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Home My WebLink AboutLand Use Case.320 W Main St.HPC007-02- . .IV 9... . -:rn -IT'-#- i ' 320 0 Al 4 94- 0456'' A PCOO-7- 0 2 A=* â‚¬* 14 9-92 Smead Â® lili No. 1516C HASTINGS. MN LOS ANGELES-CHICAGO-LOGAN. OH MCGREGOR, TX-LOCUST GROVE, GA U.S.A. 2735-124-41-005 HPC007-02 W - 320 W. Main St. Historic Landmark -1 T,nt Snlit j 71 . 0 CASE NUMBER HPC007-02 PARCEL ID # 2735-124-41005 CASE NAME 320 W. Main St. Historic Landmark Lot Split PROJECT ADDRESS 320 W. Main St. PLANNER Amy Guthrie CASE TYPE Historic Landmark Lot Split OWNER/APPLICANT Caroline McDonald REPRESENTATIVE Same DATE OF FINAL ACTION 06/10/02 CITY COUNCIL ACTION ORD #14-2002 PZ ACTION ADMIN ACTION APPROVED BOA ACTION DATE CLOSED 02/04/03 BY D DRISCOLL .. PARCEL ID:~2735-124-41005 - 6-XTE ~CVD: ]4/9/02 # COPIES:1 CASE NO~ HPC007-02 CASE NAME:~320 W. Main St. Historic Landmark Lot Split PLNR:~Amy Guthrie PROJ ADDR:|320 W. Main St. CASE TYP:~ Historic Landmark Lot Split STEPSi _j OWN/APP: Caroline McDonald l ADR~320 W. Main St. i' C/S/Z: ~Aspen/CO/81611 PHN:|925-8743 REP:|Same ADRi , Cls/Z:j PHNi -. hâ€¢â€¢4â€¢ W~~~â€¢â€¢â€¢W~~W v#-W~ STAT: ~--J FEES DUE:]1205 D ( FEES RCVD41205 REFERRALS~ REFi BY DUE: MTG DATE REV BODY PH NOTICED j DATE OF FINAL ACTION:~ , CITY COUNCIL: REMARKS| PZ: BOA: CLOSED:~ BY: | DRAC: PLAT SUBMITD: | PLAT (BK,PG):| ADMIN:~ .. Mr. and Mrs. Scott McDonald Elâ‚¬~1 300 W. Main Street Aspen, CO 81611 ASPEN/PITKIN , COMMUNITY DEVELOPMENT DEPARTMENT July 18,2003 Dear Mr. and Mrs. McDonald; Enclosed please find a signed approval granting an extension of the filing deadline for the 320 W. Main Historic Landmark Lot Split Plat and Subdivision Exemption Agreement. The extension is until September 1,2003. As I stated on my voicemail to you today, there is only a minor correction needed on the mylars that you submitted, and I would be happy to walk them over to Dave MeBride's office to be fixed. However, the plat cannot be signed until "Condition 2" of Ordinance #14, Series of 2002, which requires the repair and repainting of the Smith-Elisha house, is fully met. Hopefully the extra time provided by the extension will be helpful to you. Our October 25,2002 letter included a sample of a Subdivision Exemption Agreement, which I am attaching again. Please use this as a model to create your own, which is required to be filed along with.the plat. I can review a draft if you would like. S*el'~ly, / A \ 2 45>} A j U/Y f v- Amy C~hriâ‚¬ . Hist~f Preservation Officer 130 SOUTH GALENA STREET Â· ASPEN, COLORADO 81611-1975 PHONE 970.920.5090 FAx 970.920.5439 Printed on Recycled Paper .. MEMORANDUM TO: Julie Ann Woods, Community Development Director FROM: Amy Guthrie, Historic Preservation Officer RE: Extension of Plat Filing Deadline for 320 W. Main DATE: July 17, 2003 SUMMARY: Ordinance #14, Series of 2002, which granted approval for a Historic Landmark Lot Split and Subdivision Exemption at 320 W. Main Street was passed by City Council on June 24,2002. One of the conditions of approval was that repair and repainting of the Smith-Elisha house would be completed by December 31, 2002. This could not be accomplished, and the plat cannot be signed when there are any outstanding issues, so an extension to the deadline was granted, giving the property owner until July 31, 2003. Because of the large size of the home, some more time is needed, therefore another extension to September 1,2003 is appropriate. APPLICANT: Caroline and Scott McDonald, owners. LOCATION: 320 W. Main Street, Lots N, O, and P, Block 44, City and Townsite of Aspen. PARCEL ID: 2735-124-41-005. ZONING: "O, " Office. STAFF REVIEW: Section 26.480.070.E of the Municipal Code allows the Community Development Director to extend the recordation deadline "if the request is within the vesting timeline and if there is a community interest for providing such an extension." Staff believes that the applicant will be unable to complete the work required by Â·the July 31,2003 deadline. Repair and repainting of the Smith-Elisha house is in the community interest, as it will preserve a valuable historic resource. Staff recommehds the deadline for filing the plat and subdivision exemption agreement be extended to September 1,2003. ~ I approve an Extension of the deadline for filing the plat and subdivision exemption agreement for 320 W. Main Street to September 1,2003, subject to all ff /4 other conditions established in Ordinance #14, Series of 2002. 403 \1 - -Â£(1 3> L._40 1 // 0/9 3 ,4 ~t~ Jui~ Woods, Community Development Director Date 1 .. MEMORANDUM TO: David W. MeBride, Aspen Survey Engineers, Inc. Scott and Caroline McDonald FROM: Amy Guthrie, Historic Preservation Officer RE: 320 W. Main Street- Historic Landmark Lot Split Draft Plat DATE: October 25,2002 Following are the areas of the draft plat for a Historic Landmark Lot Split at 320 W. Main Street which need to be addressed before signature: â€¢ Condition 5c of Ordinance #14, Series of 2002 is required to be printed on the plat. It reads "All new development on the lots will conform to the dimensional requirements of the Office zone district, except the variances approved by the HPC." â€¢ Plat note #6 has a misspelling of the term "FAR." In addition, there are two other issues that prevent the plat from being approved at this time. We have not received a "Subdivision Exemption Agreement," to review, as required by the Ordinance, and the painting of the house, as required under condition #2 of Ordinance #14, Series of 2002, has not been completed. If those conditions are not met by 180 days of Council's approval of the Ordinance (by December 24,2002) the lot split approval will be null and void. A sample "Subdivision Exemption Agreement" to use as a model is attached to this memo. SUBDIVISION EXEMPTION AGREEMENT FOR THE CORBIN/BURROWS HISTORIC LANDMARK LOT SPLIT THIS SUBDIVISION EXEMPTION AGREEMENT (hereinafter t'Agreement") is made and entered into this r?-Â»c day of Ck_-g.0,~Le , 2001, by and between a) MARCIA A. CORBIN and ANNE W. BURROWS (hereinafter collectively "Owners") and, b) THE CITY OF ASPEN, A MUNICIPAL CORPORATION (hereinafter â€žCitf). WITNESSETH: WHEREAS, Owners own that certain real property (the "Property") located at 505 North Fifth Street and 610 West Smuggler Street and more particularly described as Lots Q, R, and S, Block 20, City and Townsite of Aspen, State of Colorado; and WHEREAS, on February 26, 2001, the City Council of the City of Aspen granted approval for subdivision exemption for a lot split on the Property pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code to dissolve/vacate the Condominium Map o f The Smuggler Condominiums and the associated Statement of Exemption From The Definition of Subdivision (Book 310, Page 839) and simultaneously replace them with this Agreement and a Subdivision Exemption Plat for an Historic Landmark Lot Split (hereinafter "Plat"), where said Plat indicates a lot line between Lot Q and Lots R and S, resulting in a 3,000 square foot Lot Q and a 6,000 square foot Lots R and S; and WHEREAS, the approval of the historic landmark lot split was conditioned upon Owners complying with certain requirements outlined in Ordinance No. 5, Series of 2001, including entering into a Subdivision Exemption Agreement for the Property; and WHEREAS, Owners have submitted to the City for approval, execution and recordation a plat for the Property (the "Plat") and the City agrees to approve, execute and record the Plat (Owners pay all applicable recordation fees) on the agreement of the Owners to the matters described herein; and WHEREAS, the City has imposed conditions and requirements in connection with its approval, execution, and acceptance of the Plat, which matters are necessary to protect, promote and enhance the public health, safety and welfare, and the Owners are prepared to enter into a Subdivision Exemption Agreement incorporating such conditions and requirements. NOW, THEREFORE, in consideration of the mutual covenants contained herein and the approval, execution, and acceptance of the Plat for recordation by the City, it is agreed as follows: 1111111111111111111111111111111111111111111111111111111 453403 04/16/2001 09:29A SUB AGRE DAVIS SILVI 1 of 6 R 30.00 D 0.00 N 0.00 PITKIN COUNTY CO 1 .. 1. Acceptance of Plat. Upon execution ofthis Agreement by all parties hereto, and upon approval of the final plat by the Engineering Department and the Community Development Director, the City agrees to approve and execute the final plat for subdivision exemption for the historic landmark lot split submitted herewith, which conforms to the requirements of Chapter 26.480 and all other applicable requirements of the Aspen Land Use Code. Said Plat and this Agreement shall be recorded (Owners pay all applicable recordation fees) in the Office ofthe Pitkin County Clerk and Recorder within 180 days ofFebruary 26, 2001 (the day Ordinance No. 5, Series of 2001 was approved). 2. Encroachments Into Public Rights-Of-Way. At present, there is a fencing encroachment into the public right-of-way on West Smuggler Street from Lots R and S, and a trash shed encroachment into the Block 20 alley on the north side ofLot Q. Owners agree to demolish the trash-shed encroachment in the Block 20 alley within 180 days of February 26, 2001 (the day Ordinance No. 5, Series of 2001 was approved). In addition, prior to the recording of the final plat, the Owners agree to either 1) remove the Lot R and S fencing encroachment into the West Smuggler Street right-of-way within 180 days of February 26, 2001 (the day Ordinance No. 5, Series of 2001 was approved), or 2) obtain a Temporary Revocable Encroachment License from the City Engineering Department to allow the encroachment to continue to exist. Upon redevelopment ofLots R and S, it is agreed that the then owner of said property shall eliminate the fencing encroachment in the public right-of-way on West Smuggler Street. 3. Meter Boxes. Each structure on the Property, whether existing or developed in the future, shall maintain separate and individual meter boxes. 4. Restrictions Applicable to the North Fifth Street Irrigation Ditch. Owners recognize and understand that the ditch running alongside Lot S, in the North ..98 Fifth Street right-of-way, is the property of the City of Aspen and is located within the -1 - public right-of-way. As such, no private party, including but not limited to the owner of Lots R and S, may take any action affecting the ditch, such as landscaping or any other -â€¢4 0 ->0 action made to the channel of the ditch, that might further impede its flow without proper -OZ review and approvals by the City of Aspen Community Development, Engineering, and - LU X Parks Departments. - 5. Tree Removal. To the extent required and in accordance with the tree -JO -0 - 4 removal permit process, the Owners shall obtain approval from the City of Aspen Parks - Department for the removal of any tree(s). --4 6. Subdivision. No further subdivision of the Property may occur without emgo receipt of applicable and required approvals pursuant to Chapter 26.480 ofthe Aspen -00 Land Use Code (hereinafter "Code") and growth management allocation pursuant to -0 . Chapter 26.470 ofthe Code, unless the Code is amended in a manner that otherwise allows for further subdivision. Similarly, no additional dwelling units may be -,9 40 constructed on the Property without receipt of applicable and required approvals. These restrictions shall be noted on the Plat. . el 2 .. 7. Development Potential. The subdivision exemption lot split results in two (2) lots, one of 3,000 square feet (Lot Q) and another of 6,000 square feet (Lots R and S). The maximum combined development potential shall not exceed three (3) principal dwelling units, which may be comprised of a duplex and a single-family home pursuant to Section 26,480.030(A)(2)(g) ofthe Code. It is noted, however, that the Owners are in receipt of conditional use approval from the Planning and Zoning Commission to further allow the placement of two (2) detached single-family homes or a duplex on the 6,000 square foot lot (Lots R and S) pursuant to Resolution Number 4, Series of2001. With regard to floor area (FAR), the maximum allowable FAR floor area that can be developed on the 3,000 square foot lot (Lot Q) is 1,340 square feet (which includes a 500 square foot bonus that has been approved by the Historic Preservation Commission), and the maximum allowable FAR floor area that can be developed on the 6,000 square foot lot (Lots R and S) is 3,240 square feet. All ofthe restrictions and limitations described in this section (7) shall be noted on the Plat. 8. Future Development. Any future development on or redevelopment of the lots created through the subdivision exemption lot split as shown on the Plat, shall be required to mitigate for its impacts pursuant to Chapter 26.470, Growth Management Quota System (GMQS), as may be required. Further, redevelopment ofthe 6,000 square foot lot (Lots R and S) shall be required to mitigate for affordable housing pursuant to Section 26.470.070(B) of the Code. Any new development or redevelopment of the Property will conform to the dimensional requirements of the R-6 zone district unless a variance(s) have been approved by an entity having the authority to do so. The Property is designated as an historic landmark and must receive Historic Preservation Commission ==-0 EER~ (HPC) approval for all future development (except development limited to the interior of a building(s)) in accordance with Chapter 26.415 of the Code. All of the restrictions and ~ ~ ~ limitations described in this paragraph (8) shall be noted on the Plat. 0 aZ 9. Survey Monument. The survey monument located at the southeast U.1 X m corner of Lot S shall be preserved, as required by the City of Aspen Engineering a 0- Department. ms Â® 10. Street Trees. As a result of any future development, Owners shall be m z 9Â® required to place street trees in a manner that reflects the traditional cottonwood street m Q tree pattern currently lining West Smuggler and North Fifth Streets, as required by the S . =- o City of Aspen Parks Department. ea NO 11. Plat Vacation and Replacement. Owners will ensure that the pl G q m Condominium Map of Smuggler Condominiums and any associated declarations are vacated and replaced with the approved and recorded Plat and associated approval 19 /0 documents (i.e., Ordinance No. 5, Series of 2001, Resolution No. 4, Series of 2001, the HPC approval Resolution, and this Agreement). The aforementioned Plat and associated -. M approval documents will also serve as a replacement for the 1976 "Statement of 3 Il lilli 11IlllI "' lilli "' I'llili' 1!' 1 ' I .. Exemption from the Definition of Subdivision" recorded in book 310 at page 839. The information contained in this paragraph (11) shall also be noted on the Plat. 12. Improvement Districts. Owners agree to join any future improvement districts formed for the purpose of constructing street improvements (including sidewalk, curb, gutter or paving) or burying of overhead utility lines, provided such improvement districts are proposed for a physical area which includes the Property. 13. Fees and Reimbursements. Owners agree to reimburse the City for their respective and proportionate share of the cost associated with any improvements which directly benefit the Property should the City elect to construct such improvements without the formation of a special assessment district. In addition, Owners agree to pay any applicable fees required by the Code if and when such fees are due. 14. Material Representations. All material representations made by the Owners on record, whether in public hearings or in documentation presented before City Council, shall be binding upon the Owners. 14. Enforcement. In the event the City determines that the Owners are not in substantial compliance with the terms of this Agreement or of the Final Plat, the City may serve a notice of noncompliance and request that the deficiencies be corrected within a period of forty-five (45) days. In the event the Owners believe that they are in compliance or that the noncompliance is insubstantial, the Owners may request a hearing before the City Council to determine whether the alleged noncompliance exists or where any amendment, variance, or extension oftime to comply should be granted. On request, the City shall conduct a hearing according to its standard procedures and take such action as it deems appropriate, The City shall be entitled to all remedies at equity and at law to >0 -1 enjoin, correct and/or receive damages for any noncompliance with this Agreement. 0 1- Z 01 HO 15. Notices. Notices to the parties shall be sent in writing by U. S. certified >0 OZ mail, return receipt requested, postage prepaid, Such notices shall be deemed received, if /4 U.1 x not sooner received, three (3) days after the date of the mailing of the same. . 1- O- a n. mo To the Owner Anne W. Burrows J /9 505 North Fifth Street . ~ z Aspen, CO 81611 e 0 0 0 6 To the Owner: Marcia A. Corbin Â®O P.O. Box 9312 NO Aspen, CO 81612 To the City: City Attorney â‚¬9 to City of Aspen 130 South Galena Street m o Aspen, CO 81611 .. 4 Illill lilli 1! Ilillill lilli lilli lilli Ill Ilill lili lili .. 16. Bindine Effect. The provisions of this Agreement shall run with and constitute a burden on the land and shall be binding upon and inure to the benefit of the Owners, their successors and assigns, and to the City and its successors and assigns. 17. Amendment. This Agreement may be altered or amended only by written instrument executed by all parties hereto, with the same formality as this Agreement was executed. 18. Severabilitv. If any provision ofthis Agreement is determined to be invalid, such invalidity shall not affect the remaining provisions hereof. IN WITNESS WHEREOF, the parties hereto have executed this Subdivision Exemption Agreement the day and year first written above. OWNERS: ANNE W. BURROWS r.1 Â£ X.U--u Lio . 2~LLUL & CLs Anne W. Burrows MARCIA A. CORBIN .f flo-~ c_, ad- 4-~ L-~ Marcia A. Corbin 111111111111111111111111111111111111111111111111111111 453403 04/16/2001 09:29A SUB AGRE DAVIS SILVI 5 of 6 R 30.00 D 0.00 N 0.00 PITKIN COUNTY CO APPROVED: 71Â£/ /nutbi 4 1 /010 1 John Worcesfo<dity Attorney THE CITY OF ASPEN, COLORADO ATTEST: a municipal corporation ByÂ·<Â»f fC. /(~LatÂ«03)4 1 Rachd E Richards, Mayor \~ h ~Kathr~0 Koch, City Clerk 5 .. STATE OF COLORADO ) ) SS. COUNTY OF PITKIN ) The foregoing was sworn and subscribed to before me this 6438 day.of . .:Â·tic , 2001, by Anne W. Burrows. . I - - 1-h- Witness my hand and official seal. , % 0 2 60 us : 3. 49 My commission expires 4 - 85 - c)OCA Notary Public STATE OF COLORADO ) ) SS. COUNTY OF PITKIN ) 2/ , The foregoing was sworn and subscribed to before me this ZÂ¥Â¥3~ day of ~ ~ 894 \ , 2000, by Marcia A. Corbin. Witness my hand and official seal. .7 -'h ,Â· e.4.- 1 (/1 .- My commission expires (-1. 25 -,0201 vfd>Â°-> 1.- { > /r . Notary Public u , 0 STATE OF COLORADO ) ) SS. COUNTY OF PITKIN ) The foregoing was sworn and subscribed to before me this /24 day of A prit , 2001, by Rachel Richards and Kathryn Koch, as Mayor and City,00%'feez~za,2.b. Clerk, respectively, of the City of Aspen, a Municipal Corporation. 4,(. Â·Â·Â·Â·Â·.94 :wd O... ..:0 e... .. Witness my hand and official seal. 430 04, CHERYL My commission expires 6 -/5 -0 4 . 0 i KOEHNE f :0 lOft,4---lir . .kT *otary Pub ~/ .....e- 6 67'to\, 1111111111111111111111111111111111111111111111111111111 453403 04/16/2001 09:29A SUB AGRE DAVIS SILVI 6 of 6 R 30.00 D 0.00 N 0.00 PITKIN COUNTY CO c:My Documents\City Applications\Corbin-Burrows SEA 6 .. Mr. and Mrs. Scott McDonald 300 W. Main Street Aspen. CO 81611 ASPEN/ FITKIN COMMUNITY DEVELOPMENT DEPARTMENT Dear Mr. and Mrs. McDonald; Enclosed please find a signed approval granting the extension of the deadline for filing the Plat and Subdivision Exemption Agreement for 320 W. Main Street, as you requested. Although we initially believed this to be a review before City Council, a recent amendment to the Land Use Code allows an extension by the Community Development Director, which is a time savings for everyone. Also enclosed are the staff comments related to-the draft plat that was submitted, along with guidance for preparing the Subdivision Exemption Agreement. With regard to the issues surrounding "Condition 2" of Ordinance #14, Series of 2002, which requires the repair and repainting of the Smith-Elisha house, it is our understanding from the City Attorney, John Worcester, that some clarification is' needed from the Historic Preservation Commission, who established the condition and recommended itp adoption by Council. We suggest that you submit a letter to our office, addressed to the HPC so that we can schedule time on their agenda for this clarification as soon as possible. The goal would be for all parties to have the same expectations by the time the weather allows painting to recommence. Please also be aware that there is a balance of $230.00 due to the Community Development Department for the processing of the Lot Split application, which must be paid before the final plat can be signed and recorded. If you have any questions, please feel free to call. Sincerely, Alie Ann Woods Community Development Director 130 SeurH GALENA, STREET Â· ASPEN, COLORADO 81611-1975 Â· PHONE 970.920.5090 Â· FAx 970.920.5439 Printed on Recycled Paper E'- r.4 .. MEMORANDUM TO: Julie Ann Woods, Community Development Director FROM: Amy Guthrie, Historic Preservation Officer RE: Extension of Plat Filing Deadline for 320 West Main DATE: November 21, 2002 SUMMARY: Ordinance No. 14, Series of 2002 was passed by City Council on June 24, 2002. This Ordinance granted approval for a Historic Landmark Lot Slit and Subdivision Exemption for the property at 320 W. Main. One of the conditions of approval was that repair and repainting of the Smith-Elisha house was to be completed by December 31, 2002. The plat cannot be signed while there are any outstanding conditions of approval. The applicants have been unable to complete the work required and are requesting a seven month extension from December 31, 2002, to record the lot split and subdivision exemption agreement. This would extend the deadline to July 31,2003. LOCATION: 320 W. Main Street, Lots N, O, and P, Block 44, City and Townsite of Aspen. ZONING: "O," Office. APPLICANT: Caroline and Scott McDonald, owners. STAFF REVIEW: Section 26.480.070.E of the Municipal Code allows the Community Development Director to extend the recordation deadline "if the request is within the vesting timeline and if there is a community interest for providing such an extension." Staff believes that the applicant will be unable to complete the work required by the December 31, 2002 deadline. Repair and repainting of the Smith-Elisha house is in the community interest, as it will preserve a valuable historic resource. Staff recommends the plat recordation deadline be extended to July 31, 2003. I approve an Extension of the Plat Recordation Deadline to July 31, 2002 for 320 W. Main Street, also known as the Smith-Elisha House, a designated historic landmark, subject to all other conditions eÂ§tablished in Ordinance No. 14, Series of2002. 