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Home My WebLink AboutLand Use Case.HP.513 W Smuggler St.HPC001-02nruuul 513 W. Smuggler Conceptual HPC 1 â‚¬23< 61 0 -5-2 . CASE NUMBER HPC001-02 PARCEL ID # 2735-124-10002 CASE NAME 513 W. Smuggler Conceptual HPC PROJECT ADDRESS 513 W. Smuggler PLANNER Amy Guthrie CASE TYPE Conceptual HPC OWNER/APPLICANT Drew Harman REPRESENTATIVE Harry Teague Architects DATE OF FINAL ACTION 6/12/02 CITY COUNCIL ACTION PZ ACTION RESO 22-2002 ADMIN ACTION APPROVED BOA ACTION DATE CLOSED 12/05/02 BY D DRISCOLL 0 0 . PARCEL ID: |2735-124-10002 DATE RCVD: ~1/2/02 # COPIES:~ CASE NO|HPC01-02 CASE NAME:|513 W. Smuggler Conceptual HPC PLNR:~Amy Guthrie 1 PROJ ADDR:~513 W Smuggler ~ CASE TYPiConceptual HPC STEPS] OWN/APP:~ Drew Harman ADR1513 W. Smuggler Stre C/S/Z: ~Aspen/CO/81611 PHN:|925-6343 - REP:|Harry Teague Architects ADR:~412 N. Mill St. C/S/Z:~Aspen/CO/81611 PHN1925-2556 FEES DUE:|$2405 D * FEES RCVD:|2405 STAT: r- REFERRALSI =,3 . REF: BY~ DUE:~ .. MTG DATE REV BODY PH NOTICED ... 1 - 1 1 4.1 -il.7 r ---- DATE OF FINAL ACTION: /5// y/02 CITY COUNCIL: 7 1 REMARKS~ PZ: 1 1 -1 ir "A>* 'cia .Et>.-2Crv t CLOSED:[ },F~L BY: 1 -il W bD44 f DRAC: -*01Â©~49 BOA: PLAT SUBMIf~: 1 ~ PLAT (BK,PG): ADMIN: ~0 9 0 .. RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION APPROVING AN APPLICATION FOR MAJOR DEVELOPMENT (CONCEPTUAL) FOR THE NEW HOUSE LOCATED AT 513 W. SMUGGLER STREET, LOTS E, F, AND G, Block 27, CITY AND TOWNSITE OF ASPEN, COLORADO RESOLUTION NO. 22, SERIES OF 2002 Parcel ID #: 2735-124-10-002 WHEREAS, the applicant, Drew Harman, represented by Harry Teague Architects, has requested Major Development approval (Conceptual) for the new house located at 513 W. Smuggler Street, Lots E, F, and G, Block 27, City and Townsite of Aspen, Colorado; and WHEREAS, Section 26.415.070 of the Municipal Code states that "no building or structure shall be erected, constructed, enlarged, altered, repaired, relocated or improved involving a designated historic property or district until plans or sufficient information have been submitted to the Community Development Director and approved in accordance with the procedures established for their review; and WHEREAS, for Conceptual Major Development Review, the HPC must review the application, a staff analysis report and the evidence presented at a hearing to determine the project's conformance with the City of Aspen Historic Preservation Design Guidelines per Section 26.415.070.D.3.b.2 and 3 of the Municipal Code and other applicable Code Sections. The HPC may approve, disapprove, approve with conditions or continue the application to obtain additional information necessary to make a decision to approve or deny; and WHEREAS, Amy Guthrie, in her staff report dated June 12, 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 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 5 to 0. THEREFORE, BE IT RESOLVED: That the HPC approves Major Development (Conceptual) for the new house located at 513 W. Smuggler Street, Lots E, F, and G, Block 27, City and Townsite of Aspen, Colorado, finding that the review standards are met, with no conditions. .. 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 ' *DI 81 â€¢ MEMORANDUM TO: Aspen Historic Preservation Commission THRU: Joyce Ohlson, Deputy Planning DirectorJA~ FROM: Amy Guthrie, Historic Preservation Officer RE: 513 W. Smuggler- Major Development, Conceptual- Public Hearing, Continued from May 22 DATE: June 12, 2002 SUMMARY: Approval has been granted on this site for a historic landmark lot split, and HPC has completed final review of the rehabilitation plans and addition to the existing miner's cottage. The current application involves the design for a residence on the newly created lot. Because the entire site is listed on the "Aspen Inventory of Historic Landmark Sites and Structures," the proposed building must receive HPC approval and must comply with the "City o f Aspen Historic Preservation Design Guidelines" and Aspen Municipal Code. No variances from dimensional requirements are allowed for the new house. The maximum allowable floor area, 2,270 square feet was established through the lot split. HPC reviewed this application on May 22nd and continue the hearing, expressing concerns with several aspects of the design. APPLICANT: Drew Harman, represented by Harry Teague Architects. PARCEL ID: 2735-124-10-002. ADDRESS: 513 W. Smuggler Street, Lots E, F, and G, Block 27, City and Townsite of Aspen, Colorado. ZONING: R-6 (Medium Density Residential) MAJOR DEVELOPMENT (CONCEPTUAL) The procedure for a Major Development Review, at the Conceptual level, is as follows. Staff reviews the submittal materials and prepares a report that analyzes the project's conformance with the design guidelines and other applicable Land Use Code Sections. This report is transmitted to the HPC with relevant information on the proposed project and a recommendation to continue, approve, disapprove or approve with 1 1 .. conditions and the reasons for the recommendation. The HPC will review the application, the sta# analysis report and the evidence presented at the hearing to determine the project's conformance with the City of Aspen Historic Preservation Design Guidelines. The HPC may approve, disapprove, approve with