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ORDINANCE NO. 40
(SERIES OF 2005)
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AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING THE ASPEN
HISTORICAL SOCIETY LOT SPLIT, CONDITIONAL USE, AND
ESTABLISHMENT OF SIXTEEN (16) HISTORIC TRANSFERABLE
DEVELOPMENT RIGHTS FROM PARCEL 2 OF THE LOT SPLIT, 620 W.
BLEEKER STREET, CITY OF ASPEN, PITKIN COUNTY, COLORADO.
ParcellD#2735-124-31-801
WHEREAS, the Community Development Department received an application
from the Aspen Historical Society ("Applicant"), requesting approval of a subdivision
exemption request for a lot split, a conditional use, and the establishment of sixteen (16)
historic transferable development rights, to split off a 9,000 square foot parcel from the
53,400 square foot property at 620 E. Bleeker Street (Wheeler/Stallard Museum) and sell
the development rights associated with the 9,000 square foot parcel in the form of sixteen
(16) historic transferable development rights of 250 square feet each; and,
WHEREAS, pursuant to Land Use Code Section 26.304.060(B), Combined
Reviews, the Community Development Director in consultation with the applicants has
concluded that a combined review of the land use requests associated with this
application would reduce duplication and ensure economy of time, expense, and clarity;
and,
WHEREAS, upon review of the application and the applicable code standards,
the Community Development Department recommended approval of the proposal, with
conditions; and,
WHEREAS, during a duly noticed public hearing on August 16, 2005, the
Planning and Zoning Commission reviewed the Conditional Use portion of the
application and approved Resolution No. 27, Series of 2005, recommending that City
Council approve the requested conditional use to establish the existing operational
characteristics and dimensions for the museum use on the smaller 44,400 square foot
parcel that would result from the associated lot split; and,
WHEREAS, during a duly noticed public hearing on October II, 2005, the
Aspen City Council approved Ordinance No. 40, Series of 2005, by a _ to _ L-
~ vote, approving with conditions, a lot split, a conditional use, and the establishment
of sixteen (16) historic transferable development rights, to split off a 9,000 square foot
parcel from the 53,400 square foot property at 620 E. Bleeker Street (Wheeler/Stallard
Museum) and sell the development rights associated with the 9,000 square foot parcel in
the form of sixteen (16) historic transferable development rights of 250 square feet each;
and,
WHEREAS, the Aspen City Council has reviewed and considered the development
proposal under the applicable provisions of the Municipal Code as identified herein, has
reviewed and considered the recommendation of the Planning and Zoning Commission, the
Community Development Director, the applicable referral agencies, and has taken and
considered public comment at a public hearing; and,
WHEREAS, the City Council finds that the development proposal meets or exceeds
all applicable development standards and that the approval of the development proposal,
with conditions, is consistent with the goals and elements of the Aspen Area Community
Plan; and,
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for
the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO THAT:
Section 1:
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code,
City Council hereby approves the Aspen Historical Society lot split, conditional use, and
the establishment of sixteen (16) historic transferable development rights, to split off a
9,000 square foot parcel from the 53,400 square foot property at 620 E. Bleeker Street
(Wheeler/Stallard Museum) and sell the development rights associated with the 9,000
square foot parcel (Parcel 2 of the Lot Split) in the form of sixteen (16) historic
transferable development rights of 250 square feet each, with the conditions contained
herein:
Section 2: Subdivision Exemption Plat and Ae:reement
The Applicant shall record a subdivision exemption agreement that meets the
requirements of Land Use Code Section 26.480 within 180 days of approval.
Additionally, a subdivision exemption plat shall be recorded in the Pitkin County Clerk
and Recorder's Office within 180 days of the final approval and shall include the
following:
a. A final plat meeting the requirements of the City Engineer showing the boundaries
of Parcel I and Parcel 2 of the Aspen Historical Society Lot Split.
b. A plat note indicating that the allowable FAR on Parcel 2 of the Historical Society
Lot Split (9,000 square foot parcel) shall be equal to the 4,080 square feet allowed
minus the amount of FAR sold off as TDRs (16 TDRs multiplied by 250 square feet
each equals 4,000 square feet) due to the establishment of the sixteen (16)
transferable development rights from Parcel 2. The plat note shall also indicate that
the Historical Society proposed to sterilize and forgo the remaining 80 square feet
of FAR on Parcel 2, a condition which the City accepts.
Section 3: Museum Parcel Allowable FAR
The allowable FAR for the museum use on the revised museum parcel (parcel consisting of
44,400 square feet after the lot split) shall be limited to the FAR of the existing museum
structure and associated carriage house (calculated to be 5,793 square feet by the Applicant).
Section 4: Amendments to Museum Conditional Use
Any changes to the existing development or operational characteristics of the museum shall
require review and approval of a conditional use amendment by the City of Aspen
Community Development Director or Aspen Planning and Zoning Commission, depending
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on the magnitude of the change. The Community Development Director shall determine
whether such an amendment shall require review by the Planning and Zoning Commission
based on the procedures and guidelines established in Land Use Code Section 26.425,
Conditional Use.
Section 5: Development on Parcel 2
The 9,000 square foot parcel (Parcel 2 of the Lot Split) created through the lot split request
shall not be used for anything other than the establishment of sixteen (16) Historic TDRs to
be sold and used on other parcels of land throughout the City of Aspen pursuant to the
procedures and guidelines established in Land Use Code Section 26.535, Transferable
Development Rights. A plat note to this affect shall be included on the lot split plat to be
recorded as required in Section 2 above.
Section 6: Establishment of TDRs
The sixteen (16) Historic Transferable Development Rights being established herein shall
only be extinguished in compliance with the requirements established in Land Use Code
Section 26.535.060, Procedure for Extinguishing a Historical Transferable Development
Right Certificate, and Land Use Code Section 26.535.080, Review Criteria for
Extinguishment of a Historic Transferable Development Right, in effect at the time of
extinguishment. A mutually agreed upon real estate closing date shall be scheduled
between the City and the Applicant, at which time a deed restriction shall be executed
and recorded (at the Pitkin County Clerk and Recorder's Office) for Parcel 2, removing
the 4,000 square feet (250 square feet of FAR multiplied by 16 TDRs) of allowable FAR
from the parcel, and executing and delivering sixteen (16) Historic Transferable
Development Right Certificates to the Applicant numbered: HSLot2-1 through HSLot2-
16. The real estate closing and the establishment of the Historic Transferable
Development Right Certificates shall only take place after the recordation of the
subdivision exemption agreement and plat.
Section 7:
This Ordinance shall not affect 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 construed and concluded under such
prior ordinances.
Section 8:
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof.
Section 9:
A public hearing on the ordinance shall be held on the 11th day of October, 2005, in the City
Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (IS) days prior to which
hearing a public notice of the same shall be published in a newspaper of general circulation
within the City of Aspen.
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INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 12tl1 day of September, 2005.
Helen Kalin Klanderud, Mayor
Attest:
Kathryn S. Koch, City Clerk
FINALLY, adopted, passed and approved by a vote of _ to _ L-~, this II'"
day of October, 2005.
Helen Kalin Klanderud, Mayor
Attest:
Kathryn S. Koch, City Clerk
Approved as to form:
John P. Worcester, City Attorney
VUle
MEMORANDUM
Mayor Klanderud and City Council /0.0 t~ oV\. tv
Ch", Bmdoo, o,mmoo;'y D~,I"pm'" D;recto, (1j.Wj /t'pplO~
James Lindt, Senior Planner(Jk X- .~ ~~ J
Aspen Historical Society Conditional Use Review, Lot Split, and ~stablishment of '3--1
Historic Transferable Development Right Certificates, 2nd Reading of Ordinance
No. 40, Series of 2005-Public Hearine:
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TO:
THRU:
FROM:
RE:
DATE: October 11, 2005
ApPLICANT:
Aspen Historical Society
LOCATION:
620 W. Bleeker Street
ZONING:
R-6 Zone District
REVIEW PROCEDURE:
Lot Split. Establishment afRistorie TDRs.
Conditional Use:
City Council shall approve, approve with
conditions, or deny the request for the
Subdivision Exemption for a Lot Split, and the
Establishment of Historic TDRs. The
Applicant also requested the ability to combine
the review of the conditional use request with
the other land use actions being requested
pursuant to Land Use Code Section
26.304.060(B)(l), Combined Reviews.
Therefore, City Council shall also be the final
review authority on the conditional use request
after considering a recommendation from the
Planning and Zoning Commission.
ST AFF RECOMMENDATION:
Approval with conditions.
PLANNING AND ZONING COMMISSION
RECOMMENDATION ON CONDITIONAL USE:
Approval with Conditions.
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Photo Above: Portion of Parcel to be split
offfrom Historical Society Parcel.
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SUMMARY:
The Aspen Historical Society ("Applicant") has requested approval of a lot split to split off a
9,000 square foot portion of the existing 53,400 square foot Wheeler/Stallard Museum parcel at
620 W. Bleeker Street and sell off the development rights in the form of Historic Transferable
Development Rights (TDRs). The conditional use request is necessary to establish the existing
dimensional requirements and operations for the Wheeler/Stallard Museum on the new museum
parcel size of 44,400 square feet (after the lot split) since the museum use is a conditional use in
the R-6 Zone District in which it is located. It should be noted that the Applicant has proposed to
sell ofT all of the development rights as Historic TDRs on the 9,000 square foot lot to be created
through the proposed lot split and the new 9,000 square foot lot will contain no new
development.
LAND USE REQUESTS AND PROCEDURES:
The Applicant has requested approval of the following land use actions:
. Subdivision Exemption for a Lot Split.
. Establishment of Historic Transferable Development Rights.
. Conditional Use Review.
The Applicant has also requested the ability to combine the review of the conditional use request
with the review of the lot split and TDR establishment requests pursuant to Land Use Code
Section 26.304.060(B)(l), Comhined Reviews. In response to the Applicant's request to combine
the reviews, the Community Development Director has approved the ability to combine the
reviews of the conditional use request and the other requests so that City Council is the final
review authority on all of the actions, finding that combining the reviews will ensure clarity.
STAFF COMMENTS:
As was described above, the Applicant is proposing to split off a 9,000 square foot parcel on the
southwest corner of the existing museum parcel in order to sell off the development rights
associated with the new parcel pursuant to the City's Historic TDR program. As a result of
establishing the new lot for the purpose of selling off TDRs, the new 9,000 square foot lot would
be sterilized from development.
Lot SoW:
The proposed lot split appears to satisfy the review standards for approving a lot split pursuant to
Land Use Code Section 26.480/030(A)(2), Lot Split. The proposed lot split does not split the
parcel into more than two (2) lots and the lot sizes conform to the minimum lot size requirements
of the underlying R-6 Zone District, in that each of the proposed parcels exceed 6,000 square
feet. Additionally, the proposed lot split would not create a non-conformity with regards to the
existing conditions as long as the associated conditional request is approved to establish the
allowable dimensions and operational requirements for the museum use as what currently exists
on the site. Please see Staff s discussion on the conditional use request below.
Conditional Use: Imvacts orProvosal on Museum Overations:
In evaluating the request to establish the allowable dimensions and operations for the museum
use on the property as the existing museum dimensions and operations, Staff does not believe
that proposal will have any visual or operational impacts on the site. Moreover, the Applicant
will be able to split the lot and sell off the proposed sixteen (16) TDRs since the lot split will not
create a non-conformity with regards to the FAR of the existing buildings on the site, given that
the museum FAR will be locked in as a result of the conditional use request. The Planning and
Zoning Commission reviewed the conditional use portion of the application and unanimously
recommended that City Council approve the conditional use request with the conditions
proposed in the attached ordinance.
Growth Manazement:
As far as growth management is concerned, no employee housing mitigation is required to split
the lot and sell off the sixteen (16) TDRs from the newly created 9,000 square foot parcel
because the fathering parcel is exempt from growth management pursuant to Land Use Code
Section 26.470.070(A)(4), Exempt Development: Single:family and Duplex Development on
Historic Landmark Properties, since it is designated to the Aspen Inventory of Historic Sites and
Structures. Additionally, the establishment of TDR certificates is exempt from growth
management pursuant to Land Use Code Section 26.470.040(A)(6), Exempt Development:
Transferable Development Rights.
ISSUES FROM FIRST READING:
Sharinz Impact or Extinzuishinz Historical Societv 's TDRs with the Countv:
At first reading of the ordinance, City Council discussed whether to set up a work session with
the Board of County Commissioners to talk about setting up a program to land TDRs in the
County, since there had been some discussion that was brought to Staff s attention that implied
that the County should share in absorbing the impact of extinguishing the Historical Society's
TDRs. It was apparent based on Council's comments at first reading that the majority of the
Council members feel that setting up a process by which the County would receive historic
TDRs or any TDRs from the City would be contrary to the infill program's philosophy and
AACP's policies of concentrating growth within the City and limiting growth outside the City's
confines.
Future Lot Splits:
City Council inquired about whether the Historical Society could split off additional parcels from
the Wheeler/Stallard property in the future for the creation of more than the sixteen TD Rs that
they are proposing to create as part of this application. In looking at the lot split review
standards, there is a criterion that requires that the two parcels created by the lot split could not
be divided further through the lot split process pursuant to Land Use Code Section
26.480.030(A)(2)( c).
Alternatively, the Applicant could apply for a full subdivision in the future to further subdivide
the parcel on which the museum is located, but they would also need to obtain development
rights for parcels created by such a subdivision prior to establishing additional TDRs. In
conjunction with such a request, the Applicants would need a conditional use approval to
establish the museum conditional use on a smaller parcel as they have requested in conjunction
with their current lot split application. If City Council does not want the Historical Society to
be able to subdivide the parcel further in the future to create additional TDRs, Staffwonld
recommend that Council amend Section 3 of the proposed ordinance to add language
prohibiting further subdivision of the museum parcel. It should be noted, however, that a
future Council could reverse this restriction.
Restrictions on Wheeler/Stallard Museum:
At first reading of the proposed ordinance, a member of the public suggested that the City look at
our policy regarding our acknowledgement and enforcement of private restrictions, covenants,
and easements that the City is not party to. Related to this case, the charter of the
Wheeler/Stallard Museum and the associated warranty deed from the Paepcke Estate (re-attached
as Exhibit "C") apply private covenant restrictions on the museum that states that the site should
only be used as a museum and that the unimproved land on the site be used for a public park.
This is a private covenant restriction, for which the City has no jurisdiction to enforce. The City
Attorney has interpreted that the City has no legal right or responsibility to enforce such private
restrictions. As a practical matter, there are numerous private restrictions (private homeowner
restrictions, private deed restrictions, and private easements) that are in place throughout the
City, many of which are not compliant or consistent with the terms of the land use code, which
would be very difficult for Staff to enforce even if the City had the legal right and responsibility
to enforce them.
Nonetheless, Staff feels that the proposal would be consistent with this restriction in that the
Applicant is not proposing to develop any additional structures on the site. Staff has included a
condition of approval reinforcing that no additional development will occur on the fathering
parcel consisting of 53,400 square feet without obtaining a conditional use amendment and that
the new parcel to be created through the lot split be sterilized from development due to the
creation of the proposed sixteen (16) TDRs.
STAFF RECOMMENDATION:
Staff finds that the applicable review standards have been satisfied by the proposal and Staff
recommends approval of the proposed lot split, conditional use, and establishment of sixteen (16)
Historic TDRs with the conditions contained in the proposed ordinance.
PLANNING AND ZONING COMMISSION RECOMMENDATION:
The Planning and Zoning Commission reviewed the proposed conditional use request and
unanimously recommended that City Council approve the request with conditions. The Planning
and Zoning Commission's resolution was attached in the first reading packet and meeting
minutes are attached as Exhibit "F".
CITY MANAGER'S COMMENTS:
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RECOMMENDED MOTION: (ALL MOTIONS ARE MADE IN THE AFFIRMA T1VE)
"I move to approve Ordinance No. 40, Series of 2005, approving with conditions, the Aspen
Historical Society Lot Split, Conditional Use, and Establishment of sixteen (16) Historic TDRs
at 620 W. Bleeker Street, City and Townsite of Aspen."
A TT ACHMENTS:
Exhibit "A"- Review Criteria and Staff Responses
Exhibit "B"- Application (Provided in IS' Reading Packet)
Exhibit "C"- Warranty Deed
Exhibit "D"- County Referral Comments (Provided in 1st Reading Packet)
Exhibit "E"- Planning and Zoning Commission Resolution (Provided in I st Reading Packet)
Exhibit "F"- Planning and Zoning Commission Minutes
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EXHIBIT A
HISTORICAL SOCIETY LOT SPLIT
REVIEW CRITERIA & STAFF FINDINGS
26.480.030 Standards applicable to all lot splits.
When considering a development application for a lot split, City Council shall consider whether
all of the following standards are met, as applicable.
A. The land is not located in a subdivision approved by either the Pitkin County
Board of County Commissioners or the City Council, or the land is described
as a metes and bounds parcel which has not been subdivided after the
adoption of subdivision regulations by the City of Aspen on March 24, 1969.
This restriction shall not apply to properties listed on the Aspen Inventory of
Historic Landmark Sites and Structures.
Staff Finding
The Wheeler/Stallard parcel is not located in a subdivision approved by the B.O.C.C. or by City
Council. Staff finds this criterion to be met.
B. No more than two (2) lots are created by the lot split, both lots conform to the
requirements of the underlying zone district. Any lot for which development
is proposed will mitigate for affordable housing pursuant to Section
26.470.040(B)(I).
Staff Finding
The proposed lot split does not split the parcel into more than two (2) lots and the lot sizes
conform to the minimum lot size requirements of the underlying R-6 Zone District, in that each
of the proposed parcels exceed 6,000 square feet. Additionally, the proposed lot split would not
create a non-conformity with regards to the existing conditions as long as the associated
conditional request is approved to establish the allowable dimensions and operational
requirements for the museum use as what currently exists on the site. Staff finds this criterion
to be met.
C. The lot under consideration, or any part thereof, was not previously the
subject of a subdivision exemption under the provisions of this Chapter or a
"lot split" exemption pursuant to Section 26.470.040 (C)(I)(a).
Staff Finding
Staff finds that the subject property has not previously been subject to a subdivision
exemption or lot split. Staff finds this criterion to be met.
D. A subdivision plat which meets the terms of this Chapter, and conforms to the
requirements of this Title, is submitted and recorded in the office of the Pitkin
Connty Clerk and Recorder after approval, indicating that no further
subdivision may be granted for these lots nor will additional units be built
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without receipt of applicable approvals pursuant to this Chapter and growth
management allocation pursuant to Chapter 26.470.
Staff Finding
No further subdivision will be granted on the parcels created by this lot split. Additionally,
receipt of applicable growth management approvals would be required to construct an
additional unit on this site pursuant to Chapter 26.470. The required subdivision plat with a
note allowing no further subdivision of the newly created parcels, as approved by City
Council, will be submitted by the Applicant and recorded in the office of the Pitkin County
Clerk and Recorder. Staff finds this criterion to be met.
E. The subdivision exemption agreement and plat shall be recorded in the office
of the Pitkin County Clerk and Recorder. Failure on the part of the applicant
to record the plat within one hundred eighty (180) days following approval by
the City Council shall render the plat invalid and reconsideration of the plat
by the City Council will be required for a showing of good cause.
Staff Finding
The Applicant shall record the required subdivision plat within one hundred and eighty (180)
days of approval by the City Council. Staff finds this criterion to be met.
F. In the case where an existing single-family dwelling occupies a site which is
eligible for a lot split, the dwelling need not be demolished prior to application
for a lot split.
Staff Finding
No single-family residence exists on the property currently. Therefore, Staff finds this
criterion not to be applicable to this application.
G. Maximum potential build out for the two (2) parcels created by a lot split shall
not exceed three (3) units, which may be composed of a duplex and a single-
family home.
Staff Finding
Upon approval of this Subdivision Exemption for a Lot Split, the Applicant proposes to sell of
the development rights associated with the development that would be allowed on the new
9,000 square foot parcel in the form of Historic TDRs. There will be no additional dwelling
units built as a result of this lot split proposal. Staff finds this criterion to be met.
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EXHIBIT A
HISTORICAL SOCIETY ESTABLISHMENT OF HISTORIC TDRs
REVIEW CRITERIA & STAFF FINDINGS
26.535.070 Standards applicable to an Establishment of Historic TDRs
When considering a development application for the Establishment of Historic TDRs, City
Council shall consider whether all of the following standards are met, as applicable.
A. The Sending Site is a Historic Landmark on which the development of a single-
family or duplex residence is a permitted use, pursuant to Chapter 26.710.
Properties on which such development is a conditional use shall not be eligible.
StafIFinding
The sending site is the new parcel that is to be separated from the Wheeler/Stallard parcel. The
new lot would have the ability to have a single-family or duplex constructed on it since it is
zoned R-6. Also, since the fathering parcel is designated as a historic landmark, the new parcel
to be created through the lot split also maintains the historic designation. Staff finds this
criterion to be met.
B. It is demonstrated that the Sending Site has permitted unbnilt development rights,
for either a single-family or duplex home, equaling or exceeding two-hundred and
fifty (250) square feet of Floor Area multiplied by the number of Historic TDR
Certificates requested.
Staff Finding
If the associated lot split request is approved, the new parcel will have 4,080 square feet of
allowable FAR for the development of a duplex or 3,660 square feet of allowable FAR for a
single-family residence. The sixteen (16) TDRs proposed equate to 4,000 square feet of FAR to
be sold of I Staff finds this criterion to be met.
C. It is demonstrated that the establishment of TDR Certificates will not create a
nonconformity. In cases where nonconformity already exists, the action shall not
increase the specific nonconformity.
Staff Finding
The establishment of TDR Certificates will not create a non-conformity. If the associated lot
split is approved, the new parcel will have a total of allowable FAR of 4,080 square feet. The
establishment of sixteen (16) TDRs will equate to 4,000 square feet. Staff finds this criterion to
be met.
