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Home My WebLink Aboutcoa.lu.gm.302 E Hopkins Ave.A59-91 , ~ CASELOAD SUMMARY SHEET city of Aspen DATE RECEIVED: DATE COMPLETE: 10/21/91 /1/5 ;"1' , PARCEL ID AND CASE NO. 2737-073-29-005 A59-91 STAFF MEMBER: "t;b- K:J PROJECT NAME: Beaumont/Hvde GMOS Exemotion Project Address: 302 West Hookins Avenue. Asoen. CO 81611 Legal Address: Lot K. Block 80 APPLICANT: Marv Anne Hvde Applicant Address: REPRESENTATIVE: Sunny Vann , Representative Address/Phone: Vann Associates. Inc 230 East Hookins Avenue Asoen. 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 VESTED RIGHTS: YES NO CC Meeting Date PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO Planning Director Approval: Insubstantial Amendment or Exemption: Paid: Date: --------------------------------------------------------------- --------------------------------------------------------------- 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 School District Rocky Mtn NatGas State HwyDept(GW) State HwyDept(GJ) Other DATE REFERRED: INITIALS: ---------------------------------------------------------------- ---------------------------------------------------------------- FINAL ROUTING: DATE ROUTED: ___ city Engineer ~Zoning Other: INITIAL: ___ city Atty ___ Housing ___Env. Health FILE STATUS AND LOCATION: ""..,c." 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 Beaumont/Hyde change in conditions. above GMQS use pursuant Exemption for to the above the four 11 Co q Date Attachment "A" - Proposed Floor Plans (illustrative) 2 I" '-.... "'"'" '""'" V ANN 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 , o :) 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 ki tchen 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 is scheduled to close next month, your timely response would be sincerely appreciated. Should you have any questions, or require additional information, please do not hesitate to call. Very truly yours, VANN OCIATES, INC. SV:cwv cc: Donald Fleisher Mary Ann Hyde ,. ~:J .,-.. '"'"...... ...-.. ~:.... -:::;-".,. Ex. HiBIT 1 SCHEDCLE .:'.. ORDER ~U~BER: 00018636 1. EFFECTIVE DATE: September 05, 1991 AT 8:00 A.~. 3. THE ESTATE OR INTEREST IN THE LAND DESCRIBED OR REFERRED TO IN THIS COMMIT~ENT AND COVERED HEREIN IS FEE SIMPLE AND TITLE THERETO IS AT THE EFFECTIVE DATE HEREOF VESTED IN: THE WILLIAM L. BEAUMONT AND FLORE~CE R. BEAU~ONT FAMILY TRUST 4. THE LAND REFERRED TO IN THIS CO~~ITMENT IS DESCRIBED AS FOLLOWS: Lot K, Block 80, CITY AND TOWNSITE OF ASPEN County of pitkin, State of Colorado OWNERS: TAX CERT. $ 1,599.00 $ 10.00 At!J:l ~~rt STEWART TITLE OF ASPEN, INC. 60:l E. HYMAN ASPEN, COLORADO 8l61l 303 9:l5-3577 ___ _..._ .......nA I. ,." ",,- .~ ~~,.,,,. SCHEDULE B - SECTIO~ 1 ORDER ~UMBER: OOOl8636 REQUIREMENTS THE FOLLOWING ARE THE REQUIREMENTS TO BE COMPLIED WITH: ITEM (A) PAYME~T TO OR FOR THE ACCOUNT OF THE GRANTORS OR MORTGAGORS OF THE FULL CONSIDERATION FOR THE ESTATE OR INTEREST TO BE INSURED. ITEM IB) PROPER INSTRUME~T(S) CREATING THE ESTATE OR I~TEREST TO BE INSURED MUST BE EXECUTED AND DULY FILED FOR RECORD, TO WIT: l. 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 execute and record the affidavit, and the authority of the Trustees who are thereby empowered to conveyor 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). ---- I .- .r' ,.- "...... '<\'- ',.-.--,,!' SCHEDULE B - SECTION ~ 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: l. 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 ~TERIAL 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 WATE: 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 IMPROVEMEN~ 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 l, 1897 in Book l39 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. ......,""'"' ,...-,,,, ,",........ '".-- EXHIBIT 2 October 16, 1991 HAND DELIVERED Ms. Leslie Lamont Aspen/pitkin Planning Office l30 South Galena Street Aspen, Colorado 8161l 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 f~t.!2tf~ ;~~;f.~~ Florence R. Beaumont SV: cwv - ~ ., ""-" ., ~ ~> ,-, ~ '.' "" ~.~.,. ~:~........ '..',- ,.~.~ ~ ..... '" ASPEN/PITKIN PLANNING OFFICE 130 South Galena Street Aspen, Colorado 81611 (303) 920-5090 f,S9Q\. LAND USE APPLICATION FEES City 00113 00125 00123 00115 County 00113 00125 00123 00113 -63250-134 -63270-136 -63280-137 -63300-139 -63310-140 -63320-141 REFERRAL FEES: -63340-205 -63340-190 -63340-163 -63160-126 -63170-127 -63180-128 -63190-129 -63200-130 -63210-131 -63220-132 -63230- 133 -63450-146 REFERRAL FEES: -63340-205 -63340-190 -63360-143 PLANNING OFFICE SALES 00113 -63080-122 -63090-123 -63140-124 -69000-145 Name: Address: Check # Copies received: 0c"\/\1"\ on:::n .-61';>,-;1'1 _DOc,- GMP/CONCEPTUAL GMP/FINAL SUB/CONCEPTUAL SUB/FINAL ALL 2-STEP APPLICATIONS ALL 1-STEP APPLlCATIONS/ CONSENT AGENDA ITEMS i\<~.;. ENVIRONMENTAL HEALTH HOUSING ENGINEERING SUBTOTAL ~\i( -0- GMP/GENERAL GMP/DETAILED GMPIFINAL SUB/GENERAL SUB/DETAILED SUB/FINAL ALL 2-STEP APPLICATIONS ALL 1-STEP APPLICATIONS CONSENT AGENDA ITEMS BOARD OF ADJUSTMENT ENVIRONMENTAL HEALTH HOUSING ENGINEERING CITY/COUNTY CODE COMP. PLAN COPY FEES OTHER SUBTOTAL TOTAL ==4-'] \ :2, L -~ Cy.(:1[) 0 Project: t' !, ~', L' c:, \. C'\ l " Phone: C '. <: ? <- Date: \ ('llri\ le'll 'of Hours: