HomeMy WebLinkAboutcoa.lu.ca.706 W Main St.A42-92
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CASELOAD SUMMARY SHEET
City of Aspen
DATE RECEIVED: 5 /19/92 PARCEL ID AND CASE NO.
DATE COMPLETE: ;1735 -I)'I-t./S' -00$ A42-92 J~/YI
STAFF MEMJilER: LL J~ .,...
PROJECT NAME: As en Anti e Brokers Ltd. 'A--fJ, -I'Y/I ~
project Address: 706 Main st. As en CO 816 1 ;~
Legal Address: Lot & W. 20 ft. of Lot R. Block 18 As
APPLICANT: B. Joseph & Susan S. Krabacher
Applicant Address: 706 W. Main st.. Aspen. CO 925-7818
REPRESENTATIVE: B. Joseph Krabacher
Representative Address/Phone: 201 North Mill st. Suite 201
Aspen. CO 81611 925-6300
;;;;~-;~;~;~======$===~==========#=~;;;=;;~;~;;~===~=2i====
ENGINEER $ # PLATS RECEIVED 0
HOUSING $
ENV. HEALTH $
TOTAL $
PAID: (YES) NO AMOUNT: $ 0
NO. OF COPIES RECEIVED 1/0
TYPE OF APPLICATION: 1 STEP: X 2 STEP:
P&Z Meeting Datej-! +} q <Q PUBLIC HEARING: YES NO
VESTED RIGHTS:
CC Meeting Date
YES NO
YES NO
YES NO
Paid:
Date:
PUBLIC HEARING:
VESTED RIGHTS:
Planning Director Approval:
Insubstantial Amendment or Exemption:
---------------------------------------------------------------
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REFERRALS:
city Attorney Mtn Bell School District
city Engineer Parks Dept. Rocky Mtn NatGas
Housing Dir. Holy Cross State HwyDept(GW)
Aspen Water Fire Marshall State HwyDept(GJ)
City Electric Bldg Inspector " )J)/?
Envir.Hlth. Roaring Fork ~ Other~
Aspen Con.S.D. Energy Center Clean Air Board
DATE REFERRED: !o-{-1J----- INITIALS: ~
;~;~~=;~;;~;~~================~~;;=;~;;;~~=~77074=3=~;~;~~~~=~q;
___ CitY.Atty ~ City En~An~r ___Zoning ___Env. Health
___ Hous1ng ~ other:~~~
FILE STATUS AND LOCATION:
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MEMORANDUM
FROM:
Mayor and city Council
Amy Margerum, City Manager
Diane Moore, city Planning
Leslie Lamontl Planning
Direc-@
TO:
THRU:
THRU:
DATE:
October 13, 1992
Text Amendments - Office Mixed-Use and GMQS Exemption for
Historic Landmark, Second Reading Ordinance 60, Series
of 1992
--
RE:
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SUMMARY: Staff is proposing a text amendment to the Permitted Use
section in the Office zone district and another text amendment to
GMQS Exemptions for'Historic Landmarks.
The proposed: text amendments are as follows:
~
* to create an' additional incentive for mixed-use in an
Historic Landmark in the Office zone district; and
,* to permit a mixed-use development, including a free market
residential unit, within one structure in the Office ,zone
district; and
* to allow an'expansion of an Historic Landmark which adds
either a commercial, office or lodge unit and an attached
residential dwelling unit exempt from GMQS competition but
subject to mitigation for growth impacts.
The proposed text amendments (new language is in bold) are found
at the end of this memo.
PREVIOUS ACTION: The Planning- and Zoning Commission reviewed the
proposed text amendments at their July 7, 1992 meeting andlhaving
revised the proposed language, recommend to Council approval of the
text amendments.
council approved first reading of Ordinance 60, Series of 1992 at
the September 141 1992 meeting.
'; BACKGROUND: Creative incentives have long been utilized inl,ispen,
"for historic landmarks I beginning with GMQS Exemptions when Growth
Management was originally designed in, the mid 70' s. Aspen I s
package of incentives is well regarded throughout COlorado, and has
been promoted by the National Trust for Historic preservation in
a recent publication. The proposed text amendments expand
innovative solutions to historic landmarks even further I and meets
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the long-term goals of the City, HPC, and draft Aspen Area
Community Plan.' "
In addition the proposed amendments are consistent with existing
City policy to exempt desi:.:ed development from the GMQS competition
process but to still require growth to mitigate it's impacts.
The proposed text amendments are a way to fix a deficiency found
in the Main street Historic District, zoned primarily "Office".
When the district was formed, in 1975, the goal was to allow
adaptive uses within historic structures, which are primarily
residential in nature. Multi-use, within one structure is
compatible with the goals of the Main street Historic District and
general goalS of the Aspen Area community Plan. The text
amendments simply clean up and. permit a,multi-use to occur, which
involves-a, dwelling. unit;.-, '"
CURRENT ISSUES:
I. Existing Land Use Code - CUrrently, the Office zone district
allows the foilowing permitted. uses:
1. Detached resid.ential dwellings and mUlti-family
dwellinqs;
2. Professional business offices;
3. Accessory residential dwellings restricted to
affordable housing guidelines;
4. Home occupations;
5. Group homes;
6. Accessory buildings and uses; and
7. Dormitory.
A mixed-use proposal that includes a free market dwelling unit and
a commercial or lodge use that is not ','accessory" to the primary
use or is' not considered a "home occupation" is not permitted
within this zone district within one structure. A detached
dwelling unit however, would be permitted on a landmarked parcel
with an existing office/commerical or lodge use.
In addition I the Land Use Code allows the enlargement of an
Historic Landmark to be used as acommerical or office development.
,However, the Code currently does not allow the enlargement of a
historic landmark to be intended for mixed-use commericall office
or lodge development and an attached residential dwelling unit.
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II. Problem - Staff realized this deficiency in the Code when Joe
and Susan Krabacher approached the Planning Department to finalize
their development plans. They proposed to add a residential
dwelling unit onto their Main street store, the Aspen Antique
Brokers Ltd., which' is a Historiq Landmark. In 1989, the
Krabachersreceived a conditional use appro~al for an antique
retail business in a Hi,storic Landmark and a GMQS Exemption for the
change in use from a 3 bedroom residential dwelling unit to a
commercial use. At the time of approval the Krabachers discussed,
with the connnission,expandingthe building by adding a residential
unit. A condition ,of approval required future review pursuant to
section 8-104, Exemption by Commission.
Presently, the antique store is approximately 1700 square feet, 400
of which is the Krabacher's residence. Staff cannot make the
finding that expanding the building by another 1600 square feet for
a--free market dwelling~unit-represents', either ,an "accessory use''-',
to the retail business or that the retail business is a "home
occupation".
In addition, it is staff's interpretation that the conversion of
the dwelling unit to the Antique store pursuant to section 8-104
A.b.(4)1 "the change in use of an historic landmark which does not
increase the l:>uilding's existing floor area ratio,'" is a one time
exemption from the GMQS process. In other words,'"the parcel had
one development right for a free market dwelling unit but it was
eliminated with the change in use thus requiring competition for
any new free market res~dential development.
III. proposal - Because of the incentive nature of the Historic
Preservation program, staff is reluctant to require a GMQS
competition process for an additional free market unit. However,
mitigation for growth impacts associated with free market
development should be required. Additionally, mixed-use proposals
are appropriate in the Office zone district and adaptive re-use
should be encouraged for historic structures.
Therefore, as a result of working with the Krabachers on the
expansion of their Historic Landmark, staff recommends the proposed
text amendments to encourage mixed-use projects in the Office zone
district and to allow an expansion of an Historic Landmark for
mixed-use ~urposes exempt from the GMQS proqess while mitigating
for impacts.
Following are the proposed text changes (bold indicates proposed
language):
I. 'I'hat Article 51 Division 2, section 24-5-213.B of the Municipal.
Code shall be amended to read as follows:
section 5-213
Office (0)
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B. Permitted uses. The following uses are permitted as of
right in the Office (0) zone district.
8. A mixed-use building(s) comprised of (i) a
residential dwelling unit; and (ii) permitted and
conditional uses in the Office (0) zone district;
provided any such conditional use shall be permitted
subject to the standards and procedures established
in Article 7, Division 3.
II. That Article 8, Section 24-8~104.B.1.c of the Municipal Code
shall be amended to read as follows:
c. Historic landmark. The enlargement of an historic
landmark intended to be used as, a commercial or
office development which increase the building' s
''"existing .^,f,loor area"ratio.^-4l;ld ~'-it;s ,_,net leasable",,-,
square footage. The enlargement of an historic
landmark which develops more than one (1)
residential dwelling or three (3) hotel, motel,
lodge, bed and breakfast, boardinghouse I
roominghouse or dormitory units. The enlargement
of an historic landmark intended for mixed-use as
a commercial, office or lodge development and
attached residential dwelling unit, which increases
the building's or parcel's existing floor area
ratio, its net leasable square footage and adds an
attached residential dwelling unit.
The applicant shall demonstrate that as a result of
the development, mitigation of the, project's
community impacts will be addressed as follows:'
(1) For an enlargement at the maximum floor area
permitted under the external floor area ratio for
the applicable zone district (excluding any bonus
floor area permitted by special review), the
applicant shall provide affordable housing at one
hundred (100) percent of the level which would meet
the threshold required in section 8-106 for the
applicable use. For each one (1) ,percent reduction
in floor area below the maximum permitted under the
external floor area ratio for the applicable zone
district (excluding any bonus floor area permitted
by special review) " the affordable housing
requirement shall be reduced by one (1) percent.
The applicant shall place a restriction on the
property, to the satisfaction of the city attorney,
requiring that if, in the future additional floor
area is requested I the owner shall provide
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(2)
(3)
(4)
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affordable housing impact mitig.ation at the then
current standards. '
Any affordable housing provided by the applicant
shall be restricted to the housing designee's
category 3 price and incom$ guidelines as set forth
in the Affordable Housing Guidelines established by
the Aspen/pitkin County Housing Authority.
Parking shall be provided according to the standards
of Article 5, Division 2 and Division 3, if HPC
determines that it can be provided on the site's
surface and be consistent with the review standards
of Article 7, Division 6. Any parking which cannot
be located on-site ,and which ,w,ould therefore be
required to be provided via acash-in-lieu payment
shall .be waived., ...... ...cc-. .u.., , ....,.......'
