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. I AGENDA ASPEN HISTORIC PRESERVATION COMMISSION June 12, 1996 REGULAR MEETING SISTER CITY ROOM 5:00 I. Roll call and approval of May 8th and May 22nd minutes. ~Fig_~ Q ,~ i u 3 4 39 n 0 /K II. Commissioner and Staff Comments III. Public Comments IV. NEW BUSINESS ,j 5:15 A. Redhead tour booth 09&-- ffla,+4 0/9 (- Al,.Jan<·€ Moni~Or~ 5:30 B. 712 W. Francis - Partial Demolition (no memo) V. OLD BUSINESS A. 303 ~. Main - Vested Rights - Table to July 10th \ 6:10 B. 706 W. Main - Conceptual - P 4/, 6709.-.- d. 00 4 1-26(~2_,J '--i»k_ 2(RN 6:45 C. 935 E. Hyman - Continuect Coneeptual - ce 414 ne 4 ©. N - -1-~U- nx-E- A-* 43 Le-4 -,¥-«- 3.-_l,-1 C. - 7:25 C. 414 N. First - Worksession D- \Joi_-A> 155 (C, O/ ff 7:45 VI. Adjourn . Site visit to Paepcke house 414 N. First RSVP to Amy - Meet in the alley behind city hall at NOON Wed. ¢ I PROJECT MONITORING 0 Donnelley Erdman Meadows Collins Block/alley 624 E. Hopkins 220 W. Main - European flower 930 King Street 420 E. Main Galena Plaza Jake Vickery Meadows 130 S. Galena 520 Walnut Street - Greenwood 205 W. Main - Chisolm 610 W. Hallam Leslie Holst 303 E. Main Kuhn 930 King Street Roger Moyer Holden Marolt 303 E. Main 520 E. Main 107 Juan ISIS 939 E. Cooper 426 E. Hyman (Curious George) Martha Madsen 132 W. Main - Asia 435 W. Main - L'Auberge 706 W. Main 702 W. Main Stapleton 525 W. Hallam Wyckoff 316 E. Hopkins - Howling Wol f Sven Alstrom 624 E. Hopkins 712 W. Francis - Orbe residence 918 E. Cooper 820 E. Cooper ~ Sven Alstrom 939 E. Cooper Susan Dodington 612 W. Main 316 E. Hopkins - Howling Wolf Melanie Roschko 918 E. Cooper ISIS Suzannah Reid 320 Lake Ave. Mark Onorofski 426 E. Hyman CONCEPTUAL APPROVALS WHICH HAVE NOT GONE TO FINAL: 520 Walnut (Greenwood), expires March 22, 1995 834 W. Hallam (Poppie's), expires April 26, 1996 123 W. Francis (Vickery), expires May 24, 1996 406 W. Hopkins (Isis), expires August 23, 1996 820 E. Cooper (Anson), expires September 27, 1996 939 E. Cooper (Langley), expires November 9, 1996 824 W. Hallam (Poppies), expires April 26, 1996 935 E. Hyman (rock) NOTE: need monitor for 123 W. Francis ,/4 . MEMORANDUM TO: Aspen Historic Preservation Commission THRU: Stan Clauson, Community Development DirectdP~2/ FROM: Amy Amidon, Historic Preservation Officer RE: Redhead tours- Minor DATE: June 12, 1996 SUMMARY: The applicant requests HPC approval to place a temporary booth on the Popcorn Wagon site for booking scenic and four wheel drive tours. APPLICANT: Susan Thomas. LOCATION: Popcorn Wagon property. PROJECT SUMMARY AND REVIEW PROCESS: All development in an "H," Historic Overlay District, or development involving a historic landmark must meet all four Development Review Standards found in Section 26.72.010(D) of the Aspen Land Use Code in order for HPC to grant approval. 1. Standard: The proposed development is compatible in general design, massing and volume, scale, and site plan with the designated historic structures located on the parcel and with development on adjacent parcels when the subject site is in an "H," Historic Overlay District or is adjacent to a historic landmark.... Response: The proposal is to set up a reservations desk on the Popcorn Wagon site in the location shown on the attached site plan between June 1 and October 1 ofeach year. The deskwill be 4' 11"wide x 3'1" deep. There will be no overhead covering. The applicant proposes to hang signs on the desk. These will require a sign permit and the ones shown on the enclosed sketch are probably over the amount of signage allowed by Code. Signs are a staff approval, however, input from HPC at th'is meeting is requested. j There is no direct impact on any historic structure. 2. Standard: The proposed development reflects and is consistent with the 0 character of the neighborhood of the parcel proposed for development. Response: The proposal has no negative impact on the character of the neighborhood. 3. Standard: The proposed development enhances or does not detract from the historic significance of designated historic structures located on the parcel proposed for development or on adjacent parcels. Response: The proposed booth does not impact the historic significance of any designated structure. 4. Standard: The proposed development enhances or does not diminish from the architectural character and integrity of a designated historic structure or part thereof. Response: There is no impact on the architectural character or integrity of any historic structure. 0 ALTERNATIVES: The HPC may consider any of the following alternatives: • Approve the Minor Development application as submitted. • Approve the Minor Development application with conditions to be met prior to issuance of a building permit. • Table action to allow the applicant further time for restudy. (Specific recommendations should be offered.) • Deny Minor D©velopment approval finding that the application does not meet the Development Review Standards. RECOMMENDATION: Staff recommends that HPC approve the minor development application. Further review and permits for signs are required. 0 RECOMMENDED MOTION: "I move to approve the minor development application for Redhead Tours at the Popcorn Wagon, to be in use between June 1 and October 1 of each year, with the condition that permits for signage are obtained." ADDITIONAL COMMENTS: 0 8 - 0 WATERFALL HOPE : . 1 1 Lit*'$. .5,4&/ 625,- f/, 11 Ifil . 1 - 11"19 :31 :OE , sesMA~ 28*441,1 1 1, :, 11.4':,MI ~ff]&0,~kAVLTAR& COMMISSARY Lo c.:now 4~# i»444tr~ 11 i - OF Bo ortt -,-*- tf-dvvy- ~~ 1 11,7765%4 '17. '(111 ,·111/+111•,1 lili.... 1/ 1 1 1 1 1 1 5 1 1 Lili .... ,/ . .1,9 11 Ifi'.1 41 '11'111 ''Ift .1 1,1111],111 'lilit[ 1, 41 1.1,1,111 1 0.1,1 1,1,1,11>11,1 '., 1-\ - 99/ - 1 ; 1 :24\, Cl . '2,1 1 11 111.11,1,111'11,1,1,5 4 f.1 11(1111 111 1 1 1 1,11 .,111,1 11 6 -Z. % 1 '1111,11 %-11/Iii ·,i i / tit i /0 WHEELER 3.:Iir \:t'"I'lilli'21'11,11 1.ir,11111,11,1,1,4 11,111,1,1,1.1,b 1,11 lilli. 1 1 11/111 4,4 71 ll 'll,#'Ill ·fll""1 "Il,~~;Ill:· ib 4454<20:",b,k~VYI.' *.'i'ALV#,9,«,'Ill 1,4,11'ibl. ' * Veh,4 I, 1 1 1 4 1 1 1 1 A c„95 SQUARE 1 /-rl ,'', 4411ftf i,ll,• lili 1 i.11 1/1111/,1,•,i I /1,1, 'ililil Il , 1 11 1 .. : 7 6 - - • ST LAMP . © TABLE 1 PLANTER f« ~ HYMAN ST. 2 }PARK DENC ~REE 3 0 '0 FENCE Nlir. & SCALE d=10' £ -13-96 MILL SI MALL r=- *AL REI)*IAID TOIRS© 1%Odti~- 5~-2.X.**t»,i gaL.St Cer,Aee PE- 71°fe-ef-n/ 4 ~ts« 94 0 '449. CTI .. ~'46114, 'rv 7- J 1 0 ;t 54- 4 t, 9_li £-29-3 E-t_QU_85 0 6 t: 7 1 'st'N IC_-EOUPS 1 ' J 65~,9 A 604/e- 1,2-1.2©kewt.A 1 I /7 9/,7 P; 5 4-; A3 i /4 0..LY)\ d. 1-- D .\) 7 1_1,- b l+Ll<'ha_. j ; 115'40 43 , 2. lt«:*«,gli 1 3 1 At 'l/,/ lu ; d.t le ey 596- P·· 5404_p. oc-iz-up&9 6 - \1 s).*t, Des Crift{ ON ·' , n 1-k -</vg.© C u.6 69 €01~) Y-/9,3/e , Baer-H - I--V\. Al€- Df- 4,te.k. ory x, u j -92 cle.k ka= 7100+ S cg...,4ck. EU, t.» ?,u 3 :-€3 f. 33+ 19 Ck_ \0* evwfu' 2,~03.0~·vc€t- h..,t·. o.» (105* Sr ·.Al-,A.ct.A O.uiviQ·+-'~ 75-60*h<) \CUT lb, 2 {'04-4- \/* -ip 00 +5 00 2. WL 5 wvot· 40/ 0•..~ 5 041,26,( 4,1 21<ery Jeeac£3 -*v14-43.5·urwa»X-% C.d,3,roxj fz£/2 9-«9- fL/DVe_%1364 U/drlgt'~v\0~ ChQ#..2-ril Post Office Box 1886, Aspen, Coldrado 81612 • (970) 925-7565 • (800) 560-3451 • Fax (970) 920-1755 ./64/7,en RED"FliD TOCH.© May 23,1996 MEMO TO: Bill Drueding and~ia-n Clauson FROM: Susan Thomas 6-,-·0.-v--3UL.+1~ RE: Table stand on mall Bill, I am confirming our conversation this morning about space I will be renting for a small stand on the pedestrian mall this summer. It is for my company that provides scenic and four wheel drive tours around Aspen. After being in this business a year, it has become a necessity for me to compete on a more equal level with two of the companies that also offer tour services. These companies are Blazing Adventures and Colorado Riff Raft. They are able to book a significant amount of their scenic and four wheel drive tours from their table locations on the mall. They are also rafting companies but, hundreds of thousands of dollars in tour business \s booked by them from these locations. I am enclosing information about these companies " tour aspects" of their businesses, as well as my brochure and business background. As you can see, they are booking tours that are directly competitive with mine. - My business plans are to add two vans and two, 7 person open top jeeps, this summer. In order to fill these vehicles, that are a significant investment, it is essential for me to have the opportunity to compete "head to head" with these other tour and booking businesses. After completing an extensive marketing analyses, over the past year, these are the additional number of vehicles that the visitors need for this type of business in the Aspen area. My plans are to locate a private property spot, as they have, and lease space for a small table on the private property only. One very possible spot is on The Popcorn Wagon property. Prior to Jack Stanford leaving town for vacation, he and I spoke and have a general meeting of the minds on the location and the rent on his Popcorn Wagon property. He will return the end of this month, when we will formalize our agreement. In order for me to move forward, for the 1 st week of June opening, would you please let me know as soon as possible, if this is alright? Thank you for your assistance on this matter r Office Box 1886. Aspen. Colorado 81612 • (970)925-7363 • (800)300-3451 • Fax (970)920-17 PK'S INC. ( POPCORN WAGON) P. O. BOX 4775 ASPEN, COLORADO 81611 Ms. Suzan Thomas Aspen Redhead Tours P.O. Box 1886 Aspen. Colorado 81612 Dear Suzan: This letter will confirm our understanding to afford space to Aspen Redhead Tours in the private courtyard ofthe Popcorn Wagon located at 301 South Mill Streets in Aspen. The location ofthe booth will be at the far east end ofthe courtyard and will be operated during normal business hours. Should you need further clarification of this arrangement please feel free to contact me. Sincerely, ./ V John J. Stanford 46 Nor 61 - O 04 7 0 1 0 0 8 1 At,W · 478301 549 .34'90· - I - ' - 8 1 -"' ¥•OUD,¥2L15,NOD -BacTIA · 4 1,0111009 - 425<kied.I '~ 0,~':IM#gg, a 4 1 0 . -- -- ----'.*----r 11 1. -.J 1 :. 11 / 17 1 1 i t k 4 - 1-1 0 A 1 ...7 ·21 wil i 1 O/,GF_- 34 t- t N Doll q -0 - 77- 3 949 4 9 L 1 z~ · -- -- WOON'004- I.--1 ''> 7-- , .fo 1 -/ m.al:91*#rt i 6, :1. 1 Ir E-w n oNe . 1 i i.1 644,.4.-4 1 , 5--4« 1 -1 : 27 1 1 -- '1 lii,i,tt L 4 - 4 - -I. 61 . 7 r--1 r , VJ-*grfl'y-»-ls; 7 9,fp4,4-30· f lfHil 4 fiA ..------ -4 --- 11,1 1 t,1: !. 1 \ 1 1 1, Ij . 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It-- . -0] {J ~ ,&n~ - 4 1 I ; L== «*=- f -, ··,i . 1 C.2 1- 0 1 4 3, - PROPOSEO ADPITION , UNOWL CONSTUCI'ION _ - A.0 MOATH 6 JUN 96 0 =:ReeeQ,Eak=Deelric>w _ . - OCHUAE:lks --Afoot'nON <*Do¥.MEAS UNDEL CONirlWCTION - ?Deve. o ... 4 UNDCA CON',r- - - - '- M?KNU' 55*612% C :/* - ,# j 1- ~A,~- 1 --' &-frjd - -- 4 - 11==1 * 1 I / 11 1 111 41' .,1 1 0 - t; 11 LF 4. 1*JUVJUJUJ_ - - \. . .- 1 i f 4046 : 1 - ------1 4. 11 / -. --*----- n-- i f 14"UM~ 1 -- --1 - 4 ' ** - I ..4 45.5 --+ 082%06 1 H € 7-- 3 - 4© -- - - - EVIA 9 OEMe.. -1 ...:C - Lie[1 7 .-1.- 1 A..111#i -; -*OB .- 1 Lit 11, i ! 1, ---i-i.-- A -----1--11 + - 9400 i_~_ : lilli' 11 1 1.-7=z-zz-3130-30321 _2~21 -- PioPOSEO Nonino,1 L UNDER- CONiTUCTION kw-!lHEEE...QRMiI,Warg!1.-_.-~... BEYOND tu _.2 - W * 1-1 - 8 -t- C 4 -Pr T--1 0 H SOUTH BLEW O 1 4 8' 6 JUN 96 0 0 /1 ./ AS P M ALT 411 iNGLS --4 -- , 1 1- -- - T,1 .-1 7 1 ;* - , t t 71, il=An k'11 "vi _ f ' 2, -t , ' .1 1 I ---1.-- f -i--*- i i i · 1-.--*---P-V--~ ---I-b 1, , 1 . 1 / -I- £ i ./ 1 1,711'1 j'·4*:ia ., .+ - --- -1.-i.X--*-------1.- --g.- .+ -7- --- .