09-0, 0-A--7 1 1/2.1/0 3--D Julie& Woods, Community DevelopmeptDirecto'r - ~ Â·, L ?02 Date 43*,u 4,2 lÂ·i i ! ur a ur'EN 'HECTG? .. MEMORANDUM TO: David W. MeBride, Aspen Survey Engineers, Inc. Scott and Caroline McDonald FROM: Amy Guthrie, Historic Preservation Officer John Niewoehner, Community Development Engineer RE: 320 W. Main Street- Historic Landmark Lot Split Draft Plat and Subdivision Exemption Agreement DATE: October 28,2002 Following are the areas of the draft plat for a Historic Landmark Lot Split at 320 W. Main Street that need to be addressed before signature: â€¢ Condition 5c of Ordinance #14, Series of 2002 is required to be printed on the plat. It reads "All new development on the lots will conform to the dimensional requirements of the Office zone district, except the variances approved by the HPC." â€¢ Plat note #6 has a misspelling of the term "FAR." â€¢ Two new survey monuments need to be installed in the field marking the new lot line. These monuments need to be shown on the plat. â€¢ Correctly label Lot O. (Currently it is mislabelled as Lot Q.) In addition, to the plat, Ordinance #14, Series of 2002 requires that a "Subdivision Exemption Agreement," be filed. A sample of one completed for a different property is attached to use as a model. Please submit a draft agreement for review by City Staff. .. November 19, 2002 John Worcester, City Attorney City of Aspen cc. Aspen City Manager ReÂ£ Letter from Guthrie, Community Dev. Dept. Dated October 25,2002 To whom in may concern: We received a certified letter from Ms Amy Guthrie, Historic Preservation Officer with the City of Aspen concerning a Lot Split for a IIistoric Landmark at 320 West Main Street, in the said letter Ms Guthrie starts the letter with a review of submitted plat (by MeBride) was underway and comments will be returned to us and our sun'eyor regarding any correction that need to "be made". As of this date, neither our surveyor, David McBride or The McDonald have received any comments (verbal or written (we expect written)) on accepting the plat or comments on "needed corrections". This lack of follow through is on the verge of incompetence. Sincerely, Scott and Caroline McDonald r 4-1 311 11~1,2,~02* Flus Autod 944_ TFullk- .. i 25 October 2002 ASPEN Â· PITKIN COMMUNITY DEVELOPMENT DEPARâ„¢ENT Scott and Caroline McDonald 300 W. Main Street , Aspen, CO 81611 - Re: Historic Landmark Lot Split Plat that has been submitted for 320 W. Main Street ~ Dear Scott and Caroline, A review of the plat submitted for 320 W Main Street is underway and comments will be returned to you and your surveyor regarding any corrections that need to me made. Plpse note that we are not authorized to bign the plat while any outstanding conditions of approvalremain. Ofiartic61220/Bern i& condition #2 of Ordinaned #14, Series of-3662, which requires the repair and repainting of the exterior of the Smith-Elisha House to be completed by December 31,2002. With winter approaching, we are concerned that this has not yet been addressed. If the painting is not completed by the deadline, *e approval for a lot split~l be considered null, and void. There is a requirement within the ordinance that the pIE-be signed within 180-tiEs of Council's approval, which is December 24,2002, so that is in fact the final date by which the work on the house must be completed. Â· Please call me with any questions. sitely, 2 ! 1 .01 , 7 42.9IU j . .Amy Grthe' HistoricIPreservation Officer City of Aspen 970-920-5096 ce: David Hoefer, Assistant City Attorney Julie Ann Woods. Community.Development Director 130 SOUTH GAL-ENA STREET ASPEN, COLORADO 81611-1975 Â· PHONE 970.920.5090 FAx 970.920.5439 Printed on Recveled Paper 4-3.. 1 2 R' 14 46' 1 , - -0/4 Mt: IÂ·.3-29 -*Efo-'* 9%32/:-Sit.P. i Nov 6,2002 NOV 2002 To: John Worster, Aspen City Attorney i ~ pitt. r.t.. cc: Aspen City Council, Aspen City Manager f cc. Julia Ann Woods, Director of Community Development cc: Jeff Woods, Director of The Parks Department From: Scott and Caroline McDonald 0111&2/ m ./- Subject: Historical lot split for 320 West Main St. Request to Julia Ann Wood to insure a Council commitment of a 7 month '4 111 -4 extension of Ordinance 14, series of 2002, Parcel ID 2735-124-41-005.. 4,6, alk Reference: 1. Plan " for repair and repainting of said Historical buildings" 14,tby. ~ik * 2. Ordinance 14, series of 2002, Parcel ID 2735-124-41-005 3. Certified Letter from Amy Guthrie Dated Oct. 15, 2002 Dear John, As of this date we have not had a response to the above referenced problem:: 1. Our conference with Amy, her assistant and you clarified that the city was NOT willing to extend our mandated work commitment via Ordinance No. 14, series of 2002, Parcel ID # 2735-124-41-005 without recognition of new terms. The mandatory requirement of the "PLAN" was submitted and was stamped "received by the Pitkin County Building Dept. July 29th St. 2002 for "repair and repainting". Mr. Wooster did point out that the lot split was null and void Dec.31, 2002 and that the "Financial obligation" interjection by City Staff into the ordinance was meaningless. 2. This "repair and repainting" was the extraction for a "residential bonus needed" vs. a no bonus needed if there was any commercial area in said Elisha main house, again an applicant not playing games is slighted. The McDonald's intention is and has been demonstrated that we follow the submitted work plan to completion. We feel the attempt of the City to extract further financial bond performance and to renegotiate the terms of our mandated work plan not only unfair but a symptom of"sandbagging or biting the applicant that is treated like a criminal. We were total aghast that Amy Guthrie' admitted that she did not read the "work plan" and now she disagrees with and now wants it up for renegotiations. Are we to pay the price for her irresponsibility and ineptitude by not attending to the "July 31, 2002" deadline, an ordinance mandated submission?. Are we to be compromised by Amy's inadequacies, she has in the pasfforgo? to add a set back requirement at the first reading delaying us another month and this after paying double for the same lot split that will have taken two year this February a $4,000 attempt to a simple, not any development lot split on a 9,000 foot lot docs not speak well of a city's service to their citizens. A. . Please note there is obfucation due to a 6 year beef with HPC and the City Parks Dept over a 55 to 60 foot Spruce tree, that was planted on the SouthWest r .. side of the main Elisha House in "1947 by Harry Peterson" (statement from MJ Elisha) at the same time 3 Cottonwoods, were planted along the Northwest property line (obviously all are competing for nutrients, water and sun. All Dee attached picture), all are the same age, two are obviously losing their war with the conifer. (Note: this information came from the former owner of Copper Horse, then The Edelweiss Inn's owner, Johnie Poshman, "the cottonwoods were alllittle saplings, when she lived there in 1950". Anyone with a basic ecological knowledge knows conifers will push out deciduous trees. Sven Alstrom our local sun oriented architect stated to us "Duh", all Victoriad planted deciduous trees on the SW side of their Victorians and conifers on the North. Not only does the City bureaucracy demonstrate "no common sense", they appear vindictive and ignorant to boot. North side conditions on the South side of a 3 story Victorian roof, not up today's codes, the snowload code is a threat to the health of the Victorian, is another "Duh!" 2 by 4 roofmembers vs 2 by 12 of today's code!! We spend ridiculous hours of maintenance on the house due to the ice and snow accumulation hiding in the shade of the tree (Maintenance on a ladder 2 1/2 stories up in Winter is stupid) This is an underhanded control tactic that defies common sense. 3. We therefore request from the City council due to inclement weather in Sept.(one of the rainiest ever! !), due to family commitments (note: work plan revealed that unlike most in Aspen we are doing the work ourselves, (like we have always done we have been in Aspen for 40 years and I will hope City Council will treat their citizens fairly and not appear adversarial nor disrespectful of Citizen's innate property rights) and of course the reason that stand out the most a mid to end of October anival of an early winter making the last two months impossible for work on "repair and repainting". We respectfully request a seven month extension of the Dec. 31, 2002 date to record said lot split and subdivision exemption agreement to the date of July 31, 2003 4. We are confused at to the financial obligation" interjection of staff into the ordinance, is this a double punitive operation? If' so, we always reserve the right to withdraw the lot split and pursue "condominiumization. Sincerely,- McDonald L .. Section 10: That Section 26.480.070(E) of the Aspen Municipal Code shall be amended as follows: Section 26.480.070(E), Subdivision Agreement, Recordation: E. Recordation. The subdivision 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 a period of one hundred eighty (180) days following approval by the City Council shall render the plat invalid. The Community Development Director may extend the recordation deadline if the request is within the vesting timeline and if there is a community interest for providing such an extension. The Community Development Director may forward the extension request to the Planning and Zoning Commission. The subdivision plat shall also be submitted in a digital format acceptable to the Community Development Department, for incorporation into the City/County GIS system. The one hundred eighty (180) day recordation requirement contained herein shall not apply to the recording of condominium maps, or declarations or any other documents required to be recorded to accomplish a condominiumization in the City o f Aspen. Section 11: That Section 26.510.040(E) of the Aspen Municipal Code shall be amended as follows: Section 26.510.040(E), Determination of Compliance: -2. Determination of compliance. After reviewing the application and determining its compliance and consistency with the purposes, requirements and standards in this Chapter, the Community Development Director shall approve, approve with conditions or deny the development application for a sign permit. Section 12: That Section 26.510.060 of the Aspen Municipal Code shall be amended as follows: Section 26.510.060, Sign Setback: Signs are not subject to the setback requirements of the zone district where they are located. Section 13: That Section 26.510.080(C) of the Aspen Municipal Code shall be amended as follows: < Section 26.510.080(Ch Graphic Designs: Section has been eliminated. 20 .. plan, utility plan and building elevations, and specially planned area (SPA) agreement shall be recorded in the office of the Pitkin County Clerk and Recorder, and shall be binding upon the property owners subject to the development order, their successors and assigns, and shall constitute the development regulations for the property. Development of the property shall be limited to the uses, density, configuration, and all other elements and conditions set forth on the final development plan and SPA agreement. Failure on the part of the applicant to record the final development plan and SPA agreement within a period of one hundred and eighty (180) days following its approval by City Council shall render the plan invalid and all associated vested rights shall expire. The Community Development Director may extend the recordation deadline if the request is within the vesting timeline and if there is a community interest for providing such an extension. The Community Development Director may forward the extension request to the Planning and Zoning Commission. Section 8: That Section 26.445.070(A) of the Aspen Municipal Code shall be amended as follows: Section 26.445.070(A). Recording a Final PUD Development Plan: - A. General. Unless otherwise specified in the City Council Ordinance granting final approval of a PUD development plan, all necessary documents, as applicable, shall be recorded within one-hundred-and-eighty (180) days of the adoption date of the final Ordinance. Failure to file these documents within this time period shall render null and void the approval of a final development plan. The Community Development Director may extend the recordation deadline i f the request is within the vesting timeline and if there is a community interest for providing such an extension. The Community Development Director may forward the extension request to the Planning and Zoning Commission. Reconsideration of the final development plan and PUD agreement by the Planning and Zoning Commission and City Council may be required before its acceptance and recording. Section 9: That Section 26.480.030(2)(E) of the Aspen Municipal Code shall be amended as follows: Section 26.480.030(2)(E), Lot Split: 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. The Community Development Director may extend the recordation deadline if the request is within the vesting timeline and if there is a community interest for providing such an extension. The Community Development Director may forward the extension request to the Planning and Zoning Commission. 19 .. ORDINANCE N0.9 (SERIES OF 2002) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING THE ADDITION OF CHAPTER 8.50, FLOOD DAMAGE PREVENTION AND SECTIONS 8.50.010-050 AND CODE AMENDMENTS TO THE FOLLOWING SECTIONS: SECTION 26.104.100, DEFINITIONS; SECTION 26.222.070(B), DRAC MEETINGS, HEARINGS AND PROCEDURES; SECTION 26.304.060(E)(3), PUBLIC NOTICE; SECTION 26.312.030 (F)(2), NONCONFORMING STRUCTURES/USES; SECTION 26.410.040(B)(1), SECONDARY MASS; SECTION 26.440.070(B), SPECIALLY PLANNED AREA AGREEMENT AND RECORDATION; SECTION 26.445.070(A), RECORDING A PLANNED UNIT DEVELOPMENT PLAN; SECTION 26.480.030(A)(2)(E), SUBDIVISION EXEMPTIONS; SECTION 26.480.070, SUBDIVISION AGREEMENT; SECTIONS 26.510.040(E), 26.510.060 & 26.510.080(C), SIGNS; SECTION 26.610.020(D), PARK DEVELOPMENT IMPACT FEE; AND SECTION 26.610.080, PARK DEVELOPMENT IMPACT FEE, AFFORDABLE HOUSING, CITY OF ASPEN, PITKIN COUNTY, COLORADO. WHEREAS, the Community Development Department initiated code amendment changes to the above cited sections pursuant to Section 26.210.020(B)(14) of the Land Use Code; and WHEREAS, pursuant to Sections 26.310.040, the City Council, in accordance with the procedures, standards, and limitations of this Chapter, shall by ordinance approve, approve with conditions, or deny a Code Amendment application for Amendment to the Land Use Code and Official Zone District Map, after recommendation by the Community Development Department and Planning and Zoning Commission pursuant to Section 26.430.020; and, WHEREAS, the Community Development Department reviewed the Code Amendments to the above cited sections pursuant to Section 26.310.040 and recommended approval; and, WHEREAS, during a public hearing on January 29, 2002, the Planning and Zoning Commission recommended, by a six to zero (6-0) vote, the City Council approve the amendments to Section 26.104.100, Definitions; Section 26.222.070(B), DRAC Meetings, Hearings and Procedures; Section 26.304.060(E)(3), Public Notice; Section 26.312.030 (F)(2), Nonconforming Structures/Uses; Section 26.410.040(B)(1), Secondary Mass; Section 26.440.070(B), Specially Planned Area Agreement and Recordation; Section 26.445.070(A), Recording a Planned Unit Development Plan; Section 26.480.030(A)(2)(e), Subdivision Exemptions; Section 26.480.070, Subdivision Agreement; Sections 26.510.040(E), 26.510.060 & 26.510.080(C), Signs; and Section 26.610.020(D), Park Development Impact Fee as proposed by the Community Development Department and, 1 .. Oct. 29,2002 To: John Worster, Aspen City Attorney ec: Aspen City Council, Aspen City Manager Subject: Historical lot split for 320 West Main St. Reference: 1. Plan " for repair and repainting of said Historical buildings" 2. Ordinance 14, series of 2002, Parcel ID 2735-124-41-005 3. Certified Letter from Amy Guthrie Dated Oct. 15, 2002 Dear John, We would like a response from you on the following: 1. The Ordinance signed by the City states in Section 2 #2 " The City will require a financial security be posted by the applicant to ensure that this condition is met. 2. The McDonald ' s intent as stated in the submitted work plan. received July 29th, 2002 is to protect all exposed wood on said Historic buildings with repainting. The McDonalds note at this date, Oct. 2914 2002, that the intent of the McDonalds, as stated in the submitted "work plan" of July 29th, 2002 is to do the work themselves. Besides their other duties in life they have been working to protecting the wood and repainting the structures, in fact they are almost done. Please note that an unseasonably wet September occurred and it would be nice for Amy to acknowledge this and extend more time, if any conflict exists. The intent of compliance is obvious. It is the prerogative of the McDonald's to have a different color scheme for each building at this point, since we have had an historical issue with a large spruce tree on the South side of the Main House. This tree causes North Side Conditions on the Southwest side of an Historic structure (the 1800's structure does not comply to modern code for snow load and ice dams. These structures allowed for heat transference through the roof and the melting of snow with out creating any significant snow load. Most Victorian roof structural members are two by fours, or if lucky two by sixes. Today's code requires in most cases two by twelves < (minimum) or modern truss designs to address the heavy snow loads incurred by a well insulated roof. We have insulated as much as possible, but worry about excessive snow load deforming roof members. As ofyet the HPC will not acknowledge this problem., Amy had promised to help with this problem when we objected to her interjection of the "Financial Security" clause to our ordinance, this had never been discussed at any previous meeting of the committees (classic city staff action with out communication or discourse with an applicant). She has stated this was the prerogative of the Staff to inject this "financial condition" Due to the lack of knowledge and indifference of the HPC and Amy over the years, a-Â© have been burden with needless (]ife threatening) roof shoveling, heat tapes and interior plaster repair. Please note: The McDonald's purchased the paint for both structures in approximately 1997 and have been protesting the damage the tree has been causing the structure since then. The Spruce tree is encroaching on 3 cottonwoods to the West to the extent, they are dwarf in size and large limbs have been killed. In another decade they will die. There is no lack of trees in that area, the cottonwoods would offer protective shade in the Summer and warming sun in the Winter, as historically utilized by these Victorian buildings, in their day. The ISSUE has always been between us and the various City departments and their voluntary committees is: the inevitable death of 3 cottonwood trees, the blocking of the public's view of a historical building, the incurred damage to a historical house by blocking the sun on the West roof and South elevation preventing the melting of roof snow, the resulting needless expense, maintenance and repair, all due to the cio''s mandated subordination of home-owner rights to an OVERGROWN omamental spruce tree planted in the 1950's? For us and any other Aspen Historical Home owner, these are self evident questions defying common sense. For the City not to address this problem in a logical and timely manner, ~lustrates the incompetence and diffidence of some of the City' s staff, which we feel has been an on going systemic problem with Aspen Government for decades. 3. Amy's interpretation of the ordinance in her letter of Oct. 25 is that the performance is not a financial obligation but a threat of not having the City of Aspen complete the submitted plot map in a timely matter. This is legally incorrect! Sincerely, Caroline McDonald .. 25 October 2002 ASPEN Â· PITKIN COMMUNITY DEVELOPMENT DEPARTMENT Scott and Caroline McDonald 300 W. Main Street , Aspen, CO 81611 - Re: Historic Landmark Lot Split Plat that has been submitted for 320.W. Main Street Dear Scott and Caroline, A review of the plat submitted for 320 W Main Street is underway and comments will be ~ returned to you and your surveyor regarding any corrections that need to me made. P~ase note 7- that we are not authorized to Mign the plat while any outstanding conditions of approval-EmaiiiÂ· OGREBular Eoncemis-Joi[Ition #2 of Ordinance #14, Series of3602,-which requires the repaiI and repainting of the exterior of theÂ· Smith-Elisha House to be completed by December 31,2002, With winter approaching, we are concerned that this has not yet been addressed. if the painting is not completed by the deadline, the approval for a lot split will be considered null and voic17 There is a requirement within the ordinance that the plat be signed within 180-days oi Council's approval, which is December 24,2002, so that is in fact the final date by which the work on the house must be completed. Please call me with any questions. SipÂ¢@Ry, ~ j n \A/.Â«AI/Le 1 , L./.Amy Ck~tr~Â«~ - HistoricIPreservation Officer City of Aspen 970-920-5096 ec: David Hoefer, Assistant City Attotney Julie Aim Woods. Community-Development Director 130 SOUTH GALENA STREET Â· ASPEN, COLORADO 81611-1Â·975 PHONE 970.920.5090 FAx 970.920.5439 Printed on Recycled Paper 470 -92% - 5 +35 4 0/n C_2 - - N 0 1 LE . 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C LÂ«Ga 4 9Â·no-r\ 6-1 i) oÂ«ed 1433 <7'A CU><-CA 2 1 -rJuivt 32,0 w - 64 a.Â©4 6 r : aÂ·t,pon , (_-004Â» 04.) 9 I L-1 1 .. 