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HomeMy WebLinkAboutcoa.lu.cu.332 W Main St.A049-012735-124-41-007 AM M A049-01 — 332 W. Main St. Change in Use i C� U N T �� r� �i 2541 COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5090 City of Aspen Land Use: 1041 Deposit 1042 Flat Fee 1043 HPC 1046 Zoning and Sign Referral Fees: 1163 City Engineer 1205 Environmental Health 1190 Housing Building Fees: 1071 Board of Appeals 1072 Building Permit 1073 Electrical Permit 1074 Energy Code Review 1075 Mechanical Permit 1076 Plan Check 1077 Plumbing Permit 1078 Reinspection Other Fees: 1006 Copy 1302 GIS Maps 1481 Housing Cash in Lieu 1383 Open Space Cash in Lieu 1383 Park Dedication 1468 Parking Cash in Lieu Performance Deposit 1268 Public Right-of-way 1164 School District Land Ded. TOTAL NAME: ADDRESS/PROJECT: PHONE: CHECK# CASE/PERMIT#: # OF COPIES: DATE: INITIAL: PARCEL I 2735-124-41007 DATE RCVD: 5/18/99 IF # COPIES:ITT— CASE NO A046-99 CASE NAMEI 332 W. Main Street (Djuna) Conditional Use Review and GMQS Exemption PLNR:�—� PROJ ADDRI 332 W. Main CASE TYPI Conditional Use and GMQs Exempti STEPS OWN/APP:; Djuna/Jeffery Moore ADR 221 Detroit Street C/S/Z: Penver, CO 80206 PHN REP: Alan Richman ADIRI P.O. Box 3613 C/S/Z: Aspen, CO 81611 PHN 920-1125 FEES DUE: 1110 (d) + 160 (e) + 160 (h) FEES RCVDj 1430 STAT: REFERRA LOSED:BY:BOA: I I DRAC: PLAT SUBMITD: PLAT (BK,PG): ADMIN, c) i 0 MEMORANDUM TO: Aspen Planning and Zoning Commission THRU: Julie Ann Woods, Community Development Director FROM: Joyce A. Ohlson, Deputy Director RE: Djuna Furniture Store, Conditional Use - Public Hearing 332 West Main Street DATE: July 14, 1999 SUMMARY: Alan Richman Planning Services, representing Jeffrey Moore, owner of Djuna Furniture Store, has applied for a conditional use approval for the operation of a furniture store at 332 West Main Street. The subject property is located in the Office (0) zone district where the use is a conditional use for any structure that has received historic landmark designation. Such conditional use is permitted only after public hearing and decision by the Planning and Zoning Commission. The property is currently occupied with approximately 1,797 s.f. of net leasable area utilized for offices and a residential studio unit. The proposal would reduce the net leasable area by 181 s.f. for a total of 1,616 s.f. to be put to furniture store use. An addition is proposed to the structure that increases the overall floor area from 2,992 s.f. to 3,185 s.f. This addition allows for the renovation of the residential unit from a studio to a 1-bedroom unit and remodeling to accommodate the furniture store use. Overall, staff feels that given the location of the subject property along Main Street amongst a variety of uses, and the type of structure proposed to be utilized for the store that the furniture store use fits well with and will not cause negative impacts to the vicinity. The proposed use is in keeping with the purpose statement of the Office zone district and the general directions of the AACP. Staff has proposed conditions within the proposed resolution that address parking and signage. Exhibit "A" includes the review standards upon which the Planning and Zoning Commission bases their decision and staff s response to those standards. Staff recommends approval of the Conditional Use for the operation of a furniture store within the Office zone district, with conditions. APPLICANT: Jeffrey Moore, owner of Djuna Furniture Store, represented by Alan Richman Planning Services. Carolyn and John Seals are the property owners. LOCATION: 332 West Main Street ZONING: Office (0) LOT SIZE, LOT AREA, FAR: The dimensional standards of lot size and lot area are not proposed for change. The floor area is proposed to increase with an addition to and renovation of the structure. The existing floor area is 2,992.4 s.f. and the proposed floor area is 3,185.9 s.f. for an increase of 193.5 s.f. There is a decrease in the net leasable area from 1,797 s.f. to 1,616 s.f. for a change of 181 s.f. CURRENT LAND USE: Offices and a residential studio apartment. PROPOSED LAND USE: Furniture store of 1,616 s.f. and a one (1) bedroom apartment. PREVIOUS AND/OR ADDITIONAL ACTIONS: The Planning and Zoning Commission has not previously considered this application. The Historic Preservation Commission will evaluate the proposed alterations to the building as a minor development application (set for August II"). The Community Development Director will administratively handle the GMQS exemption because the proposal fits the qualifications for a minor exemption. The request for vested rights is an administrative process following Planning and Zoning Commission action on the specific proposal. REVIEW PROCEDURE: Conditional Use. With a recommendation from the Planning Director, the Commission may approve, approve with conditions, or deny a conditional use application at a public hearing. STAFF COMMENTS: Review criteria and staff findings have been included as Exhibit "A". The application has been included as Exhibit "B". Agency referral comments have been included as Exhibit "C". Recommendations from the City Engineer have been incorporated into the proposed resolution. 2 r� • RECOMMENDATION: Staff recommends the Planning and Zoning Commission approve the Conditional Use with conditions as put forth in the attached resolution. RECOMMENDED MOTION: "I move to approve the Conditional Use for the operation of a furniture store on property located at 332 West Main Street with the conditions outlined in the Planning and Zoning Commission resolution." ATTACHMENTS: Exhibit A -- Review Criteria and Staff Findings Exhibit B -- Application Exhibit C -- Agency referral memoranda 3 • • EXHIBIT A STAFF COMMENTS Section 26.60.040, Standards Applicable to all Conditional Uses (A) The conditional use is consistent with the purposes, goals, objectives and standards of the Aspen Area Community Plan, and with the intent of the zone district in which it is proposed to be located. Staff Finding: The proposed use is consistent with the Office zone district which lists "furniture store" as a conditional use for any structure that has received historic landmark designation. The structure was listed as a landmark in 1977 due to its in tact Victorian architecture and its contribution to the historic Main Street neighborhood. The purpose of the Office zone district is, "To provide for the establishment of offices and associated commercial uses in such a way as to preserve the visual scale and character of former residential areas that now are adjacent to commercial and business areas, and commercial uses along Main Street and other higher volume thoroughfares". The proposed use fits with the purpose of the Office zone district in that the building itself will continue to look residential in nature. In fact, it will continue to accommodate one residential unit. The furniture use versus other potential retail uses is one which, by comparison, generates less traffic per area committed to retail. Given the specialty type and small size (compared to more typical furniture stores) staff feels that the use will not be a destination shopping attraction but instead will be visited mostly by residents and visitors already in the area. It is therefore more likely that traffic generated by this use specifically and the related need for parking can be absorbed by the spaces provided and on -street parking as is common in the Aspen central core area. (B) 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. Staff Finding: Staff feels that the proposed use is compatible with the surrounding uses in that a variety of uses including residences, lodges, offices and commercial businesses exist in the vicinity. The building fronts on Main Street and because it is not proposed for architectural changes will continue to contribute to the traditional streetscape and continue to "read" as a residential Victorian structure, much like the other converted historic Main Street residences. The building could be practically serviced for deliveries and trash removal by the alley located to the rear of the property. An on -site solid waste receptacle is provided. The alley is used in its conventional way and for its intended purpose as a place for the focus of the delivery, trash pick-up, and access to parking. In this way, the proposed use minimizes the impact on adjoining properties for these service - related activities. The abutting neighbors to the rear of the subject property which face Bleeker Street utilize the alley in the same utilitarian manner for services and parking access. Staff feels it is important that only the minimal amount of signage be allowed in accordance with the sign code and that no inside or outside window signage be allowed so as not to detract from the residential character of the structure and neighborhood. (C) 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, vibrations and odor on surrounding properties. Staff Finding: Parking for the proposed furniture retail use was a concern during initial discussions with the applicant. The site currently contains two (2) nonconforming parking spaces in that the spaces are not fully contained on the property. The applicant proposes to provide three (3) spaces on site with two (2) of the spaces being in a stacked arrangement. Staff feels this arrangement is workable as long as it is clear that one space must be committed to the residential use. Staff also feels that the residential space should be located so that it does not interfere with delivery and service activities off the alley. Staffs preference between the two options provided for parking arrangement is Option B with the Third Street space