D. The analysis of unbuilt development right shall only include the actual built
development, any approved development order, the allowable development right
prescribed by zoning, and shall not include the potential of the Sending Site to gain
Floor Area bonuses, exemptions, or similar potential development incentives.
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Staff Finding
If the associated lot split is approved, the Applicant will have 4,080 square feet of unbuilt,
allowable FAR pursuant to the R-6 Zone District requirements. Staff finds this criterion to be
met.
E. Any development order to develop Floor Area, beyond that remammg legally
connected to the property after establishment of TDR Certificates, shall be
considered null and void.
Staff Finding
If the associated lot split is approved, the new parcel will have a total of allowable FAR of
4,080 square feet. The establishment of sixteen (16) TDRs will equate to 4,000 square feet.
Staff finds this criterion to be met.
F. The proposed deed restriction permanently restricts the development of the
property (the Sending Site) to an allowable Floor Area not exceeding the allowance
for a single-family or duplex residence minus two hundred and fifty (250) square
feet of Floor Area multiplied by the number of Historic TDR Certificates
established. The deed restriction shall not stipulate an absolute Floor Area, but
shall stipulate a square footage rednction from the allowable Floor Area, as may be
amended from time to time. The Sending Site shall remain eligible for certain
Floor Area incentives and/or exemptions as may be authorized by the City of
Aspen Land Use Code, as may be amended from time to time. The form of the
deed restriction shall be acceptable to the City Attorney.
Staff Finding
A deed restriction will be recorded sterilizing the new 9,000 square foot parcel to be created
through the lot split from future development since the floor area will be allocated for Historic
TORs. Staff finds this criterion to be met.
G. A real estate closing has been scheduled at which, upon satisfaction of all relevant
requirements, the City shall execute and deliver the applicable number of Historic
TDR Certificates to the Sending Site property owner and that property owner shall
execute and deliver a deed restriction lessening the available development right of
the subject property together with the appropriate fee for recording the deed
restriction with the Pitkin County Clerk and Recorder's Office.
Staff Finding
Upon approval of the establishment of the sixteen (16) TDRs and the associated land use
requests, the City shall schedule a real estate closing to execute the deed restrictions and deliver
the applicable TDR Certificates. Staff finds the criterion to be met.
H. It shall be the responsibility of the Sending Site property owner to provide building
plans and a zoning analysis of the Sending Site to the satisfaction of the Community
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Development Director. Certain review fees may be required for the confirmation
of built Floor Area.
Staff Finding
The sending site will be a vacant, newly created parcel. Therefore, no
confirmation of the existing FAR is necessary since the site is vacant.
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EXHIBIT A
HISTORICAL SOCIETY CONDITIONAL USE
REYIEW CRITERIA & STAFF FINDINGS
26.425.040 Standards applicable to all conditional uses.
When considering a development application for a conditional use, the Planning and Zoning
Commission shall consider whether all of the following standards are met, as applicable.
A. The conditional use is consistent with the purposes, goals, objectives and standards
of the Aspen Area Community Plan, with the intent of the zone district in which it is
proposed to be located, and complies with all other applicable requirements of this
Title; and
Staff Finding
Staff bel ieves that the proposed conditional use amendment is consistent with the goals set forth
in the AACP related to preserving Aspen's irreplaceable historic resources by acting as part of
the catalyst in allowing for the Historical Society the ability to create sixteen (16) TDRs to sell
off in order to remain viable financially. Moreover, Staff feels that the proposed amendment will
preserve the character of the site by establishing the allowable FAR for the newly configured
museum parcel as the FAR of the existing development on the site. Staff finds this criterion to
be met.
B. The conditional use is consistent and compatible with the character of the
immediate vicinity of the parcel proposed for development and surrounding land
uses, or enhances the mixtnre of complimentary uses and activities in the immediate
vicinity of the parcel proposed for development; and
Staff Finding
Since the intent of the proposed conditional use amendment is simply to reestablish the existing
development as the approved site-specific development plan on the new museum parcel size of
44,400 square feet (in conjunction with the proposed lot split), Staff believes that the museum's
use and operational characteristics are not changing as a result of the proposed amendment.
Staff finds this criterion to be met.
C. The location, size, design and operating characteristics of the proposed conditional
use minimizes adverse effects, including visual impacts, impacts on pedestrian and
vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on
surrounding properties; and
I"""
1..........
,~,
-
Staff Finding
The proposed conditional use amendment is not proposing to alter the existing operational
characteristics of the museum. Instead, the proposed amendment simply reestablishes the
existing development as the approved site-specific development plan on the new museum parcel
size of 44,400 square feet (in conjunction with the proposed lot split). Staff fins this criterion to
be met.
D. There are adequate public facilities and services to serve the conditional use
including but not limited to roads, potable water, sewer, solid waste, parks, police,
fire protection, emergency medical services, hospital and medical services, drainage
systems, and schools; and
Staff Finding
Staff believes that the proposed conditional use amendment is not altering the need for public
facilities and services and the existing museum and associated carriage house are already served
by adequate public facilities and services. Staff finds this criterion to be met.
E. The applicant commits to supply affordable housing to meet the incremental need
for increased employees generated by the conditional use; and
Staff Finding
As was discussed in the memo, the Applicant is not required to provide affordable housing
mitigation for establishing and selling off the sixteen (16) Historic TDRs on the 9,000 square
foot lot that is to be created through the lot split associated with this conditional use amendment,
since the fathering 53,400 square foot parcel is designated to the Aspen Inventory of Historic
Sites and Structures. Staff finds this criterion to be met.
,j
I
Ext1) h d~ \\r--I/
ASPEN PLANNI~& ZONING COMMISSION - mfnutes AU2ust 16, 2005
COMMENTS ............................................................................................................ 2
MINUTES ................................................................................................................. 2
DECLARATION OF CONFLICTS OF INTEREST ...............................................2
ASPEN HISTORICAL SOCIETY CONDITIONAL USE ......................................2
HOLIDAY HOUSE AFFORDABLE HOUSING PUD........................................... 3
1
..,
ASPEN PLANNIMY& ZONING COMMISSION - mfnutes AUl!ust 16, 2005
Jasmine Tygre opened the regular Planning and Zoning Commission Meeting in
Sister Cities Meeting Room at 4:30 p.m. Commission Members Ruth Kruger,
Steve Skadron, Dylan Johns, John Rowland and Jasmine Tygre were present.
Brian Speck and Brandon Marion were excused. Staff in attendance were Joyce
Allgaier, Jennifer Phelan, Chris Bendon and James Lindt, Community
Development and Jackie Lothian, Deputy City Clerk.
COMMENTS
Ruth Kruger asked why the alleys were not cleaned like the streets. James Lindt
said that he would ask Jerry Nye, the Streets Superintendent.
Joyce Allgaier asked the commission if it was okay to forward on emails to the
commission as well as place the emails in the packets prior to meetings. The
commissioners agreed as long as the emails were included in the official record.
MINUTES
MOTION: Ruth Kruger moved to approve the minutes from June 7th June 14th
and July 19th; seconded by Steve Skadron, all infavor, motion carried.
DECLARATION OF CONFLICTS OF INTEREST
None stated.
PUBLIC HEARING:
ASPEN HISTORICAL SOCIETY CONDITIONAL USE
Jasmine Tygre opened the public hearing for the Aspen Historical Society
Conditional Use. James Lindt stated there was proof of notice, posting and
mailing.
Lindt explained the application for conditional use was in conjunction with a lot
split application to split off 9,000 square feet of the existing Wheeler/Stallard
House. Lindt said the 9,000 square feet would be transferred into 16 transferable
development rights through the City's Historic TDR Program to sell off. Lindt
said that conditional use was required because the museum was a conditional use
in the R-6 Zone District, which the property was located. Staff did not believe
there would be any visual or operational impacts but simply establish the existing
operations and dimensions of the museum and the carriage house on the remaining
44,400 square foot parcel. The lot split was exempt from employee mitigation as
well as the establishing of TDRs, which was exempt from mitigation pursuant to
the Growth Management portion of the Code 26.470. Staff believed that the
conditional use request met the standards and recommend P&Z approve the
attached resolution with the conditions. There was a condition that included the
2
ASPEN PLANNI~& ZONING COMMISSION - mfnutes AUl!ust 16. 2005
9,000 square foot parcel to be only used for the TDRs and not be developed with
an additional structure.
Tanya Stevens, Stan Clauson Associates, introduced Georgia Hanson the executive
director of the Aspen Historical Society. Stevens utilized a site plan to locate the
Wheeler/Stallard House for the commission and audience. Stevens stated there
were 2 structures on the property built in 1888 by Jerome B. Wheeler and bought
by the Aspen Historical Society in 1959. The proposal was to split off Lots K, L,
M (9,000 square feet to produce 16 TDRs). Stevens said selling the TDRs would
benefit the museum to create an endowment to ensure financial viability and would
benefit the community because it would ensure that the property would not be
developed in the future. Stevens said it would be insured in 3 ways (I) the Charter
makes sure that there will not be additional structures on the property (2) the
Conditional Use takes the property to the current FAR at 5,790 square feet and (3)
Sterilizes the parcel.
John Rowland asked if the museum was responsible for taking care of the property.
Stevens replied that was correct.
Ruth Kruger asked how 16 TDRs were created. Lindt responded that it was based
on the lot area of9,000 square feet and each TDR was 250 square feet each. Lindt
stated the Historic TDR Program would allow the TDR to land in certain
residential zone districts that they are non-historic and need additional FAR. Lindt
said when the TDR is established you get a bearer's certificate.
No public comments.
MOTION: Ruth Kruger moved to approve Resolution #27, series 2005,
recommending that City Council approve with conditions, a conditional use to
establish the allowable FARfor a museum use on reconfigured Wheeler/Stallard
property of 44,400 square feet as the FAR of the existing site-specific development
plan, consisting of5, 793 square feet of FAR, 620 West Bleeker, City and Townsite
of Aspen. Seconded by Steve Skadron. Rowland, yes; Johns, yes; Kruger, yes;
Skadron, yes; Tygre, yes; all infavor, APPROVED 5-0.
PUBLIC HEARING:
HOLIDAY HOUSE AFFORDABLE HOUSING PUD
Jasmine Tygre opened the public hearing for the Holiday House Affordable
Housing PUD. Joyce Allgaier provided proof of notice from the newspaper,
posting and mailing.
3
'.
Page 1 of 1
.-
James Lindt
From:
Sent:
To:
Nell Waltz [nwaltz@san.rr.com]
Wednesday, September 28,20059:22 AM
James Lindt
Subject: Aspen Historical Society Conditional Use
September 28, 2005
To: James Lindt
From: Nell Waltz
As property owner at 730 W. Bleeker Street, I would like to register written opposition to the proposed
lot split of the Historical Society property at 620 W. Bleeker.
Plcase advisc if cmail accomplishes this, and if not, if a letter would be considered at the hearing or by
the Council.
Thank you.
9/28/2005
r
-
'"
.,.,
Page I of I
James Lindt
From: Nell Waltz [nwaltz@san.rr.com]
Sent: Wednesday, September 28,200510:03 AM
To: James Lindt
Subject: Re: Aspen Historical Society Conditional Use
I feel that the Historical Society should maintain control and use of the property as its duty to the city. I
recognize that the society has had serious financial problems recently. (As the past president of the San
Diego Historical Society, T do understand that many like organizations have similar issues.)
However the Board is not fulfilling its obligation to preserve the history of the city ifit is enabled to
alter the land use and to potentially allow it to be developed. The green space showcases the
Wheeler/Stallard house. And the lawn is used by the community quite often. Nothing like it remains in
Aspen now. Its value as a landmark and look into the past risks being permanently altered.
Our family has been spending time in Aspen since 1960. We have been property owners since 1976.
Change is, of course, inevitable and often positive. This one, in my opinion, is not.
One would hope that the Council and the city might find a practical way to intervene and maintain the
block as it has always been.
Nell
9/28/2005
Page 1 of 1
P200
From: Nell Waltz [nwaltz@san.rr.com]
Sent: Wednesday, September 28,200510:03 AM
To: James Lindt
Subject: Re: Aspen Historical Society Conditional Use
Yo---um]
CiJ[it{65
James Lindt
I feel that tl1e Historical Society should maintain control and use of the property as its duty to the city. I
recognize that the society has had serious financial problems recently. (As the past president of the San
Diego Historical Society, I do understand that many like organizations have similar issues.)
However the Board is not fulfilling its obligation to preserve the history of the city if it is enabled to
alter the land use and to potentially allow it to be developed. The green space showcases the
Wheeler/Stallard house. And the lawn is used by the community quite often. Nothing like it remains in
Aspen now. Its value as a landmark and look into the past risks being permanently altered.
Our family has been spending time in Aspen since 1960. We have been property owners since 1976.
Change is, of course, inevitable and often positive. This one, in my opinion, is not.
One would hope that the Council and the city might find a practical way to intervene and maintain tl1e
block as it has always been.
Nell
9/28/2005
~
/"",
,,-,./
'-
ATTACHMENT 7
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY: 620 W. Bleeker Street , Aspen, CO
SCHEDULED PUBLIC HEARING DATE: 11 October . 2005
STATE OF COLORADO )
) ss.
County of Pitkin )
I, F.1. (Stan) Clauson (name, please print)
being or representing an Applicant to the City of Aspen, Colorado, hereby personally
certify that I have complied with the public notice requirements of Section 26.304.060
(E) of the Aspen Land Use Code in the following manner:
X Publication of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fifteen (15)
days prior to the public hearing. A copy of the publication is attached hereto.
X Posting of notice: By posting of notice, which form was obtained from the
Community Development Department, which was made of suitable,
waterproof materials, which was not less than twenty-two (22) inches wide
and twenty-six (26) inches high, and which was composed ofletters not
less than one inch in height. Said notice was posted at least fifteen (15) days
prior to the public hearing and was continuously visible from the 25 day of
September, 2005, to and including the date and time of the public
hearing. A photograph of the posted notice (sign) is attached hereto.
X Mailing of notice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (IS) days prior to
the public hearing, notice was hand delivered or mailed by first class postage
prepaid U.S. mail to any federal agency, state, county, municipal government,
school, service district or other governmental or quasi-governmental agency that
owns property within three hundred (300) feet of the property subject to the
development application. The names and addresses of property owners shall be
those on the current tax records of Pitkin County as they appeared no more than
sixty (60) days prior to the date of the public hearing. A copy of the owners and
governmental agencies so noticed is attached hereto.
(continued on next page)
Rezoning or text amendment. Whenever the official zoning district map is in
any way to be changed or amended incidental to or as part of a general revision
of this Title, or whenever the text of this Title is to be amended, whether such
revision be made by repeal of this Title and enactment of a new land use
regulation, or otherwise, the requirement of an accurate survey map or other
sufficient legal description of, and the notice to and listing of names and
addresses of owners of real property in the area of the proposed change shall
be waived. However, the proposed zoning map has been available for public
inspection in the planning agency during all business hours for fifteen (15) days
p"o"o lli, polih'li,""",o" ~'~
Signa
The foregoing "Affidavit of Notice" was acknowledged before me this2tl day of
6FP/'EM8Fre , 20OS-, by ,c: L.. (' '::;;;""..<.1_) ~~s..,c/
f
f
WITNESS MY HAND AND OFFICIAL SEAL
My commission expires: 0/' - 5" - ,?0t7e._
~~
Notary Public
.TT ACHMENTS:
OF THE PUBLICATION
IF THE POSTED NOTICE (SIGN)
IVERNMENTAL AGENCIES NOTICED
BYMAlL
.-....
o
PUBLIC NOTICE
RE: ASPEN HISTORICAL SOCIETY (620 W. BLEEKER ST.) CONDITIONAL USE,
LOT SPLIT, ESTABLISHMENT OF TRANSFERABLE DEVELOPMENT RIGHTS
NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, October I 1,2005,
at a meeting to begin at 5:00 p.m. before the Aspen City Council, Council Chambers, Basement of
Aspen City Hall, 130 S. Galena St., Aspen, to consider an application submitted by the Aspen
Historical Society, 620 W. Bleeker Street, Aspen, CO 81611, requesting approval of a
conditional use request to establish the existing site specific plan and operations for the museum
use at 620 W. Bleeker Street (Wheeler/Stallard Museum) as allowable on a smaller parcel size
than currently exists. The Applicant has requested approval of the conditional use in conjunction
with a lot split request to split the existing parcel into a 9,000 square foot lot and a 44,400 square
foot lot in order to establish 16 Historic Transferable Development Rights on the 9,000 square
foot lot to be created. The property subject to this application is legally described as Lots A-G and
Lots K-S, Block 23, City and Townsite of Aspen and is commonly known as the Wheeler/Stallard
Museum. For further information, contact James Lindt at the City of Aspen Community
Development Department, 130 S. Galena St., Aspen, CO, (970) 429-2763, jamesl@ci.aspen.co.us.
s/Helen Kalin K1anderud, Mavor
Aspen City Council
Published in the Aspen Times on September 25, 2005
City of Aspen Account
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604 WEST LLC
604 W MAIN ST
ASPEN, CO 81611
ALPINE BANK ASPEN
600 E HOPKINS AVE
ASPEN, CO 81611
ASPEN SQUARE CONDOMINIUMS
ASSOC
617 E COOPER AVE
ASPEN, CO 81611
BAUER WALTER F TRUST
15935 VALLEY VISTA
ENCINO, CA 91436
BREIDENBACH WARREN C
225 ABRAHAM FLEXNER WY #700
LOUISVILLE, KY 40202
COULTER GLYNNIE
PO BOX L3
ASPEN, CO 81612
DEROSA THOMAS J
PO BOX 817
BROOKLANDVILLE, MD 21022
EASTLAND WOODS AN OHIO LP
730 W MARKET ST
AKRON, OH 44303
FERGUS ELIZABETH DAWSON
PO BOX 1515
ASPEN, CO 81612
GOLDMAN RICHARD FAMILY LP
35 STONEWOOD DR
MORELAND HILLS, OH 44022
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616 WEST LLC
616WMAIN
ASPEN, CO 81611
ASPEN CONDOMINIUM ASSOCIATION
600 E HOPKINS AVE STE 304
ASPEN, CO 81611.2934
BAILEY RYAN 1994 TRUST 50%
15808798 METAVANTE WAY
SIOUX FALLS, SD 57186
BOWEN.STANLEY PAMELA
29341/2 N BEVERLY GLEN CIR #482
LOS ANGELES, CA 90077
CITY OF ASPEN
130 S GALENA ST
ASPEN, CO 81611
, CRITERION HOLDING CO LLC
790 W HALLAM ST #10
ASPEN,CO 81611
DESTINATION RESORT MGMT INC
610 WEST END ST
ASPEN,CO 81611
EMERSON L TO
C/O SWEENEY
533 W HALLAM ST
ASPEN, CO 81611
FRANCIS MARY VIRGINIA
711 W BLEEKER
ASPEN, CO 81611
GORDMAN LINDA K
718 W HALLAM ST
ASPEN, CO 81611.1146
All3^V-0!)-oOS-~
-
635 WEST BLEEKER LLC
C/O NANCY SPEARS
POBOX 2630
ASPEN, CO 81612
ASPEN HOUSING LLC
299 MILWAUKEE ST STE 502
DENVER, CO 80206
BAKER WILLIAM
790 W HALLAM UNIT #1
ASPEN, CO 81611
BOYE CAROL
2655 LAKE DR #4
SINGER ISLAND, FL 33404
CLEANER EXPRESS
435 E MAIN ST
ASPEN, CO 81611
CZECH NOAH
PO BOX 12086
ASPEN, CO 81612
DIKEOU LUCY SHARP
1201 WILLIAMS ST APT 6B
DENVER, CO 80218
FELD ANNE S
1700 PACIFIC AVE STE 4100
DALLAS, TX 75201
FRIAS PROPERTIES OF ASPEN LLC
520 MAIN ST #7
ASPEN, CO 81611
HALLAM SIX LLC
4430 ARAPAHO STE 110
BOULDER, CO 80303
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HARRY SALLY 50%
601 E HOPKINS 3RD FL
ASPEN, CO 81611
HERNANDEZ LORENE & CECIL M
PO BOX 1045
ASPEN, CO 81612
HORTON DAYNA L
CIO STIRLING HOMES
600 E MAIN ST#102
ASPEN, CO 81611
IGLEHART JAMES P
610 W HALLAM ST
ASPEN, CO 81611
KC ASPEN LLC
75-5706 HANAMA PLACE SUITE 104
KAILUA-KONA, HI 96740
KOVAL BARBARA TRUST
CIO NORTH OF NELL
555 E DURANT
ASPEN, CO 81611
LEVINE THEODORE A
SWANSON LUCIA D
425 E 58TH ST #25H
NEW YORK, NY 10022
MAEWEST LLC
ATTN; DOROTHY A SHARP
706 WEST MAIN
ASPEN, CO 81611
MARTIN JAMES R QPRT
TRUST CO OF KNOXVILLE TRSTE
620 MARKET ST #300
KNOXVILLE, TN 37902
MCMANUS JAMES R
1552 POST RD
FAIRFIELD, CT 06824-5935
__... _ ....___ t\ii\
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HAYES MARY FAMILY PTNSP LTD
PO BOX 497
ASPEN, CO 81612
HILLMAN TATNALL LEA
504 W BLEEKER ST
ASPEN,CO 81611
HOTEL ASPEN CONDOMINIUM
ASSOCIATION
110 WEST MAIN STREET
ASPEN, CO 81611
ILGEN EILEEN L & JACK D & ELOISE
518 W MAIN ST
ASPEN, CO 81611
KEEL TY PATRICK J & DONNA V
PO BOX 5686
SNOWMASS VILLAGE, CO 81615
LDD WEST LLC
220 N SMITH ST STE 300
PALATINE,IL 60067-2448
LUU INVESTMENTS LLC
435 E MAIN ST
ASPEN,CO 81611
MANGONE PARTNERSHIP LP
12687 W CEDAR DR #100
LAKEWOOD, CO 80228
MATKIN SALOISE
605 E MAIN ST #5
ASPEN, CO 81611
MICROPLAS MGMT CO
CIO EDWARD J CAWLEY
790 W HALLAM #10
ASPEN, CO 81611
AlI3^Y-O!HlOS-l
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HENRY KRISTEN
525 W HALLAM ST
ASPEN, CO 81611-1246
HOOK BRADLEY K & PAMELA D
782C NORTH KALAHEO
KAILUA, HI 96734
HUNT ROGER H
PO BOX 3944
ASPEN, CO 81612
KAFRISSEN ARTHUR & CAROLE F
PO BOX 10727
ASPEN, CO 81612-9780
KEY R BRILL & ELIZABETH R
CIO KEY MEDIA
720 E HYMAN #301
ASPEN,CO 81611
LEVIN WILLIAM A
86 CHAMBERS ST #201
NEW YORK, NY 10007
MACDONALD BETTE S TRUST
15 BLACKMER RD
ENGLEWOOD, CO 80110
MARCUS ANN H
735 W BLEEKER ST
ASPEN, CO 81611-1133
MCCAUSLAND LINDA
PO BOX 1584
ASPEN, CO 81612
MOUNTAIN RESCUE ASPEN INC
630 W MAIN ST
ASPEN, CO 81611
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MULLEN MICHEL
8411 PRESTON RD #730 LB 2
DALLAS, TX 75225
NORTH AND SOUTH ASPEN LLC
200 S ASPEN ST
ASPEN, CO 81611
P B HOLDINGS LLC
725 W BLEEKER ST
ASPEN, CO 81611
PATRICK KEVIN
730 E DURANT AVE #200
ASPEN, CO 81611
RAZEK EDWARD G
3 LIMITED PKiNY
COLOMBUS, OH 43230
RUTHERFORD MICHAEL G
5 E GREENWAY PLAZA #220
HOUSTON, TX 77046
SCHOEBERLEIN DEBORAH & JOSEPH
520 W MAIN ST APT 23
ASPEN, CO 81611-1656
SIV ART HLDGS L TO PTNR
21 BREEZY KNOLL
AVON, CT 06001
VERLEGER PHILIP K JR & MARGARET B
615 W FRANCIS ST
ASPEN, CO 81611
WALTZ FAMILY TRUST
6075 LA JOLLA SCENIC DR
LA JOLLA, CA 92037
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NATIONWIDE THEATRES CORPORATION
A CALIFORNIA CORPORATION
120 N ROBERTSON BLVD
LOS ANGELES, CA 90048
OLIVER SPORTS BRACING LLC
PO BOX 10916
ASPEN, CO 81612
PAMAYACU LLC
9121 E TANQUE VERDE #105
TUCSON, AZ 85749
PEARSON MARK M & LEES M
702 W MAIN ST
ASPEN, CO 81611
RITCHIE ROBERT
701 W FRANCIS ST
ASPEN, CO 81611
SANDERS FAMILY TRUST 1997
C/O SANDERS BARBARA
PO BOX 8598
ASPEN, CO 81612
SCHULER DEE M & R KENT
417 HOLLAND HILLS RD
BASALT, CO 81621
THOMSON SHANTA KIM
PO BOX 2503
ASPEN, CO 81612
VICENZI GEORGE A TRUST
PO BOX 2238
ASPEN, CO 81612
WARE NINA COULTER
34 CLERMONT LN
ST LOUIS, MO 63124
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721 W FRANCIS
ASPEN, CO 81611
OLSHAN BURTON D 1/2
OLSHAN KATHLEEN W 1/2
5408 OLD LEEDS RD
BIRMINGHAM, AL 35210
PARFET DONALD R & ANNE V
11000 RIDGEWOOD LN
RICH LAND, MI 49083
PUMAYACU LLC
C/O AMBER MICHAEL
9121 E TANQUE VERDE #105
TUCSON, AZ 85749
RUSSO NICK A
PO BOX 4743
ASPEN, CO 81612
SANDERS QPRT TRUST & SALLY HARRY
50%
6200 N ANN ARBOR AVE
OKLAHOMA CITY, OK 73122
SHAFROTH JOHN F
3901 E BELLEVIEW AVE
LITTLETON, CO 80121
ULLR HOMEOWNERS ASSOCIATION
600 E HOPKINS #304
ASPEN,CO 81611
WAGNER HOLDINGS CORPORATION
LLC
C/O BILL POSS
605 E MAIN ST
ASPEN, CO 81611
WATERS SOMERSET
MILL BROOK SCHOOL
MILLBROOK, NY 12545
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WELLS JANE I
721 W NORTH ST
ASPEN, CO 81611
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WILSON MARY ELIZABETH
630 W HALLAM ST
ASPEN. CO 81611
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WOGAN WENDY
533 W FRANCIS
ASPEN. CO 81611
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"
--
ATTACHMENT 7
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
SCHEDULED PUBLIC HEARING DATE:
, Aspen, CO
ADDRESS OF PROPERTY:
,200_
STATE OF COLORADO )
) ss.