111-11111111 lili 1 -lilli 111111 lilli Page: 2 of 4 471904 09/05/2002 09:11A SILVIA DAVIS PITKIN COUNTY CO R 21.00 D 0.00 Section 1 Pursuant to Sections 26.480.030(A)(2) and (4), Section 26.470.070(C), and Section 26.415.010(D) of the Municipal Code, and subject to those conditions of approval as specified herein, the City Council finds as follows in regard to the subdivision exemption: 1. The applicant's submission is complete and sufficient to afford review and evaluation for approval; and 2, The subdivision exemption is consistent with the purposes of subdivision as outlined in Section 26.480 of the Municipal Code, which purposes include: assist in the orderly and efficient development of the City; ensure the proper distribution of development; encourage the well-planned subdivision of land by establishing standards for the design of a subdivision; improve land records and survey monuments by establishing standards for surveys and plats; coordinate the construction of public facilities with the need for public facilities; safeguard the interests of the public and the subdivider and provide consumer protection for the purchaser; acquire and ensure the maintenance of public open spaces and parks, provide procedures so that development encourages the preservation of important and unique natural or scenic features, including but not limited to mature trees or indigenous vegetation, bluff, hillsides, or similar geologic features, or edges of rivers and other bodies of water, and, promote the health, safety and general welfare o f the residents of the City of Aspen. Section 2 Pursuant to the findings set forth in Section 1, above, the City Council does hereby grant an Historic Landmark Lot Split subdivision exemption for 320 W. Main Street with the following conditions: 1. The HPC has approved a 500 square foot FAR bonus, for the purpose of allowing the existing structures to remain in place. The bonus is ndt being awarded to allow any expansion on the property. This condition shall be noted on the plat. 2. In order to qualify for the bonus, the applicant must meet "City of Aspen Historic , Preservation Design Guideline 2.2." A plan for repair and repainting of the mil-Elisha house must be submitted to HPC staff by July 31, 2002, and the ,ork must be completed by December 31,2002. The-Qity-will require a financit :curity be posted by the applicant to ensure that this conditionlimiL - 3. The HPC has waived any o f the required parking that cannot be contained on the site in the form of legal sized spaces. This condition shall be noted on the plat. 4. The HPC has granted a 3 foot sideyard setback variance along the east side of the Smith-Elisha House. As a condition of the variance, which was partially justified by the owner's desire to have the two new lots share an existing sidewalk, it was ~71904 ' ' '11 1 1- ilil _- m - 1 - Illi m Ilill im 1 1 ~ge 3 of 4 09/05/2002 09:11A SILLIA [ VIS PITKH CC-ITY CO R 21.00 0 0.00 determined that as long as the historic carriage house remains the only structure on the east half of Lot O and all of Lot P, Block 44, City and Townsite of Aspen, said building shall be accessed from the street via the shared sidewalk which runs down the east side of the adjacent Smith- Elisha house. No new sidewalk can be created from Main Street to the carriage house unless approved by the HPC. This condition shall be noted on the plat. 5. A subdivision plat and subdivision exemption agreement shall be reviewed and approved by the Community Development Department and recorded in the office of the Pitkin County Clerk and Recorder within one hundred eighty (180) days of final approval by City Council. Failure to record the plat and subdivision exemption agreement within the specified time limit shall render the plat invalid and reconsideration of the plat by City Council will be required for a showing of good cause. As a minimum, the subdivision plat shall: a. Meet the requirements of Section 26.480 of the Aspen.Municipal Code; b. Contain a plat note stating that the lots contained therein shall be prohibited from further subdivision and any development of the lots will comply with the applicable provisions of the Land Use Code in effect at the time of application; c. Contain a plat note stating that all new development on the lots will conform to the dimensional requirements of the Office zone district, except the variances approved by the HPC. 4. The FAR on the two lots created by this lot split shall be based on the use of the buildings. At this time the Smith-Elisha house is intended to be a residence and the carriage house is mixed-use. The maximum FAR for each lot may be affected (i.e., slopes, access easements, etc.). The by applicable lot area reductions applicant shall verify with the City Zoning Officer the total allowable FAR on each lot, taking into account any and all applicable lot area reductions. The property shall be subdivided into two parcels, Lots A and B, each 4,500 square feet in size. This condition shall be noted on the plat. 5. The site is located on Main Street, where pedestrian improvements are an important goal. The applicant must verify that the existing sidewalk, curb, and gutter in front of the property meet the requirements of the City Engineering Department, or rectify any inadequacies prior.to filing the plat. 6. Part of the historic significance of this property lies in the fact that this is a significant residence with a large carriage house on the site. These two structures are strongly associated architecturally and establish a strong historic context on the site. The HPC will review any future development on the property, however, as a condition of approval of this lot split, a fence shall not be allowed to be constructed between the two newly create lots, which would separate them visually from each other. This shall be noted on the plat. Section 3 This Ordinance shall not have any effect on existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of 4/19W4 - 4111111111111111 lili Ill'1111 lilil l ~ge: 4 of 4 9/5/05/2002 09:11A SILVIA DAVIS PITKiN CC.N Y LO R 21.00 D 0.00 the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4 If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any 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 5 A public hearing on the Ordinance was held on the 24th day of June, 2002, in the City Council Chambers, Aspen City Hall, Aspen Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on the 13th day of May, 2002 <<ef39Zzx //yAL Q .-- - / C 11' 9 Â£ ATTEST?%.9~ IBE 1 19=a1 Hdlen kaliâ‚¬ Klj,fekud, Mayor /8* ' 1 12 ' -... 44 1 4- D r ., .kathryn S. 4, City Clerk 41 ALLY, adopted, passed and approved this 24th day of.~;p~,2002. ]6le;; KO}gj~140~rud, Mayor ~ ' o F 4 ,r~'4\ f O ATTEST:4* 92; r,tou f(*ky *- Aec 9* *athryn S. 1%06, City Clerk Approved as to form: ~ 1,6,1.e=G John f worcester City Attorney =R;h\%\ ./ 111?11 lil i 11111111 lili 111111111111 PagJ||M of 4 I . 47*04 09/05/2002 09:11A S.LVIA DAVIS PI-KIN COUNTY CO R 21.00 D 0.00 ORDINANCE NO. 14 (Series of 2002) AN ORDINANCE OF THE ASPEN CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, TO GRANT APPROVAL FOR A SUBDIVISION EXEMPTION FOR AN HISTORIC LANDMARK LOT SPLIT AT 320 W. MAIN STREET, LOTS N, O, AND P, BLOCK 44, CITY AND TOWNSITE OF ASPEN PARCEL ID#: 2735-124-41-005 WHEREAS, pursuant to Sections 26.480.030(A)(2) and (4), Section 26.470.070(C),and Section 26.415.010(D) of the Municipal Code, a Historic Landmark Lot Split is a subdivision exemption subject to review and approval by City Council after obtaining a recommendation from the Historic Preservation Commission (hereinafter HPC); and WHEREAS, the applicants, Scott and Mary Caroline McDonald, owners of 320 W. Main Street, Lots N, O, and P, Block 44, City and Townsite of Aspen, have requested approval to split a 9,000 square foot parcel into two lots of 4,500 square feet each; and WHEREAS, the Community Development Department has reviewed the application and recommends approval of the Historic Landmark Lot Split; and WHEREAS, the HPC reviewed the request for the historic lot split at a properly noticed public hearing on May 8,2002, and reviewed a setback variance request at a public hearing on June 12,2002, and recommended approval; and WHEREAS, the Aspen City Council has reviewed and considered the subdivision exemption under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered those recommendations made by the Community Development Department, and the Historic Preservation Commission, and has taken and considered public comment at a public hearing; and WHEREAS, the City Council finds that the Historic Landmark Lot Split meets or exceeds all applicable development standards of the above referenced Municipal Code sections; and WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the public health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: .. November 18, 2002 Scott and Caroline McDonald 300 West Main Street Aspen, Colorado 81611 - THE CrrY op ASPEN RE: 320 West Main Street Tree Permit Scott and Caroline: I am sending you this letter in response to a request that you made at a recent meeting referencing your property at 320 West Main Street. At this meeting, attended by multiple City o f Aspen staff and yourselves, discussion included the recent denial o f a Tree Removal Permit Application submitted on November 4,2002. This application included a request for removal of one (1) large Colorado blue spruce in the front portion of the above-mentioned property. After extensive review, City of Aspen staff detennined that there were other strategies that could be employed to address concerns with the tree rather than removal at this time. You specifically requested an expanded set of comments about these specific strategies that go above and beyond the items included in the Tree Removal Permit Application. In order to maintain and even slightly reduce the current height of this particular tree, a specific trimming regime named "Drop-Crotch Trimming" could easily be employed. The premise behind this national trimming standard is to reduce the vertical and horizontal branch load, while maintaining an active and healthy tree canopy. Branches and limbs are selected and removed with specific size guidelines from the external and internal portions of the tree in order to reduce the limb load and vertical and horizontal expansion. Viable "leaders" or growth regions are left on the tree so the overall normal appearance of the tree is left intact, yet growth potential and expansion is significantly reduced. This would assist you with your concerns about the gradual loss of solar radiation that provides melting of snow upon the structures roof. Horizontal growth is also easily addressed with this trimming regime. A spruce tree actually lends itself to this trimming regime in terms ofhorizontal growth due to the numerous regions of lateral branching structures. This strategy has been used successfully on hundreds of trees within the City of Aspen. The City of Aspen has very specific trimming guidelines within the municipal code, however, there is flexibility in limited situations. Staff is willing to allow some trimming o f this tree that may be unorthodox in normal situations, yet beneficial in this case. For example, it may be possible to limb portions of this tree away from windows or structures in this particular case when used in concert with the trimming regime outlined above. 130 SouTH GALENA STREET ASPEN, CO!.ORADO 81611-1975 PHONE 970.920.5000 Â· FAx 970.920.5197 www. aspengov.com Printed on Recycled Paper .. Page 2 320 West Main Street'~~t THE CITY OF ASPEN Please find included with this letter copies of Ordinance 34, Series o f 1995 and Chapter 13.20, Tree Removal Permits, of the Aspen Municipal Code. At our recent meeting you had some questions about these two specific items and how they were interrelated. Chapter 13.20 of the Aspen Municipal Code is the codification of Ordinance 34. The language in both of these items is nearly identical. I have included background information about the trimming regimes mentioned within this letter and look forward to the opportunity to answer any questions you may have. Please let me know if you would like to schedule another site visit to the property to revisit any items. Sincerely, Stephen Ellsperman, Deputy Parks Director CC: John Worcester, City Attorney CC: Amy Guthrie, Historic Preservation Officer - 130 SOUTH GALENA STREET ASPEN, COLORADO 81611-1975 Â· PHONE 970.920.5000 - FAx 970.920.5197 www. aspengov.com Printed on Recycled Paper .. A 25 October 2002 ASPEN Â· PITKIN COMMUNITY DEVELOPMENT DEPARTMENT Scott and Caroline McDonald 300 W. Main Street - Aspen. CO 81611 - Re: Historic Landmark Lot Split Plat that has been submitted for 320 W. Main Street Dear Scott and Caroline, A review of the plat submitted for 320 W Main Street is underway and comments will be returned to you and your surveyor regarding any corrections that need to me made. Please note that we are not authorized to sign the plat while any outstanding conditions of approval remain. Of particular concern is condition #2 0 f Ordinance #14.'Series of 2002, which requires the repair and repainting of the exterior of the Smith-Elisha House to be completed by December 31,2002, With winter approaching, we are concerned that this has not yet been addressed. I f the painting is not completed by the deadline, the approval for a lot split will be considered null and void. There is a requirement within the ordinance that the plat be signed within 180.days of Council's appraval, which is December 24,- 2002, so that is in fact the final date by which the work on the house must be completed. Please call me with any questions. SinÂ¢62ly. p ; i ~ 19+Lt Amy Gi~tie~ HistoricIPreservation Officer City of Aspen 970-920-5096 ce: David Hoefer. Assistant City Attotney Julie Ann Woods, Community-Development Director 130 SOLTH GALENA STREET ASPEN, COLORADO 81611-1Â·975 PHONE 970.920.5090 Â· FAx 970.920.5439 Printed on Recycled Paper 1 b..<:-0 .tai 1 70 - 929 - % 7- 42 8.44 wn Co NO 14 . SkÂ«10 1 20021 30#J) al IO 14= c?3 3,3 -ID (1 - 1 i- 00â‚¬- PAA -(4- Fnfain oÂ» 61 repadvking~~ as -pen c JU~ 4 * PR lit %67/0 91.~ JZ,~1)a.Al CA/j i .01.,-Q-,o ' ~,v-t (1 ilAC>~ .,2 6/'n Q _Coi- 40â‚¬ <im \41\ 2-4 94,2 lf-tute ' ,( ~7~ an cbhovj -6 C jlipain o,nct Eâ‚¬{)clunl-Â·dn j *pcliA : . luag,ick a.*1 4%* cd,Â¢ 9,-po isk umz>d <RujUA C-Q w liP .,4 %03 VJ Ulat tueled (c\/ uned j 0/liA \>â‚¬ 9/914 003 uk '1-til evq .a Locole'uwd *iM 1 nur (le d. (Jljl) atbdtv quadic (,45 i 3*\ 00 - 4 \Plilp t,pcicÂ«Qj (042 lt-ZMâ‚¬ AÂ¥ Suâ‚¬,1 9.lu~ 14) lutuyu gAD RECEIVED ( Oculp <*GO 1-0 4.tj)-cu~n ~ la-palll cladiI l) *fo w i Jkth , JIM. 2 9 2002 Eâ‚¬444 Of 0.-u fle-â‚¬ aul,ed o.Â«d p<ylecle N PITKIN COUNTY BUILDING DEPARTMENT (06 61 Â»U* CRO L CIR pattY FainY \1; 4& 1, Ce,Yr () ciI,~blg U-J Ll.6 i L..Cltlâ‚¬(Wn. r -pai~d- -lt 2 0,6~m.ke LL) dj 1>* d un e 61 a lp~~31-f ~~ '3) 4 2,Â£jo 2. 0172 01Â«un B oL.u 63 < ' dÂ© S j5 ' ~ o,u ol.0 un < o.tuuÂ¢ lent. . lt) 5 . M c ~~ on c.-0 ci co o.~ . Ae â‚¬4 -4. r A 1,5,In.xe {1.54*L~ ' < otal CA ka<> 4.1(-i/n EC-/ OIIj 4 0-4<U oc'vA a 0-ch <5 /04Â£J-- CeÂ©Le-â‚¬Â»-1 4 <%-co-\1 AR 24 ctedj 14 33 en Â«-.2- cl --.G.n'Â»t ~-EJuivt 32,0 W - M attk S k /906 -â‚¬4,70 . (14ad-0 liLli .. ORDINANCE NO. _~_~ (Series of 2002) AN ORDINANCE OF THE ASPEN CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, TO GRANT APPROVAL FOR A SUBDIVISION EXEMPTION FOR AN HISTORIC LANDMARK LOT SPLIT AT 320 W. MAIN STREET, LOTS N, O, AND P, BLOCK 44, CITY AND TOWNSITE OF ASPEN PARCEL ID#: 2735-124-41-005 WHEREAS, pursuant to Sections 26.480.030(A)(2) and (4), Section 26.470.070(C), and Section 26.415.010(D) of the Municipal Code, a Historic Landmark Lot Split is a subdivision exemption subject to review and approval by City Council after obtaining a recommendation from the Historic Preservation Commission (hereinafter HPC); and WHEREAS, the applicants, Scott and Mary Caroline McDonald, owners of 320 W. Main Street, Lots N, O, and P, Block 44, City and Townsite of Aspen, have requested approval to split a 9,000 square foot parcel into two lots of4,500 square feet each; and WHEREAS, the Community Development Department has reviewed the application and recommends approval of the Historic Landmark Lot Split; and WHEREAS, the HPC reviewed the request for the historic lot split at a properly noticed public hearing on May 8,2002 and recommended approval; and WHEREAS, the Aspen City Council has reviewed and considered the subdivision exemption under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered those recommendations made by the Community Development Department, and the Historic Preservation Commission, and has taken and considered public comment at a public hearing; and WHEREAS, the City Council finds that the Historic Landmark Lot Split meets or exceeds all applicable development standards of the above referenced Municipal Code sections; and WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the 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 Sections 26.480.030(A)(2) and (4), Section 26.470.070(C), and Section 26.415.010(D) of the Municipal Code, and subject to those conditions of approval as specified herein, the City Council finds as follows in regard to the subdivision exemption: 1. The applicant's submission is complete and sufficient to afford review and evaluation for approval; and 2. The subdivision exemption is consistent with the purposes of subdivision as outlined in Section 26.480 of the Municipal Code, which purposes include: assist in the orderly and efficient development of the City; ensure the proper distribution of development; encourage the well-planned subdivision of land by establishing standards for the design of a subdivision; improve land records and survey monuments by establishing standards for surveys and plats; coordinate the construction of public facilities with the need for public facilities; safeguard the interests of the public and the subdivider and provide consumer protection for the purchaser; acquire and ensure the maintenance of public open spaces and parks, provide procedures so that development encourages the preservation of important and unique natural or scenic features, including but not limited to mature trees or indigenous vegetation, bluff, hillsides, or similar geologic features, or edges of rivers and other bodies of water, and, promote the health, safety and general welfare of the residents o f the City of Aspen. Section 2 Pursuant to the findings set forth in Section 1, above, the City Council does hereby grant an Historic Landmark Lot Split subdivision exemption for 320 W. Main Street with the following conditions: 1. The HPC must approve a 500 square foot FAR bonus, for the purpose of allowing the existing structures to remain in place prior to Council's second reading of an ordinance approving the lot split. 2. In order to qualify for the bonus, the applicant must meet "City of Aspen Historic Preservation Design Guideline 2.2." A plan for repair and repainting of the Smith-Elisha house must be submitted to HPC staff by June 30,2002, and the work must be completed by December 31,2002. The City will require a financial security be posted by the applicant to ensure that this condition is met. 3. A subdivision plat and subdivision exemption agreement shall be reviewed and approved by the Community Development Department and recorded in the office of the Pitkin County Clerk and Recorder within one hundred eighty (180) days of final approval by City Council. Failure to record the plat and subdivision exemption agreement within the specified time limit shall render the plat invalid .. and reconsideration of the plat by City Council will be required for a showing of good cause. As a minimum, the subdivision plat shall: a. Meet the requirements of Section 26.480 ofthe Aspen Municipal Code; b. Contain a plat note stating that the lots contained therein shall be prohibited from further subdivision and any development of the lots will comply with the applicable provisions of the Land Use Code in effect at the time of application; c. Contain a plat note stating that all new development on the lots will conform to the dimensional requirements of the Office zone district, except the variances approved by the HPC. 4. The FAR on the two lots created by this lot split shall be based on the use of the buildings. At this time the Smith-Elisha house is intended to be a residence and the carriage house is mixed-use. The maximum FAR for each lot may be affected by applicable lot area reductions (i.e., slopes, access easements, etc.). The applicant shall verify with the City Zoning Officer the total allowable FAR on each lot, taking into account any and all applicable lot area reductions. The property shall be subdivided into two parcels, Lots A and B, each 4,500 square feet in size. 5. The site is located on Main Street, where pedestrian improvements are an important goal. The applicant must verify that the existing sidewalk, curb, and gutter in front of the property meet the requirements of the City Engineering Department, or rectify any inadequacies prior to filing the plat. 6. Part of the historic significance of this property lies in the fact that this is a significant residence with a large carriage house on the site. These two structures are strongly associated architecturally and establish a strong historic context on the site. The HPC will review any future development on the property, however, as a condition of approval of this lot split, a fence shall not be allowed to be constructed between the two newly create lots, which would separate them visually from each other. Section 3 This Ordinance shall not have any effect on 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 4 If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any 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 5 A public hearing on the Ordinance was held on the // day of June, 2002, in the City Council Chambers, Aspen City Hall, Aspen Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on the 13th day of May, 2002. ATTEST: Kathryn S. Koch, City Clerk FINALLY, adopted, passed and approved this day of June, 2002. Helen Kalin Klanderud, Mayor ATTEST: Kathryn S. Koch, City Clerk Approved as to form: John P. Worcester City Attorney .. RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION APPROVING AN APPLICATION FOR A SETBACK VARIANCE FOR THE PROPERTY LOCATED AT 320 W. MAIN STREET, LOTS N, O, AND P, BLOCK 44, CITY AND TOWNSITE OF ASPEN, COLORADO RESOLUTION NO. 21, SERIES OF 2002 Parcel ID #: 2735-124-41-005 WHEREAS, the applicants, Scott and Mary Caroline McDonald have made an application for a Historic Landmark Lot Split for the property located at 320 W. Main Street, Lots N, O, and P, Block 44, City and Townsite of Aspen, Colorado; and WHEREAS, the lot split as proposed requires a 3 foot east sideyard setback variance for the property which contains the historic Smith-Elisha house. In order to grant a setback variance the Historic Preservation Commission (HPC) must find that the result is similar to the pattern, features and character of the historic property or district; and/or enhances or mitigates an adverse impact to the historic significance or architectural character of the historic property, an adjoining designated historic property or historic district; and WHEREAS, Amy Guthrie, in her staff report dated June 12, 2002 performed an analysis of the application based on the standards and recommended approval; and WHEREAS, at a regular meeting held on June 12, 2002 the Historic Preservation Commission considered the application, found the application to meet the standards and approved the application by a vote of 6 to 0. THEREFORE, BE IT RESOLVED: That the HPC approves a 3 foot east sideyard setback variance at 320 W. Main Street, Lots N, O, and P, Block 44, City and Townsite of Aspen, Colorado, finding that the review criteria are met and that the variance results in a lot split which is similar to the pattern of historic properties in the district and mitigates adverse impacts to the historic significance and architectural character of the property by providing a shared sidewalk and by providing on-site parking in an appropriate location. The following condition shall added as a note on the plat for the Historic Landmark Lot Split: 1. As long as the historic carriage house remains the only structure on the east hal f o f Lot O and all of Lot P, Block 44, City and Townsite of Aspen, said building shall be accessed from the street via a shared sidewalk which runs down the east side of the adjacent Smith- Elisha house. No new sidewalk can be created from Main Street to the carriage house. APPROVED BY THE COMMISSION at its regular meeting on the 12th day of June, 2002. .. Approved as to Form: David Hoefer, Assistant City Attorney Approved as to Content: HISTORIC PRESERVATION COMMISSION Suzannah Reid, Chair ATTEST: Kathy Strickland, Chief Deputy Clerk .. MEMORANDUM TO: Mayor Klanderud and City Council THRU: Julie Ann Woods, Community Development Director Joyce Ohlson, Deputy Planning Director FROM: Amy Guthrie, Historic Preservation Officer RE: 320 W. Main Street- Historic Landmark Lot Split, Second Reading of Ordinance No. 14, Series of 2002 DATE: June 24,2002 SUMMARY: The applicant requests Council approval to subdivide a 9,000 square foot historic property into two 4,500 square foot parcels. Each new lot will contain a historic structure; the Smith-Elisha house on the west parcel and the associated carriage house on the east parcel. The historic landmark lot split is a preservation benefit that has recently been added to the Office Zone District, where the property is located. APPLICANT: Scott and Mary Caroline McDonald, owners. PARCEL ID: 2735-124-41-005 ADDRESS: 320 W. Main Street, Lots N, O, and P, Block 44, City and Townsite of Aspen, Colorado. ZONING: O (Office). CURRENT LAND USE: Main house- residential, Carriage house- apartment and office space. HISTORIC LANDMARK LOT SPLIT In order to complete a Historic Landmark Lot Split, the applicant shall meet the following requirements of Aspen Land Use Code: Section 26.480.030(A)(2) and (4), Section 26.470.070(C), and Section 26.415.010(D.) 26.480.030(A)(21 SUBDIVISION EXEMPTIONS, 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: 1 4-i .. 