designated for the residential use only. The corner space along the alley frontage should be designated for delivery. It is likely that delivery vehicles will back up to the rear of the store and/or temporarily park in the alley in a typical manner for alley use. Based upon the Land Use Code, the applicant would be required to provide a total of five (5) spaces for the retail and residential use. The applicant has bettered the current situation by providing three (3). The retail use may attract more autos than the designated two (2) spaces, however staff feels that the on street parking in the vicinity can accommodate the demand. (D) There are adequate public 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. Staff Finding: There are adequate facilities to serve the proposed use. (E) The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use. Staff Finding: The current structure contains a studio dwelling unit which is proposed to be converted into a 1-bedroom unit and the entire dwelling unit is proposed for remodeling. Currently, the residential unit is unoccupied due the unsuitable condition of the living space which is need of repair and upgrade. With the renovation, another residential unit will be put "back into circulation". The residence size as proposed would be 474 square feet in comparison to 469 square feet in the existing condition. Staff feels, and the Housing Department agrees, that this proposed use would not generate any more employees than the current office uses occupying the site. The Housing Department is not recommending any additional employee housing after evaluating employee generation of the new use. Therefore, no additional employee mitigation should be required for this conditional use. (F) 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 title. Staff Finding: The proposed use complies with the other requirements of the Municipal Code assuming Conditional Use approval and issuance of a business license. • MEMORANDUM To: Joyce Olilson, Deputy Director Community Development Thru: Nick Adeh, City Engineer�,/;,? From: Chuck Roth, Project Engineer 1749 Date: June 18, 1999 Re: Djuna, 332 West Main Street Conditional Use Review General - (1) These comments are based on the fact that we believe that the submitted site plan is accurate, that it shows all site features, and that it is feasible. The wording must be carried forward exactly as written unless prior consent is received from the Engineering Department. This is to halt complaints related to approvals tied to "issuance of building permit." (2) If there are any encroachments into the public right-of-way, the encroachment must either be removed or be subject to current encroachment license requirements. 1. Improvement Survey — The improvement survey is unacceptable, in addition to not being wet sealed and signed, by not being accurate and complete. A sealed and stamped improvement survey should be required prior to proceeding with the application. 2. Encroachments — The fence on the front yard encroaches into the public right-of-way and must be relocated onto private property , or the applicant may apply for an encroachment license. The encroaching concrete pad and fence in the 3' Street right-of-way must be removed. 3. Trash & Utilities — Trash containers must be stored on private property and not in the public right-of-way. Any new utility meters, pedestals or transformers must be installed on the applicant's property and not in the public right-of-way. Meter locations must be accessible for reading and may not be obstructed by trash storage. 4. Parking — There is essentially no on -site parking for the use. 5. Work in the Public Right-of-way - Given the continuous problems of unapproved work and development in public rights -of -way adjacent to private property, we advise the applicant as follows: The applicant must receive approval from city engineering (920-5080) for design of improvements, including landscaping, within public rights -of -way, parks department (920-5120) for vegetation species and for public trail disturbance, and streets department (920-5130) for mailboxes , street and alley cuts, and shall obtain permits for any work or development, including landscaping, within public rights - of -way from the city community development department. 99M86 JJII 15 'G'3 II:31AM ASFUI �Ao l_ISING OFF • P. 1 MEMORANDUM TO: Joyce Ohlson, Community Development Department FROM: Cindy Christensen, Housing Office DATE: June 15, 1999 RE: Djuna, 332 W. Main Street, Conditional Use Review Parcel ID No, 2735-124-41007 ISSUE: The applicant is requesting approval to remodel an existing office building, which contains a studio dwelling unit, and convert it into a furniture store with a small addition onto the residence. �AQKGRIOUND: This building is classified as an historic landmark, therefore, according to Section 26.102.040A1 b(2), the enlargement of an historic landmark intended to be used as a commercial or office development which increases either the building's existing floor area ratio or its net leasable square footage, but does not increase both can be exempted by the Community Development Director. The applicant is proposing to increase the floor area by approximately 193.5 square feet, but plans on decreasing the net leasable area by approximately 181 square feet, B�Oflil_�[�DJ3T After reviewing the Code, staff could not find where the applicant would be required to provide any affordable housing. dc:MwordY,tftrrandjurra.miF PUBLIC NOTICE RE: DJUNA HOME FURNISHINGS, 332 WEST MAIN STREET CONDITIONAL USE REVIEW NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, July 6, 1999 at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Djuna Home Furnishings, represented by Alan Richman Planning Services. The applicant is requesting Conditional Use approval to locate a furniture store in a building designated as a historic landmark in the (0) Office zone district. The property is located at 332 West Main Street, which is described as Lot K and the West %2 of Lot L, Block 44, City and Townsite of Aspen. For further information, contact Joyce Ohlson at the Aspen/Pitkin Community Development Department, 130 S. Galena St., Aspen, CO (970) 920-5062. s/Robert Blaich, Chair Aspen Planning and Zoning Commission Published in the Aspen Times on June 19, 1999 City of Aspen Account g:\planning\aspen\notices\djunacondl.doc kc) (0 - - a�SCc�ge Cb �-E A;!� f &vovr6?)) IPA -Tcon�or 0 0 1A *�A4 DEVELOPMENT ORDER of the City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order shall expire on the day after the third anniversary of the effective date of the Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption from expiration, extension or reinstatement is granted or a revocation is issued by the City Council pursuant to Section 26.308.010. This Development Order is associated with the property noted below for the site specific development plan as described below. Jeffery Moore, 221 Detroit Street, Denver, CO 80206;920-1125 Property Owner's Name, Mailing Address and telephone number 332 West Main Street, Aspen, CO 81611 Legal Description and Street Address of Subject Property Conditional Use and GMQS Exemption Written Description of the Site Specific Plan and/or Attachment Describing Plan Planning & Zoning Resolution 99-20, July 20, 1999 Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) August 6, 1999 Effective Date of Development Order (Same as date of publication of notice of approval.) August 7, 2002 Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) Issued this 6th day of Au ust, 1999, by the City of Aspen Community De*vlopment Director. Ju7Ann Woods, Community Development Director G. Planning.Aspen. forms.DevOrder PUBLIC NOTICE Of DEVELOPMENT APPROVAL Notice is hereby given to the general public of the approval of a site specific development plan and conditional use for Djuna Furniture Store, and the creation of a vested property right pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: 322 W. Main St. (Lot K and West '/2 of Lot L, Block 44, City and Townsite of Aspen) by Ordinance No. 20, Series of 1999 of the City of Aspen Planning and Zoning Commission. For further information contact Julie Ann Woods, at the Aspen/Pitkin Community Development Dept., 130 S. Galena St, Aspen, Colorado (970) 920-5090. s/Kathryn S. Koch, City Clerk, City of Aspen Publish in The Aspen Times on Friday, August 6, 1999 VGA C01z)-Z s,, ASPEN/PITKIN . COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611-1975 Phone (970) 920-5090 FAX (970) 920-5439 MEMORANDUM TO: Plans were routed to those departments checked -off below: 1/16 ........... City Engineer ✓� ........... Zoning Officer ✓� ........... Housing Director ✓g ........... Parks Department O ........... Aspen Fire Marshal O ........... City Water — A�........... Historic Preservation Officer O ........... Transportation Planner O ........... City Manager FROM: Joyce Ohlson, Deputy Director O ........... Sanitation District O ........... Building Department O ........... Environmental Health O ........... Electric Department O ........... City Attorney O ........... Streets Department O ........... RFTA, Mike Davis O ........... Community Development Director RE: Djuna, 332 West Main Street, Conditional Use Review Parcel ID Number 2735-124-41007 DATE: June 2, 1999 REFERRAL SCHEDULE DRC MEETING DATE: June 9, 1999 ENGINEERING REFERRAL DUE TO PLANNER: June 18, 1999 - OTHER REFERRALS DUE TO ENGINEER & PLANNER: June 16, 1999 Attached for your review and comments is an application submitted by Jeffery Moore, represented by Alan Richman. Please complete and return your referral comments according to the deadlines provided above. Thank you, Joyce. D 5tyk64-r_ 1 6 /z / q C1 - -� filaa R•rsic" Vea 3613 AAuw ee&v4o d 91612 May 18, 1999 Mr. Mitch Haas, Planner City of Aspen 130 South Galena Street Aspen, Colorado 81611 RE: DJUNA CONDITIONAL USE REVIEW Dear Mitch, 0 PCaMorucg ;P"mI57" (970) 920-1125 This letter transmits to you 13 copies of an application requesting conditional use review and GMQS exemption to establish the Djuna home furnishings store at 332 W. Main Street. Also enclosed are a check for $1,430, in payment of the Planning Office application fee deposit and referral agency review fees, and a signed copy of the "Agreement for Payment of City of Aspen Development Application Fees". A copy of the list of property owners within 300' of this property is also attached. The surveyor will be providing us several full-sized copies of the improvements survey later this week. I will submit these to you as soon as they are available. I trust that you will otherwise find the application to be complete in all respects. However, as you check over these materials, should you find the need for us to supplement or clarify any aspect of the application, please do not hesitate to ask. Thank you for your assistance while this application was being prepared and for your continuing efforts as the review of the project gets underway. Very truly yours, ALAN RICHMAN PLANNING SERVICES Alan Richman, AICP ALAN R I CHMAN 401125 P.03 • ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development Application Fces (Please Print Clearly) CITY OF ASPEN (hereinafter CITY) and P-a 1Mo aP-� , Q ,SA, (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an application for f\�—Q- G V--, QS ��e RA-L4 ., (hereinafter, THE PROJECT)- 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 43 (Series of 1996) establishes a fee structure for land use applications and the payment of all processing fees is a condition, precedent to a determination of application completeness. 3 _ APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties to allow APPLICANT to make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project approval, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $ Lk_3 o which is for (o hours of Planning staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, iulcluding post approval review. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing. CITY OF ASPEN APPLICANT Signature- Julie Ann Woods Date: - v Community Development Director Printed Name: e ea t O�� City of Aspen Mailing Address: as PROP ,r OWNERS WITHIN 300' OF 34vST MAIN STREET ROSENTHAL DIANNE PO BOX 10043 ASPEN CO 81612-7311 TAD PROPERTIES LTD LIABILITY CO PO BOX 9978 ASPEN CO 81612 JACOBY FAMILY LTD PARTNERSHIP CASPER J JACOBY III GEN PARTNER PO BOX 248 ALTON IL 62002 TAD PROPERTIES LTD LLC TOWNE CENTRE PROPERTIES LLC 323 W MAIN ST #301 ASPEN CO 81611 SCOTT MARY HUGH 38 SUNSET DR CHERRY HILLS CO 80110 CONDER CANDIDA E 19816 GRAND VIEW DR TOPANGA CA 90290-3314 KEIM JAMES T PEITZ H QUINN JR 17550 BAR X RD COLORADO SPRINGS CO 80908-1500 SILVERSTEIN PHILIP SILVERSTEIN ROSALYN 25 KNOLLS CRESCENT BRONX NY 10463 HIBISCUS GRAPE CARRIAGE CORP 1/2 CHAMBERS PETE INT 12113 DELJO DR FRONSDAL ARNE 1/2 INT FAIRFAX VA 22030 PO BOX 926 CRESTED BUTTE CO 81224 BARTON META PACKARD 6507 MONTROSE AVE BALTIMORE MD 21212 WINCHESTER ROBERT P PO BOX 5000 SNOWMASS VILLAGE CO 81615 TWIN COASTS LTD 110 WEST C ST STE 1901 SAN DIEGO CA 92101 DURBIN CAROL C/O THE ASPEN GROUP 415 EAST MAIN STREET - STE 210 ASPEN CO 81611 GOLD RANDAL S EPSTEIN GILBERT AND MOLLIE PO BOX 9813 ASPEN CO 81612 ROGERS REGINA 6 WOOD ACRES RD GLEN HEAD NY 11545 BLAU SETH J BLAU JUDITH 3896 DOGWOOD LN DOYLESTOWN PA PEITZ H QUINN JR KEIM JAMES T 17550 BAR X RD COLORADO SPRINGS CO 80908-1500 HUGGIN H SCOTT 205 S MILL ST #3 ASPEN CO 81611 KOVLER RONALD A 916 LATIMER ST PHILADELPHIA PA 19107 SHEEHAN WILLIAM J AND SHEEHAN NANCY E 10 GOLF VIEW LN FRANKFORT IL 60423 HOCKMAN GEOFFREY L & MARY ANN 250 MARTIN ST STE 100 BIRMINGHAM MI 48009 SIMON LOUIS & EILEEN 1576 CLOVERLY LN RYDAL PA 19046 RICKEL DAVID 8324 BROODSIDE RD ELKINS PARK PA 19027 BRAFMAN STUART REVOCABLE TRUST BRAFMAN LOT -TA BEA REVOCABLE TRUST 18901 161 E CHICAGO #30B CHICAGO IL 60611 PRICE DOUGLAS L AND VALERIE 8611 MELWOOD RD BETHESDA MD 20817 CRUSIUS FRANKLIN G CRUSIUS MARGARET J 5855 MIDNIGHT PASS RD APT 507 SARASOTA FL 34242 SAMIOS CAROLE HANSEN WERNER AND HARRIET TORNARE RENE SAMIOS NICHOLAS A WINTER ERNST & SON INC C/O P 0 BOX 867 PO BOX 1006 308 W CO 81611 AVE WESTMINSTER MD 21158 TRAVELERS REST SC 29690 ASPEN CO 816 Y • FISCHER SISTIE CITY OF ASPEN BARKER JACK 1/2 INT 442 W BLEEKER 130 S GALENA ST BARKER CARRYN ADRIANNA TRUST 1/2 ASPEN CO 81611 ASPEN CO 81611 INT PO BOX 7943 ASPEN CO 81612 POTVIN SALLY ALLEN BLEVINS J RONALD & PHYLLIS M DOBBS JOHN C & SARA F 320 W BLEEKER ST 7532 MAHOGANY BEND PL PO BOX 241750 ASPEN CO 81611 BOCA RATON FL 33434-5121 MEMPHIS TN 38124 STRANDBERG JOHN J & JANE T RICHTER SAM & LAURA 50% INT ASPEN HISTORICAL SOCIETY 2510 GRAND AVE APT 2403 7874 AFTON VILLA CT 620 W BLEEKER ST KANSAS CITY MO 64108 BOCA RATON FL 33433 ASPEN CO 81611 BECK GLENN A WHYTE RUTH COMCOWICH WILLIAM L PO BOX 1102 PO BOX 202 420 W MAIN ST VICTORVILLE CA 92392 ASPEN CO 81612 ASPEN CO 81611 CARINTHIA CORP RISCOR INC MCDONALD FAMILY TRUST 633 E HYMAN AVE 200 CRESCENT CT STE 1320 MCDONALD W SCOTT & CAROLINE ASPEN CO 81611 DALLAS TX 75201 TRUSTEESPO BOX 11347 ASPEN CO 81612 JBG SECOND QUALIFIED PERS RES CROWLEY SUE MITCHELL DEREVENSKY PAULA TRUST C/O GILDENHORN JOSEPH B 409 S GREENWOOD AVE 1128 GRAND AVE 2030 24TH ST NW COLUMBIA MO 65203 GLENWOOD SPRINGS CO 81601 WASHINGTON DC 20008 THALBERG KATHARINE VOGEL ROBERT CLICK JANE 221 E MAIN ST VOGEL MARILYN 333 W MAIN ST ASPEN CO 81611 1405 ACADEMY LN ASPEN CO 81611 ELKINS PARK PA 19027 BLONIARZ JOHN W & DONNA L MOUNTAIN STATES COMMUNICATIONS KEINER ROBERT P 1839 N ORLEANS ST INC PO BOX E 72 COURT ST CHICAGO IL 60614 ASPEN CO 81612 MIDDLEBURY VT 05753 SLOVITER DAVID DEROSE V F BROWDE DAVID A SLOVITER ROSALIE 1209 N 14TH AVE 176 BROADWAY STE 7A 1358 ROBINHOOD RD MELROSE PARK IL 60160 NEW YORK NY 10038 MEADOWBROOK PA 19046 SLOVITOR DAVID AND ELAINE TEMPKINS HARRY FLECK KATHRYN 1358 ROBIN HOOD RD TEMPKINS VIVIAN 25 BROAD STREET - APT 15C MEADOWBROOK PN 19046 420 LINCOLN RD STE 258 NEW YORK NY 10004-2524 MIAMI BEACH FL 33139 SCOTT MARY HUGH SCOTT CAPITAL CORP C/O 10488 W 6TH PL LAKEWOOD CO 80215 0 • KASPAR THERESA DOSS PO BOX 1637 ASPEN CO 81612 • • DJUNA HOME FURNISHINGS APPLICATION FOR CONDITIONAL USE AND GMQS EXEMPTION SUBMITTED TO CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT SUBMITTED BY ALAN RICHMAN PLANNING SERVICES BOX 3613 ASPEN, COLORADO 81612 920-1125 Eyt�t * 13 TABLE OF CONTENTS PAGE I. INTRODUCTION .............................................. 1 II. EXEMPTION FROM GROWTH MANAGEMENT QUOTA SYSTEM ..... 3 III. CONDITIONAL USE REVIEW ................................... 4 IV. VESTED RIGHTS ............................................. 7 V. CONCLUSION ................................................ 7 ATTACHMENTS # 1 Title Insurance Commitment #2 Letter Authorizing Submission of Application #3 Letter Authorizing Submission of Application #4 Pre -Application Conference Summary MAPS AND DRAWINGS Vicinity Map Site Plan Floor Plans FAR/Net Leasable Space Analysis Improvement Survey (full size copies accompany this booklet) I. INTRODUCTION This is an application for the re -development of the property located at 332 West Main Street (Lot K and West 1/2 of Lot L, Block 44, City and Townsite of Aspen). The property consists of approximately 4,500 square feet of land, zoned Office (0). Table 1, on the ' following page, provides a summary of the standards of the Office zone district. It shows that the lot is a nonconforming lot of record and the existing structure is nonconforming as to setbacks. The property currently contains an office building and a studio dwelling unit. The location of the site in relation to neighboring properties is shown on the vicinity map. An improvement survey, depicting existing conditions on the property, has also been provided. This application is being submitted by Jeffrey Moore, the owner of Djuna, a furniture store (hereinafter, "the Applicant"). Djuna will be leasing the property from its owners, Carolyn and John Seals. Proof of the ownership of the property is provided by Attachment #1, the title insurance commitment. Authorization from the owners for Djuna to submit this applicant is provided by Attachment #2. Authorization for Alan Richman Planning Services to represent the property owner for this application is provided by Attachment #3. ' The Applicant intends to remodel the existing office building to convert it into a furniture store. As part of the remodeling activity, the applicant also intends to reconstruct the existing studio dwelling unit on the property. At the present time, this apartment occupies the first floor at the rear of the building. It is the applicant's intention to make a small addition to the second floor of the building, which will allow the residence to be re -built as a two story apartment. The furniture store will occupy the rest of the first and second floors. A pre -application conference was held with representatives of the City (see Attachment #4, Pre -Application Conference Summary). Based on this meeting, it was confirmed that the following land development approvals are required by the Aspen Land Use Regulations to accomplish this project: jConditional Use Review, to convert the offices into a furniture store; GMQS Exemption, for a project that does not increase the net leasable commercial square footage or the number of dwelling units on the property; and Vested Rights for the project. The following sections of this application identify the applicable standards of the Aspen Land Use Regulations for these development approvals and provide a response to each standard. I iConditional Use Application for Djuna Home Furnishings Page 1 1 I a Ll 1 :E :E a a �, .. z xw (C � 0 0 0 z A oCIA cz w � � z � O O v l� �t N 3 V N Z z N N O F,wA a E� Cd Ln a z cz w C �. W ar "g o w. 1, w u U w w w `n [� a: O C v C.O �n �V')- N a w � � O w o� r E E � c 'c 3 'a c •a 'a � 'o .