provisions of the Municipal Code follow below. Change in Use The Sardy House was built in 1890 and was occupied as a residence (and at times as a funeral home) for nearly 100 years. In 1985 the Sardy House was authorized to change its use when it was granted Conditional Use approval to operate as boardinghouse. The approval also allowed an addition to be made to the rear of the residence and a new addition to be constructed on the north side of the alley. In 2003 the then owners of the Sardy House requested change in use approval to convert a portion of the Sardy House Hotel back to a residence. The City' s records indicate that the City granted administrative approval to this change in use (see Exhibit 4). However, we have been unable to find a signed version of this change in use approval or the map that was intended to be attached to the approval in either the City's files or the documents provided to us by previous owners of the property. Therefore, the applicant is submitting this change in use request to clarify and confirm the allowed uses of the property. The attached drawing (Exhibit 5) depicts the proposed limits of the change in use. It shows that all of the structure that is located south of the alley and the connecting element would be changed in use from lodge (boardinghouse) to residential. Please note, however, that the commercial kitchen that serves the boardinghouse is located within (and will remain within) the residence. All of the structure that is located north of the alleyway would operate as a boardinghouse. Specifically, the map shows the split between the two uses occurring at the fire doors that separate the boardinghouse from the connecting element to the residential building. Sec. 26.470.090. D of the Land Use Code reads as follows: "The change in use between the development categories identified in Section 26.470.020 of a property, structure, or portion of a structure designated as an historic landmark shall be approved, approved with conditions or denied by the Community Development Director if no more than one (1) free-market residence is created. No employee mitigation shall be required. If more than one (1) free-market residence is created, the additional units shall be reviewed pursuant to Sec. 26.470.070.G. The change in amount of development and number of units shall not be added to or deducted from the respective annual allotments." The applicant's request complies with these provisions and should therefore be approved, since no more than one (1) free market residence would be created by this request. Administrative Determination Page 2 of 3 .. The applicant requests that the Community Development Director issue an administrative determination that the following is an acceptable operating plan for the boardinghouse in conformance with the City Land Use Code provisions applicable to this use. In 1985, when the conditional use approval was granted to this property, the Land Use Code defined a boardinghouse as follows: "Boardinghouse means a building or a portion thereof; other than a hotel, motel, lodge or multi-family dwelling, wherein lodging and/or meals are provided for six (6) or more persons for compensation, which compensation may include money, services or other things of value." Although the Land Use Code no longer includes this definition, a 2006 Code Interpretation made by staff (see Exhibit 6) stated that the 1985 Code definition continues to apply to this property. The applicant will operate the boardinghouse in conformance with this definition by having a minimum of six (6) bedrooms within the boardinghouse available for lodging and/or meals for the majority of each calendar year. The 2006 Interpretation also stated that the boardinghouse units must comply with today's definition of lodging, which prohibits any person or entity that is an owner from occupying a unit for more than thirty (30) consecutive days or more than ninety (90) days in any calendar year. The applicant will operate the boardinghouse in this manner. The applicant and its owners and affiliates are involved in several business and non-profit entities. The boardinghouse will operate as a corporate retreat for these commercial and non-profit entities. Portions, or the entirety, of the boardinghouse will be offered in exchange for compensation to non-profit and similar community-oriented entities. For example, during the 2017 World Cup Finals, the rooms in the boardinghouse were used by persons associated with the World Cup in exchange for compensation. The boardinghouse will also be occupied from time-to-time by the applicant's professional acquaintances and their guests. Portions, or all of the boardinghouse will be occupied by the applicant's family and friends on a limited basis. There are three (3) staff persons involved in the operation of the boardinghouse. These include the property manager, whose job it is to handle reservations and to ensure that the property is available for lodging and or meals for the majority of each calendar year. The business also has a housekeeping employee and a maintenance employee. When the boardinghouse is occupied, there are two (2) bedrooms with a kitchen within the boardinghouse that are available for occupancy by these employees as staff housing. When the boardinghouse is occupied, breakfast is served daily in the breakfast area which is located within the residence. Room service for boardinghouse guests is also available upon request. If a group is using the boardinghouse and wants other meals to be prepared, the property manager will arrange to have a chef and other personnel on-site to prepare and serve those meals. Conclusion The enclosed materials provide the complete package needed for the City of Aspen to process this request. Please let me know if there is anything else I can provide to you. Sincerely, Jamie L. Brewster McLeod, AIA Brewster Mcleod Architects, Inc. Page 3 of 3 .. 