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; and Staff Finding: The property is part of the historic townsite and has not been previously subdivided. 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 26.100.040(A)(1)(c). Staff Finding: This proposal will create two lots, each of which will exceed the 3,000 square foot minimum set for Historic Landmark Lot Splits. No redevelopment is planned at this time, so there are no employee generation impacts to mitigate. Additionally, Council has recently adopted new benefits for historic properties, pursuant to Section 26.420, which states that affordable housing mitigation will not be required for historic properties. 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 26.100.040(C)(1)(a); and Staff Finding: The land has not been subdivided previously. 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 o#ice 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 26.100. Staff Finding: The subdivision plat is a condition of approval. It must be reviewed by the Community Development Department for approval and recordation within 180 days of final land use action. e) Recordation. The subdivision exemption agreement and plat shall be recorded in the o#ice of the Pitkin County clerk and recorder. Failure on the part of the applicant to record the plat within one hundred eighty (180) 2 .. 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 subdivision exemption agreement and plat are a condition of approval. D 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 dwelling units will be demolished as part of this proposal. g) Maximum potential buildout 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: No additional development is proposed at this time. The structures on these parcels can each be either residential or commercial in use. Because the lot is being subdivided into parcels that are smaller than 6,000 square feet each, there will not be an opportunity to create any more residential units based on the existing code language. 26.480.030(A)(41, SUBDIVISION EXEMPTIONS. HISTORIC LANDMARK LOT SPLIT The split of a lot that is listed on the Aspen Inventory of Historic Landmark Sites and Structures for the development of one new single-family dwelling may receive a subdivision exemption if it meets the following standards: a. The original parcel shall be a minimum of six thousand (6,000) square feet in size and be located in the R-6, R-15, R-15A, RMF, or O zone district. Staff Finding: The subject parcel is 9,000 square feet and is located in the "O," Office Zone District. b. The total FAR for both residences shall be established by the size of the parcel and the zone district where the property is located. The total FAR for each lot shall be noted on the Subdivision Exemption Plat. In the Office zone district, the following shall apply to the calculation of maximum floor area for lots created through the historic landmark lot split. Note that the total FAR shall not be stated on the Subdivision Exemption Plat because the floor area will be affected by the use established on the property: 3 .. If all buildings on what was the fathering parcel remain wholly residential in use, the maximum floor area will be as stated in the R-6 zone district. If any portion of a building on a lot created by the historic landmark lot split is in commercial/office use, then the allowed floor area for that lot shall be the floor area allowed for all uses other than residential in the zone district. If the adjacent parcel created by the lot split remains wholly in residential use, then the floor area on that parcel shall be limited to the maximum allowed on a lot of its size for residential use according to the R-6 standards. If there is commercial/office use on both newly created lots, the maximum floor area for all uses other than residential in the zone district will be applied. Staff Finding: The maximum floor area in this zone district is determined by the uses on the property. Residential uses are restricted to the same FAR that is allowed in the neighboring R-6 (West End) zone district. Properties which contain any space which is non-residential in use are allowed a greater amount of FAR. The applicant intends for the Smith-Elisha house to be a residence, and for the carriage house to remain mixed-use. In choosing how to subdivide the lot, the owners must bear in mind that they cannot place either existing structure on a lot that is too small to allow a building of it's size, thereby creating a non-conformity with the dimensional requirements of the zone district. In the case of the main house, which contains 3306 square feet of FAR, it cannot be on a lot smaller than 6,500 square feet if it is to be residential in use. This causes a problem because the remaining lot area (with the carriage house on it) would be only 2,500 square feet, which does not meet the minimum lot size. There are two ways to resolve the issue. The first alternative is that the applicant could put the main house into commercial use, whereby they could split the lot as they prefer into two equal parcels of 4,500 square feet, with an allowed FAR of 3,375 square feet each. The second alternative is that they could keep the main house in residential use, split the property into two 4,500 square foot lots, and request a 500 square foot FAR bonus from HPC to cover their overage on the Smith-Elisha house. The applicants have chosen the latter course and the HPC granted approval for the bonus as part of their recommendation that Council approve the lot split. The bonus request will have no visual effect in this case because it will merely accommodate the size of the existing house, will not allow for it to be expanded, and does not add up to more FAR than the applicant already has a right to on the existing parcel if there were no lot split. With the bonus, the main house will be allowed 3,306 square feet of FAR, and the carriage house lot a maximum of 3,375 square feet of FAR, for a total of 6,681 sq. ft. of FAR. The existing parcel today is considered mixed-use and would be allowed a maximum of 6,750 square feet of FAR. HPC reviewed the FAR bonus request according to the standards provided in the Municipal Code. One o f the requirements is that the proj ect meet all relevant portions o f the "City of Aspen Historic Preservation Design Guidelines." There is one area in which 4 .. staff feels there is a conflict with the design guidelines, and that is in the fact that HPC has expressed concerns in the past with deterioration of the exterior wood surfaces on the main house as a result of roof drainage issues. The guideline in question is: Protect wood features from deterioration. Provide proper drainage and ventilation to minimize rot. Maintain protective coatings to retard drying and ultraviolet damage. Staff and HPC believe that this issue is important to the preservation of the structure, must be addressed in a timely manner, and should be included as a condition of the approval of the FAR bonus. As a result, language to this effect is included in the recommendation to Council. c. The proposed development meets all dimensional requirements of the underlying zone district. The variances provided in Section 26.415.120(B)(1)(a),(b), and (c) are only permitted on the parcels that will contain a historic structure. The FAR bonus will be applied to the maximum FAR allowed on the original parcel. Staff Finding: In this case, both new parcels will contain historic structures and are eligible for variances. The variances that have been approved by HPC (subject to Council approving the lot split) are a 500 square foot bonus, a waiver of any required on-site parking spaces that cannot physically be accommodated due to the existing locations of the historic structures, and a 3 foot setback variance along the east side of the Smith- Elisha house. 26.470.070(C), GMQS EXEMPTION, HISTORIC LANDMARK LOT SPLIT The construction of each new single-family dwelling on a lot created through review and approval of an Historic Landmark Lot Split shall be exempt from the scoring and competition procedures. The exemption is to be approved by the Community Development Director, but is not to be deducted from the respective annual development allotments or from the development ceilings. Staff Finding: There are no new single family residences being created by this project, therefore this standard is not relevant to the project. 26.415.010(D), HISTORIC LANDMARK LOT SPLIT A Historic Landmark Lot Split is a two step review, requiring a public hearing before HPC and before City Council. Staff Finding: HPC has held a hearing on this project and Council is holding a public hearing on June 24,2002, at Second Reading of this Ordinance. 5 0 0 M JUR . 0 RECOMMENDATION: Staff and HPC recommend that Council approve the request for a Historic Landmark Lot Split at 320 W. Main Street, Lots N, O, and P, Block 44, City and Townsite of Aspen, Colorado, into two lots of 4,500 square feet each, with the following conditions: 1. The HPC has approved a 500 square foot FAR bonus, for the purpose of allowing the existing structures to remain in place. The bonus is not being awarded to allow any expansion on the property. This condition shall be noted on the plat. ~~~) In order to qualify for the bonus, the applicant must meet "City of Aspen Histonc-4 Preservation Design Guideline 2.2." A plan for repair and repain-the x._) U lf 3 1/ ~P u' 0 01/1 ~ ulÂ© \+Smith-Elisha house must be submitted to HPC staff by June 30,Â·-2502, and the 22021/ work must be completed by December 31, 2002. The City will require a financial Cllbl~ 3 2'0)~l<Lsecurity be posted by the applicant to ensure that this condition is met. 64 The HPC has waived any of the required parking that cannot be contained on the site in the form of legal sized spaces. This condition shall be noted on the plat. l 0 164 7.2 The HPC has granted a 3 foot sideyard setback variance along the east side of the Smith-Elisha House. As a condition of the variance, which was partially justified by the owner's desire to have the two new lots share an existing sidewalk, it was determined that as long as the historic carriage house remains the only structure on the east half of Lot O and all of Lot P, Block 44, City and Townsite of Aspen, said building shall be accessed from the street via the shared sidewalk which runs uu~%10 0 9 down the east side of the adjacent Smith- Elisha house. No new sidewalk can be \ --7 created from Main Street to the carriage house. This condition shall be noted on the plat. Er 9670 5. A subdivision plat and subdivision exemption agreement shall be reviewed and approved by the Community Development Department and recorded in the office of the Pitkin County Clerk and Recorder within one hundred eighty (180) days of final approval by City Council. Failure to record the plat and subdivision exemption agreement within the specified time limit shall render the plat invalid and reconsideration of the plat by City Council will be required for a showing of good cause. As a minimum, the subdivision plat shall: a. Meet the requirements of Section 26.480 of the Aspen Municipal Code; b. Contain a plat note stating that the lots contained therein shall be prohibited from further subdivision and any development of the lots will comply with the applicable provisions of the Land Use Code in effect at the time of application; c. Contain a plat note stating that all new development on the lots will conform to the dimensional requirements of the Office zone district, except the variances approved by the HPC. 4. The FAR on the two lots created by this lot split shall be based on the use of the buildings. At this time the Smith-Elisha house is intended to be a residence and the carriage house is mixed-use. The maximum FAR for each lot may be affected by applicable lot area reductions (i.e., slopes, access easements, etc.). The applicant shall verify with the City Zoning Officer the total allowable FAR on 6 .. each lot, taking into account any and all applicable lot area reductions. The property shall be subdivided into two parcels, Lots A and B, each 4,500 square feet in size. This condition shall be noted on the plat. 5. The site is located on Main Street, where pedestrian improvements are an important goal. The applicant must verify that the existing sidewalk, curb, and gutter in front of the property meet the requirements of the City Engineering Department, or rectify any inadequacies prior to filing the plat. ~ Part of the historic significance of this property lies in the fact that this is a significant residence with a large carriage house on the site. These two structures are strongly associated architecturally and establish a strong historic context on the site. The HPC will review any future development on the property, however, as a condition of approval of this lot split, a fence shall not be allowed to be constructed between the two newly create lots, which would separate them visually from each other. This shall be noted on the plat. RECOMMENDED MOTION "I move to adopt Ordinance #14, Series of 2002, for a Historic Landmark Lot Split at 320 W. Main Street, Lots N, O, and P, Block 44, City and Townsite of Aspen, Colorado." CITY MANAGER COMMENTS: Exhibits: Ordinance #14, Series of 2002 A. Staff memo dated June 24,2002 B. Site plan D/home/amyg/cases/lotsplit/320wmlotsplitcouncilmemo.doc 7 .. ORDINANCE NO. 14 (Series of 2002) AN ORDINANCE OF THE ASPEN CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, TO GRANT APPROVAL FOR A SUBDIVISION EXEMPTION FOR AN HISTORIC LANDMARK LOT SPLIT AT 320 W. MAIN STREET, LOTS N, O, AND P, BLOCK 44, CITY AND TOWNSITE OF ASPEN PARCEL ID#: 2735-124-41-005 WHEREAS, pursuant to Sections 26.480.030(A)(2) and (4), Section 26.470.070(C), and Section 26.415.010(D) of the Municipal Code, a Historic Landmark Lot Split is a subdivision exemption subject to review and approval by City Council after obtaining a recommendation from the Historic Preservation Commission (hereinafter HPC); and WHEREAS, the applicants, Scott and Mary Caroline McDonald, owners of 320 W. Main Street, Lots N, O, and P, Block 44, City and Townsite of Aspen, have requested approval to split a 9,000 square foot parcel into two lots of 4,500 square feet each; and WHEREAS, the Community Development Department has reviewed the application and recommends approval of the Historic Landmark Lot Split; and WHEREAS, the HPC reviewed the request for the historic lot split at a properly noticed public hearing on May 8, 2002, and reviewed a setback variance request at a public hearing on June 12,2002, and recommended approval; and WHEREAS, the Aspen City Council has reviewed and considered the subdivision exemption under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered those recommendations made by the Community Development Department, and the Historic Preservation Commission, and has taken and considered public comment at a public hearing; and WHEREAS, the City Council finds that the Historic Landmark Lot Split meets or exceeds all applicable development standards of the above referenced Municipal Code sections; and WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the 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 Sections 26.480.030(A)(2) and (4), Section 26.470.070(C), and Section 26.415.010(D) of the Municipal Code, and subject to those conditions of approval as specified herein, the City Council finds as follows in regard to the subdivision exemption: 1. The applicant's submission is complete and sufficient to afford review and evaluation for approval; and 2. The subdivision exemption is consistent with the purposes of subdivision as outlined in Section 26.480 of the Municipal Code, which purposes include: assist in the orderly and efficient development of the City; ensure the proper distribution of development; encourage the well-planned subdivision of land by establishing standards for the design of a subdivision; improve land records and survey monuments by establishing standards for surveys and plats; coordinate the construction of public facilities with the need for public facilities; safeguard the interests of the public and the subdivider and provide consumer protection for the purchaser; acquire and ensure the maintenance of public open spaces and parks, provide procedures so that development encourages the preservation of important and unique natural or scenic features, including but not limited to mature trees or indigenous vegetation, bluff, hillsides, or similar geologic features, or edges of rivers and other bodies of water, and, promote the health, safety and general welfare of the residents of the City of Aspen. Section 2 Pursuant to the findings set forth in Section 1, above, the City Council does hereby grant an Historic Landmark Lot Split subdivision exemption for 320 W. Main Street with the following conditions: 1. The HPC has approved a 500 square foot FAR bonus, for the purpose of allowing the existing structures to remain in place. The bonus is not being awarded to allow any expansion on the property. This condition shall be noted on the plat. 2. In order to qualify for the bonus, the applicant must meet "City of Aspen Historic Preservation Design Guideline 2.2." A plan for repair and repainting of the Smith-Elisha house must be submitted to HPC staff by June 30,2002, and the work must be completed by December 31,2002. The City willrequire a financial security be posted by the applicant to ensure that this condition is met. 3. The HPC has waived any of the required parking that cannot be contained on the site in the form of legal sized spaces. This condition shall be noted on the plat. 4. The HPC has granted a 3 foot sideyard setback variance along the east side of the Smith-Elisha House. As a condition of the variance, which was partially justified by the owner's desire to have the two new lots share an existing sidewalk, it was .. determined that as long as the historic carriage house remains the only structure on the east half of Lot O and all of Lot P, Block 44, City and Townsite of Aspen, said building shall be accessed from the street via the shared sidewalk which runs down the east side of the adjacent Smith- Elisha house. No new sidewalk can be created from Main Street to the carriage house. This condition shall be noted on the plat. 5. A subdivision plat and subdivision exemption agreement shall be reviewed and approved by the Community Development Department and recorded in the office of the Pitkin County Clerk and Recorder within one hundred eighty (180) days of final approval by City Council. Failure to record the plat and subdivision exemption agreement within the specified time limit shall render the plat invalid and reconsideration of the plat by City Council will be required for a showing of good cause. As a minimum, the subdivision plat shall: a. Meet the requirements of Section 26.480 ofthe Aspen Municipal Code; b. Contain a plat note stating that the lots contained therein shall be prohibited from further subdivision and any development of the lots will comply with the applicable provisions of the Land Use Code in effect at the time of application; c. Contain a plat note stating that all new development on the lots will conform to the dimensional requirements of the Office zone district, except the variances approved by the HPC. 4. The FAR on the two lots created by this lot split shall be based on the use of the buildings. At this time the Smith-Elisha house is intended to be a residence and the carriage house is mixed-use. The maximum FAR for each lot may be affected by applicable lot area reductions (i.e., slopes, access easements, etc.). The applicant shall verify with the City Zoning Officer the total allowable FAR on each lot, taking into account any and all applicable lot area reductions. The property shall be subdivided into two parcels, Lots A and B, each 4,500 square feet in size. This condition shall be noted on the plat. 5. The site is located on Main Street, where pedestrian improvements are an important goal. The applicant must verify that the existing sidewalk, curb, and gutter in front o f the property meet the requirements of the City Engineering Department, or recti fy any inadequacies prior to filing the plat. 6. Part of the historic significance of this property lies in the fact that this is a significant residence with a large carriage house on the site. These two structures are strongly associated architecturally and establish a strong historic context on the site. The HPC will review any future development on the property, however, as a condition of approval of this lot split, a fence shall not be allowed to be constructed between the two newly create lots, which would separate them visually from each other. This shall be noted on the plat. Section 3 This Ordinance shall not have any effect on 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 4 If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any 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 5 A public hearing on the Ordinance was held on the 24th day of June, 2002, in the City Council Chambers, Aspen City Hall, Aspen Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on the 13th day ofMay, 2002. ATTEST: Kathryn S. Koch, City Clerk FINALLY, adopted, passed and approved this 24th day of June, 2002. Helen Kalin Klanderud, Mayor ATTEST: Kathryn S. Koch, City Clerk Approved as to form: John P. Worcester City Attorney .. ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 3 Po \-Af, Alot/LA .