The development's water supply, sewage treatment,
solid waste disposal, drainage control,
transportation and fire protection impacts shall be
mitigated to the satisfaction of ,the commission.
The compatibility of the project's site design with
surrounding projects and its appropriateness for the
site shall be ~emonstrated, including but not
limited to consideration of the quality and
character of proposed landscaping and open space,
the amount of site coverage by buildings, any
amenities provided for users and residents of the
site, and the efficiency and effectiveness of the
service delivery area.
Please see Attachment A for Applicable Review criteria for Text
Amendments.
RECOMMENDATZON: The Commission recommends to Council approval of
the text amendments for Sections 24-5-213 and 24-8-104.B.1.c of the
Municipal Code.
PROPOSED HOTZON: "I move to approve the text amendments as
proposed by the Planning and Zoning Commission."
"I move to adopt Ordinance 60, Series of 1992."
CITY M-~AGERS COMMENTS:
ATTACHMENTS:
A. Applicable Review criteria
B. Ordinance 60, Series of 1992
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ATTACHMENT A
APPLICABLE REVIEW CRI,TERIA: Pursuant to section 7-1102 the
following standards of review apply for a text amendment:
a. Whether the proposed amendment is in conflict with any
applicable portions of this chapter.
RESPONSE: ,The proposed amendment permitting mixed-uses in the
Office zone district is intended to address the lack of provisions
for mixed-use proposals in the zone district., The Office zone
district allows detached residential dwellings and mUlti-family
dwellings. The district also allows accessory residential
dwellings restricted to affordable housing -guidelines, home
occupations and accessory building and uses. But the district does
not' ai-low, attachedfre&'-lIIal!ket"J:e.Sidential...units,..in concert with
other' land uses such as a retail business that would not be
considered a home occupation. This amendment is consistent with
the Code and would correct an oversight in the Office zone district
where detached residential units are allowed but attached units are
not allowed.
The proposed amendment to the GMQS Exemption provision compliments
other Historic Preservation techniques. The Historic Preservation
program is well supported by incentives that promote adaptive reuse
of historic structures. The proposed amendment does not eliminate
an applicant's obligation to provide employee mitigation but
enables an exemption from the lengthy GMQS competition process.
b. Whether the proposed amendment is consistent with all
elements of the Aspen Area Comprehensive Plan.
RESPONSE: Recent Draft Aspen Area Community Plan goals have been
focused toward preservation of the fabric and scale of the
community of Aspen. Area wide efforts that support and encourage
residents to remain within the metro area have been strongly
recommended by several sub-committees of the Plan. The proposed
amendments encourage adaptive reuse of historic structures and
promote mixed-uses for owners and residents to remain in the
community while operating a business.
c. Whether the proposed amendment is compatible with
surrounding Zone Districts and land uses, considering existing
land use and neighborhood characteristics.
RESPONSE: The primary intent of the proposed 'amendments are to
encoura~e the adaptive reuse of historic structures thereby
preserv~ng the scale and context of neighborhoods. The amendments
do not recommend land uses which, are not otherwise permitted or
conditional uses within the Office zone district.
d. The effect of the proposed amendment on traffic generation
and road safety.
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RESPONSE: The amendment will not have a greater impact on traffic
generation and road safety. The CommiS!sion wil.l continue to review
the expansion of a Historic Landmark and proposals that are
conditional uses within the zone district. Both the conditional
use review and GMQS Exemption sections of thg Code require that the
Commission consider parking impacts, traffic generation and road
safety.
e. Whether and the extent to which the proposed amendment
would result in demands on public facilities, and whether and
the extent to which the proposed amendment would exceed the
capacity of such public facilities, including but not limited
to transportation facilities, sewage facilities, water supply,
parks, drainage, schools, and emergency medioal facilities,
RESPONSE: Currently, the GMQS Exemption review requires an
applicant to .,satisfy'_ the_.,Commission that, potentialdellland uppn
public facilities are mitigated. The proposed text amendment does
not alter this review.
f. Whether and the extent to which the' proposed amendment
would result in significantly adverse impacts on the natural
environment. '
RESPONSE: The intent of the proposed amendments is adaptive reuse
of existing historic strUctures and would not have negative impacts
upon the environment because. New, mixed-use development would
require either a full GMQs review or subdivision review and
environmental impacts would be evaluated ,on a site-by-site basis.,.
g. Whether the proposed amendment is consistent and
compatible with the community character in the city of Aspen.
RESPONSE: A mixed~use proposal within the Office zone districtl
specifically in a Historic Landmark, will reinforce the characte~
of the surrounding neighborhood and preserve an element of the
community that is endangered without these incentives.
h. Whether there have been changed conditions affecting the
subject parcel. or the surrounding neighborhood which support
the proposed amendment.
RESPONSE: Historic buildings are under increasing redevelopment
pressure. Incentives for preservation and encouragement for mixed-
use development will encourage residents to remain within the
Office zone districts which is an important charaoteristic of the
Main street Office zone district.
i. Whether thecproposed amendment would be in conflict with
the pUblic interest I and is in harmony with the purpose and
intent of this chapter.
RESPONSE:
interest
The amendments are not in conflict with the public
as they invite adaptive multiple use of historic
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structures and in the Office zone districts th.us discoura'ifing
demolitions.
The cost and time contribution of preservation can be enormous.
Equally as enormous are the community benefits whe.l "historic
resources are retained, cared for and enhanced. Aspen's unique
character and sense of place is retained when we work together with
historic property owners. We have always approached the creation
of incentives as a way to meet the property owner half way - to
help shoulder the burden of rehab and offer community support for
the project. '
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ORDINANCE NO. 60
(series of 1992)
AN ORDINANCE OF THE ASPEN CITY COUNCIL AMENDING CHAPTER 24 SECTIONS
S-213.B AND 8-104.B.1.c OF THE MUNICIPAL CODE AFFECTING PERMITTED
USES FOR THE OFFICE ZONE DISTRICT AND GMQS EXEMPTIONS FOR HISTORIC
LANDMARKS
WHEREAS, the Planning Department has proposed to amend
sections 5-213.B and 8-104.B.1.c of Chapter 24 of the Municipal
Code to broaden the permitted uses in the Office zone district and
the GMQS exemptions for an historic landmark; and
WHEREAS, the Office zone district does not encourage a mixed-
uses development on a parcel; and
_ WHEREAS, the---ability :to,d.evelOp a,JIIixed-use-proposal -isa~
important tool for adaptive reuse of historic structures iri the
Office zone district; and
WHEREAS, the expansion of an historic landmark to include, a
residential dwelling unit together with a cOllllllercial/office space
or a lodge unit exempt from the growth management competition
process is an important goal of the historic preservation program;
and
WHEREAS, the Planning and Zoning Commission, pursuant to
Section 24-7-1103, reviewed the proposed text amendments and made
revisions to the proposed language at a public hearing July 7,
1992; and
WHEREAS, the commission, on July 7, 1992, recommended adoption
by city Council of the text amendments to Sections 24-5-213.B and
24-8-104.B.1.c.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO:
section 1:
That Section 5-213(B), "Permitted uses" for the "Office (0)" zone
districtl Article 5 of Chapter 24 of the Municipal Code of the city
of Aspenl Colorado, is hereby amended to read as follows:
section 5-213. Office (0).
B. Permitted uses. The following uses are permitted as of
right in the Office (0) zone district.
1. Detached residential dwellings and mUlti-family
dwellings;
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2. Professional business officesi
3. Accessory residential dwellings restricted to
affordable housing guidelines;
4. Home occupations;
5. Group homes;
6. Accessory buildings and uses;
7. Dormitory; and
8. A mixed-use building(s) comprised of a residential
dwelling unit and permitted and conditional uses in the
Office (0) zone district so long as such conditional use
has been approved sUbJ_ect,to th9 standards and proced~e.s
established in Article 7, Division 3 of this chapter.
section 2:
That section 8-104(B).l.cI "Exemption by commission" of Article 8
of Chapter 24 o-f the Municipal Code of the City of Aspen, Colorado,
is hereby amended to read as follows:
section 24-8-104. Exemptions.
B. Exemption by commission.
1. General. Development which may be exempted by the
commission shall be as follows:
c. Historic landmark. The enlargement, of an historic
landmark to be used as a commercial or office development
which increases the building's existing floor area ratio
and its net leasable square footage or the enlargement
,of an historic landmark which develops more than one (1)
residential dwelling or three (3) hotel, motel, lodge,
bed and breakfast, boardinghouse, roominghouse or
dormitory units or the enlargement of an historic
landmark for mixed-use as a commercial, office or 10dge
Idevelopment and which adds a residential dwelling unit,
which increases the building's or parcel's existing floor
area ratio and its net leasable square footage.
The applicant shall demonstrate that as a result of
the development, mitigation of the project's community
impacts will be addressed as follows:
(1) For an enlargement at the maximum floor area
permitted under the external floor area ratio for
the applicable zone district (excluding any bonus
floor area permitted by special review), the
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applicant shall provide affordable housing at one
hundred (100) percent of the level which would meet
the threshold required in Section 24-8-106 for the
applicable Use. For each one (1) percent reduction
in floor area below the maximum permitted under the
external floor area ratio for the applicable zone
district (excluding any bonus floor area permitted
by special review) , the affordable housing
requirement shall be reduced by one (1) percent.
The applicant shall place a restriction on the
property, to the satisfaction of the city attorney,
,requiring that if, in the future additional floor
area is requested, the owner shall provide
affordable housing impact mitigation at the then
current standards.
'Any affordable housing provided by the appiicant
shall be restricted to the housing designee's
category 3 price and income quidelines as set forth
in the Affordable Housing Guidelines established by
the Aspen/Pitkin county Housing ~uthority.
(2) parking shall be provided according to the standards
of Article 5, Division 2 and Division 3 of this
chapter, if HPC ,determines that it can be provided
on the site's surface and be consistent with the
review standards of Article 7, Division 6 of this
chapter. ~ny Parking which cannot be located on-
sit,e and which would therefore be required to be
provided via a cash-in-lieu payment shall be waived.
(3) The development's water supply, sewage treatment I
solid waste disposal, drainage control,
transportation and, fire protection impacts shall be
mitigated to the satisfaction of the commission.