conditions, or continue the application to obtain additional information necessary to make a decision to approve or deny. The procedures for the review of Major Development projects include a two-step process requiring approval by the HPC of a Conceptual Development Plan, and then a Final Development Plan. Approval of a Conceptual Development Plan shall be binding upon HPC in regards to the location and form of the envelope of the structure(s) and/or addition(s) as depicted in the Conceptual Plan application including its height, scale, massing and proportions. No changes will be made to this aspect of the proposed development by the HPC as part of their review of the Final Development Plan unless agreed to by the applicant. A list of the design guidelines relevant to Conceptual Review is attached as "Exhibit B." This memo will discuss only those which staff finds are not met by the proposal. On May 22nd, HPC viewed a model, streetscape elevation, and computer animation of the the proposed new house. The issues that caused the board to table the review included: concern that the eaveline of the new porch was taller than that on the historic house and that the porch was physically detached from the main streetfacing gable end element (in conflict with Guideline 11.2), concern about the complexity of the composition of the front elevation and how Guidelines 11.3 and 11.4 were met, and some concern about the limited depth of the front gable end element, particularly when viewed from the west. The board wished to see a streetplan that showed the relationship to the homes on the east and west to determine if the front setback of the new house is appropriate. One chapter of the guidelines, Chapter 11, relates specifically to building a new house on a landmark lot. The guidelines discussed at the last meeting are: Building Orientation 11.1 Orient the primary entrance of a new building to the street. o The building should be arranged parallel to the lot lines, maintaining the traditional grid pattern of the site. 11.2 In a residential context, clearly define the primary entrance to a new building by using a front porch. The front porch should be "functional," in that it is used as a means of access to the entry. A new porch should be similar in size and shape to those seen traditionally. In some cases, the front door itself may be positioned perpendicular to the street; nonetheless, the entry should still be clearly defined with a walkway and porch that orients to the street. 2 00 0 .. ATass and Scale 11.3 Construct a new building to appear similar in scale with the historic buildings on the parcel. o Subdivide larger masses into smaller "modules" that are similar in size to the historic buildings on the original site. 11.4 Design a front elevation to be similar in scale to the historic building. o The primary plane of the front should not appear taller than the historic structure. 3 The front should include a one-story element such as a porch. Building G Roof Forms 11.5 Use building forms that are similar to those of the historic property. o They should not overwhelm the original in scale. 11.6 Use roof forms that are similar to those seen traditionally in the block. Sloping roofs such as gable and hip roofs are appropriate for primary roof forms. Flat roofs should be used only in areas where it is appropriate to the context. On a residential structure, eave depths should be similar to those seen traditionally in the context. o Exotic building and roof forms that would detract from the visual continuity of the street are discouraged. These include geodesic domes and A-frames. STAFF ANALYSIS: The general comments that introduce Chapter 11 state that the design of a new house on a landmark lot is to reinforce the basic visual characteristics established by the historic resource. This includes the building's siting, relationship to the street, basic mass, form, materials, scale, and overall simplicity of design. It is said that a strong connection between the new and old buildings in terms of these elements is more fundamental than the architectural style of the new home. In fact, once these relationships are clearly established, the guidelines support contemporary design solutions. The architect presented helpful graphic information at the May 22nd hearing that eliminated many concerns about how the new house will "read" from the street. It appears that the skewed orientation of the the rear of the house is not particularly visible to the public. Adjustments that have been made to the design for this hearing, particulary to the front porch, also help to bring the proj ect into compliance with the design guidelines. Staff believes that the notion of creating a strong alignment of the buildings across the front setback, something that was discussed at the last meeting and is supported by the guidelines, is important and reinforces a pattern that was typical during the time that the adjacent miner's cottage was built. The HPC should determine if moving the new house forward five feet would benefit the relationship to the adjacent structures, new and old. 3 000 .. Staff also believes that there should be some restudy of the window configuation on the front faGade for final review to continue to deal with the intent of Guideline 