<5-1, Aspen, CO SCHEDULED PUBLIC HEARING DATE: L.3 i A vue- 2-Lj- 2 CCEYO_ STATE OF COLORADO ) ) SS. County of Pitkin ) I, J a MA â‚¬S L -i in j P (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 maruier: C \ Publication ofnotice: 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 ofnotice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproo f materials, which 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 i Prior to the public hearing and was continuously visible from the day of ,~ CD 1 , 200 , to and including the date and time o f the public % ft hearing. A photograph of the posted notice (sign) is attached hereto. â€¢ 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-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 o f 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 ofa general revision o f this Title, or whenever the text o f 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 othenvise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing o f names and addresses of owners of real property in the area ofthe 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 pior to the public hearing on such amendments. CL.~u_*Uid.f- ~~fgnature The foregoing "Affidavit ofNotice" was acknowledged before me this day of ho, - , 200.Aby -32~-5 2--1 7~Et' WITNESS MY HAND AND OFFICIAL SEAL PUBLIC NOnCE ~- ---1 /Â· RE: 320 W. MAIN STREET- -14 H15TOR1C LANDMARK LOT SPLIT NOTICE IS HEREBY GIVEN that a public hearing My commission expires: 56-3 /.DEDD =5 will be held on Monday, June 24,2002 at a meet- Ing to begin al 5:00 p.m. before the Aspen City Council, City Council Chambers. City Hall, 130 S. Gakena St., Aspen, to consider an application sub- ~ mitted by W Scott and Mary Caroline McDonald requesting approval o{ a historic landmark lot , Notary Public ~~~4K split of the property located at 320 W Main St., | which is described as Lots N-P, Block 44, City and Townsite of Aspen. , For further informauon, contact Amy Guthrie at Hal the Aspen/ Pitkin Community Development De- 1 partment, 130 S. Galena St. Aspen, CO (970) 920- rd i OP<TES )0021 5096, amyg@ci::,*4â€¢co.us. s/Helen Killi~;~aind~ri~d(~any~~ 1[/ Published 'in The Aspen Times on June 8,2002. i r)3 U.Ng# Â· &~678 (8827)- - ATTACHMENTS: '4%42Â£90, COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE. OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL 01311 6) . MEMORANDUM TO: Aspen Historic Preservation Commission THRU: Joyce Ohlson, Deputy Planning DirectoN,rv FROM: Amy Guthrie, Historic Preservation Officer RE: 320 W. Main Street- Setback variance, Public Hearing DATE: June 12, 2002 SUMMARY: HPC recently recommended approval of a Historic Landmark Lot Split on this parcel, which is now being considered by City Council. It was mentioned at the May 8, 2002 HPC hearing that a sideyard setback variance would be needed due to the proximity of the new lotline to the east wall of the Smith-Elisha house and that public notice would have to be provided. The variance has been noticed and HPC is asked to grant a 3 foot variance. For your information, the final version of the HPC resolution (pending the signature of the Chair) with regard to the lot split is attached. APPLICANT: Scott and Mary Caroline McDonald, owners. PARCEL ID: 2735-124-41-005. ADDRESS: 320 W. Main Street, Lots N, O, and P, Block 44, City and Townsite of Aspen, Colorado. ZONING: O (Office). / SETBACK VARIANCE The proposed lot split divides the fathering parcel equally into two 4,500 square foot lots. This means that the new lot line comes within two feet of a bay window on the east side of the Smith-Elisha house and that, just in that area, the minimum five foot side yard setback that is required is not provided. In order to approve the variance, HPC must make a finding that it: a. Is similar to the pattern, features and character of the historic property or district; and/or b. Enhances or mitigates an adverse impact to the historic significance or architectural character of the historic property, an adjoining designated historic property or historic district. 1 'Al .. Staff Finding: The location of the proposed new lot line is influenced by a number of things. First, the applicant wishes to run the lot line through an existing sidewalk that is to be shared through a private easement by the house and carriage house. Sharing this sidewalk, rather than running a new one from the street to the carriage house, is something that should be seen as favorable to HPC because it maintains the character of the outbuilding as a secondary structure and avoids cutting a new opening into the historic retaining wall that runs across the front of the site. Second, the applicant needs to provide adequate on-site parking (as much parking as can be accommodated given the existing buildings), and the only location where legal size spaces can be placed on the carriage house lot is along its west side. If the new lot line were to move further east, that area would be infringed on. Third, the Planning Office has taken the position in the past that we do not want to see irregular lot lines created in the original townsite, which was laid out in a grid pattern, so it would not be appropriate to "wiggle" the new lot line around the bay window where the variance is needed. Staff supports the applicant's request for a 3 foot east sideyard setback variance finding that the resulting lots are similar to the pattern created in the original townsite, that it is appropriate for the two properties to share a sidewalk, and that it is important to provide some on-site parking. The Building Department has confirmed that the close proximity of the new lot line this will not trigger any code requirements for fire safety provisions in the Smith-Elisha house given its historic status. RECOMMENDATION: Staff recommends that HPC grant a 3 foot east sideyard setback variance as part of the proposed Historic Landmark Lot Split of 320 W. Main Street, Lots N, O, and P, Block 44, City and Townsite of Aspen, Colorado. A public %--* hearing to make the final decision on the lot split is scheduled before City Council on June 24,2002. The one condition staff recommends be placed on the approval, which shall be added as a note on the plat for the Historic Landmark Lot Split is: 1. As long as the historic carriage house remains the only structure on the east half of Lot O and all o f Lot P, Block 44, City and Townsite of Aspen, said building shall be accessed from the street via a shared sidewalk which runs down the east side o f the adjacent Smith- Elisha house. No new sidewalk call be created from Main Street to the carriage house. RECOMMENDED MOTION: "I move to approve Resolution # ,Series of 2002, for a variance at 320 W. Main Street, Lots N, O, and P, Block 44, City and Townsite of Aspen, Colorado, finding that the review criteria are met." 2 .. Exhibits: Resolution #_, Series o f 2002 A. Staff memo dated June 12, 2002 B. Site plan C. Resolution #19, Series of 2002, recommending approval of the Historic Landmark Lot Split 3 .. RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION APPROVING AN APPLICATION FOR A SETBACK VARIANCE FOR THE PROPERTY LOCATED AT 320 W. MAIN STREET, LOTS N, O, AND P, BLOCK 44, CITY AND TOWNSITE OF ASPEN, COLORADO RESOLUTION NO. , SERIES OF 2002 Parcel ID #: 2735-124-41-005 WHEREAS, the applicants, Scott and Mary Caroline McDonald have made an application for a Historic Landmark Lot Split for the property located at 320 W. Main Street, Lots N, O, and P, Block 44, City and Townsite of Aspen, Colorado; and WHEREAS, the Iot split as proposed requires a 3 foot east sideyard setback variance for the property which contains the historic Smith-Elisha house. In order to grant a setback variance the Historic Preservation Commission (HPC) must find that the result is similar to the pattern, features and character of the historic property or district; and/or enhances or mitigates an adverse impact to the historic significance or architectural character of the historic property, an adjoining designated historic property or historic district; and WHEREAS, Amy Guthrie, in her staff report dated June 12, 2002 performed an analysis o f the application based on the standards and recommended approval; and WHEREAS, at a regular meeting held on June 12, 2002 the Historic Preservation Commission considered the application, found the application to meet the standards and approved the application by a vote of to . THEREFORE, BE IT RESOLVED: That the HPC approves a 3 foot east sideyard setback variance at 320 W. Main Street, Lots N, O, and P, Block 44, City and Townsite of Aspen, Colorado, finding that the - review criteria are met and that the variance results in a lot split which is similar to the pattern of historic properties in the district and mitigates adverse impacts to the historic significance and architectural character of the property by providing a shared sidewalk and by providing on-site parking in an appropriate location. The following condition shall added as a note on the plat for the Historic Landmark Lot Split: 1. As long as the historic carriage house remains the only structure on the east half of Lot O and all of Lot P, Block 44, City and Townsite o f Aspen, said building shall be accessed from the street via a shared sidewalk which runs down the east side of the adjacent Smith- Elisha house. No new sidewalk can be created from Main Street to the carriage house. APPROVED BY THE COMMISSION at its regular meeting on the 12th day of June, 2002. 0 0 â€¢ri-17 MEMORANDUM TO: Mayor Klanderud and City Council THRU: Julie Ann Woods, Community Development Director ~- FROM: Amy Guthrie, Historic Preservation Officer RE: 320 W. Main Street- Historic Landmark Lot Split, First Reading of Ordinance No. 13, Series of 2002 DATE: May 13, 2002 SUMMARY: The applicant requests Council approval to subdivide a 9,000 square foot historic property into two 4,500 square foot parcels. Each parcel would contain a historic structure; the Smith-Elisha house on the west parcel and the associated carriage house on the east parcel. The historic landmark lot split is a preservation benefit that has recently been added to the Office Zone District, where this parcel is located. APPLICANT: Scott and Mary Caroline McDonald, owners. PARCEL ID: 2735-124-41-005 ADDRESS: 320 W. Main Street, Lots N, O, and P, Block 44, City and Townsite of Aspen, Colorado. ZONING: O (Office). CURRENT LAND USE: Main house- residential, Carriage house- apartment and office space. HISTORIC LANDMARK LOT SPLIT In order to complete a Historic Landmark Lot Split, the applicant shall meet the following requirements of Aspen Land Use Code: Section 26.480.030(A)(2) and (4), Section 26.470.070(C), and Section 26.415.010(D.) 26.480.030(A)(21 SUBDIVISION EXEMPTIONS. 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: 1 .. 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; and Staff Finding: The property is part of the historic townsite and has not been previously subdivided. 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 26.100.040(A)(1)(c). Staff Finding: This proposal will create two lots, each of which will exceed the 3,000 square foot minimum set for Historic Landmark Lot Splits. No redevelopment is planned at this time, so there are no employee generation impacts to mitigate. Additionally, Council has recently adopted new benefits for historic properties, pursuant to Section 26.420, which states that affordable housing mitigation will not be required for historic properties. 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 26.100.040(C)(1)Ca); and Staff Finding: The land has not been subdivided previously. 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 o#ice 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 26.100. Staff Finding: The subdivision plat is a condition of approval. It must be reviewed by the Community Development Department for approval and recordation within 180 days of final land use action. e) Recordation. The subdivision exemption agreement and plat shall be recorded in the o#ice 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 2 .. reconsideration of the plat by the City Council will be required for a showing Of good cause. Staff Finding: The subdivision exemption agreement and plat are a condition of approval. D In the case where an existing single-famity dwelling occupies a site which is eligible for a lot split, the dwelling need not be demolished prior to application for alot split. Staff Finding: No dwelling units will be demolished as part of this proposal. g) Maximum potential buildout for tile 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: No additional development is proposed at this time. The structures on these parcels can each be either residential or commercial in use. Because the lot is being subdivided into parcels that are smaller than 6,000 square feet each, there will not be an opportunity to create any more residential units based on the existing code language. 26.480.030(A)(4), SUBDIVISION EXEMPTIONS. HISTORIC LANDMARK LOT SPLIT The split of a lot that is listed on the Aspen Inventory of Historic Landmark Sites and Structures for the development of one new single-family dwelling may receive a subdivision exemption if it meets the following standards: a. The original parcel shall be a minimum of six thousand (6,000) square feet in size and be located in the R-6, R-15, R-15A, RMF, or O zone district. Staff Finding: The subject parcel is 9,000 square feet and is located in the "O," Office Zone District. b. The total FAR for both residences shall be established by the size of the parcel and the zone district where the property is located. The total FAR for each lot shall be noted on the Subdivision Exemption Plat. In the Office zone district, the following shall apply to the calculation of maximum floor area for lots created through the historic landmark lot split. Note that the total FAR shall not be stated on the Subdivision Exemption Plat because the floor area will be affected by the use established on the property: If all buildings on what was the fathering parcel remain wholly residential in use, the maximum floor area will be as stated in the R-6 zone district. 3 .. If any portion of a building on a lot created by the historic landmark lot split is in commercial/office use, then the allowed foor area for that lot shall be the floor area allowed for all uses other than residential in the zone district. If the adjacent parcel created by the lot split remains wholly in residential use, then the floor area on that parcel shall be limited to the maximum allowed on a lot of its size for residential use according to the R-6 standards. If there is commercial/office use on both newly created lots, the maximum floor area for all uses other than residential in the zone district will be applied. Staff Finding: The maximum floor area in this zone district is determined by the uses on the property. Residential uses are restricted to the same FAR that is allowed in the neighboring R-6 (West End) zone district. Properties which contain any space which is non-residential in use are allowed a greater amount of FAR. The applicant intends for the Smith-Elisha house to be a residence, and for the carriage house to remain mixed-use. In choosing how to subdivide the lot, the owners must bear in mind that they cannot place either existing structure on a lot that is too small to allow a building of it's size, thereby creating a non-conformity with the dimensional requirements of the zone district. In the case of the main house, which is 3306 square feet, it cannot be on a lot smaller than 6,500 square feet if it is to be residential in use. This causes a problem because the remaining lot area (with the carriage house on it) would be only 2,500 square feet, which does not meet the minimum size. There are two ways to resolve the issue. The first alternative is that the applicant could put the main house into commercial use, whereby they could split the lot as they prefer into two equal parcels of 4,500 square feet, with an allowed FAR of 3,375 square feet each. The second alternative is that they could keep the main house in residential use, split the property into two 4,500 square foot lots, and request a 500 square foot FAR bonus from HPC to cover their overage on the Smith-Elisha house. The applicants have chosen the latter course. Their request for a bonus will have no effect from an HPC point of view because it will merely accommodate the size of the existing structure, will not allow for it to be expanded, and does not add up to more FAR than the applicant already has a right to on the existing parcel if there were no lot split. With the bonus, the main house will be allowed 3,306 square feet of FAR, and the carriage house lot a maximum of 3,375 square feet ofFAR, a total of 6,681 sq. ft. of FAR. The existing parcel today is considered mixed-use and would be allowed a maximum of 6,750 square feet of FAR. HPC is reviewing the bonus request according to the standards provided in the Ordinance. One of the requirements is that the project meet all relevant portions of the "City of Aspen Historic Preservation Design Guidelines." There is one area in which staff feels there is a conflict with the design guidelines, and that is in fact that HPC has expressed concerns in the past with deterioration of the exterior wood surfaces on the main house as a result of roof drainage issues. The guideline in question is: 4 .. 2.2 Protect wood features from deterioration. o Provide proper drainage and ventilation to minimize rot. o Maintain protective coatings to retard drying and ultraviolet damage. Staff believes that this issue is important to the preservation of the structure, must be addressed in a timely manner, and should be included as a condition of the approval of the FAR bonus. As a result, language to this effect is included in the recommendation to Council. c. The proposed development meets all dimensional requirements of the underlying zone district. The variances provided in Section 26.415.120(B)(1)(a),(b), and (c) are only permitted on the parcels that will contain a historic structure. The FAR bonus will be applied to the maximum FAR allowed on the original parcel. Staff Finding: In this case, both new parcels will contain historic structures and are eligible for variances. The variances that are being reviewed by HPC are: a 500 square foot bonus and a waiver of some of the required on-site parking spaces. (Note that both buildings currently encroach into the required setbacks, but variances do not need to be awarded because they are considered legal non-conformities.) It appears that there is a need for one new setback variance along the east side of the main house, created as a result of the location of the proposed new lot line. HPC will review that variance at a public hearing prior to Council's second reading of this ordinance. 26.470.070(C), GMQS ExEMPTION, HISTORIC LANDMARK LOT SPLIT The construction of each new single-family dwelling on a lot created through review and approval of an Historic Landmark Lot Split shall be exempt from the scoring and competition procedures. The exemption is to be approved by the Community Development Director, but is not to be deducted from the respective annual development allotments or from the development ceilings. Staff Finding: There are no new single family residences being created by this project, therefore this standard is not relevant to the project. 26.415.010(D), HISTORIC LANDMARK LOT SPLIT A Historic Landmark Lot Split is a two step review, requiring a public hearing before HPC and before City Council. Staff Finding: HPC has held a hearing on this project and Council will hold a hearing at Second Reading of this Ordinance. 5 .. RECOMMENDATION: Staff and HPC recommend that Council approve the request for a Historic Landmark Lot Split at 320 W. Main Street, Lots N, O, and P, Block 44, City and Townsite of Aspen, Colorado, into two lots of 4,500 square feet each, with the following conditions: 1. The HPC must approve a 500 square foot FAR bonus, for the purpose of allowing the existing structures to remain in place prior to Council's second reading of an ordinance approving the lot split. 2. In order to qualify for the bonus, the applicant must meet "City of Aspen Historic Preservation Design Guideline 2.2." A plan for repair and repainting of the Smith-Elisha house must be submitted to HPC staff by June 30,2002, and the work must be completed by December 31, 2002. The City will require a financial security be posted by the applicant to ensure that this condition is met. 3. A subdivision plat and subdivision exemption agreement shall be reviewed and approved by the Community Development Department and recorded in the office of the Pitkin County Clerk and Recorder within one hundred eighty (180) days of final approval by City Council. Failure to record the plat and subdivision exemption agreement within the specified time limit shall render the plat invalid and reconsideration of the plat by City Council will be required for a showing of good cause. As a minimum, the subdivision plat shall: a. Meet the requirements of Section 26.480 ofthe Aspen Municipal Code; b. Contain a plat note stating that the lots contained therein shall be prohibited from further subdivision and any development of the lots will comply with the applicable provisions of the Land Use Code in effect at the time of application; c. Contain a plat note stating that all new development on the lots will conform to the dimensional requirements of the Office zone district, except the variances approved by the HPC. 4. The FAR on the two lots created by this lot split shall be based on the use of the buildings. At this time the Smith-Elisha house is intended to be a residence and the carriage house is mixed-use. The maximum FAR for each lot may be affected by applicable lot area reductions (i.e., slopes, access easements, etc.). The applicant shall veri6 with the City Zoning Officer the total allowable FAR on each lot, taking into account any and all applicable lot area reductions. The property shall be subdivided into two parcels, Lots A and B, each 4,500 square feet in size. 5. The site is located on Main Street, where pedestrian improvements are an important goal. The applicant must verify that the existing sidewalk, curb, and gutter in front of the property meet the requirements of the City Engineering Department, or rectify any inadequacies prior to filing the plat. 6. Part of the historic significance of this property lies in the fact that this is a significant residence with a large carriage house on the site. These two structures are strongly associated architecturally and establish a strong historic context on the site. The HPC will review any future development on the property, however, as a condition of approval of this lot split, a fence shall not be allowed to be 6 .. constructed between the two newly create lots, which would separate them visually from each other. RECOMMENDED MOTION "I move to approve Ordinance #t~,Series of 2002, for a Historic Landmark Lot Split at 320 W. Main Street, Lots N, O, and P, Block 44, City and Townsite of Aspen, Colorado on First Reading." CITY MANAGER COMMENTS: Exhibits: Ordinance #~( Series of 2002 A. Staffmemo dated May 8,2002 B. Application D/home/amyg/cases/lotsplit/320wmlotsplitcouncilmemo.doc 7 0 ZZA) ' MEMORANDUM TO: Aspen Historic Preservation Commission THRU: Julie Ann Woods, Community Development Director Joyce Ohlson, Deputy Planning DirectorJAe FROM: Amy Guthrie, Historic Preservation Officer RE: 320 W. Main Street- Historic Landmark Lot Split and Variances, Public Hearing DATE: May 8,2002 SUMMARY: The applicant requests that HPC recommend Council approval to subdivide a 9,000 square foot historic property into two 4,500 square foot parcels. Each parcel would contain a historic structure; the Smith-Elisha house on the west parcel and the carriage house on the east parcel. The historic landmark lot split is a preservation benefit that has recently been added to the Office Zone District, where this parcel is located. APPLICANT: Scott and Mary Caroline McDonald, owners. PARCEL ID: 2735-124-41-005 ADDRESS: 320 W. Main Street, Lots N, O, and P, Block 44, City and Townsite of Aspen, Colorado. ZONING: O (Office). HISTORIC LANDMARK LOT SPLIT In order to complete a Historic Landmark Lot Split, the applicant shall meet the following requirements of Aspen Land Use Code: Section 26.480.030(A)(2) and (4), Section 26.470.070(C), and Section 26.415.010(D.) 26.480.030(A)(2), SUBDIVISION EXEMPTIONS, 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: 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 1 P47 .. 