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Home My WebLink Aboutcoa.lu.gm.302 E Hopkins Ave.A59-91BEAUMONT/HYDE GMQS EXEMPTION 2737-073-29-005 A59-91 ASPENTITKIN PLANNING OFFICE 130 South Galena Street Aspen, Colorado 81611 CQ 920-5090J (303) LAND USE APPLICATION FEES City 00113 -63250-134 GMP/CONCEPTUAL -63270-136 GMP/FINAL -63280-137 SUB/CONCEPTUAL -63300-139 SUB/FINAL -63310-140 ALL 2-STEP APPLICATIONS -63320-141 ALL 1-STEP APPLICATIONS/ f 1 ;' CONSENT AGENDA ITEMS REFERRAL FEES: 00125 -63340-205 ENVIRONMENTAL HEALTH 00123 -63340-190 HOUSING 00115 -63340-163 ENGINEERING SUBTOTAL -- County 00113 -63160-126 GMP/GENERAL -63170-127 GMP/DETAILED -63180-128 GMP/FINAL -63190-129 SUB/GENERAL -63200-130 SUB/DETAILED -63210-131 SUB/FINAL -63220-132 ALL 2-STEP APPLICATIONS -63230-133 ALL 1-STEP APPLICATIONS CONSENT AGENDA ITEMS -63450-146 BOARD OF ADJUSTMENT REFERRAL FEES: 00125 -63340-205 ENVIRONMENTAL HEALTH 00123 -63340-190 HOUSING 00113 -63360-143 ENGINEERING PLANNING OFFICE SALES 00113 -63080-122 CITY/COUNTY CODE -63090-123 COMP. PLAN -63140-124 COPY FEES -69000-145 OTHER SUBTOTAL TOTAL Name: Phone. Address: Project: Date: Check # Copies received: #of Hours: • '4 CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: 10/21/91 PARCEL ID AND CASE NO. DATE COMPLETE: //1!!5-/9/ 2737-073-29-005 A59-91 STAFF MEMBER: -bb- K- PROJECT NAME: Beaumont/Hyde GMQS Exemption Project Address:_ 302 West Hopkins Avenue, Aspen CO 81611 Legal Address: Lot K, Block 80 APPLICANT:_ Mary Anne Hyde Applicant Address: REPRESENTATIVE: Sunny Vann , Vann Associates, Inc Representative Address/Phone: 230 East Hopkins Avenue Aspen, CO 81611 925-6958 PAID:(YES) NO AMOUNT: $113 NO. OF COPIES RECEIVED 1 TYPE OF APPLICATION: 1 STEP: 2 STEP: P&Z Meeting Date PUBLIC HEARING: YES NO CC Meeting Date VESTED RIGHTS: YES NO PUBLIC HEARING: YES VESTED RIGHTS: YES Planning Director Approval: Insubstantial Amendment or Exemption: ------------------------- ------------------------- REFERRALS: City Attorney City Engineer Housing Dir. Aspen Water City Electric Envir.Hlth. Aspen Con.S.D. Mtn Bell Parks Dept. Holy Cross Fire Marshall Building Inspector Roaring Fork Energy Center DATE REFERRED: FINAL ROUTING: DAT City Atty Housing City Engineer Other: FILE STATUS AND LOCATION: M I&C Paid: Date: School District Rocky Mtn NatGas State HwyDept(GW) State HwyDept(GJ) Other E INITIALS: ROUTED: INITIAL: Zoning Env. Health MEMORANDUM TO: Bill Drueding FROM: Kim Johnson, Planning Office RE: Beaumont/Hyde - GMQS Exemption By Planning Director for the Change in Use of an Historic Landmark DATE: November 6, 1991 Summary: This historically designated structure is currently used as a residence. The proposal is to convert the ground floor to commercial retail use and develop a studio dwelling unit in the basement. This constitutes a Growth Management Exemption for change in use of a designated structure. Staff recommends approval of this exemption with conditions. STAFF COMMENTS: Section 8-104 A.1.b.4 allows the Planning Director to exempt a project from growth management competition if it involves the change in use of an historic landmark and does not increase the building's FAR. The current use of the building is residential. The proposed commercial use will occupy approximately 1,110 s.f. as the entire ground floor. No structural expansion is involved. Please see Attachment "A" for illustrative floor plans. The final design of the interior may be slightly different from these plans, but the conditions approved in this review will remain in effect. A