11.4, which relates to scale. There are two large windows on the new house that are not particularly in keeping with the more modest use of glazing found on the historic building. This comment again comes from the idea that creating as many connections between the two structures on this landmark lot is key when there are so many aspects of their design that are very different. RECOMMENDATION: Staff recommends that Major Development approval (Conceptual) be granted for 513 W. Smuggler Street, Lots E, F, and G, Block 27, City and Townsite of Aspen, Colorado with the following conditions: 1. The HPC should determine if moving the new house forward five feet would benefit the relationship ofthis house to the adjacent structures, new and old. 2. For Final review, restudy the windows on the front of the new house, particularly the two larger areas of glass, to create a stronger relationship to the way that windows were used sparsely on the miner's cottage. RECOMMENDED MOTION: "I move to approve Resolution # 22<Series of 2002, granting Major Development approval (Conceptual) for the new house at 513 W. Smuggler Street, Lots E, F, and G, Block 27, City and Townsite of Aspen, Colorado, with- I ceaditiene." 68 tworge-6 9 -0 -0 -Lea, Exhibits: Resolution # , Series of 2002 A. Staff memo dated June 12,2002 8 6 94#HJ B. Relevant Design Guidelines C. Front elevation and ground floor plan as presented on May 22,2002 D. Application 4 .. Exhibit B 513 W. Bleeker Street, Guidelines Relevant to Conceptual Review of the New House Building Orientation 11.1 Orient the primary entrance of a new building to the street. o The building should be arranged parallel to the lot lines, maintaining the traditional grid pattern of the site. 11.2 In a residential context, clearly define the primary entrance to a new building by using a front porch. o The front porch should be "functional," in that it is used as a means of access to the entry. A new porch should be similar in size and shape to those seen traditionally. Ill some cases, the front door itself may be positioned perpendicular to the street; nonetheless, the entry should still be clearly defined with a walkway and porch that orients to the street. Mass and Scale 11.3 Construct a new building to appear similar in scale with the historic buildings on the parcel. o Subdivide larger masses into smaller "modules" that are similar in size to the historic buildings on the original site. 11.4 Design a front elevation to be similar in scale to the historic building. o The primary plane of the front should not appear taller than the historic structure. o The front should include a one-story element, such as a porch. Building & Roof Forms 11.5 Use building forms that are similar to those of the historic property. o They should not overwhelm the original in scale. 11.6 Use roof forms that are similar to those seen traditionally in the block. Sloping roofs such as gable and hip roo fs are appropriate for primary roof forms. Flat roofs should be used only in areas where it is appropriate to the context. On a residential structure, eave depths should be similar to those seen traditionally in the context. o Exotic building and roof forms that would detract from the visual continuity of the street are discouraged. These include geodesic domes and A-frames. Driveways & Parking 14.17 Design a new driveway in a manner that minimizes its visual impact. o Plan parking areas and driveways in a manner that utilizes existing curb cuts. New curb cuts are not permitted. 5 000 00 .. o If an alley exists, a new driveway must be located off o f it. 14.18 Garages should not dominate the street scene. See Chapter 8: Secondary Structures. 14.22 Driveways leading to parking areas should be located to the side or rear of a primary structure. o Locating drives away from the primary facade will maintain the visual importance the structure has along a block. See Chapter 8: Secondary Structures. 14.23 Parking areas should not be visually obtrusive. Large parking areas should be screened from view from the street. Divide large parking lots with planting areas. (Large parking areas are those with more than five cars.) Consider using a fence, hedge or other appropriate landscape feature. Automobile headlight illumination from parking areas should be screened from adj acent lots and the street. 6 00 00 4 0 . HARRYTEAGUEARCHITECTS 412 north mill aspen co 81611 t 970 925 2556 f 970 925 7981 mail@teaguearch.com 513 West Smuggler Street Conceptual Review Application - 2 Modifications from Application - 1 In response to feedback from the HPC conceptual review meeting held on May 22,2002, the following modifications have been executed to the Harman Residence: Â· the entry porch has been redesigned with the following changes: -roof plan has been modified to connect to two story element to east -eave line has been recessed 2 feet from front face of two story element -eave height has been adjusted to match eave line of historic resource to west -porch dimensions have been adjusted to be more in proportion with historic resource (9' wide x 6' deep) â€¢ the dormer element above porch has been modified/simplified: -the dormer has been replaced with a narrow two story volume that serves as entry vestibule and eating room on second story -this volume simplifies and unifies front fagacle and is significantly narrower and shorter than main two story element to east. It is also set back 10 feet. â€¢ included in the drawing set is a block plan showing the various setbacks of other structures on the block from a theoretical curb line. -there is no established setback of existing buildings on the block. Setbacks vary from 35' (historic resource) to 43'-6"(533 w. smuggler) -Harman Residence is setback 40', allowing historic resource to read slightly forward on the street -Harman Residence possesses an average setback maintaining a more or less consistent block setback 0 . . . HARRY TEAGUE 4 ARCHITECTS 412 N MILL ST ASPEN CO 81611 970 925 2556 FAX g70 925 7981 mail@teag uearch com drive cons...t information drive ~ip <03/ a % V 9 9 - 14.- m\ / / 1 \ r.-6 property line / /i/â‚¬.111 ~ / . ?1 sell>ack line\ ztz-/ ,-w' 4. i ,/ 7 \--1 1 4 *4'*4 f Â» , 0 CE=-un t 1 ---1- aâ‚¬.// drive \ . 1 -'>ilt--A':-6- 2:-47- 12-,1,-,90- 10'-0. .1 ~7 h. 1 . + - .Ic.lac., 4, 6 44& t/~-0 floor elevation 100'-0" . 4 ).. 1.1 .11 .10"\ 11.1.11 11 : Z = 1.11 1 ~LD . -0 ~ 3 Contour elevation 7895 1 / 1 ~ |~ ||~| Ii-- 0 1 1 1 !~; !.LI-~}-[ i.U:-u 1 / gutter / downspout locations setback line ,~ . 1 1 Â· 1 1 An V<2 ,-/ .1 lot A 9 Â«Al) A .1 -7.F~\ - 61 44 / lot B .r 1 - V 1 / 11 11 ~/1 - 0, 1*+ -- .,1 - -- -- - --- - / \ m....IM 'UPT--1,1 / -/// // , \ f 4 aÂ«Â«07, 1 -1 Z %-49343020<i,x<*6336315-- ' 0 4 A floor elevation 100'-0" 0 5-5252/55700<45<52%/SMS- / â€¢r roftltfff>Â«97 1 0, 37 / .. i =02, contour elevation 7894.5 15'-QL _ 1 V I\/ 1 / lightwel | 1 | ~ i -' # -p-VEE-~ \ ~77 - .' *41611.121 +1 /1~--- 1 lilill= - 1111 (/< --14 I- -1 ./ lili 4 4 64\ , 771 \N Or 1 property line 05.22.02 , g 06.04.02 hpicon/ap- app. Â· 2 ~ 0610.02 progress ~ 1Â»uy . / C. 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A floor height - 7 110'-1- 121'4,11,iÂ·,1 11, rk porch height -_ __ ' 7 107'-4 (tomatchcatinporch) 4 5 99# 1 li 31 3,11 /. 7-- L _I_t~ - & floor height 7 100'-0. iÂ»14Â«4Â»Â»44 12 13*849*Nam&36*%*As-tt~44444Â»itti 0.-1 north elevation scale: 1/4-=1'-0 C Ea B.a' .a E 4 roof height . 7 127'-5 m roof height J 124'-10' 7 i- I Iffl 1 '; 0 p~eheight 1 PE-'-- J 1 Â· , 10[TTTIÂ« ~ 6 floor height ~!" - - -- 1 1 7 110-1 -'-/ f ' 1 /* ..ue 9.24.02 h]C =*ep- ap:N 06-1202 hpiconcephal//0-2 05.22.02 hpc coil"'*ual heell 06.04.02 huc conceptual app. -2 A floor height r- 7 100'-0Â· 3Â«4Â»2Â»14Â«Â»ty<\41 \Â»33/\ 99Â»*XFÂ«\4 Â»99Â»26>\42Â«>Â¤*~@-Ck,.033<2<~><9<4b)....>4,-7: . .52<7.v.<4.:, :~:4 - d:.~n~~-ff--i -f -~- ffi Â·~ ~~64=~muÂ»Â«au Droject no 0107 drawn by rs elevations north & east /11 east elevation 4,9 scale 1/4-=1'-0 1/4-=1'-0- A200 *Â® 39 AA/39Â¢.2*/14 , 1 eoueP!SeJ jeejts Jei65nius iseM Â£ Lg opeJoloo uedse ~ ~ ~ ~ HARRY TEAGUE 4.a * 2.a) ARCHITECTS 412 N MILL ST ASPEN CO 81611 970 925 2556 FAX 970 925 7981 mail@teaguearch com 25 atÂ¥?ve-grade*-- - c 1 f 124Â·-10Â· -root heighiL -_ Ff Consultant Ink*Tnatio~ 606*4975 1 . ..111..- 1 1 11 1 111--]1., 1 .: 1-1-1 -1 1 - 1 --0-~7:i- -I ~77-J Â¢ floor height 110'-1- 1 1 1 1 1111 'IL- -Lili/20 1 93% ./ 444*4 09Â» 1 1 2% 1 777vt.,4,7356,4-\ 299494414-4>Â»Â«3Â«, 094Â«92Â«<tiÂ«>4931Â»4Â«Â»Â«Â»4Â«442ffZ4~ ftftfft3tf4f1tfftrffÂ»f4fi44994ttt4tt1Â» C . ) south elevation 4-1-j scale: 1/4~=1 -0 C.a D.a Â© roof height ~zi . 127'-5' 7 Â¢0 *roofheight 124'-10" I~ - plate height * 118'-7- platell~q~ f . __ 1- 3 - 1 k. 1 . 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A--4 1Jl/Ar â€¢ 2441 *f -3;*rrd77[mergit /1 Â£ 1 9 *AL 1 't~.&4*---. -/*.1 3 I- - 1 1, a T i /1 \\ 1 I 1 f 41@- 44- -0. â€ž45:t ri E--' L .4.-4 5 4 : . 1 I. J . 1 -1 1 F . F 0:-~R'&43.g Â£ I . UAÂ· - 0, : 4= I. 2,2.~/la 2.2 ' 2 Â· ,(t. >f.11]941.:f.eÂ»- . 1... 1~.4..2. 411*k.4...%9,3.41%*11 ., 1, /./4//3,44.1.11 1../...W'64 1 1 * 1 Â· *,4,f f f y*t,94 11 1 '' 1 7 1 . C ~ , 1 ......U ....L'.6 0..if- 1.00* .1 / I 4 .1 ,.i . , t 'Â· I./7 HF '-411-: 4.4*12.....~49.4, NOT FOR CONSTRUCTION i a 8. 11 R' harman residence I x , ; 8 g mÂ·g *.fg 1 1 .. .1 1 . Lili- i , (AN*112 â€¢ -'>131 f t*- r | 9- _ / ~0. .- 4/- - . ' I & '1 -'ti 1 1 11, .~./.=//1*.6..'... A 1- (D , m Â·iii 1,1 !: I ball 10,4.41 - D . w ------1 4,w,il I " ..Im t., 3,1 1,1 Â·Â·'PI 14 Ul" Al :t t \\ , 1 1 1 , / . 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':4Â· 'c .Â·/tâ€¢ Â·Â·:~i....rÂ·- .m tÂ·Â·.4..11Â·4;itÂ·$, 5.1.k~,~~,4 84tjlÂ¢Â·~ NOT FOR CONSTRUCTION ~9 t. <1 trts,fill harman residence I '' !3:~:~ 1.y!-i..)*ti,F,4,1 0 41 Z 513 west smuggler street | , ~1 #111 ' -1 li Q I.lallit,,Ll,i i aspen colorado 08 9 c 1 11 2 m / laA@1 r -1 FUTURE OF 513 WEST SMUGGLER STREET -non original additions to be remove 1 - additions to be removed -historic cabin walls to be temporarily reinforced -temporary support walls to be erected -original cabin to be moved and temporarily store<~4 'G=2202"Ii-2.6 temporary support .alls --~ t on northeast corner of lot 311! 1 -7 '1 6 11 R 11 i -cabin to be relocated and set on new foundation 11 1 and floor on northwest corner of lot 11 11 11 -1 â€¢ 1 .- original cabin footprint -- -- remaining original cabin walls ur I j!,444.= V 441---r--_j #- 1 ' _~ _ loi Nit U L_ _ - 1 Â©VKÂ©F~i'''llilli,tilt r+7 Alit i'TAIi' 6- -7 liti 1 1 i Iii 1 1 11 1 1 Ali1 & 1* Â¢11111 5 1i'~ t'j & CYYLLA, I m 1 111&51) El'111 Eli> il'~1111'f') Ji&11'J]"til?6!1 1E~~''ll'!11!111't'l'1.7\. lili! 1 Ill 1 1 111 r 1,11 Ill I ; 111 Ill j.