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; and Staff Finding: The property is part of the historic townsite and has not been previously subdivided. 10 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 26.100.040(A)(1)(c). Staff Finding: This proposal will create two lots, each of which will exceed the 3,000 square foot minimum set for Historic Landmark Lot Splits. No redevelopment is planned at this time, so there are no employee generation impacts to mitigate. Additionally, Council has recently adopted new benefits for historic properties, pursuant to Section 26.420, which states that affordable housing mitigation will not be required for historic properties. 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 26.100.040(C)(1)(a); and Staff Finding: The land has not been subdivided previously. 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 ojfice 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 26.100. Staff Finding: The subdivision plat shall be a condition of approval. It must be reviewed by the Community Development Department for approval and recordation within 180 days of final land use action. e) Recordation. 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. 2 P48 Staff Finding: The subdivision exemption agreement shall be a condition of approval. D 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 dwelling units will be demolished as part of this proposal. g) Maximum potential buildout 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: No additional development is proposed at this time. The structures on these parcels can each be either residential or commercial in use. Because the lot is being subdivided into parcels that are smaller than 6,000 square feet each, there will not be an opportunity to create any more residential units based on the existing code language. 26.480.030(A)(4), SUBDIVISION EXEMPTIONS, HISTORIC LANDMARK LOT SPLIT The split of a lot that is listed on the Aspen Inventory of Historic Landmark Sites and Structures for the development of one new single-family dwelling may receive a subdivision exemption if it meets the following standards: a. The original parcel shall be a minimum of six thousand (6,000) square feet in size and be located in the R-6, R-15, R-15A, RMF, or O zone district. Staff Finding: The subject parcel is 9,000 square feet and is located in the Office Zone District. b. The total FAR for both residences shall be established by the size of the parcel and the zone district where the property is located. The total FAR for each lot shall be noted on the Subdivision Exemption Plat. In the Office zone district, the following shall apply to the calculation of maximum noor area for lots created through the historic landmark lot split. Note that the total FAR shall not be stated on the Subdivision Exemption Plat because the noor area will be affected by the use established on the property: If all buildings on what was the fathering parcel remain wholly residential in use, the maximum floor area will be as stated in the R-6 zone district. 3 P49 .. If any portion of a building on a lot created by the historic landmark lot split is in commercial/office use, then the allowed floor area for that lot shall be the noor area allowed for all uses other than residential in the zone district. If the adjacent parcel created by the lot split remains wholly in residential use, then the noor area on that parcel shall be limited to the maximum allowed on a lot of its size for residential use according to the R-6 standards. If there is commercial/office use on both newly created lots, the maximum floor area for ali uses other than residential in the zone district will be applied. Staff Finding: The maximum floor area for properties in this zone district is determined by the uses on the property. Residential uses are restricted to the same FAR that is allowed in the neighboring R-6 (West End) Zone District. Mixed-Use or Commercial structures are allowed a greater amount of FAR. The applicant intends for the Smith-Elisha house to be in residential use, and for the carriage house to remain mixed-use. In choosing how to subdivide the lot, the owners must bear in mind that they cannot place either existing structure on a lot that is too small to allow a building of it's size. In the case of the main house, which is 3306 square feet, it cannot be on a lot smaller than 6,500 square feet if it is to be residential in use. This causes a problem because the remaining lot (with the carriage house on it) would be only 2,500 square feet, which does not meet the minimum size. There are two ways to resolve the problem. The first alternative is that the applicant could put the main house into commercial use, whereby they could split the lot as they prefer into two equal parcels of 4,500 square feet, with an allowed FAR of 3,375 square feet each. The second alternative is that they could keep the main house in residential use, split the property into two 4,500 square foot lots, and request a 500 square foot FAR bonus from HPC to cover their overage on the Smith-Elisha house. The applicants have chosen the latter course. Their request for a bonus will have no effect from an HPC point o f view because it will merely accommodate the size of the existing structure, will not allow for it to be expanded, and does not add up to more FAR than the applicant already has a right to as a commercial property. With the bonus, the main house will be allowed 3,306 square feet, the carriage house lot a maximum of 3,375 square feet, which totals 70 square feet less than the fathering parcel is allowed today because the whole thing is considered mixed-use. (9,000 square feet x .75, which is the FAR currently allowed on this mixed use site equals 6,750 square feet.) Staff recommends that HPC allow the split into two 4,500 square foot parcels and award the bonus, as further explained under the next criterion. It should be noted that there is no guarantee that the maximum FAR could be achieved on this property and meet the "City of Aspen Historic Preservation Design Guidelines." There would undoubtedly be historic preservation concerns with any future proposal which involved placing a new structure in front of the historic carriage house. 4 P50 .. c. The proposed development meets all dimensional requirements of the underlying zone district. The variances provided in Section 26.415.120(B)(1)(a),(b), and (c) are only permitted on the parcels that will contains a historic structure. The FAR bonus will be applied to the maximum FAR allowed on the original parcel. Staff Finding: In this case, both new parcels will contain historic structures and are eligible for variances. The variances requested are: a 500 square foot bonus and a waiver of some of the required on-site parking spaces. (Note that both buildings currently encroach into the required setbacks, but variances do not need to be awarded because they are considered grandfathered.) The criteria for an FAR bonus are as follows, per Section 26.415.110.C: Floor Area Bonus 1. In selected circumstances the HPC may grant up to five hundred (500) additional square feet of allowable floor area for projects involving designated historic properties. To be considered for the bonus, it must be demonstrated that: a. The design ofthe project meets all applicable design guidelines; and b. The historic building is the key element of the property and the addition is incorporated in a manner that maintains the visual integrity of the historic building and/or c. The work restores the existing portion of the building to its historic appearance; and/or d. The new construction is reflective of the proportional patterns found in the historic building's form, materials or openings; and/or e. The construction materials are of the highest quality; and/or f. An appropriate transition defines the old and new portions of the building; and/or g. The project retains a historic outbuilding; and/or h. Notable historic site and landscape features are retained. 2. Granting of additional allowable floor area is not a matter of right but is contingent upon the sole discretion of the HPC and the Commission's assessments of the merits of the proposed project and its ability to demonstrate exemplary historic preservation practices. Projects that demonstrate multiple elements described above will have a greater likelihood of being awarded additional floor area. 3. The decision to grant a Floor Area Bonus for Major Development projects will occur as part of the approval of a Conceptual Development Plan, pursuant to Section 26.415.070(D). No development application that includes a request for a Floor Area Bonus may be submitted until after the applicant has met with the HPC in a work session to discuss how the proposal might meet the bonus considerations. 5 P51 .. Staff Finding: This case is somewhat unique in that the bonus is being requested only to retain the status quo. The bonus does not allow for any new construction. The criteria for the bonus state that all of the design guidelines must be met. The only area in which staff feels there is any conflict with the design guidelines is in the fact that HPC has expressed some concerns in the past with deterioration of the exterior wood surfaces on the main house. The guideline in question is: Protect wood features from deterioration. Provide proper drainage and ventilation to minimize rot. Maintain protective coatings to retard drying and ultraviolet damage. Staff believes that this issue is important to the preservation of the structure, must be addressed in a timely manner, and should be included as a condition of the approval of the FAR bonus. The other criteria which can be met for the bonus are "B," the property contains two significant historic buildings which are maintained as the key features of the site, "G" an outbuilding is preserved and "H," there is historic landscape present in front of the Smith- Elisha house, including a retaining wall, sidewalk, and planting materials, that have been retained and contribute to the character of the site. With regard to the language in the review criteria that says an FAR bonus is awarded as part of a conceptual review, that is not relevant to this project since no expansion is planned now. Staff also doees not feel that the worksession requirement is valid in this case because there are no construction plans that HPC would wish to weigh in on. The criteria for a Parking variance, per Section 26.415.110.C of the Municipal Code are as follows: Parking reductions are permitted for designated historic properties on sites unable to contain the number of on-site parking spaces required by the underlying zoning. Commercial designated historic properties may receive waivers of payment-in-lieu fees for parking reductions. 1. The parking reduction and waiver of payment-in-liue fees may be approved upon a finding by the HPC that it will enhance or mitigate an adverse impact on the historic significance or architectural character of a designated historic property, an adjoining designated property or a historic district. 6 P52 0 [Jt Staff Finding: The Smith-Elisha house, which will be a residence, is required to provide 2 legally sized (8'6" x 18') parking spaces offof the alley, within the boundaries of the new 4,500 square foot lot. It appears that this will be possible, but must be verified by the applicant at the hearing. If both spaces cannot be accommodated, HPC may consider a variance. The carriage house, which is mixed-use, is required to provide parking at a rate of 3 spaces per thousand square feet of net leasable space. There is approximately 420 square feet of net leasable space in the carriage house now, which requires 1.26 spaces. There is an apartment that necessitates one parking space. It appears that one space can be accommodated on the new 4,500 square foot lot (along the west side of the carriage house) and the other 1.26 spaces would need to be waived. The applicant must confirm these figures at the hearing. Staff supports the parking variances because they legalize an existing condition. The property has not had the adequate number of on-site parking spaces for many years, particularly when the Smith-Elisha House was in commercial use. There is no way to provide more parking on the property now because of the size and position of the existing buildings. The applicant must create the maximum number of legal spaces possible now, but the balance should be waived by HPC. Staff finds that this standard is met. 26.470.070(Ch GMQS ExEMPTION, HISTORIC LANDMARK LOT SPLIT The construction of each new single-family dwelling on a lot created through review and approval of an Historic Landmark Lot Split shall be exempt from the scoring and competition procedures. The exemption is to be approved by the Community Development Director, but is not to be deducted from the respective annual development allotments or from the development ceilings. Staff Finding: There are no new single family residences being created by this project, therefore this standard is not relevant to the project. 26.415.010(D), HISTORIC LANDMARK LOT SPLIT A Historic Landmark Lot Split is a two step review, requiring a public hearing before HPC and before City Council. Staff Finding: HPC is holding a hearing on this projett and Council will hold a hearing at Second Reading ofthis Ordinance. 7 P53 .. RECOMMENDATION: Staff and HPC recommend that Council approve the request for a Historic Landmark Lot Split at 320 W. Main Street, Lots N, O, and P, Block 44, City and Townsite of Aspen, Colorado, into two lots of 4,500 square feet each, with the following conditions: 1. The HPC hereby approves a 500 square foot FAR bonus, for the purpose of allowing the existing construction to remain in place. The bonus is not being awarded to allow any expansion on the property. 2. In order to qualify for the bonus, the applicant must meet design guideline 2.2. A plan for repair and repainting of the Smith-Elisha house must be submitted to HPC staff by June 30,2002, and the work must be completed by December 31, 2002. 'fl /4 Â·Â·~uâ‚¬Â¢7 3. The HPC hereby waives any of the required parking that cannot be contained on the site in the form of legal sized spaces. I 4. A subdivision plat and subdivision exemption agreement shall be reviewed and approved by the Community Development Department and recorded in the office of the Pitkin County Clerk and Recorder within one hundred eighty (180) days of final approval by City Council. Failure to record the plat and subdivision exemption agreement within the specified time limit shall render the plat invalid and reconsideration of the plat by City Council will be required for a showing of good cause. As a minimum, the subdivision plat shall: a. Meet the requirements of Section 26.480 0 f the Aspen Municipal Code; b. Contain a plat note stating that the lots contained therein shall be prohibited from further subdivision and any development of the lots will comply with the applicable provisions of the Land Use Code in effect at the time o f application; c. Contain a plat note stating that all new development on the lots will conform to the dimensional requirements of the Office zone district, except the variances approved by the HPC. 5. The FAR on the two lots created by this lot split shall be based on the use of the buildings. At this time the Smith-Elisha house is intended to be a residence and the carriage house is mixed-use. The maximum FAR for each lot may be affected by applicable lot area reductions (i.e., slopes, access easements, etc.). The applicant shall verify with the City Zoning Officer the total allowable FAR on each lot, taking into account any and all applicable lot area reductions. The property shall be subdivided into two parcels, Lots A and B, each 4,500 square feet in size. 6. Sidewalk, Curb and Gutter - The site is located on Main Street, where pedestrian improvements are an important goal. The applicant must refer to the City Engineering Department for required Sidewalk, Curb, and Gutter in front of the property. 8 P54 .. RECOMMENDED MOTION "I move to approve Resolution # ,Series of 2002, for a Historic Landmark Lot Split at 320 W. Main Street, Lots N, O, and P, Block 44, City and Townsite of Aspen, Colorado." Exhibits: Resolution #_, Series of 2002 .\4, A. Staff memo dated May 8,2002 n 07 B. Application l}r @ \\3 r Â° 4-y xy\.27 K . . 1 U M llc 2- 1 #hhig ofÂ· 44& Cite 4 4/4 2~ - 02Mv1*be dÂ¢ i ok Ul-# 1 44- 300\AC ~Â·2' ltd- r/ reÂ»t C~ ~ 09 . ,-~4.2, j,&7~ 1-\1 40 v t o v99 (6h "01 t l~t\Ut>j 1\ to.8-5 6 203%14: 09-3,1 6 4b U \ 1 l ~a i ~ ll-1 9/092/ 6 \-- CdÂ»Vlyj.2/ . 9 4 266"\al 04 9.5. P55 il .. RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION APPROVING AN APPLICATION FOR A HISTORIC LANDMARK LOT SPLIT FOR THE PROPERTY LOCATED AT 320 W. MAIN STREET, LOTS N, O, AND P, BLOCK 44, CITY AND TOWNSITE OF ASPEN, COLORADO RESOLUTION NO. , SERIES OF 2002 Parcel ID #: 2735-124-41-005 WHEREAS, the applicants, Scott and Mary Caroline McDonald requested a Historic Landmark Lot Split for the property located at 320 W. Main Street, Lots N, O, and P, Block 44, City and Townsite of Aspen, Colorado; and WHEREAS, in order to complete a Historic Landmark Lot Split, the applicant shall meet the following requirements of Aspen Land Use Code: Section 26.480.030(A)(2) and (4), Section 26.470.070(C), and Section 26.415.010(D.), which are as follows: 26.480.030(A)(2), Subdivision Exemptions, 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 ofthe following conditions are met: 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; and 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 26.100.040(A)(1)(c). 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 26.100.040(C)(1)(a); and 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 26.100. P56 .. e) Recordation. 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. D 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 buildout 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 singledamily home. 26.480.030(A)(4), Subdivision Exemptions, Historic Landmark Lot Split The split of a lot that is listed on the Aspen Inventory of Historic Landmark Sites and Structures for the development of one new single-family dwelling may receive a subdivision exemption if it meets the following standards: a. The original parcel shall be a minimum of six thousand (6,000) square feet in size and be located in the R-6, R-15, R-15A, RMF, or O zone district. b. The total FAR for both residences shall be established by the size of the parcel and the zone district where the property is located. The total FAR for each lot shall be noted on the Subdivision Exemption Plat. In the Office zone district, the following shall apply to the calculation of maximum noor area for lots created through the historic landmark lot split. Note that the total FAR shall not be stated on the Subdivision Exemption Plat because the iloor area will be affected by the use established on the property: If all buildings on what was the fathering parcel remain wholly residential in use, the maximum floor area will be as stated in the R-6 zone district. If any portion of a building on a lot created by the historic landmark lot split is in commercial/office use, then the allowed floor area for that lot shall be the floor area allowed for all uses other than residential in the zone district. If the adjacent parcel created by the lot split remains wholly in residential use, then the noor area on that parcel shall be limited to the maximum allowed on a lot of its size for residential use according to the R-6 standards. If there is commercial/office use on both newly created lots, the maximum noor area for all uses other than residential in the zone district will be applied. P57 .. c. The proposed development meets all dimensional requirements of the underlying zone district. The variances provided in Section 26.415.120(B)(1)(a),(b), and (c) are only permitted on the parcels that will contains a historic structure. The FAR bonus will be applied to the maximum FAR allowed on the original parcel; and WHEREAS, the Historic Preservation Commission has found that the review standards are met in order to grant a 500 square foot FAR. bonus and a waiver of parking spaces that cannot be provided on the site using the following criteria: Section 26.415.110.C, Floor Area Bonus 1. In selected circumstances the HPC may grant up to five hundred (500) additional square feet of allowable floor area for projects involving designated historic properties. To be considered for the bonus, it must be demonstrated that: a. The design of the project meets 811 applicable design guidelines; and b. The historic building is the key element of the property and the addition is incorporated in a manner that maintains the visual integrity of the historic building and/or c. The work restores the existing portion of the building to its historic appearance; and/or d. The new construction is reflective of the proportional patterns found in the historic building's form, materials or openings; and/or e. The construction materials are of the highest quality; and/or f. An appropriate transition defines the old and new portions of the building; and/or g. The project retains a historic outbuilding; and/or h. Notable historic site and landscape features are retained. 2. Granting of additional allowable floor area is not a matter of right but is contingent upon the sole discretion of the HPC and the Commission's assessments of the merits of the proposed project and its ability to demonstrate exemplary historic preservation practices. Projects that demonstrate multiple elements described above will have a greater likelihood of being awarded additional foor area. 3. The decision to grant a Floor Area Bonus for Major Development projects will occur as part of the approval of a Conceptual Development Plan, pursuant to Section 26.415.070(D). No development application that includes a request for a Floor Area Bonus may be submitted until after the applicant has met with the HPC in a work session to discuss how the proposal might meet the bonus considerations. P58 .. Section 26.415.110.C, Parking Variance, Parking reductions are permitted for designated historic properties on sites unable to contain the number of on-site parking spaces required by the underlying zoning. Commercial designated historic properties may receive waivers of payment-in-lieu fees for parking reductions. 