County of Pitkin )
~11 I A 1\ ,/J - / '. C [ L
I,"--J 0 vv \ ~_ ~ I III ! ! (name, please print)
being or representing an Applicant to the City of Aspen, Colorado, hereby personally
certify that I have complied with the public notice requirements of Section 26.304.060
(E) of the Aspen Land Use Code in the following manner:
~ Publication of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fifteen (15)
days prior to the public hearing. A copy of the publication is attached hereto.
r
_ Posting of notice: By posting of notice, which form was obtainejd from the
Community Development Department, which was made of suitable,
waterproof materials, w!lli;h was not less than twenty-two (22) inches wide
and twenty-six (26) inches high, and which was composed of letters not
less than one inch in height. Said notice was posted at least fifteen (15) days
prior to the public hearing and was continuously visible from the _ day of
, 200_, to and including the date and time ofthe public
hearing. A photograph of the posted notice (sign) is attached hereto.
~ Mailing of notice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
26.304.060(E)(2) ofthe Aspen Land Use Code. At least fifteen (15) days prior to
the public hearing, notice was hand delivered or mailed by first class postage
prepaid U.S. mail to any federal agency, state, county, municipal goyernment,
school, service district or other governmental or quasi -governmentat\agency that
owns property within three hundred (300) feet ofthe property subjeq! to the
development application. The names and addresses of property owners shall be
those on the current tax records of Pitkin County as they appeared no more than
sixty (60) days prior to the date of the public hearing. A copy of the owners and
governmental agencies so noticed is attached hereto.
(continued on next page)
~
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Rezoning or text amendment. Whenever the official zoning district map is in
any way to be changed or amended incidental to or as part of a general revision
of this Title, or whenever the text of this Title is to be amended, whether such
revision be made by repeal of this Title and enactment of a new land use
regulation, or otherwise, the requirement of an accurate survey map or other
sufficient legal description of, and the notice to and listing of names and
addresses of owners of real property in the area of the proposed change shall
be waived. However, the proposed zoning map has been available for public
inspection in the planning agency during all business hours for fifteen (15) days
prior to the public hearing on such amendments.
s~Mt0
(/
~
The foregoing "Affidavit of Notice" was aCknOWled~ thi~ day
of S~ ,200;Z, by~
,~d1-
WITNESS MY HAND AND OFFICIAL SEAL
PL'B~' NOTICE
RE: AS. PEN HISTORK i SOCIETY (620 W. BLEEK-
ER ST.) CONDITiON USE, LOT SPLIT, ESTAB-
LISHMENT OF IRA. FERAHLE DEVF:LOPMEW
RIGllTS
NOTICE 15 HEREBY GIVr:r\' that a public
hearing will be held on Tuesday. October 11.
2005. at a meeting tu begin at 5:00p,m, before the
Aspen City Council, Council Chambers, Basement
of Aspen City Hall, 130 S, Galena 51., Aspen, to
consider an application submitted by the Aspen
Historical Society, 620 W. Bleeker Street, Aspen.
CU 81611, requesting approval of a conditional
usoorequesttoestabJishlheexlstingsilespec/fjc
plan and operations for the museum use at 620
W. !:Ileeker Street (Wheelerf Stallard Museum) as
allowable Oil asmalJer parcel size than currently
, exists. The AppJicant has Il;'quested approval of
the conditional use in conjUlldion with a lot split ATTACHMENTS".
request to ~plit the existing parcel into a 9.000
square loot lot and a 44.100 square foot lot in ur-
der to establish i6 Historic Tran~lerableDevclop'-
ment Rights on the 9,000 ~quare foot iot to be )YOF "''HEpTTDLJ,C'ATION
created. The property ~llbject to thi~ application .1 ~ V D
i~ legally described as Lots A-G and Lots K-S,
Block 23, City and Townsltl' of Aspen and is com-
monlyknow~astheWheelerIStaIIardMus~llm. r OF THE POSTED NOTICE (.SIGNI
For further Itlformatlon. contact James LlIldt at. /
the CIty of Aspen Commllnity Development De-
partment, 130[Galena St., Aspen. CO, (970) 429-
LIS' 2763.i'm,,'@, "p'" co,,. . . :;OVERNMENT AL AGENCIES NOTICED
s,lHeleo Kahn Klanderud. Mayor
Aspen City CouJlcil BY AfAIL
Publishedio t AspeIl Times \Veeklyon Septem-
ber25,21105.(3104)
My commission expires:
,....'"...
....,
VHb
MEMORANDUM
TO: Mayor Klanderud and City Council
THRU: Chris Bendon, Community Development Director ~
FROM: James Lindt, Senior Planner ~
RE: Aspen Historical Society Conditional Use Review, Lot Split, and Establishment of
Historic Transferable Development Right Certificates, 1st Reading of Ordinance
No.:JQ., Series of 2005-Public Hearine: will be held on October 10th
DATE: September 12,2005
ApPLICANT:
Aspen Historical Society
LOCATION:
620 W. Bleeker Street
ZONING:
R-6 Zone District
REVIEW PROCEDURE:
Lot Solit. Establishment of Historic TDRs,
Conditional Use:
City Council shall approve, approve with
conditions, or deny the request for the
Subdivision Exemption for a Lot Split, and the
Establishment of Historic TDRs. The
Applicant also requested the ability to combine
the review of the conditional use request with
the other land use actions being requested
pursuant to Land Use Code Section
26.304.060(B)(l), Combined Reviews.
Therefore, City Council shall also be the final
review authority on the conditional use request
after considering a recommendation from the
Planning and Zoning Commission.
STAFF RECOMMENDATION:
Approval with conditions.
PLANNING AND ZONING COMMISSION
RECOMMENDATION ON CONDITIONAL USE:
Approval with Conditions.
Photo Above: Portion of Parcel to be split
offfrom Historical Society Parcel.
,....
..........
SUMMARY:
The Aspen Historical Society ("Applicant") has requested approval of a lot split to split off a
9,000 square foot portion of the existing 53,400 square foot Wheeler/Stallard Museum parcel at
620 W. Bleeker Street and sell off the development rights in the form of Historic Transferable
Development Rights (TDRs). The conditional use request is necessary to establish the existing
dimensional requirements and operations for the Wheeler/Stallard Museum on the new museum
parcel size of 44,400 square feet (after the lot split) since the museum use is a conditional use in
the R -6 Zone District in which it is located. It should be noted that the Applicant has proposed to
sell off all of the development rights as Historic TDRs on the 9,000 square foot lot to be created
through the proposed lot split and the new 9,000 square foot lot will contain no new
development.
LAND USE REQUESTS AND PROCEDURES:
The Applicant has requested approval of the following land use actions:
. Subdivision Exemption for a Lot Split.
. Establishment of Historic Transferable Development Rights.
. Conditional Use Review.
The Applicant has also requested the ability to combine the review of the conditional use request
with the review of the lot split and TDR establishment requests pursuant to Land Use Code
Section 26.304.060(B)(l), Combined Reviews. In response to the Applicant's request to combine
the reviews, the Community Development Director has approved the ability to combine the
reviews of the conditional use request and the other requests so that City Council is the final
review authority on all ofthe actions, finding that combining the reviews will ensure clarity.
STAFF COMMENTS:
As was described above, the Applicant is proposing to split off a 9,000 square foot parcel on the
southwest corner of the existing museum parcel in order to sell off the development rights
associated with the new parcel pursuant to the City's Historic TDR program. As a result of
establishing the new lot for the purpose of selling off TDRs, the new 9,000 square foot lot would
be sterilized from development.
Lot Solit:
The proposed lot split appears to satisfy the review standards for approving a lot split pursuant to
Land Use Code Section 26.480/030(A)(2), Lot Split. The proposed lot split does not split the
parcel into more than two (2) lots and the lot sizes conform to the minimum lot size requirements
of the underlying R-6 Zone District, in that each of the proposed parcels exceed 6,000 square
feet. Additionally, the proposed lot split would not create a non-conformity with regards to the
existing conditions as long as the associated conditional request is approved to establish the
allowable dimensions and operational requirements for the museum use as what currently exists
on the site. Please see Staff s discussion on the conditional use request below.
r
"-../
Conditional Use: Imoacts of Prooosal on Museum Ooerations:
In evaluating the request to establish the allowable dimensions and operations for the museum
use on the property as the existing museum dimensions and operations that exist on the property,
Staff does not believe that proposal will have any visual or operational impacts on the site.
Moreover, the Applicant will be able to split the lot and sell off the proposed sixteen (16) TDRs
since the lot split will not create a non-conformity with regards to the FAR of the existing
buildings on the site, given that the museum FAR will be locked in as a result of the conditional
use request The Planning and Zoning Commission reviewed the conditional use portion of the
application and unanimously recommended that City Council approve the conditional use
request with the conditions proposed in the attached ordinance.
Restrictions on Wheel~r/Stallard Museum:
The charter of the Wheeler/Stallard Museum and the associated warranty deed from the Paepcke
Estate (attached as Exhibit "C") apply private covenant restrictions on the museum that does not
allow the site to be developed with any additional structures and will only be used as a public
park or museum. This is a private covenant issue that the City does not regulate. Nonetheless,
Staff feels that the proposal would be consistent with this restriction in that the Applicant is not
proposing to develop any additional structures on the site. Staff has included a condition of
approval reinforcing that no additional development will occur on the fathering parcel consisting
of 53,400 square feet without obtaining a conditional use amendment and that the new parcel to
be created through the lot split be sterilized from development due to the creation of the
proposed sixteen (16) TDRs.
Growth Manazement:
As far as growth management is concerned, no employee housing mitigation is required to split
the lot and sell off the sixteen (16) TDRs from the newly created 9,000 square foot parcel
because the fathering parcel is exempt from growth management pursuant to Land Use Code
Section 26.470.070(A)(4), Exempt Development: Single-family and Duplex Development on
Historic Landmark Properties, because it is designated to the Aspen Inventory of Historic Sites
and Structures. Additionally, the establishment of TDR certificates is exempt from growth
management pursuant to Land Use Code Section 26.470.040(A)(6), Exempt Development:
Transferable Development Rights.
Sharinz Imoact of Extinv:uishinv: Historical Society's TDRs with the County:
There has been some discussion that was brought to Staffs attention that implied that the County
should share in absorbing the impact of extinguishing the Historical Society's TDRs, since the
County's population also uses the Historical Society's resources. Staff approached the Pitkin
County Planning Staff about whether the County would be interested in accepting the
extinguishment of some of these TDRs created by the Historical Society.
The County Staff indicated that they do not have a process established by which to accept TDRs
from the City's jurisdiction and that any discussion about transferring TDRs between
jurisdictions should not be specific to only the Historical Society's TDRs, but rather to all TDRs.
The County Staff did indicate that they would talk to the Board of County Commissioners about
whether the Commissioners would like to hold a joint worksession with City Council to discuss
'.... J
the possibility of transferring development rights between jurisdictions. Staff believes that
setting up a process by which the County would receive historic TDRs from the City would be
contrary to the infill program's philosophy and AACP's policies of concentrating growth within
the City and limiting growth outside the City's confines.
STAFF RECOMMENDATION:
Staff finds that the applicable review standards have been satisfied by the proposal and Staff
recommends approval of the proposed lot split, conditional use, and establishment of sixteen (16)
Historic TDRs with the conditions contained in the proposed ordinance.
PLANNING AND ZONING COMMISSION RECOMMENDATION:
The Planning and Zoning Commission reviewed the proposed conditional use request and
unanimously recommended that City Council approve the request with conditions. The Planning
and Zoning Commission's resolution is attached as Exhibit "E" and minutes from the meeting
will be included in Council's packet for 2nd Reading.
CITYMANAGER'SCOMMENTS:a~~ ~ d'>--lctf:t3 0,:;, Uo.-
_~ rF~:~,,;:;~ ;g~t .vr>~ YJf% ~ ~
RECOMMENDED MOTION: (ALL MOTIONS ARE MADE IN THE AFFIRMA TIVE)
"I move to approve upon first reading, Ordinance No. LfQ., Series of 2005, approving with
conditions, the Aspen Historical Society Lot Split, Conditional Use, and Establishment of sixteen
(16) Historic TDRs at 620 W. Bleeker Street, City and Townsite of Aspen."
ATTACHMENTS:
Exhibit "A"- Review Criteria and Staff Responses
Exhibit "B"- Application
Exhibit "C"- Warranty Deed
Exhibit "D"- County Referral Comments
Exhibit "E"- Planning and Zoning Commission Resolution
ORDINANCE NO. 40
(SERIES OF 2005)
AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING THE ASPEN
HISTORICAL SOCIETY LOT SPLIT, CONDITIONAL USE, AND
ESTABLISHMENT OF SIXTEEN (16) HISTORIC TRANSFERABLE
DEVELOPMENT RIGHTS FROM PARCEL 2 OF THE LOT SPLIT, 620 W.
BLEEKER STREET, CITY OF ASPEN, PITKIN COUNTY, COLORADO.
Parcel ID#2735-124-31-801
WHEREAS, the Community Development Department received an application
from the Aspen Historical Society ("Applicant"), requesting approval of a subdivision
exemption request for a lot split, a conditional use, and the establishment of sixteen (16)
historic transferable development rights, to split off a 9,000 square foot parcel from the
53,400 square foot property at 620 E. Bleeker Street (Wheeler/Stallard Museum) and sell
the development rights associated with the 9,000 square foot parcel in the form of sixteen
(16) historic transferable development rights of 250 square feet each; and,
WHEREAS, pursuant to Land Use Code Section 26.304.060(B), Combined
Reviews, the Community Development Director in consultation with the applicants has
concluded that a combined review of the land use requests associated with this
application would reduce duplication and ensure economy of time, expense, and clarity;
and,
WHEREAS, upon review of the application and the applicable code standards,
the Community Development Department recommended approval of the proposal, with
conditions; and,
WHEREAS, during a duly noticed public hearing on August 16, 2005, the
Planning and Zoning Commission reviewed the Conditional Use portion of the
application and approved Resolution No. 27, Series of 2005, recommending that City
Council approve the requested conditional use to establish the existing operational
characteristics and dimensions for the museum use on the smaller 44,400 square foot
parcel that would result from the associated lot split; and,
WHEREAS, during a duly noticed public hearing on October 10, 2005, the
Aspen City Council approved Ordinance No. ~, Series of 2005, by a _ to _
(_-~ vote, approving with conditions, a lot split, a conditional use, and the
establishment of sixteen (16) historic transferable development rights, to split off a 9,000
square foot parcel from the 53,400 square foot property at 620 E. Bleeker Street
(Wheeler/Stallard Museum) and sell the development rights associated with the 9,000
square foot parcel in the form of sixteen (16) historic transferable development rights of
250 square feet each; and,
WHEREAS, the Aspen City Council has reviewed and considered the development
proposal under the applicable provisions of the Municipal Code as identified herein, has
reviewed and considered the recommendation of the Planning and Zoning Commission, the
Community Development Director, the applicable referral agencies, and has taken and
considered public comment at a public hearing; and,
,..
WHEREAS, the City Council finds that the development proposal meets or exceeds
all applicable development standards and that the approval of the development proposal,
with conditions, is consistent with the goals and elements of the Aspen Area Community
Plan; and,
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for
the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO THAT:
Section 1:
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code,
City Council hereby approves the Aspen Historical Society lot split, conditional use, and
the establishment of sixteen (16) historic transferable development rights, to split off a
9,000 square foot parcel from the 53,400 square foot property at 620 E. Bleeker Street
(Wheeler/Stallard Museum) and sell the development rights associated with the 9,000
square foot parcel (Parcel 2 of the Lot Split) in the form of sixteen (16) historic
transferable development rights of 250 square feet each, with the conditions contained
herein:
Section 2: Subdivision Exemption Plat and Al!:reement
The Applicant shall record a subdivision exemption agreement that meets the
requirements of Land Use Code Section 26.480 within 180 days of approval.
Additionally, a subdivision exemption plat shall be recorded in the Pitkin County Clerk
and Recorder's Office within 180 days of the final approval and shall include the
following:
a. A final plat meeting the requirements of the City Engineer showing the boundaries
of Parcel I and Parcel 2 of the Aspen Historical Society Lot Split.
b. A plat note indicating that the allowable FAR on Parcel 2 of the Historical Society
Lot Split (9,000 square foot parcel) shall be equal to the 4,080 square feet allowed
minus the amount of FAR sold off as TDRs (16 TDRs multiplied by 250 square feet
each equals 4,000 square feet) due to the establishment of the sixteen (16)
transferable development rights from Parcel 2. The plat note shall also indicate that
the Historical Society proposed to sterilize and forgo the remaining 80 square feet
of FAR on Parcel 2, a condition which the City accepts.
Section 3: Museum Parcel Allowable FAR
The allowable FAR for the museum use on the revised museum parcel (parcel consisting of
44,400 square feet after the lot split) shall be limited to the FAR of the existing museum
structure and associated carriage house (calculated to be 5,793 square feet by the Applicant).