� '� � � � 'a � 11 1 II. EXEMPTION FROM GROWTH MANAGEMENT QUOTA SYSTEM As we discussed in our pre -application conference, there are several exemptions from the growth management quota system that could be applied to this proposal. The exemption that best fits our plans is found in Section 26.102.040 A.Lb.(2) of the Aspen Land Use Regulations, and reads as follows: "The enlargement of an historic landmark intended to be used as a commercial or office development which increases either the building's existing floor area ratio or its net leasable square footage, but does not increase both". We propose to increase the building's floor area, but to actually decrease the net leasable square footage of the building by approximately 180 sq. ft. (a 10% reduction). Table 2 provides a complete summary of these areas, by floor. TABLE 2 FLOOR AREA AND NET LEASABLE AREA SUMMARIES Floor Area Net Leasable Area Existing Proposed Existing Proposed 1st Floor 1,452.6 s.f. 1,452.6 s.f. 825 sq. ft. 1,102 sq. ft. 2nd Floor 1,009.2 s.f. 1,202.7 s.f. 512 sq. ft. 514 sq. ft. Attic 530.6 s.f. 530.6 s.f. 460 sq. ft. 0 sq. ft. Total 2,992.4 s.f. 3,185.9 s.L 1,797 s.L 1,616 sq. 11t. Based on the above calculations, the proposed remodelling of the existing offices into a furniture store qualifies for this exemption, which is granted by the Planning Director. The proposal also qualifies for an exemption for the reconstruction of the existing residence (Section 26.100.050 A.2.a.), which will occur within the existing building and which will create a slightly more spacious, but far more livable, 1 bedroom apartment in place of the existing studio. Conditional Use Application for Djuna Home Furnishings Page 3 III. CONDITIONAL USE REVIEW The Office (0) zone district lists "furniture store" as a conditional use for any structure that has received historic landmark designation. The subject property received historic landmark designation pursuant to Ordinance #3, Series of 1977. ' Section 26.60.040 of the Aspen Land Use Regulations lists the standards for review of a conditional use. Those standards, and the applicant's responses, are as follows: A. The conditional use is consistent with the purposes, goals, 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 consistent with the Aspen Area Community Plan (AACP). The policy of the Design Quality and Historic Preservation section of the AACP is to 'Retain and encourage eclectic and varietal businesses along Main Street to maintain and enhance the special character of the historic district". The proposed furniture store is ' entirely consistent with this policy. The purpose of the Office (0) zone district is "To provide for the establishment of offices and associated commercial uses in such a way as to preserve the visual scale and character of former residential areas that now are adjacent to commercial and business areas, and commercial uses along Main Street and other higher volume thoroughfares". The proposed furniture store will be consistent with this purpose, because it will preserve the visual scale and character of this former residence in the following ways: • The outside appearance of the building will not be altered along its Main Street facade, so the building will continue to appear to be a residential structure. Minor alterations are proposed to the rear of the building; these will be reviewed by the Historic Preservation Commission, pursuant to a recently submitted application. • The existing dwelling unit at the rear of the first floor of the building, which has a leaky roof and is in desperate need of modernizing, will be reconfigured and renovated, so it can once again be occupied by residents. • The interior character of the building will be remodeled from its present office configuration, into that of a more traditional victorian home, with furniture being displayed within living areas that are characteristic of a residence. B. 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. Conditional Use Application for Djuna Home Furnishings Page 4 1 0 0 Response: The character of the immediate vicinity is a mix of uses, including residences, lodges, offices, and commercial businesses. Historically, there have always been not just offices, but also commercial businesses along this portion of Main Street, including several locations that previously housed furniture stores. At the present time, other nearby commercial businesses nearby include The Willows of Aspen (florist), the Aspen Cyber Cafe (computer sales, service and training), and Earth Wireless (cellular telephone sales). The proposed conditional use will enhance the mix of complimentary uses in this neighborhood. It will add a residential -serving business to this area. Its impacts should be quite limited, since a furniture store is not a high volume customer business. ' C. 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, vibrations and odor on surrounding properties. Response: The location, size, design, and operating characteristics of the proposed furniture ' store are all intended to minimize adverse impacts, as follows: • Visual Impacts: The changes proposed to the exterior of the building are minimal. There will not be any changes along the Main Street frontage, except for the creation of a small patio along the east side of the building, using an existing concrete pad. This area will have a residential character. Along the Third Street frontage, the ' Applicant intends to demolish the existing carport. This will enable the parking that presently occurs in that area to be brought within the property boundaries. The carport is obviously not part of the historical character of the structure, and its removal will be a visual improvement to this historic landmark. Further, the two story element that will be created by the addition to the rear of the second floor will be more in scale with the historic front part of the house than is the existing flat -roof, one story element. • Pedestrian and Vehicular Circulation: No changes are planned to the sidewalks that surround the structure. As noted above, the existing parking will be brought within the property boundaries, which should be a benefit to circulation. The furniture store will generate fewer employees and customers than the existing office use (see response to standard E., below), which should actually result in a lessened traffic impact on the neighborhood from this use. • Parkin: At the present time, there are only two (2) parking spaces on the property. Both of these spaces encroach into the public right-of-way. The 2 spaces compare with the standard of the Aspen Land Use Regulations, that would require 5 spaces for the existing net leasable commercial space (1,797 sq. ft. @ 3 spaces per 1,000 sq. ft.) and 1 space for the dwelling unit. Conditional Use Application for Djuna Home Furnishings Page 5 1 rAs the site plan shows, the Applicant proposes to provide 3 spaces within the boundaries of the property. 2 spaces will be standard -sized automobile parking spaces, to replace the existing spaces that encroach into the right-of-way. During our pre -application conference staff informed us that since new commercial space and new dwelling units are not being developed on the property, the Applicant is not ' required to bring the property into full compliance with the standards of the Office zone district, as long as the existing non -conformity is not increased. The Applicant has complied with this direction. We would also point out that as demonstrated in response to standard E., below, the proposed furniture store will have fewer employees on -site than do the current offices. The existing office use consists of several separate office spaces whose occupants and clients use the on -site parking spaces and otherwise must park on the street. In comparison, the furniture store will have just two employees on site at any time, and will generate a relatively low volume of customer activity for a retail use. • Trash and Service Delivery: Trash service will occur off of the alley, as is the case today. Service delivery will also occur off of the alley, in the location designated on the site plan for this activity. We would note that the largest vehicle that would deliver goods to the store will be no larger than the size of a typical United Parcel Service truck, so there should be adequate room along the alley for this to occur. • Noise, Vibrations, and Odor: These impacts will not be present in a furniture store ' operation. D. There are adequate public 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: All of these services are available at this in -town location, and the impact of the proposed conditional use on these facilities should be minimal. E. The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use. Response: The building presently contains offices on all three floor. The first floor is occupied by a single business, while the second and third floors are leased together as a ' series of offices. According to Patrick McAllister, a lawyer who represents the owner of the building, there are 2 employees using the office on the first floor, while there are 3 employees using the offices on the second and third floors. The total of 5 employees compares favorably with the City's employee generation factors for such uses. The Code suggests that on average, offices generate 3 employees per 1,000 sq. ' Conditional Use Application for Djuna Home Furnishings Page 6 1 0 0 ' ft. of space. With approximately 1,800 square feet, net leasable, currently in office use, this would mean that 5.4 employees would be expected to be generated by this space. The proposed use will generate fewer employees than currently work on the site. Based on the Applicant's experience operating a furniture store in the Denver area, he has determined ' that he will be hiring no more than a total of 4 employees. There will be 2 employees operating the store at any time, and there will be two such pairs of employees to cover the hours during which the store will be open. The applicant would be willing to agree to submit documentation to the Housing Authority on an annual basis, demonstrating that the store complies with these representations. Since there will be no incremental increase in employees generated by this use as compared to the present use of the property, no affordable housing is required of this proposal. F. 