Â·*-17, v L.A...1141 j .1.1 11.-1 311014"= 4 - - -- .'.'. 1 4 u - ------- 1 i h 86,& t/.../-2 M ------ - 1 F r C Â·tÂ«*50 . A.9* u u .Unni .... -- T.,JW:in '-u'I.... ILE.--al ' 1%23 smuggler street elevation of renovated cabin with addition behind jid 1 4- L_-__ 1 I . L - -L - - 1---- 4 1 A ground level floor plan upper level floor plan .9 d 1 . .e Â£ 13*J':1 -new two-story addition to be . 4 b 2- '4-i~lk- - constructed behind cabin - A -proportions of new addition are derived from cabin 511:741/-bl ------ -building elements use established 14 foot width ./1..$#-ra q -steep roof pitches are maintained -addition is separated from cabin by low single-story element rendering of renovated cabin with addition behind as seen from smuggler street ~ m 111' }Al ll!111 022% 1 1/X 3 114 2141 -4....4./ ~24% *g-*64-2~:E:.,-22.:a.ulÂ·.r=:2---==ze.- ...1221...0......242.=241.-.1.--a . y , -- 31_9 1-'-, 1 8 f El .- mimi -8 -2 818 +Aaj-~ -0 0 . - ---L-1 -1- 11[]11 M A =*.-.- - 1 -- 1 - east elevation of renovated cabin with addition to left west elevation of renovated cabin with addition to right L p hase II ph ase r HISTORY OF 513 WEST SMUGGLER STREET 1 &= - 11 1 = - 7 -1- 1 %1 -566 square foot cabin constructed F ' 01111'f i'111!A L - P/11 134 .,4 9 0...| |# - '...Â·|. r-' '1' 2 7.1...1,Ilt 0 ':1!12\ /7, â€¢il IIi' 11/ -t 4. i . LULL,Â£,4.~13241)-lrL LA , 1 4- 1 -, -/GukE- : 12'-0" L 14'-0" . - 2 ---- ---- 1 j' jÂ« ~ 4, -- --- 8 68=8 , u U 9 11Â¤11114 1 1 1 ' Illilrill-,Ill" "'ll'wiilmlill Il~ H vwlili Ii,lir ~ 1 --1,4 - - 1887: east elevation 1887: east elevation 1887: smuggler street elevation of original cabin ://4~#F L 1841/.* IT -9.-mÂ»= f -333 square foot addition * 2ZZi-7 1 1 - 12=j~- - | constructed to south of cabin ~ 1-1 ZIL Irm@02= 1 - -1 -iÂ» , P/\M 7 7~ 1 [2-11 02430><ELI 1 1 3 ~: 40: f walls remove(~~~~ . 11*1 1 19 lid ~01 -1 1 1 4 1 1... 111_2 1.- 1,1 -11,1 1 141 . ......... -==ae 2-' 1 '1 .... * Ch - b r, -- - - Â·=--* -1227.5 y - F - . Str= -{.- 4 ff / ent 1 3-- - -r-- - 71-4 51_z ! m 5/7 '542_ 1 1.4 SMUGGLER . 3-/7/4. r- I 4 E'De I.-* p ),/ 1904: sanborne fire insurance map c. 1904: photo of cabin with new addition at back rn- 99-1 -cabin extended 16 feet to east -012Â« 1 J - t._14-41211 -rear addition enlarged again .tk:~ 0~.71:~E*/.Ell / 419//9%1/1 =1--=4_-~1_ WEI-'=.~. ' '&:tâ‚¬4~:~:,1 : 2.94/.0.7 97-= -.2 I~ 4=, ====Â»= -- 5<.Â« Â»4*0= -barn moved onto southwest corner **55~g-429~ I barn -414 5 -2.Z#â€¢n,ru=2B~42 of site and connected to house 0,///~ br# 2 '1-1/f::falt~FE:~mel -1,234 square feet of addtns. -- ------------- r - --1=4 F======- - 1 m *'F I .. -- - -- 2-4"--- wall removed~~~~ 1940: barn being moved onto southwest corner of site , . -garage added to iront of barn , .2 , iÂ· . .tâ‚¬L _ -second story added ~' - =f--djEN =ts.â‚¬22 - _ at back of house 1 -==-- 1- E - ...1.4... 0312 L 1 3- --- -/1-*-i / . I 1 , + -1- . 1 1 1 1 11 1 19111111 It ,/.1. 1,111,111111 11111.11111 L 8=L- 1972-present: back of house 1972-present: house as seen from smuggler street L 1 1972-79 1940s pre-1904 1887 4 . trili MEMORANDUM TO: Aspen Historic Preservation Commission THRU: Joyce Ohlson, Deputy Planning Director..1,~SE) FROM: Amy Guthrie, Historic Preservation Officer RE: 513 W. Smuggler- Major Development, Conceptual- Public Hearing DATE: May 22,2002 SUMMARY: Approval has been granted on this site for a historic landmark lot split, and HPC has completed final review of the rehabilitation plans and addition to the existing miner's cottage. The current application involves the design for a residence on the newly created lot. Because the entire site remains listed on the "Aspen Inventory of Historic Landmark Sites and Structures," the proposed building must receive HPC approval and must comply with the "City of Aspen Historic Preservation Design Guidelines" and Aspen Municipal Code. No variances from dimensional requirements are allowed for the new house. The maximum allowable floor area, 2,270 square feet was established through the lot split. APPLICANT: Drew Harman, represented by Harry Teague Architects. PARCEL ID: 2735-124-10-002. ADDRESS: 513 W. Smuggler Street, Lots E, F, and G, Block 27, City and Townsite of Aspen, Colorado. ZONING: R-6 (Medium Density Residential) MAJOR DEVELOPMENT (CONCEPTUAL) The procedure for a Major Development Review, at the Conceptual level, is as follows. Staff reviews the submittal materials and prepares a report that analyzes the project's conformance with the design guidelines and other applicable Land Use Code Sections. This report is transmitted to the HPC with relevant information on the proposed project and a recommendation to continue, approve, disapprove or approve with conditions and the reasons for the recommendation. The HPC will review the application, the staff analysis report and the evidence presented at the hearing to determine the project's conformance with the City of Aspen Historic Preservation Design Guidelines. The HPC may approve, disapprove, approve with conditions, or continue the application to obtain additional information necessary to make a decision to approve or deny. 1 P9 .. The procedures for the review of Major Development projects include a