kitchenette will be installed in the basement to create a studio apartment. According to the applicant, the existing kitchen will remain as an amenity to the commercial use only, so the structure will continue to contain only one dwelling unit. Therefore, staff believes that the GMQS exemption is valid as long as the commercial area is not converted or used as a second residential unit. Mitigation for parking or affordable housing is not required for Planning Director GMQS Exemptions. RECOMMENDATION: Staff recommends that the Planning Director approve the GMQS Exemption for change in use for an historic landmark which does not increase the building's FAR. The following conditions are recommended: 1. Creation of the basement dwelling unit shall be subject to any H.P.C. requirements prior to issuance of any building permits for that unit. 2. Any expansion of FAR or increase in number of dwelling units must be approved by the Planning and Zoning Commission as per Land Use Code requirements. 3. Enlargement or change in use which occurs in phases shall not exceed the limits of Section 8-104 A.1.b.(1-4) on a maximum cumulative basis. 4. All material representations made by the applicant in the application and during meetings with the Planning staff and Historic Preservation Committee shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. I hereby approve the above GMQS Exemption for the Beaumont/Hyde change in use pursuant to the above four conditions. i Dian-b--Mpore, Planning D Date Attachment "A" - Proposed Floor Plans (illustrative) 2 VANN ASSOCIATES, INC. Planning Consultants October 15, 1991 HAND DELIVERED Ms. Leslie Lamont Aspen/Pitkin Planning Office 130 South Galena Street Aspen, Colorado 81611 Re: Lot K, Block 80 Dear Leslie: Please consider this letter an application for an exemption from the growth management quota system (GMQS) to convert a portion of the single-family residence located at 302 West Hopkins Avenue to retail commercial use. The application is submitted by Mary Ann Hyde, the prospective purchaser of the property. The owner of the property is The William L. and Florence R. Beaumont Family Trust (see Exhibit 1, Title Commitment, attached hereto). Permission for Ms. Hyde to apply on behalf of the Beaumont Trust is attached as Exhibit 2. Pursuant to Section 8-104.A.1.b.(4) of the Land Use Regula- tions, the Planning Director may exempt from the GMQS the change in use of a Historic Landmark which does not increase the building's existing floor area. Section 8-104.A.2., however, requires that an application for a building permit for the proposed change in use be submitted prior to the Director's approval of the GMQS exemption. As no increase in floor area is proposed, and the Applicant must confirm the ability to change the use of the structure prior to purchas- ing the property, we respectfully request that this require- ment be waived. A building permit application will be submitted upon the sale of the property in the event re- quired. The property in question is located at the corner of Monarch Street and West Hopkins Avenue. As the accompanying improve- ment survey illustrates, the property contains a one (1) story, single-family structure with a partial basement. A small shed is located at the rear of the property adjacent to the alley. The structure has been individually historically 230 East Hopkins Avenue • Aspen, Colorado 81611 •303/925-6958 Ms. Leslie Lamont October 15, 1991 Page 2 designated, and its current residential use is a use permit- ted by right in the underlying