(4) The compatibility of the project's site design with
surrou.ndingprojects and its appropriateness for the
site shall be demonstrated, including but not
limited to consideration of, the quality and
character of proposed landscaping and open space,
the amount of site coverage by buildings, any
amenities provided for users and residents of the
site, and the efficiency and effectiveness of the
service delivery area.
section 3:
If any section, subsection I sentence, clause, phrase or portion of
this ordinance is for any reason held invalid or unconstitutional
by any court Of competent jurisdiction, such provision and such
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holding shall not affect the validity of the remaining portions
thereof.
section 4:
This Ordinance shall not effect any existing litigation and shall
not operate as an abatement of any action or proceeding now pending
under or by virtue of the ordinances repealed or amended as herein
provided, and the same shall be conducted and concluded under such
prior ordinances.
Section 5:
^
A public hearing on the Ordinance shall be held on the day of
, 1992 at 5:00 P.M. in the city Council Chambers, Aspen
city Hall, Aspen Colorado, fifteen (15) days prior to which a
. hearing of. public .notice .of the same shall p'.e published in a
newspaper of general circulation within the city of Aspen.
the
INTRODUCED, READ AND ORDERED PUBLISHED.as provided by
city council of the City of Aspen on the
, 1992.
law, by
day of
John Bennett, Mayor
ATTEST:
Kathryn S. Koch, city clerk
FINALLY ADOPTED this ___ day of
1992.
John Bennett, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
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IZzn&
MEMORANDUM
FROM:
Mayor and City Council
Amy Margerum, city Manager
Diane Moore,. city planning
Leslie Lamont, Planning
Directo~
TO:
THRU:
THRU:
DATE:
September 14, 1992
RE:
Text Amendments - Office Mixed-Use and GMQS Exemption for
Historic Landmark, First Reading ordinance~, series of
1992
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SUMMARY: Staff is proposing a text amendment to the Permitted Use
section in the Office zone district and another text amendment to
GMQS Exemptions for Historic Landmarks.
The proposed text amendments are as follows:
* to create an additional incentive for mixed-use in an
Historic Landmark in the Office zone district; and
* to permit a mixed-use development, including a free market
residential unit, within one structure in the Office zone
district; and
* to allow an expansion of an Historic Landmark which adds
either a commercial, office or lodge unit and an attached
residential dwelling unit exempt from GMQS competition but
subject to mitigation for. growth impacts.
The proposed text amendments (new language is in bold) are found
at the end of this memo.
PREVIOUS ACTION: The Planning and Zoning Commission reviewed the
proposed text amendments at their July 7, 1992 meeting and, having
revised the proposed language, recommend to Council approval of the
text amendments.
BACKGROUND: Creative incentives have long been utilized in Aspen
for historic landmarks, beginning with GMQS Exemptions when Growth
Management was originally designed in the mid 70' s. Aspen's
package of incentives is well regarded throughout Colorado, and has
been promoted by the National Trust for Historic Preservation in
a recent publication. The proposed text amendments expand
innovative solutions to historic landmarks even further, and meets
the long-term goals of the City, HPC, and draft Aspen Area
Community Plan.
"....."
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In addition the proposed amendments are consistent with existing
City policy to exempt desired development from the GMQS competition
process but to still require growth to mitigate it's impacts.
The proposed text amendments are a way to fix a deficiency found
in the Main street Historic District, zoned primarily "Office".
When the district was formed in 1975, the goal was to allow
adaptive uses within historic structures, which are primarily
residential in nature. Multi-use within one structure is
compatible with the goals of the Main street Historic District and
general goals of the Aspen Area community Plan. The text
amendments simply clean up and permit a multi-use to occur, which
involves a dwelling unit.
CURRENT ISSUES:
I. Existing Land Use Code - Currently, the Office zone district
allows the following permitted uses:
1. Detached residential dwellings and multi-family
dwellings;
2. Professional business offices;
3. Accessory residential dwellings restricted to
affordable housing guidelines;
4. Home occupations;
5. Group homes;
6. ACCessory buildings and uses; and
7. Dormitory.
A mixed-use proposal that includes a free market dwelling unit and
a commercial or lodge use that is not "accessory" to the primary
use or is not. considered a "home occupation" is not permitted
within this zone district within one structure. A detached
dwelling unit however, would be permitted on a landmarked parcel
with an exisiting office/commerical or lodge use.
In addition, the Land Use Code allows the enlargement of an
Historic Landmark to be used as a commerical or office development.
However, the Code currently does not allow the enlargement of a
historic landmark to be intended for mixed-use commerical, office
or lodge development and an attached residential dwelling unit.
II. Problem - staff realized this deficiency in the Code when Joe
and Susan Krabacher approached the Planning Department to finalize
their development plans. They proposed to add a residential
2
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r",
dwelling unit onto their Main street store the Aspen Antique
Brokers Ltd., which is a Historic Landmark. In 1989, the
Krabachers received a conditional use approval for an antique
retail business in a Historic Landmark and a GMQS Exemption for the
change in use from a 3 bedroom residential dwelling unit to a
commercial use. At the time of approval the Krabachers discussed,
with the Commission, expanding the building by adding a residential
unit. A condition of approval required future review pursuant to
section 8-104, Exemption by Commission.
Presently, the antique store is approximately 1700 square feet, 400
of which is the Krabacher' s residence. staff cannot make the
finding that expanding the building by another 1600 square feet for
a free market dwelling unit represents either an "accessory use"
to the retail business or that the retail business is a "home
occupation".
In addition, it is staff's interpretation that the conversion of
the dwelling unit to the Antique store pursuant to section 8-104
A.b. (4), "the change in use of an historic landmark which does not
increase the building's existing floor area ratio," is a one time
exemption from the GMQS process. In other words, the parcel had
one development right for a free market dwelling unit but it was
eliminated with the change in use thus requiring competition for
any new free market residential development.
III. proposal - Because of the incentive nature of the Historic
Preservation program, staff is reluctant to require a GMQS
competition process for an additional free market unit. However,
mitigation for growth impacts associated with free market
development should be required. Additionally, mixed-use proposals
are appropriate in the Office zone district and adaptive re-use
should be encouraged for historic structures.
Therefore, as a result of working with the Krabachers on the
expansion of their Historic Landmark, staff recommends the proposed
text amendments to encourage mixed-use projects in the Office zone
district and to allow an expansion of an Historic' Landmark for
mixed-use purposes exempt from the GMQS process while mitigating
for impacts.
Following are the proposed text changes (bold indicates proposed
language) :
I. That Article 5, Division 2, Section 24-5-213.8 of the Municipal
Code shall be amended to read as follows:
Section 5-213
Office (0)
B. Permitted uses. The following uses are permitted as of
right in the Office (0) zone district.
3
,....
,.....,
8. A mixed-use building(s) comprised of (i) a
residential dwelling unit; and (ii) permitted and
conditional uses in the Office (0) zone district;
provided any such conditional use shall be permitted
subject to the standards and procedures established
in Article 7, Division 3.
II. That Article 8, section 24-8-104.B.1.c of the Municipal Code
shall be amended to read as follows:
c. Historic landmark. The enlargement of an historic
landmark intended to be used as a commercial or
office development which increase the building's
existing floor area ratio and its net leasable
square footage. The enlargement of an historic
landmark which develops more than one (1)
residential dwelling or three (3) hotel, motel,
lodge, bed and breakfast, boardinghouse,
roominghouse or dormitory units. The enlargement
of an historic landmark intended for mixed-us.e as
a commercial, office or lodge development and
attached residential dwelling unit, which increases
the building's or parcel's existing floor. area
ratio, its net leasable square footage and adds an
attached residential dwelling unit.
The applicant shall demonstrate that as a result of
the development, mitigation of the project's
community impacts will be addressed as follows:
(1) For an enlargement at the maximum floor area
permitted under the external floor area ratio for
the applicable zone district (excluding any bonus
floor area permitted by special review), the
applicant shall provide affordable housing at one
hundred (100) percent of the level which would meet
the threshold required in section 8-106 for the
applicable use. For each one (1) percent reduction
in floor area below the maximum permitted under the
external floor area ratio for the applicable zone
district (excluding any bonus floor area permitted
by special review) , the affordable housing
requirement shall be reduced by one (1) percent.
The applicant shall place a re.striction on the
property, to the satisfaction. of the city attorney,
requiring that if, in the future additional floor
area is requested, the owner shall provide
affordable housing impact mitigation.at the then
current standards.
4
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Any affordable housing provided by the applicant
shall be restricted to the housing designee's
category 3 price and income guidelines as set forth
in the Affordable Housing Guidelines established by
the Aspen/pitkin County Housing Authority.
(2) Parking shall be provided according to the standards
of Article 5 , Division 2 and Division 3, if HPC
determines that it can be provided on the site's
surface and be consistent with the review standards
of Article 7, Division 6. Any parking which cannot
be located on-site and which would therefore be
required to be provided via a cash-in-lieu payment
shall be waived.
(3) The development's water supply, sewage treatment,
solid waste disposal, drainage control,
transportation and fire protection impacts shall be
mitigated to the satisfaction of the commission.
(4) The compatibility of the project's site design with
surrounding projects and its appropriateness for the
site shall be demonstrated, including but not
limited to consideration of the quality and
character of proposed landscaping and open space,
the amount of site coverage by buildings, any
amenities provided for users and residents of the
site, and the efficiency and effectiveness of the
service delivery area.
Please see Attachment A for Applicable Review criteria for Text
Amendments.
RECOMMENDATION: The Commission recommends to Council approval of
the text amendments for Sections 24-5-213 and 24-8-104.B.l.c of the
Municipal Code.
PROPOSED MOTION: "I move to approve the text amendments as
proposed by the Planning and Zoning Commission."
"I move to read Ordinance _, Series of 1992 on First Reading."
CITY MANAGERS COMMENTS:
ATTACHMENTS:
A. Applicable Review Criteria
B. Ordinance , Series of 1992
5
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ATTACHMENT A
APPLICABLE REVIEW CRITERIA: Pursuant to section 7-1102 the
following standards of review apply for a text amendment:
a. Whether the proposed amendment is in conflict with any
applicable portions of this chapter.
RESPONSE: The proposed amendment permitting mixed-uses in the
Office zone district is intended to address the lack of provisions
for mixed-use proposals in the zone district. The Office zone
district allows detached residential dwellings and mUlti-family
dwellings. The district also allows accessory residential
dwellings restricted to affordable housing guidelines, home
occupations and accessory building and uses. But the district does
not allow attached free market residential units in concert with
other land uses such as a retail business that would not be
considered a home occupation. This amendment is consistent with
the Code and would correct an oversight in the Office zone district
where detached residential uni~s are allowed but attached units are
not allowed.