Section 4: Amendments to Museum Conditional Use
Any changes to the existing development or operational characteristics of the museum shall
require review and approval of a conditional use amendment by the City of Aspen
Community Development Director or Aspen Planning and Zoning Commission, depending
on the magnitude of the change. The Community Development Director shall determine
whether such an amendment shall require review by the Planning and Zoning Commission
based on the procedures and guidelines established in Land Use Code Section 26.425,
Conditional Use.
Section 5: Development on Parcel 2
The 9,000 square foot parcel (Parcel 2 of the Lot Split) created through the lot split request
shall not be used for anything other than the establishment of sixteen (16) Historic TDRs to
be sold and used on other parcels of land throughout the City of Aspen pursuant to the
procedures and guidelines established in Land Use Code Section 26.535, Transferable
Development Rights. A plat note to this affect shall be included on the lot split plat to be
recorded as required in Section 2 above.
Section 6: Establishment of TDRs
The sixteen (16) Historic Transferable Development Rights being established herein shall
only be extinguished in compliance with the requirements established in Land Use Code
Section 26.535.060, Procedure for Extinguishing a Historical Transferable Development
Right Certificate, and Land Use Code Section 26.535.080, Review Criteria for
Extinguishment of a Historic Tramferable Development Right, in effect at the time of
extinguishment. A mutually agreed upon real estate closing date shall be scheduled
between the City and the Applicant, at which time a deed restriction shall be executed
and recorded (at the Pitkin County Clerk and Recorder's Office) for Parcel 2, removing
the 4,000 square feet (250 square feet of FAR multiplied by 16 TDRs) of allowable FAR
from the parcel, and executing and delivering sixteen (16) Historic Transferable
Development Right Certificates to the Applicant numbered: HSLot2-1 through HSLot2-
16. The real estate closing and the establishment of the Historic Transferable
Development Right Certificates shall only take place after the recordation of the
subdivision exemption agreement and plat.
Section 7:
This Ordinance shall not affect 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 construed and concluded under such
prior ordinances.
Section 8:
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not affect the
validity ofthe remaining portions thereof.
Section 9:
A public hearing on the ordinance shall be held on the lOth day of October, 2005, in the City
Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (IS) days prior to which
hearing a public notice of the same shall be published in a newspaper of general circulation
within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 12'" day of September, 2005.
Helen Kalin Klandemd, Mayor
Attest:
Kathryn S. Koch, City Clerk
FINALLY, adopted, passed and approved by a vote of _ to _ L-~, this 10tl'
day of October, 2005.
Helen Kalin Klanderud, Mayor
Attest:
Kathryn S. Koch, City Clerk
Approved as to form:
John P. Worcester, City Attorney
0"---',
EXHIBIT A
HISTORICAL SOCIETY LOT SPLIT
REVIEW CRITERIA & STAFF FINDINGS
26.480.030 Standards applicable to all lot splits.
When considering a development application for a lot split, City Council shall consider whether
all of the following standards are met, as applicable.
A. The land is not located in a subdivision approved by either the Pitkin County
Board of County Commissioners or the City Council, or the land is described
as a metes and bounds parcel which has not been subdivided after the
adoption of subdivision regulations by the City of Aspen on March 24, ]969.
This restriction shall not apply to properties listed on the Aspen Inventory of
Historic Landmark Sites and Structures.
Staff Finding
The Wheeler/Stallard parcel is not located in a subdivision approved by the B.O.C.C. or by City
Council. Staff finds this criterion to be met.
B. No more than two (2) lots are created by the lot split, both lots conform to the
requirements of the underlying zone district. Any lot for which development
is proposed will mitigate for affordable housing pursuant to Section
26.470.040(B)(] ).
Staff Finding
The proposed lot split does not split the parcel into more than two (2) lots and the lot sizes
conform to the minimum lot size requirements of the underlying R-6 Zone District, in that each
of the proposed parcels exceed 6,000 square feet. Additionally, the proposed lot split would not
create a non-conformity with regards to the existing conditions as long as the associated
conditional request is approved to establish the allowable dimensions and operational
requirements for the museum use as what currently exists on the site. Staff finds this criterion
to be met.
C. The lot under consideration, or any part thereof, was not previously the
subject of a subdivision exemption under the provisions of this Chapter or a
"lot split" exemption pursuant to Section 26.470.040 (C)(I)(a).
Staff Finding
Staff finds that the subject property has not previously been subject to a subdivision
exemption or lot split. Staff finds this criterion to be met.
D. A subdivision plat which meets the terms of this Chapter, and conforms to the
requirements of this Title, is submitted and recorded in the office of the Pitkin
County Clerk and Recorder after approval, indicating that no further
subdivision may be granted for these lots nor will additional units be built
without receipt of applicable approvals pursuant to this Chapter and growth
management allocation pursuant to Chapter 26.470.
Staff Finding
No further subdivision will be granted on the parcels created by this lot split. Additionally,
receipt of applicable growth management approvals would be required to construct an
additional unit on this site pursuant to Chapter 26.470. The required subdivision plat with a
note allowing no further subdivision of the newly created parcels, as approved by City
Council, will be submitted by the Applicant and recorded in the office of the Pitkin County
Clerk and Recorder. Staff finds this criterion to be met.
E. The subdivision exemption agreement and plat shall be recorded in the office
of the Pitkin County Clerk and Recorder. Failure on the part of the applicant
to record the plat within one hundred eighty (180) days following approval by
the City Council shall render the plat invalid and reconsideration of the plat
by the City Council will be required for a showing of good cause.
Staff Finding
The Applicant shall record the required subdivision plat within one hundred and eighty (180)
days of approval by the City Council. Staff finds this criterion to be met.
F. In the case where an existing single-family dwelling occupies a site which is
eligible for a lot split, the dwelling need not be demolished prior to application
for a lot split.
Staff Finding
No single-family residence exists on the property currently. Therefore, Staff finds this
criterion not to be applicable to this application.
G. Maximum potential build out for the two (2) parcels created by a lot split shall
not exceed three (3) units, which may be composed of a duplex and a single-
family home.
Staff Finding
Upon approval of this Subdivision Exemption for a Lot Split, the Applicant proposes to sell of
the development rights associated with the development that would be allowed on the new
9,000 square foot parcel in the form of Historic TDRs. There will be no additional dwelling
units built as a result of this lot split proposal. Staff finds this criterion to be met.
EXHIBIT A
HISTORICAL SOCIETY ESTABLISHMENT OF HISTORIC TDRs
REVIEW CRITERIA & STAFF FINDINGS
26.535.070 Standards applicable to an Establishment of Historic TDRs
When considering a development application for the Establishment of Historic TDRs, City
Council shall consider whether all of the following standards are met, as applicable.
A. The Sending Site is a Historic Landmark on which the development of a single-
family or duplex residence is a permitted use, pursuant to Chapter 26.710.
Properties on which such development is a conditional use shall not he eligible.
Staff Finding
The sending site is the new parcel that is to be separated from the Wheeler/Stallard parcel. The
new lot would have the ability to have a single-family or duplex constructed on it since it is
zoned R-6. Also, since the fathering parcel is designated as a historic landmark, the new parcel
to be created through the lot split also maintains the historic designation. Staff finds this
criterion to be met.
B. It is demonstrated that the Sending Site has permitted unbuilt development rights,
for either a single-family or duplex home, equaling or exceeding two-hundred and
fifty (250) square feet of Floor Area multiplied by the number of Historic TDR
Certificates requested.
Staff Finding
If the associated lot split request is approved, the new parcel will have 4,080 square feet of
allowable FAR for the development of a duplex or 3,660 square feet of allowable FAR for a
single-family residence. The sixteen (16) TDRs proposed equate to 4,000 square feet of FAR to
be sold off. Staff finds this criterion to be met.
C. It is demonstrated that the establishment of TDR Certificates will not create a
nonconformity. In cases where nonconformity already exists, the action shall not
increase the specific nonconformity.
Staff Finding
The establishment of TDR Certificates will not create a non-conformity. If the associated lot
split is approved, the new parcel will have a total of allowable FAR of 4,080 square feet. The
establishment of sixteen (16) TDRs will equate to 4,000 square feet. Staff finds this criterion to
be met.
D. The analysis of unbuilt development right shall only include the actual built
development, any approved development order, the allowable development right
prescribed by zoning, and shall uot include the potential of the Sending Site to gain
Floor Area bonuses, exemptions, or similar potential development incentives.
"'",......
Staff Finding
If the associated lot split is approved, the Applicant will have 4,080 square feet of unbuilt,
allowable FAR pursuant to the R-6 Zone District requirements. Staff finds this criterion to be
met.
E. Any development order to develop Floor Area, beyond that remammg legally
connected to the property after establishment of TDR Certificates, shall be
considered null and void.
Staff Finding
If the associated lot split is approved, the new parcel will have a total of allowable FAR of
4,080 square feet. The establishment of sixteen (16) TDRs will equate to 4,000 square feet.
Staff finds this criterion to be met.
F. The proposed deed restriction permanently restricts the development of the
property (the Sending Site) to an allowable Floor Area not exceeding the allowance
for a single-family or duplex residence minus two hundred and fifty (250) square
feet of Floor Area multiplied by the number of Historic TDR Certificates
established. The deed restriction shall not stipulate an absolute Floor Area, but
shall stipulate a square footage reduction from the allowable Floor Area, as may be
amended from time to time. The Sending Site shall remain eligible for certain
Floor Area incentives and/or exemptions as may be authorized by the City of
Aspen Land Use Code, as may be amended from time to time. The form of the
deed restriction shall be acceptable to the City Attorney.
Staff Finding
A deed restriction will be recorded sterilizing the new 9,000 square foot parcel to be created
through the lot split from future development since the floor area will be allocated for Historic
TDRs. Staff finds this criterion to be met.
G. A real estate closing has been schednled at which, upon satisfaction of all relevant
requirements, the City shall execute and deliver the applicable number of Historic
TDR Certificates to the Sending Site property owner and that property owner shall
execute and deliver a deed restriction lessening the available development right of
the subject property together with the appropriate fee for recording the deed
restriction with the Pitkin County Clerk and Recorder's Office.
Staff Finding
Upon approval of the establishment of the sixteen (16) TDRs and the associated land use
requests, the City shall schedule a real estate closing to execute the deed restrictions and deliver
the applicable TDR Certificates. Staff finds the criterion to be met.
H. It shall be the responsibility of the Sending Site property owner to provide building
plans and a zoning analysis of the Sending Site to the satisfaction ofthe Community
,
Development Director. Certain review fees may be required for the confirmation
of built Floor Area.
Staff Finding
The sending site will be a vacant, newly created parcel. Therefore, no
confirmation of the existing FAR is necessary since the site is vacant.
EXHIBIT A
HISTORICAL SOCIETY CONDITIONAL USE
REVIEW CRITERIA & STAFF FINDINGS
26.425.040 Standards applicable to all conditional nses.
When considering a development application for a conditional use, the Planning and Zoning
Commission shall consider whether all of the following standards are met, as applicable.
A. The conditional use is consistent with the purposes, goals, objectives and standards
of the Aspen Area Community Plan, with the intent of the zone district in which it is
proposed to be located, and complies with all other applicable requirements of this
Title; and
Staff Finding
Staff believes that the proposed conditional use amendment is consistent with the goals set forth
in the AACP related to preserving Aspen's irreplaceable historic resources by acting as part of
the catalyst in allowing for the Historical Society the ability to create sixteen (16) TDRs to sell
off in order to remain viable financially. Moreover, Staff feels that the proposed amendment will
preserve the character of the site by establishing the allowable FAR for the newly configured
museum parcel as the FAR of the existing development on the site. Staff finds this criterion to
be met.
B. The conditional use is consistent and compatible with the character of the
immediate vicinity of the parcel proposed for development and surrounding land
uses, or enhances the mixture of complimentary uses and activities in the immediate
vicinity of the parcel proposed for development; and
Staff Finding
Since the intent of the proposed conditional use amendment is simply to reestablish the existing
development as the approved site-specific development plan on the new museum parcel size of
44,400 square feet (in conjunction with the proposed lot split), Staff believes that the museum's
use and operational characteristics are not changing as a result of the proposed amendment.
Staff finds this criterion to be met.
C. The location, size, design and operating characteristics of the proposed conditional
use minimizes adverse effects, including visual impacts, impacts on pedestrian and
vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on
surrounding properties; and
"
,
Staff Finding
The proposed conditional use amendment is not proposing to alter the existing operational
characteristics of the museum. Instead, the proposed amendment simply reestablishes the
existing development as the approved site-specific development plan on the new museum parcel
size of 44,400 square feet (in conjunction with the proposed lot split). Staff fins this criterion to
be met.
D. There are adequate public facilities and services to serve the conditional use
including but not limited to roads, potable water, sewer, solid waste, parks, police,
fire protection, emergency medical services, hospital and medical services, drainage
systems, and schools; and
Staff Finding
Staff believes that the proposed conditional use amendment is not altering the need for public
facilities and services and the existing museum and associated carriage house are already served
by adequate public facilities and services. Staff finds this criterion to be met.
E. The applicant commits to supply affordable housing to meet the incremental need
for increased employees generated by the conditional use; and
Staff Finding
As was discussed in the memo, the Applicant is not required to provide affordable housing
mitigation for establishing and selling off the sixteen (16) Historic TDRs on the 9,000 square
foot lot that is to be created through the lot split associated with this conditional use amendment,
since the fathering 53,400 square foot parcel is designated to the Aspen Inventory of Historic
Sites and Structures. Staff finds this criterion to be met.
Cindy Houben, 08:25 AM 8j')~j2005 , Re: Historical Society's TDRs
Page I of I
E-Xl1dUI'J \'/)(j
X-Sender: cindyh@sam
X-Mailer: QUALCOMM Windows Eudora Pro Version 4.2.0.58
Date: Fri, 26 Aug 2005 08:25:28 -0600
To: James Lindt <jamesl@ci.aspen.co.us>
From: Cindy Houben <cindyh@ci.aspen.co.us>
Subject: Re: Historical Society's TDRs
Cc: chrisb@co.pitkin.co.us
JHi James, I have not had a chance to talk with the BOCC about this. I spoke with Chris briefly and I
think it is perfect opportunity to set up a work session with the BOCC and CC on TDR's. As you know
various potential needs to take TDR's have been leaking in from both sides and I think it deserves some
consideration. I will check it out with the BOCC if you want to ask the Cc. Let me know. Taking these
on a piece meal basis is not the way we should go.
My two cents: I have always thought the city is sitting on a goal mine with parking spaces ( I noticed in
the paper that spaces are being sold privately for 130,000 each. One thought is to swap TDR's for
permanent parking or 10 year parking spaces. The ad said that spaces rent for $275 a month! Just a
thought. Maybe this can be the City's form of $/ help for the non profits???????Cindy
At 04:22 PM 8/25/2005, you wrote:
Hi Cindy,
I had asked Lance about whether the County would be interested in setting up a program to accept
TDRs from the Historical Society and he indicated that you would be the person to speak with about
getting County comments on this. We have an application from the Historical Society to split 9,000 sf
of land from the Wheeler/Stallard property and sell off the development rights associated with the new
parcel in the form ofTDRs pursuant to our fairly new historic TDR system in the City. In association
with the review of the application, we have had a Council member express that the County should
accept part of the impact of the TDRs, since the application would serve as a funding mechanism for
the Historical Society to an extent and the County population uses the resources that the Historical
Society provides. So, I have been asked to see ifthe County would be interested in setting up a
program to accept some of these TDRs? Any comments on this matter that I can pass along to the
Council?
Thanks,
James
Printed for James Lindt <jamesI@ci.aspen.co.us>
8/29/2005
,
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RESOLUTION NO. 27
(SERIES OF 2005)
A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION,
RECOMMENDING THAT CITY COUNCIL APPROVE A CONDITIONAL USE TO
ESTABLISH THE ALLOW ABLE FLOOR AREA RATIO (FAR) FOR THE MUSEUM
USE ON THE RECONFIGURED WHEELER/STALLARD MUSEUM PARCEL, 620 W.
BLEEKER STREET, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY,
COLORADO.
Parcel ID#2735-124-31-801
WHEREAS, the Community Development Department received an application from the
Aspen Historical Society ("Applicant"), requesting approval of a conditional use in conjunction
with a subdivision exemption request for a lot split, to reestablish the allowable FAR of the
museum conditional use on the reconfigured Wheeler/Stallard Museum parcel (to be reduced in
size through the proposed lot split) as what exists in the museum structures and associated
carriage house, 620 W. Bleeker Street; and,
WHEREAS, the Wheeler/Stallard Museum is located in the R-6 Zone District, and is a
conditional use; and,
WHEREAS, no conditional use approval currently exists for the museum, so the existing
development constitutes the conditional use that is being amended by this resolution; and,
WHEREAS, the Wheeler/Stallard Museum is currently located on a parcel of land that
contains 53,400 square feet that is proposed to be reduced to 44,400 square feet by the associated
lot split request; and,
WHEREAS, the existing FAR in the Wheeler/Stallard Museum and associated carriage
house has been calculated by the Applicant to be 5,793 square feet; and,
WHEREAS, pursuant to Land Use Code Section 26.304.060(B)(I), Combined Reviews,
the Community Development Director in consultation with the Applicant has combined review
of the requested conditional use and lot split requests so that City Council shall be the final
review authority on both the conditional use and lot split requests; and,
WHEREAS, the Community Development Department reviewed the application for a
conditional use and recommended approval; and,
WHEREAS, during a duly noticed public hearing on August 16,2005, the Planning and
Zoning Commission approved Resolution No. 27, Series of 2005, by a five to zero (5-0) vote,
recommending that City Council approve a conditional use to reestablish the allowable FAR of
the museum conditional use on the reconfigured Wheeler/Stallard Museum parcel (to be reduced
in size through the proposed lot split) as what exists in the museum structures and associated
carriage house, 620 W. Bleeker Street; and,
WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the
development proposal under the applicable provisions of the Municipal Code as identified herein,
has reviewed and considered the recommendation of the Community Development Director, the
applicable referral agencies, and has taken and considered public comment at a public hearing; and,
WHEREAS, the Aspen Planning and Zoning Commission finds that the development
proposal meets or exceeds all applicable development standards and that the approval of the
development proposal, with conditions, is consistent with the goals and elements of the Aspen Area
Community Plan; and,
WHEREAS, the Aspen Planning and Zoning Commission finds that this Resolution
furthers and is necessary for the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING
AND ZONING COMMISSION as follows:
Section 1
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the
Aspen Planning and Zoning Commission recommends that City Council approve the requested
conditional use to reestablish the allowable FAR of the museum conditional use on the
reconfigured Wheeler/Stallard Museum parcel (to be reduced in size through the proposed lot
split) as what exists in the museum structures and associated carriage house, 620 W. Bleeker
Street, City and Townsite of Aspen, subject to the following conditions.
I. The allowable FAR for the museum use on revised museum parcel (parcel consisting of
44,400 square feet if the associated lot split request is subsequently approved by City
Council) shall be limited to the FAR of the existing museum structure and associated
carriage house (calculated to be 5,793 square feet by the Applicant).
2. Any changes to the existing development or operational characteristics of the museum
shall require review and approval of a conditional use amendment by the City of Aspen
Community Development Director or Aspen Planning and Zoning Commission,
depending on the magnitude of the change. The Community Development Director
shall determine whether such an amendment shall require review by the Planning and
Zoning Commission based on the procedures and guidelines established in Land Use
Code Section 26.425, Conditional Use.
3. The 9,000 square foot parcel to be created through the associated lot split request shall
not be used for anything other than the establishment of sixteen (16) Historic TDRs to
be sold and used on other parcels of land throughout the City of Aspen pursuant to the
procedures and guidelines established in Land Use Code Section 26.535, Transferable
Development Rights. A plat note to this affect shall be included on the lot split plat to be
recorded as a result of the proposed lot split being processed in association with this
conditional use request.
Section 2:
This Resolution 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 3:
If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason
held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and shall not affect the validity of the remaining
portions thereof.
APPROVED by the Commission at its regular meeting on August 16,2005.
APPROVED AS TO FORM:
PLANNING AND ZONING
COMMISSION:
City Attorney
Jasmine Tygre, Chair
ATTEST:
Jackie Lothian, Deputy City Clerk
. ('
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PUBLIC NOTICE . ( ('/ou50v15
RE: ASPEN HISTORICAL SOCIETY (620 W. BLEEKER ST.) CONDITIONAL USE, OW
LOT SPLIT, ESTABLISHMENT OF TRANSFERABLE DEVELOPMENT RIGHTS q/ I/"/
,/ !:;:r(h
NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, October 11,2005, .
at a meeting to begin at 5:00 p.m. before the Aspen City Council, Council Chambers, Basement of
Aspen City Hall, 130 S. Galena St., Aspen, to consider an application submitted by the Aspen
Historical Society, 620 W. Bleeker Street, Aspen, CO 81611, requesting approval of a
conditional use request to establish the existing site specific plan and operations for the museum
use at 620 W. Bleeker Street (Wheeler/Stallard Museum) as allowable on a smaller parcel size
than currently exists. The Applicant has requested approval of the conditional use in conjunction
with a lot split request to split the existing parcel into a 9,000 square foot lot and a 44,400 square
foot lot in order to establish 16 Historic Transferable Development Rights on the 9,000 square
foot lot to be created. The property subject to this application is legally described as Lots A-G and
Lots K-S, Block 23, City and Townsite of Aspen and is commonly known as the Wheeler/Stallard
Museum. For further information, contact James Lindt at the City of Aspen Community
Development Department, 130 S. Galena St., Aspen, CO, (970) 429-2763,jamesl@ci.aspen.co.us.
/ '
',j
s/Helen Kalin Klanderud, Mavor
Aspen City Council
Published in the Aspen Times on September 25, 2005
City of Aspen Account
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RESOLUTION NO. 27
(SERIES OF 2005)
A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION,
RECOMMENDING THAT CITY COUNCIL APPROVE A CONDITIONAL USE TO
ESTABLISH THE ALLOWABLE FLOOR AREA RATIO (FAR) FOR THE MUSEUM
USE ON THE RECONFIGURED WHEELER/STALLARD MUSEUM PARCEL, 620 W.