CC, Commercial Core, zone district. The Applicant proposes to convert the ground floor of the structure to a gift shop, a retail commercial use which is also permitted by right in the CC zone district. The basement will be retained as a free market residential unit for the use of the shop's owner. As the accompanying floor plans illustrate, only minor interior modifications will be required to accommodate the proposed change in use. Several new partitions will be constructed on the ground floor to separate the front retail display area from the rear storage and workroom area. The existing ground floor bath and kitchen will be retained to serve the shop's staff and customers. With respect to the basement, the existing bedroom and bath will be retained and a new closet and kitchenette installed. To meet the egress requirements of the Uniform Building Code, an existing window opening will be enlarged and a small exterior window well constructed. As the addition of the window well may be construed as an exterior modification of a Historic Landmark, Historic Preservation Commission approval may be required. A formal application for the modification will be submitted upon the sale of the property in the event required. As the sale of the property your timely response would you have any questions, o please do not hesitate to Very truly yours, VANN AJAOCIATES, INC. Sunny Vann /,AICP SV:cwv cc: Donald Fleisher Mary Ann Hyde r is scheduled to close next month, be sincerely appreciated. Should require additional information, call. ExHiBIT 1 SCHEDULE A ORDER NUMBER: 00018636 1. EFFECTIVE DATE: September 05, 1991 AT 8:00 A.M. 2. POLICY OR POLICIES TO BE ISSUED: A. ALTA OWNER'S POLICY PROPOSED INSURED: MARY ANN HYDE B. ALTA LOAN POLICY PROPOSED INSURED: C. ALTA LOAN POLICY PROPOSED INSURED: AMOUNT OF INSURANCE S 636,000.00 D. OR RE IN 3. THE ESTATE OR INTEREST HHEREIN DSE LAND SFEEBSDMPLERANDRTIDLEOTHERETO THIS COMMITMENT AND COVERED IS AT THE EFFECTIVE DATE HEREOF VESTED IN: THE WILLIAM L. BEAUMONT AND FLORENCE R. BEAUMONT FAMILY TRUST 4. THE LAND REFERRED TO IN THIS COMMITMENT IS DESCRIBED AS FOLLOWS: Lot K, Block 80, CITY AND TOWNSITE OF ASPEN County of Pitkin, State of Colorado OWNERS: $ 1,599.00 TAX CERT. $ 10.00 A THORIZED SIGNATU STEWART TITLE OF ASPEN, INC. 602 E. HYMAN ASPEN, COLORADO 303 925-3577 FAX 303-925-1384 81611 SCHEDULE B - SECTION 1 ORDER NUMBER: 00018636 REQUIREMENTS 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 INSTRUME=`L)DULYCREATING FILEDTHE FORESTATE RECORDORTONWITEST TO BE INSURED MUST BE EXECUTED AND 1. Certificate of non -foreign status, duly executed by the seller. 2. Affidavit by a Trustee, setting forth the name of the The William L. Beaumont and Florence R. Beaumont Family Trust, the names and addresses of all the Trustees who are represented by such name and the authority of the affiant to xecuoeareand record the affidavit, and the authority of the Trustees thereby empowered to convey or otherwise act on behalf of the Trust. 3. Deed, executed by all trustees of The William L. Beaumont and Florence R. Beaumont Family Trust, conveying fee title to the purchaser(s). SCHEDULE B - SECTION 2 EXCEPTIONS ORDER NUMBER: 00018636 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, AND 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 FURNISHED, 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 PROPOSED INSURED ACQUIRES OF RECORD FOR VALUE THE ESTATE OR INTEREST OR MORTGAGE THEREON COVERED BY THIS COMMITMENT. 6. UNPATENTED MINING CLAIMS; WATER RIGHTS, CLAIMS OR TITLE TO WATEF 7. ANY AND ALL UNPAID TAXES AND ASSESSMENTS AND ANY UNREDEEMED TAX SALES. 