The proposed amendment to the GMQS Exemption provision compliments
other Historic Preservation techniques. The Historic Preservation
program is well supported by incentives that promote adaptive reuse
of historic structures. The proposed amendment does not eliminate
an applicant's obligation to provide employee mitigation but
enables an exemption from the lengthy GMQS competition process.
b. Whether the proposed amendment is consistent with all
elements of the Aspen Area Comprehensive Plan.
RESPONSE: Recent Draft Aspen Area Community Plan goals have been
focused toward preservation of the fabric and scale of the
community of Aspen. Area wide efforts that support and encourage
residents to remain within the metro area have been strongly
recommended by several sub-committees of the Plan. The proposed
amendments encourage adaptive reuse of historic structures and
promote mixed-uses for owners and residents to remain in the
community while operating a business.
c. Whether the proposed amendment is compatible with
surrounding Zone Districts and land uses, considering existing
land use and neighborhood characteristics.
RESPONSE: The primary intent of the proposed amendments are to
encourage the adaptive reuse of historic structures thereby
preserv~ng the scale and context of neighborhoods. The amendments
do not recommend land uses which are not otherwise permitted or
conditional uses within the Office zone district.
d. The effect of the proposed amendment on traffic generation
and road safety.
f""'.
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RESPONSE: The amendment will not have a greater impact on traffic
generation and road safety. The Commission will continue to review
the expansion of a Historic Landmark and proposals that are
conditional uses within the zone district. Both the conditional
use review and GMQS Exemption sections of the Code require that the
Commission consider parking impacts, traffic generation and road
safety.
e. Whether and the extent to which the proposed amendment
would result in demands on public facilities, and whether and
the extent to which the proposed amendment would exceed the
capacity of such public facilities, including but not limited
to transportation facilities, sewage facilities, water supply,
parks, drainage, schools, and emergency medical facilities.
RESPONSE: Currently, the GMQS Exemption review requires an
applicant to satisfy the Commission that potential demand upon
public facilities are mitigated. The proposed text amendment does
not alter this review.
f. Whether and the extent to which the proposed amendment
would result in significantly adverse impacts on the natural
environment.
RESPONSE: The intent of the proposed amendments is adaptive reuse
of existing historic structures and would not have negative impacts
upon the environment because. New, mixed-use development would
require either a full GMQS review or subdivision review and
environmental impacts would be evaluated on a site-by-site basis.
g. Whether the proposed amendment is consistent and
compatible with the community character in the city of Aspen.
RESPONSE: A mixed-use proposal within the Office zone district,
specifically in a Historic Landmark, will reinforce the character
of the surrounding neighborhood and preserve an element of the.
community that is endangered without these incentives.
h. Whether there have been changed conditions affecting the
subject parcel or the surrounding neighborhood which support
the proposed amendment.
RESPONSE: Historic buildings are under increasing redevelopment
pressure. Incentives for preservation and encouragement for mixed-
use development will encourage residents to remain within the
Office zone districts which is an important characteristic of the
Main street Office zone district.
i. Whether the proposed amendment would be in conflict with
the public interest, and is in harmony with the purpose and
intent of this chapter.
RESPONSE: The amendments are not in conflict with the pUblic
interest as they invite adaptive multiple use of historic
,....,
,-..
structures and in the Office zone districts thus discouraging
demolitions.
The cost and time contribution of preservation can be enormous.
Equally as enormous are the community benefits when historic
resources are retained, cared for and enhanced. Aspen's unique
character and sense of place is retained when we work together with
historic property owners. We have always approached the creation
of incentives as a way to meet the property owner half way - to
help shoulder the burden of rehab and offer community support for
the project.
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MEMORANDUM
TO:
Aspen Planning and Zoning Commission
Leslie Lamont, planning
FROM:
RE:
Text Amendment for Sections 24-5-21.3 and 24-8-'104
Affecting Permitted Uses in the Office Zone District and
GMQS Exemptions for a Historic Landmark
DATE:
July 7, 1992
---------------------------------------------------------------
---------------------------------------------------------------
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SUMMARY: ''''The,,,.proposed text amendlllelltsw~ll allowm~xed"u.se
,e.~velol?ment as, a,permitted Use in the Office zone distri9~'" The
amendments will also enable the expansion of an Historic Landmark
for mixed~use purposes exemptfrQm GMQS.
STAFF COMMENTS: Joe and Susan Krabacher propose to add a
residential dwelling unit onto the Aspen Antique Brokers Ltd. In
1989 the Krabachers received a conditional use approval for an
antique retail business in a Historic Landmark. A GMQS Exemption
from the Planning Director was also granted for the change in use
from a 3 bedroom residential dwelling unit to a commercial use.
At the time of approval the Krabachers envisioned expanding the
building to add a residential unit on the back of the building.
Currently, the Office zone district does not allow a mixed-use
proposal that includes a free market dwelling unit and a commercial
or lodge use that is not "accessory" to the primary use or is not
considered a "home occupation". The antique store is approximately
1700 square feet, 400 of which is the Krabacher's residence. staff
cannot make the finding that the expansion of the building for a
free market dwelling unit (of approximately 1600, square feet)
represents either an accessory use to the retail business or that
the retail business could be considered a home occupation.
,
In addition, it is staff's interpretation that the conversion of
the dwelling unit to the Antique Store pursuant to Section 8-104
A.b.(4), "the change in use of an' historic landmark which does not
increase the building's existing floor area ratio," is a one time
exemption from the GMQS process. In other words, the parcel had
one development right for a free market dwelling unit but it was
eliminated with the change in use thus requiring competition for
any new free market residential development right.
Because of the incentive nature of the Historic Preservation
program, staff is reluctant to require a GMQS competition process
for an additional unit. However, potential employee generation
impacts associated with free market development should be
addressed. Additionally, mixed-use proposals should be encouraged
in the Office zone districts and most Historic Landmarks in the
Main street Office zone district lend themselves to adaptive mixed-
use projects. .
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Theref<;>re, as a result of work.ing with the Krabachers on the
expans~on of their Historic Landmark, staff recommends the
following text amendments to encourage mixed-use projects in the
Office zone district (of which most could occur in Historic
Landmarks) and to allow an expansion of an Historic Landmark for
mixed-use purposes exempt from the GMQS process while providing
mitigation for employee generation impacts.
Following are the proposed text changes (bold indicates proposed
language):
I. That Article 5, Division 2, Section 24-5-2l3.B of the Municipal
Code shall be amended to read as follows:
Section' 5"'213,c~ft'ice;:;;(;()Jt~j
B, Permitted uses. The following uses are permitted as of
right in the Office (0) zone district. ''\' ~ P / .'.
'_n J 8. . '. . ~:i~~~~
0~ ~ :build;' ~ comprised of (i) a residential use; and - lIZ...
';"'L (11, , . . permUte in the Office (0)
~QO~one d strict; p~ovided any suc conditional use
0~./ shall permitted subject to th standards and
I Artic::O::d; ::i::t::~~::::.:;l~t::I:h:'~U~i~::::::~~~
shall ended to re d as follows: ',;,;; ~
~
Histori landmark. The enlargement of an historic
landmark intended to' be used as a commercial or
office evelopment which increase the building's
xisting floor area ratio and its net leasable
quare ootage.. The enlargement of an historic
andmark which develops more than one (1)
esident al dwelling or three (3) hotel, motel,
lodge, bed and breakfast" boardinghouse,
roomingh use or dormitory Units. J The . enlargement
of an h. toric landmart intended for mixed-use as
a comme cial,' office or lodge development and
attached residential dwelling unit, which increases
the bui ing' sor parcel's existing floor area
ratio, i s net leasable square footage and adds an
ttached esidential dwelling unit.
APPLICABLE REVI CRIT RIA: Pursuant to Section 7-1102 the
following standards of r view apply for a text amendment:
a. Whether the pr osed amendment is in conflict with any
applicable Port~thi',chaPt.".
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RESPONSE: The proposed amendment permitting mixed-uses in the
Office zone district is intended to address the lack of provisions
for. mixed-use proposals in the zone district. The Office zone
district allows detached residential dwellings and multi-family
dwellings. The district also allows, accessory residential
dwellings restricted to affordable housing guidelines, home
occupations and accessory building and uses. But the district does
not allow attached free market residential units in concert with
other land uses such as a retail business that would not be
considered a home occupation. This amendment is consistent with
the Code and would correct an oversight in the Office zone district
where detached residential units are allowed but attached units are
not allowed.
The proposed amendment to the GMQS Exemption provision compliments
other Historic Preservation techniques. The Historic Preservation
program is well supported by incentives that promote adaptive reuse
of historic structures. The proposed amendment does not eliminate
an applicant's obligation to provide employee generation mitigation
but enables an exemption from the lengthy GMQS competition process.
b. Whether the proposed amendment is consistent with all
elements of the Aspen Area Comprehensive Plan.
RESPONSE: Recent Draft Aspen Area Community Plan goals have been
focused toward preservation of the fabric and scale of the
community of Aspen. Area wide efforts that support and encourage
residents to remain within the metro area have been strongly
recommended by several sub-committees of the Plan. The proposed
amendments encourage adaptive reuse of historic structures and
promote mixed-uses for owners and residents to remain in the
community while operating a business.
c. Whether the proposed amendment is compatible with
surrounding Zone Districts and land uses, considering existing
land use and neighborhood characteristics.
RESPONSE: The primary intent of the proposed amendments are to
encourage the adaptive reuse of historic structures thereby
preserving the scale and context of neighborhoods. The amendments
do not recommend land uses which are not otherwise permitted or
conditional uses within the Office zone district.
d. The effect' of the proposed amendment on traffic generation
and road safety.
RESPONSE: The amendment will not have a greater impact on traffic
generation and road safety. The Commission will continue to review
the expansion of a Historic Landmark and proposals that are
conditional uses within the zone district. Both the conditional
use review and GMQS Exemption sections of the Code require that the
3
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commission consider parking impacts, traffic generation and road
safety.
e. Whether and the extent to which the proposed amendment
would result in demands on public ,facilities, and whether and
the extent to which the proposed amendment would exceed the
capacity of such public facilities, including but not limited
to transportation facilities, sewage facilities, water supply,
parks, drainage, SChools, and emergency medical facilities.