1 ly B|M~K BREWSTER MCLEOD ARCHITECTS MEMORANDUM Date: May 3, 2017 To: Ms. Jessica Garrow, Director Hillary Seminick, Planner ' 1 City of Aspen Community Development 130 South Galena Street 4/1, Aspen, CO 81611 0~94 '2*>Ok Project: Sardy House 128 East Main Street 4~*00 Re: Lodge Audit Information for Sardy Boardinghouse From: Jamie L. Brewster Mcleod Attachments: • Sec. 26.575.210 Lodge occupancy auditing • April 27, 2017 Land Use Application Determination of Completeness Dear Jessica and Hillary, We have received your memo that our Land Use Application submitted on 4/25/2017 was incomplete, missing the Lodge Audit Information meeting the requirements of Sec. 26.575.210. Operating Characteristics • Number of Rooms: There are nine (9) bedrooms with associated bathrooms and one (1) bedroom suite with an associated bathroom, kitchen, and living area • Meals: When the boardinghouse is occupied, breakfast is served daily in the breakfast area which is located within the residence Room service for boardinghouse guests is also available upon request If a group is using the boardinghouse and wants other meals to be prepared, the property manager will arrange to have a chef and other personnel on-site to prepare and serve those meals • Onsite amenities: Exterior pool/spa & patio area Spa area for massages only (Permit pending for remodel of this area) Shuttle Service Six (6) Onsite parking spaces Ski storage BREWSTER MCLEOD ARCHITECTS, INC. office@brewstermdeod.com - www. brewstermcleod.corn 112 South Mill Street, #B Top Floor - P.O. Box 697 - Aspen, CO 81611 - T 970/544.0130 - F 970/544.9201 126 South Oak Street. Unit A - Telluride. CO 81435 - T 970/728.4300 - F 970/544.9201 Ay 00000 00 0 7.7 .. • Staff: There are three (3) staff persons involved in the operation of the boardinghouse Property manager, whose job it is to handle reservations and to ensure that the property is available for lodging and or meals for the majority of each calendar year Housekeeping Maintenance employee Marketing and Rates • Short term occupancies are not marketed through traditional channels • There is no published rate schedule. Rates vary and are determined on a case-by-case basis. Rental History • Property purchased by BTRSardy LLC on April 26, 2016 • Boardinghouse units were available May -August 2016; no use or requests to use • Boardinghouse closed for maintenance on mechanical systems and replacement of boilers September - November 2016 • Boardinghouse units available December 2016 - March 2017; o March 14 - 17,2017, three (3) night use by persons associated with the World Cup • Four (4) people • Rooms 1, 2, 3, 6 • Compensation was otherthings of value • Boardinghouse closed for plumbing issues April - May 2017 • Anticipated closure for remodel of boardinghouse February 2018 - TBD In summation, the boardinghouse requires extensive mechanical and plumbing work which has limited its availability. The repairs are ongoing and may limit the availability throughout 2017 and into 2018. The new owners are only one (1) year into ownership of the boardinghouse and are still formulating an operating plan and would be willing to discuss reasonable conditions for how it should operate going forward to be consistent with the boardinghouse use. Sincerely, Jamie L. Brewster McLeod, AIA Brewster McLeod Architects, Inc. Page 2 of 2 00 0 .. *Ce/, THE CITY OF ASPEN 42&41 19$>% 45> Land Use Application 44' Determination of Completeness 44 1 1 Date: April 27,2017 r 47' Dear City of Aspen Land Use Review Applicant, We have received your land use application for 128 W Main St, AKA Sardv House Change in Use And Administrative Determination, and reviewed it for completeness. u Your Land Use Application is incomplete: Please submit the following missing submission items. • Lodge Audit Information meeting the requirements of See. 26.575.210 I Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2741 if you have any questions. T~nk You, < /! r \Ual»7977- *ary %*linjk, 131*ner ~ C~t]Xo.f.Aip@*fr€ogGnunity Development Department i For Office Use Only: Qualifying Applications: Mineral Rights Notice Required New PD Yes No Subdivision, or PD (creating more than 1 additional lot) GMQS Allotments Residential Affordable Housing Yes No Commercial E. P.F. Lodging .. Sec. 26.575.210 Lodge occupancy auditing The Community Development Director shall be authorized to require periodic operational audits of lodge developments to ensure compliance with the Land Use Code and requirements for lodge operations. This audit may include, but is not limited to, an occupancy report of the lodge and individual units therein; rate schedules; the manner in which short-term occupancies are marketed and managed; physical aspects of the operation, such as the number of units and pillows in the lodge, the number of affordable housing units provided on site, other units and amenities on site and the number of parking spaces provided on site; the dimensional characteristics of the lodge; and any additional conditions of approval. The Community Development Director may request that information be provided in a specific time frame, and may request a site inspection as part of the audit. Property owners may request that certain information. such as marketing strategies or rate schedules, be held in confidence by the City. (Ord. No. 12.2007, §37) .. Sec. 26.575.210 Lodge occupancy auditing The Community Development Director shall be authorized to require periodic operational audits of lodge developments to ensure compliance with the Land Use Code and requirements for lodge operations. This audit may include, but is not limited to, an occupancy report of the lodge and individual units therein; rate schedules; the manner in which short-term occupancies are marketed and managed; physical aspects of the operation, such as the number of units and pillows in the lodge, the number of affordable housing units provided on site, other units and amenities on site and the number of parking spaces provided on site; the dimensional characteristics of the lodge; and any additional conditions of approval. The Community Development Director may request that information be provided in a specific time frame, and may request a site inspection as part of the audit. Property owners may request that certain information, such as marketing strategies or rate schedules, be held in confidence by the City. (Ord. No. 12,2007, §37) . . EXHIBIT 3: PRE-APPLICATION SUMMARY CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Jessica Garrow, 429-2780 DATE: April 14, 2017 PROJECT: Sardy House, 128 East Main Street REPRESENTATIVE: Alan Richman, Jamie Brewster-Mcleod DESCRIPTION: The Sardy House received Conditional use approval in the mid-1980s to add an addition to the north of the alley in order to operate as a boardinghouse. Since that time, the property has gone through a series of owners and the operation of the property as a boardinghouse has raised questions. There appears to have been a change in use review in the early-2000s, but a recorded version cannot be located. A series of Land Use Code Interpretations were issued in the mid-2000s regarding the property's requirements to operate as a boardinghouse. The current owner desires to make internal changes and potentially extemal improvements and has requested an additional determination to clarify the requirements and allowances for