1. The parking reduction and waiver of payment-in-liue fees may be approved upon a finding by the HPC that it will enhance or mitigate an adverse impact on the historic significance or architectural character of a designated historic property, an adjoining designated property or a historic district; and WHEREAS, Amy Guthrie, in her staff report dated May 8,2002 performed an analysis of the application based on the standards, and recommended the application be approved with conditions; and WHEREAS, at a regular meeting held on May 8, 2002, the Historic Preservation Commission considered the application, found the application to meet the standards, and approved the application by a vote of_ to _. THEREFORE, BE IT RESOLVED: That the HPC recommends Council approval of a Historic Landmark Lot Split into two 4,500 square foot lots for 320 W. Main Street, Lots N, O, and P, Block 44, City and Townsite of Aspen, Aspen, Colorado, with the following conditions: 1. The HPC hereby approves a 500 square foot FAR bonus, for the purpose of allowing the existing construction to remain in place. The bonus is not being awarded to allow any expansion on the property. 2. In order to qualify for the bonus, the applicant must meet design guideline 2.2. A plan for repair and repainting of the Smith-Elisha house must be submitted to HPC staff by June 30, 2002, and the work must be completed by December 31, 2002. 3. The HPC hereby waives any of the required parking that cannot be contained on the site in the form of legal sized spaces. 4. A subdivision plat and subdivision exemption agreement shall be reviewed and approved by the Community Development Department and recorded in the office of the Pitkin County Clerk and Recorder within one hundred eighty (180) days of final approval by City Council. Failure to record the plat and subdivision exemption agreement within the specified time limit shall render the plat invalid and reconsideration of the plat by City Council will be required for a showing of good cause. As a minimum, the subdivision plat shall: a. Meet the requirements of Section 26.480 of the Aspen Municipal Code; P59 .. b. Contain a plat note stating that the lots contained therein shall be prohibited from further subdivision and any development of the lots will comply with the applicable provisions of the Land Use Code in effect at the time of application; c. Contain a plat note stating that all new development on the lots will conform to the dimensional requirements of the Office zone district, except the variances approved by the HPC. 5. The FAR on the two lots created by this lot split shall be based on the use of the buildings. At this time the Smith-Elisha house is intended to be a residence and the carriage house is mixed-use. The maximum FAR for each lot may be affected by applicable lot area reductions (i.e., slopes, access easements, etc.). The applicant shall verify with the City Zoning Officer the total allowable FAR on each lot, taking into account any and all applicable lot area reductions. The property shall be subdivided into two parcels, Lots A and B, each 4,500 square feet in size. 6. Sidewalk, Curb and Gutter - The site is located on Main Street, where pedestrian improvements are an important goal. The applicant must refer to the City Engineering Department for required Sidewalk, Curb, and Gutter in front of the property. APPROVED BY THE COMMISSION at its regular meeting on the 8th day I of May, 2002. Approved as to Form: David Hoefer, Assistant City Attorney Approved as to Content: HISTORIC PRESERVATION COMMISSION Suzannah Reid, Chair P60 .. ATTEST: Kathy Strickland, Chief Deputy Clerk P61 LAND USE APPLICATION ~ PROJECT: Name: MJE)crold fam,\glzesT / 1,0, 56014 -4 01&4<2-re/lfkhne Location: 32) U.)237 8-0\A ST (Â£) ti~> 14 Dtp 61 ock 4-1- (Indicate street address, lot & block numbel legal description where appropriate) APPLICANT: Name: f,0 ,<bco-# and ktor-k 0,W?o\\416 1.Mcbcnted)(P Address: 62Â© W es-r H a \ 4 61-- ,@5639n , Co TS I to 1 ~ phone#: 970 0\ ai--9,743 - 021-Q '3E- 553-706 - 43:13,6 REPRESENTATIVE: Name: Address: Phone #: TYPE OF APPLICATION: (please check all that apply): Conditional Use El Conceptual PUD j Conceptual Historic Devt Special Review ~ Final PUD (& PUD Amendment) U Final Historic Development , Design Review Appeal O Conceptual SPA ~ Minor Historic Devt GMQS Allotment U Final SPA (& SPA Amendment) U Historic Demolition GMQS Exemption U Subdivision El Historic Designation ESA - 8040 Greenline, Stream U Subdivision Exemption (includes ~ Small Lodge Conversion/ Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane [E] Lot Split U Temporary Use ~ Other: D Lot Line Adjustment U Text/Map Amendment EXISTING CONDITIONS: (description of existing buildings. uses, previous approvals, etc.) 4 JUD Â»c..1 44 lit led.1 4,00 olaincli 40,1 0-4>5\01Â·e nt,,Ial C WÂ·tgza<c a-U - 2 \ L \ .Fill\~1,11,5 ~ Â£94-v~ f Re J a p.6 896(5-7.1 obl' e \ i \/ng ) PROPOSAL: (description of proposed buildings, uses, modifications, etc.) i c)-P <6\ O-1 <1Â£1 c-h *;ED' 4(4 ft ic.-1' (-kj,~ih a peru\,41 80(j IL<z-rnA C a.0 de-4 42 4 ALL) e.Â·lf , -Alj iD-n eaa, 1-â‚¬52 /3,4 .1 t- \20- I )* Have you attached the following? FEES DuE: $ ~ Pre-Application Conference Summary ~ Attachment #1, Signed Fee Agreement El Response to Attachment #2, Dimensional Requirements Form El Response to Attachment #3, Minimum Submission Contents U Response to Attachment #4, Specific Submission Contents ~ Response to Attachment #5, Review Standards for Your Application mmmmmm .. ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development Application Fees CITY OFASPEN (hereinafter CITY) and 14073(sy,A_.0 07{ -fixvÂ»,L-/.1 1 (1;51 (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an application for 3-20 (,0 â‚¬VT' IL/-l a C n St (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000) establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of applicatioh 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 Planning Commission and/or City Council to enable the Planning Commission and/or 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 *termination of application completeness, APPLICANT shall pay an initial deposit in the amount of $ ~ , 20 6 ,or which is for fr. hours of Community Development staff time, and if 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 $205.00 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 APPLICANT By: By:'73't_ CL_~--~~~014 _113 Julie Ann Woods 1/ Community Development Director DateÂ·. 11 646 cl-1 1 2-Â· 2Â» G j Mailing Address: -- -20 (32_ 3 -241 0-1 692-7-~ l*LÂ·1 a 4 6 5 ~- /15(711/1 , Co 9 1 4 11 U i g:\support\forms\agrpayas.doe 87.0 -1235 -6797 1/10/01 26.310.040 Standards of review: applicants response: The proposed amendment would not have any different impact or change to the existing (o zone) conditions e . Aspen/Pitkin community Development Department Minimum Submission Contents 1. From: W. Scott and Mary Caroline McDonald 320 West Main Street, Aspen, Colorado, 81611 970-925-8743 Authorized agent to act on behalf ofthe applicant: Bob Starodoj 514 East Hyman Aspen, Colorado 970-925-7000 2. Property: 320 West Main Street, Lots N, O, and P, Block 44 in the City of Aspen. 3. Attachment: owners, McDonald Family Trust ON.Scott and M. Caroline McDonald) property owned free and clear. Pitkin County Title, Inc. Phone # 970-925-1766 Policy # 128-053602 , RIS # 393917, 360741,723/164 and #360740 723/163 Easement: City of Aspen electric, see Title policy 4. Attatched Vicinity map. 5&6 Survey: no change to site map 7. Proposal: ~ Historic landmark lot splits include the office zone district The Project, 320 West Main Street to split into two 45500 square foot parcels, each with an Historical dwelling. The, permitted accessory dwelling, the carriage house is located at 316 West Main Street, on lot N and the Eastern half ofLot O, block 44. 320 West Main is located on lot P and the Western half of Lot 0. ~HEDULE A-OWNER'S POLICY~ CASE NUMBER DATE OF POLICY AMOUNT OF INSURANCE POLICY NUMBER PCT-7159A December 29, 1992 @ 4:10 PM $1,266,667.00 128-053602 1. NAME OF INSURED: W. SCOTT MCDONALD AND MARY CAROLINE MCDONALD AS TRUSTEES OF THE MCDONALD FAMILY TRUST REVOCABLE TRUST ESTABLISHED DECEMER 24,1992 2. THE ESTATE OR INTEREST IN THE LAND HEREIN AND WHICH IS COVERED BY THIS POLICY IS: IN FEE SIMPLE 3. THE ESTATE OR INTEREST REFERRED TO HEREIN IS AT DATE OF POLICY VESTED IN: W. SCOTT MCDONALD AND MARY CAROLINE MCDONALD AS TRUSTEES OF THE MCDONALD FAMILY TRUST REVOCABLE TRUST ESTABLISHED DECEMER 24,1992 4. THE LAND REFERRED TO IN THIS POLICY IS SITUATED IN THE COUNTY OF PITKIN, STATE OF COLORADO AND IS DESCRIBED AS FOLLOWS: LOTS N, O AND P, BLOCK 44, CITY AND TOWNSITE OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO. PITKIN COUNTY TITLE, INC. 601 E. HOPKINS AVE. ASPEN, COLORADO 81611 (970) 925-1766/ (970)-925-6527 FAX THE POLICY NUMBER SHOWN ON THIS SCHEDULE MUST AGREE WITH THE PREPRINTED NUMBER ON THE COVER SHEET, .. SCHEDULE B-OWNERS CASE NUMBER DATE OF POLICY POLICY NUMBER PCT-7159A December 29,1992 @ 4:10 PM 128-053602 THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE BY REASON OF THE FOLLOWING: 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 furnished, imposed by law and not shown by the public records. 5. Water rights, claims or title to water. 6. Taxes for the year 92 not yet due or payable. 7. Reservations and exceptions as set forth in the Deed from the City of Aspen recorded in Book 59 at Page 129 providing as follows: "That no title shall be hereby acquired to any mine of gold, silver, cinnabar or copper or to any valid mining claim or possession held under existing laws". 8. Terms, conditions, obligations and provisions of Easement Agreement as set forth in instrument recorded December 11, 1986 in Book 524 at Page 964. 9. Any loss or damage resulting from Encroachment of Retaining Walls as shown in Survey prepared and conducted by Aspen and conducted by Aspen Survey Engineers as Job No. 18234, dated March 2, 1990. 10. Deed of Trust from : Alan J. Shada, Jacqueline G. Shada, William J. Shada, Warmland Highlands, A General Partnership To the Public Trustee of the County ofpjtkiTT For the use of: Calumet Federal So>Angs and Loan Association of Chicago To secure :$ 500,000.00 ' yfs =11= 367 34 13 * Dated : March 23,1990 / Recorded : March 30, 1990'in Book 617 at Page 280 Reception No. : 321361 *< 11. Deed of Trust from : W. Scott McDonald and Ma,cy/Caroline McDonald, Trustees of the McDonald Family Trust Revocable Trust Executed December 24, 390' To the Public Trustee of the County of Ritkin For the use of: Edward Goldzimer / To secure : $133,667.00 ' Y~IS 4 *Ly Olti Dated : December 29, 1992 / Recorded . December 29, ),992 in Book 699 at Page 152 0-il Reception No. : 352356 / 0, v// (474 Â¢ (Continued) POLICY NO. 128-053602 CASE NO. PCT-7159A SCHEDULE B-OWNERS --EXCEPTIONS--CONTINUED-- 12. Deed of Trust from : W. Scott McDonald and Mary CaJot=i'MS~~~Donald, Trustees of the McDonald Family Trust Revocable Truste Executed December 24, 1992<,0/ To the Public Trustee of the County of Pitkin ./ For the use of: Alan J. Shada and Jacque<lihe G. Shada, Trustees of the Shada Family Trust Dated March 25, 1991 i To secure : $47,000.00 / v I 14 34?63401 Dated : December 29, 1992 /' Recorded : December 29, 1992 in Book 699 at Page 154 Reception No. 352357 1231 )93 EXCEPTIONS NUMBERED NONE ARE HEREBY OMITTED. #352354 12'Â°Â°/00 045 09 RPC â‚¬91'00 RK 699 PS 147 . - iÂ·in.J,i c~ ' ~ titkirn 'cnt 4- clerÂ· 0. i boc $. 00 Silvia 1., A l .6 Â·-â€¢ It STATE OF COLORADO } } SS AFFIDAVIT COUNTY OF PITKIN } (For Property of Trust) W. SCOTT MCDONALD AND MARY CAROLINE MCDONALD, of lawful age, being first duly sworn, upon oath depose(s) and say(s): 1. Affiant(s) is/are (one of the) trustees of the hereinafter named Trust and as such has/have authority to execute and to record this affidavit. 2. "THE MCDONALD FAMILY TRUST REVOCABLE TRUST ESTABLISHED DECEMBER 24, 1992" is the name of the trust which may acquire, convey, encumber, lease, and otherwise deal with interest in real property in said name. 3. The names and addresses of all the trustees who are represented by such name are: NAME ADDRESS .,-3 6, U=- W. SCOTT MCDONALD reot G O i /(6 1 I MARY CAROLINE MCDONALD ,Â«6./-2>1/~ , (f- 2-; ti I 62 / CLU rl .â€ž +Â·24 4. Any Â·ame (two, three, etee) of the above named trustees or any of the following other persons or entities may convey, encumber, lease or otherwise deal with any interest in property acquired or held in the name of said trust: 5. This affidavit is executed and recorded pursuant to the provisions of Title 38, Article 30, Section 166 of Colorado Reviaed Statutesp-197 3, * amended. in . -r J j , u. OF # r 1 / t- // I // I. I *i/Â»f/92- /2?cuL, " ;# 4 f.,f--- tr~07-1,/,/6 ~ /Lis ./' 1 W. SCOTT' MCDONALD, TRUSTEE / MARYLCAROLINE MCDONALD, TRUSTEE Subscribed and sworn to before me this 29TH day of DECEMBER 1992. Witness my hand and official seal. my corrmission expires: Ja-,1.31 ti Notary ~blic ( 1,1 -1 \ 3 , 11 Joy S. Higens/Notary Public address: My Commissicn expires 4122194 601 East Hopkins Aspen, Colorado 81611 4.7 9-Ad) :m~=0â€¢--- a.'r-~j~liN 0'i - -~17.+1*Mitift 111,1-#11'4Â·0'p.9~ am'.Â·91 _Â»T ~N 1 ~ -13 ' ~-6. . 4 46,42, i' /1**=.=----a---...-/-/..-.I-/*.F--- 9-ASPEN MAR,~ 9,-9â‚¬r L28#~ 1.4.h -1 ~ 1 . 92 3 : I i 1 1 ,#**WI e,Al.j. M dj i i'-- L_,laNiaWEiWik...,.....------------ ..3 -m 0 ;45 2 93 4. 11.-=tuff#"Tr . >A.5, . Â» 1, .634 - al". e... - - 6 Li --4 4 Â·â€¢Â·ME!RefL..Â£, , 1 . -\ 2 69~ -:-2, de' ...#e*.r~= mg .-1 - 0. - - ..6 . / f ....... - , , ' Airport 1 . 2Â§&.3 -- *--2--- -.----,5-4 - - O ;2 - 3 / Floriloge.~- . pâ€¢)1 na- I . ...... 2.1 -- - /9 /9 Â·.brl ..1 3 . i C 8 .i . 1 , .1 ; m u - -- . - 2, 3 il \ 8. 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C C. 11: 11- 1/ ke *O 7 joliaNiA#d ..... 9 7,1,11,4 . 1 1 4., '-- il . . i 1 - . 18 / 1,1 ACh - Hegierin W . 1 Â· c 11 FAr- : -- 9/ 9 Â® i .- 9.--IIi. & 1 - - .it- At - 4 A 193 3 * 91 t. -1 1 - / 1. --1 < //2 7* 4/ 4, /. 5 /. 6, 8.1. CIO ': 4 --1~ - li :d Ae M i; - 4 -ki -' P .9 1 10 -I . E. ' E! -\* 1' : - Meadoâ‚¬.4/ .1/ r , 10 ... 2 . -6 111. ...P.. 1,2-X J * . 4. 1 21% C " 1 ; 19 669?41ld ~. .0/80 '44 - - ~ T~~Bdge Dr , O - $820 /<0 . aÂ·z Â·1, . 1 Gâ‚¬vuk' 02 q + *----~% 45=**p.. ~ 8 .49.122-/ -.08/ ~ ~ ~ :- . ~'- Â·-,44 r c :/* I #i, ' 7474 1 i .b<:.5.Â· 1 #.1>1-36&11 44 + g W . l. - .- %1 1 1:th>bk--49." 1. :' Swmi#jifi W:C f # .%.11~. .4 =, Ct 74Â· 4... 't, 7=111 _Tb-1 - 4-5.. -7 0.40 / b t.9 ' 10: , J.p - ./6 , 1/10 49â€ž51\:for ~ f: , ,-~ ,~-j- ip---,-Tugbrals. r- -, - 1 2 J . -3--1 'ge ..Â·-Z+. Â·3 - ' Â£1@ 1 . . /44: 1, f.1 710.-- 14.4.1- 2 - r.- 2 d Â£ '. .,2 - ty#baa ' 2i . C /, 1 - :31 48 /.1(2, - 1- 3 - Birch Dr Harbellw- - S -'' 1%0* 4-191,111 , rd- Ir 1. - - I. . I . 91\.tlath *--1 j / 1 / 4. 1 --r 11 1 z'" 'faw~6 6 E --f-... 37'rÂ®Â§@A KtÂ° 2 - 1 111 .*vg#-44 .. . -86*4.-/-1, i"Â· 45- , -16,44 1-/.r -1 - - 2 ? A -2..+ .:.. L 9 0 .b Â·-W P l iz-Â·~1'1Â·LAJ B' m 1 1 /.4 4.- Â·Â·. - S 501, 1 1 .IA u-/ 'y-*~/'h.#iw A51 -- /1.3.f~ . 1 --- i'~ .-f - ~2 2 I: : 1M.AELW<.9%0~~ -- - - I - 697416. M .1 -'.e r k W . /9 31* .5 k Â· QUA 61 1 : 3 - L 1 8 3,ght 1 -lp ~ 61â€ž 1 ..3 + r-'*1 04 17 :/.:42 4,# 1 '44 / - ., i : a i - 1, ..,sing,Jt~ ~ ~42.8rd F I )'~2;2\4-3%*S - f~ tq~&- 2 , I J. 4 -1 t.: - ' St P 1/03 4 - .-Lst.LZE} . p . : . 1 4 - ---~>23 .1 1 1 -1.9 - --1 1- 2 0 2 /2Â»4144-f ~ 8_J %3~8 *p Â· 1 /4 Ar. . - '' h /*1 40 Bil M4 4 ' *Ar 7 -9141, n -14**31-."3 ..1. 1.- 404Â·- It*h~a~Dr L Â£1~12521' It k our 08 sce ountai .. PUBLIC NOTICE RE: 320 W. MAIN ST. HISTORIC LANDMARK LOT SPLIT AND VARIANCES NOTICE IS HEREBY GIVEN that a public hearing will be held on Wednesday, May 8,2002 at a meeting to begin at 5:00 p.m. before the Aspen Historic Preservation Commission, Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by W. Scott and Mary Caroline McDonald requesting approval for a Historic Landmark Lot Split including a 500 square foot FAR bonus and a waiver of the parking required for the carriage house. The property is located at 320 W. Main St. and is described as Lots N-P, Block 44, City and Townsite of Aspen. For further information, contact Amy Guthrie at the Aspen/Pitkin Community Development Department, 130 S. Galena St., Aspen, CO (970) 920-5096, amyg@ci.aspen.co.us. s/Suzannah Reid, Chair Aspen Historic Preservation Commission Published in the Aspen Times on April 13 2002 City of Aspen Account . I h P*.,3/. -I./.t.. ' 1. (ZoÂ·54' Al, ee .) IMPROVEMENT SURVEY Y BLOCK 44 OF LOTS N,0 8 P BLOCK 44, CITY 4 6 /G' tu&-Urt. c- 4.Jo Â£001,400,6-41-i=.i Ji-lur(/E.41,2 ME ~ Â· a TOWNSITE OF ASPEN, PITKIN 3~e-424, FAL i.97% 9 1505.-+'2- 60.11- 9 COUNTY, COLORADO. (579'01''i.EÂ·) -f, 16â€¢64/- ~~~-~qÂ£,~11 Fla- 2,5.> 9 1-Ye 0, 1 , 52>.de- i Ig - I* - - 412 178,1/4 61 4,/2 ~ r - - - - J 4 Â£214.2, 44 //ALL. - -----. F,4-2-JA, 24 1 04 4 Â· , --0.6 11 , ? 1 CERTIFICATION 4 1 i X ivr-n t,Yogy / 89/O922d Pal.edÂ·,11 -' U=El - ~Der' Fâ„¢.4,1 L ~. : 1 of TYâ€¢p, sfa,2,14/IlÂ·fli~,11. 1 , 12,4 â€¢Lkl 4-1 DJ -nle_ 6,2.Dude of Â·rue- flop/-77 Le-Adu-3( Pe-*C.CIDEL --- -rve_ ujc='e-*-e,6, JE_-v poee- Ve=e-eY 6-2-Â£1-1 FÂ¥ T-VAT- fult, >dc-Â«Y 445, Ple-Lo 90Â£-,/2.-Ye.Â£7 CPJAJ 2/4 Me-Pre,+152-C 1 L .1 He--Ie=J, 4610 11, c.c,Ble=< 2,4,64, 04 -rue- P; e.t-C~ (AddihounA /:tibl- 164 -rtle-Â£.2- ALE kb 0,5.6.Â¢.e.F'414-i e.9, codeucret *dog:rA,~ id 0 3 i - Evive.Jor- 5,0044 00 709 r.4-T- At, pe>Jk),7, Ad//lf A Le.A, eouJUALY L-â„¢IE- Â£Â»d AL, 6.1-*, Al Â£44-r> OP WATTJ 11- -, ---- *Â» e. I ....Ja- Fle-1.-p a.4, PE,-16-6 02- 1<-â€¢JOWJ -ro ple., e.%4-6-rr Al, 74 RK 1.9 1/ 1- 8 -r'40 qrve>F L _ r--1 WILyl + ' Vtâ€¢91 6,L-2.- Seept/6.Â«AILJJO VAL-vk- 80*C>, MA,JUOL-6-6, 00 u _ ~ - - - - - - Â·. Q-r ter*,Ji JI1 WALL #1Â£48-0.J Â»Howd UJOE.Z.,1,g-odJO U-7-1 L.-ineÂ» WIT-U I|,9 44Â·5, r- t,tÂ£Â·~Â·*0" we:De p,c-*.le. ~.#-. . 1 1 gr c,TAC-C AFF'Ug--re,JAUCEÂ», AJo Pood,16.J-1Â» OP ge='JU 8 ~ e,Jot=11,101/4JI- 9.%11 1, . 10* UNDER (06/5 77?uCTDOX. k Wor 3=,U F'FL, 2-17 1-2 1-48.- 93(-Â¢2-~C>F. 4 1,6 eXCe.rrav, ROL,4,65 47 14 ~~ it' OFF 95F7-~ Off &2 l /O OAÂ·re-O -771,2 Br 4 PAY 0/ #ef,1-WI!564 1165. L,v Â¢ 44 *pACE. :1,1. 1 W,Ajdow f.Â· #:E.Le~'2,44,4 ci Â»16,~-|E-Â·C' 474 1 1.C,# A 1--rid- 4,1,7 .39; -5/1 3 k PA,/C 2. Mc-e,Alpe- g.. L.9.16,11:.9 . L l.sa~g.:*me*a- -Â·.. i# 1 WALM 2-01- 1 45.8' ( 9, 1 f 45.0' . 1 6/ LEGEND 'a NOTES - ' 1 . i â€¢ a..1.10 Q.64 ,.. -1/r.-4Â«,C--LAt' Lt.*- 44â€¢,tow,.1 47 I . o r K=â€¢Fe.,tri cog.Je-Â£. teri- Â£684Â£. W Z ,-L.Â·415â€¢ne-Â£41' Le, %6,1. ! Lt,/IJA;*2 - -1, Af=' m.-4 ~ , ,-FkuPOSED Le-t- SP/,-t-Z;UP rttcs'Â£Â£.3-Y u,2 6- - 7 0#tLAAâ€¢k. imu 15214-Plk-'Â« "22. i<fiA ~ 1.3.8~7Â£,te~< Lots e.1, 45' wida -- - - 2.Ce,F eiv'E-â‚¬-AA.Ja ~ 1 1 ~: ..........1'~2~.CCIr. PAP ~ 35- 3 [ 0376.6-,Je_ * 1% - - - - 1 Â· -PLAqi]Â¢L '1'â‚¬4-E-1,-Al- ././..AYION; , OV'â‚¬-2 Ae-40 011 f ~~.6 "'r_,Â·te- ~ " 4, te - r.ed,-e_ l.42, - -(AREA 19 000 SF ) PRO-RATED:~9,001 SFâ€¢ . i 08047 Pe due. 1-,2 6 K LM LOT N . LOI~ 0 LOT P i QRS Â· I Ne-7- 4,1 *r <AL (UuÂ» 1 4Â£4-- 46,DE-c' F:go,4 1-4-fi- 1951 OF Ac#AL- MAr 0/ Ilte- c.17D 4*f UotleD.PAL- 0 57, 0,2>-r Â· 'C. Fio- PE-4-re.62 9,41-4.Jceeâ€¢ e.enve-zi4-nte. e,W * 5,2. 4-42Â£*. aU - Ft,â€¢Jr. 1Â£'oce_1 22 7 673 CAREE-11 (9Â£' 02'i lec,crt -1-*r> Â·:=:â€¢â€¢w'e< YJâ€¢re' r-ElÂ£._n~ULE' W,' 4 c-Â£,4.11-17,42-2-1' PO, . h - FDJU,7 6'TY .. . ( d 1 S ~ <74 7 1 ''W ~ 270 cr,1, (Z.10. c:49) 7-rrt-t. 14*Ot-*kk-,L *00â€¢1 LAWâ€¢162Â» T-,TUL-1 JAJLAâ€¢JUL â€¢ACk|JME-31- 44Â· Fc,Jar, kid c.,~bÂ«il,J CA*E_ .30 Fc:r-Zbe.b ek,Tls-Dâ€¢ 7/L,0/se CDâ€¢16Â¢-trt +2 214%4 41- Tyf .*re-EJ' LIG,"f ft>,r Likle. O. c J 05> ~ 54*15 op ee_40-1.-16â€¢ Pic.1 -1118- 9./ rt, 1-48- 5,6- C.Â£,endeÂ£* 6â€¢, 5.-Le,4- 41- IA Aty#ur 44Â£ PREPARED BY UPDATED CERTIFICATION.. Aspen Survey Engineers, Inc. MAIN STREE T i. DAVID W. MIBRUDE, HERE.BÂ¥ CERTIFY THAT ON __*_AdABL---22_-_ 210 S. GALENA ST. (leo ' WIPE-) 1980 A VISUAL INSPE[7 ION UPDATE WAS MADE UPON THE PROPERTY HEREIN WiNd DESCRIBED AND 140 CHANGES BIERE FOUND EXCEPT AS HEREON NOTED OR ASPEN, COLORADO 81612 P. 0. BOX 2506 SHOWN. (3031 925-3816 SIGNED THI 9 2'ZOAÂ¥ [1/ _A,A/2(ti-,1980 . 291= 1 DATE JOB NO. 0 5 10 16, to DCALE | '- 10 9/1/tâ‚¬, 162-54 Duvid W. Iici)ri Jo RLS 1 61 79 , 1, 1 4/ , i 0 0.7 - n 3 R D. ST. < d 14-ll// .2.- tel/- '~ . Â»<Ack. 13 Di r ATTACHMENT 2 DIMENSIONAL REQUIREMENTS FORM Applicant: R c.Â©c,acd.4 Â·\-a'(Rch l\,13 (2Â°St Address: _226) W Fâ‚¬:-7 Al o in %-r Zone district: Lot size: 4Â¥90 Existing FAR: 2-942 Allowable FAR: Proposed FAR: _ng, '9 CAACESâ‚¬... Existing net leasable (commercial): --6- Proposed net leasable (commercial); Existing % of site vuverage: 07 21 97 01,lk* RA LA Â·34 lk> 03 dh Porda Proposed % of site coverage: h 6 vr, cub se, 4 Existing% ofopen space: -7352> 001.a bnooe 27~~:1.Â£Â¤-' de 6,4,6096/0 Proposed % of open space: a.aL:lecdcxse- 5 -- 1 - Existing maximum height: Principal bldg: 334 Accesory bldg: 0 4 Proposed max. h, ,>.t: Principal bldg: 5 om.â‚¬. Accessory bldg: 6040 6 Proposed % of demolition: Ac-Â·ne Existing number of bedrooms: 5- 4-0 -G Proposed number of bedrooms: _ne>-0 e. - SO.'VA Â·C- Existing on-site parking spaces: 5 4*00 On-site parking sp 9- es required: 1 Setbacks Existing: Minimum icaoircd: Proposed: Front: _ 27' Front: _ .. Front: Rear: , /2- I L Rear; Rear: Combined , Combined Combined Front/rear: 98 Front'rear: Fronurear: Side: 7' Side: Side: Side: 22 Side: .' .- Side: Combined Combined Combined Sides: 4 ' Bides: Sides: Existing nonconformities or encroachments:.ft.8 9. 056.-0..062 . Variations regue....=J._.2234 e.Â© c57*(31 ch eent- 0 9 60~ LJJ vr\ 8.-~U-~ Â· 7.h h.? 16.1 5-9,1- 4-nct ...ile' 1 11.K-K ,â€ž-. 4 5(,- t - sâ‚¬.i:- 4.+CUInjz,zl_ (HPC has the ability to vary the following requirements: setbacks: distance between buildings, FAR bonus of up to 500 sq.ft., site coverage variance up to 5%, height variations under the cottage infill program, parking waivers for residential uses in the R- 6, R-15, RMF, CC, and O zone districts) ' Review ,Ct<*fJ,rd : ['Loj,-,ct : T,~,~~-it:. eit.li-Â·L t.wr, . iu.i-1 f.Â·â€¢e :simi,1~ 'ts <,f 4-r.O() Â«ach with each ... having a existing single Historical family hume, -1. twc, 1.inequal lots welch with a - - existing Historical single family home from the Â·e.xisting one fee simpl- 9,000 sri ft lot with 2 Histotical building. The existing 9.000 foot Lot is locatecl in the City of Aspen block 44 and is made up of three 3,000sft lots N, O and P. The â‚¬f -3-5 proposal is to create two lots each with an existing home (Historic Elisha Main , House with Lot N and part of West lot O to a total of 49 ft from the West) and The Elisha Carriage House (mixed use) with Lot P and to include part of Lot O East measurement from lot line will be 41 ft. . Located on existing 9,000 ft lots is the Historic Elisha House and Carriage House. There is no application for any developement change or building on either said lots. 302':- The stated project meets the review standards of 26.480.030(A)(2) Variances requested to accomodate existing non-conformities of the Elisha '5#Al :.1 Property: .,4.943:.~.:t'Â·. Main house as exits will have a side yard variance set back of 3 ft from the side yard on the east side, the walk way will have a recorded easement for both . proposed parcels, and a deed recorded no build to insure 10ft space for fire L.