two-step process requiring approval by the HPC of a Conceptual Development Plan, and then a Final Development Plan. Approval of a Conceptual Development Plan shall be binding upon HPC in regards to the location and form of the envelope of the structure(s) and/or addition(s) as depicted in the Conceptual Plan application including its height, scale, massing and proportions. No changes will be made to this aspect of the proposed development by the HPC as part of their review of the Final Development Plan unless agreed to by the applicant A list of the design guidelines relevant to Conceptual Review is attached as "Exhibit B." This memo will discuss only those which staff finds are not met by the proposal. One chapter of the guidelines, Chapter 11, relates specifically to building a new house on a landmark lot. Staff finds that there is conflict with all six standards in this chapter that address conceptual issues: Building Orientation 11.1 Orient the primary entrance of a new building to the street. o The building should be arranged parallel to the lot lines, maintaining the traditional grid pattern of the site. 11.2 In a residential context, clearly define the primary entrance to a new building by using a front porch. The front porch should be "functional," in that it is used as a means of access to the entry. A new porch should be similar in size and shape to those seen traditionally. In sorne cases, the front door itself may be positioned perpendicular to the street; nonetheless, the entry should still be clearly defined with a walkway and porch that orients to the street. Mass and Scale 11.3 Construct a new building to appear similar in scale with the historic buildings on the parcel. o Subdivide larger masses into smaller "modules" that are similar in size to the historic buildings on the original site. 11.4 Design a front elevation to be similar in scale to the historic building. o The primary plane of the front should not appear taller than the historic structure. o The front should include a one-story element such as a porch. Building & Roof Forms 11.5 Use building forms that are similar to those of the historic property. o They should not overwhelm the original in scale. 2 P10 00 0 11.6 Use roof forms that are similar to those seen traditionally in the block. o Sloping roofs such as gable and hip roofs are appropriate for primary roof forms. o Flat roofs should be used only in areas where it is appropriate to the context. o On a residential structure, eave depths should be similar to those seen traditionally in the context. o Exotic building and roof forms that would detract from the visual continuity of the street are discouraged. These include geodesic domes and A-frames. STAFF ANALYSIS: The general comments that introduce Chapter 11 state that the design of a new house on a landmark lot is to reinforce the basic visual characteristics established by the historic resource. This includes the historic building's siting, relationship to the street, basic mass, form, materials, scale, and overall simplicity of design. It is said that a strong connection between the two buildings in terms of these elements is more fundamental than the architectural style of the new construction. In fact, once these relationships are clearly established, the guidelines support contemporary design for new buildings. Staff is concerned though, that overall, the proposed house may not be creating those key ties to the miner's cottage. Guideline 11.1 requires that the entrance to the new house be oriented to the street and that the building be parallel to the lot lines. While that is true of the front plane, and the garage, a substantial part of the house is on a diagonal axis towards Aspen Mountain. How much this will be perceived from the street may best be shown through a model, but in plan view, the orientation of the new house is significantly different than the historic building's. Staff has some concern with the fact that the new and old houses are not aligned along their front setback, since traditionally, buildings were placed at a very similar depth from the street. Guideline 11.2 requires a functional front porch and a clear entry into the building. One of the statements is that the porch should be similar in size and shape to those seen historically. The porch on the historic house is 12' wide and 6'9" deep. The one on the new house is larger, more square in shape (14'6" wide and 10' deep), and has an angled roofline that HPC may or may not find in conflict with the miner's cottage. 11.3 and 11.4 require that the house be in scale with the historic building by breaking the mass down into similarly sized modules, and that the front plane of the building not be taller than the historic resource. There are some components of the front faGade which can be viewed as discernable masses, smaller than the core form of the new house, however, the front faGade is clearly taller than the historic building. In fact, the front gable is 4 feet taller than the ridge on the addition to the historic resource. The plate heights on the new house are higher than those found on the historic structure and addition, which is particularly apparent in the fact that the eavline on the new porch is higher than that on the old porch. Staff finds that there is some sense of "inflection" created by the one story porch on the new house, but overall, it isn't clear that the house is sympathetic to the very low height and small scale of the miner's cottage. 