RESPONSE: Currently, the GMQS Exemption review requires an
applicant to satisfy the Commission that potential demand upon
public facilities are mitigated. The proposed text amendment does
not alter this review.
f. Whether and the extent,to which the proposed amendment
would result in significantly adverse impacts on the natural
environment. " ,
RESPONSE: The intent of the proposed amendments is adaptive reuse
of existing historic structures and would not have negative impacts
upon the environment because. New, mixed-use development would
require either a full GMQS review or subdivision review and
environmental impacts would be evaluated on a site-by-site basis.
g. Whether the proposed amendment is consistent and
compatible with the community character in the city of Aspen.
RESPONSE: A mixed-use proposal wit~in the Office zone district,
specifically in a Historic Landmark, will reinforce the character
of the surrounding neighborhood and preserve an element of the
community that is endangered without these incentives.
h. Whether there have been changed conditions affecting the
subject parcel or the surrounding neighborhood which support
the proposed amendment.
RESPONSE: Historic buildings ar,e under increasing redevelopment
pressure. Incentives for preservation and encouragement for mixed-
use development will encourage residents to remain within the
Office zone districts which is an important characteristic of the
Main street Office zone district.
i. Whether the proposed amendment would be in conflict with
the public interest, and is in harmony with the purpose and
intent of this chapter.
RESPONSE: The amendments are not in conflict with the public
interest as they invite adaptive multiple use of historic
structures thus discouraging demolitions.
4
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RECOMMENDATION: Staff recommends that the Planning and Zoning
Commission recommend toCouncH approval of this Code Amendment to
section 24-5-213.B and 8-104.B.l of the Municipal Code finding that
the proposed Code Amendments are not in conflict with the Land Use
Code or public interest and that the amendments are consistent with
the Draft 1992 Community Plan and will not cause negative effects
upon the Office zone district.
5
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PUBLIC NOTICE
RE: AMENDMENT TO THE TEXT OF THE CITY OF ASPEN LAND USE
REGULATIONS, CHAPTER 24 OF THE ASPEN MUNICIPAL CODE
NOTICE IS HEREBY GIVEN that a public hearing will be held on
Tuesday, July 7, 1992 at a meeting to begin at 4:30 p.m. before the
Aspen Planning & Zoning Commission, 2nd floor Meeting Room, 130
South Galena Street, Aspen, Colorado, amending City of Aspen
Municipal Code Sections 24-5-2l3(B) and 5-8-l04(B) (1) to permit
mixed uses in an historic landmark in the Office Zone District.
For further information, contact Leslie Lamont at the Aspen/Pitkin
Planning Office, 130 S. Galena st., Aspen, CO 920-5090.
s/Jasmine Tvqre. Chairman
Planning and Zoning commission
Published in The Aspen Times on June 19, 1992.
-----------------------------------------------------------------
-----------------------------------------------------------------
City of Aspen Account.
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PUBLIC NOTICE
RE: AMENDMENTS TO THE TEXT OF CHAPTER 24, ASPEN MUNICIPAL
CODE
NOTICE IS HEREBY GIVEN that a public hearing will be held on
Tuesday, October 13, 1992 at a meeting to begin at 5:00 PM before
the Aspen City Council, City Council Chambers, 130 South Galena
street, Aspen to consider amendments to Chapter 24-Aspen Municipal
Code; Aspen Land Use Regulations proposed by Planning Office Staff.
Amendments are proposed to section 5-213.B; Permitted Uses-Office
Zone District; and section 8-l04B.l.c; Exemption By the Commission-
Historic Landmarks. For further information contact Leslie Lamont
at the Aspen/Pitkin Planning Office, 130 South Galena st., Aspen,
920-5090.
stJohn Bennett, Mayor
Aspen city Council
Published in The Aspen Times on September 25, 1992.
=====~=:===========~=============================================
city of Aspen Account.
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,,",,
ASPEN/PITKIN PLANNING OFFICE
130 South Galena Street
Aspen, Colorado 81611
Phone 920-5090 FAX 920-5197
MEMORANDUM
TO:
FROM:
Roxanne Eflin, Historic Preservation Officer (HPC)
Leslie Lamont, Planning Office
RE:
ASPEN ANTIQUE BROKERS TEXT AMENDMENT REQUEST FOR
MIXED USE IN THE OFFICE ZONE DISTRICT
Parcel ID No. 2735-124-45-005
DATE:
June 5, 1992
Attached for your review and comments is an application submitted by Joe Krabacher,
requesting a text amendment for mixed use in the Office zone district.
Please return your comments to me no later than June 15, 1992.
Thank you.
,.....,
,,......,,,
ASPEN/PITKIN PLANNING OFFICE
130 S. Galena street
Aspen, Colorado 81611
(303) 920-5090 FAX# (303) 920-5197
~
June 4, 1992
Mr. B. Joseph Krabacher
706 West Main street
Aspen, CO 81611
Re: Aspen Antique Brokers Text Amendment for a Mixed Use
in the Offic ezone
Case A42-92
Dear Joe:
The Planning
application.
Office has completed its preliminary review of the captioned
We have determined that this application is complete.
We have scheduled this application for review by the Aspen Planning and
Zoning commission at a Public Hearing to be held on Tuesday, July 7, 1992 at
a meeting to begin at 4:30 p.m. Should this date be inconvenient for you,
please contact me within 3 working days of the date of this letter. After
that the agenda date will be considered final and changes to the schedule or
tabling of the application will only be .allowed for unavoidable technical
problems. The Friday before the meeting date, we will call to inform you
that a copy of the memo pertaining to the application is available at the
Planning Office.
If you have any questions, please call Leslie Lamont, the planner assigned
to your case.
sincerely,
Cindy Christensen
Administrative Assistant
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LAW OFFICES
KRABACHER, HILL & EDWARDS
MAY 2 0
PROFESSIONAL CORPORATION
JEROME PROFESSIONAl BUILDING
201 NORTH MILL STREET
ASPEN, COLORADO 81611
B. JOSEPH KRABACHER
THOMAS C. HILL
JOSEPH E. EDWARDS, III
TELEPHONE
(303) 925-6300
(303) 925-7116
TELECOPIER
(303) 925.1181
OF COUNSEL
JOSEPH E. EDWARDS, JR.
May 18, 1992
Leslie Lamont
Aspen/Pitkin Planning Office
130 South Galena
Third Floor
Aspen, Colorado 81611
Re: 706 West Main Street
Dear Leslie:
At our meeting on April 9, 1992, we discussed my house and the
various issues surrounding our proposed redevelopment. I need an
interpretation from you regarding the prior special review
approval. As you know, we requested conditional use approval for
an antique store and had a special review hearing and approval by
the Planning and Zoning Commission., At the time, we indicated that
approximately 1400 square feet of the total 1700 square feet would
be a retail use for the antique store. We have continued to reside
at the property, but the retail use has taken over the entire 1700
square feet.
I need an interpretation from you as .to the amount of square
footage that was approved for retail or commercial use for the
antique store. Obviously, this is important in the redevelopment,
because we will need to clearly delineate the boundaries of the
commercial space and the boundaries of the proposed residential
dwelling unit.
Please let me know if you have any questions or concerns.
Thanks for your assistance.
Very truly yours,
KRABACHER, HILL & EDWARDS, P.C.
By:
BJK/kt
krab~cher\ltrs\lamont
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LAW OFFICES
KRABACHER; HILL & EDWARDS
FEB - 3 Il9'l
PROFESSIONAL CORPORATION
JEROME PROFESSIONAL BUilDING
201 NORTH MILL STREET
ASPEN, COLORADO 81611
OF COUNSEL
JOSEPH E. EDWARDS,J.R.
TELEPHONE
(303) 925-6300
(303) 925-7116
TELECOPIER
(303) 925.1181
B. JOSEPH KRABACHER
THOMAS C. HILL
JOSEPH E. EDWARDS, III
January 30, 19~2
Roxanne Eflin
Historic Preservation Planner
CitY,of Aspen Planning Office
130 South Galena, Third Floor
Aspen, Colorado 81611
Re: CalcUlation of Allowable Floor Area - 706 West Main street
Dear Roxanne:
I am writing this letter to request an interpretation as to
the allowable floor area for 706 West Main Street (Lot Q and a
portion of Lot R, Block 18, City and Townsite of Aspen). This
property is a mixed commercial/residential use. It is located in
the 0 "Office" Zone District and the commercial use is subject to
a maximum floor area of 3,750 square feet.,
We are working on plans for an addition to the property. We
are trying to determine the allowable floor area so that we can
proceed with preparation of plans for the addition.
1. BackCfround. We purchased this property in 1988. In
1989 we sponsored an amendment to the Land Use Code that would
allow a. nonconforming lot containing an historic landmark to
utilize the commercial uses in the 0 Zone District. After hearings
before HPC, P&Z and city council the Land Use Code amendment was
approved. Thereafter, we applied for landmark designation of the
property. The landmark designation was also approved after
hearings before HPC, P&Z and City Council. Finally, on November
21, 1989, we obtained conditional use review and a GMQS exemption
for an antique shop. The conditional use and GMQS exemption was
approved for i699.95 square feet of the existing building.
2. ExistinCf Floor Area. The exact square footage of the
existing floor area is 1699.95 square feet.
3. Plan A. The first proposal is to increase the square
footage of the commercial use from 1699.95 square feet to 1875
square feet, or an increase of 175 square feet of commercial floor
area.
,.....,
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a.
~k IO~(~~ ~)(0)
The first question in this alternative is to determine
the exactions that would be required to be paid to
increase the commercial floor area from 16~.~~~~square
feet to 1875 square feet, or an increase 0 175 square
feet. We need to determine the precise amount of
exactions that would need to be paid for employee housing
and parking.
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b.
After we determine the cost of increasing the commercial
floor area by 175 square feet, we would then add
approximately 1870 square feet for accessory residential
use. We need to know if this is the proper way to
calculate the total floor areas for the commercial and
residential uses.
t' .
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- 4. Plan B. Our alternate plan, depending upon the cost of
exactions t~ add the 175 square feet ~s to maintain the existing
commercial floor area at 1699.95 square feet. We would then add
approximately 1698 square feet as residential use. Again, we need
to know if this is the proper method of calculating the floor area
so that we can proceed with our design plans.