the property. The request for a determination should include information about the property's operation as a boardinghouse (lodge) as well as the status of the various units and kitchen facilities on the property. Below are links to the Land Use Application form and the Ordinance referenced above. A full land use application is not required, though an agreement to pay form and HOA compliance policy is. Relevant Land Use Code Section(s) 26.104.100 Definitions - Bed and Breakfast 26.470.090.D Growth Management Quota System - Historic Change in Use 26.575.020 Calculations and Measurements 26.575.210 Lodge Occupancy Audit 26.710.150 Mixed-Use (MU) Zone District MAY Link to the Land Use Code: crS'ty 1 5 2017 http://www.aspenpitkin.com/Departments/Communitv- 9*8-OP w'¥ITY r~*48,). DevelopmenUPIanning-and-Zoning/Title-26-Land-Use-Code/ VEVELOON Review by: - Staff , MENT 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. Attachments 1 and 2 of the Land Use Application (Agreement to pay and Land Use Application form) http://www.aspenpitkin.com/Departments/Commu n itv-Development/Plan n ina- and-Zoning/Applications-and-Fees/ '•1 .. 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. Any relevant previous building permits and land use approvals b. Recorded Condo Plat, if one exists c. Lodge Audit information, meeting the requirements of Section 26.575.210 d. Current Floor Plans. e. Pictures or other visuals of the building f. Summary of existing spaces and uses. 7. 2 Copies of the complete application packet. Once the application is deemed complete by staff, the following items will then need to be submitted: O Total deposit for review of the application. 0 A digital copy of the application provided in pdf file format. 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. .. THE CrrY OF ASPEN Land Use Application Determination of Completeness Date: April 27,2017 Dear City of Aspen Land Use Review Applicant, We have received your land use application for 128 W Main St. AKA Sardy House Change in Use,and Administrative Determination, and reviewed it for completeness. u Your Land Use Application is incomplete: Please submit the following missing submission items. • Lodge Audit Information meeting the requirements of Sec. 26.575.210 Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2741 if you have any questions. r r Thank You, C til-4~ 1·~i11ary ~§?minjk, *nner C~tk.eflA40,T,Gonimunity Development Department For Office Use Only: Qualifying Applications: Mineral Rights Notice Required New PD Yes No Subdivision, or PD (creating more than 1 additional lot) GMQS Allotments Residential Affordable Housing Yes No Commercial E.P.F. Lodging MEMORANDUM Date: April 26, 2017 To: Ms. Jessica Garrow, Director City of Aspen Community Development RECEIVED 130 South Galena Street Aspen, CO 81611 APR 2 6 2017 CITY OF ASPEN Project: Sardy House 128 East Main Street COMMUNITY DEVELOPMENT Re: Historic Change in Use and Administrative Determination From: Jamie L. Brewster McLeod and Alan Richman Attachments: • Land Use Application Ms. Garrow- Enclosed please find the Land Use Application for the Sardy House at 128 East Main Street. Please copy both Alan Richman and myself on all correspondence pertaining to this application. Alan can be reached via email at arichman@sopris.net. I can be reached via email at jamie@brewstermcleod.com. Sincerely, Jamie L. Brewster McLeod, AIA Brewster McLeod Architects, Inc. BREWSTER MCLEOD ARCHITECTS, INC. officembrewstermcleod.com - www.brewstermcleod.com 112 South Mill Street, #B Top Floor - P.O. Box 697 - Aspen, CO 81611 - T 970/544.0130 - F 970/544.9201 126 South Oak Street, Unit A - Telluride, CO 81435 - T 970/728.4300 - F 970/544.9201 .. .r /A/91 EF- 1 MEMORANDUM Date: April 24, 2017 To: Ms. Jessica Garrow, Director City of Aspen Community Development 130 South Galena Street Aspen, CO 81611 Project: Sardy House 128 East Main Street Re: Historic Change in Use and Administrative Determination From: Jamie L. Brewster Mcleod and Alan Richman Attachments: • Site Vicinity Map • Exhibit 1: Title Insurance Policy • Exhibit 2: Authorization Letter for Brewster McLeod Architects, Inc. and Alan Richman Planning Services, Inc. • Exhibit 3: Pre-Application Summary • Exhibit 4: 2003 Administrative Approval for Change in Use • Exhibit 5: Limits of Change in Use • Exhibit 6: 2006 Code Interpretation • Current Floor Plans • Exterior Photos of Building • Land Use Application • Agreement to Pay • Homeowner Association Compliance Policy Dear Jessica, This is an application for a change in use for that portion of the Sardy House property that is located south of the vacated alleyway from boardinghouse (lodge) to residential. The Sardy House is an Historic Landmark and is therefore allowed to change its use between growth management categories by right. This application also requests an Administrative Determination with regard to the boardinghouse use. The purpose of the Administrative Determination is to confirm that the way the boardinghouse operates is in conformance with the City's Code provisions applicable to this use. The Sardy House is located at 128 East Main Street (see attached site vicinity map). The property's Pitkin County Parcel ID# is 2735-124-38-005. The property is zoned MU (Mixed Use) with an H (Historic Overlay). The H (Historic Overlay) is in recognition of the fact that (a) this property is within the Main Street Historic District, and (b) the Sardy House is an individually-designated Historic Landmark. BREWSTER MCLEOD ARCHITECTS, INC. office@brewstermcleod.corn - www. brewstermdeod.com 112 South Mill Street, #B Top Floor - P.O. Box 697 - Aspen, CO 81611 - T 970/544.0130 - F 970/544.9201 126 South Oak Street, Unit A - Telluride, CO 81435 - T 970/728.4300 - F 970/544.9201 BREWSTER MCLEOD AR .. Designation of the site and structure as an Historic Landmark was accomplished pursuant to Ordinance 4, Series of 1985. The Sardy House is owned by BTRSARDY LLC, A California Limited Liability Company (hereinafter, "the applicant"). Proof of the ownership of the property, together with the property's legal description, is provided by Exhibit 1, the Title Insurance Policy. Authorization for Brewster McLeod Architects, Inc. and Alan Richman Planning Services, Inc. to submit this application on behalf of the applicant is provided in the letter attached as Exhibit 2. You provided us a Pre-Application Conference Summary (see Exhibit 3) which states that the applicant should address the following provisions of the Land Use Code: Growth Management Quota System- Historic Change in Use, pursuant to Section 26.470.090.D Administrative Determination by the Community