*-i----*-1-I~.. --------+----*-- - $ =71 ] lili If."IMM Ii,1~11 C~LL==:1- -9 * MORA Z -2 Re¥ Etzzlk~Dlt,GE- /*14. 141Ii - -*-15541'. r-- - - u•rinz-CoN,T._PEPOSEMWO,Il€~_--m-,- - U!(Dep- Co#ff*Jcmo,1 L 88.Oro SED broornON ¢b'YOND r t4 -----------=--1-.t- Wrk-T-t _D-N- __. - ---- -·8 -1 E V - 14 0 8 T H 5 3014 96 0 31 lilli 07-1 ) MEMORANDUM TO: Aspen Historic Preservation Commission \7t~ THRU: Stan Clauson, Community Development Directe. U FROM: Amy Amidon, Historic Preservation Officer RE: 706 W. Main- Conceptual DATE: June 12, 1996 SUMMARY: The applicant requests Conceptual approval for an addition to an existing residence. The property is a designated historic landmark and is located within the Main Street Historic District. APPLICANT: Joseph and Susan Krabacher, represented by Robert Trown and Associates. LOCATION: 706 W Main, Lot Q and the west 20 feet of Lot R, Block 18, City and Townsite of Aspen. ZONING: "0," Office, Historic Overlay District. PREVIOUS APPROVALS: The applicant has previously received HPC significant development approval as well as GMQS exemptions to develop the property as office space. That project has vested rights and will not be forfeited by the current application. Conceptual Development PROJECT SUMMARY AND REVIEW PROCESS: All development in an "H," Historic Overlay District must meet all four Development Review Standards found in Section 26.72.010(D) of the Aspen Land Use Code in order for HPC to grant approval. 1. Standard: The proposed development is compatible in general design, massing and volume, scale and site plan with designated historic structures located on the parcel and with development on adjacent parcels when the 1 subject site is in a "H," Historic Overlay District or is adjacent to an Historic Landmark. Response: The project is an addition to the existing structure. Currently on site is a historic miner's cottage, with a large one story addition to the rear. This project adds a garage and laundry area as well as a second story master bedroom. An ADU will be created in the basement. No alterations to the historic house itself are proposed. Staff finds the placement and general design of the new addition appropriate. The second story addition is set far back from the house and plate heights have been kept low. One area of concern however is the street elevation. Staff finds that the long rooflines created by the shed dormers are somewhat overwhelming to the historic house (recognizing that the dormers are also far recessed from the street and in different planes). These should be restudied to create a break in this line. In addition, on the north facade the applicant might consider some more consistency in the way that windows are divided. This facade has double hung windows, sliders, casements and awning windows, making the elevation complex. The applicant requests two setback variances. A rear yard setback variance of 5' (10' is required) is requested to allow the new construction to be placed at the rear of the lot. In addition, a west sideyard setback variance of 3'8" is requested in order to provide a lightwell for the ADU. Staff finds the lightwell is appropriate and necessary to the ADU. It appears that the windows on the south facade do not meet the volume standard included in Ordinance #30. In addition, the historic house does not have a "primary window". Staff recommends the south facade be revised to meet the volume standard and that HPC waive the primary window standard. 2. Standard: The proposed development reflects and is consistent with the character of the neighborhood of the parcel proposed for development. Response: There are few buildings still in residential use along Main Street. The addition required by the applicant to maintain this house as a residence has far less impact to the character of the resource or the neighborhood than does commercial development of the site. j 2 3. Standard: The proposed development enhances or does not detract from the historic significance of designated historic structures located on the parcel proposed for development or on adjacent parcels. Response: Staff finds that the proposed addition, with possible mitigation as described above does not detract from the historic significance of the miner's cottage. 4. Standard: The proposed development enhances or does not diminish from the architectural character or integrity of a designated historic structure or part thereof. Response: The historic portion of the house is not directly impacted by this proposal. Further information is needed in regards to differentiation of old and new materials. ALTERNATIVES: The HPC may consider any of the following alternatives: 1) Approve the Development application as submitted. 2) Approve the Development application with conditions to be met prior to issuance of a building permit. 3) Table action to allow the applicant further time for restudy. (specific recommendations should be offered) 4) Deny Development approval finding that the application does not meet the Development Review Standards. Recommendation: Staff recommends HPC grant final approval with conditions. Recommended motion: "1 move to grant conceptual approval for 706 W. Main Street, as presented on June 12, 1996, with the following conditions: 1) Restudy the roofline of the shed dormers. 2) Restudy the variety of windows on th, Aorth elevation. J 3 3) Provide additional information regarding differentiation of materials on the old and ~ new portions of the building for final review. 4) HPC hereby grants a rear yard setback variance of 5' and a west sideyard setback variance of 3'8". 5) Revise the south facade to meet the volume standard. HPC waives the primary window standard. b - 0 4 APPLICATION FOR SIGNIFICANT HISTORIC DEVELOPMENT, PARTIAL DEMOLITION AND CONDITIONAL USE REVIEW FOR ACCESSORY DWELLING UNIT 706 WEST MAIN STREET Block 18, Lot Q and the west 20 feet of Lot R City and Townsite of Aspen, Colorado Applicants: B. Joseph Krabacher Susan S. Krabacher 201 N. Mill Street Suite 201 Aspen, Colorado 81611 . 0 TABLE OF CONTENTS PAGE I. Description of Application............................ 4 II. Background of Property ............................... 4 III. Minimum Submission Contents .. IV. Significant Historic Development and Partial Demolition... ............................. 6 1. Specific Submission Contents .... 2. Review Standards 3. Partial Demolition ... 12 V. Conditional Use Accessory Dwelling Unit.......... ...... VI. Vested Rights.. 1 j 2 EXHIBITS 1 Pre-Application Conference Summary 2 Disclosure of Ownership and Title Insurance Policy 3 Permission to Represent 4 Vicinity Map 5 Land Use Application Form 6 Elevations of Approved Office Building 7 Existing Conditions Drawings and Survey/Existing Site Plan 8 Proposed Conceptual Site Plan and Elevations - 3 I. Description of Application. This is a land use application for 706 West Main Street, also known as Lot Q and the West 20 feet of Lot R, Block 18, City and Townsite of Aspen, Pitkin County, Colorado (the "Property"). This land use application requests approval for significant development of an historic landmark, partial demolition, and conditional use approval for an accessory dwelling unit. II. Background of Property. The Property has received several prior approvals that are relevant to this Application. The Property was originally built in 1894 and appears on the Sanborn and Sons Insurance maps of 1898. The Property was originally rated a "1" on the prior historic rating scale (which was a scale from 0 to 4 plus two additional categories for excellent and exceptional historic resources). The Property has had significant additions to the north (rear) and east. These additions have added a new rear wing and new east wing. The original historic structure was substantially demolished to the north when these additions were added. Based upon the information from the Pitkin County Tax Assessor's records, the additions appear to have been added in 1967. In 1989, the Property received landmark designation by the City of Aspen and received a conditional use (special review) for an antique store. The special review apbroval for conditional use permitted a change in use from k residential structure to a commercial structure. Accordingly, the existing 1,717.25 square 4 ~~h foot house was approved for an antique store. The Property has been used as a commercial property since 1989. In 1995, the Krabachers obtained approval to develop the Property for a commercial office building. The final approval allowed a 3,750 square foot (above grade) office building. The design approved for the office building is included as Exhibit 6. By this Application the Krabacher are not abandoning the prior vested approval, but instead wish to obtain approval for a residential addition to the Property. If approved, the residential addition will result in a building with above grade floor area of 2,883.40 square feet, a reduction of 866.60 square feet. In addition, the residential addition will not require any relocation of the existing historic structure, will require a minimal 0 demolition of a portion of the structure that was built in 1967 and will have substantially less impact on the historic resource. III. Minimum Submission Contents. The Applicants' names, address and telephone number are B. Joseph Krabacher and Susan*S. Krabacher, 201 N. Mill Street, Suite 201, Aspen CO 81611 (970) 925-6300. A letter authorizing B. Joseph Krabacher & Associates, P.C. and Robert Trown and Associates, Inc. to represent the Applicants, together with the names, addresses, and telephone numbers of the representatives, are attached as Exhibit 3. b The street address and legal -description of the parcel upon ~which the development is proposed to occur are 706 West Main Street, Aspen, Colorado 81611 also known as Lot Q and the west 20 5 feet of Lot R, Block 18, City and Townsite of Aspen, Pitkin County, - Colorado. The Disclosure of Ownership and Title Insurance Policy are attached as Exhibit 2, which discloses ownership of the parcel. An 8.5 x 11 vicinity map locating the subject parcel within the City of Aspen is attached as Exhibit 4. A survey of the subject Property is enclosed as part of the existing conditions drawings, Exhibit 7. IV. Significant Historic Development - Partial Demolition. The Property is located in the Main Street Historic District and is a local landmark. , Accordingly, the proposed development must receive significant HPC development approval. In addition, since the Applicants seek to demolish a portion of additions which were added to the north (rear) and east of the structure, this Application requests partial demolition approval. 1. Specific Submission Contents - Conceptual Development ~ Plan For Significant Development - LUC Sec. 26.72.010(F)(3). Scale drawings of all elevations of proposed structures, including a roof plan, are enclosed with this Application as Exhibit 8. The conceptual selection of major building material includes the use of wood siding on the new addition with the same overlap as the existing siding, but differentiating the new with the use of texture and color. Asphalt singles are proposed for the roof, again using color and possibly shingle profile for differentiation. The historic structure will not be affected at all by the development, and no changes are proposed to the original historic structure. 