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 proposal is otherwise in compliance with the Aspen Area Community Plan. and the Land Use Regulations. IV. VESTED RIGHTS Pursuant to Section 26.52.080 of the Aspen Municipal Code the Applicant here p p pp by requests that this development be granted vested rights status. V. CONCLUSION ' In summary, we have submitted all of the materials requested of us during our pre - application conference. We have responded to the applicable standards of the Aspen Land Use Regulations and have demonstrated our compliance with said standards. Should any reviewing agency request additional information, or need for us to clarify any of the statements made herein, we will respond in a timely manner. Please feel free to contact us ' as necessary. I Conditional Use Application for Djuna Home Furnishings Page 7 • j I ATTACHMENTS 1 1 J �5Ala F'1?nili COUN 'i i1111 F ATTACHMENT #1 Ni COMMITMENT FOR TITLE INSURANCE r SCHEDULE A 1. Effective Date: 09/25/97 at 08:30 A.M. Case No. PCT12302C2 2. Policy or Policies to be issued: ,a) ALTA Owners Policy -Form 1992 Amounts 1,000,000.oc Premium$ 1,172.00 Proposed Insured: Rate:RE-ISSUE RATE JOHN R. SEALS M.D. and CAROLYN SEALS �.b) ALTA Loar. Policy-Fcrm 1992 Amount$ 800,000.00 Premiums ^,o_o0 Proposed Insured: Rate:COMPANION ' NORitiEST RATTY CnLOR4nn, M . A , IT'S SUCCESSORS AND/OP. ASSIGNS [l fl 3. Title to the FEE SIMPLE estate or interest in the !End described or rc£errcd to in this Commitment is at the effective date hczYuL vested in: THANOR CO. A FLORIDA CORPORATION 4. The land referred to in this Uommicment is situated in the County of PITKIN, State of COLORADO and is described as follows: LOT K AND THE WEST 1K FEET OF LOT L, BLOCK 44, CITY AND TOWNSITE OF AS PEra . ' PITKIN COUNTY TTTT,7, TNC. 601 E. HOPKINS ASPEN, CO. 81611 171-115-1766 ' S70-925-6527 FAX AUTHORIZED AGENT 1 Schedule A-PG.1 This Commitment is invalid unieee the IncurinS Provisions and Schedules A and D a--e attached. I �y 1AI r l tr.i:ti .uui;; rwT The fulicwing are the requirements to be complied with: ITEM (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. ITEM (b) Proper instrument(s) creating the estate or interest tc be insured must be executed and duly filed for record to -wit: 1. Release by the Public Trustee of the, ' Deed of Trust from : THAMOR CO. A FLORIZ:A CORPORATION to the Public Trustee of the County of PITKIN for the use of A.jPINE BANK ASPEN original amount $145,0G0.00 dated April 17, 1995 recorded April 26, 1995 in Book 779 at Page 454 rer_ep-ion = . ; 3aO807 2. Deed from ; TI-ir'1MQR CO. A FLORIDA CORPORATION To JOHN R. SEALS M-D. and CAROLYN SEAS 3. Evidence satisfactory to the Company that THAMOR CO. is a duly existing and valid corporation existing pursuant to Lht-_ ldwt; vE the Stare of FLCRIDA, must be delivered to and approved by the Company. NOTE: Evidence satisfactory to the company as to the authority cf the person(s) executing the above document(s) must be provided, subject ' to any additional requirements deemed necessary. 4. Deed of Trust -rom : JOHN R. SEALS M.D. and CAROLYN SEALS to :he Public Trustee of the County of PITKIN for the use of THE LENDER TO BE INSURED HEREUNDER to Secure $800,000.00 ' 5. Evidence satisfactory to the Company that the Real Estate Transfer Tax as established by Ordinance No. 20 (Series of 1979) and Ordinance No. 13 (Series of 199W has been paid or exempted. 6. Certificate of nonforeign status executed by the transferor(s). (This instrumenr is not required to be recorded) fl fl 7. Completion of Form DR 1079 regarding the witrolding of Colorado Tax on The sale by certain persons, corporations and firms selling Real Propert.y in the State of Colorado. (This instrument is not required to be recorded; S. Evidence satisfactory to the Company that the Declaration of Sale, NuLiu(-_ Lu CuuiiLy Aare Dui dy r-equired by H.B. 1288 has been complied with_ (This instrument is not required to be recorded, but must be delivered to and retained by the Assessors Office in the county in which the property is situated) u�Kiu ri1, �.Q�14 FIIT • • .. ' SCHEDULE B SECTION 2 EXCEPTIONS The n,,licy or policies t:, be .issued will contain exceptions to the =cl=owing unless the same are disposed of to the satisfaction of the Cc;mpaiiy &ici;ts cr claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. s. -Iscrepancies, conflicts in boundary lines, shortage in area, encroachments, ' any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien; or right to a lien, for services, labor, or material heretofore nr hereafter furnished, imposed by law and not shover. by the public records. ' 5. Defects, liens, encumbrances, adverse claims or other mar.r.Pr.a; ;f any, created, first appearing in the public records or attaching subsequent to the effective date hereof but rrin- to the !late the proposed insured acquircc of record for value the estate or interest or mortgage thereon covered by this Commitment_ 6_ Taxes due and payable; and any tax, special assessment, charge or lien imposed ' for water or oowcr ocrvicc or for any other *pecial taxi,ly dihj-..Ll:t. Reacrvations and exceptions as set forth i:i tlit;! Deed from the city of Aspen recorded in gook 59 at Page 541 prcviding as follows: "That no title shall be hcrel-y &_quiLted Lv driy mine of gold, silver, cinnabar or copper or to any valid mining claim or possession held undo -itiy ldwe" . ' 6. Terms, conditions, provisicns, obligations and aii matters as set forth in Ordinance No. 60, Series of 1976 recorded DeC6mber 9, 1976 in Hook 321 at Page 51. ' 9. Terns, conditions, provisions, cbligations and all matters as set forth in Ordinance No. 3, Series of 1977 recorded March 15, 1977 in ' Book 325 at Page 942. This_commitment is inva_id unless the-nsurina PrcvisionG anr4 Schedules A and 3 are attached. Schedule B-Section 2 Commitment No. PCT12302C2 DEED OF TRUST ' (Colorado) 1. Grantor: John R. Beals Carolyn seals 724 N. Saint Mary's San Antonio, TX 78205 2. Beneficiary: NORWEST BANK COLORADO, NATIONAL ASSOCIATION ' 119 SOUTH MILL ASPEN, CO 81611 3. Trustee: The Public Trustee for the County In which the property Is located. ' 4. Property: The following land In PITKIN County, Colorado LOT K AND THE WEST 15 FEET OF LOT L, BLOCK 44 CITY AND TOWNSITE OF ASPEN. COUNTY OF PITKIN, STATE OF COLORADO 5. Obligations: (a) All Indebtedness evidenced and created by the following described promissory note (the "Note`) payable to the order of Beneficiary, and all renewals, extensions and amendments thereof and substitutions therefor. Date: January 16, 1998 Amount: $750,000.00 Plus Interest ' ^ Maturity Date: January 16, 1999 Maker (if other than Grantor): (b) future advances made by Beneficiary on or before the maturity date of the Note plus ' Interest thereon provided any required notice of right to rescind or cancel has been given; (c) all expenditures made or Incurred by beneficiary pursuant to the provisions of the Note and this deed of trust together with Interest thereon. (d) other: 6. Construction ' Mortgage: If checked here (__ this deed of trust secures an Indebtedness fo'r construction purposes as described In CRS (1973) section 4-9-313 I 1 THE GRANT, TERMS AND CONDITIONS BELOW AND ON THE REVERSE SIDE ARE A PART OF THIS DEED OF TRUST AND ARE HEREBY INCORPORATED INTO IT. Date: January 16, 1998 X Jo n Seals TRAC Y A. 1`11DICII X', a Notary PuNic, 6talo of Texas Attest: y x, WY Com"'isslon Expin:s Carolyn Seals 19 ♦' r C q Co owner, spouse or other clalmant of a right with respect to the real property described above Joins In granting the lien and waiver set forth In paragraph 13 of this deed of trust, but does not assume any liability for payment of the Note. Date: �•�•'{ � STATE OF eei=GP D(9- - ) ss. The foregoing Instrument was acknowledged before me this (13 day of 19 , by �Oh�j 1.