Thank you for taking the time to provide us with an
interpretation as to the allowable floor area for this property.
As a mixed commercial/residential project it is our understanding
that as long as the residential use is accessory to the commercial
use (Le. the residential use has a floor area less than the
commercial use), we will be allowed to use the commercial FAR
applicable in the 0 Zone District.
By:
KRABACHER, HILL & EDWARDS, P.C.
B. JO~acher
BJK/ch
cc: Charles Cunniffe & Associates/Architects
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AN APPLICATION FOR
.AMEND.HEN'l'S 'rO 'rBE TEXT OF 'rBE
lmNICIPAL CODE OF 'rBE CITY OF ASPEN, COLORADO
LAND USE REGULATIONS
Submitted by
B. Joseph Krabacher
Susan S. Krabacher
706 West Main Street
Aspen, CO 81611
Prepared by
B. Joseph Krabacher
KRABACHER, HILL & EDWARDS, P. C.
201 North Mi.ll, Suite 201
Aspen, Colorado 8161l
(303) 925-6300
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TABLE OF CONTENTS
Section
Page
INTRODUCTION
1
I. MINIMUM SUBMISSION CONTENTS
1
III. REVIEW REQUIREMENTS
APPENDIX - EXHIBITS
2
3
II. PROPOSED TEXT AMENDMENTS
Exhibit 1, Pre-Application Conference Summary
Exhibit 2, Disclosure of Ownership and Title Insurance
Policy
Exhibit 3, Permission to Represent
Exhibit 4, Vicinity Map
Exhibit 5, Land Use Application Form
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IN'rRODUCTION
The following Application requests certain Amendments to the
text of the Municipal Code of the City of Aspen, Colorado Land Use
Regulations (the "Code"). (See Pre-Application Conference Summary,
Exhibit 1).
This Application is submitted pursuant to Section 7-1101 et
seq. of the Code by property owners B. Joseph Krabacher and Susan
S. Krabacher (See Disclosure of Ownership and Title Insurance
Policy, Exhibit 2) represented by Krabacher, Hill & Edwards, P.C.
(See Permission to Represent, Exhibit 3).
The Application includes the Minimum Submission Contents in
Part I, Proposed Amendments to the text of the Code in Part II, and
Part III addresses the proposed development's compliance with the
applicable review standards of the Code. All supporting documents
are attached as Exhibits to this Application.
I. MINIMUM SUBMISSION CONTENTS
The Applicants' names, address and telephone number are B.
Joseph Krabacher and Susan S. Krabacher, 706 West Main Street,
Aspen, Colorado 81611 (303) 925-78l8. A letter authorizing
Krabacher, Hill & Edwards, P . C. to represent the Applicants,
together the name, address, and telephone number of the
representative, is attached as Exhibit 3. 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 know as Lot Q, and the West 20 feet of Lot R, Block 18, City
and Townsite of Aspen, pitkin County, Colorado.
,-.."
r",
A Disclosure of Ownership and Title Insurance Policy is
attached as Exhibit 2, which discloses ownership of the parcel. An
8 1/2 'inch by 11 inch vicinity map locating the subject parcel
within the City of Aspen, is attached as Exhibit 4.
II. PROPOSED TEXT AMENDMENTS
The Applicants propose two amendments to the text of the Land
Use RegUlations of the Code. The precise wording of the proposed
amendments are as follows:
Section 5-213.B is proposed to be amended by
the addition of a new subsection (S) as
follows:
"8. Attached residential dwellings and multi-use
buildings comprised of (i) a residential use; and
(ii) a conditional use permitted in the Office (0)
Zone District; provided any such conditional use
shall be permitted subj ect to the standards and
nA L procedures established in Article 7, Division 3."
"~~ Section S-104.B.1 is proposed to be amended by the
~~/O ~ddition of new subsection (e)
4.0 "e. Multi-Use Historic Landmark. The enlargement of an
~ historic landmark intended for multi-use as a
commercial or office development, and attached
residential dwelling unit, which: (i) increases the
building's exiting floor area ratio; (ii) increases
the building's net leasable square footage; or
(iii) adds an attached residential dwelling unit.
~ I The applicant shall demonstrate that as a result of
~ '. the development, mitigation of project's community
'~ impacts will be addressed as required by section 8-
~ ~,.B.,(C)'.
\,'~
""
2
~
.~
III. REVIEW REQUI
s
The proposed amendments to the text of the Code are subject to
the standards of review set forth in section 7-l102. The specific
review criteria, and the proposed development's compliance
therewith, are summarized as follows:
1. "Whether the proposed amendment is in
conflict with any applicable portions of this
chapter. "
The proposed amendments are intended to address the lack of
provisions in the Code for multi-uses in the Office Zone District.
As presently written, the Office Zone District regulations prohibit
an attached residential dwelling unit where the parcel also
contains a commercial or office development.
The Office Zone
District regulations allow as a permitted use, a detached
residential dwelling unit. Accordingly, the proposed amendment to
the Office Zone District regulations simply remedies an apparent
oversight by the drafters of the Code which permitted detached
residential dwellings units, but prohibited attached residential
dwelling units.
Therefore, the proposed amendment is not in
conflict with any applicable provisions of the Code.
The proposed amendment to the GMQS exemption provisions of
section 8-104 is also designed to correct an oversight by the Code
drafters with respect to multi-use projects. As presently drafted,
there is no exemption from GMQS that would allow an owner to add an
attached residential dwelling unit without submitting to the full
3
1"""\
,.....,
GMQS allotment procedures.
The proposed amendment allows the
Planning and Zoning Commission to grant an exemption upon a
demonstration of compliance by a proposed development with the
requirements of section 8-104.B.1(c) for historic landmarks. The
amendment is intended as an incentive for historic landmarks that
would allow multi-uses of commercial or office development,
together with a residential use. The proposed amendment does not
eliminate the obligation of an applicant to provide employee
housing mitigation, but simply provides an exemption from GMQS
process. The proposed amendment has been drafted so as to permit
only Qllii attached dwelling unit to be exempted from GMQS.
Therefore, the proposed amendment to the GMQS exemption provision
is not in conflict with any applicable portions of the Code.
2. "Whether the proposed amendment is
consistent with all elements of the Aspen Area
Comprehensive Plan."
The proposed amendments are consistent with the Aspen Area
Comprehensive Plan, particularly in light of the recent proposals
for amendment to the master plan and the community input received
in the process. One of the primary concerns of the community is
the preservation of the scale and fabric of the City of Aspen. The
proposed amendments encourage residential uses in the Office Zone
District.
Concerns have been expressed in the master plan
regarding the drain of working residents to down valley locations.
By encouraging multi-uses of historic landmarks, the proposed
amendments will encourage owners and residents to remain in Aspen,
and to adaptively re-use Aspen's important historic resources.
4
,,.....,
.""",,
Therefore, the proposed amendments are consistent with all elements
of the Aspen Area Comprehensive Plan.
3. "Whether the proposed amendment is
compatible with surrounding zone districts and
land uses, considering existing land use and
neighborhood characteristics."
As discussed under Item 2 above, the proposed amendments are
compatible with existing land use and neighborhood characteristics
because they encourage the adaptive re-use of historic resources.
When the Code was drafted, no provisions were provided for multi-
use projects. With the rapid redevelopment of historic resources,
particularly in the Office Zone District, the proposed amendments
will encourage residential uses.
Therefore, the proposed
amendments are compatible with surrounding zone districts and land
uses,
considering
existing
land
use
and
neighboring
characteristics.
4. "The effect of the proposed amendment on
traffic generation and road safety."
The proposed Amendments will have no impact on traffic
generation and road safety. The Planning & Zoning Commission will
continue to have discretionary authority over granting GMQS
exemptions, and section 8-104.B.l(c)(2) permits the commission to
address parking considerations, traffic generation and road safety.
5. "Whether and the extent to which, the
proposed amendment would result in d.-..n.ds on
public facilities, and whether and the extent
to which the proposed amendment would exceed
the capacity of such public facilities,
including but not limited to transportation
facilities, sewage facilities, water supply,
parks, drainage, schools and emergency medical
facilities."
5
r--
.--.
The proposed amendments will not have any adverse impact on
demands for public facilities. Furthermore, to the extent that the
Commission finds that any specific development proposal would
result in additional demands on public facilities, the Commission
has the discretion not to grant the GMQS exemption.
6. "Whether and the extent to which the
proposed amendment would result in significant
adverse impacts on the natural environment."
The proposed amendments will not have any adverse impacts on
the natural environment.
The proposed amendments simply permit
adaptive re-use of historic structures.
Any approvals will
continue to be subject to Commission review and in the event any
adverse impact on the natural environment might be present, the
Commission has the authority to impose mitigation conditions.
7. "Whether the proposed amendment is
consistent and compatible with the community
character in the City of Aspen."
As discussed under Item 2 above, the proposed amendments are
consistent and compatible with the community character of Aspen.
The proposed amendments encourage adaptive multiple re-use of
historic structures. The proposed amendments address the absence
of Code provisions allowing multi-uses. The proposed amendments
encourage owners and residents to remain in the City of Aspen.
6
'""
.~
8. "Whether there have been changed
conditions affecting the subject parcel or the
surrounding neighborhood which support the
proposed amendment."
Historic resources are under redevelopment pressures, and the
proposed amendments encourage the adaptive multiple re-use of
historic structures, rather than demolition. By permitting multi-
uses in the Office Zone District, the amendments encourage
continued residential occupancy of those structures.
The Main
Street Office Zone District is undergoing rapid change. The,
proposed amendments would encourage owners to continue to reside on
Main Street, rather than converting historic structures into purely
commercial or office developments.
9. "Whether the proposed amendment would be
in conflict with the public interest, and is
in b........Qny with the purpose and intent of tills
chapter."
As discussed above, the proposed amendments are in the public
interest, since the purposes of the amendments include encouraging
the adaptive multiple re-use of historic structures, helping to
maintain the character of the City of Aspen, and discouraging
demolitions.
krabacher\docs\application
7
~. CITY OF ASPEN,""
....1'm-APPLICATION CONFERENCE _ .JlmARY
PROJECT:J~'^~:1' 0 ~~(")~.s
APPLICANT'S REPRESENTATIVE:
REPRESENTATIVE'S PHONE: ~~ - (Q ~()0)
-, 'v' ( ~
OWNER'S NAME: ~ \-:; ~ ., ~l ,"S, \ c...... -...... i'd. /')r, (' J\.P ".r--
SUMMARY
1.. . Type of Application~+ C1l.Iw\J)NUO ' l Co \1Y\0),~f)(~ ~
.