0 6 The proposed development will enhance the original design of the histdric structure by leaving the historic structure in its original location. The proposed addition to the east and rear of the historic structure has been. designed to minimize its impact on the historic structure and the neighborhood. The proposed addition is located on the rear portion of the Property providing substantial relief from the historic structure. Comparing the proposed residential addition to the previously approved office building it is apparent that this development proposal enhances the historic resource and contributes to the neighborhood character of this portion of Main Street even more than the previously approved design. Residential uses are quickly disappearing from Main Street, and the proposed addition is relatively small, and will preserve a residential use in this area of Main Street. A visual description of the neighborhood context will be supplied at the HPC hearing consisting of photographs of the street scape and surrounding land uses. 2. Review Standards - LUC Sec. 26.72.010.D. The following are the review standards and responses of the Applicants: THE PROPOSED DEVELOPMENT IS COMPATIBLE IN GENERAL DESIGN, MASSING AND VOLUME, SCALE AND SITE PLAN WITH DESIGNATED HISTORIC STRUCTURES LOCATED ON THE PARCEL AND WITH DEVELOPMENT ON ADJACENT PARCELS WHEN THE SUBJECT SITE IS IN AN H, HISTORIC OVERLAY DISTRICT OR IS ADJACENT TO AN HISTORIC LANDMARK. FOR HISTORIC LANDMARKS WHERE PROPOSED DEVELOPMENT WOULD EXTEND INTO FRONT YARD, S IDE bYARD AND REAR YEAR SETBACKS, EXTEND INTO THE MINIMUM DISTANCE BETWEEN BUILDINGS ON THE LOT OR EXCEED THE ALLOWED FLOOR AREA BY UP TO 500 SQUARE FEET OR THE ALLOWED SITE COVERED BY UP TO FIVE (5) PERCENT, HPC MAY GRANT SUCH VARIANCES AFTER MAKING A FINDING THAT SUCH VARIATION IS MORE 7 COMPATIBLE IN CHARACTER WITH THE HISTORIC LANDMARK AND THE NEIGHBORHOOD, THAN WOULD BE DEVELOPMENT IN ACCORD WITH DIMENSIONAL REQUIREMENTS. IN NO EVENT SHALL VARIANCES PURSUANT TO THIS SECTION EXCEED THOSE VARIANCES ALLOWED UNDER THE COTTAGE INFILL PROGRAM FOR DETACHED ACCESSORY DWELLING UNITS, PURSUANT TO SECTION 26.40.090(B)(2). RESPONSE: The proposed addition is compatible in character with the historic structure and the neighborhood as illustrated by the scale plans and elevations submitted as Exhibit 8 with this Application. The historic structure will not be relocated and will remain in its original historic location. This will preserve the existing street scape and historic relationship between the original structure and Main Street. The proposed addition is designed to be compatible with the historic structure so as not to overpower it. The historic structure is a very simple structure. Unlike most historic structures on Main Street, the gable end does not face Main Street, but the rectangular shape of the historic structure does face Main Street. The proposed addition has been set back substantially in order not to overpower the historic structure. It is intended that the detailing of the addition to the historic structure will be slightly different than the historic resource in order not to duplicate the historic resource. The massing and volume of the proposed addition is reduced by using a pitched roof with shed dormers to reduce the height of the addition. j The Applicants are requesting side yard and rear yard variations. The rear yard variation requested is five (5) feet, 8 which is necessary to keep the addition set back as far as possible from the historic structure. The rear yard set back is to accommodate the two-car garage, the rear porch and the sub-grade ADU. Since the rear yard set back for accessory structures is five (5) feet, the Applicant may not need a rear yard set back variation, but to be sure there is no problem with this Application, a rear yard variation is requested, as necessary. In addition, Applicants request a side yard setback to accommodate the window well for the sub-grade ADU. The ADU is entirely voluntary, and Applicants contend that the side yard variation is in compliance with the applicable standards since it is needed to add light and ventilation to the ADU. The window well will not be visible from the primary facade (Main Street), and has 0 little if any impact on the site as it is located well to the rear of the site. THE PROPOSED DEVELOPMENT REFLECTS AND IS CONSISTENT WITH THE CHARACTER OF THE NEIGHBORHOOD OF THE PARCEL PROPOSED FOR DEVELOPMENT. RESPONSE: The neighborhood is comprised of a number of historic structures, typically utilizing gable ends and pitched roofs, together with a number of flat roof structures, consisting primarily of lodges, apartment buildings and one restaurant - the Hickory House. By utilizing the proposed design, the development reflects and is consistent with the character of the neighborhood . because it utilizes a pitched roof structure that relates to other j buildings on Main Street, while preserving the historic structure 0 in its original gable form. The proposed Stapleton Office 9 Building to be located immediately to the east of the Property is ~ quite large and massive. The Stapleton Building is larger in the front and steps back to the rear of the lot. The proposed addition to the subject Property preserves the scale along the street while allowing redevelopment of the Property with a residential addition. THE PROPOSED DEVELOPMENT ENHANCES OR DOES NOT DETRACT FROM THE HISTORIC SIGNIFICANCE OF DESIGNATED HISTORIC STRUCTURES LOCATED ON THE PARCEL PROPOSED FOR DEVELOPMENT OR ADJACENT PARCELS. RESPONSE: The proposed development enhances the historic significance of the historic structure by preserving it in its original location, with no changes whatsoever. The project is intended to showcase the historic property by setting back the proposed addition approximately half the way back on the parcel away from the primary Main Street elevation. The proposed addition will be minimized by the use of a sloping roof with shed dormers, 0 which will still provide the necessary ceiling heights for the proposed addition while making the proposed addition disappear behind the historic structure. From the street, a pedestrian will perceive very little of the proposed addition since it is substantially set back and the roof of the existing historic structure will substantially shield the proposed addition. The lot is a substandard 5000 square foot lot which provides limited opportunities for utilizing the site, due to its size constraints. The Applicants have viewed the proposed development as an "infill" type of development and have, to the extent 0 10 possible, moved the mass and bulk of the building to the north (rear) of the site. THE PROPOSED DEVELOPMENT ENHANCES OR DOES NOT DIMINISH OR DETRACT FROM THE ARCHITECTURAL CHARACTER AND INTEGRITY OF A DESIGNATED HISTORIC STRUCTURE OR PART THEREOF. RESPONSE: As described above, the proposed development enhances the architectural integrity of the historic structure by preserving it in its present location on the site. The addition has been set back to allow the historic structure to stand on its own. The proposed development maintains the pedestrian environment of the street scape by setting back the proposed addition and utilizing the historic structure to block the pedestrian's view of the proposed addition. The proposed development maintains the traditional setback from Main Street, so the perception of the original building mass is preserved. The box-like quality of the existing historic structure has been preserved. There will be no addition of balconies, cantilevers, or pitched roofs or any other rooftop additions that would alter this quality. The building elements of the original historic structure which contribute to the horizontal alignment of the street scape have been retained. There are no proposals for any changes whatsoever to the historic structure. The architectural details of the original structure will be preserved as is. Trim materials will be subordinate to the major facade materials. Any external light fixtures will be simple in design. To the extent possible, the A existing historical materials will be preserved. I f replacement is j necessary, new materials will duplicate the scale of the historic 11 materials. The historic structure Will be repainted in A.- substantially the same color pattern as exists. The use of bright ~ colors will be reserved for accents. The massing of the proposed addition has been designed to reduce its perceived bulk. The design is not intended to imitate historic designs found in the Main Street Historic District, but is intended to be a very quiet addition that will not detract from the simplicity of the original historic structure. 3. Partial Demolition - LUC Sec. 26.72.020.C. The portion of the Application addresses the review standards for partial demolition. In general, the Applicants are proposing to demolish a small portion of the rear (north) and east portions of the 1967 additions to the structure. The area to be demolished consists of a 24 foot by 17 foot portion of the 1967 addition at ~ the very rear of the property, comprising approximately 375 squire feet. THE PARTIAL DEMOLITION IS REQUIRED FOR THE RENOVATION, RESTORATION OR REHABILITATION OF THE STRUCTURE OR THE STRUCTURE DOES NOT CONTRIBUTE TO THE HISTORIC SIGNIFICANT OF THE PARCEL RESPONSE: As noted above, the approximately 375 square foot portion of the structure proposed for partial demolition is not part of the original historic structure, but is part of the 1967 j additions to the structure. Therefore, the portion proposed for , j demolition does not contribute to the historic significance of the parcel. 12 0 In addition, in order to locate the addition as far as possible to the rear of the property, and effectively redevelop the parcel to allow for the use needed by the Applicants, the partial demolition is required for renovation, restoration or rehabilitation of the structure. THE APPLICANT HAS MITIGATED, TO THE GREATEST EXTENT POSSIBLE, IMPACTS ON THE HISTORIC SIGNIFICANCE OF THE STRUCTURE OR STRUCTURES LOCATED ON THE PARCEL BY LIMITING DEMOLITION OF ORIGINAL OR SIGNIFICANT FEATURES AND. ADDITIONS. RESPONSE: As noted above, the partial demolition relates solely to the additions that were added to the structure in 1967, and have no historic significance. The original historic structure is not being changed in any respect whatsoever. 