�0I ojoLS (as President and I as a corporation). Secretary of ' Witness my hand and official seal. us saes ia.v. x/ecl My commission expires g_ � TRACY A. FREIICH Noury Public, Elate of Texas tAy commission Expiry • ATTACHMENT #2 • JOHN R. SEALS,, M.D. BOARD CERTIFIED IN ADULT AND CHILD NEUROLOGY ----------------------- TEXAS NEUROSCIENCES INSTITUTE 4410 MEDICAL DRIVE, SUITE 400 SAN ANTONIO, TEXAS 78229 (210) 615-2222 Mr. Mitch Haas, Planner City of Aspen 130 South Galena Street Aspen, Colorado 81611 RE: APPLICATION FOR CONDITIONAL USE Dear Mitch, We are the owners of the building located at 334 West Main Street in Aspen. Mr. Jeffrey Moore is a prospective lessee of the building. We hereby authorize Mr. Moore to submit those applications to your office that are necessary for him to be able to occupy the premises with his home furnishings store. Should you have any need to contact us during the course of your review of this application, please do so through Alan Richman Planning Services, who is Mr. Moore's representative for this application. Sincerely, C� �Carolvn and c John Seals U 4414 Medical Drive, Suite 400 San Antonio, Texas 78229 1 1 1 1 'rurnishingsfor • the cultivated ' ceremony of life � DJUNA 1 1 March 1, 1999 ' Mr. Mitch Haas, Planner City of Aspen 130 South Galena Street Aspen, CO 81611 ATTACHMENT #3 • IRE: APPLICATION FOR CONDITIONAL USE ' Dear Mr. Haas: I am the owner of DJUNA, a home furnishings store in Denver. It is my intention to locate ' a business within the City of Aspen. I hereby authorize Allen Richman Planning Services to act as the designated representative ofDjUNA Aspen for the land use application we are submitting to your office. Alan Richman is authorized to submit those applications ' necessary to convert the offices at 334 Main Street into a home furnishings store. He is also authorized to represent DjUNA Aspen in meetings with City of Aspen staff and the Aspen Planning and Zoning Commission. Should you have the need to contact me during the course of your review of this application and I am not available, please go through Allen Richman Planning Services. The address and telephone number are included in the land development application. Sincerely, ' Jeff e oore Managing Member Ll TWO TWENTY ONE DETROIT STREET • DENVER, COLORADO 80206 • PHONE 303 355-3500 FAX 303 355-1412 . ATTACHMEN* 11 1 1 CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY PLANNER: Mitch Haas, 920-5095 DATE: 3/16/99 PROJECT: D'Juna Furniture Store at 332 West Main Street --- Conditional Use Review and GMQS Exemption REPRESENTATIVE: Alan Richman Planning Services--- 920-1125 Charles Cunniffe Architects --- 925-5590 OWNER: Jeffrey Moore TYPE OF APPLICATION: Conditional Use Review for a furniture store in an historic landmark within the (0) Office Zone District; and, GMQS Exemptions for 1) the reconstruction of a demolished dwelling unit pursuant to Section 26.100.050(A)(2)(a)((2)), and 2) the change in use of an historic landmark pursuant to Section 26.102.040(A)(1)(b). DESCRIPTION: The applicant would like to remodel an existing historic landmark that contains offices and one dwelling unit (apartment). The remodel would entail converting the offices into a first and second story furniture store and relocating the apartment to an alternative location within the structure (the third floor). Furniture stores in historic landmarks are a conditional use in the (0) Office zone district, and therefore, require approval from the Planning and Zoning Commission at a duly noticed public hearing. Moving the apartment is considered demolition and reconstruction, and this requires a GMQS Exemption from the Community Development Director. Similarly, the enlargement of an historic landmark intended to be used as commercial development which: 1) does not increase the building's existing floor area ratio or its net leasable square footage, or 2) does increase the building's existing floor area ratio or net leasable square footage (but not both), or 3) changes the building's use but does not increase its existing floor area ratio shall be exempted from the GMQS scoring and competition procedures by the Community Development Director. Any exterior alterations will require approval from the Historic Preservation Commission, as explained in the letter from Amy Guthrie (under separate cover). Applicable Land Use Code Section(s) Chapter 26.60, Conditional Uses; Section 26.28.180, Office (0) Zone District; Section 26.100.050(A)(2)(a)((2)), Residential GMQS Exemptions by the Community Development Director; and, Section 26.102.040(A)(1)(b), Commercial/Office GMQS Exemptions by the Community Development Director. Also see: Chapter 26.72, Development Involving the Inventory of Historic Sites and Structures; Chapter 26.36, Signs; Chapter 26.44, Park Development Impact Fee; 26.40.080(B), Lights; and, Chapter 26.52, Common Development Review Procedures. • • Review by: Community Development Department, the Historic Preservation Commission, and the ' City of Aspen Planning and Zoning Commission. Public Hearing: Yes, the conditional use review requires a public hearing, and the notice requirements outlined in Chapter 26.52 (publication, posting and mailing) will have to be followed. Referral Agencies: Engineering, Parks, Zoning, Housing, Fire Marshal, Water, Streets, Electric, ACSD, Building, and Historic Preservation Officer. ' Planning Fees: Planning Minor Deposit ($1,110) --- this covers up to six hours of planning staff time; additional hours spent will be billed at a rate of $185/hour; likewise, if fewer than six hours are spent, the remainder of the deposit shall be refunded. 'Referral Agency Fees: Engineering, Minor ($160), Housing ($160). Total Deposit: $1,430. 'To apply, submit the following information: (Also see Section 26.52.030, Application and Fees) 1. Proof of ownership 2. Signed fee agreement ' 3. Applicant's name, address and telephone number in a letter signed by the applicant which states the name, address and telephone number of the representative authorized to act on behalf of the applicant. ' 4. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 5. Total deposit for review of the application ' 6. 35 Copies of the complete application packet and maps (includes HPC copies, 23 if keeping applications separate). HPC = 12, PZ = 10; GMC = PZ+S; CC = 7; Referral Agencies = 1 /ea.; Planning Staff = 2 7. An 8 ''/2" by 11" vicinity map locating the parcel within the City of Aspen. 8. Site improvement survey including topography and vegetation showing the current status, including all easements and vacated rights of way, of the parcel certified by a registered land surveyor, licensed in the ' state of Colorado. (This requirement, or any part thereof, may be waived by the Community Development Department if the project is determined not to warrant a survey document.) 9. A written description of the proposal and an explanation in written, graphic, or model form describing how ' the proposed development complies with each and every review standard relevant to the development application. Please include and clearly indicate existing conditions as well as proposed. ' 10. List of the names and addresses of all adjacent property owners within 300', exclusive of public rights -of - way, for public hearings. 11. Copies of prior approvals. 12. All other materials required pursuant to the submittal requirements packets. In the event that you should have any questions regarding the foregoing, please do not hesitate to contact Mitch Haas of the Community Development Department at 920-5095 or by email at mitchh@ci.aspen.co.us. The foregoing summary is advisory only and is not binding on the City. The opinions contained herein are based on current zoning and regulations, which are subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not, in any way, create a legal or vested right. 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I4U3 MFT UPPER LEVEL AM92 51". W92 MFT. ATTC LEVEL SJ06 sail. 5306 SOFT. TOTALS. -1599 Sa FT.- 2M4 MF7 PROFOSEO LOWER LEVEL ?M5 Sall. 0 ENTRY LEVEL NWA Sa FT. 14W SaFI, UPPER LEVEL 12W MFT. mu MFT. ATTC LEVEL 51OB Mir, 5 M MFT. TOTALS. JB9L1 MFT. 3ftg MFT.•/- -MArAWY A 13WAStl AOOEO FAR FOR HPC OWN OEVELO°YENI LS 25W SCLFT. PROPOSED AOMO FM •9S5 SELF T- �� MET LEASABLE AREA EXISTING ATTIC 4 '/.•• - r-o- PROPOSED ATTIC E7ISrw PROPOSED ENfRT LEVEL &-x MFT. ENTRY LEVEL Aow MFT. UPPER LEVEL 92D MFT. UPPER LEVEL 5ND MfT. ATTC LEVEL 460D MFr. OTC LEVEL OD MFr. _ TOTALS O97D SO-fr. AGED MFT- PORN SWAM FQ0rAOE FRONT Z326 Safr. BACK 490 Sa FT. TOTALS: MOS MFT.- PER MaJO PO" AREA S NOT APPLIED TO FAR ALLOWABLE FAR -- -LOT SIZE -.= MF7.I 73 • SJTS SOFT. u V oLav� FAt/ -_ noLa SHEET NO. FAR WT Lx T."m ""a On" /OwKw L1,.1 K F— U) I ALPINE 5URVEY51 INC. I II A L L E Y SET FOUND: REBARW/ ALU. CAP REBAR W/ PLAS. CAP >1 S75009� 1 I"E 45.00 96.3x NO NUMBER L S 9184 FIEL S75 01 33 E 44.97 214 CAR PORT rn ; Iri 5.8 Q.7c Im / 5.6 ai 9ti i 8.6 NEW PAD I ekb I CONC. PAD ' o I TWO STORY/ oGAS n o METERS VICTORIAN L O _I 711 /1.5 0 4.51 /� 1.2 — 0.5 I m W -4.4r' SO Chi V I L._. 't In -0� / //:j i o 0 992 z L TOM / rj 0.5 ELEV. LO 00 I -7.7=- N WOODEN PORCH '0 1.3 -.. 18.2 0.5 1.6 I(!1 a w. IUt.G lt1 Y 3 m W N K WI/2 L BLK.:°; 44 ))FOUND:Y MONUMENT N750091 IW 45.00 LEY. =157 1 M A I N .q x S T R E SUKVEYED: 14 JUNE 1979 PB noACTCn. In iwir ���'. _ FOUND: REBAR W/O CAP ELEV. = 97-2 % 5 E T SURVE.YOR'S CF-KTI FIC^TF- 1, JAME5 F 5E 7 HE1-EU'r GEK-I1FriTHAT ON AIDIL G/ IGi�Iq I 'f✓Ar:pF A VI�jUAL IN�I'EG _ION OFTHE ft;�-OPE12� SHGWN HEREON AND FOUIJD NO C-HANGES EXCEPT A5 SI 7WI�I f lt� NOTED HE1 fJN ALPINE e��vEY�; Imo, �Y' --------------- ------------------ �JrNvIES- D'L-TE------------------ NOTE PITKIN CAN TY TITLE., INC. C)CMMUMENT C-A5E NO, IPGT 12302 C2 WA. D USE.p IN THE OF TI-Ir�, 0 5 10 20 30 40 50 FT. SCALE: I"= 10' BASIS OF BEARING! FOUND CITY MONUMENT SW CORNERBLK.44 TO FOUND REBAR NO CAP AT THESE COR. OF THEW 1/2 LOT L BLK.44 SURVEYOR IS CERTIFICATE I HEREBY CERTIFY THAT THIS MAP ACCURATELY DEPICTS A SURVEY MADE UNDER MY SUPERVISION ON JUNE 14,1979, OF LOT K AND THE WEST 1/2 OF LOT L. BLOCK 44, CITY OF ASPEN, COLORADO. 11-.10 ALPINE SURVEYS by: JAMES F. RESER JUNE 19 , 1979 L.S.9184 5URVEYOK5 CERT(PICATE I HEIZE5�( LI:RTIF%'TWAT ON NOVEHE)ER 17, 1917, A VISUAL INSPECTION W?.S MADE UNDER M&I 1jUPEKVI510N OF THF- PROPI✓RT'T ',,HOWN HF-REON t NO C4�c• , WrP-E FOUND E•/X'—'EPT iA5 '-HOWN I,-' ?NOTED HEr-FOW . ALf'lNF 5UlZVETS, 1Nc. �`('. DATE NOTE PITKIN COUNTY TITLE, INC. CASE No. PCT- 12602G2 WA5 USED IN THE F KEPARATION OF TH15 SURVEY E; U.