BLEEKER STREET, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY,
COLORADO.
Parcel ID#2735-124-31-801
WHEREAS, the Community Development Department received an application from the
Aspen Historical Society ("Applicant"), requesting approval of a conditional use in conjunction
with a subdivision exemption request for a lot split, to reestablish the allowable FAR of the
museum conditional use on the reconfigured Wheeler/Stallard Museum parcel (to be reduced in
size through the proposed lot split) as what exists in the museum structures and associated
carriage house, 620 W. Bleeker Street; and,
WHEREAS, the Wheeler/Stallard Museum is located in the R-6 Zone District, and is a
conditional use; and,
WHEREAS, no conditional use approval currently exists for the museum, so the existing
development constitutes the conditional use that is being amended by this resolution; and,
WHEREAS, the Wheeler/Stallard Museum is currently located on a parcel of land that
contains 53,400 square feet that is proposed to be reduced to 44,400 square feet by the associated
lot split request; and,
WHEREAS, the existing FAR in the Wheeler/Stallard Museum and associated carriage
house has been calculated by the Applicant to be 5,793 square feet; and,
WHEREAS, pursuant to Land Use Code Section 26.304.060(B)(l), Combined Reviews,
the Community Development Director in consultation with the Applicant has combined review
of the requested conditional use and lot split requests so that City Council shall be the final
review authority on both the conditional use and lot split requests; and,
WHEREAS, the Community Development Department reviewed the application for a
conditional use and recommended approval; and,
WHEREAS, during a duly noticed public hearing on August 16,2005, the Planning and
Zoning Commission approved Resolution No. 27, Series of 2005, by a five to zero (5-0) vote,
recommending that City Council approve a conditional use to reestablish the allowable FAR of
the museum conditional use on the reconfigured Wheeler/Stallard Museum parcel (to be reduced
in size through the proposed lot split) as what exists in the museum structures and associated
carriage house, 620 W. Bleeker Street; and,
WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the
development proposal under the applicable provisions of the Municipal Code as identified herein,
,.
.",
has reviewed and considered the recommendation of the Community Development Director, the
applicable referral agencies, and has taken and considered public comment at a public hearing; and,
WHEREAS, the Aspen Planning and Zoning Commission finds that the development
proposal meets or exceeds all applicable development standards and that the approval of the
development proposal, with conditions, is consistent with the goals and elements of the Aspen Area
Community Plan; and, .
WHEREAS, the Aspen Planning and Zoning Commission finds that this Resolution
furthers and is necessary for the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING
AND ZONING COMMISSION as follows:
Section 1
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the
Aspen Planning and Zoning Commission recommends that City Council approve the requested
conditional use to reestablish the allowable FAR of the museum conditional use on the
reconfigured Wheeler/Stallard Museum parcel (to be reduced in size through the proposed lot
split) as what exists in the museum structures and associated carriage house, 620 W. Bleeker
Street, City and Townsite of Aspen, subject to the following conditions.
I. The allowable FAR for the museum use on revised museum parcel (parcel consisting of
44,400 square feet if the associated lot split request is subsequently approved by City
Council) shall be limited to the FAR of the existing museum structure and associated
carriage house (calculated to be 5,793 square feet by the Applicant).
2. Any changes to the existing development or operational characteristics of the museum
shall require review and approval of a conditional use amendment by the City of Aspen
Community Development Director or Aspen Planning and Zoning Commission,
depending on the magnitude of the change. The Community Development Director
shall determine whether such an amendment shall require review by the Planning and
Zoning Commission based on the procedures and guidelines established in Land Use
Code Section 26.425, Conditional Use.
3. The 9,000 square foot parcel to be created through the associated lot split request shall
not be used for anything other than the establishment of sixteen (16) Historic TDRs to
be sold and used on other parcels of land throughout the City of Aspen pursuant to the
procedures and guidelines established in Land Use Code Section 26.535, Tramferable
Development Rights. A plat note to this affect shall be included on the lot split plat to be
recorded as a result of the proposed lot split being processed in association with this
conditional use request.
Section 2:
This Resolution 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 3:
If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason
held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and shall not affect the validity of the remaining
portions thereof.
APPROVED by the Commission at its regular meeting on August 16,2005.
APPROVED AS TO FORM:
PLANNING AND ZONING
COMMISSION:
City Attorney
Jasmine Tygre, Chair
ATTEST:
Jackie Lothian, Deputy City Clerk
,.."
....,..,.,
",.,,,",
AGENDA
ASPEN PLANNING AND ZONING COMMISSION
REGULAR MEETING
TUESDAY, August 16, 2005
4:30 p.m.
SISTER CITIES, CITY HALL
I. COMMENTS
A. Commissioners
B. Planning Staff
C. Public
II. MINUTES
III. DECLARATION OF CONFLICT OF INTEREST
IV. PUBLIC HEARINGS:
A. Aspen Historical Society, Conditional Use, James Lindt
B. Holiday House Affordable Housing PUD, Jennifer Phelan
V. BOARD REPORTS
VI. ADJOURN
.
"-'
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MEMORANDUM
TO: Aspen Planning and Zoning Commission
JA:^
THRU: Joyce Allgaier, Community Development Deputy Director
FROM: James Lindt, Senior Planner 3L-
RE: Aspen Historical Society Conditional Use Review, Resolution No:1:j;series of
2005-Public Hearine: .
DATE: August 16,2005
REVIEW PROCEDURE:
Conditional Use:
The Planning and Zoning Commission shall by
resolution, recommend that City Council
approve, approve with conditions, or deny the
conditional use request since this conditional
use request has been combined with the review
of the associated lot split and TDR
establishment requests pursuant to Land Use
Code Section 26.304.060(B)(l), Combined
Reviews.
ApPLICANT:
Aspen Historical Society
LOCATION:
620 E. Bleeker Street
ZONING:
R-6 Zone District
STAFF RECOMMENDATION:
Approval with conditions.
Photo Above: Portion of Parcel to be split
off from Historical Society Parcel.
SUMMARY:
The Aspen Historical Society ("Applicant") has requested approval of a conditional use to
establish the allowable FAR of the Wheeler/Stallard Museum as the existing FAR in the museum
and associated carriage house. Since the subject property is located in the R-6 Zone District,
which only sets forth an allowable FAR for single-family and duplex residential dwelling units,
the museum, as a conditional use, is considered to have an allowable FAR of what currently
exists. The Applicant would like to split off a 9,000 square foot portion of the existing 53,400
square foot parcel through an associated lot split request and sell off the development rights in
-..
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the form of Historic Transferable Development Rights (TDRs). The conditional use approval is
used to establish the FAR on the Wheeler/Stallard Museum as what currently exists (FAR
existing in the Wheeler/Stallard Museum and associated carriage house) on the new museum
parcel size of 44,400 square feet (after the lot split). It should be noted that the Applicant has
. proposed to sell off all of the development rights on the 9,000 square foot lot to be created
through the proposed lot split and the new 9,000 square foot lot will contain no new
development.
RELATED LAND USE REQUESTS AND PROCEDURES:
The Applicant has requested approval of the following land use actions in association with the
conditional use request:
. Subdivision Exemption for a Lot Split.
. Establishment of Historic Transferable Development Rights.
The Applicant has also requested the ability to combine the review of the conditional use request
with the review of the lot split and TDR establishment requests pursuant to Land Use Code
Section 26.304.060(B)(I), Combined Reviews. In response to the Applicant's request to combine
the reviews, the Community Development Director has approved the ability to combine the
. reviews of the conditional use request and the other requests so tllat City Council is the final
review authority on all of the actions, finding that combining the reviews will ensure clarity.
STAFF COMMENTS:
As was described above, the Applicant is not proposing to change the size or operational
characteristics of the museum through the proposed conditional use. Instead, the Applicant is
simply proposing to establish the allowable FAR for the museum and associated carriage house
as what exists (existing FAR of the museum and associated carriage house with no additional
development) on the new museum parcel size of 44,400 square feet after the completion of the
lot split.
Imvacts of ReQuest..
In evaluating the request to establish the allowable FAR as the existing FARon the property,
Staff does not believe that it will have any visual or operational impacts on the site. Moreover,
the Applicant will be able to split the lot and sell off the proposed sixteen (16) TDRs since the lot
split will not create a non-conformity with regards to the FAR of the existing buildings on the
site, given that the museum FAR will be locked in as a result of the conditional use request.
Restrictions on Wheeler/Stallard Museum:
The charter of the Wheeler/Stallard Museum applies private covenant restrictions on tile museum
that does not allow the site to be developed with any additional structures. This is a private
covenant issue that the City does not regulate. Nonetheless, Staff feels that the proposal would
be consistent with this restriction in that the Applicant is not proposing to develop any additional
structures on the site. Staff has included a condition of approval reinforcing that no additional
development will occur on the fathering parcel consisting of 53,400 square feet without
obtaining a conditional use amendment and that the new parcel to b"e created through the lot split
be sterilized from development due to the creation of the proposed sixteen (16) TDRs.
r~'
.....,
Growth Manazement:
As far as growth management is concerned, no employee housing mitigation is required to split
the lot and sell off the sixteen (16) TDRs from the newly created 9,000 square foot parcel
because the fathering parcel is exempt from growth management pursuant to Land Use Code
Section 26.470.070(A)(4), Exempt Development: Single-family and Duplex Development on
Historic Landmark Properties, because it is designated to the Aspen Inventory of Historic Sites
and Structures. Additionally, the establishment of TDR certificates is exempt from growth
manago;:ment pursuant to Land Use Code Section 26.470.040(A)(6), Exempt Development:
Transferable Development Rights.
RECOMMENDATION:
Staff recommends approval of the proposed conditional nse request to establish the
allowable FAR of 5,793 square feet for the museum use on the Aspen Historical Society
parcel as the existing FAR of the structures on the site. Staff recommends approval of the
attached resolution, recommending that City Council approve the proposed conditional use
request.
RECOMMENDED MOTION: (ALL MOTIO~S RE MADE IN THE AFFIRMA TlVE)
"I move to approve Resolution No. , Series of 2005, recommending that City Council
approve with conditions, a conditional u to establish the allowable FAR for a museum use on
reconfigured Wheeler/Stallard property of 44,400 square feet as the FAR of the existing site-
specific development plan, consisting of 5,793 square feet of FAR, 620 W. Bleeker Street, City
and Townsite of Aspen."
ATTACHMENTS:
Exhibit "A"- Review Criteria and Staff Responses
Exhibit "B"- Application
~
-
RESOLUTION NO. ~ r
(SERIES OF 2004)
A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION,
RECOMMENDING THAT CITY COUNCIL APPROVE A CONDITIONAL USE TO
ESTABLISH THE ALLOWABLE FLOOR AREA RATIO (FAR) FOR THE MUSEUM
USE ON THE RECONFIGURED WHEELER/STALLARD MUSEUM PARCEL, 620 W.
BLEEKER STREET, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY,
COLORADO.
ParcellD#2735-124-31-801
WHEREAS, the Community Development Department received an application from the
Aspen Historical Society ("Applicant"), requesting approval of a conditional use in conjunction
with a subdivision exemption request for a lot split, to reestablish the allowable FAR of the
museum conditional use on the reconfigured Wheeler/Stallard Museum parcel (to be reduced in
size through the proposed lot split) as what exists in the museum structures and associated
carriage house, 620 W. Bleeker Street; and,
WHEREAS, tile Wheeler/Stallard Museum is located in the R-6 Zone District, and is a
conditional use; and,
WHEREAS, no conditional use approval currently exists for the museum, so the existing
development constitutes the conditional use that is being amended by this resolution; and,
WHEREAS, the Wheeler/Stallard Museum is currently located on a parcel of land that
contains 53,400 square feet that is proposed to be reduced to 44,400 square feet by the associated
lot split request; and,
WHEREAS, tile existing FAR in tile Wheeler/Stallard Museum and associated carriage
house has been calculated by the Applicant to be 5,793 square feet; and,
WHEREAS, pursuant to Land Use Code Section 26.304.060(B)(I), Combined Reviews,
the Community Development Director in consultation with the Applicant has combined review
of the requested conditional use and lot split requests so that City Council shall be the final
review authority on both the conditional use and lot split requests; and,
WHEREAS, the Community Development Department reviewed the application for a
conditional use and recommended approval; and,
WHEREAS, during a duly noticed public hearing on August 16,2005, the Planning and
Zoning Commission approved Resolution No. _, Series of 2005, by a _ to _ L---.J vote,
recommending that City Council approve a conditional use to reestablish the allowable FAR of
the museum conditional use on the reconfigured Wheeler/Stallard Museum parcel (to be reduced
in size through the proposed' lot split) as what exists in the museum structures and associated
carriage house, 620 W. Bleeker Street; and,
WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the
development proposal under the applicable provisions of the Municipal Code as identified herein,
has reviewed and considered the recommendation of the Community Development Director, the
applicable referral agencies, and has taken and considered public comment at a public healing; and,
'"
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. WHEREAS, the Aspen Planning and Zoning Commission finds tllat the development
proposal meets or exceeds all applicable development standards and that the approval of the
development proposal, with conditions, is consistent with the goals and elements of the Aspen Area
Community Plan; and,
WHEREAS, tile Aspen Planning and Zoning Commission finds that this Resolution
furthers and is necessary for the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING
AND ZONING COMMISSION as follows:
Section 1
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the
Aspen Planning and Zoning Commission recommends that City Council approve the requested
conditional use to reestablish the allowable FAR of the museum conditional use on the
reconfigured Wheeler/Stallard Museum parcel (to be reduced in size through the proposed lot
split) as what exists in the museum structures and associated carriage house, 620 W. Bleeker
Street, City and Townsite of Aspen, subject to the following conditions.
I. The allowable FAR for the museum use on revised museum parcel (parcel consisting of
44,400 square feet if the associated lot split request is subsequently approved by City
Council) shall be limited to the FAR of the existing museum structure and associated
carriage house (calculated to be 5,793 square feet by the Applicant).
2. Any changes to the existing development or operational characteristics of tile museum
shall require review and approval of a conditional use amendment by the City of Aspen
Community Development Director or Aspen Planning and Zoning Commission,
depending on the magnitude of the change. The Community Development Director
shall determine whether such an amendment shall require review by the Planning and
Zoning Commission based on the procedures and guidelines established in Land Use
Code Section 26.425, Conditional Use.
3. The 9,000 square foot parcel to be created through the associated lot split request shall
not be used for anything other than the establishment of sixteen (16) Historic TDRs to
be sold and used on other parcels of land throughout the City of Aspen pursuant to the
procedures and guidelines established in Land Use Code' Section 26.535, Transferable
Development Rights. A plat note to this affect shall be included on the lot split plat to be
recorded as a result of the proposed lot split being processed in association with this
conditional use request.
Section 2:
This Resolution 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 3:
If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason
held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and shall not affect the validity of the remaining
portions tllereof.
APPROVED by the Commission at its regular meeting on August 16,2005.
APPROVED AS TO FORM:
PLANNING AND ZONING
COMMISSION:
City Attorney
Jasmine Tygre, Chair
ATTEST:
Jackie Lothian, Deputy City Clerk
"
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EXHIBIT A
HISTORICAL SOCIETY CONDITIONAL USE
REVIEW CRITERIA & STAFF FINDINGS
26.425.040 Standards applicable to all conditional uses.
When considering a development application for a conditional use, the Plarming and Zoning
Commission shall consider whether all of the following standards are met, as applicable.
A. The conditional use is consistent with the pnrposes, goals, objectives and standards
of the Aspen Area Community Plan, with the intent of the zone district in which it is
proposed to be located, and complies with all other applicable requirements of this
Title; and
Staff Finding
Staff believes that the proposed conditional use amendment is consistent with the goals set forth
in the AACP related to preserving Aspen's irreplaceable historic resources by acting as part of
the catalyst in allowing for the Historical Society the ability to create sixteen (16) TDRs to sell
off in order to remain viable financially. Moreover, Staff feels that the proposed amendment will
preserve the character of the site by establishing the allowable FAR for the newly configured
museum parcel as the FAR of the existing development on the site. Staff finds this criterion to
be met.
B. The conditional use is consistent and compatible with the character of the
immediate vicinity of the parcel proposed for development and surrounding land
uses, or enhances the mixture of complimentary uses and activities in the immediate
vicinity ofthe parcel proposed for development; and
Staff Finding
Since the intent of the proposed conditional use amendment is simply to reestablish the existing
development as the approved site-specific development plan on the new museum parcel size of
44,400 square feet (in conjunction with the proposed lot split), Staff believes that the museum's
use and operational characteristics are not changing as a result of the proposed amendment.
Staff finds this criterion to be met.
C. The location, size, design and operating characteristics of the proposed conditional
use minimizes adverse effects, including visual impacts, impacts on pedestrian and
vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on
surrounding properties; and
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Staff Finding
The proposed conditional use amendment is not proposing to alter the existing operational
characteristics of the museum. In stead, the proposed amendment simply reestablishes the
existing development as the approved site-specific development plan on the new museum parcel
size of 44,400 square feet (in conjunction with the proposed lot split). Staff fins this criterion to
be met.
D. There are adequate public facilities and services to serve the conditional use
including but not limited to roads, potable water, sewer, solid waste, parks, police,
fire protection, emergency medical services, hospital and medical services, drainage
systems, and schools; and
Staff Finding
Staff believes that the proposed conditional use amendment is not altering the need for public
facilities and services and the existing museum and associated carriage house are already served
by adequate public facilities and services. Staff finds this criterion to be met.
E. The applicant commits to supply affordable honsing to meet the incremental need
for increased employees generated by the conditional use; and
Staff Finding
As was discussed in the memo, the Applicant is not required to provide affordable housing
mitigation for establishing and selling off the sixteen (16) Historic TDRs on the 9,000 square
foot lot that is to be created through the lot split associated with this conditional use amendment,
since the fathering 53,400 square foot parcel is designated to the Aspen Inventory of Historic
Sites and Structures. Staff finds this criterion to be met. .
I
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ATTACHMENT 7
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY: /-IIS!OVI(CC. ( ~)(€-J-v
SCHEDULED PUBLIC HEARING DATE: ?;/; fjlf2 5
, Aspen, CO
,200
STATE OF COLORADO )
) ss.
County of Pitkin )
I, JCt\;v\~c; l~iVl(j t. (name, please print)
being or representing an Applicant to the City of Aspen, Colorado, hereby personally
certify that I have complied with the public notice requirements of Section 26.304.060
(E) ofthe Aspen Land Use Code in the following manner:
---.2( Publication of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fifteen (15)
days prior to the public hearing. A copy of the publication is attached hereto.
_ Posting of notice: By posting of notice, which form was obtainedifrom the
Community Development Department, which was made of suitabl~,
waterproof materials, which was not less than twenty-two (22) inc~s wide
and twenty-six (26) inches high, and which was composed ofletters not
less than one inch in height. Said notice was posted at least fifteen (15) days
prior to the public hearing and was continuously visible from the _ day of
, 200 , to and including the date and time of the public
hearing. A photograph of the posted notice (sign) is attached hereto.
_ Mailing of notice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to
the public hearing, notice was hand delivered or mailed by first class postage
prepaid U.S. mail to any federal agency, state, county, municipal government,
school, service district or other governmental or quasi-governme'ptal agency that
owns property within three hundred (300) feet of the property subject to the
development application. The names and addresses of property o-ivners shall be
those on the current tax records of Pitkin County as they appeared no more than
sixty (60) days prior to the date of the public hearing. A copy of the owners and
governmental agencies so noticed is attached hereto.
(continued on next page)
,-....
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Rezoning or text amendment. Whenever the official zoning district map is in
any way to be changed or amended incidental to or as part of a general revision
of this Title, or whenever the text of this Title is to be amended, whether such
revision be made by repeal of this Title and enactment of a new land use
regulation, or otherwise, the requirement of an accurate survey map or other
sufficient legal description of, and the notice to and listing of names and
addresses of owners of real property in the area of the proposed change shall
be waived. However, the proposed zoning map has been available for public
inspection in the planning agency during all business hours for fifteen (15) days
prior to the public hearing on such amendments.
~g6 ,:d!"dj
nature
The foregoing "Affidavit of Notice" was aCknowledged,before m~ l day
of A~ ' 200S, by eY.... ' ~ }-... 1 ......
\VITNESS !\1Y HA}~D AND OFFICIAL SEAL
My commission expires: L( / .;1.3
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PUBUC NOTICE
RE ASPEN Hl5TORlC~CIETY (620 E BLEEK-
ER 51) CONDmONAL Y GIVEN that a public _
NOTICE IS HE 05
hearmg wUl be held 0 Tuesday AugU,st 16"h"0"
430 pm beore ""'-
at a meeting \0 begin at SIsler ell
pen Planlung and Zoning com~lss~~1 1305 Ga-
R Basement 01 Aspen Ity a
~:~a ~~m Aspen \0 consider an apPhcatlo~2~U~
Ih Aspen Hlstoncal SOCIety
mltled by e CO 81611, requestmg ap-
Bleeker Street Aspen, I to establlsh
prova\olaCOndltlOnaIUsere~:SoperatlOnslor
the eXlslmg site s~~~ :I~eeker Street (Wheel-
the museum use a allowable on a smaller
erf Stallard Museum) as \ Th' Apphcant
h rentlyeXlSS
parcel sIze t an cur aI I the condltlonal usem
hasrequestedapprov sOhtrequesttosphtthe
conlunctlon With a lot P" lot and a
a 9000 square 00
eXIslmg parcel Into der to establlsh HIstor- JPYOF "''HEPU'BLICATION
44400 square loot lot mor th 9000 .I.,
lC Translerable Developmen~ R\~:s p:pe~Y ~ub-
are loot lot to be create
;: to thiS apphcatlOn IS ~e~~llYcI~;S:~:w~_ll OF THE POSTED NOTICE (SIGN)
~~s ~-G~~n~~d K: ~::monIY known as the
Ln Wheele, rISta~\~d MUt~:~", ~ontact James Lindt at GOVERNMENTAL AGENCIES NOTICED
For lurther m orma I .\ Development De-
the CIty 01 Aspen Co S un~pen CO (970) 429- BY klAIL
partment,130s.Galen t.. "
2763, jarnesl@d.aspen. o-us~IJasmine Tygre, Chair
Aspen Planning and Zoning Commission
. h '~nPn Times Weekly on July 31,
published m t e ~..~
200~. (2941)
Notary Public
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ATTACHMENT 7
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY: 620 E. Bleeker Street twheelerlStaUanl Museu..