0 THE APPLICANT HAS MITIGATED, TO THE GREATEST EXTENT POSSIBLE, IMPACTS ON THE ARCHITECTURAL CHARACTER OR INTEGRITY OF THE STRUCTURE OF STRUCTURES LOCATED ON THE PARCEL BY DESIGNING NEW ADDITIONS SO THAT THEY ARE COMPATIBLE IN MASS AND SCALE WITH THE HISTORIC STRUCTURE. RESPONSE: This standard can best be reviewed by reference to the elevations of the proposed addition. The addition has been set back substantially from the original historic structure, and occupies the rear half of the property. The Applicant has designed a sloping roof, using shed dormers, to reduce · the height and massing of the addition while maintaining adequate ceiling heights on the interior. b j 13 V. Conditional Use Accessory Dwelling Unit - LUC Sec. 26.60.040 The scaled plans included in this Application include a sketch plan of the site showing existing and proposed features which are relevant to the review of the conditional use application. In addition, proposed and elevations and floor plans are included. THE CONDITIONAL USE IS CONSISTENT WITH THE PURPOSES, GOALS, AND OBJECTIVES AND STANDARDS OF THE ASPEN AREA COMPREHENSIVE PLAN, AND WITH THE INTENT OF THE ZONE DISTRICT IN WHICH IT IS PROPOSED TO BE LOCATED ~ RESPONSE: The proposed conditional use is for an accessory dwelling unit. The AACP has encouraged employee housing, and Ordinance No. 1, Series of 1990, gives the Applicant the option to construct an accessory dwelling unit, which is a conditional use in the Office (0) Zone District. This furthers the goals of the AACP. THE CONDITIONAL USE IS CONSISTENT AND COMPATIBLE WITH THE CHARACTER OF THE IMMEDIATE VICINITY OF THE PARCEL PROPOSED FOR DEVELOPMENT AND SURROUNDING LAND USES OR ENHANCES THE MIXTURE OF COMPLIMENTARY USES AND ACTIVITIES IN THE IMMEDIATE VICINITY OF THE PARCEL PROPOSED FOR DEVELOPMENT. RESPONSE: The accessory dwelling unit has been carefully designed and planned to be consistent and compatible with the parcel. The access for the ADU is from the alley and the ADU is located below grade. It is a generously sized studio (622 sq. ft.) and its access is located away from snow-shedding roofs, under the proposed rear porch. The Applicants are requesting waiver or variation of the requirement for - one parking space for the ADU. The ADU is completely voluntary as the Applicants are not required to provide an ADU since the proposed addition will not result in a 50% 14 reconstruction of the existing structure, and there is no demolition of the existing structure. The Property is located on Main Street and there is a bus stop on the corner of 6th and Main, one house away. Further, there are a variety of transportation options available to and from Main Street throughout the Roaring Fork Valley. Providing an additional parking space may actually encourage more use of the automobile, which is inconsistent with the transportation objectives of the City of Aspen. Furthermore, the site cannot accommodate an additional parking space. Overall, the residential addition with the ADU is much more preferable than the office building which has been approved and vested for this Property, and if the parking space is not waived, the Applicants likely will not build the ADU. THE LOCATION, SIZE, DESIGN AND OPERATING CHARACTERISTICS OF THE PROPOSED CONDITIONAL USE MINIMIZES ADVERSE EFFECTS, INCLUDING VISUAL IMPACTS, IMPACTS ON PEDESTRIAN AND VEHICULAR CIRCULATION, PARKING, TRASH, SERVICE DELIVERY, NOISE, VIBRATION AND ODOR ON SURROUNDING PROPERTIES RESPONSE: As illustrated by the plans, the ADU has minimal visual impact and virtually no impact on parking, trash, service delivery, noise, vibrations or odor since it is incorporated within a proposed single family residence. THERE ARE ADEQUATE FACILITIES AND SERVICES TO SERVE THE CONDITIONAL USE INCLUDING BUT NOT LIMITED TO ROADS, POTABLE WATER, SEWER, SOLID WASTE, PARKS, POLICE, FIRE PROTECTION, EMERGENCY MEDICAL SERVICES, HOSPITAL AND MEDICAL SERVICES, DRAINAGE SYSTEMS, AND SCHOOLS RESPONSE: The Property is located within the City of Aspen and will be served by City water, sewer, and septic. Police and fire protection are available as well as emergency medical 15 services, hospital and medical services, and schools. Drainage will be designed by an engineer to minimize adverse effects on ~ historical flows. THE APPLICANT COMMITS TO SUPPLY AFFORDABLE HOUSING TO MEET THE INCREMENTAL NEED FOR INCREASED EMPLOYEES GENERATED BY THE CONDITIONAL USE RESPONSE: This standard is not applicable. In any event, the Applicant would be supplying affordable housing in the form of the proposed ADU. THE PROPOSED CONDITIONAL USE COMPLIES WITH ALL ADDITIONAL STANDARDS IMPOSED ON IT BY THE ASPEN AREA COMPREHENSIVE PLAN AND BY ALL OTHER APPLICABLE REQUIREMENTS OF THIS CHAPTER RESPONSE: The ADU is in compliance with the AACP and all other applicable requirements, except as noted above. VI. Vesting of Rights The Applicant requests, upon final approval pursuant to the ~ City of Aspen Land Use Code, that the Applicant's rights be vested. krabacher\docs\application.2 . j 0 16 Pre-Application Conference· Summary /64 +/ill/71 Plamier c Date I U ! Project 10(p £061 - i - l« 61 i Appilcatit'; Re,iresentative Representative s Phone Owner's Name Wirs\n*/IXAKA.- £ ao.+.ici~41 Tylle of Api,licniint, 449<> ·:=:E:,(AM&-912601;- . .p:,92- (:0>LJ. LJSK, ~ Description of the pmject/development belng requested / T312«t,2 ' haug of vo.6.,/- OF GeoUS.6 pv.g.< '0012.| 51,7 &9 , f j Linv-A v:€A.3,1 1/I t.9Les.*- £42 44, it <,·vZ=r"r; 1 I , i 24-)13 =er- 121 Tliet applicant has been requested m respond 1011% following ite,bls and provide the Folio#ing s rkporls: 16,01*d Use Code Suclion Culnme,Ils 9,4.72·.istoce) f-ll?:ED : 110 ./4.046 AnIA.4 , U e u.a.i J ·c. 44 , . , i . i + i n ' Referral Age•cies The revt--- 8-- 123_01# (}:c on'f) (Paz and Cca I t 210 US,l /13 Publib-Heaffilk; day flo) 4-WE> 4,061•=*,406,1 P+Z- i Drix,it lt,rtlic Application Review: 44,=E#. 4 2423 f Refern,1 :tgcitcv 141 lies: I F#2:6 264 j luTALDEIPOSIT 4-{44+ 14224- 4 1 0 (Additional Imurs are billed *1 a rate or $163/1,r.) . To Apply Submit Ilie Follin,·Ing Infurn=(12,1: i 1 , Proof of ow,tership. 0 1 ~... 3. Applic:Int 's nanic, address :11:11 lelci,IK,tic nt,ti,ber in a teller figitcd by the applicant whicll Alk' flales Ilic imu,r, mildiess Rittl lek:plitme numbet of the rcpresctilittive. 4. Tutal cle,insit fur revie,v t,f ilic applicaticm $ 5. 1 0 c<,picM <,1- 111£ cclurick, al,1,lication Imeket mict }1,81,4. , P 6. St,nunary letter explaining the recitics, (existingict,*clilions 01,0 proposed uses), includilig strcel addres f mid legal clescriplion of the I,tuperly. 7. Al, 8 1/2" hy 11" vicinity map locitting the Irtrcel wil|line tile City of Aspen. 8. Site plan sliall inchicle properly botti,clarics, 101 size, proposed access, and 1,11»leal features «Iminflgewau, slreams, rivers, etc.) 1. tifj' '*~C.121/14- ,d5*~. These items need k, be submitted if dred: I 1 fir=eg- 09 1 R. List oradjacent property uwt,crs within 300 red[ or the sulkiect property with addrcises. Ve:*i<L€,0/' b. Site plitilus. - c Proof of legal accesM lt) the parcel. ' 1 d. Historic.ircscrvation Commission review/approval. i .i 1 j EXHIBIT 2 . LAW OFFICES OF B. JOSEPH KRABACHER and Associates P.C. Jerome Professional Building 201 N. MILL STREET, SUITE 201 ' ASPEN, COLORADO 81611-3206 B. Joseph Krabacher* Moscow Office Curtis B. Sanders* 9 Krasnoproletarskaya Michael G. Topalov - Suite No. 3 Nickolai V. Prokhorov - Tel: (970) 925-6300 103330 MOSCOW Igor B. Porohkin A Fax: (970) 925-1181 RUSSIA * Admitted in US only email/Internet address: - Admitted in Russia only krabacher@igc.apcorg DISCLOSURE OF OWNERSHIP The undersigned, constituting an attorney licensed to practice in the State of Colorado, hereby files this Disclosure of Ownership of the following described property: 706 West Main Street, Aspen, Colorado 81611, also known as Lot Q and the west 20 feet of Lot R, Block 18, City and Townsite of Aspen, Pitkin County, Colorado 1. The names of all owners of the property are: B. Joseph Krabacher and Susan S. Krabacher. 2. The property is subject to a mortgage or deed of trust in favor of Chase Manhattan Bank, 201 N. Mill Street, Suite 103, Aspen CO 81611 in the approximate amount of $360,000. 3. All other easements, contracts, and agreements affecting the property are as disclosed on the Lawyer's Title Insurance Corporation Policy No. 85-01-097598 attached hereto and incorporated herein by this reference. Dated: May ¢ , 1996 B. JOSEPH KRABACHER,47 ASSOCIATES P.C. By: LY C 16/---------~=2 -0 - B. Jo depl,f Krabacher 201 North Mill, Suite 201 Aspen, Colorado 81611 Telephone: (303) 925-6300 krabacher\docs\disclosure.2 , 1450'LTIC LTICLUIC;LTIC- 11104.TIC· l.:rle~C' LTIC LTIO<-LTIC,WICI-TIC!:LIL wyers litte Insumnce @poration NATIONAL HEADQUARTERS RICHMOND. VIRGINIA Policy Number 85-01- 097598 SUBJECT TO THE EXCLUSIONS FROM COVERAGE. THE EXCEPTIONS CONTAINED IN SCHEDULE B AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF. LAWYERS TITLE INSURANCE CORPORATION, a Virginia corporation herein called the Company, insures, as of Date of Policy shown in Schedule A. against loss or damage. not exceeding the amount of insurance stated in Schedule A, and costs. attorneys' fees and expenses which the Company may become obligated to pay hereunder, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested otherwise than as stated therein; 2. Any defect in or lien or encumbrance on such title; 3. Lack of a right of access to and from the land: or 4. Unmarketability of such title. IN WITNESS WHEREOF the Company has caused this policy to be signed and sealed, to be valid when Schedule A ts countersigned by an authorized officer or agent of the Company. all in accordance with its By-Laws. IQwyenilitle Insfi~e @pomtion *Nubd--e, 0<ja.,44-Vi. Presiden: M.B.. w w 14 6 Secretary ch:v,•r f.he•,t .11_TA 0·.wwr € Polic·.· For'Y' R 1970 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded fj the coverage of this Policy: 1. (M Governmental police power. (b) Any law, ordinance or governmental regulation relating to environmental protection. (c) Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancY, use or enjoyment of the land. or regulating the character. dimensions or location of any improvement now or hereafter erected on the land. or prohibiting a separation in ownership or a change in the dimensions or area of the land or any parcel oL.I. which the land is or was a part. (d) The effect of any violation of the matters excluded under (a), (b), or (c) above. unleds notice of a defect, lien or encumbrance resulti~m, from a violation has been recorded at Date of Policy in those records in which under state statutes deeds, mortgages, lis pendens, liens or other title encumbrances must be recorded in order to impart constructive notice to purchasers of the land for value and without knowledge; provided. however. that without limitation, such records shall not be construed to include records in any of the offices of federal. state or local environmental protection, zoning, building, health or public safety authorities. 7. Rights of eminent domain unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects, liens. encumbrances, adverse claims, or other matters (a) created, suffered. assumed or agreed to by the insured claimant; (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. CONDITIONS AND STIPULATIONS Definition of Terms The following terms when used in this policy mean: (c) The Company shall have the right at its own cost to institute and without undue delay prosecute any action or proceeding or to do any (a) "insured": the insured named in Schedule A. and. subject to any other act which in its opinion may be necessary or desirable to 1hts or defenses the Company may have had against the named establish the title to the estate or interest as insured. and the Company sured, those who succeed to the interest of such insured by operation may take any appropriate action under the terms of this policy, law as distinguished from purchase including, but not limited to, whether or not it shall be liable thereunder, and shall not thereby urs. distributees, devisees, survivors. personal representatives. next concede liability or waive any provision of this policy. kin, or corporate or fiduciary successors. _- - _ (d) Whenever the Company, shall have brought any action or (b) "insured claimant": an insured claiming loss or damage ' n interposed a defense as required or permitted by the provision of this ireunder. . 173:k policy. the Company may pursue any such litigation to final (c) -knowledge": actual knowledge. not constructive knowledge or , determination by a court of competent jurisdiction and expressly itice which may be imputed to an insured by reason of any public : . : reserves the right. in its sole discretion. to appeal from any adverse ·cords. . * 0 -·,9,-· judgment or order. (d) "land": the land described. specifically or by reference in ..... 