Â·u.**Nagi-'.- 'Â· ' access safty. Carriage House exists with East 0 ft set back (recorded access with neighbor :,64*43*~: -- ... Lot Q, R and S. Carriage House back lot line exists with a 6.6 set back. f.4.73{~,ZÂ£Â©:4 .: . .1 Review Standards for 26.480.030(A) (4) The Historical Elisha House Lot split proposal meets the conditions for a Historical Landmark Lot split: ..:..1 ..28,7,1:*2.?1 -' 11.-Â· j q~tft-N~Â·f~~ ~::i,Â·..~ The origianl parcel, Lots N,0 and P, located with in Block 44 of the City of 44639>:f.(Â·- r 3 Aspen is 9,000 sq ft. and is located in the Office Zone R -6 . Â·Â·i fÂ«-t: 11:4 Â· 'Â· The existing FAR of the Main House and the Carriage House, as attachement A shows existing footage is: 4,155 sg. ft. j:t..'':'....: Elisha House(R-6)(or possible commercial, with out asking for bonus) We would like to request the 500 bonus to split the lots equally. but if not: Outside Floor Area (sg ft) . f:.7:f.-Ii-~GE# ' : .. AL:.: i./. .:P.El Total 3306 ('t.;i.f61.3.-Â· Attic Storage Space = 500 250 + 50%(250) = 375 excluded 3316 - (375) = 2931 sg ft adjusted Area h'Â£Â·fÂ·Â·Â· 1 .1 2931 -2400 (allowed for 3000 sq ft Lot) = 531 531 .28 (R 6) = 1896 for Lot length = 100' OR 18.96 additional Lot width required 30+ 18.96 = 48.96' (49 ) Lot width required 4 9 Lot width for House 41' Lot width for Carriage House Carriage House: mixed commerical....R-15 Outside dimentions: 24.4' x 34.4 04 Total: 839.36 h P"/.1.- r, I .fÂ» v r '1 1 (ZO.Â« ...j,ot 3 IMPROVEMENT SURVEY ~/AÂ¢LE/11, BLOCK 44 OF LOTS N,0 8 P BLOCK 44,CITY *A _601Â£.. of= 6, 7 Up U 674' 4.21<A.Â£*-.d~Â¢aâ€¢40#di-410,0.1 Jr,ul,~/~PI~ ,- 8 TOWNSITE OF ASPEN, PITKIN * 15-ce'â‚¬2- 6,1 9- (... e.epâ€¢Â£2.42*, F~Â«Â£. 96Â·)7 (*79'- 146) N.. (08. l'..At- COUNTY, COLORADO. 1 " (10,764 1/.Di' Pe. .,1 0.1,= â‚¬,th.de- ,/Â· 'w 11-11 11 --- -- Â£614â€¢J,â€¢A 44,4- - A Â¢-4 VE.L- f----- v--t,3,206*â€¢AeA< "-Lrup 12 + d \ .4/-*EMp ? 1 } <50-06'91Â» PAE-ki .131 ' !2,4. 4' -O.& S ) 6 CERTIFICATION - -1 ) <W D .1 -rple_ t.4)c,e_g-euâ€žJe,7 Poed-- Me-MLdY c.u-y-,FÂ¥ nlAr- 1 + Ahoroubel 12*-1~U'.lf ~~4==A 1 4 WkDop F 02- AME * 1 fâ€¢ 1* 40Â£-VeÂ¥ 449 F le-L-0 90Â£96-3(E_o CAJA, 44 -tert.le/C 1 E'rt ,,-- ---A- -ij' 4 +N ed -r,le- 611Â©Uk.1 P OP Â¥Ue- frope-7~ L.-6..6,4 -Â¥ moe.ec-,LI ee.3 of Tvâ€ž, 5/1Lg&4â€¢ i|. fh'.'tmece. 0 1...... 1 1 i 104'J *EAL=J , Ado leâ€¢ C.c'g-te.e,1* 15â€¢Al,e.â€ž 0-1 -rue- P' 2-t.M/'I 4 4 I_ - E.Vi ve.J,-2. 5,il~.4.1 00 -rt.1,5, rial- 42 Pe>J,JC't Ak/IIkA-1- lk- 704 4 -r Ble-g-e- 42.6. do Pleate.PA,Jel ee, , 40â€¢JrucrÂ» , 6,10,-3-Al~ 1.J -io'-4 1Â·69 18 41 71- 4 1 3.4.4 , te-Â» . E *leâ€¢Je- Ple-L-,7 8.4, PE.Ale-d- or #104./d 10 ./le- , eXCE-n- Ae , Ot. I A Me.A, 500.JOAÂ£Â¥ 1-Ide- 6-Â·Â£4Jft_larâ€¢>, R,Â£94-rb op wAT- 1.1 TARK; Al 0 -TWO M-0,21 L _ 1--~ : 8 ~ e.*Udt.-Ir 1/,1,1 66.-2- 415â‚¬â€¢t/g.Â«Kt.POUQ *41-Â·/A- eezeÂ», MA,J#lot--6.9, OÂ£ r I Ne-te-IJ *Mc>.4,1. U.JUE-t/RebokÂ» Un LK,6-6 WIT-,4 JO 1 9.- c,r,te-Â£. APFUM-re,JAddeÂ», AJ[7 24,Â£-UMEATS 09 *246>Â£, b Â·WA L /4 .Allo 9111 1. -7-0 uNDER co,9.77?.cy;Â·d' 1.4 wor s.upÂ·--te# TO T-â€¢E- 900!We-YOD ANUEL EXCEP-rt-0. c,Al-e.c, -r,4,2 66Â¥4 OAY "P Merre-leg41166. 8 4 00Llee- .J, ..91, 1 2, c>,e:spr 00= atg 411 Livlk|a 'FAce- Â· 21[ 1 w,u,~t6cu f.6,+1 6.4,-0' Zwd~i;,~,f Ci 9,Â«,Je-v Al-,7,6 4 AJO 1Â£* f q k p.4,0 w, plc.BE:Ape- r, L..1., 161*.9 . J, l- L**2~&12**2**=96Â£= ~ I e,Aâ€¢De-,1 eL,J f | 0 1 - Â· 3.~ -.43 *9,Â· 1 1 1 AFFUs-- 45.0' LEGEND 'a NOTES 1 - 1 r n 4' < 11 0 Fer-k; c Â£.6,5,4-0- 4/ri-4-11 c-- 6-4 7 64â€¢. 6 415. â€¢,Â·6DWJ 9 1 1 o r %0/e-gri Â£Â»g_.aeÂ£_ t.e:r en.ss,t vj l rleâ€¢ne--44, 46 16.1. 1 \40 ' 4/ D.41'I./t# 1 F.Â£,Fâ‚¬Â£:rY L.-1:E- L, filly- Av -') \,,_ProposeD Leit- Spl: Foup 26JIL.MA'# t-422. ZlogeÂ£44.6 I ' 1 6*ui./ Ze/set, 45'IVidS -- - -e=Â»F .t,kâ‚¬.14Â« . | | |' '~ Â·*~.I.Â· f~cs=tc<Â£,2. PAD $1 02'6242-40 Ull L â€¢fl' 1.-â€¢Ja Â· Â· - PL AQJâ‚¬_ 4 ilit,Â·AL.A L- C'eÂ», 4. 14 f,O,Â·-1 - - 1 AREA =19-7000 SF ) " 4 te - Fts,Jce_ t-1 2/. i .7.f I \ 2, 4â€¢'te~~- ~ . PRO-RATED ~9,001 SFâ€¢ . 1 , w'00,7 Ped De_. LI NL K :- M LOT N LOy 0 LOT P ' URS . 99â‚¬ET. 1/P, â€¢Le J_RA ~ s.~~ < CAL.-4, | 42.2- ELÂ·CeÂ»rt-c~ Fg,â€¢.4 <46 854 CF/C-,At- MArr 04 114Â£- 6.~~S'Â·. AM - râ€¢L. ftcÂ» Â¥_Â»Geo 9,-Â¢44_Â£4 *ex.0//*41*5 - 49â€¢e- -I.,6,-4 I 1/__ 29 . 2L' 0 ... c,eÂ« Uce.:eÂ£,4-r' u Â£ajrea- pt>,ar 90 01 r' c ''i . 6 En R--210.924 40 0, 'Fâ€¢K. I -- 90 0, 'PZ... : -flae' 0,â€¢'/4/4 w'*re, re-elÂ·*etl, W,' 4 c./7.1,1,1-,-le,J-1- fcâ€¢i Â·, (U-i-%2411''w) z--tc:, c'?Â·' (z-im.ag> -24. Xm~ 4 -r,-LE . i â€¢Jeo,0.-Aes C.CIA 2.4 446 Â£41 -rrn-e- 1 Je,--k.Adc-e- . '. 6,04-"LT-c-. 1,1 upe.*CALKÂ· Â· coac-eurt Fc.J.Ir, IK~,J Â£,*,(..ticÂ»J Â£:Ai JOÂ· pe-f -zaÂ·Â·ee ,=:AT-noâ€¢ -,tz-flee *e. tuÂ»r. At 6.44 elÂ·oc-e . 44 Â·~ s,ru.e=- L.44.1-r ft,5â€¢T' L.-1 Jâ‚¬ car- 565,5 OF e,e-*Liar-, P t...1 -Â·At 5,W ro 1-41- 6,8.- 66'Â£.1-12Â£5, c,/ e.uce.,4- 4.1- 'A PREPARED BY 49744'=F- UPDATED CERTIFICATIONÂ·. *7Â£ Aspen Survey Engineers, Inc. MAIN STREET : , DAVID W. Mci,R IDE, HERE.r,Y CERTIFY THAT ON ___..MAa_-2-_ 210 5. CALENA ST. 1980/ VISUAL INSPECTION UPDATE WAS MADE UPONÂ·THE FÂ·ROPERTÂ¥ AER~IN ~~| ~~h~~~~ (16.0, W, 01.-) P. O. 80% 2506 DESCP. !BED AND NO CHANGE!; WERE FOUND ExCEFÂ·T AS HEREIN NOTED OR ASPEN, COLORADO 81612 {303} 925-3816 5'lotÂ·.. Slltill) TI,19 -22?-Dal OF *A,A[22Â£, 1900. 8219 DATE JOB NO. 09,0,6%0 DCALE 151Â£& 9/1/re I e,2-54 Oâ€ž.ria-W.Il,IED;iDZ--RI~Ed-iuM .. ,1 ' I â€¢I , i o nll. n 3,R D. ST. .. .. Review Standard: Project: To create 2 fee simple equal lots, each with a existing single family home from one fee simple [ot. The 9.000 foot Lot located in the City of Aspen block 44 made up of three 3,000sft lots N,O and P and the proposal is to creat two lots each with an existing home (Historic Elisha Main House with Lot N and part of West lot O to a total of 49 ft from the West) and The Elisha Carriage House with Lot P and to include part of Lot O East measurement from lot line will be 41 ft.. Located on existing 9,000 ft lots is the Historic Elisha House and Carriage House. There is no application for any developement change or building on either said lots. The stated project meets the review standards of 26.480.030(A)(2) Review Standards for 26.480.030(A)(4) The Historical Elisha House Lot split proposal meets the conditions for a Historical Landmark Lot split: The origianl parcel, Lots N,O and P, located with in Block 44 of the City of Aspen are 9,000 sq ft. and is located in the Office Zone R -6. The existing FAR of the Main House and the Carriage House, as attachement A shows existing footage is: Elisha House(R-6) We would like to request the 500 bonus to split the lots equally but if not: Outside Floor Area (sg ft) 1 st floor------1326 2nd floor-----1151 Attic----------829 Total-----------------3306 Attic Storage Space = 500 250 + 50%(250) = 375 excluded .. .. 3316 - (375) = 2931 sg ft adjusted Area 2931 -2400 (allowed for 3000 sq ft Lot) = 531 531 .28 (R 6) = 1896 for Lot length = 100' 18.96 additional Lot width required OR 30+ 18.96 = 48.96' (49') Lot width required 49' Lot width for House 41' Lot width for Carriage House Carriage House: mixed commerical....R-15 Outside dimentions: 24.4' x 34.4 Total: 839.36 .. .. Specific Submission Contents for Amendment to Text Section 26.480.030 Exemptions. Under general exemptions. #4 Historic Landmark Lot Split. a. The original parcel shall be a minimum of 9,000 square fee in size and be located in the R-6 sone district (, or "0" office zone district), or a minimum of thirteen thousand (13, 000) square feet and be located in the R-15A zone district. 26.710.180 Office (0) B. permitted uses #9 accessory dwelling units meeting the provsions of Section 26.520.040. Two detached residential dwellings on a 9,000 square foot lot containing a historic landmark D. Dimensional requirements. The following dimenwional requirements shall apply to all permited and conditional uses in the Office (0) zone district: 1.Minimum lot size (square feet):6,000 For lots created by Section 4 26.480.030 Historic landmark lot Split: 3,000 3.Minimum lot width (feet):60 For lots created by Section 26.480.030 Historic Landmark Lot Split:30 â€¢ -7ft2#-JL--*d.~â‚¬0-6.-_ 0 & TOWNSITE OF ASPEN, PITKIN rkÂ¥~ 6'â€¢C WirtÂ· .de u.4,4â€¢*],c#11. Jr,1,~Â·~/'~*,0 â€¢le.4 + 140Â£%<,4.'2. Mâ€¢+ c. ('75â€¢01 11.0,1 - *...f. 4COUNTY, COLORADO. 64Â£414, 06<_ 1,*'- ~- ,,c t-171 ~- t(l.al le, c'i'/t-, i + :2-1Â«.1.t 7. 6/ 234-9 ji i 1 1 // CERTIFICATION 1.1 4Â»/, --- r i -rwo 9.4 -r,le- UJvt,te,16.de-v Pote- 44,Â£Â·Le# 6-Â£-Â£5- 1*Y Â¥1141- lf-2-#b--IL 1~114 1,06/64 WA, Fle-1-0 Sâ€¢Jeve-re-0 17â€¢JCJ JA BermleeÂ£ Mes O.1 -nle- 61%-Ded P OP f At- r,tor'eL-crf LE.A,a U.-7 PE.*CLIC,U' ' eA...,1 AL<.e,J , Ade, 14 6.OBILe.1 DA,e, 04 â€¢r,42- PI~-LO e.vi re.J//. f,do#J oâ€¢J 1-,1,9 n..A-r- AD A>Uk) 9, Akle Â¥JAr * 0 -ruelt ate- 40 01,(CE.Pa,Jo, 2*, crid,uc.r>, *Uc,grAAet. id - i =X' U W i i r< 0 = Ate.A, eÂ»uâ€¢JOACY L.,de- COUPLICrÂ», 81Â«d-TÂ» cÂ»p WAY t..1 1 3,44 -IFD . I Â¥r.â€¢Ja. F-1 E-1.-c~ t.,/, c,Â£,1,Le_ ort K..Jovv.1 -ro ./let- , eXCE- rT- At. 11- .- - -. _ _ . - t ..1 8-r .trâ€¢J ..1.. WALL Hz-/1-2-od 15,40.,J. UJC=,E-CA#01â€¢12 u-r-,L-Ir, e.Â·9 WlÂ·ra 40 L' 1Wo Mil '_ ' r-1 W~LK E 2 770 Pr Â£71-,le-Â£_ APFUg-Â·re-A'Adâ‚¬26-9, A.Jo poc-UpleÂ»J-r-, op gezo,p [ 1 ~5 0-~ul.war 41 91 e.u:- 41461.1-340 vA,-Ve- 2.10Â£Â», r/14440-5, 0,- Ae- Hert/:/~/..3' ' WOOP Pat*Mt ,&' 1 1 UWDIA CON377*UO 14 162) k â€¢Jor SUPPL,217 -*62 -04Â£_ 932.VE-Yot. Ate- 2-Xt-e.*'-rtc. c.,0, i U) 06Â·re-O -rit,5 BÂ·r * PAY OF- berreâ€¢*Â£4 1160 Â· .all, 5,14â€¢Je-Â£7 3 -1.- L/vi~16, f~Ble.,- * 44 3 1 10 St PAV,O W. 'ic-3/APe- A. L.9. 161 11. 9 :. - AÂ·rric. 4.17 aN-5,\ 1 N Â· L..1. t. 3 L-. 1 2,44/.M Â£*J T , ./:, )/4/..5 5 â€¢ I i | 4 r)â€¢-0 L f <0' li ~ LEGEND a NOTES ' ~ ' . R..63 0 id/*40.- -1//1-AMile . 6-A / â€¢-4. 6 44. 0,1041 1 - . r "41 1 4 2,_eakj! 1 'fi 0 "6>â€¢Â·eâ€¢=ry u..'el. e.ry Â£6644. w/~PLA*ne=-Â£-Ar La- 16(tâ€¢t 1 1 â€¢ Piâ€¢:~2 1 11 #â€¢' e. LIâ€¢,Ja, effâ€ž | | 8JIL-P-'4 L.â€¢CE. -L obe.â€ž.4. - 1 1 - - - - Cer,fs Â£4Â£Â£.tw~20, 1 1 t oveÂ·r *, 40 C-rl, i 4-rw ,-. LIA. 1 -5. 31(, b.Â·.../ C U Like- -1.-pu,We- 11,4.;z,C#CAL- Ve.+10*Â·lar-~3*- --HAREAâ€¢9-,DOOSFI PROÂ·RATEDâ€¢9,001 SFâ€¢ s . Woof *244-0.4-,di K L M â€¢ LOT N LOT O LOT P URS D.RA râ€¢L pco- 42 0 0-rat.6,44 Delwee/4146 -4 4... Â£0.- -*- 44 (CAL.L.* ) 4,-t E-ti.Ic-r, r,Â£0,4 -r-4â‚¬- 1154 .APIC-44L- 14/ 645- 14â€¢CL â‚¬141â€¢f O.- 44rtâ€¢J 4* Â·F-Â·14*4 *e râ€¢.2 FÂ«rer,Â· 4 4 .LD,1,<11'â€¢42,~Â·,0 M . O 6/â€¢6â€¢OV 111-U '.44.1/--AWÂ£-t- 0/Â·cÂ»' LAs)46 e e- 1-rn-g . i J.,â€¢-*-A.ke_ FEDCâ€¢Â»"X~,d c.Â£=â‚¬Jt~411 cÂ». c*De. 4- Fc=r- 1365 VA-rEP 1 I t./.0. ,r,J.JO 6,ly Uccu ft w,O.-vie â€¢ C C. â€¢ 6//.fe. 6, c*-444 L...C ~ ' -- --- - - 44. r,7/.44 4Â· 3~(- *fâ€¢,Ir Lt,s,gr rt- Li Lf c-J/~04 644 6* r.,Al-,JA *21-, -7.1 e- 4/J Tu rte- 66 I.DOJEEâ‚¬- c-- 6Lk<*_ 41- PREPARED BY Ae>FÂ·JAcr 1,+ Aspen Survey Engineers, Inc. UPDATED CERTIFICATION MAIN ST R EET t . DP. 11, W. riciek[GE. HEHI)Â¥ CERTIFY THAT ON __. _6~AA._-L ...... 9'L--7:K [Ch, 210 S. GALENA ST. 1 i.0,Â· Â·,IÂ· 04 INS, ECT ION,J,DATE WAS MAOr UPON ThE thJPE,<7Â¥ HEREIN P 0, BOX 2306 ASPEN, COLORADO 81612 HIÂ·.BION Nut Eu OR til.â€¢,L'â€¢ i D..t, ,â€¢I:U NO CHANUE# WERE FOUNk laCEPT â€¢C ~ Â£303) 925-3.16 Â·Â· Â·,!:Fiâ€¢ iltl , .C-bAÂ·f UV ...,IA,RCH-Â· 1"U.Â· OATE .108 NO. 1/25 0 9 '0 '6, EC, 91,1- tel,t 17 GA Le. I .. ,- .......--./ 1 - 3 RD. ST~ 11111[: Al:COMING 10 [OLOI![100 IJIU 71]U til!11 COMMEIIC[ Ally LEGAL ACTIOH 111]SED UPON Ally 00-11:I IH IlllS 51!NUEY Ul [IlIH SIX YE[115 InER yOU fIR5I DISCOUER SUCII DEFECI . m HO EUEHT, 51111[1 ANY IICI I011 BASE[I UPON 1]Hy DEf[[I IH !1115 5111~U[Y I![ COIiliENCED 110116 IllAH IEN YEARS fRON 111[ 0111[ 01- 111[ [F.#11[1:1111011 5110U11 Il[REDII. PAode- - _fl a L.â‚¬Â» 8 1, 64 -rq ~20.31 1 vul ve 0 IMPROVEMENT SURVEY A L Y BLOCK 44 OF LOTS N,0 8 P BLOCK 44, CITY - O-1-4 E- 09 8 TOWNSITE OF ASPEN, PITKIN 4Â«/ G>G' E-Â£-acre-: c, 400 LON/\~3241~~41'(0* 1 01-11.-4-FO/2.4Â»e Me A 6 7 5 * 08' 0416 61 14- 1 t.Â·Â· 4. 6<47.. 6241 FAL,E_. 9 ML COUNTY, COLORADO. -47 1 4,6402-- 1 1 ( 9 7 evol ' I 1 "E. ~ , 0, - ,- 1. id , ( 1000') 10 0 f VIL. 050 6-0 ) fYP' 6 4 0.1 1:- â‚¬0722~E- . 41. , 414,/aa_ - _ - 1 1 4 16:r*,J, 44 WAL-c. r - -- - - - - c-fijoeouate-.6-g- 4 FALÂ«f *4 1 1 1 / RAMP 6#4 1 41 4 , -0.47 S ) .\11 1 +1 \ .-)/-4'EMp ? Cul CERTIFICATION 4â‚¬ 1 1 X \Â· 774 0 Â«rope>( 1 11 / TH e.- UJPEA-Â»14 13â‚¬-0 Poee- 146-0-2-DY C.E.-cri FY -1-44-r 1 -' 7 WOâ‚¬>2 F; 2- A Al E- 4 1 k- -ruie, 902-48_Y KAD F 1 6-1-0 90;Z_Ve_YE-O 173 Al JÂ« Â»e-Pre-Meet- 19 63 1 - 1 I. 1 4, 00 -01 E- 618=12 k| P o P -rU E- FCC>FE_%-77 Le,44 u-Y peÂ»c-g-1 5/47 r , 1 1 e. 6.9.' 16,4 0.-Al N I / 1 1.Â· t--1.~ ~ cÂ£29/2/239 W 1 ' 1 148.-te-e-Â£>d 3 Ade, 140 6012~-1Zteo-r 1DAÂ·96-CP O'd -r-U 11- Ple-4-7 / : 1. 1 4%4 1 E-VI Pe-,J ce. 6,1 0,2,Â·J Op.J -rtliâ‚¬7 T'L.4 -1- AS, pouk) Of Ado -aA-r / i i . 1_~: i E--#4 4 %4 1, 1 L- w 7-146-0-6 42-8. de Ple,-2-6.-PA 061 2-9 1 CO,JPLIC-re i Â·91Â·log-7-442-6 14 '1 -lA -1.64' U, 1 /- 62. 40 f A ce.-41 15004 OA C-Y Ll de-- 6-0 h] P LI C-re, Ba l Â£g il-P> oP ~/4Â·Y id 9 1 0 3 4~ 4 1 3,44 , .97-.Â» e Â£ ST-Je_ P-1 E-l--2 EL-Vt :72.-AlcÂ·e_- Dg_ Ic-d c>vUJ -1-c:> N'\ E_ , E-x~CE- F-i- A.i:2 1 ~2 Q -r Ze:r-4, d i dÂ« WALL- 442-2-ack) 574-1044%/d. UJ=az_*t goodly UT I L- 11-1 6Â» Vul 7-4 do '-2 - 2 1 1 1 W o efoci 1--\ 1--1 MI - , PAT/ O 1 1 ~ ~ e.-lae>al,la.*J-r ,/te! 5!-8- 4150/6-61 2-O dUo vAL--VE- Ex00Â£Â·9, 6/1444(9119, Og- 44â‚¬g ,le.rre..e~Â° 'Â·Â°5 \A/CE>P FP'121Â£1-#1Â£. ~'; ~~ | | 01-Re-e- APPOTZ--VE-kjAUCE.9, AJ O 206-,DME./.3-Vi) OF- Benc>e_O 941 1 1, UNDER. CON5 7-720.277,94 -3-Â» tdor DUPPLI 6-17 7-0 -r- Al-EL_ 90 B.VE-Â¥0 2- 4012- EXLe-Pre-e. Boo'pe- w 1 -011 3 It - r J v 1 04-FE-O -1-M I D 61-4 24 Â¥ OF- 5:,EF-rawl!*4 Ilse . ~1 4\ , .1 - â‚¬11 8 Ii-6 1 5 1 Â«06-57 - L/vikla +P'Ace- 13 1\8 + 1. b 0 1 46,1 1 2 R ft PAVIC W. Moee-1 pe- A . 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EON,OgÂ·21-fE - ; . 2-C> 7.2 6..0-6~.-re_ , â‚¬37 I cE,&.+g A'L--I,Â£- ' - - . 60.0 k,) Ceâ‚¬-Ir-E 9,4 2:,Lock- 44 66.- 21.COA 41- ~- Â»1-2..2-EJ- l.-1 4 14 T Ft>910 P L.-UVC' Lt â€¢de.. 09 62 212% 64Â·4719 Dis 256.42Lld A Pe..ori -111 E- +VU TIP -F01-KE- 4,6- 6,7(AEÂ£Â» cÂ» 15 -,C. 4-LE 4 9Â· 7441._1-- PREPARED BY 447Â£ UPDATED CERTI FICATIONÂ· Aspen Survey Engineers, Inc. MAIN STREET I. DAVID W. McBRIDE. HERE.BY CERi-IFY THAT ON ____Z\AA&__.2-__ 210 S. GALENA ST. ( 1 GPO ' WICE-- ) 1980 A VISUAL INSPECTION UPDATE WAS FIADE UPON TI-IE F'ROPERTY HERIE.IN ~~ ~~~~h:h. P. O. 80X 2506 DESCRIBED AND NO CHANGES WERE FOUND EXCEPT AS HEREON NOTED OR ASPEN, COLORADO 81612 SHOWN. (303) 925-3816 SIGNED THIS; _235.DAY OF _-2-4.12.Cyj._.1980 . .'...'M'.y'll. .i...0-- .Â· g., ---2 DATE J08 NO. EM*Immwi O 6 10 1 9 2-0 DCALE 1 "= ic>' 9/1/De' 1 6254 David W. McBride RLS 16129 312./70 UPDATED 3 RD. ST. <h-I l4"So'ca"g_ ic:zp.co '> '74:'35':94 SENDER: COMPLETE THE SECT/ON COMPLETE THIS SECTION ON DELIVERY â€¢ Complete items 1, 2, and 3. Also complete A. Signature , item 4 if Restricted Delivery is desired. Â¤ Agent x '- â€¢ Print your name and address on the reverse - Addressee so that we can return the card to you. B. Received by ( Printed Name) C. Date of Delivery â€¢ Attach this card to the back of the mailpiece, 1 or on the front if space permits. (> /O, 2 4, 4 D. Is delivery address differe0&om item 1 4 0 ~s 1. Article Addressed to: If YES, enter delivery address below: Â¤ No 3Â£0[4 1 (-CU-0/l 'NL- j~t~boivajcd 300 2 . #10-2 4 94 -4592Â» i Et> 8\ 91\ 3. Service Type Â¤tertified Mail Â¤ Express Mail Â¤ Registered Â¤ Return Receipt for Merchandise Â¤ Insured Mail O C.O.D. 1-000 05 \ UncÂ»- \ 53593:~ CDS-89 4. Restricted Delivery? (Extra Fee) O Yes 2. Article Number (Transfer from service label) 7002 0510 0004 5593 0289 PS Form 3811, August 2001 Domestic Return Receipt 102595-02-M-1540 UNITED STATES POSTAL SERVICE First-Class Mail Postage & Fees Paid USPS Permit No. G-10 0 Sender: Please print your name, address, and ZIP+4 in this box 0 .â‚¬--, RECEIVED 2002 0CT29 Â¥060 6. 0>Ck~Ul\OL- ASPEN 4*Â» Ac> 8 jul \ BUILDING DEPARTMENT ' 744#I - i 74. 1 - 1 --131 1 44 - ! f 4 -2 - - 0 F 1 E- ~' 9242 1I N 1 1. r 12.-LU \ ' 44 Lf - --r T L=-El 1 1-43 , H'. ij I i' 0 \ H r~, ' 11 1/ 4-2 H U 1. 4 ibe 4 1 /4,7 !il 1 i 11 11; 11 L EAN 4 - k a -, -- a 411#.4. ~1Â«-_' 2_ ' Â¢â‚¬0440. 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Z Ett~ TIMES-DZ PR] .- il Z mt,il jl PLACE*1*.11~6,- - - pill PURPO,C -. 44 . ET M.~ 461'r 1 / AN,1., : 2.1 Eiallnu. 1 ' 'id,F or, liok 4* i Var-,ance Lettaer - 46 A,-P 8/ocK qÂ« 4,14 . - -I \ 4 ' b . ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 320 40 No\61 14- , Aspen, CO SCHEDULED PUBLIC HEARING DATE: --3-1 e oN'*Â« , 200_2 STATE OF COLORADO ) ) SS. County of Pitkin ) I, C .AR-d i M e- R d b an c J J (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. . / 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 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 f.f/34 6 , 200 2. to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. J 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 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. dED /Lt' 1002_ (continued on next page) 32> 00 8*714 A ul i le 221 4 . ~ 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. SignAture The fore<oing "Affidavit of Notice" was acknowledged,kefore me this oflay of litle , 2002, by k , s Luu K. 6-â‚¬ortfu U WITNESS MY HAND AND OFFICIAL SEAL A. ~ LESLIE R. ''Â·. ~ MyÂ»mmissioCAbires.Ll 1 1 ~18 /05 3- .Â· stoRGE .i.la r--4 Â®-42. ~ V u /9- ...i~ L_Nota# Public ' /~ 0 ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL 6 GOLD RANDAL S FARLAND MARISA J FINCI IER >41%111. 1.PS-I-1.IN (311.141Â·.RI AND MC)lili. PO BOX 3542 442 W BLEEKER PO BOX 9813 ASPEN CO 81612 ASPEN CO 81611 ASPEN CO 81612 HANSEN WERNER ANI) 1 IARRIET GROSVENOR DENIS GUERRA DONNA WINTER ERN>,1 & SON INC ('/O PO BOX 3071 4220 (11.1.NWOOD AVE ORDINGER UNÂ·Ii 12 ASPEN CO 81612 DALI.AS TX 75205 HAMBURG (il:I<MANY 226()9 JACORY I AMILY I.FI) PARINERSHIP HUGGIN 11 SCOTT INN>;BRICK 1101..[)INGS 1.1,C CASPER .1 JACOBY Ill 449 NW STATE ST 435 E MAIN ST PO BOX 248 BEND OR 97701-2550 ASPEN CO 81611 ALTON 11. 62002 JOHNSTON FAMILY TRUST KARP MICHAEL KASPAR THERESA DOMS 2018 PHALAROPE 3418 SANSOM ST PO BOX 1637 COSTA MESA CA 92626 Pill[.ADELPHIA PA 19102 ASPEN CO 81612 KING LOWISE LLC M D W ENTERPRISES INC KETTELKAMP GREITA M A COLORADO LIMITED LIABILITY CO COLORADO CORPORATION 3408 MORRIS AVE PO BOX 1467 233 W BLEEKER PUEBLO CO 81008 HA SALT CO 81621 ASPEN CO 81611 MARTIN SCOTT M MCDONALD FAMILY TRUSI NI,WKAM CLAIRE M C/O PARAMOUNT PICTURES 320 W MAIN ST PO BOX 2808 5555 MELROSE AVE ASPEN CO 81612 ASPEN CO 81611 HOLLYWOOD CA 90038 POTVIN SALLY ALI.EN PRICI. DOUGLAS PRICE DOUGLAS L AND VALERI 320 W BLEEKER ST 8611 MliI.WOOL) 111) 8611 MI:I.WOOD RD ASPEN CO 81611 BETHESDA MI) 20817 111.1-111.SDA MD 20817 SAMION CAROLE RISCOR INC ROSENTIIAL DIANNE SAMIOS NICI IOLA>; A 2727 N I IARWOOD ST #980 PO BOX 1()043 PO [30X 867 DALLAS TX 75201 ASPEN U) 81612-7311 WESTMINSTER MI) 21158 SCOTT MARY Ill J(,11 SAUNDERS MARGARET W %(111Â·11.ING RONALI) L & 1.ORI L C/(.) RUS>41.1.1 . S('OTT III & CO LLC 231 ENCINO AVE PO BOX 343 38 SUNSEr DR SAN ANTONIO TX 74609 PLAINFIELD 11. 60544-0343 liNGLEW<)OD C 0 80110-4026 SCRUGGS DAVID C & PHYLLIS R SEALS JOHN R & CAROLYN SliVEN SEAS INVESTMENT LLC 365 RIVERBLUFF PL 441() MEDICAL DR #400 1017 ELMWOOD AVE MEMPHIS TN 38103 SAN ANTONIO TX 78229 WILMETTE IL 60091 212 N SECOND ST I.[1 Al,(, SE(()NI) 01 IAI l'IiI<>; RIÂ·>; Il<(IN I Al.1111(11.i)ING COMI'ANY (MINNINON C/O RICI IARD CORBETT Ch)(ill,1)1.NliORN ALMA [. A COLORAI)0 E-()RPC)1<A I loN 2202 N WEST SHORE BLVD S'Iii 110 2030 24111 STN\V 435 W MAIN hi- TAMPA 1Â·1 33607-5749 WASI[ING ION DC 20008 ASPEN (() 81611 ASPEN HOMEOWNERS' AS>Â§()CIATION ASPEN IMAIN I,P BARKER .IACK 1/2 INT A COLO NON PROFIT CORPORATION (70 MR 11 SCI IMID I BARKER CARRYN ADRIANNA I I<ll>,-1 1/2 311 W MAIN ST 14) 1*)X 2768 INT ASPEN CO 81611 ASPEN CO 81612 PO BOX 7943 A.KI'l<N ('C) 81612 Ill.AU hi 111.1 BARTON META PACKARD 111,1(VINh J RONNI.I)& PHYLLIS M 111.All.114)11-11 6507 MONTROSE AVii 20320 1 All<WAY O,AKS DR #353 38961)()(,\VO()1)1,N BALTIMORE MD 21212 13()CA RA-ION 11. 33434 DOYLE.HrOWN PA 18901 111<Al MAN MI CIART REVOCABLE TRII>, 1- BLONIARZ JOHN W & DONNA L BROW[)1. [)AVI[) A BRAIMAN 1,()1 1-A REA REVOCABLE 1839 N ORLEANS ST 176 11!<()Al)\VAY mus i CHICAGO IL 60614 NEW YORK NY 10038 5630 \VINCONS IN AVE - Al' 1 401 C.111(VY CIIANE &11) 20815 Cl I AM B ER S PE 1-1 ./SEN D TA X BI L LS -1-0 C CREEK PROPERTIES MGM 1 1.11 CARINT[iIA O)141' DOUGLAS PRIC'IÂ·: 1717 MAIN ST STE 5200 451.1.UPINE DR 8611 MI ,1.WOOD DALLAS TX 75201 ASPEN CO SKill 141,-1-IlliSDA MI) 20817 CHISHOLM EDITH 1/2 INT ('11~Y OF ASPEN CLICK JANIi 205 W MAIN ST 130 S (,ALI.NA ST 333 W MAIN Sl ASPEN CO 81611 ASPEN CO 81611 ASPEN CO 81611 COLORADO AZUR[i LID COLORAI)(1 NIOUNIAIN NEWS MI:1)lA COMCOWIC'll \\'ll,LIAM 1. PO BOX 11236 500 DOUBLE 19\GLE CT 420 W MAIN S'I ASPEN CO 81612 WA>; 1101 i N V 89511 ASPEN (c) 81611 CONDER CANDIDA 1, (RETE ANS()('IA lit>i 1,1' CHO\VI .1 .Y St U. MI 1-CllEi .1. 19816 GRAND VIEW DR 34 1 8 SANNOIN S 1 409 h (il<lilÂ·.NWOO[) AVE TOPANGA CA 9029()-3314 INHEADELPHIA PA P)H)4 (-()1.1 INIBIA MO 65203 CRUSIUS FRANKLIN G DEW<)1.1.'NIC.lic)'.AN DIEREVEN>,KY PAULA CRUSIUS MARGARET J 233 W IN.I.I.KERbi- 1 128 GRAND AVE 5855 MIDNIGHT PASS RD API 507 ASPEN (/0 81611 (U.ENWOO[) >il'RINGS (70 81601 SARASOTA FL 34242 DEROSE V F DERONE VINCENT 1-)01313% .101 IN C & SARA 1 l209 N I411 I AVE 1 209 N 14111 AVE PO BOX 241750 MELROSE PARK IL 6()16() MI .I .ROME PARK Il. 6()l 60 All-.MI'Ill>; TN 38124 .. SHEEHAN WILLIAM J AND SILVERS[[.IN lilli.IP SIMON 1.(.)LJIN & EILEEN SHEEIiAN NANCY E S[LVERSTEIN ROSALYN 1576 CLOVERLY LN 10 GOLF VIEW LN 25 KNOLLS CRESCENT RY[)AL PA 19046 FRANKFORT IL 60423 BRONX NY 1 0463 SLOVITER DAVID SI.OVITOR DAVID & ELAINE :iMI Ill CHRISTOPI IliR SLOVITER ROSALIE 1358 ROBIN 11()01 ) R[) 234 W HOPKINS AVE 1358 ROBINHOOD RE) MEADOWBROOK PA 19046 ASPEN CO 81611 MEADOWBROOK PA 19046 STEVENS LESLEY 4.25% INT SMITH DEBORAH SNY[)ER GARY STEVENS BRUCE 95.75% INT 234 W HOPKINS AVE 8324 BROODSIDE RD 214 W BLEEKER ST ASPEN CO 81611 ELKINS PARK PA 19027 ASPEN CO 81611 S 1 ROMBERG, A11-1 1 I UR H. AN D STRANDBERG JOHN .1 & JANE T -1 A[.) PROPERTIES LTD LIABILITY CO S FROMBERG. 1 REI)NA C. 1200 MAIN ST #LBBY PO BOX 9978 145 BRIDGE ROAD KANSAS CITY MO 641 ()5-210() ASPEN CO 81612 Ill LLSBOR()l KiI I CA 94010 TAD PROPERTIES LTD LLC TEMPKINS I IARRY 11 IALBERG KATI]ARINE TOWNE CENTRE PROPERTIES LLC TEMPKINS VIVIAN 22 1 13 MAIN ST 323 W MAIN ST #301 420 LINCOLN RD STE 258 ASPEN CO 81611 ASPEN CO 81611 MIAMI BEACH FL 33139 TORNARE RENE 7 WIN COASTS I.'ID TYROLEAN LODGIS LLC 308 W HOPKINS AVE 1 1 O W C ST STE 1901 200 W MAIN S'I ASPEN CO 81611 SAN [)11â‚¬GO CA 92101 ASPEN CO 8 l 6]l WALGREEN JOANNE WI]SE RIC'I IARI )11 WIIYTE RUrl'll 2258 N FREMONT 5451 N E RIVER RD #503 PO BOX 202 CHICAGO IL 60614 CHICAGO IL 60656 ASPEN CC) 81612 WILLE O LOUIS & FRANCES LYNETTE WILLIAMS [)AVID & BONNIE JO WOLOFSKY MOIRA 50% INT 32% INT 222 W 1101'KINS AVE APT 5 129 CLARENDON AVE 200 W MAIN ST ASPEN a) 81611-1757 PALM BEACI] II., 33480 ASPEN CO 81611 .../ 1 1 ~ ELÂ» 421,.'97:Ellilll MAY23 . Iâ€ž #11 6 10 - - 9 - U L.-_ _JPl W, t. ' I . 4,1 . 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