Development Director. The applicant's responses to the applicable provisions of the Municipal Code follow below. Change in Use The Sardy House was built in 1890 and was occupied as a residence (and at times as a funeral home) for nearly 100 years. In 1985 the Sardy House was authorized to change its use when it was granted Conditional Use approval to operate as boardinghouse. The approval also allowed an addition to be made to the rear of the residence and a new addition to be constructed on the north side of the alley. In 2003 the then owners of the Sardy House requested change in use approval to convert a portion of the Sardy House Hotel back to a residence. The City's records indicate that the City granted administrative approval to this change in use (see Exhibit 4). However, we have been unable to find a signed version of this change in use approval or the map that was intended to be attached to the approval in either the City's files or the documents provided to us by previous owners of the property. Therefore, the applicant is submitting this change in use request to clarify and confirm the allowed uses of the property. The attached drawing (Exhibit 5) depicts the proposed limits of the change in use. It shows that all of the structure that is located south of the alley and the connecting element would be changed in use from lodge (boardinghouse) to residential. Please note, however, that the commercial kitchen that serves the boardinghouse is located within (and will remain within) the residence. All of the structure that is located north of the alleyway would operate as a boardinghouse. Specifically, the map shows the split between the two uses occurring at the fire doors that separate the boardinghouse from the connecting element to the residential building. Sec. 26.470.090. D of the Land Use Code reads as follows: "The change in use between the development categories identified in Section 26.470.020 of a property; structure, or portion of a structure designated as an historic landmark shall be approved, approved with conditions or denied by the Community Development Director if no more than one (1) free-market residence is created. No employee mitigation shall be required. If more than one (1) free-market residence is created, the additional units shall be reviewed pursuant to Sec. 26.470.070.G. The change in amount of development and number of units shall not be added to or deducted from the respective annual allotments." The applicant's request complies with these provisions and should therefore be approved, since no more than one (1) free market residence would be created by this request. Administrative Determination Page 2 of 3 .. The applicant requests that the Community Development Director issue an administrative determination that the following is an acceptable operating plan for the boardinghouse in conformance with the City Land Use Code provisions applicable to this use. In 1985, when the conditional use approval was granted to this property, the Land Use Code defined a boardinghouse as follows: "Boardinghouse means a building or a portion thereof, other than a hotel, motel, lodge or multi-family dwelling, wherein lodging and/or meals are provided for six (6) or more persons for compensation, which compensation may include money, services or other things of value." Although the Land Use Code no longer includes this definition, a 2006 Code Interpretation made by staff (see Exhibit 6) stated that the 1985 Code definition continues to apply to this property. The applicant will operate the boardinghouse in conformance with this definition by having a minimum of six (6) bedrooms within the boardinghouse available for lodging and/or meals for the majority of each calendar year. The 2006 Interpretation also stated that the boardinghouse units must comply with today's definition of lodging, which prohibits any person or entity that is an owner from occupying a unit for more than thirty (30) consecutive days or more than ninety (90) days in any calendar year. The applicant will operate the boardinghouse in this manner. The applicant and its owners and affiliates are involved in several business and non-profit entities. The boardinghouse will operate as a corporate retreat for these commercial and non-profit entities. Portions, or the entirety, of the boardinghouse will be offered in exchange for compensation to non-profit and similar community-oriented entities. For example, during the 2017 World Cup Finals, the rooms in the boardinghouse were used by persons associated with the World Cup in exchange for compensation. The boardinghouse will also be occupied from time-to-time by the applicant's professional acquaintances and their guests. Portions, or all, of the boardinghouse will be occupied by the applicant's family and friends on a limited basis. There are three (3) staff persons involved in the operation of the boardinghouse. These include the property manager, whose job it is to handle reservations and to ensure that the property is available for lodging and or meals for the majority of each calendar year. The business also has a housekeeping employee and a maintenance employee. When the boardinghouse is occupied, there are two (2) bedrooms with a kitchen within the boardinghouse that are available for occupancy by these employees as staff housing. When the boardinghouse is occupied, breakfast is served daily in the breakfast area which is located within the residence. Room service for boardinghouse guests is also available upon request. If a group is using the boardinghouse and wants other meals to be prepared, the property manager will arrange to have a chef and other personnel on-site to prepare and serve those meals. Conclusion The enclosed materials provide the complete package needed for the City of Aspen to process this request. Please let me know if there is anything else I can provide to you. Sincerely, Jamie L. Brewster Mcleod, AIA Brewster McLeod Architects, Inc. Page 3 of 3 .. 128 East Main Street EXHIBITS • Site Vicinity Map • Exhibit 1: Title Insurance Policy • Exhibit 2: Authorization Letter for Brewster Mcleod Architects, Inc. and Alan Richman Planning Services, Inc. • Exhibit 3: Pre-Application Summary • Exhibit 4: 2003 Administrative Approval for Change in Use • Exhibit 5: Limits of Change in Use • Exhibit 6: 2006 Code Interpretation • Current Floor Plans • Exterior Photos of the Building • Land Use Application • Agreement to Pay • Homeowner Association Compliance Policy B~M|A BREWSTER MCLEOD ARCHITECTS .. SITE VICINITY MAP L:€! Al O 0 - *®~ ~41./. TO•'*1 & &151.,11,1//*Soriet, ·Sk,le,jgage/*4/ f e A;prn MVI:y Hoci, 0 -Red h.k (nt:,4 4 4.n * ATM Wfor....11, 6?' 