. Aspen, CO
SCHEDULED PUBLIC HEARING DATE: 16 AUl!ust .200S
STATEOFCOLORAOO )
)ss.
County of Pitkin )
I, F. L. (Stan) Clauson (name, please print)
being or representing an Applicant to the City of Aspen, Colorado, hereby personally
certify that I have complied with the public notice requirements of Section 26.304.060
(E) of the Aspen Land Use Code in the following manner:
X Publication of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fifteen (15)
days prior to the public hearing. A copy of the publication is attached hereto.
X Posting of notice: By posting of notice, which form was obtained from the
Community Development Department, which was made of suitable,
waterproof materials, which was not less than twenty-two (22) inches wide
and twenty-six (26) inches high, and which was composed ofletters not
less than one inch in height. Said notice was posted at least fifteen (15) days
prior to the public hearing and was continuously visible from the 29 day of
Julv , 200L to and including the date and time of the public
hearing. A photograph of the posted notice (sign) is attached hereto.
X Mailing of notice. By the mailing of a notice obtained from the Community
Development Deparbnent, which contains the information described in Section
26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (IS) days prior to
the public hearing, notice was hand delivered or mailed by first class postage
prepaid U.S. mail to any federal agency, state, county, municipal government,
school, service district or other governmental or quasi-governmental agency that
owns property within three hundred (300) feet of the property subject to the
development application. The names and addresses of property owners shall be
those on the current tax records of Pitkin County as they appeared no more than
sixty (60) days prior to the date of the public hearing. A copy of the owners and
governmental agencies so noticed is attached hereto.
(continued on next page)
~-==~ ---
Rezoning or text amendment. Whenever the official zoning district map is in
any way to be changed or amended incidental to or as part of a general revision
of this Title, or whenever the text of this Title is to be amended, whether such
revision be made by repeal of this Title and enactment of a new land use
regulation, or otherwise, the requirement of an accurate survey map or other
sufficient legal description of, and the notice to and listing of names and
addresses of owners of real property in the area of the proposed change shall
be waived. However, the proposed zoning map has been available for public
inspection in the planning agency during all business hours for fifteen (15) days
prio, '" <Ire pub'" "..n"" nn ,OC~
The foregoing "Affidavit of Notice" was acknowledged before me this 2.9dayof
()h/Y , 2005: by ~L. f?..~~,/\)
,
WITNESS MY HAND AND OFFICIAL SEAL
ATTACHMENTS:
WFTHE PUBLICATION
OF THE POSTED NOTICE (SIGN)
[)VERNMENT AL AGENCIES NOTICED
BY MAIL
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PUBLIC NonCE
RE: ASPEN IDSTORICAL SOCIETY (628 E. BLEDCER. ST.) CONDITIONAL USE
NonCE IS HEREBY GIVEN that a public hearing will be held on Tuesday, August 16,2005, at
a meeting to begin at 4:30 p.m. before the Aspen PllIIWIir1g and Zoning Co......k~ Sister Cities
Room, Basement of Aspen City Hall, 130 S. Galena St., Aspen, to consider an application
submitted by the Aspen Historical Society, 620 W. Bleeker Street, Aspen, CO 81611, requesting
approval of a conditional use request to establish the existing site specific plan and operations for
the museum use at 620 E. Bleeker Street (WheelerlStallard Museum) as allowable on a smaller
parcel size than currently exists. The Applicant has requested approval of the conditional use in
conjunction with a lot split request to split the existing parcel into a 9,000 square foot lot and a
44,400 square foot lot in order to establish Historic Transferable Development Rights on the
9,000 square foot lot to be created. The property ~ to this application is IegalJy described as
Lots A-G and Lots K-S, Block 23, City and Townsite of Aspen and is commonly known as the
WheelerlStallard Museum. For further information, rootact James Lindt at the City of Aspen
Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429-2763,
jamesl@ci.aspen.co.us.
slJasmine Tve:re. Chair
Aspen Planning and Zoning Commission
Published in the Aspen Times on July 31, 2005
City of Aspen Account
Jam and Smudge Free Printing
Use Pwery& TEMPLATE S160@
OLIVER SPORTS BRACING LLC
PO BOX 10916
ASPEN, CO 81612
PAMAYACULLC
, 9121 E TANQUE VERDE #105
TUCSON, AZ 85749
PEARSON MARK M & LEES M
702 W MAIN ST
ASPEN, CO 81611
RITCHIE ROBERT
701 W FRANCIS ST
ASPEN, CO 81611
SANDERS BARBARA
PO BOX 8598
ASPEN, CO 81612
SHAFROTH DIANA H TRUST
3901 E BELLE VIEW AVE
LITTLETON, CO 80121
ULLR HOMEOWNERS
ASSOCIATION
i 600 E HOPKINS #304
! ASPEN, CO 81611
WAGNER HOLDINGS
CORPORATION LLC
C/O BILL POSS
605 E MAIN ST
ASPEN, CO 81611
WATERS SOMERSET
MILLBROOK SCHOOL
MILLBROOK, NY 12545
WM HOLDINGS LLC
C/O KELLY MITCHELL
300 B AABC
ASPEN, CO 81611
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. OLSHAN BURTON D 1/2
I OLSHAN KATHLEEN W 1/2
5408 OLD LEEDS RD
! BIRMINGHAM, AL 35210
PARFET DONALD R & ANNE V
11000 RIDGEWOOD LN
RICHLAND, MI 49083
PUMAYACULLC
C/O AMBER MICHAEL
9121 E TANQUE VERDE #105
TUCSON, AZ 85749
RUSSO NICK A
PO BOX 4743
ASPEN, CO 81612
SCHOEBERLEIN DEBORAH &
JOSEPH
520 W MAIN ST APT 23
ASPEN, CO 81611-1656
SIV ART HLDGS L TD PTNR
21 BREEZY KNOLL
i AVON, CT 06001
VERLEGER pmLIP K JR &
MARGARET B
615 W FRANCIS ST
ASPEN, CO 81611
WALTZ FAMILY TRUST
6075 LA JOLLA SCENIC DR
LA JOLLA, CA 92037
WELLS JANE I
721 W NORTH ST
ASPEN, CO 81611
WOGAN WENDY
533 W FRANCIS
ASPEN, CO 81611
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P B HOLDINGS LLC
725 W BLEEKER ST
ASPEN, CO 81611
PATRICK KEVIN
730 E DURANT AVE #200
ASPEN, CO 81611
RAZEK EDWARD G
3 LIMITED PKWY
COLOMBUS,OH 43230
RUTHERFORD MICHAEL G
5 E GREENWAY PLAZA #220
HOUSTON, TX 77046
SCHULER DEE M & R KENT
417 HOLLAND HILLS RD
BASALT, CO 81621
THOMSON SHANTA KIM
PO BOX 2503
ASPEN, CO 81612
VICENZI GEORGE A TRUST
PO BOX 2238
ASPEN, CO 81612
WARE NINA COULTER
34 CLERMONT LN
ST LOmS, MO 63124
WILSON MARY ELIZABETH
630 W HALLAM ST
ASPEN, CO 81611
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HERNANDEZ LORENE & CECIL M
PO BOX 1045
ASPEN, CO 81612
HORTON DAYNA L
C/O STIRLING HOMES
600 E MAIN ST #102
ASPEN, CO 81611
IGLEHART JAMES P
610 W HALLAM ST
ASPEN, CO 81611
KEY R BRILL & ELIZABETH R
C/O KEY MEDIA
720 E HYMAN #301
ASPEN, CO 81611
LEVIN WILLIAM A
86 CHAMBERS ST #201
NEW YORK, NY 10007
MACDONALD BETTE S TRUST
i 15 BLACKMER RD
ENGLEWOOD, CO 80110
MANGONE PARTNERSHIP LP
12687 W CEDAR DR #100
LAKEWOOD, CO 80228
MCCAUSLAND LINDA
PO BOX 1584
ASPEN, CO 81612
MICROPLAS MGMT CO
C/O EDWARD J CAWLEY
790 W HALLAM #10
ASPEN, CO 81611
NATIONWIDE THEATRES
CORPORATION
A CALIFORNIA CORPORATION
120 N ROBERTSON BLVD
LOS ANGELES, CA 90048
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504 W BLEEKER
ASPEN, CO 81611
. : HOTEL ASPEN CONDOMINIUM
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: 110 WEST MAIN STREET
ASPEN, CO 81611
KAFRISSEN ARTHUR & CAROLE F
PO BOX 10727
ASPEN, CO 81612-9780
KOVAL BARBARA TRUST
C/O NORTH OF NELL
, 555 E DURANT
ASPEN, CO 81611
LEVINE THEODORE A
SWANSON LUCIA D
425 E 58TH ST #25H
NEW YORK, NY 10022
MAEWEST LLC
ATTN: DOROTHY A SHARP
! 706 WEST MAIN
ASPEN, CO 81611
MARTIN JAMES R QPRT
TRUST CO OF KNOXVILLE TRSTE
, 620 MARKET ST #300
! . KNOXVILLE, TN 37902
MCGARVEY JAMES N JR & PAULA S
! 81 PONTE VEDRA BLVD
PONTE VEDRA BEACH, FL 32082
MOUNTAIN RESCUE ASPEN INC
630 W MAIN ST
. ASPEN, CO 81611
NIEBUR DEW AYNE E & JO ANN E
721 W FRANCIS
ASPEN, CO 81611
A1l3^"-09-008-L
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HILLMAN TATNALL LEA
504 W BLEEKER ST
ASPEN, CO 81611
HUNT ROGER H
PO BOX 3944
ASPEN, CO 81612
KC ASPEN LLC
75-5706 HANAMA PLACE SUITE 104
KAILUA-KONA, HI 96740
LDD WEST LLC
220 N SMITH ST STE 300
PALATINE,IL 60067-2448
LUU INVESTMENTS LLC
435 E MAIN ST
ASPEN, CO 81611
MANCLARK WILLIAM & DARLEEN
TRUST
313 E BAY FRONT
BALBOA ISLAND, CA 92662
MATKIN SALOISE
605 E MAIN ST #5
ASPEN, CO 81611
MCMANUS JAMES R
1552 POST RD
FAIRFIELD, CT 06824-5935
. MULLEN MICHEL
8411 PRESTON RD #730 LB 2
DALLAS, TX 75225
NORTH AND SOUTH ASPEN LLC
200 S ASPEN ST
ASPEN, CO 81611
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635 WEST BLEEKER LLC
C/O NANCY SPEARS
POBOX 2630
ASPEN, CO 81612
ASPEN HOUSING LLC
299 MILWAUKEE ST STE 502
DENVER, CO 80206
BAKER WILLIAM
790 W HALLAM UNIT #1
ASPEN, CO 81611
BOYE CAROL
2655 LAKE DR #4
. SINGER ISLAND, FL 33404
CLEANER EXPRESS
, 435 E MAIN ST
I ASPEN, CO 81611
CROCKETT E DAVID TRUSTEE
CROCKETT ANN RAE TRUSTEE
10898 MORA DR
LOS ALTOS fiLLS, CA 94024
DESTINATION RESORT MGMT INC
610 WEST END ST
ASPEN, CO 81611
FERGUS ELIZABETH DAWSON
PO BOX 1515
ASPEN, CO 81612
GOLDMAN RICHARD FAMILY LP
35 STONEWOOD DR
MORELAND HILLS, OH 44022
HARRY SALLY 50%
601 E HOPKINS 3RD FL
ASPEN, CO 81611
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600 E HOPKINS AVE
ASPEN, CO 81611
ASPEN SQUARE CONDOMINIUMS
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ASPEN, CO 81611
BAUER WALTERFTRUST
15935 VALLEY VISTA
ENCINO, CA 91436
BREIDENBACH WARREN C
225 ABRAHAM FLEXNER WY #700
LOmSVILLE, KY 40202
COULTER GLYNNIE
PO BOXL3
ASPEN, CO 81612
CZECH NOAH
PO BOX 12086
ASPEN, CO 81612
EMERSON LTD
C/O SWEENEY
533 W HALLAM ST
ASPEN, CO 81611
FRANCIS MARY VIRGINIA
711 W BLEEKER
ASPEN, CO 81611
i
. ! GORDMAN LINDA K
718 W HALLAM ST
ASPEN, CO 81611-1146
HAYES MARY FAMILY PTNSP LTD
PO BOX 497
ASPEN, CO 81612
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@ AVERY@ S160@
ASPEN CONDOMINIUM
ASSOCIATION
600 E HOPKINS AVE STE 304
ASPEN, CO 81611-2934
BAILEY MIRANDA 1994 TRUST 50%
15808798METAVANTE WAY
SIOUX FALLS, SD 57186
BOWEN-STANLEY PAMELA
2934 1/2 N BEVERLY GLEN cm #482
LOS ANGELES, CA 90077
CITY OF ASPEN
130 S GALENA ST
ASPEN, CO 81611
CRITERION HOLDING CO LLC
790 W HALLAM ST #10
ASPEN, CO 81611
DEROSA THOMAS J
PO BOX 817
BROOKLANDVILLE, MD 21022
FELD ANNE S
1700 PACIFIC AVE STE 4100
DALLAS, TX 75201
FRIAS PROPERTIES OF ASPEN LLC
730 E DURANT
ASPEN, CO 81611
HALLAM SIX LLC
4430 ARAPAHO STE 110
BOULDER, CO 80303
HENRY KRISTEN
525 W HALLAM ST
ASPEN, CO 81611-1246
@09~5 ~!Ieqe6 91 Z9S!llln
.:Ilnllhu .:IlFaDlI"IIo:IIC P ,;::a ;::afipunnnl'Lu~ uOI~~a.Jdwl
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PUBLIC NOTICE ~ 0' 011
RE: ASPEN HISTORICAL SOCIETY (620 E. BLEEKER ST.) CONDITIONAL USE ijZ/
NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, August] 6,2005, at
a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities
Room, Basement of Aspen City Hall, 130 S. Galena St., Aspen, to consider an application
submitted by the Aspen Historical Society, 620 W. Bleeker Street, Aspen, CO 8]6]], requesting
approval of a conditional use request to establish the existing site specific plan and operations for
the museum use at 620 E. Bleeker Street (Wheeler/Stallard Museum) as allowable on a smaller
parcel size than currently exists. The Applicant has requested approval of the conditional use in
conjunction with a lot split request to split the existing parcel into a 9,000 square foot lot and a
44,400 square foot lot in order to establish Historic Transferable Development Rights on the
9,000 square foot lot to be created. The property subject to this application is legally described as
Lots A-G and Lots K-S, Block 23, City and Townsite of Aspen and is commonly known as the
Wheeler/Stallard Museum. For further information, contact James Lindt at the City of Aspen
Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429-2763,
jamesl@ci.aspen.co.us.
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s/Jasmine TVl!:re. Chair
Aspen Planning and Zoning Commission
Published in the Aspen Times on July 31, 2005
City of Aspen Account
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MEMORANDUM
To:
Aspen Historic Preservation committee
From:
Roxanne Eflin, Historic Preservation Planner
Re:
Final Development Review Wheeler-Stallard Carriage
House addition, 620 W. Bleeker
Date:
February 28, 1990
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APPLICANT'S REQUEST: Final Development approval for the addition
to the carriage house, and an FAR variation in the amount of
140.5 sq. ft.
PREVIOUS HPC ACTION: On October 18, 1989, the HPC reviewed the
proposal to add restrooms and storage space in the form of an
addi tion to the Historical Society's Wheeler-Stallard Carriage
House. The Committee found the design incompatible with the
parcel, and unanimously voted to table action, allowing the
applicant time to restudy the proposal.
On December 13, 1989,
approval to the revised
to be met at Final:
the HPC granted Conceptual Development
proposal, with the following conditions
1. Exact materials shall be represented
2. Landscaping plans, including walkway materials, shall
be submitted
3. The foundation base shall be clapboard, not stone
veneer as proposed
4. Fenestration shall be restudied on ground floor, east
elevation.
Conceptual approval was also granted for the 140.5 sq. ft. FAR
variation requested by the applicant.
STAFF'S COMMENTS: The applicant's request for Final Development
approval meets the conditions of Conceptual approval. The
changes are discussed as follows:
1. The east elevation windows have been restudied. Two
small cottage-style windows are proposed, to allow
light into each of the two restroom spaces. A circular
window is centered between the two. The upper floor
gable includes a set of moderately-sized paneled doors
(newly proposed), to egress to attic storage space. We
find these changes reasonable, and will allow the HPC
to make the decision on the round center window.
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2. The stone foundation has been eliminated; clapboard
continues to the ground.
3. A landscape plan has been included. Staff feels this
should be carefully studied by the HPC. Staff
understands that AHS Board member, Fran Davies, is
working with landscape architect Julia Marshall, which
we strongly recommend. The opportunity exists to
create an interpreted, livinq historv example of
Victorian landscapinq with appropriate qardens and
surface treatments. We feel that the natural elements
of this house museum can be greatly enhanced with the
guidance of a professional skilled in traditional
landscape treatments.
The basic landscape plan developed by the architect
provides a good foundation to study traffic patterns,
surface treatments, handicapped access, garden space,
signage and furniture treatments.
Concrete trimmed with brick is proposed. This may be
the most appropriate material in this case, only if it
is used creatively with ample brick, tinted softly and
finished in such a way to mask its hard, suburban
character. The walkways are very linear, with the
exception of the west side nearest the house.
Victorian gardens near the end of the 19th century were
generally not as rigid and defined as earlier English
gardens. Therefore, we feel that a restudy of the
walkways is appropriate, to create a "system" of gently
curving surfaces. We feel this approach will provide a
character variation from the linear nature of the
Wheeler-Stallard House itself.
RECOMMENDATION: The Planning Office recommends that the HPC
grant Final Development approval, and an FAR variation of 140.5
sq. ft., for the addition to the Wheeler-Stallard Carriage House,
with the following conditions to be approved by staff and the HPC
project monitor:
1) The large pine located closest to the proposed
additional shall be preserved; should a relocation
become necessary, an explanation letter from a
landscape architect shall be submitted to staff for
consideration.
2) The applicant work closely with a professional
landscape architect skilled in Victorian landscape
treatments, to restudy the pathways and surface
treatments, and fully develop the landscape plan.
memo.hpc.620wb.fd
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ROBERT DELANEY
KENNETH -a....LCOMe
DELANEY & BALCOME
ATTORNEYS AT LAW
POST OFFICE BOX 14S
GLENWOOD SPRINGS, COLORADO 81601
PHONE: WHITNEY 5,6546
June 29. 1904
City Council
City of Aspen, Colorado
Gentle~e~:
tou have allted .... n C1ty .4tt9rQey. to. ,be you ." .,i11lo11
e01\cening the pettti... MtMJlIlle 24.1'64.JlUl.cIe to the Cou.ucUltYZUuMlth H.
Paef'eke, Lnd1vidUdly l11da'exaClltl:ilcof. IIhe 'It.ttlilo.f W.1I:.... P. '....
deceased, and AlYJ.n C. IUUoh,r'!lUCllltiaa. !:the C09'QcU to vaclt. tM .llay
throuah ~loQk 23. Cil:"of AlsPfln. 'l."be peUtion -uo requellt. . coniitDling
~d frllla the :Ik,..,r. . <
I baveexam1nedcerta1n racords in both the office of the Clerk
and !lecorder'. Cffice for '1tk:l.n County, "Colorlldo. . all<! the City Clerkqf tlic
City of A$pen.lrlOll! Illy e:ltala!li4t:lon of t~ ".corda, it 14 IIY eonclu810n
thattbealley l;brhgh Block 23, Ctty of Aapea. Colorado, Uvel' bec8IIIe a
pl.thlie alley, '0 that no vllcauQI1.thl\reof by .th~Couneil i. ll6CelllJaJ:yor p~opel'.
. ,
.1'110 old UPlI oltha Atpen TOWqs.1.etl in the County Clen '. Off1~.
alld tile JlUl.p file<fW1th the COUllty Jud~e. fo!:'. Qunn1S!)Q Coullty. COlorado,'1n
COOOEletion wJ.th 11\cCl~r.C:1ouof the City of. Aspen,.. antedate the deed. to
J. a.. 81.r. heJ:'ei.Qaftllr -UOl14d, '8Il4 ~hWan. alllt,. thnuah 81ock~3j
beept. OJ:' the BuehaUlllll!lp of 1958. thl. aUe"88 'ill alley, doe. I1Ot"
othellWb appear. l'folIe' of 'the.. JlUl.p. -how tbell'89Il. that any dedJ.cstion fOJ: '
pubUcuae f tll'ftUOI' aU.y. .... ever'jllul.. alld IlO <iccept4Qce of any .
dedi.aU8I\ Pp.."8. 4bal:raet. Prepared bythePJ.tkLn Count,. Ab.trut COllli>SI17
for V&l'iouI loti 111 the City of Up\lQ, Colorado, do not reflect a dedieatf.on
of lJtl'eet;a aad aU.Y8, at l..el: prior to 11l8a. .. \
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.l'lItllQt 11'011I the Inl.ted Statee for the AIIJle<l 1'oWlUi.t. blll.ted to \
the County Judlle, in fl'I1.t. in 1885. . ,. '. ,. \
The lIl1nutee of the _et:l.~ of the City CoutlCU Oil October 24, urs;.,
nUect that J. .. Wheelu peUUoQed tbe CouncU to vacate the eU.y. lIoth.f.~
epparelltly, e... of tbb peUtlon. the la.t reference thereto being in the
lIJ.nIltee of the COUllcil -tt... of !fovembe" 21, 1887.