2. Describe action/type of development being requested:
C6\'fQ:-~ ~v~' AJn f-r / ,Nwi -to \ ~ ..Q-kf*9'V\~ '~~ ~ l~
D~~vd~\I'M\.JK ,~+:'r\N0MJ~~-t<:> ~~.,.:, ,\ .Q '('Q\lY\~~
VC7-r"? /~n\ \ '1it;O\'iov.>''\S''-.
, v '/ . ~~,~ ~7_ ~ro:. DMlll\.)(tF' 'l' )I~. hfl"'t"l--i Cl<\"\)~,
'3. Areas is which Applicant has been requested to respond,
types of reports requested:
. Policy Area/
Referral Aaent
,4A~~
Comments
4. C},1~~\~1?~z onltl> (CC onl~(P&Z--~~~~-~;~-ktt
Public Hearing: C'~O) , A }
Number of copies of the application to be :iubm~tted: ~
What fee was applica?~ ~e~ested to submit. 9 I ~
01'\u;\ QJ.v.0<l>;r'- C>...~_F\t,\'Y.'\VSQx~,
8. Anticlpated datk'of submission:
9. COMMENTS/UNIQUE CONCERNS!"~&c s;:: A Ie. I'e D Q n~ t\';~JJ (l:Lr
,n.-e. <0 ("') -=t5 ~ I t j
5.
6.
7.
frm.pre_app
EXHIBIT 1
."""'
.~
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
I. The names of all owners of the property are: B. Joseph
Krabacher and Susan S. Krabacher.
2. The property is subj ect to a mortgage or deed of trust in
favor of GMAC Mortgage corporation, P.O. Box 780, Waterloo, Iowa
50704 in the approximate amount of $218,000, a second mortgage or
deed of trust in favor of citicorp Mortgage, Inc., P.O. Box 790133,
st. Louis, Missouri 63179 in the approximate amount of $73,000, and
a third priority mortgage or deed of trust in favor of the Bank of
Aspen, 205 South Mill Street, Aspen, Colorado 81611, with a zero
current balance.
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 lib, 1992 KRABACHER, HILL & EDWARDS, P.C.
By: B~cher-
201 North Mill, Suite 201
Aspen, Colorado 81611
Telephone: (303) 925-6300
krabacher\docs\disclosure.1
a.....
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kwyersptle.
Insurance @rporation
! '..
..'iL,.,lt
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 corpOlation,
herein called the Company, insures. as of Date of Policy shown in Schedule A, against loss or damage. not exceeding the
amount of inslJrance 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 encumbranc~' 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 is
countersigned by an authorized officer or agent of the Company, aU in accordance with its By-Laws.
@.Ul}'eI8lIde Ins~e @poration
By: 01 Me. oJ ~6V'-
Attest: QIo.\. Or fJJ II!,. -~
() ffisecretary,
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"~I;~.. or::. /QO I ith... in . I ~ A
Cover Sheet AL T A Owner's Policy Form B - , 970
- - - ---
f""'"'. EXCLUSIONS FROM COVERAGE .~
The following matters are expressly excluded' .....Im the coverage of this policy:
1. (a) Governmental police power.
(b) Any law, ordinance or governmental regulation relating to environmental protection.
(e) Any law, ordinance or governmen~1 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 of
which the land is or was a pan.
(d) The effect of any violation' of the matters excluded under (a), (b). or (c) above. unless notice of a defect. lien or encumbrance resulting
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.
2. 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 disclos~ 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
1. Definition of Terms (c) The Compa'ny shall have the right at its own cost to institute and
The following terms when used in this policy mean: 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
rights or defenses the Company may have .had against the named establish the title to the estate or interest as insured. and the Company
insured. those who succeed to the interest of such insured by operation may take any appropriate action under the terms of this policy.
of law as distinguished from purchase including. but not limited to. whether or not it shall be liable thereunder. and shall not thereby
heir.s. distributees. dev!see~. survivors. personal representatives. next concede liability or waive any prOvision of this policy. .
of kin. .?' corporate ~r fldl!?lary s~ccessors. . . . ...:;::: - ~.:.:.._ (d) Whenever the Company. shall have brought any .Bctlon C?r
(b) ,"sured claimant: an Insured clalm'"9 loss or~amage ~. .>. interposed a defense as required or permitted by the prOVISion of thiS
hereunder. .~":';'::::'~';:;:;;~-'/;.:poJicy.. the Company may pursue any such litigation to final
(c) "knowledge": actual knowledge~ not constructive knowledge,iC?T ;. "~determination by a court of competent jurisdiction and expressly
notice which may be imputed to an IOsured by reason of any publiC , .~,:;.}:\ .'_reserves the right. in its sole discretion. to appeal from any adverse
records.",,-~jUdgment or order.
(d) "land": the land described. speCifically or by reference :In;, ' ,J~:~#~:~"";;'(~) InaU cases where this policy permits or requires the Company to
Schedule A, and improvements affixed thereto which by law constitutft~ e.l.~~ecute or provide for the defense of any action or proceeding. the
real property; provided. however. the term '.Iand" does not include any, t... 't;'>:"inaured' hereunder shall secure to the Company the right to so
pr~perty beyond the lines of .the ar.ea s~ecifically described or refer~:~ ~<<:'-.'-:\prosecute or provide defense in such action or proce.eding,. and' all
to In.Schedule A. nor any right. title. IOterest. estate or easement In~ t"",~'pJN.3:8Istherel':l. and permit the Company to use, at Its oPtion, the
abu~mg streE!ts, roads. a~nues. ~1I~ys. fanes. ways or ~terways. but:: ~. ....-:;)n8nte. of such Ir~sured for such purpose. Whenever requested ~ t~e
nothing herem shall modify or limit the extent to which. a flg~t of ~~""'Company. such Insured shaU. give the Company all reasonable aid m
access to and from the land is insured. by this policy. ~ j A -":any~:\~uch action or proceeding, in effecting settlement. securing
(e) '.mongage": mortgage. deed or trust. trust deed, or ~er ..-. ~. IiI e.vKfBn., ce'. obtaining witnesses. or prosecuting or defending such action
security instrument. '. . ';t 'r< ~or P.roceeding. and the Company shall reimburse such insured for any
(f) "public records'':.those re~ords which by law Impart constructlVItJ ~t~exp.dse,JK) incurred.
notice of matters relatlOg to said land. .'" ..~.~ '-=:LJi' ~j~ ;:r
'7? 'N'~''-
'\.. 4. NotIt,;1lfLo..-Umitlltion of Action
'In eddition to the notices required under paragraph 3(b) of these
Conditions.. and Stipulations, a $t8tement in writing of any loss or
damage for which it is claimed the Company is liable under this poliCY
shall be furnished to the Company within 90 days after such loss or
damage shall have been determined and no right of action. shall accrue
to an insured cleimant until 30 days after such statement shall have
been furnished. Failure to furnish such statement of loss or damage
shall terminate any liability of the Company under this policy as to such
loss or damage.
2. Continuation of Insurance after Conveyance of Title
The Coverage of this policy shall continue in force as of Date of Policy
in favor of an insured so long as such insured retains an estate or"
interest in the land. or holds an indebtedness secured by' a purchase
money mortgage given by a purchaser from such insured, or so long as
such insured shall have liability by reason of covenants of warranty
made by such insured in any transfer or conveyanc8 of such estate or
interest; provided. however. this poliCY shall. not continue in force in
favor of any purchaser from such insured of either said estate. or
interest or the indebtedness secured by a purchase money mongage
given to such insured.
3. Defense and Prosecution of Actions-Notice of Claim to be
given by an Insured Claimant
(a) The Company. at its own .cost an~ witho~~ u~due delt;'Y.. shall
provide for the defense of an Insured. In all IItl.gatlon consisting of
actions or proceedings commenced aga!nst such Insured or a defense
interposed against an insured in an action to enforce a contract for a
sale of thSi estate or interest in said land. to the extent that such
litigation is founded upc?n an all~ged .defect. lien. encumbrance. or
other matter insured against by thiS policy.
(b) The insured shall n~tify ,the CompanypromJ?tlV in writing (i) in
case any action or proceedmg IS begun or defense IS Interposed as set
forth in (a) above. (ij) in c~se k~owledge s~811. come to an insu~ed
hereunder of any claim of title or Interest which IS adverse to the title
to the estate or interest. as insured. and which might cause loss or
damage for which the Company '!lay be liable ~y virtue~f this. pOlicy. or
(Hi) if title to the estate or Interest. as Insured. IS rejected as
unmarketable. If such prompt notice shall not be given to the Company.
then as to such insured all liability of the Company shall cease and
terminate in regard to the matter or matters for which such prompt
notice is required; provided. however. .that failure tr -ify ~hall in no
,....'ie preiudice the rights of any such Insured undet ,. A policy unless
tt ! Company shan be prejudiced by such failure ana then only to the
_, _ _L ___:.....:_~
5. Options to Payor Otherwise Settle Claims
The Company shall have the option to payor otherwise senlefor or in
the name of an insured claimant any claim insured against or to
terminate all liability and obligations of the Company hereunder by
paying or tendering payment of the amount of insurance under this
policy together with any costs, attorneys' fees and expenses incurred
up to the time of such payment or tender of payment. by the insured
claimant and authorized by the Company.
6. Determination and Payment of Lo..
(a) The liability of the Company under this policy shall in no case
exceed the least of:
(i).the actual loss of the insured claimant; or
(ii) the amount of insurance stated in Schedule A.
(b) The Company will pay. in addition to any loss insured against by
this policy. all costs imposed upon an insured in litigation carried on by
the Company for such insured. and all costs. attorneys' fees and
expenses in litigation carried on by such insured with the written
authorization of the Comr--v.
(c) When liability has . 1 definitely fixed in accordance with the
conditions of this policy. 1..",' loss or damage shall be payable within 30
days thereafter.