0 * 44 Jon' DIr- Saf,Cti,a' 0 0 P.Wain St 4 44//f ./i.,Ce,"4·l... Ful•,St ....1 * tne kilee Q O 04 W.»1•IN 0 E M•,i, St C Main St .A 2 Q 1 • WV. n Ftne C•rop,m~,s 0 O *a &.eet *0/ A,1 liliey F,4 Al O ''40'.Gllrl 0 / E-Ye.y, Gall•; r / ft I -W/< EXHIBIT 1: i TITLE INSURANCE POLICY 1 1 Land Title Guarantee Company Representing Old Republic National Title Insurance Company Schedule A Order Number: ABC 62007374 Policy Number: OX62007374.1615772 Amount: $23,200,000.00 Property Address: 128 E MAIN ST, ASPEN, CO 81611 1. Policy Date: April 27, 2016 at 5:00 RM. 2, Name of Insured: BTRSARDY, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY 3, The estate or interest In the Land described or referred to in this Schedule and which is covered by this policy is: A FEE SIMPLE 4. Title to the estate or interest covered by this policy at the date is vested in: BTRSARDY, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY 5. The Land referred to in this Policy is described as follows: LOTS KG,H, AND I LESS THE NORTHERLY 75 FEET THEREOF, AND ALL OF LOTS P,Q,R, AND S AND THAT PART OF THE VACATED ALLEY BOUNDED BY THE EXTENSION OF THE EASTERLY LOT LINES OF LOTS I AND S AND THE WESTERLY LOT LINES OF LOTS F AND P, ALL IN BLOCK 66, CITYANDTOWNSITEOFASPEN. COUNTY OF PITKIN, STATE OF COLORADO This Policy Valid only if Schedule B is attached. 1 .. 1. Land Title Guarantee Company Representing Old Republic National Title Insurance Company (Schedule B) Policy Number OX62007374.1615772 Order Number 62007374 THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE BY REASON OF THE FOLLOWING: 1) ANY FACTS, RIGHTS, INTERESTS, OR CLAIMS THEREOF, NOT SHOWN BY THE PUBLIC RECORDS BUT -THAT COULD BE ASCERTAINED BYAN INSPECTION OF THE LAND OR THAT MAY BE ASSERTED BY PERSONS IN POSSESSION OF THE LAND. 2) EASEMENTS, LIENS OR ENCUMBRANCES, OR CLAIMS THEREOF, NOT SHOWN BY THE PUBLIC RECORDS. 3) ANY ENCROACHMENT, ENCUMBRANCE: VIOLATION, VARIATION, OR ADVERSE CIRCUMSTANCE AFFECTING THE TITLE THAT WOULD BE DISCLOSED BYAN ACCURATE AND COMPLETE LAND SURVEY OF THE LAND AND NOT SHOWN BY THE PUBLIC RECORDS. 4) ANY LIEN, OR RIGHT TO A LIEN, FOR SERVICES, LABOR OR MATERIAL HERETOFORE OR HEREAFTER ! FURNISHED, IMPOSED BY LAW AND NOT SHOWN BY THE PUBLIC RECORDS. 5) (A) UNPATENTED MINING CLAIMS; (B) RESERVATIONS OR EXCEPTIONS IN PATENTS OR IN ACTS AUTHORIZING THE ISSUANCE THEREOF; (C) WATER RIGHTS, CLAIMS OR TITLE TO WATER. 6) TAXES AND ASSESSMENTS FOR THE YEAR 2016 AND SUBSEQUENT YEARS. 7) RESERVATIONS AND EXCEPTIONS AS SET FORTH IN THE DEED FROM THE CITY OF ASPEN RECORDED FEBRUARY 03, 1888 IN BOOK 59 AT PAGE 337 AND RECORDED OCTOBER 25, 1887 IN BOOK 59 AT PAGE SL PROVIDING AS FOLLOWS: THAT NO TITLE SHALL BE HEREBYACQUIRED TO ANY MINE OF GOLD, SILVER, CINNABAR OR COPPER OR TO ANY VALID MINING CLAIM OR POSSESSION HELD UNDER EXISTING LAWS. 8) TERMS, CONDITIONS AND PROVISIONS OF ORDINACE NO. 2 (SERIES 1961) VACATING ALLEYAND UTILITY EASEMENT RECORDED MAY 01, 1961 IN BOOK 194 AT PAGE Z. 9) TERMS, CONDITIONS AND PROVISIONS OF DEED RECORDED JANUARY 31, 1961 IN BOOK 193 AT PAGE 82, 10) TERMS, CONDITIONSAND PROVISIONS OF ORDINANCE NO. 60 (SERIES 1976) RECORDED DECEMBER 09, 1976 IN BOOK 321 AT PAGE 61. 11) ANY FACTS, RIGHTS, INTERESTS OR CLAIMS WHICH MAY EXIST OR ARISE BY REASON OF THE FOLLOWING FACTS SHOWN ON ALTA/ACSM LAND TITLE SURVEY CERTIFIED APRIL 07, 2016 PREPARED BY SOPRIS ENGINEERING-LLC, JOB #16069: FENCE LINES ARE NOT COINCIDENT WITH PROPERTY LINES, ! SAID DOCUMENT STORED AS OUR ES) 27002100 ITEM NOS. 1 THROUGH 3 AND 5(A) AND 5(B) OF THE STANDARD EXCEPTIONS ARE HEREBY DELETED. ITEM NO. 4 OF THE STANDARD EXCEPTIONS IS DELETED AS TO ANY LIENS OR FUTURE LIENS RESULTING i FROM WORK OR MATERIAL CONTRACTED FOR OR FURNISHED AT THE SPECIFIC, DIRECT REQUEST, AND WITH THE ACTUAL KNOWLEDGE OF SARDY HOUSE (NEW), LLC, A FLORIDA LIMITED LIABILITY COMPANY. 1 OLD REPUBLIC NATIONALTITLE INSURANCE COMPANY SHALL HAVE NO LIABILITY FOR ANY LIENSARISING FROM WORK OR MATERIAL FURNISHED AT THE SPECIFIC, DIRECT REQUEST, AND WITH THE ACTUAL KNOWLEDGE OF BTRSARDY, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY. .. EXHIBIT 2: AUTHORIZATION LETTER Ms. Jessica Garrow, Diredor City of Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 RE: LETTER OF AUTHORIZATION FOR 128 EAST MAIN STREET Dear Ms. Garrow, We are the owners of the Sardy House, located 128 East Main Street. We hereby authorize Brewster Mcleod Architects, Inc. and Alan Richman Planning Services, Inc. to submit an application for a Historic Change in Use and Administrative Determination for the property. Ms. Brewster McLeod and Mr. Richman are authorized to submit the land use application on our behalf and to represent us in meetings with the staff and the applicable decision making bodies. Should you have any need to contact me during the course of your review of this application please do so through Brewster Mcleod Architects, Inc. or Alan Richman Planning Services, Inc. Sincerely, / U l/k 1 - ' "- BTRSARDY, LLC, A California Limited Liability Company Craig Payne 128 East Main Street Aspen, CO 81611 ~EXHIBIT 3: PRE-APPLICATION SUMMARY CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Jessica Garrow, 429-2780 DATE: April 14, 2017 PROJECT: Sardy House, 128 East Main Street REPRESENTATIVE: Alan Richman, Jamie Brewster-Mcleod DESCRIPTION: The Sardy House received Conditional use approval in the mid-1980s to add an addition to the north of the alley in order to operate as a boardinghouse. Since that time, the properly has gone through a series of owners and the operation of the property as a boardinghouse has raised questions. There appears to have been a change in use review in the early-2000s, but a recorded version cannot be located. A series of Land Use Code Interpretations were issued in the mid-2000s regarding the property's requirements to operate as a boardinghouse. The current owner desires to make internal changes and potentially extemal improvements and has requested an additional determination to clarify the requirements and allowances for the property. The request for a determination should include information about the property's operation as a boardinghouse (lodge) as well as the status of the various units and kitchen facilities on the property. Below are links to the Land Use Application form and the Ordinance referenced above. A full land use application is not required, though an agreement to pay form and HOA compliance policy is. Relevant Land Use Code Section(s) 26.104.100 Definitions - Bed and Breakfast 26.470.090.D Growth Management Quota System - Historic Change in Use 26.575.020 Calculations and Measurements 26.575.210 Lodge Occupancy Audit 26.710.150 Mixed-Use (MU) Zone District Link to the Land Use Code: http://www.aspenpitkin.com/Departments/Communitv- DevelopmenUPIanning-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. Attachments 1 and 2 of the Land Use Application (Agreement to pay and Land Use Application form) http://www .aspen pitkin.com/Departments/Commun itv-Development/Plann inq- 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. Any relevant previous building permits and land use approvals b. Recorded Condo Plat, if one exists c. Lodge Audit information, meeting the requirements of Section 26.575.210 d. Current Floor Plans. e. Pictures or other visuals of the building f. Summary of existing spaces and uses. 7. 