On D.c81llbeJ: ~9. 1887. .. C. 11I.1181:, as County Ju<lse, gave J. B. ~hla':l81:
a de.d fOr all 18 Loti 1n Block 23, alld "together wltll alle" ta ..1el llock \ . i
aecqrd.f.1I to the lat on f:1.1e In the Office of the Cout aad Probata Ju a \
of laid COI.tQty of Pitkill". derliniQg addad for 81Ilpbeata).
On lleeQlbar 29. 1887 the County Judge had auffi<7ient title to
aueh loti alld tha atreat. and .11eya to make thia conveyance.
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C1I;.y Council
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June 29, 1964
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the 1889 a..e....ent roll of ;..pen property 11\ file ln ehe Clty Clerk'.Off1ca
ahowll J. B. .Wheder a8 ...alled for all ofBloclc, 23, ..,lth land value at
.2,500.00. Slnce the book reflect. .urroun4tng lot a..a._nt value. .t
fl2$.OO per lot, tme would naturally a'IIUl1811haeler ... ......e4 for tha
alley .t the value of t1fO lot_.
In 1896, the ~Willie8~ map W4apraper.d and though the allay
is shown. Hne. at. theead. of the allay i.nd1cate it va. clo..d, or at
least not to be conaidered .. a public aUey. fhe Willite IIllIp ha.heen
used as the map of A.pen for lIany yaar_, and UlltU tile JucilelUltl..p ..
'prepared. .
A ''bird'. eye viaw" of A.penpl-epered in 1893, .ho. the hOUle
on Blook 23 acrG'" the alley, an4 no aUey ap;:ie8;'li, thoueh alll1y. .re
.evident in other blocks,
A lilaI' of A$pen prepaud by.Senborn for insurance purp..... 11\
.1904, ehow the '.1Je,. iI!Block 23 all being Dot open,
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It vall on these faces that I bued the conclusion huetofore
made.
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However, I do recommend that tM Hayer execute a coafiming
deed to the present ~er or owners. The e~cutlon of .nch a deed does
not require concH aetion al\d is a matter <if course. Attorneys in Aspen
have for.~ y&ars required such deeds because, on January 27, 1897,
the United State. revoked the IS85 patent Ear errors, and 1a...d a new
.petenttc !;hellayor of;..pen, this reV0l;4tl.on catll1ot, 1n lIlY op1ul.on,
elitlet pr:!.o1:cOQVayanlltl by the County Judge,. but the ol3Utira1na :leed
.. hae bee .. cuatQIII.
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Very truly yourS,
lenneth Ilalc\1llllb. City Attorney
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1:r;(: u71der:igned as' 'the: 'owners of aTl lots' within B:L)c~( 23 ~ City
and r:)~"":1s'.~te i):f Aspen,--Cclorad6: do he.reby petition the-"City C0unci.~ to
enact an (;-:dinance vacating t.he> alley th:cough.this block_ and toautho~tize
the executi.-:o" and d'llive.t'y of Mayor '.s deed to. the undersigned confirming
td.tie, according to the usual-practfcefollowtd in Aspen..
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Thee i. t yCC~l:lC 1.-,
City ofA3pE.i1
A,$pen, Go:~o ra>:L;
lewi:_n:
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Wheelet'
'In said
1887 tht'-:! County J~Jdge C:J'Q;.(eY2dto J. B.
in Block 23 fltoge.ther with the alley
on file in the office of (hQ Count and
Suhse.quent._ conveyances includep;':.
:reference :ta ,t.he allev.. The p-la-t: on
Clerk aIld Recorde:: indicates an alley through the
ALe:,;:), prQ-c(~edi!1gS$i.!bsequent to LS$-ua.n.c::= of the (_ounty Judge t B
create. title quest::ion~ coxtcerningthe effIcacy of SJ;:h d2.~~::!}i-~nd the
mea:::_,; of correc ting this'di~crepancy is by Hayor' s cC'nfi.rming deed.
Bv way of explanation, in
Lots A -.through S inclusive
In'Jck "cco'dino- to the plat
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::.:L1.e._:" in_ ({J.estion. was apparentLy UE"'Ie.r US_'ei as an a_il2Y.1: and
struC-~:.lT2- was built Upon it 2.'.: the- t:.~_e of CO~: tr'JctL..';.1 of the
'!o_lse.,l: <<'\....... aILe)' t'b-yough thIs block .se',;:-ves n.-:, ~_F-;-~f;11 :J": nec.essa.ry
. -. vi.e~',; of the. ,fact that. tn2 alley 'tvas conve)~cd (~,.) the i'ormer
l?ropf;rty c"'cer, "nd no dedication was appatently ctllI1pleted. pe.m.ission is-
reque.dced co p1:oceed with con.tructio.1 of the Ow-car garage now aeing built
or. th" sit' lOf the. old structure recently r~oved. Ot; tn." basis .of being
{"emitted to proceed with such constructiojl we h"..,.eby '<'"r.ce that the rig4ts of
theCitYld the undersigned will be "xpressly preserved, au'; no r.i;;;;'Ls of:
.:tlre City ~!: be -:;,,ra.tved in the e.vent the. alley is not or(L,~red '.7;!c.at~d by
the City )'.neil.
Very truly yourst
,
eda..___~
a.n,~ as Exec'.1..':r x or the Estate
P22pcke, Dcc~~sea.
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APPLICATION
Wheeler/Stallard Museum -' 620 West Bleeker Street
16 June 2005
Applicant: . Aspen Historical Society
Location: 620 W. Bleeker Street.
Aspen, CO 81611
An application for Lot Split & Transferable
Development Rights
Represented by: Stan Clauson Associates, LLC
200 E. Main Street
,
Aspen, CO 81611
,
970-925-2323
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16 June 2005
" "'-'-STAN CLAUSON ASSOCIATES, LLC
Planning. Urban Design
Landscape Architecture
Transportation Studies
Project Management
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Ms. Amy Guthrie, Senior Planner
City of Aspen
Community Development Department
130 S. Galena Street
Aspen, Colorado 81611
200 EAST M.A.IN STREET
AsPEr>:, COLORADO 81611
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TELEPHOJ\'E: 970.925_2323
FAX: 970_920_1628
E-MAIL: info@scaplanning.com
WlOB: WW\'.'.scaplanning_com
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Re: Request for Lot Split, Amendment to Conditional Use, and TDR for the
Wheeler/Stallard Museum at 620 West Bleeker Street
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Dear Amy:
On behalf of the Aspen Historical Society, we are writing to request that the City of Aspen
conduct the necessary reviews to provide for a Lot Split, Amendment to Conditional Use,
and TDR creation for the Wheeler/Stallard Museum located at 620 West Bleeker Street.
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To raise funds to endow current and future operations, the Aspen Historical Society is
requesting a lot split for the purpose of establishing additional development rights, which
will be sold as Historic Transferable Development Rights. Sixteen (16) TDRs would be
severed from the newly created lot of 9,000 s. f. in the southwest corner of the subject
property. lbis application seeks an approval for this TDR creation, pursuant to Section
26.480, Section 26.425, and Section 26.535 of the Aspen Land Use Code, as identified in
the Pre-application Conference Summary dated I November 2004. In this application, we
have responded to the criteria in each of those sections.
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Additionally, the Aspen Historical Society has requested that the application fees be
waived. lbis request is included as Attachment Number 9.
I look forward to an opportunity to present this application in the review process, and
remain ready to answer any questions that you or the review boards may have.
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Very truly yours,
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Stan Clauson, AICP, ASLA
STAN CLAUSON ASSOCIATES, LLC
PLANNING AND DESIGN SOLUTIONS FOR COt'vlMUtv'ITlES AND PRIVATE SECTOR CUEI\lTS
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Ms. Amy Guthrie, Seruor Planner
16 June 2005
Page Two
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Attachments:
1) Land Use Application
2) Land Use Code Standards Report
3) Vicinity Map
4) Proposed Lot Split Drawing
5) Affidavit to establish TDR Certificate
6) Letter of Authorization
7) Proof of Ownership
8) List of adjacent property owners
9) Application Fee Waiver Request
10) Preapplication Conference Summary, dated 1 November 2004
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LAND USE APPLICATION
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Attachment 1
Aspen Historic Society
Wheeler/Stallard Museum, 620 W. Bleeker Street
(Indicate street address, lot & block number, legal description where appropriate)
273512431801
Stan Clauson Associates, LLC
200 East Main Street, Aspen
970-925-2323
Aspen Historical Society
620 W. Bleeker Street
Phone #: As n, CO 81611
TYPE OF APPUCA nON: (please check all that apply):
[R) Conditional Use
o Special Review
o Design Review Appeal
o GMQS Allotment
o GMQS Exemption
o ESA - 8040 Greenline, Stream
Margin, Hallam Lake Bluff,
Mountain View Plane
[R) Lot Split
o Lot Line Ad'ustment
o Conceptual PUD
o Final PUD (& PUD Amendment)
o Conceptual SPA
o FinaISPA(&SPAAmendment)
o Subdivision
o Subdivision Exemption (includes
condominiumization)
o Temporary Use
o Text/Ma Amendment
EXISTING CONDITIONS:
o Conceptual Historic Devt.
o Final Historic Development
o Minor Historic Devt
o Historic Demolition
o Historic Designation
o Small Lodge Conversion!
Expansion
[R) Other: TDR
vals, etc.)
Queen Ann style principal structure and a carriage house which house the Wheeler/Stallard Museum, consisting 5,793 s. f.
in floor area
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ReQuesting a lot split for the purpose of establishing additional development rights. which will be sold as
Historic Transferable Development Rights. Sixteen (16) TDRs would be severed from the newly created
lot of 9.000 s. f. in the southwest corner of the subiect property.
Have you attached the following? FEES DUE: $ 2,620
[R) Pre-Application Conference Summary
[R) Signed Fee Agreement
o Dimensional Requirements Form
[R) Response to Attachment #2, Submittal Requirements- Including Written Responses to Review Standards
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Attachment 2
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Project Overview
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The Wheeler/Stallard Museum is housed at 620 W. Bleeker Street. Operated by the
Aspen Historical Society, the museum focuses on Aspen's history through historic
artifacts, audio, video, and interactive presentations. Originally built in 1888 by Jerome
B. Wheeler and purchased by the Aspen Historical Society in 1969, the current structures
which make up the Wheeler/Stallard Museum consist of a restored Queen Anne style
main house and a carriage house that has been remodeled to provide archival storage and
exhibit areas.
The carriage house and main house occupy approximately 5,793 s. f. in floor area on a
53,400 s. f. lot. The existing site coverage for the current structure is 3,011 s. f. or 5%,
well below the maximum allowable requirement of25%. The museum is a conditional
use in the R-6 Residential Zone, where it is located. The City of Aspen Land Use Code
does not provide a floor area ratio or floor area maximum for museum use. Therefore,
Wheeler/Stallard Museum has no limit to the allowable floor area except as might be
regulated through the Conditional Use review process and site coverage limitations.
In order to raise funds to endow current and future operations, the Aspen Historical
Society is seeking to identifY and retire development rights for the Museum site under the
City's Historic Transferable Development Rights program. A lot split is requested for the
purpose of establishing these additional development rights, which will be sold as
Historic Transferable Development Rights. First, a lot split would create a new 9,000 s.
f. lot in the southwest comer of the subject property, consisting of the original Townsite
Lots K, L, and M. The developable floor area for this newly created lot would total 4,080
s. f., as allowed for a duplex in the R-6 zone district.
After the lot split, the applicant proposes to sever Transferable Development Rights to
transfer the unbuilt floor area from the new 9,000 s. f. lot. Since this newly created lot
would allow 4,080 s. f. in floor area to be developed, sixteen (16) TDRs can be severed
from the new parcel. Due to the restrictions placed on the Wheeler/Stallard Museum by
its charter, the new 9,000 s. f. parcel created by the lot split will remain undeveloped. An
amendment to the conditional use of the museum will insure that the existing buildings
remain at the current floor area of 5,793 s. f. after the proposed lot split, and will be so
indicated on the plat.
Approval of these requests would greatly assist Wheeler/Stallard Museum in remaining
financially viable since the creation and sale ofTDRs would create an endowment for
museum operations. In addition, the requests help the community by insuring that the
museum and its property remain in their historic form since the lots will be deed
restricted in developable floor area. This project benefits the community of Aspen, as it
would support the Aspen Historical Society in its mission to continue to conserve and
exhibit Aspen's history for local residents and visitors.
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Land Use Standards Report
Wheeler/Stallard Museum
16 June 2005
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Land Use Code Standards - Subdivision
26.480.030 Subdivision Exemptions.
The following development shall be exempted from the terms of this chapter:
A. General exemptions.
2. Lot split. The split of a lot for the purpose of the development of one detached single-
family dwelling on a lot formed by a lot split granted subsequent to November 14, 1977,
where all of the following conditions are met:
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a. The land is not located in a subdivision approved by either the Pitkin County
Board of County Commissioners or the City Council, or the land is described as a
metes and bounds parcel which has not been subdivided after the adoption of
subdivision regulations by the City of Aspen on March 24, 1969. This restriction
shall not apply to properties listed on the Aspen Inventory of Historic Landmark
Sites and Structures.
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b. No more than two (2) lots are created by the lot split, both lots conform to the
requirements of the underlying zone district. Any lot for which development is
proposed will mitigate for affordable housing pursuant to Section 26.470.070(8).
c. The lot under consideration, or any part thereof, was not previously the subject
of a subdivision exemption under the provisions of this Chapter or a "lot split"
exemption pursuant to Section 26.470.040 (C)(I)(a).
d. A subdivision plat which meets the terms of this Chapter, and conforms to the
requirements of this Title, is submitted and recorded in the office of the Pitkin
County Clerk and Recorder after approval, indicating that no further subdivision
may be granted for these lots nor will additional units be built withOut receipt of
applicable approvals pursuant to this Chapter and growth management allocation
pursuant to Chapter 26.470.
e. The subdivision exemption agreement and plat shall be recorded in the office of
the Pitkin County Clerk and Recorder. Failure on the part of the applicant to
record the plat within one hundred eighty (180) days following approval by the
City Council shall render the plat invalid and reconsideration of the plat by the
City Council will be required for a showing of good cause.
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Land Use Standards Report
Wheeler/Stallard Museum
16 June 2005
Page 2
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f. In the case where an existing single-family dwelling occupies a site which is
eligible for a lot split, the dwelling need not be demolished prior to application for
a lot split.
g. Maximum potential build-out for the two (2) parcels created by a lot split shall
not exceed three (3) units, which may be composed of a duplex and a single-
family home.
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Response: An historic landmark site, the Wheeler/Stallard Museum consists of a main
building and carriage house which were built in 1888. Thefatheringparcel totals 53,400
s. f in the R-6 zone district. The applicant requests a lot split to divide the southwestern
part of the current parcel into a new 9,000 s. f lot with the intention to sever several
TDRs created from the unbuilt developable floor area.
After the lot split, one parcel will encompass the Townsite Lots K, L, and M at 9,000 s.f
The larger lot of 44,400 s. f containing the Wheeler/Stallard Museum will be restricted
by plat note to the existing floor area, since a museum otherwise does not have afloor
area restriction in the R-6 Zone. The other lot will have development rights for one (1)
duplex or two detached residential units, with an allowable floor area totaling 4,080 s. f
The intention of the lot split is to establish development rights which may be sold in the
form ofTDRs to benefit the museum and its mission to serve the community. The Aspen
Historical Society cannot develop any portion of the proposed new lot due to restrictions
on the museum. Therefore, the newly created 9,000 s. f parcel will remain as part of the
museum and undeveloped The sale of any TDRs severedfrom the newly created lot will
greatly enhance the financial viability of the museum.
The lot under consideration or any part thereof has not been the subject of a previous
subdivision exemption or subdivided after the adoption of subdivision regulations by the
City of Aspen on March 24, 1969.
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Land Use Standards Report
Wheeler/Stallard Museum
16 June 2005
Page 3
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Land Use Code Standards - Conditional Uses
Sections: 26.425.080 Amendment of development order.
26.425.080 Amendment of development order.
A. Insubstantial amendment. An insubstantial amendment to an approved development
order for a conditional use may be authorized by the Community Development Director.
An insubstantial amendment shall be limited to changes in the operation of a conditional
use which meet all of the following standards:
I. The change will not cause negative impacts on pedestrian and vehicular traffic
circulation, parking or noise; and
2. The change will not substantially affect the tourist or local orientation of the
conditional use; and
3. The change will not affect the character of the neighborhood in which the use is
located; and
4. The change will not increase the use's employee base or the retail square footage in the
structure; and
5. The change will not substantially alter the external visual appearance of the building or
its site.
B. Other amendments. All other amendments shall be approved by the Planning and
Zoning Commission in accordance with the provisions of this Chapter.
Response: Because museums are conditional uses in the R-6 zone district, the applicant
proposes an amendment which shows that only the dimensions of the property are
changing and that the currentfloor area of5, 792.5 s.! will remain the maximum
allowable floor area for the property which contains the Wheeler/Stallard Museum. No
other changes will occur since no new development will occur on the lots created by the
lot split due to restrictions in the museum's charter. Because no new development will
occur on the two newly created parcels, this request will not cause any negative impacts.
In fact, this amendment will benefit the community since it will preserve the museum and
the land that it occupies in its historical context.
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Land Use Code Standards
Wheeler/Stallard Museum
16 June 2005
Page 4
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Land Use Code Standards - Historic Transferable
Development Rights
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26.535.070 Review Criteria for Establishment of a Historic Transferable
Development Right.
A Historic TDR Certificate may be established by the Mayor of the City of Aspen if the
City Council, pursuant to adoption of an ordinance, fmds all the following standards met:
A. The Sending Site is a Historic Landmark on which the development of a single-
family or duplex residence is a permitted use, pursuant to Chapter 26.710. Properties
on which such development is a conditional use shall not be eligible.
B. It is demonstrated that the Sending Site has permitted unbuilt Floor Area, for either a
single-family or duplex home equaling or exceeding two-hundred and fifty (250)
square feet of Floor Area multiplied by the number of Historic TDR Certificates
requested.
C. It is demonstrated that the establishment of TDR Certificates will not create a
nonconformity. In cases where nonconformity already exists, the action shall not
increase the specific nonconformity.
D. The analysis of unbuilt development right shall only include the actual built
development, any approved development order, and the allowable development right
prescribed by zoning for a single-family or duplex residence, and shall not include the
potential of the Sending Site to gain Floor Area bonuses, exemptions, or similar
potential development incentives.
E. If the sending site has a Development Order to develop a site-specific development
plan which can no longer be developed due to Floor Area being transferred from the
property, then that Development Order shall be considered null and void. If the
sending site has a Development Order which is unaffected by the transfer of Floor
Area, then that Development Order shall remain valid.
F. The proposed deed restriction permanently restricts the maximum development of the
property (the Sending Site) to an allowable Floor Area not exceeding the allowance
for a single-family or duplex residence (whichever is established as the property's
use) minus two hundred and fifty (250) square feet of Floor Area multiplied by the
number of Historic TDR Certificates established.
For properties with multiple or unlimited Floor Areas for certain types of allowed
uses, the maximum development of the property, independent of the established
property use, shall be the Floor Area of a single-family or duplex residence
(whichever is permitted) minus two hundred and fifty (250) square feet of Floor Area
multiplied by the number of Historic TDR Certificates established.
The deed restriction shall not stipulate an absolute Floor Area, but shall stipulate a
square footage reduction from the allowable Floor Area for a single-family or duplex
residence, as may be amended from time to time. The Sending Site shall remain
Land Use Code Standards
Wheeler/Stallard Museum
16 June 2005
Page 5
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eligible for certain Floor Area incentives and/or exemptions as may be authorized by
the City of Aspen Land Use Code, as may be amended from time to time. The form
of the deed restriction shall be acceptable to the City Attorney.
G. A real estate closing has been scheduled at which time, upon satisfaction of all
relevant requirements, the City shall execute and deliver the applicable number of
Historic TDR Certificates to the Sending Site property owner and that property owner
shall execute and deliver a deed restriction lessening the available development right
of the subject property together with the appropriate fee for recording the deed
restriction with the Pitkin County Clerk and Recorder's Office.
H. It shall be the responsibility of the Sending Site property owner to provide building
plans and a zoning analysis of the Sending Site to the satisfaction of the Community
Development Director. Certain review fees may be required for the confrrmation of
built Floor Area.
Response: The potential sending site is located in the R-6 Zone District which does allow
single-family and duplex residences. The proposed lot split is intended to solely create a
parcel where the developments rights may be severed in the form ofTDRs. The proposed
9,000 s. f lot will allow development of 4,080 s. f in floor area which will be severed into
sixteen (16) TDRsfrom this new lot.
Since the code does not set a restriction on floor area for museums, the Wheeler/Stallard
Museum is not considered to be a nonconformity in the R-6 zone district. Moreover. this
request to establish sixteen (16) TDRs through a lot split will not increase any
nonconformity. The severance of these TDRs will, infact, help to insure that the property
will remain as it exists today.
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Land Use Code Standards
Wheeler/Stallard Museum
16 June 2005
Page 6
~ 6-15-05; 11 :43AM;HERITAGE ASPEN
IV :.
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Attachment 5
AFFIDAVIT
HISTORIC TDRS FOR THE ASPEN HISTORICAL SOCIETY
ADDRESS OF PROPERTY: 620 W. Bleeker St., Aspen, CO 81611
STATE OF COLORADO )
) 55.
County of Pitkin )
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I, ~ Ct ~"Y) (name, please print)
being or represe ng the Aspen Historical Society, hereby personally acknowledge the
following:
a. A deed restriction will permanently encumber the Sending Site and
restrict that property's development rights to below the allowed right
by zoning according to the number of Historic TDR Certificate
established from the Sending Site.
b. For each certificate of development right issued by the City for the
particular Sending Site, that property shall be allowed 250 s. f. less of
Floor Area, as permitted according to the property's zoning as
amended.
c. The Sending Site property owner shall have no authority over the
manner in which the certificate of development right is used by .
subsequent owners ofthe Historic TDR Certifi ate.
