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Home My WebLink AboutLand Use Case.308 S Mill St.0005.2011.AHPC308 S. MILL SI REET 0005.2011.AHPL PARCEL # 2737 182 16 003 CERT OF NO NEGATIVE EFFECT . 84 A,9-51 //Â«12 1 ,1 1/1.,7 P f #i THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0005.2011.AHPC PARCEL ID NUMBER 2737 182 16 003 PROJECTS ADDRESS 308 S MILL STREET PLANNER AMY GUTHRIE CASE DESCRIPTION CERTIFICATE OF NO NEGATIVE EFFECT REPRESENTATIVE PHILLIP RING DATE OF FINAL ACTION 4.10.11 CLOSED BY ANGELA SCOREY ON: 05.6.11 ~149*620,~ C:~ 27 3-1 1 9 2 16 00 3 0005 - 20 l l, Allp C ' WJJ LÂ» .... Elle Edit *ord Navigate Fgrm Repor) Format Iab E*Ip 1 1,4 Ix ) e 4*~i il 6 3 03' ~ N 1 / 4 0 11 i lump 1 ~ *~0 IG~ 1 9 A 40 clar NI Royting Status |Feei |Fee 5ummux ~-#ns ~Attachments FRoubng distory | Yaluation | ArchiEng jCitom Flelds i5ub termits TPacels I Pernit type ahpc :Aspen Historic Land Use Pemt # 0005.2011.AlÂ·K ~ Address 308 S MILL ST Apt/5ute * Cty ASPEN .. ., State 15-1 4 81611 Permit Information " Master pernt Routhg mein ~aslu07 | Appied 38/2011 . Project Status pending Approved Descripbon CERTIFICATE OF NO NEGATIVE EFFECT Ism,ed final Submitted PHILLIP M RING 948 9510 Clock @E| Days |-61 0*$ 3/21201 2 Submtted via ' Owner , Last name G&KASSOCIATES First n,ne 308 S MILL ST 1 ..It ASPEN CO 81611 Phone (970) 925-2849 Address f%M -?400 *39 ..4.i Â·ty'll. I Il Owner k applbant? 0 Contractoris Â®picant? Last name KA DESIGI#VORKS, INC. Fht name PO BOX 12204 ASPEN CO 81612 Phone (970)948-9510 Cust # 28079 " Address len* Last name First name 41 Phone () - Address ,k ~isplaysâ‚¬Bfr'~t 'ells-0,26#--,-==a,~..,-*.-iaâ€žaa.a=...a~*-..0.-4.-,ijAWLâ‚¬j#elmlage b~~~bliL- 04**r *6-0 0 0 Av~Â£*4 4 9--Lfc Â· CD 29 2/7 4 Clz 9-Â¢V \6 *t\% f-,oN+ Bl I -'glooll I'-,0--fl Certificate of No Negative Effect THE CITY OF ASPEN X Approved _ Denied Applicant: Koto, LLC, Austin Nagel, 409 E. Hyman, Aspen, CO, 81611, 310-746-8267. For the property at: 308 S. Mill Street, the south 34 feet of Lots A&B, Block 89, City and Townsite of Aspen. X The following alterations, as represented in the application, have been approved: I. Changes to doors and windows on the west fagade of the building. X With the following conditions: I. No other changes permitted without further approvals. The application has been denied for the following reasons: I. N/A. 0Â» #bÂ° fli Amy Guthrie, Historic Preservation Officer Expires 3 years from date shown. Issuance of this certificate does not exempt the applicant from complying with all City codes, including land use and building codes. DEVELOPMENT ORDER ofthe City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three-year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site specific development plan as described below, G&K Land Company, 140 Pitkin Mesa Drive, Aspen, CO 81611, tele: 970-925-3729. The application was submitted, with permission of the owner, bv the leaseholder, KOTO, LLC. Property Owner's Name, Mailing Address and telephone number 308 S. Mill Street, the south 34 feet of Lots A&B, Block 89, City and Townsite of Aspen. Legal Description and Street Address of Subject Property The Community Development Department has approved changes to doors and windows on the west faÂ©ade of the building. The property is located in the Commercial Core Historic District, but is not a contributing historic resource. Written Description of the Site Specific Plan and/or Attachment Describing Plan Approved per Certificate of No Negative Effect. Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) April 10, 2011. Effective Date of Development Order. (Same as date of publication of notice of approval.) April 10, 2014. Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) Issued t" 4th day ~April, 2011 by the City of Aspen Community Development Director. Chris Bend(in, Community Development Director PUBLIC NOTICE Of DEVELOPMENT APPROVAL Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: 308 S. Mill Street, the south 34 feet of Lots A&B, Block 89, City and Townsite of Aspen. The property is owned by G&K Land Company, 140 Pitkin Mesa Drive, Aspen, CO 81611, tele: 970-925-3729. The application was submitted, with permission of the owner, by the leaseholder, KOTO, LLC. A Certificate of No Negative Effect was issued by the Community Development Department for changes to doors and windows on the west fagade of the building. For further information contact Amy Guthrie, at the Aspen Community Development Dept., 130 S. Galena St, Aspen, Colorado (970) 429-2758. City of Aspen Published in The Aspen Times on April 10,2011 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306 ASPEN LAND USE CODE ADDRESS OF PROPERTY: SOF' s. ff.,7/ cRI-P , Aspen, CO STATE OF COLORADO ) ) SS. County of Pitkin ) I. (name, please print) being or repre*nting 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) or Section 26.306.010 (E) of the Aspen Land Use Code in the following manner: L/.* 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 fourteen (14) days after final approval of a site specific development plan. A copy of the publication is attached hereto. 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 no later than fifteen (15) days after an Interpretation has been rendered. A copy of the publication is attached hereto. Â»re-51 LÂ»--7 Signature The foregoing "Affidavit of Notice" was acknowledged before me this ,~i ~cGF.9.< /~~ of ~71-/ , 20tt, by 741!61Wa S / IM 2 i , r.7,Â· Â·' f. 1 Â·: 11 M i 20*ap' 3 rRN WITNESS MY HAND AA) 02.fICIAWÂ»AL PUBLIC NOTICE 13\ I - Of DEVELOPMENT APPROVAL Notice is here Jy given to the general public of the ~47& o; 534 , approval of a site specific development plan, and My commission expires: 040,/ PÂ¥7D O /S- the creation of a vested property right pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described properly: 308 ..WE- S. Mill Street, the south 34 feet of Lots A&8, Block 89, City and Townsite of Aspen. The property is owned by G&K Land Company, 140 Pitkin Mesa .I>~ary Public Drive, Aspen, CO 81611, tele: 970-925-3729. The application was submitted, with permission of the owner, by the leaseholder, KOTO. LLC. A Certificate of No Negative Effect was issued by the Community Development Department for changes to doors and windows on the west fagade of the building. For further information contact Amy ATTACHMENTS: Guthrie, at the Aspen Community Development Dept., 130 S. Galena St, Aspen, Colorado (970) COPY OF THE PUBLICATION 429-2758. City of Aspen Published in the Aspen Times Week/y on April 10, 2011. [6375084] RECEIVED MAR O 8 2011 CITY OF ASPEN DESIGNWORKS INC. COMMlJNITY DEVELOPMENT Application for Historic Planning "Certificate of No Negative Effect" Propertv Information: Address: 308 South Mill Street Parcel ID: 273718216003 Legal Descr: The south 34 feet of Lots A&B, Block 89 of the City of Aspen Description of Proposal: As the new tenant of the building at 308 S Mill Street, KOTO proposes to make several aesthetic changes to the existing structure. The most important of these changes is the replacement of the main entry doors. The existing double doors do not meet current code standards of 36" clear passage. KOTO intends to replace the existing entry with a single, large glass entry door that better matches the contemporary theme of the store. Additionally on the ground level, KOTO plans to replace the dated gable windows with a newer, cleaner set of windows and