2 Copies of the complete application packet. Once the application is deemed complete by staff, the following items will then need to be submitted: 0 Total deposit for review of the application. £ A digital copy of the application provided in pdf file format. 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. ~IBIT 4. 2003 ADMINISTRATIVE APPROVAL MEMORANDUM RECEIVED TO: Julie Ann Woods, Community Development Director APR 2 6 2017 FROM: Amy Guthrie, Historic Preservation Officer CITY OF ASPEN COMMUNITY DEVELOPMENT RE: GMQS Exemption by Community Development Director for Change m Use of a property listed on the Aspen Inventory of Historic Landmark Sites and Structures, 128 E. Main Street. Sardy House DATE: April 25,2003 CC: Sarah Oates, Zoning Officer SUMMARY: Staff recommends approval for a change in use of a portion of the hotel currently known as the Sardy House from hotel to residential. This property is listed on the Aspen Inventory of Historic Landmark Sites and Structures. LOCATION: 128 E. Main Street, Lots P-S and the south 25' of Lots F-1, Block 66, City and Townsite of Aspen. ZONING: "O," Office. APPLICANT: North and South Aspen LLC, Frank Peters. STAFF REVIEW: Section 26.470.070.D. 1 of the Municipal Code provides a GMQS Exemption by the Community Development Director for the "Change in Use" of a property listed on the Aspen Inventory of Historic Landmark Sites and Structures if it does not increase the building's existing floor area ratio. The exemption is not deducted from any annual development allotments. This applicant proposes to convert existing hotel space into residential use and there will be no increase in FAR. Staff recommends this GMQS Exemption be granted with the condition that the change in use applies only to the portion of the existing structure indicated on the attached map (all of the construction north of the parking courtyard.) I approve GMQS Exemption for a Change in Use from hotel to residential for a portion of 128 E. Main Street, also known as the Sardy House, a property that is listed on the Aspen Inventory of Historic Landmark Sites and Structures. Julie Ann Woods, Community Development Director Date . . EXHIBIT 6. 2006 CODE INTERPRETATION ASPEN/PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT LAND USE CODE INTERPRETATION JURISDICTION: City of Aspen APPLICABLE CODE SECTION: 26.104.100, Definitions; 26.710.180(D)(10)(A)(31 Mixed Use Zone District: Floor Area Ratio; 26.470.040(B)(2), Change- In-Use of Historic Landmark Sites and Structures. EFFECTIVE DATE: June 29,2006 WRITTEN BY: James Lindt, Senior Planner APPROVED BY: ~ Chris Bendon, 6%1- 14/ Community Development Director COPIES TO: John Worcester, City Attorney Amy Guthrie, HP Officer SUMMARY David Myler submitted a request for a code interpretation on behalf of Daniel Delano and Frank Peters (Applicants), the owners of the Sardy House. In the interpretation request, the Applicants ask a series of questions related to how various land use code sections apply to the Sardy House property. PURPOSE Staff has responded to the Applicants' questions in this interpretation and explained the basis for our responses. BACKGROUND The Sardy House existed as a single-family residence from 1893 when it was constructed to 1985. In 1985, the Applicants received approval to remodel and expand the existing structure and a conditional use approval to convert the entire building into a boardinghouse (Boardinghouse is a defined term). The Applicants converted the main residence portion of the structure back into a single residential unit in 2003 with the rear portion of the structure that was added in 1985 remaining as a Boardinghouse. As was discussed above, the Applicants have requested a series of code interpretations related to how the land use code applies to the Sardy House's current situation. This interpretation clarifies the Planning Staff' s position on how the requested code sections apply to the Sardy House. .. DISCUSSION Questions 1,2,5,6,7, and 8 Staff has organized our responses to the questions posed by the Applicants in topics. Questions No. 1,2,5,6,7, and 8 relate to the definition of "Boardinghouse" in the City's Land Use Code. Below, Staffhas listed these questions and the applicable corresponding interpretation: 1. What definition (1985 definition when the conditional use for a boardinghouse was approved or current definition in the land use code) of boardinghouse applies to the current and future use of the Carriage House (rear addition that is currently approved to be used as a boardinghouse)? Staff Response: The 1985 definition of"Boardinghouse" in the land use code applies to the Sardy House because that was the definition in place when a site-specific approval was granted to allow the Sardy House to become a boardinghouse. This approval is what the Carriage House portion of the structure is still operating under today. 2. What is the effect of simply discontinuing the current nonconforming boardinghouse use? Does a discontinuance of a nonconforming use require a development order? Staff Response: The Applicant could discontinue the nonconforming boardinghouse use on the Carriage House part of the structure, but that it could not be used as part of any other use to replace the boardinghouse use until a development order for a change in use is obtained. Staff is of this opinion because Land Use Code Section 26.470.040(B)(2), Change-In-Use of Historic Landmark Sites and Structures, states that a change of use, between the use categories identified in Section 26.470.020 (Residential-Free Market, Residential- Affordable Housing, Commercial, Lodging, and Essential Public Facilities), of a property, structure, or portion of a structure designated as a Historic Landmark shall be reviewed based on the criteria set forth in Land Use Code Section 26.470.040(B)(2). 