11.5 states that the forms of the new house must be similar to those found on the historic building. Staff can see that in some ways, the front fagade on the new house is an 3 Pll .. abstraction of the miner's cottage. There is a main street-facing gable end, a mass to the side of the gable, and an inset porch. However, staff finds that overall the forms and the composition of the forms that make up the new house are much more complex than found on the historic house. This proposal brings to mind a somewhat comparable HPC approved project at 117 N. Sixth Street. In that case, a very contemporary new house was approved next to a miner's cottage because it had a clear gable roofed central form that was very simple, and the plan was parallel to the lot lines. There were complex forms that hung off of this main mass, but they were pushed to the back of the site. Staff finds that is not the case with 513 W. Smuggler. 11.6 requires the use of roof forms that are similar to those used traditionally, particularly gable and hipped roofs. This house has gable, shed, and fiat roofs. The roof area that staff finds most problematic is the long shed on the main piece of the new house. This long plane is very out of character with the miner's cottage and emphasizes the skewed orientation of the plan. It covers the largest single area of the house, and therefore staff finds it is a major element of the design. Staff cannot support this as being sympathetic to the historic house. Staff finds that the new house at 513 W. Smuggler has too many characteristics that are different than the historic house, which prevents a finding that they are related. While there is significant room for creativity and re-interpretation of historic forms in the new house, it must be remembered that this is a landmark lot, where variances and a floor area bonus for excellent historic preservation have been granted, and HPC must be confident that the new house has been clearly influenced by the adjacent miner's cottage. The issue is not whether the proposed house is a good work of architecture when viewed on its own, but whether it meets the design guidelines and HPC's philosophies about what creates compatibility with a small, modest, 19th century home. The project certainly requires staff and HPC to reflect on the boundaries of their philosophies in this regard. COMPLIANCE WITH OTHER AREAS OF THE LAND USE CODE: Staff finds that the project is in compliance with the "Residential Design Standards." There is one area of the house, a section of flat roof at the southern end of the living room, that is over the height limit. Flat roofs may be no more than 25' above grade. This would have to be amended in order for the project to be approved. RECOMMENDATION: Staff is unable to make a recommendation that the project complies with design guidelines 11.1 through 11.6, which are all ofthe points of direction given for a new house like this one. In particular, the issues around height and scale, and the orientation of the new house, are large enough that staff feels the proposal requires more than "tweaking." If the design were closer to compliance, or if there was some additional information needed that HPC felt was not available at the hearing, continuing for restudy would be justified. Unless HPC finds that to 45 the case, a motion to deny, with clear findings about the areas where the project is 91*0!- compliance, is ~propriate. revot/1 43\Â»U A. Staff memo dated May 22, 2002 / 14- l *f 1 \ t \ *7~ ' -2 / 1 \. g'Ut 12/ Exhibits: B. Relevant Design Guidelines CE 9 - ' C. Final approval for miner's cottage ~ 6 4 6 w 'A ) 26â‚¬Ut i 6 -I D. Application / 4 0 uâ‚¬ 17 4 20 Vulp P12 44 34.V .. Exhibit B 513 W. Bleeker Street, Guidelines Relevant to Conceptual Review of the New House Building Orientation 11.1 Orient the primary entrance of a new building to the street. o The building should be arranged parallel to the lot lines, maintaining the traditional grid pattern of the site. 11.2 In a residential context, clearly define the primary entrance to a new building by using a front porch. o The front porch should be "functional," in that it is used as a means of access to the entry. A new porch should be similar in size and shape to those seen traditionally. In some cases, the front door itself may be positioned perpendicular to the street; nonetheless, the entry should still be clearly defined with a walkway and porch that orients to the street. Mass and Scale 11.3 Construct a new building to appear similar in scale with the historic buildings on the parcel. o Subdivide larger masses into smaller "modules" that are similar in size to the historic buildings on the original site. 11.4 Design a front elevation to be similar in scale to the historic building. The primary plane of the front should not appear taller than the historic structure. The front should include a one-story element, such as a porch. Building & Roof Forms 11.5 Use building forms that are similar to those of the historic property. o They should not overwhelm the original in scale. 