1. , (e) In all cases where this policy permits or requires the Company to chedule A. and improvements affixed thereto which by law constitute- fi:z- pmsecute or provide for the defense of any action or proceeding. the al property: provided, however. the term iand- does not include any , insured hereunder shall secure to the Company the ril -operty beyond the lines of the area specifically described or referred 1 + prosecute or provide defense in such action or proceedin , in Schedule A. nor any right. title. interest. estate or easement in i ,appeals therein. and permit the Company to use. at its o iutting streets. roads. avenues. alleys. lanes. ways or waterways. but 4. name of such insured for such purpose. Whenever requesl othing herein shall modify or limit the extent to which a right of %:... . Company. such insured shall give the Company all reasonable aid In ccess to and from the land is insured by this policy. A g a pany such action or proceeding, in effecting settlement. securing (e) -mortgage": mortgage. deed or trust. trust deed. or other -- q <~ i Mevidence. obtaining witnesses. or prosecuting or defending such action ecurity instrument. , tor proceeding. and the Company shall reimburse such insured for any (f) "public records": those records which by law impart constructive·· 5 4, 4 4.; expense so incurred. otice of matters relating to said land. 21 --ify = 4.0 · 1 E ~44. Notice-61 Lou-Umitation of Action . Continuation of Insurance after Convevance of Title In addition to the notices required under paragraph 3(b) of these The Coverage of this policy shall continue in force as of Date of Policy Conditions and Stipulations. a statement in writing of any loss or i favor of an insured so long as such insured retains an estate or damage for which it is claimed the Company is liable under this policy iterest in the land, or holds an indebtedness secured by a purchase shall be furnished to the Company within 90 days after such loss or ioney mortgage given by a purchaser from such insured, or so long as damage shall have been determined and no right of action shall accrue uch insured shall have liability by reason of covenants of warranty to an insured claimant until 30 days after such statement shall have lade by such insured in any transfer or conveyance of such estate or been furnished. Failure to furnish such statement of loss or damage iterest; provided, however, this policy shall not continue in force in shall terminate any liability of the Company under this policy as to such ivor of any purchaser from such insured of either said estate or loss or damage. ,terest or the indebtedness secured by a purchase money mortgage iven to such Insured. 6. Options to Pay or Otherwise Settle Claims The Company shall have the option to pay or otherwise settle for or in 1. Defense and Prosecution of Actions-Notice of Claim to be the name of an insured claimant any claim insured against or to tiven by an Insured Claimant terminate all liability and obligations of the Company hereunder by (a) The Company, at its own cost and without undue delay. shall b paying or tendenng payment of the amount of insurance under this irovide for the defense of an insured in all litigation consisting of , pdicy together with any costs, attorneys' fees an8 expenses incurred ictions or proceedings commenced against such insured or a defense . up to the time of such payment or tender of payment, by the insured nterposed against an insured in an action to enforce a contract Gr a claimant and authorized by the Company. ;ale of the estate or interest in said land. to the extent that such itigation is founded upon an alleged defect. lien, encumbrance, or ither matter insured against by this policy. (b) The insured shall notify the Company promptly in writing (i) in 6. Determination and Payment of Loss :ase any action or proceeding is·begun or defense is interposed as set (a) The liability of the Company under this policy shall in ~.tre ;orth in (a) above. (ii) in case knowledge shall come to an insured exceed the least of: lereunder of any claim of title or interest which is adverse to the title (i) the actual loss of the insured claimant: or o the estate or interest. as insured. and which might cause loss or (ii) the amount of insurance stated in Schedule A. lamage for which the Company may be liable by virtue of this policy, or (b) The Company will pay, in addition to any loss insured ag,~by iii) if title to the estate or interest, as insured, is rejected as this policy. all costs imposed upon an insured in litigation carried on by inmarketable. If such prompt notice shall not be given to the Company, the Company for such insured. and all costs. attorneys* fees and hen as to such insured all liability of the Company shall cease and expenses in litigation carried on by such insured with the written ·erminate in regard to the matter or matters for which such prompt authorization of the Comr--v. iotice is required, provided. however, that failure tr ify shall in no (c) When liability has , definitely fixed in accordance with the --se Dreiuaice the rights of any such insured unde, a policy unless conditions of this policy. 1 ..- loss or damage shall be payable within 30 • Corr.Dar,v .man be oretudtced bv such failure ana then only to the days thereafter. . 0 - Qwyers pile Insumnce @poration NATIONAL HEADQUARTERS RICHMOND, VIRGINIA SCHFDULE 3-OWNERS CASE NUMBER DATE OF POLICY POLICY NUMBER PCT-2703 12/02/88 @ 2:26 P.M. 85-01-097598 THIS POLICY DOES NOT INSURE AGAINST LOSS OR IlAMAGE BY REASON OF THE F'OLLOWING: 1. Rights or claims of parties in possessian not shown by the public records. 2. Easements. or claims of easements, not shown by the public records. 3. Discrepancies, canflicts in boundary lines, shortage in area. encroachments, and any facts which a correct survey and inspection of the premises ;elld disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereto- after furnished, imposed by law and not shown by the public records. 5. Unpatented mining claims, reservations or·exceptions inpatents or in Acts authoriz- ing the issuance thereof; water rights, claims or title to water. 6. Taxes for the year 1988 not yet due or payable. 7. Reservations and exceptions as contained in United States Patent recorded March 1, 1897 in Book 139 at Page 216. Terms. conditions, obligations and restrictions as set forth in Aspen City Council Ordinance No. 60 (Series of 1976) designating a Historic District recorded December 9, 1976 in Book 321 at Page 51. 9. Deed of Trust from : B. JOSEPH KRABACHER to the Public Trustee of Pitkin County for the use of : SUN SAVINGS AND LOAN ASSOCIATION, IT'S SUCCESSORS AND OR ASSIGNS to secure : $220,000.00 dated : DECEMBER 02, 1988 recorded : DECEMBER 02, 1988 IN BOOK 579 AT PAGE 953 reception no. : 306554 10. Deed of Trust from : B. JOSEPH KRABACHER to the Public Trustee of Pitkin County for the use of : AMERICAN CELLULAR CORPORATION, A DELAWARE CORPORATION to secure : $20,000.00 dated : DECEMBER 01, 1988 recorded : DECEMBER 02, 1988 IN BOOK 579 AT PAGE 959 ' reception no. : 306555 j NOTE: ABOVE DEED OF TRUST RE-RECORDED DECEMBER 13, 1988 IN BOOK 580 AT PAGE 759, RECEFI'ION NO. 306850 EXCEPTIONS NUMBERED 1, 2,3&4 ARE HEREBY OMITTED. M „ 11 • 1 1*,1 •1 11••• 1 11•• Il•1•1(41••0 1-m'Inmm"Inq'"m"Milim'mlinlm"m-m"mnmjnmanm'bmia"- Mi¢=I, 1-»11,=I,loamit•~•, r,~~ •11 CONDITIONS AND STIPULATIONS-CONTINUED 7. Limitation of Liability 11. Subrogation Upon Payment or Settlement No claim shall arise or be maintainable under this policy (a) if the Whenever the Company shall have settled a claim under this policy, : Companv, after having received notice of an alleged defect. lien or right of subrogation shall vest In the Company unaffected by any act of tr encumbrance insured against hereunder. by litigation or otherwise. insured claimant. The Company shall be subrogated to and be entitled· removes such defect. lien or encumbrance or establishes the title. as all rights and remedies which such insured claimant would have he insured, within a reasonable time after receipt of such notice: (b) in the against any person or property in respect to such claim hadthis policy n event of litigation until there has been a final determination by a court of been issued. and if requested by the Company, such insured claima competent jurisdiction. and disposition of all appeals therefrom, adverse shall transfer to the Company all rights and remedies against any persc to the title. as insured. as providedinparagraph 3 hereof: or (c) for liability or property necessary in order to perfect such right of subrogation ar voluntarily assumed by an insured in settling any claim or suit without shall permitthe Companyto usethe nameof such insuredclaimant in ar prior written consent of the Company. transaction or litigation involving such rights or remedies. If the payme does not cover the loss of such insured claimant. the Company shall t 8. Reduction of Liability subrogated to such rights and remedies in the proportion which sa All payments under this policy. except payments made for costs. payment bears to the amount of said loss. If loss should result from ar attorneys' fees and expenses. shall reduce the amount of the insurance act of such insured claimant, such act shall not void this policy, but tr pro tanto. No payment shall be made without producing this policy for Company, in that event. shall be required to pay only that part of ar endorsement of such payment unless the policy be lost or destroyed. in losses insured against hereunder which shall exceed the amount. tf ar which case proof of such loss or destruction shall be furnished to the lost to the Company be reason of the impairment of the right satisfaction of the Company. subrogation. 9. Liability Noncumulative It is expressly understood that the amount of insurance under this - rZ&1- ~>· ~ ' policy shall be reduced by any amount the Company may pay under any -/.-112.2.:--1 - policy Insuring either (a) a mortgage shown or referred to in Schedule B -'. - 12. Liability Umited to this Policy hereof which is a lien on the estate or interest covered by this policy. cr(b) ·:: 11„. Thbrinstrument together with all endorsements and other 1 r a rnortgage hereafter executed bv an insured which is a charge orlienon . v. · M.,M.-attached hereto by the Company is the entire policy U the estate or interest described or referred to in Schedule A. and thel - aliween the insured and the Company. amount so paid shall be deemed a payment under this policy. The , 1.. -Any claim of loss or damage, whether or not based on negligence. a- Company shall have the option to apply to the payment of any such X ... wi#*h arises out of the status of the title to the estate or interest cover· mortgages any amount that otherwise wouldbepavable hereundertothe Jiereby or any action asserting such claim, shall be restricted to I· insured owner of the estate or interest covered by this policy and the p,ov,sions and conditions and stipulations of this policy. amount so paid shall be deemed a payment under this policy to said : Noamendment of or endorsement to this policy can be made excep: insured owner. , . writing endorsed hereon or attached hereto signed by either : President. a Vice President, the Secretary, an Assistant Secretary. 10. Apportionment . validating officer or authorized signatory of the Company. If the land described in Schedule A consists of two or more parcels .·,.· which are not used as a single site. anda loss isestablishedaffectingone -- or more of said parceis but not all. the loss shall be computed and settled - on a pro rata basis as tf the amount of insurance under this policy was . ~ divided pro rata as to the value on Date of Policy of each separate parcet to the whole. exclusive of any improvements made subsequent to Date of - 13. Notices. Where Sent Policy, unless a liability or value has otherwise been agreed upon as to All notices required to be given the Company and any statement each such parcel by the Company and the insured at the time of the writing required to be furnished the Company shall include the number issuance ofthis policy and shown by an express statement herein or by an this policy and shall be addreised to its Corporate Headquarters. 66: endorsement attached hereto. West Broad Street. Richmond, Virginia, mailing address: P.O. Box 2756 Richmond, Virginia 23261. Igwyers Iitle Insurance Corporation National Headquarters - Richmond, Virginia A WORD OF THANKS... As we make your policy a part of our permanent records. we want to express our appreciation of this evidence of your faith in Lawyers Title Insurance Corporation There is no recurring premium. This policy provides valuable title protection and we suggest you keep it in a safe place where it will be readily available for future reference If you have any questions about the protection provided by this policy contact the office that issued your policy or you may write to: Consumer Affairs Department I~wjer~Iftle Insurance @poration P.O. Box 27567 Richmond. Virginia 23261 ' 7~Ii[*Rtinlltil**tail[Miol[<Ii:Ell[,I*1[*~IliIH[Ill[**1[•Iil[*~1~*1[**0[I~t[Iil['11*1{e~Ilt•Ull[•aill•11*¢[•Cilt*In[Ilild[•11~1[1.li[*Il- . ..-1 6 ,1*ima~,Cl•, Cla,Cl•,fl•,(001 •,19*1[••~,[a~*O[00*,1,1~,I,RQ,lillill*Illl*die,•,101,I,[,~41[,~m[•~m,leMI,al,IRI~,INiUlelli*,IMI I,lim*,Coll*,ta *,Cia, t.m Idwyvrslitle Insurance Wrporation POLICY OF TITLE INSURANCE T..iriN~Tr~EiTUR•=Ril=•mI•Tr=mir=*Tr~F~ ir*MI-Eli~Blim!11~RtilmA*fr IlmEZ EXHIBIT 3 - j B. JOSEPH KRABACHER SUSAN S. KRABACHER 706 WEST MAIN STREET ASPEN, COLORADO 81611 Aspen/Pitkin Planning Office City Hall 130 South Galena, Third Floor Aspen, Colorado 81611 Re: Authorization for Representation Ladies and Gentlemen: This letter will constitute the authorization for B. Joseph Krabacher, 201 North Mill, Suite 201, Aspen, Colorado 81611 and Robert Trown & Associates, Inc., 25 Lower Woodbridge, Suite 104 B, Snowmass Village CO 81615 to represent B. Joseph Krabacher and Susan Scott Krabacher, with respect to a Land Use Application for significant historic development and conditional use approval and all matters related thereto. Very,IFuly YOMs, C 2/«2\~- ( i lE) B. Joseph Knabacher di//- Susan Scott Krabacher krabacher\ltrs\planning.4 7 ///2 EXHIBIT 4 . j -.00 - 00- -00 0 ---- N - 1 1 A--lit-1-1 1 P--111-1 ' --2 11 --=-=----1-0 . 7- 1 1-Mirlj - HHI 1--4 A 1 ' 'lifl I VICINITY MAP EXHIBIT 4 | |- N SXTH-ST 0 / / ~-rlmlim AIR RE - 1 & Z I r:klir-=6 1---111---1 17-51(© 1 t--3&221 / 1 0 *: . i - 4 k=lir=[ 1 1-----A=---- - ~ S FIFTH 51: 1 N Fl~HST. 1 1 1 1===]lo 1 S Fol.RTH - 3T--9-----2 N FOU~TH ST. Ir---1 fl r-----71- M "r---~ MW »-111---1 11736 t==1!E==1 0 2 1 1--STIll 3 I trIZII IL__1 1 L.„JIL__1 £ i t S THI]~D ST N THI! 00 . 11 - -- (PU ) 700W --3AV ·- SNI)(dOH 4 'm ,• A.113 LAND USE APPIICA:CION ]3[ERM 1 1 ) Project Name Krabacher Proposed Residential Addition 706 W. Main Street 2) Project location Lot Q and West 20 feet Lot R, Block 18, City and Townsite of Aspen (indicate street address, lot & block number, legal description diere appropriate) 3 ) Present Zoning 4) Ist Size 5,000 5) Applicant's Name, Address & Rione * B. Joseph Krabacher, Susan S. Krabacher . 201 North Mill, Shite 201, Aspen, Colorado 81611 (303) 925-6300 6) Represent:ative's Name, Address & I*•rne * John Muir, Robert Trown & Associates, Inc. 25 Lower Woodbridge Road, Suite 104 B, Snowmass Uillage CO 81615 (970) 923-6131 7) Type of Application (please chedc all that apply): X Conditional Use Conceptl,al SPA ---Ii Oonceptial Histacic Dev. Special Review Final SPA Final Hist~ic Dev. 8040 Greenline .- Conceptlial POD Minor Historic Dev. Steam Margin - Final POD - _~_ Historic Demolition Mountain View Plane Subdivisian - Historic Designation aorxhninilmlization --- Text,/Map Amendnerlt -- agS Allotment Iat @plit/Int Line -IQUS L_etion Adjustment 8) Descziption of Existing Uses (number and type of existing· structures; approocimate sq. ft.; amber of bedroans; any previous approvals granted tb the property). 1699 Square feet - building approved bv special rer,pir.7 Fnr enmmerripl h„cinc,Ae . in Office Zone District; See Application for information on previous approvals. 9) Desc=ription of Develogment Application See Application for detailed description 10) Have you attached the following? Response to Attachment 2, Minimum Subnission Contents Response to Attachment 3, Specific Submission Conterrts 2< Response to Attachment 4, Review Standards for Your Application 11'lk 1.1 + . s- $ i- 2 - .---- --*-*-**#-*-1-nenif-+-- .++... .----- 7--1 .-I...'zi_j-~EIZE=.1*./..'/TE'*-pof --El--219..--/r-L-I£i......Zilv ~Laubb i 2 -- *ELL'~S-~~rfi 1 ik *~ui©- -----irEEMP~== 7 . .. t .. .. . - i·- f.+ ' 1 1 1 1 1 21,4 15*T.ELEVATION . t .4. I lE-BI*-13,-N~-CH-JE--1€.LO- FF 1 22-83 1:411 11 .t->114, 7, + -4. 1 A , /7 S--4- .- I ' Ill y- .-- ..7212-- ...--- -- I -r-4 \ , . '.3 KL--.-27 #.2 4 '4+ 4 '[7114/2:--- ime-Tor=' 1 -_TEJUi.Dip i -1 d 1 1 -rl : .4 :1__ 1- I 1.- i --1 t, !* 1 2:1 11(,4 -1 1 -1 4 , i - 14 4' iL - 4. , 1 , 11 ul k LL 1 1 ,; F -- - 1 1 hI :' i 11 22.-11--4/ -I *. I----------I -,-$.*...I t 1 ;*.---- EA L>-1- 5 L EybT 10 74 D ll LY le,Il 4 4 FavieED 9 EF'l- 1 5 i 1 44 9 U. - 1 .11-1-41-11 11 4. 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EXHIBIT 7 b j 9 1, b 1 4-- -T I -+. 1 9 17 Z i 1 1 il 4 0 111 ' . 14,) f u D X 01 E - 0 " 0 0 k===11 21 P j h ll P -1 1 11 0 g . 41} - 1 X Po 6 2 1) I f 1 1, 1.,1 & 'F_~11111 1 . ,r r - 1 8 ; r E Tur J R 8 - 1- 11 9 1 1 1 *1 F ,¤_~,1 ,/~*t 1 ] r 12 P f 2 1 - 1 1.4 m . 1 -- 13(3 1 9- 1 1-3.- L. / L --=i_=-gg =-=-- 1 , 11 11 'A-1--, J i . 1 '11, f==d==- · 90 9 KRABACHER RESIDENCE CHARLES CUNNIFFE & ASSOCIATES/ARCHITECTS 1 1, 8 g & 706 WEST MAIN STREET ../ 1 r 11 g 1-J . 85 1 I ASPEN. COLOAADO P.O. BOX 3534, ASPEN. COLORADO 81612 TELEPHONE 303/925-5590 =../1 90 133-5 4 1 29-5 SN'MVIC] , ' #-tvewL.6 ALLCI OLULA 10 61}f - EDGE OF AWEMEA f (N.-ry 09· 11-W.)41-,9' / r-1 ser twa SET . 4· IG.rZ59 L-~AFMk PAD ¤ ENCADALHES -le•*/ -4.-PAR;CING-=«rPFB,=0 1 --- , 58£-VEE P S /1 1 TO'TAL ACCA 4.-, IT- --- - -8---C-- £-10 331 - 1 - 1 1 1 1 - 1 =Torer WOOD I HOOSE 1 HOOSE 1 8 11 .. 1 0.1 f a J N I r li# 11 y 6.1 1 002/28 r --1 1 1 1 1 - 2 1 1 .. tri 51 1 -$.J i N L - Il OVELRIANG ; 67'1| 27.1 1 1 1 .-fj Z.. d 5 1 1 - 1 · ' LARGE FREE. i /1 SET IC,17.9 W.C. ;€ - -- -- ' - 0. 07' EKeTERLX fiND ti 4 REL-EAR oF CORNER --1 / QF CORNER 04 S. PROP L.WE 1 - · 050.00 3 / 1 m .9 e ~.3 (5.75- 09'ICE.) 4999' ~ A£ 40.00 % e Crr-r k .. S C r I Cl-T-1 MC)AJ. 574 BLK. CDR· CCVNK= 1 ., 1 ® r--CUR.,6 MAIN STREET (106) ... C.,4 . Clal. L. ... C~ - Uic Eli• INS . - an: 1, IC: 5=1• rllut 511 'L•·. 0!ll m r,8 Ex-7 jirt *71 r M i INI -1 . Ell• *21 i. r RI· D :12. 2„1. R t•TEK]1 - 1. 11' P.jE r- 1 - V re: CI:.11: t, 2:. .*V - GL. . . ab?01 2:tift·If .....4 1 L 4*13*032~'8"~Mr'l?'IFfltf'ft~ ' *-, 4*~~ 2; ..ft./*,da,FLAT.I.+1 :t ..'.' ' 'I .. .. r i + I . EXHIBIT 8 . 1 . [}31 . . -~·- -I. -u = z or. j-X -- -- , --- - /4 - ----- ·rr E-= .7---t 2 31 " 1 1 --- - - * .....11 2 244+24.7>*fi : 1 l. IR Flitt . f*§4 --I If-,3. 4 - -il::- .23--3 71 m 'L--11· . i 2- L.! iLL"Jr - 1 Erv 1 WEST NORTH - ill .11 1.- 1 . 0 0 A € 2 d ccao Ill G i ¥=T=4 0 0 --- <e< ----==r .z= N J Mt; =-1=4 - ---uum=4_ 14 12.* {01982.- ..inrb F.5-rli?F= - W T-110 -!- 1.12 2-12~ =33-83 ~ 111 1 4 '1 (1 +1 5. . 2, :! ~~ 06*~ ~--13-- trut-- i 14 , •*· ·L_,L 1--·+1---t ]!t.-L~~La .~*~ >~~6---~ _ a H 4-4 li 4-4 ' i --t t . . U <=; I ~ I -i- . .7 =....'--*' ~' I)+ ~. --I--- - 1 1- I-/$ - I - -I- * --I - . -- O....... EXIOT•14 co,IP,roe SOUTH EAST ..Ce -[1 902 6 OATE 11/6/90 1 0.-€27 .0 EXISTING ELEWa-IONS 2 SCALE: 1 /4 -= /- 00 Me¥ 5 5031!HDHV/531¥DOSSV ¥ 3ddINNrl] S31&1VH) BONEIGISabl 0655-626/COE BNC:)Hd3131 2:9{8 CavMO1O3 *N339,· 'DESE XO8'Od 139816 N Y-,3 MEMORANDUM TO: Aspen Hi#toric Preservation Commission , THRU: Stan Cial~son, Community Development Dired&L-3- FROM: Amy Amidon, Historic Preservation Officer RE: 935 E. Hyman Avenue- Conceptual review, PUBLIC HEARING, Continued from May 21, 1996 DATE: June 12, 1996 SUMMARY: The *pplicant requests conceptual approval for the development of two units on a 6,000 sq.ft. parcel. The units are completely detached from one another and are restricted to the FAR allowed for a duplex on this lot. The property is a designated historic landmark due to the presence of Ute No. 4 (the rock). APPLICANT: Kentco, represented by Kim Raymond. LOCATION: 2 935 E. Hyman Avenue, Lot 1 of the Sund Lot Split, East Aspen Addition to the To~Nnsite of Aspen. ZONING: 1 RMF, historic landmark. Conceptual Development PROJECT SUMMARY AND REVIEW PROCESS: All development in an "H," Historic Overlay Distric~ must meet all four Development Review Standards found in Section 26.72.010(D) o~ the Aspen Land Use Code in order for HPC to grant approval. 1. Standahl: The proposed development is compatible in general design, massing and volume, scale and site plan with designated historic structures located on the parcel and with development on adjacent parcels when the subject site is in a "H," Historic Overlay District or is adjacent to an Historic Landmark. For historic landmarks where proposed developmerlt would extend into front yard, side yard and rear yard setbacks, e¥tend into the minimum distance between buildings on the lot or exceed the allowed floor 1 area by up to five hundred (500) square feet or the allowed site coverage by up to five (5) percent, HPC may grant such variances after making a finding that such variation is more compatible in character with the historic landmark and the neighborhood, than would be development in accord with dimensional requirements. In no event shall variations pursuant to this section exceed those variations allowed under the Cottage Infill Program for detached accessory dwelling units, pursuant to Section 26.40.090(B)(2). Response: The property is bordered on the west by a large condominium block. On the east is a property which is intended to be redeveloped in the near future. Three other inventoried properties exist in the neighborhood; two miner's cottages across the street and the pan abode cabins on the corner. The two structures proposed for this site are 1,600 sq.ft. above grade each. The applicant has requested sideyard and rear yard setback variances. At the last review, one building was set on the east lot line. Now the buildings have been more or less centered on the site to provide a minimal setback on each side. The applicant must provide a list detailing the exact setback variances requested at this time. The ADU's have been moved above grade, resulting in an FAR bonus of approximately 150 sq.ft. per unit. The applicant expects to revise or eliminate the request for an HPC FAR bonus. In HPC's previous discussions of potential development on this site it was stated that the Commission wished to preserve a clear view of the rock from the street, as well as a radius of open space around the rock. Comments were also made that the designer should attempt to integrate the rock visually into the development, making it an asset on the site rather than an obstacle. On May 21, HPC reviewed the project and tabled. See the attached memo and minutes of May 21. The HPC indicated a desire to see the units be more obviously detached from each other, or to be combined into one building. If the units were detached, there was discussion that they should not be identical to one another. The new plans do show a greater north-south separation between the units, and therefore they will more easily be perceived as individual units. In addition, material treatment and roof forms of the two units are different. Staff finds that the overall massing of the proposed units is acceptable. Major areas of discussion that remain are the very small distance between 2 unit "A" and the condominium building to the west, and the material palette. On unit 'A" for instance, the drawings show clapboard (visually a "heavier" material) below stucco, which is a light material. In addition, there is still no obvious "primary window" as required by Ordinance #30 and there are still windows in the "no window zone" on the south elevations. 