8. THE EFFECT OF INCLUSIONS IN ANY GENERAL OR SPECIFIC WATER. CONSERVANCY, FIRE PROTECTION, SOIL CONSERVATION OR OTHER DISTRICT OR INCLUSION IN ANY WATER SERVICE OR STREET IMPROVEMENT AREA. 9. Exceptions and reservations as set forth in the Act authorizing the issuance of the Patent for the City and Townsite of Aspen recorded March 1, 1897 in Book 139 at Page 216 as Reception No. 60156. NOTE: Provided that Stewart Title of Aspen, Inc. records the documents of conveyance in the proposed transaction the status of title will be updated from the time of this commitment to the time of said recording. If said update reveals no intervening liens or other changes in the status of said title Exception No. 5 herein will be deleted; if said update reveals intervening liens or changes in the status of said title appropriate action(s) will be taken to disclose or eliminate said change prior to the recording of said documents. NOTE: Policies issued hereunder will be subject to the terms, conditions, and exclusions set forth in the ALTA 1990 Policy form. Copies of the 1990 form Policy Jacket, setting forth said terms, conditions and exclusions, will be made available upon request. • 0 EXHIPIT 2 October 16, 1991 HAND DELIVERED Ms. Leslie Lamont Aspen/Pitkin Planning Office 130 South Galena Street Aspen, Colorado 81611 Re: Permission to Apply Dear Ms. Lamont: Please consider this letter authorization for Mary Ann Hyde to apply for a growth management exemption for the conversion of our residence located at 302 West Hopkins Avenue to retail commercial use. Ms. Hyde is hereby authorized to act on our behalf with respect to all matters reasonably pertaining to the aforementioned application. Should you have any questions, or if we can be of any further assistance, please do not hesitate to call. Sincerely, THE WILLIAM L. BEAUMONT AND FLORENCE R. BEAUMONT FAMILY TRUST W illiam L. Beaumont 4�" C-a- e- - Florence R. Beaumont SV:cwv TELEDYNE POST N3929n I FOUND: REBAR W/ PLAS. CAP ALLEY BLOCK 8 S75o09111.1E 30.16 REBAR W/ PLAS, CAP NORj H 0 4 8 16 24 32 40 SCALE: I" = E' BASIS OF BEARING: FOUND MONUMENTS 7TFRVFYn1FR9q Cr.1F• I HEREBY CERTIFY THAT THIS MAPACCURATELY DEPICTS A SURVEY PERFORMED IN JULY 1971 AND AVISUAL INSPECTION ON APRIL 20TH, 1990 OF LOT K , BLOCK 80, CITY OF ASPEN, COLORADO.THE ONE STORY HOUSE WAS FOUND TO BE LOCATE ON THE ABOVE DESCRIBED Pr 'ERTY AS SHOWN HEREON. THE LOCATION AND DIMENSI0t,.3 OF ALL BUILDINGS, IMPROVE- MENTS,EASEMENTS,RIGHTS -OF-WAY IN EVIDENCE OR KNOWN TO ME AND ENCROACHMENTS BY OR ON THESE PREMISES ARE ACCURATELY SHOWN. SEE STEWART TITLE POLICY ORDER No. 00017304. ALPINE SURVEYS, INC. BY: APRIL 23 RD, 1990 LS SURVEYORS CERTIFICATE I HEREBY CERTIFY THAT ON 5EPTEMBER 26, /99/ A VISUAL IN5PEGTION WAS 1"IADE UNDER MY 5UPERV15IDNI OF THE ABOVE DE5CNf3fP PROPERTY, NO CHANGES WERE FOUND EXCEPT A5 SHOWN. ALPINE 5URVEY5, INC. BY 5EPTEMBFR 30, 19 `/I L 5. — upon any defect in this survey within three years after you first discover such defect. In no event may any action based upon any detect in this survey be commenced more than ten years from the date of the certification shown hereon. Alpine Surveys, Inc. Post Office Box 1730 Aspen, Colorado 81611 303 925 2688 Surveyed JULY 19718E APR, 1990 Revisions 930 1991 Drafted 20 APRIL 1990 Title IMPROVEMENT SURVEY Job No 90-58-2 Client BEAUMONT IJEv✓ NE'w .Q-c�vG:<) P—ZGfZE3$ y/1y ppW �7 l f - -1 �- lJ r— -T I-I-4outz COr 15T i l 1 BAS NT FLOOR, F.AN FIRST I=LOOR PL4,N c— a- Of I sheets