eliminate the moulding facade that currently obscures a portion of the windows. On the second floor, KOTO is proposing to replace the existing door and windows that face onto the patio/deck area with a NanaWall or set of large pane glass doors. This proposal fits or meets all Historic Preservation guidelines because it does not request any dimensional changes to the exterior of the building, nor do the door or window changes significantly affect the character of the structure. Furthermore, the Historic Preservation Commission has not identified this structure as a historic structure. Please refer to the attached images for a visual representation of the proposed changes. Feel free to call with any questions: Ken Adler Project Architect KA DesignWorks, Inc. PO Box 12204 Aspen, CO 81612 (970)948-9510 ken@ka-desianworks.com www. ka-designworks.com CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and KOTO , LlC. (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an application for 309> S. M/LL ST. (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that the City of Aspen has an adopted fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Historic Preservation Commission, Planning and Zoning Commission and/or City Council to enable the Historic Preservation Commission, Planning and Zoning Commission ancFor City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $ which is for hours of Community Development staff time, and i f actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of $245.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN APPLIONT /1 *Ug[IN N A6 LE By: By: ~~ 20-ro, LLC Chris Bendon Community Development Director Date: *#ll\< Billing Address and Telephone Number: Required 409 8. 1\YMAN AVE AC.FeN , Co 8lell (313) 7 46 -926-1 Aspen Historic Preservation Land Use Application Requirements. Updated: May 29,2007 March 3,2011 Austin Nagel KOTO LLC. 409 East Hyman Ave. Aspen, CO 81611 (310)746-8267 City of Aspen Community Development Dept 130 S Galena Street Aspen, CO To Whom It May Concern: This letter authorizes my architect, KA DesignWorks, Inc. and its representatives to submit land use applications and building permits on my behalf for the properties at 308 South Mill Street and 409 East Hyman Avenue. I am the current leaseholder for each of these properties. The Architect's information is as follows: KA DesignWorks, Inc. PO Box 12204, Aspen CO 81612, (970)948-9510, and ken@ka-desianworks.com. Thank you,A 14/f Austin Nagel KOTO LLC March 4,2011 Virginia Myers G & K Land Company Aspen, CO 81611 (970)309-8489 City of Aspen Community Development Dept 130 S Galena Street Aspen, CO To Whom It May Concern: As owner of the property located at 308 S. Mill St, I hereby authorize the leaseholder, KOTO LLC, and its architect, KA DesignWorks, Inc. and their respective representatives to deal in all matters pertaining to the remodel and tenant finish of this property. Thank you, / ' j '0 (% ityÂ·% 0) U /1,1 A-- Virginia Myers G & K Land Company ATTACHMENT 2 - Historic Preservation Land Use Application 4 - -- PROJECT: Name: K-~r-D Location: -50 6 So jl-. 14.\\ 9-rul- 73\0,1 89 , soo-k 39 1 Of Lot-j A *TA (Indicate street address, lot & block number or metes and bounds description of property) Parcel ID# (REQUIRED) 2131 - 162 - 16 - 009 APPLICANT: Name: ASTIN N,<ble . 