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The foregoing "Affidavit of Notice" was acknowledged before me this /Y~ay
of ~'o.J~ , 200S", by ~~<??1:o... Ht'J/oJSON
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WITNESS MY HAND A~,'i2L,-
NlMIRler 19, 2005
My commission expires:
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ASPENHISTORj' A..LSOCIETY
Attachment 6
February 24, 2005
Community Development
City of Aspen
130 South Galena Street, 3rd Floor
Aspen, CO 81611
To whom it may concern:
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This letter is to certify that I, Jackie Kasabach, President of the Board of Trustees of the
Aspen Historical Society, give Stan Clauson Associates, LLC and its staff permission to
represent us in discussions with the City of Aspen regarding the application for an
historic lot split and to establish a Historic TDR Certificate at 620 West Bleeker Street.
We have retained this firm to represent us in the application for this project. If you
should have any questions regarding this matter, please contact me.
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Their contact information is as follows:
Stan Clauson, AICP, ASLA
Stan Clauson Associates, LLC
200 E. Main St.
Aspen, CO 81611
Tel (970)925-2323
Fax (970)920-1628
Very Truly Yours,
lac 'e K.asabach, President
spen Historical Society
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620 West Bleeker Street
Aspen, Colorado 81611
970.925.3721
970.925.5347 fax
VI/ININ.aspenhistory.org
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A 501(0)(3) CHARITABLE ORGANIZATION
TAX ID 84-6037756
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fuJuyers lftle
Insurance @IpQ.t~i.Q.n
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AL T A Commitment For Title Insurance
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American Land Title Association
(1966)
AUTHORIZED AGENT:
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PITKIN COUNTY TITLE, INC.
601 E. HOPKINS AVE. 3RD FLOOR
ASPEN, COLORADO 81611
970-925-1766-PHONE
970-925-6527-FAX
877-217-3158-TOLL FREE
E-MAIL ADDRESS:pcti@sopris.net
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Issued By
@.wyeI8'}itle Ill8urance @Jl9@'~Qn
Home Office:
101 Gateway Centre Parkway~ Gateway One
Richmond, Virginia 23235-5153
1-800-440-11)86
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Attachment 7
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COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
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1. Effective Date: July 30, 2004 at 8:00 AM
Case No. PCT18999L
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2. Policy or Policies to be issued:
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(a) AL TA Owner's Policy-Form 1992
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Proposed Insured:
Amount$ 0.00
Premium$ 0.00
Rate:
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(b) AL T A Loan Policy-Form 1992
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Proposed Insured:
Amount$ 0.00
Premium$ 0.00
Rate:
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(cl AL TA Loan Policy-Form 1992
Proposed Insured:
Amount$
Premium$
Rate:
Tax Certificate: $
3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the
effective date hereof vested in:
ASPEN HISTORICAL SOCIETY
4. The land referred to in this Commitment is situated in the County of State of COLORADO and is described
as follows:
LOTS A,B,C,D,E,F,G,K,L,M,N,O,P,Q,R AND S,
BLOCK 23,
CITY AND TOWNSITE OF ASPEN
PITKIN COUNTY TITLE, INC.
601 E. HOPKINS, ASPEN, CO. 81611
970-925-1766 Phonej970-92S-<;S27 Fax
877-217-3158 Toll Free
E-MAIL (X=ti@sopris.net
AUTHORIZED AGENT
Schedule A-PG.1
This Commitment is invalid
unless the Insuring
Provisions and Schedules
A and B are attached.
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Countersigned:
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SCHEDULE B - SECTION 1
REQUIREMENTS
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The following are the requirements to be complied with:
ITEM (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the
estate or interest to be insured.
ITEM (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly
filed for record to-wit:
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THIS COMMITMENT IS FURNISHED FOR INFORMATIONAL PURPOSES ONLY, IT IS NOT A
CONTRACT TO ISSUE TITLE INSURANCE AND SHALL NOT BE CONSTRUED AS SUCH. IN THE
EVENT A PROPOSED INSURED IS NAMED THE COMPANY HEREBY RESERVES THE RIGHT TO
MAKE ADDITIONAL REQUIREMENTS AND/OR EXCEPTIONS AS DEEMED NECESSARY. THE
RECIPIENT OF THIS INFORMATIONAL REPORT HEREBY AGREES THAT THE COMPANY HAS
ISSUED THIS REPORT BY THEIR REQUEST AND ALTHOUGH WE BELIEVE ALL INFORMATION
CONTAINED HEREIN IS ACCURATE AND CORRECT, THE COMPANY SHALL NOT BE CHARGED
WITH ANY FINANCIAL LIABILITY SHOULD THAT PROVE TO BE INCORRECT AND THE COMPANY
IS NOT OBLIGATED TO ISSUE ANY POLICIES OF TITLE INSURANCE.
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SCHEDULE B SECTION 2
EXCEPTIONS
The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to
the satisfaction of the Company:
1. Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, any facts which a correct
survey and inspection of the premises would disclose and which are not shown by the public records.
4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter fumished, imposed by law
and not shown by the public records.
5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the
public records or attaching subsequent to the effective date hereof but prior to the date the proposed
insured acquires of record for value the estate or interest or mortgage thereon covered by this
Commitment.
6. Taxes due and payable; and any tax, special assessment, charge or lien imposed for water or sewer
service or for any other special taxing district.
7. Reservations as contained in Deed recorded November 18, 1969 in Book 244 at Page 563.
8. Notice of Historic Designation recorded August 9, 1974 in Book 289 at Page 986.
9. Temns, conditions, provisions, obligations and all matters as set forth in Resolution of the City of Aspen
recorded September 7, 2000 as Reception No. 446756 as Resolution No. 00-34.
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ADDITIONAL INFORMATION
AND DISCLOSURES
The Owner's Policy to be issued, if any shall contain the following items in addition to the ones set forth
above:
(1) The Deed of Trust, if any, required under Schedule B-Section 1.
(2) Water rights, claims or title to water. (NOTE: THIS EXCEPTION WILL APPEAR ON THE OWNER'S AND
MORTGAGE POLICY TO BE ISSUED HEREUNDER)
Pursuant to Insurance Regulation 89-2
NOTE: Each title entity shall notify in writing every prospective insured in an owne~s title insurance policy for
a single family residence (including a condominium or townhouse unit) (i) of that title entity's general
requirements for the deletion of an exception or exclusion to coverage relating to unfiled mechanics or
materialmens liens, except when said coverage or insurance is extended to the insured under the terms
of the policy. A satisfactory affidavit and agreement indemnifying the Company against unfiled mechanics'
and/or Materialmen's Liens executed by the persons indicated in the attached copy of said affidavit must
be fumished to the Company. Upon receipt of these items and any others requirements to be specified
by the Company upon request, Pre-printed Item Number 4 may be deleted from the Owne~s policy when
issued. Please contact the Company for further information. Notwithstanding the foregoing, nothing
contained in this Paragraph shall be deemed to impose any requirement upon any title insurer to provide
mechanics or materialmens lien coverage.
NOTE: If the Company conducts the owners or loan closing under circumstances where it is responsible for
the recording or filing of legal documents from said transaction, the Company will be deemed to have
provided "Gap Coverage".
Pursuant to Senate Bill 91-14 (CRS 10-11-122)
(a) The Subject Real Property may be located in a Special Taxing District;
(b) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained form the County treasurer of the
County Treasure~s Authorized Agent;
(c) Information regarding Special Districts and the boundaries of such districts may be obtained from the
Board of County Commissioners, the County Clerk and Recorder, or the County Assessor.
NOTE: A tax Certificate will be ordered from the County Treasurer by the Company and the costs thereof
charged to the proposed insured unless written instruction to the contrary are received by the company
prior to the issuance of the Title Policy anticipated by this Commitment.
Pursuant to House Bill 01-1088 (CRS 10-11-123)
If Schedule B of your commitment for an Owne~s Title Policy reflects an exception for mineral interests or
leases, pursuant to CRS 10-11-123 (HB 01-1088), this is to advise:
(a) There there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed
from the surface estate and that there is a substantial likelihood that a third party holds some or all
interest in oil, gas, other minerals or geothermal energy in the property and
(b) That such mineral estate may include the right to enter and use the property without the surface owners'
permission.
This commitment is invalid unless
the Insuring Provisions and Schedules
A and B are attached.
Schedule B-Section 2
Commitment No. PCT18999L
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PITKIN COUNTY TITLE, INC.
601 E. HOPKINS, THIRD FLOOR
ASPEN, CO 81611
970-925-1766/970-925-6527 FAX
TOLL FREE 877-217-3158
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WIRING INSTRUCTIONS FOR ALL TRANSACTIONS REGARDING THE CLOSING OF THIS FILE
:;) ARE AS FOLLOWS:
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ALPINE BANK-ASPEN
600 E. HOPKINS AVE.
ASPEN, CO. 81611
ABA ROUTING NO. 102103407
FOR CREDIT TO:
PITKIN COUNTY TITLE, INC., ESCROW ACCOUNT
ACCOUNT NO. 2020048062
REFERENCE:PCT18999U
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ISSUED BY
fu.wyeniFtle Insumnce@rp,Qrn~Qn
COMMITMENT FOR TITLE INSURANCE
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LAWYERS TiUe Insurance CORPORATION, a Virginia corporation, herein called the company, for valuable consideration, hereby
commits to issue its policy or policies of titie insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule
A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of
the premiums and charges therefor; all subject to the provisions of Schedules A and 8 and to the CondKions and Stipulations hereof.
This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed
for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent
endorsement.
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This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder
shall cease and terminate six (6) months after the effective date hereof or when the policy or policies committed for shall issue,
whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the company. This Commitment shall
not be valid or binding until countersigned by an authorized officer or agent.
J
IN WITNESS WHEREOF, LAWYERS TITLE INSURANCE CORPORATION has caused its corporate name and seal to be hereunto
affixed by its duly authorized officers, the Commitment to become valid when countersigned by an authorized officer or agent of the
Company.
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LAWYERS TITLE INSURANCE CORPORATION
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Secretary
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f~iS~:A:r. \;\
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~\ 1925 /.fl
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By 7J-a.....r t. ~ President
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Attest:
Conditions and Stipulations
1. The term "mortgage," when used herein, shall include deed of trust. trust deed, or other security instrument.
2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting
the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule 8 hereof, and shall fail
to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting
from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed
Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such
defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule 8 of this CommKment
accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these
CondKions and Stipulations.
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3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the
definKion of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in under
taking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule 8, or (c) to acquire
or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the
amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and
Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the
proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly
modified herein.
4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the
status of the tKle to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and
are subject to the provisions of this Commitment.
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AL T A Commitment - 1966
Cover Page
Fonn 1004-268
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ORIGINAL
J
Jam and Smudge Free Printing
Use Ave..p TEMPLATE S160@
635 WEST BLEEKER LLC
CIO NANCY SPEARS
POBOX 2630
ASPEN, CO 81612
ASPEN HOUSING LLC
""' 299 MILWAUKEE ST STE 502
DENVER, CO 80206
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BAKER WILLIAM
~ 790 W HALLAM UNIT #1
ASPEN, CO 81611
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BOYE CAROL
~ 2655 LAKE DR #4
.., SINGER ISLAND, FL 33404
#
# CLEANER EXPRESS
435 E MAIN ST
ff ASPEN, CO 81611
CROCKETT E DAVID TRUSTEE
CROCKETT ANN RAE TRUSTEE
10898 MORA DR
LOS ALTOS HILLS, CA 94024
DESTINATION RESORT MGMT INC
610 WEST END ST
ASPEN, CO 81611
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FERGUS ELIZABETH DAWSON
.. PO BOX 1515
.., ASPEN, CO 81612
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GOLDMAN RICHARD FAMILY LP
" 35 STONEWOOD DR
.., MORELAND fiLLS, OH 44022
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'"': HARRY SALLY 50%
,: 601 E HOPKINS 3RD FL
I ASPEN, CO 81611
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,.' - www.avery.com
.- . 1-80G-GO-AVE.RY" "
/'reL/Vfec: /7cru/7e 05 '
ALPINE BANK ASPEN
600 E HOPKINS AVE
ASPEN, CO 81611
ASPEN SQUARE CONDOMINIUMS
ASSOC
617 E COOPER AVE
ASPEN, CO 81611
BAUER WALTER F TRUST
15935 VALLEY VISTA
ENCINO, CA 91436
BREIDENBACH WARREN C
225 ABRAHAM FLEXNER WY #700
LomSVILLE, KY 40202
COULTER GLYNNIE
PO BOX L3
ASPEN, CO 81612
CZECH NOAH
PO BOX 12086
ASPEN, CO 81612
EMERSON LTD
CIO SWEENEY
533 W HALLAM ST
ASPEN, CO 81611
FRANCIS MARY VIRGINIA
711 W BLEEKER
ASPEN, CO 81611
GORDMAN LINDA K
718 W HALLAM ST
ASPEN, CO 81611-1146
HAYES MARY FAMILY PTNSP LTD
PO BOX 497
ASPEN, CO 81612
A1I3^"-o91lO8-~
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Attachment 8
ASPEN CONDOMINIUM
ASSOCIATION
600 E HOPKINS AVE STE 304
ASPEN, CO 81611-2934
BAILEY MIRANDA 1994 TRUST 50%
15808798METAVANTE WAY
SIOUX FALLS, SD 57186
BOWEN-STANLEY PAMELA
2934 1/2 N BEVERLY GLEN cm #482
LOS ANGELES, CA 90077
CITY OF ASPEN
130 S GALENA ST
ASPEN, CO 81611
CRITERION HOLDING CO LLC
790 W HALLAM ST #10
ASPEN, CO 81611
DEROSA THOMAS J
PO BOX 817
BROOKLANDVILLE, MD 21022
FELD ANNE S
1700 PACIFIC AVE STE 4100
DALLAS, TX 75201
FRIAS PROPERTIES OF ASPEN LLC
730 E DURANT
ASPEN, CO 81611
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. HALLAM SIX LLC
4430 ARAPAHO STE 110
BOULDER, CO 80303
HENRY KRISTEN
525 W HALLAM ST
ASPEN, CO 81611-1246
~09~5 weqe6 81 ZilSlI!Ul
=anuiDI.::IIofiDII"\:lIC D 'I;:ll ::lIfiDJlnnnnllP uOI~~;::udlUl
Jam and Smudge Free Printing
Use Avery@TEMPLATE S160@
HERNANDEZ LORENE & CECIL M
PO BOX 1045
ASPEN, CO 81612
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HORTON DAYNA L
:,) C/O STIRLING HOMES
600 E MAIN ST #102
,il ASPEN, CO 81611
I> :
IGLEHART JAMES P
:> : 610 W HALLAM ST
i ASPEN, CO 81611
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KEY R BRILL & ELIZABETH R
" C/O KEY MEDIA
'" 720 E HYMAN #301
, ASPEN, CO 81611
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LEVIN WILLIAM A
;; 86 CHAMBERS ST #201
NEW YORK, NY 10007
MACDONALD BETTE S TRUST
15 BLACKMER RD
ENGLEWOOD, CO 80110
MANGONE PARTNERSHIP LP
12687 W CEDAR DR #100
LAKEWOOD, CO 80228
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I MCCAUSLAND LINDA
It: PO BOX 1584
, ASPEN, CO 81612
,
"
MICROPLAS MGMT CO
;: C/OEDWARDJCAWLEY
790 W HALLAM #10
" ASPEN, CO 81611
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NATIONWIDE THEATRES
, CORPORATION
A CALIFORNIA CORPORATION
. 120 N ROBERTSON BLVD
LOS ANGELES, CA 90048
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1.80o-GO.AVERY ,
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HILLMAN DORA B TRUST
504 W BLEEKER
ASPEN, CO 81611
HOTEL ASPEN CONDOMINIUM
ASSOCIATION
110 WEST MAIN STREET
ASPEN, CO 81611
KAFRISSEN ARTHUR & CAROLE F
PO BOX 10727
ASPEN, CO 81612-9780
KOVAL BARBARA TRUST
C/O NORTH OF NELL
555 E DURANT
ASPEN, CO 81611
LEVINE THEODORE A
SWANSON LUCIA D
425 E 58TH ST #25H
NEW YORK, NY 10022
MAEWEST LLC
ATTN: DOROTHY A SHARP
706 WEST MAIN
ASPEN, CO 81611
MARTIN JAMES R QPRT
TRUST CO OF KNOXVILLE TRSTE
620 MARKET ST #300
KNOXVILLE, TN 37902
MCGARVEY JAMES N JR & PAULA S
81 PONTE VEDRA BLVD
, PONTE VEDRA BEACH, FL 32082
MOUNTAIN RESCUE ASPEN INC
630 W MAIN ST
ASPEN, CO 81611
, . NIEBUR DEW A YNE E & JO ANN E
721 W FRANCIS
ASPEN, CO 81611
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HILLMAN TATNALL LEA
504 W BLEEKER ST
ASPEN, CO 81611
HUNT ROGER H
PO BOX 3944
ASPEN, CO 81612
KC ASPEN LLC
75-5706 HANAMA PLACE SillTE 104
KAILUA-KONA, HI 96740
LDD WEST LLC
220 N SMITH ST STE 300
PALATINE, IL 60067-2448
LUU INVESTMENTS LLC
435 E MAIN ST
ASPEN, CO 81611
MANCLARK WILLIAM & DARLEEN
TRUST
313 E BAY FRONT
BALBOA ISLAND, CA 92662
MATKIN SALOISE
605 E MAIN ST #5
ASPEN, CO 81611
MCMANUS JAMES R
1552 POST RD
FAIRFIELD, CT 06824-5935
MULLEN MICHEL
8411 PRESTON RD #730 LB 2
DALLAS, TX 75225
NORTH AND SOUTH ASPEN LLC
200 S ASPEN ST
I ASPEN, CO 81611
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Jam and Smudge Free Printing
Use Avery@TEMPLATE S160@
OLIVER SPORTS BRACING LLC
PO BOX 10916
ASPEN, CO 81612
PAMAYACU LLC
~ : 9121 E TANQUE VERDE #105
, TUCSON, AZ 85749
. '
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PEARSON MARK M & LEES M
, 702 W MAIN ST
."
ASPEN, CO 81611
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RITCHIE ROBERT
701 W FRANCIS ST
ASPEN, CO 81611
,
.,p SANDERS BARBARA
PO BOX 8598
ASPEN, CO 81612
SHAFROTH DIANA H TRUST
3901 E BELLEVIEW AVE
LITTLETON, CO 80121
, ULLR HOMEOWNERS
ASSOCIATION
600 E HOPKINS #304
ASPEN, CO 81611
~
WAGNER HOLDINGS
. CORPORATION LLC
C/O BILL POSS
605 E MAIN ST
. ASPEN, CO 81611
.,
WATERS SOMERSET
~ M~LBROOKSCHOOL
,., MILLBROOK, NY 12545
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,~. C/O KELLY MITCHELL
... 300 B AABC
.,. ASPEN, CO 81611
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1-800-GO-AVERY
-
OLSHAN BURTON D 112
, OLSHAN KATHLEEN W 1/2
5408 OLD LEEDS RD
BIRMINGHAM, AL 35210
PARFET DONALD R & ANNE V
11000 RIDGE WOOD LN
RlCHLAND, MI 49083
PUMAYACU LLC
C/O AMBER MICHAEL
9121 E TANQUE VERDE #105
TUCSON, AZ 85749
RUSSO NICK A
PO BOX 4743
ASPEN, CO 81612
SCHOEBERLEIN DEBORAH &
JOSEPH
520 W MAIN ST APT 23
ASPEN, CO 81611-1656
SIV ART HLDGS L TD PTNR
21 BREEZY KNOLL
AVON, CT 06001
VERLEGER PHILIP K JR &
MARGARET B
615 W FRANCIS ST
ASPEN, CO 81611
WALTZ FAMILY TRUST
6075 LA JOLLA SCENIC DR
LA JOLLA, CA 92037
WELLS JANE I
721 W NORTH ST
ASPEN, CO 81611
WOGAN WENDY
533 W FRANCIS
ASPEN, CO 81611
A1I3^'d-09-008-~
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P B HOLDINGS LLC
725 W BLEEKER ST
ASPEN, CO 81611
PATRICK KEVIN
730 E DURANT AVE #200
ASPEN, CO 81611
RAZEK EDWARD G
3 LIMITED PKWY
, COLOMBUS,OH 43230
RUTHERFORD MICHAEL G
5 E GREENWAY PLAZA #220
HOUSTON, TX 77046
SCHULER DEE M & R KENT
417 HOLLAND HILLS RD
BASALT, CO 81621
THOMSON SHANTA KIM
PO BOX 2503
ASPEN, CO 81612
VICENZI GEORGE A TRUST
PO BOX 2238
ASPEN, CO 81612
WARE NINA COULTER
34 CLERMONT LN
ST LOUIS, MO 63124
WILSON MARY ELIZABETH
630 W HALLAM ST
ASPEN, CO 81611
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Attachment 9
,"..'#
) ASPENHISTOH1CA,LSOCIETY
."
."
~
April 25, 2005
Chris Bendon, Community Development Director
City of Aspen Community Development Department
130 S. Galena Street
Aspen, CO 81611
Dear Chris,
On behalf of the Aspen Historical Society, I would like to request that fees be waived for
the Aspen Historical Society's application for a lot split and subsequent severance of
Transferable Development Rights.
J
Please feel free to contact me should you have any questions.
,
Regards,
- L
L:~""''1--::-~ )
,--/../
Sarah Oates, Curator
,
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..... 620 West Bleeker Street
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Aspen, Colorado 81611
970.925.3721
970.925.5347 fax
WV'MI.aspenhistory.org
A 501(C)(3) CHARITABLE ORGANIZATION
TAX ID 84-6037756
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