2. Standard: The proposed development reflects and is consistent with the character of the neighborhood of the parcel proposed for development. Response: The neighborhood has some single family, some duplex and some multi-family development. The two detached units crowd the site, but do create smaller structures which are compatible with the neighboring miner's cottages. 3. Standard: The proposed development enhances or does not detract from the historic significance of designated historic structures located on the parcel proposed for development or on adjacent parcels. Response: The survey rock is preserved for public view. 4. Standard: The proposed development enhances or does not diminish from the architectural character or integrity of a designated historic structure or part thereof. Response: This standard is not applicable. ALTERNATIVES: The HPC may consider any of the following alternatives: 1) Approve the Development application as submitted. 2) Approve the Development application with conditions to be met prior to issuance of a building permit. 3) Table action to allow the applicant further time for restudy. (specific recommendations should be offered) 4) Deny Development approval finding that the application does not meet the Development 1~eview Standards. j 3 Recommendation: Staff recommends HPC table the application, taking into account any input from property owner's to the west about the shortened sideyard setback, for further study of material selection and for revisions necessary to meet Ordinance #30. Recommended motion: "1 move to table the application for 935 E. Hyman Avenue to July 10,19967 4 FROM : Panasonic TAD/FAX PHONE ND. : Jun. 06 1996 *LEE 89AM F131 .......1.4, .. .4-'u -- I U.3.!UK/VUZ 4 - , r: 6 .1 4 8/4 KENTCO LIMITED PARTNERSHIP June 4,1996 Members, Historic Preservation Commission City of A Zpan 130 South Galona Street Abpon. CO 81611 Re: Lot 1, Ken¢co Lot Split - Propo,ed Duplex Ladieg and Gentlemen' 1 understand that during your discussion on May 22Md relating to the proposed detached duplex on Lot 1, Kentco Lot Split. concom was expressed about the variance request whioh would allow the easterly duplex unil to be placed on the lot hne between Lots 1 and 2. The concern, as I understand it, related to the fact thal R home built on Lot 2 might bo within five (5) fc©t of the outorly duplex unit on Lot 1. notwitbmianding the rocorded Declaration of Restrictions which prohibits the structure on Lot 2, when built, to be close, than (10) feet to the lot line between the two lot®. Some membera of the Commission apparently were of the opinion that with tile agreement of the two land owners to the Declaration of Restrictions, it could be amended to modify the ten 00) foot setback roatfiction. I have reviewed the Declaration of Restriction and note that Paragraph A provides: "unless weed to in wrillng by Kentco or its successors, no building or construetion ghall occur within the westerly ten (10) feet of the bountthry of Lot 2. Kentco Lot Split ..." ] hereby represent to the Historical Pre*ervation Commission ulat I will flet agree to any change in tho Doolaration of Restrictions which would allow a building or con*truction to oceur within the wa#tarly ten (10) fect of the boundmy of Lot 2. Nor will I Wee to any amendment to the Declaration of Restrictiong, as provided in Paragraph 3 of the Declaration, which would allow a building within the ten (10) foot gotbook area. Further, I will make the City of Aspen a third party beneficiary of the Declaration of Rostrierions so thal the City will legally be in a position to enforce setback restriction on Lot 2 for the benefit of Lot 1. Vely truly yours, KENTCO LIMITED PARTNERSHIP, an Illinois Liutil=.1 Par,aet.hip My KENTCO CAPITAL CORPORATION, a Delawaro Corporotkadiw=*P•rtner 14: R!?hard A Kent, Chairman and CEO- 1 =One Northfield Plaza • Northfield. Iflinots 60003 e (708) 501-61 11~1 E.(7981 501-5FAX_ MEMORANDUM TO: Aspen Historic Preservation Commission THRU: Stan Clauson, Community Development Director FROM: Amy Amidon, Historic Preservation Officer RE: 935 E. Hyman Avenue- Conceptual review, PUBLIC HEARING DATE: May 21, 1996 SUMMARY: The applicant requests conceptual approval for the development of two units on a 6,000 sq.ft. parcel. The units are completely detached from one another and are restricted to the FAR allowed for a duplex on this lot. The property is a designated historic landmark due to the presence of Ute No. 4 (the rock). The application cannot be considered complete for this review, however staff has brought it forward, with a recommendation to table, in order to begin dialogue about the project. APPLICANT: Kentco, represented by Kim Raymond. LOCATION: 935 E. Hyman Avenue, Lot 1 of the Sund Lot Split, East Aspen Addition to the Townsite of Aspen. ZONING: RMF, historic landmark. Conceptual Development PROJECT SUMMARY AND REVIEW PROCESS: All development in an "H," Historic Overlay District must meet all four Development Review Standards found in Section 26.72.010(D) of the Aspen Land Use Code in order for HPC to grant approval. 1. Standard: The proposed development is compatible in general design, massing and volume, scale and site plan with designated historic structures located on the parcel and with development on adjacent parcels when the j subject site is in a "H," Historic Overlay District or is adjacent to an Historic 1 Landmark. For historic landmarks where proposed development would extend into front yard, side yard and rear yard setbacks, extend into 'the minimum distance between buildings on the lot or exceed the allowed floor area by up to five hundred (500) square feet or the allowed site coverage by up to five (5) percent, HPC may grant such variances after making a finding that such variation is more compatible in character with the historic landmark and the neighborhood, than would be development in accord with dimensional requirements. In no event shall variations pursuant to this section exceed those variations allowed under the Cottage Infill Program for detached accessory dwelling units, pursuant to Section 26.40.090(B)(2). Response: The property is bordered on the west by a large condominium block. On the east is a property which is intended to be redeveloped in the near future. Three other inventoried properties exist in the neighborhood; two miner's cottages across the street and the pan abode cabins on the corner. The two structures proposed for this site are 1,600 sq.ft. above grade each, with a request for a 500 sq.ft. FAR bonus. Other variances requested area rear yard setback variance of 6', an east sideyard setback variance of 5', a combined sideyard setback variance of 10% and a 5' variance on the required distance between buildings on the lot. In HPC's previous discussions of potential development on this site it was stated that the Commission wished to preserve a clear view of the rock from the street, as well as a certain radius of open space around the rock. Comments were also made that the designer should attempt to integrate the rock visually into the development, making it an asset on the site rather than an obstacle. The proposed units are very similar to each other. The major material is stucco, with log detailing, and a stone foundation. Because the project is infill construction in a diverse neighborhood, staff relies most heavily on Ordinance #30 design issues, as discussed below. 2. Standard: The proposed development reflects and is consistent with the character of the neighborhood of the parcel proposed for development. Response: The neighborhood has somei single family, some duplex and some multi-family development. The twg·detached units crowd the site, but do create smaller structures which i are compatible with the neighboring miner's cottages. 2 3. Standard: The proposed development enhances or does not detract from the historic significance of designated historic structures located on the parcel proposed for development or on adjacent parceIs. Response: The survey rock is preserved for public view. 4. Standard: The proposed development enhances or does not diminish from the architectural character or integrity of a designated historic structure or part thereof. Response: This standard is not applicable. Ordinance #30 Staff finds that the project does not comply with Ordinance #30 in several ways which will significantly affect the buildings' design. The criteria which are unmet are: 1) If 75% or more of the residential buildings on the face of a block where a project is to be located are within two (2) feet of a common front setback line, a minimum of 60% of a proposed project's front facade must also be within two (2) feet of that front setback. HPC may wish to waive this standard due to the rock's effect on building placement. 2) A primary mass is a building volume for which two of the following three characteristics do not vary: plate height, ridge height, wall plane. The floor area of a primary mass in excess of 70% of total allowable FAR shall be multiplied by 1.25. There is not variation in ridge height and plate height in over 70% of the building mass. 3) If the street frontage of an adjacent structure is one story in height for a distance more than twelve feet on the side facing a proposed building, then the adjacent portion of the proposed building must also be one (1) story in height for a distance of twelve (12) feet. The house to the east is a one story building, therefore "Building B" must inflect to it. 4) The volume standard is not met in several window areas. k)PC has the ability to waive any of the above standards, however staff recommends that , · all but the build-to line be adhered to. 3 ALTERNATIVES: The HPC may consider any of the following alternatives: 1) Approve the Development application as submitted. 2) Approve the Development application with conditions to be met prior to issuance of a building permit. 3) Table action to allow the applicant further time for restudy. (specific recommendations should be offered) 4) Deny Development approval finding that the application does not meet the Development Review Standards. Recommendation: Staff recommends HPC table the application, finding it incomplete and not in conformance with Ordinance #30. Recommended motion: "I move to table the application for 935 E. Hyman Avenue to June 12, 1996." 