2070 LlC Address: 409 E. HY AAM# AVE . AE.755N . co BLGII Phone #: (SIA -146- 826-1 Fax#: E-mail: ASTIA N,eult@ GMAIL. (OAA REPRESENTATIVE: Name: ke.A Acl\,J, kA -be-~~1Aaorls Address: 7[3 50% 12104 j #4,6 CO 8 1 61 2- Phone #: (970) 94 6 -9 910 Fax#: E-mail: kz. e- k.4 -clesi-Jor ke. C.D., TYPE OF APPLICATION: (please check all that apply): U Historic Designation ~ Relocation (temporary. on 9 Certificate of No Negative Effect Â£ or off-site) U Certificate of Appropriateness m Demolition (total demolition) -Minor Historic Development Â£ HistoricÂ· Landmark Lot Split -Major Historic Development -Conceptual Historic Development -Final Historic Development -Substantial Amendment EXISTING CONDITIONS: (description ofexisting buildings, uses. previous approvals, etc.) 9,->,let, Af~ e./Â·14~ use- 4% (U-,2 sp.u-- will Ine- re-k, a.1. PROPOSAL: (description ofproposed buildings. uses. modifications, etc.) 00 ckwy<_ 4 09- or *rpow_ of Jou, ld,Aj - 5'Mply re~,ue-%1-1,4) apfro,Al for M/Aor a.,5+1-cht c.kc.,~ c.5 IAJOCLU~ ae.J cloorS ~ 1,â€¢JLAJet-)S Or- -6>0-4 side- bâ‚¬ 6.,dJ,A~. Aspen Historic Preservation Land Use Application Requirements, Updated: May 29.2007 m El El El General Information Please check the appropriate boxes below and submit this page along with your application. This information will help us review your plans and, ifnecessary, coordinate with other agencies that may be involved. YES NO ></ 2 Does the work you are planning include exterior work; including additions, demolitions, new construction, remodeling, rehabilitation or restoration? - Does the work you are planning include interior work; including remodeling, rehabilitation, or restoration? L *" Do you plan other future changes or improvements that could be reviewed at this tirne? ;Â© In addition to City of Aspen approval for a Certificate of Appropriateness or No Negative Effect and a building permit, are you seeking to meet the Secretary of the Interior's Standards for Rehabilitation or restoration of a National Register of Historic Places property in order to qualify for state or federal tax credits? - 7 If yes, are you seeking federal rehabilitation investment tax credits in conjunction with this project? (Only income producing properties listed on the National Register are eligible. Owner-occupied residential properties are not.) } I Ifyes, are you seeking the Colorado State Income Tax Credit for Historical Preservation? Please check all City ofAspen Historic Preservation Benefits which you plan to use: C Rehabilitation Loan Fund L Conservation Easement Program _ Dimensional Variances 2 Increased Density L Historic Landmark Lot Split 2 Waiver of Park Dedication Fees Conditional Uses i- Exemption from Growth Management Quota System J Tax Credits ATTA ,..,111, lENT 3 - Dimensional Requirements Fo .... (Item #10 on the submittal requirements key. Not necessary for all projects.) Project: 140-ro luMocid Applicant: K.LA A .tur f l'k, ll.r Â£-, A~ , 1Â¢LA-132-5,*u-,or 6-j Project Location: 308 Soolk- M ./\ st Zone District: C-C- - C."Pu,-c-t..l CDC, Lot Size: -2040 st## Lot Area: 20'10 Â·MP + (For the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: Proposed: Number of residential units: Existing: - Proposed: Number of bedrooms: Existing: - Proposed: Proposed % of demolition: 0% DIMENSIONS: (write nia where no requirement exists in the zone district) Floor Area: Existing: '5941 Allowable: Proposed: Height Principal Bldg.: Existing: Allowable: Proposed: Accessory Bldg.: Existing: Allowable: Proposed: On-Site parking: Existing: Required: Proposed: % Site coverage: Existing: Required: Proposed: % Open Space: Existing: Required: Proposed: Front Setback: Existing: Required: Proposed: Rear Setback: Existing: Required: Proposed: Combined Front/Rear: Indicate N. S, E, W Existing: Required: Proposed: Side Setback: Existing: Required: Proposed: Side Setback: Existing: Required: Proposed: Combined Sides: Existing: Required: Proposed: Distance between Existing.- Required: Proposed: 13 D cl , FLe,AS i o Ae..1 CIAA 4,9,Â« Ck- r el ~Vo ~3052_c~ 0/ reit0c~1-(-L~. + /8 3 1-Pl ' T f U i - 1 '' M-"Â·r /1 1 1 7/ki k 0 04:6 - #ft \ *RU INCREASED GLAZING ../ - ' - NEW ACCESSIBLE DOOR '20 1 I. 1 L.' PROPOSED . 