~
.~
CONDITIONS AND STIPULATIONS-CONTINUED
1,. Subrogation Upon Payment or Settlement
Whenever the Company shall have settled a claim under this policy. an
right of subrogation shall vest in the Company unaffected by any act oftha
insured claimant. The Company shall be subrogated to and be entitled to
all rights and remedies which such insured claimant would have had
against any person or property in respect to such claim had this poticy not
been issued. and if requested by the Company, such insured claimant
shall transfer lathe Company all rights and remedies against any person
or property necessary in order to perfect such right of subrogation and
shall permit the Campanyto use the nameot such insured claimant in any
transaction or litigation involving such rights or remedies. If the payment
does not cover the loss of such insured claimant. the Company shall be
subrogated to such rights and remedies in the proponior'l which said
payment bears to the amount of said loss. If loss should result from any
act of such insured claimant. such act shall not void this policy, but the
Company, in that event, shall be required to pay only that pan of any
losses insured against hereunder which shan exceed the amount, if any,
lost to the Company be reason of the impairment of the right of
subrogation.
<~:;~---
9. LiabilitY Noncumulative , "~~-.:.:::::.:~:.:::.,~~:::~~'....
It is expressly understood that the amount of insurance uncter,this:':,o,t~:::<,::"":,,~,:-,,,
policy shall be reduced by any amount the Company may pay underanv" ,:.~~~";::-~~.
policy insl.!rin~ eit~er (a) a mongage ~hown or referred to !" Sc~edule B :.}?:.::,:, 't:2~.ti1ib1nty Limited to this Policy
hereof whIch IS a hen onthe estateor,mterest co~ere,d by thIs pohey! cr(~) ~- ',' '.This'instrument together with all endorsements and other instruments,
a mortgage he~eafter execut~ by an msured wh!ch IS a charge ,orhenon . ,~\i:ttached hereto by the Company is the entire policy and contract
the estate orl~terest descnbed or referred to In SchedL!'e A.,_.and the: " 'een"the insured and the Company.
amount so paId shall be d~emed a payment under thlspohcy.-Thet: X )Any,~aimoflossordam8ge.whetherornotbasedonnegligence,and
Company shall have the optIon t~ apply to the payment of_any, such_ :;~\ '~t1 WfIiiSh'arises out ofthe status ofthe title to the estate or interest covered
~ortgages any amount that othe~wlsewould be payable;here1:!nderto the' ,t".., ',', :,/l--,' "" Vi/or any action asserting such claim. shall be restricted to the
Insured owne~ of the estate or Interest covered by thl~ poh~ and t~.h \ :';\~awtsionsand conditions and stipulations of this policy.
~mount so paid shall be deemed a payment under this policy to saId ',_::;::;..:J.! ;,~amendment of or endorsement to this policy can be made except by
Insured owner. 'J:; ';"im ~ wi~g .,endorsed hereon or attached hereto signed by either the
''": ",; ~,' :'1, P,,"'ent. a Vice President, the Secretary, an Assistant Secretary, or
1 O. Apportionment '.:::* . -,-',:~ :% ~ :j I v8l~ting officer or authorized signatory of the Company.
If the land described in Schedule A consists of twO or more parcel. ~ ~''3 ~1' 4<.,
which are not used as a single site. anda loss isestablishedaffecting,one ,_;;,'f;,- ;,<, 'j <,
or more of said parcels but not all, the loss shall be computed and settled _. >Z
on a pro rata basis as if the amount of insurance underthis policy was .J.';;
divided pro rata as to the value on Date of Policy of each separate parcel to
the whote. exclusive of any improvements made subsequent to Date of
Policy, unless a liability or value has otherwise been agreed upon as to
each such parcel by the Company and the insured at the time of the
issuance of this policy and shown by an express statement herein orby an
endorsement attached hereto;
7. limitation of Uability
No claim shall arise or be maintainable under this policy (a) if the
Company. after having received notice of an, alleged defect. lien or
encumbrance insured against hereunder. by litigation or otherwise.
removes such defect. lien or encumbrance or establishes the title. as
insured. within a reasonable time after receipt of such notice: (b) in the
event of litigation until there has been a final determination by a court of
competent jurisdiction, and,disposition of all appeals therefrom, adverse
to the title, as insured. as provided in paragraph 3 hereof: or (c) for liability
voluntarily assumed by an insured in settling any claim or suit without
prior written consent of the Company.
8. Reduction of Liability
All payments under this policy, except payments made for costs.
attorneys' fees and expenses, shall reduce the amount of the insurance
pro tanto. No payment shall be made without producing this policy for
endorsement of such payment unless the policy be lost or destroyed, in
which case proof of such loss or destruction shall be furnished to the
satisfaction of the Company.
..~
13. Notices. Where Sent
All..notices required to be given the Company and any statement in
writing required to be furnished the Company shall include the number of
this policy and shall be addressed to its Corporate Headquarters. 6630
West Broad Street. Richmond. Virginia. mailing address: P.O. Box 27567
Richmond, Virginia 23261. .
fu..wyers l1tle Insurance (9rporation
National Headquarters - Richmond, Virginia
,.....,
,--
A WORD OF THANKS...
As we make your policy a part of our permanent records. we want to express our
appreciatio,n 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 contacllhe
office that issued your policy or you may write to:
Consumer Affairs Department
fu..U1)'elS 'Fde Insurance @rporation
p,o, Box 27567
Richmond. VIrginia 23261
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~wyers1itle
Insurance @rporation
POLICY OF TITLE INSURANCE
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B. JOSEPH KRABACHER
SUSAN S. KRABACHER
706 WEST HAIN STREET
ASPEN, COLORADO 81611
Aspen/Pitkin Planning Office
City Hall
l30 South Galena, Third Floor
Aspen, Colorado 81611
Re: Authorization for Representation
Ladies and Gentlemen:
This letter will constitute the authorization for B. Joseph
Krabacher of Krabacher, Hill & Edwards, P.C., 201 North Mill, Suite
201, Aspen, Colorado 81611 to represent B. Joseph Krabacher and
Susan Scott Krabacher, with respect to a Land Use Application for
an Amendment to the text of the Municipal Code Land Use Regulations
and all matters related thereto.
~
B. Jos.!J!PhK;:abacher
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Susan Scott Krabacher
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VICINITY MAP
EXHIBIT 4
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THIRD
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lAND USE APPUCATICN FClRK ,.-,
1)
P.roject Name
Aspen Antique Brokers, Ltd.
2) P.roject Location 706 West Main Street, Aspen. Colorado 81611
Lot Q and West 20 feet of Lot R, Block 18. Citv and Townsite of As~en
(:indicate street: a..lh.""""" lot & block p1lllh<>r, legal descripl::ion wheJ:e
c2HJL'-'I:'Liate) ,
3)
Present ZoninJ
"0" Office Zone
4) IDt size 5000 so. ft.
5) AJ;p1icant's Name, 1IddJ::ess & B10ne f B. Joseph and Susan S. Krabacher
706 West Main Street, Aspen, Colorado 81611 (303) 925-7818
6) ~ iO .d.ative's Name, Alll. ~ & B1cne I B. Joseph Krabacher, 201 North Mill St.,
Suite 201, Aspen, Colorado 81611 (303) 925-6300.
7) Type of Awl i""ticn (pt-- c:hec:k all that aallY):,
a:nlitiona1 Use
_ Coooeptua1 SPA
Final SPA
_ Coooeptua1 Historic Dev.
Final Historic Dev.
Speci ",1 Revi.ew
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8040 Greenline,
~ SL...eam Mn'gin
_ Coooeptua1, roD
Final. roD
_ MiJxlr Histaric I:lev.
_ Historic J'l<>nnl ition
_ Historic Designation
_ QQS Allotment
- QQS ExeDpti.an
'" , Mcunta.in Vi.eII Plane SUI:ldi.visi.a1'
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aniaDini.umizat, ~ Text:/M:lP AmeI.diuc...d.
_ IDt splitjIDt Line
1ldju..L..::.d:
8)
Descript:ian of 'EK:ist:iDJ Uses. (I"........... ani ,type of exist:iD;J sb:uc:bD:es;
~ sq. ft.; 1'"........... of btodLYYID: any p:eviaJs ag;u:cvals YLClld.o:ld to the
J:>LUf?='ty) .
Single family residencerof approximately 1700 sq. ft.; one bedroom; previous
approvals include Code Amendment for non-conforming lot containing historic landmark,
historic designation, and conditional use approval for antique store
9) Descript:ian of De!ve]..1..~.L 1Ippli.c:ati.an
ProDo~p.d a1!lfmdmp.nt 'to Offir'p !to" 'lnnp n;afor-irof- 1-n o....."".....ri p<jp.......-:ttg-J 11<"'Qg -:1'RQ prQPosed
amendment to GMQS exemptions to permit p&Z exemption, for multi-use historic landmark.
10)
Have pI at:tadled the foll.c:lwinft
XXXXXX Respalse to Att:ac:hment 2, Hinimm Snhni....i<:n O:lnt:ents
XXXXXX Response to At:tadlIIe1t 3, Spe<"'ifia !'lnhni....i"'1 <L.d:o:..L""
XXXXXX Response to Att= ~ ...-..t; 4, Revi.ew standards far Your AIPliC"'\tian
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LAW OFFICES
KRABACHER, HILL & EDWARDS
PROFESSIONAL CORPORATION
JEROME PROFESSIONAL SUIWING
201 NORTH MILL STREET
ASPEN, COLORADO 81611
S. JOSEPH KRASACHER
THOMAS C. HILL
JOSEPH E. EDWARDS,III
OF COUNSEL
JOSEPH E. EDWARDS, JR.
May 19, 1992
Aspen/pitkin Planning Office
City Hall
130 South Galena, Third Floor
Aspen, Colorado 81611
Attention: Leslie Lamont
Re: Application for Code Amendments
Dear Leslie:
MAY I 9
TELEPHONE
(303) 925.6300
13031925.711.
TELECOPIER
(303) 925--1181
I am enclosing four copies of the Application for Amendments
to the Text of the Municipal Code of the city of Aspen, Colorado
that we discussed on April 9, 1992. As you indicated at that
meeting and on the pre-application Conference Summary, there is no
filing fee for the Code Amendment (although there will be a filing
fee for the Planning and Zoning GMQS exemption, which I intend to
incorporate in my HPC Application. If you would like to rework the
language of the proposed amendments, please feel free to do so. We
are anxious to proceed with having this matter heard as soon as
possible.
Please let me know if you have any questions.
By:
KRABACHER, HILL & EDWARDS, P.C.
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Enclosures as recited
krabacher\ltrs\lamont.1