�_ v- I v V In V L I J 1 Aspen , Colorado 81611 REVISIONS: 5 JUNE t 191 17�. LOT K & WI/2 LOT L G JuNE 199BLOCK 44 2-1- NOV 1997UPDATE CITY OF ASPEN, COLORADO a 3 0 3.9 2 5.2 6 8 8 16 WA-f- I -rl -1 U PPATF- I JOB NO.: 79- 99 -4 CLIENT: I SHEET NO.: 1 of I 0 • CASE NUMBER PARCEL ID # CASE NAME PROJECT ADDRESS PLANNER CASE TYPE OWNER/APPLICANT REPRESENTATIVE DATE OF FINAL ACTION CITY COUNCIL ACTION PZ ACTION ADMIN ACTION BOA ACTION DATE CLOSED BY A049-01 2735-124-41007 332 W. Main St. Change in Use 332 W. Main Steve Clay Change in Use John Seals Harry Teague Architects 11 /26/01 App. Withdrawn 11 /26/01 J. Lindt E] PARCEL I : 2735-124-41007 5/4/01 ,cast NUjAu4V-U1 CASE NAM, 332 W. Main St. Change in Use c PROD ADDR: 332 W. Main AS P: Change in Use EPS:r OWN/APP: John Seals ADR 4410 Medical Drive, # C/S/Z: San Antonio/TX/782 PHN: REP: Harry Teague Architects ADR: 412 N. Mill St. C/S/Z: Aspen/CO/81611 PHN 925-2556 FEES DUE: 500 D FEES RCVD: Need Fee _ STATJ REFERRALS R BY MTG DATE EV BODY APH�!!JIGg DATE OF FINAL ACTION: CITY COUNCIL: REMARKS PZ. BOA: CLOSED• 0,1Y• IC DRAC• PLAT SUBMITD: PLAT (BK,PG):� ADMIN. soa.b6,k wll 1 James Lindt Community Development Department 130 South Gelena Street Aspen, CO 81611 RE: Change In Use 332 W. Main Street Aspen, CO CC: Dr. & Mrs. John Seals 26 November 2001 Dear James Lindt: Dr. & Mrs. John Seals are would like to withdraw their application for a Change in Use for the property located at 332 West Main Street Aspen, CO. I apologize for any inconvenience. Regards, Jason A. LaPointe HTA MEMORANDUM TO: Julie Ann Woods, Community Development Director THRU: Joyce Ohlson, Deputy Director jk� FROM: Steve Clay, Planner RE: 332 W. Main, Historic Landmark Change in Use, GMQS Exemption by Community Development Director DATE: July 2, 2001 Applicant John Seals Agent Harry Teague Architects Location 332 W. Main St. (Corner of 3`d and W. Main) Zoning Office r� Summary The applicant is requesting a GMQS exemption for their property ocated at 332 West Main Street, Aspen Colorado. The property is currently listed as istoric Landmark in the Historic District with an office use. The applicant would like to return the property back to its original residential use. The applicant currently resides in San Antonio and is planning to move to Aspen after the renovation of the property is complete. Review Procedure An insubstantial change in use for historic landmarks may be approved by the Community Development Director, Pursuant to Section 26.470.070 (D), which states: The change of use of an historic landmark that does not increase the building's existing floor area ratio shall be exempt. This exemption shall not be deducted from the respective annual development allotments or from the Aspen Metro Area development ceilings. Exemption review is by the Community Development Director. fla Staff Comments On January 10'', 2001 the Aspen Historic Preservation Commission reviewed an application for the renovation and addition to this residence located at 332 West Main Street. The specific land use requests included: 1. Partial demolition of the front porch and small addition in the rear. 2. Construction of a new addition in the rear. 3. 500 square foot FAR bonus. 4. Setback variances for the property located on Lot K and the west half of Lot L, Block 44, City and Town Site of Aspen. The Aspen Historic Preservation Commission approved the request for Conceptual Review, with conditions, on the 10"' day of January 2001 as documented in Resolution No. 3, Series of 2001. See attached Exhibit A. LA) k,, J-� 15� V_%� 6 � e Detached residential dwellings and multifamily dwellings are permitted uses in the Office cd e' Zone District. The subject property will be used as a single-family dwelling. j Recommendation i�j' l Staff recommends the Community Development Director approve this change in use exemption from GMQS for the Historic Landmark with the following conditions: 7 1) That the building's floor area does not exceed 3,320 sq. ft. as approved by the! HPC in Resolution No. 3, Series of 2001. } _r k< , - 2) The applicant shall have this approval document recorded with the Pitkin County Clerk and Recorder and a copy of which shall be provided to the Community Development Department for inclusion in the case file. Approval: I hereby approve, with the conditions as noted above, this Insubstantial Historic Landmark Change in Use from office to residential for the property located at 332 W Main Street, Aspen, Colorado. Julie Ann Woods, Community Development Director Attachment A - Resolution No. 3, Series of 2001 Date 2 R � • RESOLUTION NO.3, . SERIES OF 2001 RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION APPROVING A 1) RESTORATION OF FRONT PORCH, 2) PARTIAL DEMOLITION OF SECOND ADDITION IN THE REAR, 3) CONSTRUCTION OF A NEW ADDITION IN THE REAR, 4) 500 SQUARE FOOT FAR BONUS, AND 5) SETBACK VARIANCES FOR A PROPERTY LOCATED AT 332 W. MAIN ON LOT K AND WEST HALF OF LOT L, BLOCK 44, CITY AND TOWNSITE OF ASPEN, COLORADO Parcel ID: 2735-124-41-007 WHEREAS, the applicant, John and Carolyn Seals, represented by Harry Teague Architects, is requesting Conceptual Review for the renovation and addition to a residence located at 332 West Main Street. Specific land use requests include a 1) restoration of the front porch, 2) partial demolition of the second addition in the rear, 3) construction of a new addition in the rear, 4) 500 square foot FAR bonus, and 5) setback variances for a property located on Lot K and west half of Lot L, Block 44, City and Townsite of Aspen. WHEREAS, the property is currently listed as a Historic Landmark on the City of Aspen's Inventory of Historical Sites and Structures; and WHEREAS, in a staff report dated January IOth, 2001, the Community Development Department determined the application for a 1) restoration of the front porch, 2) partial demolition of the second addition in the rear, 3) construction of a new addition in the rear, 4) 500 square foot FAR bonus, and 5) setback variances for a property located on Lot K and west half of Lot L, Block 44, City and Townsite of Aspen. met the applicable review standards, and recommended approval with conditions; and WHEREAS, at a public hearing, which was legally noticed and held at a regular meeting of the Historic Preservation Commission on January 1 Oth , 2001, at which time the HPC considered and found the application to meet the review standards, and approved the 1) restoration of the front porch, 2) partial demolition of the second addition in the rear, 3) construction of a new addition in the rear, 4) 500 square foot FAR bonus, and 5) setback variances for a property located on Lot K and west half of Lot L, Block 44, City and Townsite of Aspen with conditions by a vote of five to one (5 to 1). NOW, THEREFORE, BE IT RESOLVED: That the Aspen Historic ' Preservation Commission approve the requests for 1) restoration of the front porch, 2) partial demolition of the second addition in the rear, 3) construction of a new addition in the rear, 4) 500 square foot FAR bonus, and 5) setback variances for a property located on Lot K and west half of Lot L, Block 44, City and Townsite of Aspen, with the following conditions: _ 1. The schematic design shown on the site plan presented to HPC is in no way approved or endorsed by the HPC. Any further development for the historic structure shall be subject to further review as required by Section 26.415 of the Aspen Land Use Code; 2. That the HPC herein and pursuant to this Resolution, grants the applicant approval for a five (5) foot rear yard setback variance and to maintain the 6 foot 8 inch side yard setback; 3. That the Historic Preservation Commission grants approval to the applicants for a 500 square foot FAR bonus; 4. That the applicant shall submit a demolition plan, as part of the building permit plan set, indicating exactly what areas of the historic house are to be removed as part of the renovation; 5. That the applicant shall submit a preservation plan, as part of the building permit plan set, indicating how the existing materials, which are to be retained, will be restored. The requirement is to retain/repair all original materials and replicate only those that are determined by HPC staff and monitor to be beyond salvage; 6. That no elements are to be added to the historic house that did not previously exist outside of approval granted by the HPC and no existing exterior materials other than what has been specifically approved herein may be removed without the approval of staff and monitor; 7. That the HPC staff and monitor must approve the type and location of all exterior lighting fixtures; 8. That there shall be no deviations from the exterior elevations as approved without first being reviewed and approved by HPC staff and monitor; 9. That the preservation plan described above, as well as the conditions of approval will be required to be printed on the cover sheet of the building permit plan set and all other prints made for the purpose of construction; 10. That the applicant shall be required to provide the contractor with copies of the HPC Resolution applicable to this project. The contractor must submit a letter addressed to HPC staff as part of the building permit application indicating that all conditions of approval are known and understood and must meet with the Historic Preservation Officer prior to applying for the building permit; 11. That the General Contractor and/or Superintendent shall be required to obtain a specialty license in historic preservation prior to receiving a building permit; 12. That all representations made by the applicant in the application and during public meetings with the Historic Preservation Commission shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions; 13. That