4 af L (19 & 141 0 t. /0<>/ ZONING OWNER Richard Kent LEGAL DESCRIPTION Lot 1 Kentco Lot Split, East Aspen Township Aspen, Co ZONING R/bAF LOT SIZE 6,000 SQ. FT. SETBACKS: Front yard 10 feet Side yard 5 feet Rear yard 10 feet OPEN SPACE: 35% of 3600 = 2100 Sq. Ft. 0 MAX. HEIGHT: 28 Feet ALLOWABLE F.A.R. 3600 Sq Ft. + (150x2=300 for ADUs) = 3900 or 1950 each PARKING: 2 spaces/unit 0 F.A.R. CALCULATIONS: BUILDING A ACTUAL ADJUSTED Lower Level 1115.25 0 Main Level 731.50 731.50 Upper Level 1134.17 1134.17 Decks 102.00 0 (15% 3600/2 = 270) Porch exempt 0 Lightwells *(EWA) 245 Garage (250 exempt) 382.88 over 250 counted as.5 (132.88/2) 66.44 TOTAL 3465.80 2177.11 BUILDING B ACTUAL ADJUSTED Lower Level 1188.00 0 Main Level 724.76 724.76 Upper Level 1090.06 1090.06 Decks 75.00 0 (15% 3600/2 = 270) Porch exempt 0 Lightwells *(EWA) 197.20 Garage (250 exempt) 452.18 over 250 counted as .5 (202.18/2) 101.09 TOTAL 3530.00 2113.02 * EWA: Exposed wall area ofthe lightwells is calculated by measuring the perimeter wall area ofthe lower level, figuring the percentage of wall that is exposed below grade and multiplying that percentage by the lower level floor. This is counted as part of the F.A.R. j l£-2 UTE ROCK #4 TOWN HOUSES REQUESTED VARIANCES 1. Rear yard setback: The required setback is 10'-0. We are requesting a variance of three feet, into the rear yard. This is for the upper level of Building A, (the West side) for a distance of only seventeen feet, for a deck. 2. Sideyard setback: The required minimum setback is 5'-0, and the combined setback for both yards is 15'-0. In responding to the HPC's concerns about the East building being set on the lot line, (even with the Declaration of Restrictions requiring the house to be built on the adjacent lot to be held 10-0' from the lot line), we have moved both buildings to the West, resulting in the need for a East side variance of 3'-0. The building is 3'-0 offthe lot line, with a 1'-0 overhang. With this variance in place, the end result will be a 14'-0 separation between structures at the front ofthe property, and a 12'-0 separation at the narrowest point. With a full 1'-0 overhang, we are requesting a 2'-0 variance for a length of 44-'0 on the West side. The view corridor required for the rock has consumed 42% of the space allowable for building A. The above mentioned sideyards will require a combined sideyard setback variance of 10'-0 for a distance of 15'-0, where the two buildings are adjacent. The effect of this variance has been dealt with by the agreement between the property owners, in which the HPC and the City of Aspen can be made a third party beneficiary. 3. Distance between buildings: 10'-0 required between buildings in IU&IF zone. In pulling the East building away from the property line, we are requesting a variance of 3'-0. 4. Finally, as this is a historic landmark designated parcel, we would like to have 390.13 square foot ofthe possible 500 Sq. Ft. bonus. The living area ofthe project is within the allowable F.A.R. and the additional square footage is to be used in the below grade courtyard and in the lightwells. 0 r C f 415 PEARL COURT ir 4 4, LAWRENCE F. ORBE III, P.C. V' 1 .4 - 190 ASPEN, COLORADO 81611 (303) 925-7321 • FAX (303) 544-0834 June 11, 1996 Historical Preservation Commission 130 South Galena Street Aspen, Colorado 81611 Attention: Amy Amidon: I refer to my letter to you and attachment of September 6, 1995, and again come before the commission for consideration of the application to remove the shed on the rear of the lot at 712 West Francis. Copies of these items are attached. Also find attached a letter explaining the lack of any historical significance attached to the rear shed. The character of the historic neighborhood and the quality - of the preservation under way can only be served by removal of-the dilapidated outhouse. Thank you for your consideration. Lawrence F. Orbe Le= LAWRENCE F. ORBE III, P.C. 415 PEARL COURT ASPEN, COLORADO 81611 (303) 925-7321 • FAX (303) 544-0834 September 6, 1995 Aspen Historic Preservation Committee Aspen, Colorado Ladies and Gentlemen: This package contains an application to remove two sheds from the residential property known as 712 West Francis, Aspen Colorado. The undersigned is representing himself in this proceeding.. Photographs are enclosed which demonstrate the poor, run down condition of the two structures in question. These structures have deteriorated to the point where they cannot be restored, and it is the belief of the undersigned that the character of the neighborhood and the quality of the historic preservation will be enhanced by the removals requested. Thank you for your consideration. -Sincerely, -- Lawrence F. Orbe This application for partial demolition, pursuant to Section 7-602 C. 1., is setting forth the need to remove the two sheds to rehabilitate and restore the residence as shown in the enclosed photographs. The sheds do not contribute to the historic significance of the parcel. Neither shed can be moved without collapsing, and no suitable site is available near the subject property. The removal is needed to provide space for renovation and compliance with the overall historic effect on the neighborhood around the property. Please see photographs enclosed on the "sister" structure located next door to subject property. Completion of the remodel will place both structures in harmony with the environment. ALPINIE CONSTRUCTION CO., |NC. 315 EAST MAIN STREET ASPEN, COLORADO 81611 PHONE (303) 925-7007 · FAX (303) 920-3778 June 11, 1996 Lawrence Orbe re: 712 W. Francis -shed by alley Dear Lawrence: I measured the material used to construct the shed by the alley & found the following: the wall studs are 1.508" x 3 3/8". The foof/ceiling joists are 1 5/8" x 5 %" and I could not find any cut nails. The roof (lowest layer) was aluminium sheets from the Aspen Illustrated News Building which went out of business in the early 1970's, I believe. Obviously, it has been reroofed since it was originally. built. I called Tim Schmidt at BMC West and his research told me that milled dimension lumber 'took place in the mid 1920's and that wire nails were used in Aspen in the 1940's. Similar if not exact diding and trim is available at BMC, West at the present time. In my opinion, the shed was constructed in the mid to late 1940's. The shed on the property to the west: contains both the electrical and natural gas meters. If we are requested to move or alter the shed, Alpine Construction will not accept any responsibility or liability for the process. We will only accept instructions to remove the shed from the present site. 2*ncer~AJ~ Don Sten Westerlind President Alpine Construction Co. 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I &' I ...t'73*r-'~7.756,4- -.Ii r.%9-. -I= .4- r.r. 0 14. - 9 . 0 0- - 1 1 1 5%%14%9 ~ KRABACHER RESIDENCE 3-1-37 F ~-j H GADSCA#FO J i -«-0 10 ;4 ER*H: F:%*:8 ···· , · Planning & Zoning Floor Area Calculations Uk 1 r ?~·· ·- ALLOWABLE BUILDING AREA FOR EXISTING 5,000 S.F. LOT .€.=.6=...wm·....r 2&:14 111 . Base allowable for lot sizes W 7 1 - TH 1 4 1 «r 3.000-6.000 s. f. 2,400 s.f. Allowable increases 28 s. f. of floor area for each 100 s. [ oflot area over 3.000 s. f. (5,000 minus 3,000 divided by 1 100 times 28): 560 s.f Ch. 1 --- 2,960 s.f. Tot.1 allowable area: ~ LIVINLR / eUSEMIN~ / ~19-1=HEN| 61_ _*«- - PROPOSED BUILDING AREA 274.2Os.f. Existing residence. 1,717.25 s.f CJ New consauction: First floor. uy Second fioor- 806.80s.f. W 70 0 G*•,DEN WINce,W Ae•We Excess garage area 420.25 s.f. proposed garage area 1-2 Sg 3z, s.f. counted at .5 FAR: 85.13 s.£ rk 1 .~ ~ , minus 250 s.f. allowable = 170.25 ~ _ O \\ Total proposed area: 2,883.40 31 11002,- uP 127 rwl•c]H PROPOSED BASEMENT A.D.U. BUILDING AREA - :mmm fa O 72.00 s.f. * 8 First 0oor. o E- . .Basement. 622.50 s.f : f / 5: P./ - 0 4 , 9-4\ i f 3.OIl ,f E. B 694.50 E- E- : C N - Total proposed area: 3WL ' BASEMENT A.D.U. PLAN 01 < 0 W Im 03 3 1 2 0 < ALL« > W ti a' \\ ' 6 Rh P.64* 1»0 667-13&,A< - /462:eeel•:f Uses , 1 NK 46 - 50,00 r. /1 - 11 . -9. . .... ...... *Il--- t-4 I ------ - ---··· 1 , ~ ~ V O - 9 u 1 , 11 0 -- L , 1 -1.--1 .4 T 1 1 --- - - - --- f ......g· fgh,1•~ 1*Fo €€re•ci<. 1 1 e- 1 -4 1 • € 4--- 7- Im,<c'+I 9 . - -6. fil ~ A,ze,eum:r uses 1/ -4& / 6- ~ -120 6844!eN·r-ke 0. e le -4 -4 1-9 O- El i W » 1 f +4 ': 11 i -4 . 21 1 =L -- 9 £ 22 1 K i - | 1»eTES 550 M| It»- 2€Hi 03 r - I.=== 12 0 4,44 . 0,„49 1 n r 1 o 1 8 1 9(NIc--911 *UN ]PI 6 - ?.4.?24 9 1 4- 23//1- T 056<1 , 1 .°92®1 - BUILT· IN - 3> UP, 4 5*NVEN WINCDW 0 1.----- U Ll -> / 41 '1 1 , ~0 Z~ 4 / , 1 1.331 BADEMENT A.0, U. BGU:914 1 a * ;92% 1 , 7 1 L._1-11 ,• 15; L %.41 -1 1 . r-u--- ' - -- - W-4 4- 2 L-__4| 0 0 '11 / <*2 - 1 lili I / ,/ter Fl-Ph 1 3 8.-- 0 --- t. .a V , ~ e -4-1 -.~--1--+- - 1:- . r Z .6 2 // V I. I ..A« r , R '-*1 \O''~ill , _ _- 0 "'61 (~I .r-OVEN/}16,2 : "~ i t *UNI Pect€ 1 4. f.=44/,p-« N K 1,4,1*HaN} 1 2- f I. 1 1 . <C U U I J , 1 .- 1 4, 1 WH -7 1 £ 1 ·A f-1 . . · -Musvit-t- i =Il . kNR,g= *'Prrr / . 1 - -2- 410- =.> Vt,j --= 2/f . I /1 try + · · ~911-1-ISJ~ AM, 2~ U ?-iN* 11 r, -. -- + 10 - 1 1 880 rM. 31.31 , , SECTION * SECTION SECT-UN . SECIWN i <145 r 1 --------- 1 - = ) 2 -11- 1 1 .<9· 4. <*44 t ''lift ~ ~ ~ i I , I * 1 1 1 : I/4 1 -----9--A lilli ~ 1 v UP i.*10 #a 6'FEN TZ:, 8€l-oN -; il... '. - 4 \ H+A<TCHINca INDIC>«TBE, 50, 429 /496•. OF: 9<,2 174* 0 : 1 INTEI<le)B. 7Q 8,5 98 + HOCELED .-- 09 SM. 21 ~DINI]Na .8.M.~ -| DBGN<·F*NST- 9.ti. ~ PATE: 46-- REVISIONS ~ --weer MNN «C -- ~ c-- L ------ * SITE/ROOF PLAN /< :408<1-1-+ , . 111 , 1•¥ ': ' - 5. - 191 7-77Nm Nl. 1 E -7\ 4 111: 9<191-Ir.q '0, - : \244 SGALE, 1/40 = GO" - - J. '64 8 48- -__ -Ht,AL--]lk- f.... L-- -- - Mene#*= BM,kfs, *UN 0681<.1 _ le:TTINI~ 911. 2.1 1.*. I , 52 * 0 723- ~ LIVING· 1~1. ~ ~ . ---, 'T I N f ..·2 mb . --' /99¥r-* c NEW _ '~ 1 - 9 4 it ---57*4*S 1 1*57 NI. Ti L ~ i 44> : 0~EF:~ h her, 1 : 1 1 BED 12·M 4 j . | M-r=HEN | I , \ 9 . CaAWL ef,CE 6:ZeeS ' - 1 J. f Z .1 1 +02 ~' i*-5 .k 1 , .U - .&*I r 1 , 1 4/ 3 1/1 1 Fl,440rgqc !:w,QU ~ Pl.AN -rre. 1~ pi t' t U 1-1 n BUILDING SECTION ./ ..~...~. ab f •€*S:€2:,1Fge€E- 1 5 i FIRST FLOOR PLAN EftilE.E..~ SECOND FLOOR PLAN ; ~ ~ 1 .0 -hz . a - .. I .... 8 *0 I 6892-826(048) ~/EN#a *1638) I ..7.", .V~-/ 7 5%2 - ..¢K tg " - 9.: ..... 1 1 1 1 €3*621,%*3:% 0 E ./~1/9&/1 -p KRABACHER RESIDENCE .N, 19•I - - 11 H__°L==4132. O 11--1 an Planning & Zoning Floor Area Calculations E*aE#*52: g 1 M i R .SR dz:52 . re : 2.1, -1- 1-- I. r. - sec=TioN k -' 1 Opqi oIl _ INWN :1 · . 7 4..l I. 1 1- I esp M. il - Gl-49€~1- - -- - 9 4 --- - -- et»4,6 1 1 11 11.4 - 1 ./ ··c 12€P BM 5| i RE | 1<41MHEN ~ 1 3 1 1 1 8-4785 ~ ,Mlf,H ~ F'LAN : '' irth ~ BUILDING SECTION 4 t:W:~.: 3 lf: E; -1 , · Eaa-:*it:Irmi··8 , ' I . ~ 1%©E·IE·:*•,>E€*2-2·u.~ /. SECOND FLOOR PLAN / 1 11"112. p.• i FIRST FLOOR PLAN . ~ , e . 11 . . . 0, - , ME - 826(046)4 M '.1 1 l/ ./ -. III 1,1 1,1. ... : 1 't' 1 * - 2 11, '1 1. ,1 . . .. 1 ..dj .. . -.... 1 1 1 ... 1, I . . . - 4. . .. \ . ; - i R 4, A t 0 0 ... - I . -- .. 0 , t 1 -- -P - '/ : --- .. - ,-0 1 / . 0 I. a . I 1 i ' . . -- 0 0 ./ " e \ \ - t• 1\ : 4 # 0/ -. 4 1 x/ - A , I. D. 4 .. - < 1 - 4- - 0 I .. .1 . -i-/: - -1.- . .. 0 0 ../. ... -- \ . ..110111111,1.. .. \ d .. . 0 - iF , . - 1 1 1 .4 .ig 9, 1~nti 'Cy 4 -'·· 8.-i·,224:.*0*'i ' '~'~' ~ - - i Ve,/44/ki,. Flewr- !:L -t--1__--- 1 - 15.5 'Alve sers=- ..]_ 1 i i 111 1 1 1 1 SUE¥:ioN 1 1 I , 1 I 1 591<. i - lill- 1 :i J. -1 : ' : '~~ 1 11 vii 1 til 111-1 lilli ' , W / 9 X 1 1 2 Z i I ' i IEIL.1I :i '1 0 6 I il 13 11=ZE=47 1 1 11 n 11 t.1 / / F go 4 b F Itl ..i /11 11 1 f 0* 4- '1,1!{ ,-----411-2- /1 1 1 '111 1111 11 1 ' 4 1414 ; t==:===t i, g 1 If '11 W 1 1 1£==~r 3 i 51:,5 YAMC, SET.DACK. ..... .i k 4 ...... # 6105.94 -Mt, gi .. --- ......... .......... 0- . ..................... ... G 4- 9 -11 587'X 41 El 4 .9 U 11- T-L_ 3 % 8 4 0 -I 10 \ iOEL /1 <0 1- 1 f H . 1 5# Pi* -." . L_LII_ 1%- // iii ,#. 1 7 191 I 995 4, .. I - 0 - 1 ROBERT TROWN & ASSOCIATES, INC. KRABACHER ADDITION -'ASPEN,COLORADOLL«4 A TOTAL CONCEPT DESIGN FIRM 706 WEST MAIN 25 Lower Woodbridge Rd. Suite 104 B Snowmass Village, CO 81615 t:(970)923-2644 (970)923-6131 f:(970)923-2599 1 .4 «ar 34:-·, . ·T«K·%42 j . 1/9924*2 -- --- T T - .C>-,1..1,/1 'alvos 11 & . ..5.---4 -C: t 1.. 123=296'"-57632 - 11 \\ -11. 1 . 111. ..1 11!/1...11 1111 ! 1 1.111. \ C e lit=*-~..Fi,M U i.#./"'//1 1 1 1-1 --41 4 4 -1 -=l 7 --- 111*lil --. 1 " 11 1 1 t . 'j 1 * 7 1.1.-. 1 r \ /'/--'ik 1- 1 -/ t 1. .1 t..11 r F -1 11 - *-. A - ' 4 , ' I U . 1 - - 1 vt - 'il- *. l4 1 - / ./ i...-----' -1. 111.= . V - --'. - ...,r - M1iTi~lilli~~illill~ ili-lu-, - J.l 7 1.. 1.. 1 .. -- i.__~