5. Does the replacement of a non-conforming use (boardinghouse- under any definition) with a conforming use (single-family), with no increase in the floor area of the existing structure in which those uses are contained, constitute a change in use? Staff Response: As is discussed in Staffs response to Question #2 above, the code requires that when you change the use of a structure or a part of a structure amongst the use categories identified in Land Use Code Section 26.470.020 (Residential- Free Market, Residential- Affordable Housing, Commercial, Lodging, and Essential Public Facilities), a change in use approval is required. Staff is not aware of any language in the land use code that would exempt an existing non-conforming use from this requirement and thus, a change in use approval is .. required to convert the portion of the Sardy House that is operating as boardinghouse to a single-family residential use. 6. To what extent can boardinghouse uses be reduced before such use would be deemed abandoned? For example, could a small portion of the Sardy House, sufficient to provide meals for 6 or more people, be open to the public for such purposes one week per year? Staff Response: The 1985 definition of boardinghouse reads as follows: Boardinghouse, rooming house, dormitory- A building or portion of thereof other than a hotel, motel, lodge or multiple-family dwelling wherein lodging and/or meals are provided for six (6) or more persons for compensation, which compensation may include money, services, or other things of value. For the boardinghouse use to remain active, it must be available to six (6) or more persons for rental as lodging for the majority of the year. Because the definition references lodging of people, the units contained within the Carriage House must be available for overnight lodging on a short-term basis, which by definition of lodging under today's land use code does not allow for it to be occupied by any one person or entity that is an owner for more than 30 consecutive days or more than 90 days in any calendar year. 7. As long as at least 6 individuals are provided with overnight lodging and/or meals in the Carriage House, for compensation, would a corporate retreat or vacation club type use be consistent with a boardinghouse use under the 1985 definition? Staff Response: If it can be demonstrated that a corporate retreat or vacation club type use of the Carriage House provides overnight lodging and meals on a short-term basis for 6 or more people or entities at a time, it would be permitted under the 1985 definition of boardinghouse. However, the definition of boardinghouse requires a boardinghouse to provide lodging for people that should turnover, so Staff would further interpret that the boardinghouse units if used for a corporate retreat should not be occupied by any one person or entity for more than 30 consecutive days and 90 days out of a calendar year as the definition of lodge requires in the current land use code. 8. Please advise as to whether a building permit could be issued without a change- in-use approval to eliminate three bedrooms and baths from the upper floor of the north wing (boardinghouse annex) and relocation of one of the lower floor kitchens into an open common area as shown on the attached plans (attached hereto as Exhibit "B"). The premise behind this request is that the Carriage House portion of the structure would remain a boardinghouse because it is would still provide lodging and/or meals for more than six (6) people, with the new kitchen and dining space being accessory to the boardinghouse use. .. Staff Response: The proposed plans would still allow for the Carriage House structure to remain in compliance with the 1985 boardinghouse use definition. If the interior changes proposed in the attached plans were made, there would still be more than six (6) bedrooms in the Carriage House for rental as part of the boardinghouse use as is required by the 1985 boardinghouse definition. However, enacting this plan would require an amendment to the approved conditional use plan that was originally established. A conditional use amendment requires submittal of a land use application, which is prohibited in the Mixed Use Zone District until the expiration of the current land use application moratorium that was enacted pursuant to Ordinance No. 19, Series of 2006. Questions 3 and 4 Questions 3 and 4 in the interpretation request relate to the provisions of Land Use Code Section 26,710.180(D)(10)(A), Mixed Use Zone District: Floor Area Ratio. Below Staff has listed these questions and have provided answers based on our understanding of the land use code provisions: 3. There is no definition of "Free-Market Multi-Family Housing" in the Land Use Code. There is a definition for "Dwelling - Multi-Familf'. Under that definition, a single-family dwelling can be considered a multi-family dwelling if a portion of it is used for retail, office or service commercial uses. Absent such an additional use, a single-family dwelling should never be considered to be Free-Market Multi-Family Housing. With respect to the applicability of Section 26.710.180(D)(10) ofthe Aspen Municipal Code (Mixed Use - Floor Area Ratio), as amended by Ordinance No. 12, Series of 2006, under what circumstances could the Sardy House be considered "Free-Market Multi-Family Housing" as that term is used in Subsection 10(A)(3)? Staff Response: Based on the text of these defined terms, the single-family residential portion of the structure is not considered multi-family housing as the uses in the structure are currently recognized, because the boardinghouse use that is on the same parcel is not considered retail, office, or service commercial, but rather is considered lodging. That said, if the Applicant would like to maintain the boardinghouse use in a portion of the structure meeting the requirements of the 1985 definition of a boardinghouse as is discussed in Staffs response to Question #6 above, the single-family residential use combined with the boardinghouse use of the Sardy House would have a cumulative allowable FAR of 1:1 as the Applicants have suggested. 