the applicant agrees that any restoration has to comply to the UCBC 1997 version; 14. That the applicant shall not track mud onto City streets during demolition. A washed rock or other style mud rack must be installed during construction as a requirement of the City of Aspen Streets Department; and 15. That the applicant agrees that prior to issuance of a Certificate of Occupancy, the applicant shall sign a sidewalk, curb and gutter construction agreement (if applicable) and pay the applicable recording fees; 16. That the applicant will provide the Community Development Department and HPC with an agreement regarding actions taken to mitigate for any potential impacts to tress on the site as a result of this land use request with the City of Aspen Parks Department prior to Final Review before HPC; 17. That the applicant shall restudy the setback of the proposed new addition wall as it connect to the main structure of the original house; 18. That the applicant shall comply with the Universal Conservation Building Code; 19. That the HPC does not approve the proposed glass infill between the vertical wood strips proposed above the second story window on the south elevation. In addition, the applicant shall restore the window on the south elevation (Main Street side) to its original configuration and design referring to older pictoral evidence. APPROVED BY THE COMMISSION at its regular meeting on the loth day of January, 2001. Approved as to Form: CD:4 l -L David Hoefer, AssistantjCity Attorney • 0 ATTEST: HISTORIC PRESERVATION COMMISSION Kathy 9trickland, Deputy City Clerk CAMy Documents\Current CasesWC\332 West Main Street Conceptual\332 West Main Conceptual Memo.doc • HARRY TEAGUE ARCHITECTS 412 north mill aspen co 81611 t 970 925 2556 Fred Jarman, Planner for the City of Aspen Community Development Department 130 South Gelena Street Aspen, CO 81611 RE: Change In Use 332 W. Main Street Aspen, CO CC: Dr. & Mrs. John Seals 01 May 2001 Dear Fred Jarman: �•nWED MAY 0,9 pool pp��u�A -*Efy i PITK►N f 970 92Y'WINI1UflR ti fOm In accordance to chapter 26, section 470.070(D) Historic landmarks, of the Aspen Municipal code, Dr. & Mrs. John Seals are requesting a change in use of their property located at 332 West Main Street, Aspen Colorado. The property is currently listed on the Historic register with an office use. We would like to return the property back to its original residential use. Dr. & Mrs. John Seals currently reside in San Antonio, though are planning to move to Aspen after the renovation of the 332 West Main Street property is completed. Regards, Jason A. LaPointe HTA A RESOLUTION NO.3, SERIES OF 2001 RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION APPROVING A 1) RESTORATION OF FRONT PORCH, 2) PARTIAL DEMOLITION OF SECOND ADDITION IN THE REAR, 3) CONSTRUCTION OF A NEW ADDITION IN THE REAR, 4) 500 SQUARE FOOT FAR BONUS, AND 5) SETBACK VARIANCES FOR A PROPERTY LOCATED AT 332 W. MAIN ON LOT K AND WEST HALF OF LOT L, BLOCK 44, CITY AND TOWNSITE OF ASPEN, COLORADO Parcel ID: 2735-124-41-007 WHEREAS, the applicant, John and Carolyn Seals, represented by Harry Teague Architects, is requesting Conceptual Review for the renovation and addition to a residence located at 332 West Main Street. Specific land use requests include a 1) restoration of the front porch, 2) partial demolition of the second addition in the rear, 3) construction of a new addition in the rear, 4) 500 square foot FAR bonus, and 5) setback variances for a property located on Lot K and west half of Lot L, Block 44, City and Townsite of Aspen. WHEREAS, the property is currently listed as a Historic Landmark on the City of Aspen's Inventory of Historical Sites and Structures; and WHEREAS, in a staff report dated January 10t', 2001, the Community Development Department determined the application for a 1) restoration of the front porch, 2) partial demolition of the second addition in the rear, 3) construction of a new addition in the rear, 4) 500 square foot FAR bonus, and 5) setback variances for a property located on Lot K and west half of Lot L, Block 44, City and Townsite of Aspen. met the applicable review standards, and recommended approval with conditions; and WHEREAS, at a public hearing, which was legally noticed and held at a regular meeting of the Historic Preservation Commission on January 10t' , 2001, at which time the HPC considered and found the application to meet the review standards, and approved the 1) restoration of the front porch, 2) partial demolition of the second addition in the rear, 3) construction of a new addition in the rear, 4) 500 square foot FAR bonus, and 5) setback variances for a property located on Lot K and west half of Lot L, Block 44, City and Townsite of Aspen with conditions by a vote of five to one (5 to 1). NOW, THEREFORE, BE IT RESOLVED: That the Aspen Historic Preservation Commission approve the requests for 1) restoration of the front porch, 2) partial demolition of the second addition in the rear, 3) construction of a new addition in the rear, 4) 500 square foot FAR bonus, and 5) setback variances for a property located on Lot K and west half of Lot L, Block 44, City and Townsite of Aspen, with the following conditions: .:. �'.2.21Z&L':&ia-:..Y.d:::in+::......riai a 1. The schematic design shown on the site plan presented to HPC is in no way approved or endorsed by the HPC. Any further development for the historic structure shall be subject to further review as required by Section 26.415 of the Aspen Land Use Code; 2. That the HPC herein and pursuant to this Resolution, grants the applicant approval for a five (5) foot rear yard setback variance and to maintain the 6 foot 8 inch side yard setback; 3. That the Historic Preservation Commission grants approval to the applicants for a 500 square foot FAR bonus; 4. That the applicant shall submit a demolition plan, as part of the building permit plan set, indicating exactly what areas of the historic house are to be removed as part of the renovation; 5. That the applicant shall submit a preservation plan, as part of the building permit plan set, indicating how the existing materials, which are to be retained, will be restored. The requirement is to retain/repair all original materials and replicate only those that are determined by HPC staff and monitor to be beyond salvage; 6. That no elements are to be added to the historic house that did not previously exist outside of approval granted by the HPC and no existing exterior materials other than what has been specifically approved herein may be removed without the approval of staff and monitor; 7. That the HPC staff and monitor must approve the type and location of all exterior lighting fixtures; 8. That there shall be no deviations from the exterior elevations as approved without first being reviewed and approved by HPC staff and monitor; 9. That the preservation plan described above, as well as the conditions of approval will be required to be printed on the cover sheet of the building permit plan set and all other prints made for the purpose of construction; 10. That the applicant shall be required to provide the contractor with copies of the HPC Resolution applicable to this project. The contractor must submit a letter addressed to HPC staff as part of the building permit application indicating that all conditions of approval are known and understood and must meet with the Historic Preservation Officer prior to applying for the building permit; 11. That the General Contractor and/or Superintendent shall be required to obtain a specialty license in historic preservation prior to receiving a building permit; .. - . . ..- : .._..i.i:,....::...�e..:S�:..:u:::it`er`.:ia"eiSr'S.",..�`^..'.-aa a..:'iX3..t-:-e...._..,_vstii��-r......,?-..�..: �: � ,ors:;>1::::b"i=•v.�Lxi?V95iil:i��i. i - � re��"% _..n. 4�,.i:°=• s.��r."� 12. That all representations made by the applicant in the application and during public meetings with the Historic Preservation Commission shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions; 13. That the applicant agrees that any restoration has to comply to the UCBC 1997 version; 14. That the applicant shall not track mud onto City streets during demolition. A washed rock or other style mud rack must be installed during construction as a requirement of the City of Aspen Streets Department; and 15. That the applicant agrees that prior to issuance of a Certificate of Occupancy, the applicant shall sign a sidewalk, curb and gutter construction agreement (if applicable) and pay the applicable recording fees; 16. That the applicant will provide the Community Development Department and HPC with an agreement regarding actions taken to mitigate for any potential impacts to tress on the site as a result of this land use request with the City of Aspen Parks Department prior to Final Review before HPC; 17. That the applicant shall restudy the setback of the proposed new addition wall as it connect to the main structure of the original house; 18. That the applicant shall comply with the Universal Conservation Building Code; 19. That the HPC does not approve the proposed glass infill between the vertical wood strips proposed above the second story window on the south elevation. In addition, the applicant shall restore the window on the south elevation (Main Street side) to its original configuration and design referring to older pictoral evidence. APPROVED BY THE COMMISSION at its regular meeting on the loth day of January, 2001. Approved as to Form: CD�4 I -L David Hoefer, AssistantjCity Attorney • • ATTEST: HISTORIC PRESERVATION COMMISSION Kathy 9trickland, Deputy City Clerk CAMy Documents\Cuffcnt CascsWC\332 West Main Street Conceptual\332 West Main Conceptual Merno.doc