4*4 32 - - 1 â‚¬1*r , 1'. A "'44 r â€¢1 /4\ .\hÂ« . . 1 Â¢ 4\ j. 1,1. F- . - 920 IM 11 1 - -.. EXISTING -- 1,~Ah KOTO- 308 S. MILL ST. L 03.03.2011 DESIGNWORKS INC. RECONFIGURED OPENING 11 - PROPOSED - /4/1 ' \Nk EXISTING ELEVATION 1 - ~~ KOTO- 308 S. MILL ST A.A 03.03.2011 DESIGNWORKS -12 . , % INC. t f 1 Illl -Ii 1-1 1 -*Â» Ir~ /r./. --& 4 r.h 7. 11 .m.4.'..n Legend E HYMAN AVE 3:20, % 9. . Addresses 1-- 221- # = fl./1 -/&.1 1 li ' Roads 0 <~- ' ...,11-414 4,6 ~ |-1 Edge of Pavement Aspen FÂ«. .41+*c- !406,1 i I 7 Structures k *-J Parcels -â‚¬ kj 915â€¢ ) r....4 2 1/ N*,11. 9 -*'L 0 -4.*Â»17'Q- 1{ 605 L-7 401 2*-Â·-Â» -vvy Co d t. :~407.441 1--6- . i :4~ h i. 1413.4153 r- ~ ~ 419. â‚¬1:-I<k (f Â£1.1 ill 3( D 92 .....4 312. 207 I 314, - '-4==ZI Â£ 41.- fu'/44& ii'-Ify ' 1 I 316, nfa:ned ,A,#A,calS. Ccir,â€¢lgn! (Cl 1992 201 1 ESRI k,c; ; ~ 0 1~~II~~~~~I~4~~1 Parcels PARCEL ACCOUNTNO BUSINESS WHERE 01. 02!...,1. E...2 Â· 1.... 1. 2.4.3 .7 1 273718216003 R00104-1 UTE MOUNTAINEER CITY OF ASPEN ~ ~'' J Certificate of Ownership I, Jennifer M. Causing, a duly licensed attorney of the State of Colorado, hereby certify that: G & K Partners, a Colorado Partnership, is the record owner of the following real property located in Pitkin County, Colorado: The South 34 feet of Lots A and B, Block 89. City and Townsite of Aspen COUNTY OF PITKIN, STATE OF COLORADO. With the street address of 308 South Mill Street, Aspen Colorado 81611 Subject to the following Lease: Lease to KOTO, LLC, dated February 19, 2011 And subject to the exceptions to title set forth on the attached Exhibit A. waki k 46"4 ~*ni fur Ni. Causing Date: March'~() 2011 ]Ehl 1116,r A 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. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the title that would be disclosed by an accurate and complete land survey of the Land and 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 the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this conunitment. 6. Unpatented mining claims, reservations or exceptions in patents, or in acts authorizing the issuance thereof. 7. Water rights, claims or title to water. 8. Any and all unpaid taxes and assessments and unredeemed tax sales. 9. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or homeowners association or inclusion in any water service or street improvement area. 10. Exceptions and reservations as contained 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. 11, City Resolution No. 6 establishing a pedestrian mall recorded April 3, 1973 in Book 274 at Page 217 as Reception No. 158616. 12. Easement contained in the Deed recorded in Book 202 at Page 431 and in Deed recorded 203 at Page 304. Order Number: 944726 ALTA Commitment (6/17/06) - Schedule B 2 -stewart Page 1 of 2 L----â€¢ title guaranty company 13. Notice of Historic Designation recorded January 13, 1975 in Book 295 at Page 515. 14. Multipurpose Easement Agreement Electric and Communication Utilities recorded June 15, 1976 in Book 313 at Page 250. 15. License with the City of Aspen recorded September 3, 1976 in Book 316 at Page 226. 16. Easement entitled Ute Mountaineer Corridor Project recorded May 14, 2002 as Reception No. 467390. 17. Any and all existing leases and tenancies. 18. A Deed of Trust dated February 27, 1981, executed by B&K Associates, to the Public Trustee, to secure an indebtedness of $112,000.00 in favor of Christopher N. Sommer recorded February 27, 1981 in Book 404 at page 934 as Reception No. 231167. Order Number: 944726 ALTA Commitment (6/17/06) - Schedule B 2 -stewart Page 2 of 2 L--title guaranty company Ill