4. If the Sardy House (Main Residence and Carriage House) is not considered Free- Market Multi-Family Housing, but continues to include a boardinghouse use component along with a predominantly single-family use, would not the allowable floor area for the combined single-family and boardinghouse uses be based upon a floor area ratio of 1:1? Such a combination of uses does not fall within any categories described in Subsections 10(A)(1), (2), or (3), or 10(B)(1) .. or (2), of the Mixed Use Floor Area Ratio Regulations. Thus, the only floor area limit in such a case is the 1:1 floor area ratio which applies in the Main Street Historic District (see second sentence of Subsection 10(A) of such regulations). Staff Response: The combined use as a single-family residence and a boarding house has a total FAR of 1:1 as is discussed in Staffs response to Question #3 above. That said, if the entire structure were to be converted to a single-family residential dwelling unit as the only use on the site, it would be subject to the allowable dimensional requirements for a single- family dwelling unit in the R-6 Zone District as is established in Land Use Code Section 26.710.180(D)(10)(B), FAR Schedule for single-family and duplex uses when developed as the only use of the parcel. This interpretation is based on the provisions of the land use code that are currently in place and which are subject to change before the moratorium is lifted or expires. APPEAL OF DECISION As with any interpretation of the land use code by the Community Development Director, an applicant has the ability to appeal this decision or any part of this decision to the Aspen City Council. This can be done in conjunction with a land use request before City Council or as a separate agenda item. 26.316.030(A) APPEAL PROCEDURES 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 prescribed by the Community Development Director. The notice of appeal shall be filed with the Community Development Director and with the 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 such notice of appeal within the prescribed time shall constitute a waiver of any rights under this Title to appeal any decision or determination. ATTACHMENTS: Exhibit "A"- Request for Interpretation Exhibit "B"- Proposed Carriage House Remodel Plans . IMPROVEMENT SURVEY PLAT OF: SARDY HOUSE PROPERTY EXHIBIT 5: LIMITS OF CHANGE IN USE A PARCEL OF LAND SITUATED ON LOTS P, Q R&S AND PORTIONS OF LOTS F, G, H, 1, AND THE ALLEY OF BLOCK 66 CITY & TOWNSITE OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO SHEET 2 OF 2 . 4/ l· ' 'i C il-_3.1 il n.. \ 1 • GENERAL UTILIn NOTES ' '~ :. ' '. - Mi $40 1 {11¥lf {*Ct/1** NO 111 1 4- 0-· Ird, ;OUNONO;REGAR L - 105-171 ~A- ''irm#OmIER • 11 Ti,E LOCATiON5 1)F UNDERGROUND UTirrIES HAVE BEEN PloTTED BASED ON UnUTY MAPS, .1...IN¥ O/ IOUND 40 $ ./.R k'Gl'/0/'16 'UM'10. \ w/MIX CAP /W/O - 1' 6.& 1 WI™E.CORM•LS 2/6 , /~ 2 1,4 ' LOCATIONS IN SOMI INSTANCES. THESE UTIUTIES, AS SHOWN, MAYNOT REPRESENT ACTUAL FEELDCONDmoNS n CONSTRUCTON/Of UGN PLANS. 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ACCORD1NG TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACnON BASED UPON ANY DEFECT IN THIS SJRVEY MTHTN THREE YEARS 502 MAIN STREET, SUITE A3 : AFTER YOU FIRST OtSCOVER SUCH DEFECT IN NO EVENT WAY ANY ACTION CARBONDALE, COLORADO 81623 FR¢~,KELLER ~~~ 137997 PASED UPON ANY DEFECT IN TPUS SURVEY BE COMMENCED MORE niAN TEN , 4./,C FROU '14' f :Tr (3; CE,UL·OCAT»,1 90'65 NERFON (970) 704-0311 SOPRISENG@SOPRISENG.COM GRK 16069 11/26/2016 G·\2016\160690SURvE¥\Sur~ev Dw·GswTA\16069 ALTA BASE.dwg d./.116,-- r M I - -T· ··mn T-- -_ . . ' 1- -T- NUOI,IORING Bull tING .... 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I I h I. 4 '01 6 , 1 ~= . 4,4 1, .. CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT ATTACHMENT 2 - LAND USE APPLICATION PROJECT: Name: Sardy House Change in Use and Administrative Determination Location: 128 East Main Street, Aspen CO 81611 Parcel ID#(REQUIRED) 2735-124-38-005 APPLICANT: Name: BTRSardy LLC Address: 128 E Main Street, Aspen CO 81611 Phone#: 970-379-1907 REPRESENTIVATIVE: Name: Brewster McLeod Architects Inc. and Alan Richman Planning Services, Inc. Address: PO Box 697 Aspen, CO 81612 PO Box 3613, Aspen CO 81612 Phone#: 970-544-0130 970-920-1125 ~ GMQS ExemptionHistoric Change in Use Q Conceptual PUD D Temporary Use Cl GMQS Allotment r-1 Final PUD (& PUD Amendment) Special Review Subdivision D Conceptual SPA £ ESA-8040 Greenline, Stream E-7 Subdivision Exemption (includes £ Margin, Hallam Lake Bluff, Condominiumization) U Mountain View Plane U Final SPA (&SPA E Commercial Design Review E Lot Split Amendment) ~ Residential Design Variance £ Lot Line Adjustment 1~1 Small Lodge Conversion/ Expansion D Conditional Use Other: Administrative EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) Determination See attached Floor Plans PROPOSAL: (Description of proposed buildings, uses, modifications, etc.) See attached Have you attached the following? FEES DUE: $ 325.00 ~ Pre-Application Conference Summary ~ Attachment #1, Signed Fee Agreement ~ Response to Attachment #3, Dimensional Requirements Form ~ Response to Attachment #4, Submittal Requirements - including Written Responses to Review Standards Q 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. March, 2016 City of Aoen I 130 S. Galena St. I (970) 920 5050 RETAIN FOR PERM~NT RECORD CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement to Pay Application Fees An agreement between the City of Aspen ("City") and 00 4 -20(y. 4566( -4 Property O Phone No.: 970-379-1907 Owner ("I„): BTRSardy LLC Email: sardyhouse@gmail.com -n Address of Billing W Property: 128 East Main Street Address: 128 E Main Street 70 (Subject of (send bills here) Aspen, CO 81611 Z 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 asthe 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 . $. 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. Ihave 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, 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 Development Department staff time. Additional time 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. City of Aspen: Property Owner: < Jessica Garrow, AICP / A Ac \ /A- Community Development Director Name. ~- v k 1 V b Craig Payne for BT<Sardy LLC City Use: Title: Fees Due: $ Received $ A#M. 9 f H fld- March, 2016 Citv of Aoen I 130 S. Galena St. I (970) 920 5050 APR 2 6 2017 RECEIVED MNITY DDELOPMEN*f . =r Permit No. COMMUNITY DEVELOPMENT DEPARTMENT .1 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 bv the property owner or Attorney representing the property owner. The following certification shall accompany the application for a permit. Subject Property: 128 E Main Street. Asnen CO 81611 1, the property owner, certify as follows: (pick one) [3 This property is not subject to a homeowners association or other form of private covenant. El 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. J 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: date. ,/16/7 nl-1 Owner printed name: Craig Payne or, Attorney signature: date: Attorney printed name: November, 2014 City of Aspen I 130 S. Galena St. I (970) 920-5090 5/