11.6 Use roof forms that are similar to those seen traditionally in the block. Sloping roofs such as gable and hip roofs are appropriate for primary roof forms. Flat roofs should be used only in areas where it is appropriate to the context. On a residential structure, eave depths should be similar to those seen traditionally in the context. o Exotic building and roof forms that would detract from the visual continuity of the street are discouraged. These include geodesic domes and A-frames. Driveways & Parking 14.17 Design a new driveway in a manner that minimizes its visual impact. o Plan parking areas and driveways in a manner that utilizes existing curb cuts. New curb cuts are not permitted. o If an alley exists, a new driveway must be located off of it. 14.18 Garages should not dominate the street scene. See Chapter 8: Secondary Structures. 5 P13 000 00 00 .. 14.22 Driveways leading to parking areas should be located to the side or rear of a primary structure. o Locating drives away from the primary facade will maintain the visual importance the structure has along a block. See Chapter 8: Secondary Structures. 14.23 Parking areas should not be visually obtrusive. o Large parking areas should be screened from view from the street. o Divide large parking lots with planting areas. (Large parking areas are those with more than five cars.) o Consider using a fence, hedge or other appropriate landscape feature. o Automobile headlight illumination from parking areas should be screened from adjacent lots and the street. 6 P14 ill 1 01 1 1 m 11 1 0 , I ' I I , i/*P 4- 1 i.1 ~ .Ii 1 , 1 / r . 'f . .1 4 ~'Â·- li' ...19 + I 1 1 l , Ir ...4, --- - - -1 1 / 6 . 4% i 1 Â·-- 1 f 533> + i -rÂ·=Er -- . /' .9 4 1 1 66Â·. i I---I 4--Â· 1, 1 -4 - 9- 4 , 1 Â·Â·,21/ r r.1 1 >20 11 1. *- 1. 14 , 1- 'f , I.-- El â€¢1 4 .12 ~~ I'~ _7-.-= 0 * . 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MEMORANDUM TO: Aspen Historic Preservation Commission THRU: Joyce Ohlson, Deputy Planning Director FROM: Amy Guthrie, Historic Preservation Officer RE: 513 W. Smuggler- Major Development, Conceptual- Public Hearing DATE: May 22,2002 SUMMARY: Approval has been granted on this site for a historic landmark lot split, and HPC has completed final review of the rehabilitation plans and addition to the existing miner's cottage. The current application involves the design for a residence on the newly created lot. Because the entire site remains listed on the "Aspen Inventory of Historic Landmark Sites and Structures," the proposed building must receive HPC approval and must comply with the "City of Aspen Historic Preservation Design Guidelines" and Aspen Municipal Code. No variances from dimensional requirements are allowed for the new house. The maximum allowable floor area, 2,270 square feet was established through the lot split. APPLICANT: Drew Harman, represented by Harry Teague Architects. PARCEL ID: 2735-124-10-002. ADDRESS: 513 W. Smuggler Street, Lots E, F, and G, Block 27, City and Townsite of Aspen, Colorado. ZONING: R-6 (Medium Density Residential) MAJOR DEVELOPMENT (CONCEPTUAL) The procedure for a Major Development Review, at the Conceptual level, is as follows. Staff reviews the submittal materials and prepares a report that analyzes the project's conformance with the design guidelines and other applicable Land Use Code Sections. This report is transmitted to the HPC with relevant information on the proposed project and a recommendation to continue, approve, disapprove or approve with conditions and the reasons for the recommendation. The HPC will review the application, the sta# analysis report and the evidence presented at the hearing to determine the project's conformance with the City of Aspen Historic Preservation Design Guidelines. The HPC may approve, disapprove, approve with conditions, or 1 .. continue the application to obtain additional information necessary to make a decision to approve or deny. The procedures for the review of Major Development projects include a two-step process requiring approval by the HPC of a Conceptual Development Plan, and then a Final Development Plan. Approval of a Conceptual Development Plan shall be binding upon HPC in regards to the location and form of the envelope of the structure(s) and/or addition(s) as depicted in the Conceptual Plan application including its height, scale, massing and proportions. No changes will be made to this aspect of the proposed development by the HPC as part of their review of the Final Development Plan unless agreed to by the applicant. A list of the design guidelines relevant to Conceptual Review is attached as "Exhibit B." This memo will discuss only those which staff finds are not met by the proposal. One chapter of the guidelines, Chapter 11, relates specifically to building a new house on a landmark lot. Staff finds that there is conflict with all six standards in this chapter that address conceptual issues: Building Orientation 11.1 Orient the primary entrance of a new building to the street. o The building should be arranged parallel to the lot lines, maintaining the traditional grid pattern of the site. 11.2 In a residential context clearly define the primary entrance to a new building by using a front porch. o The front porch should be "functional," in that it is used as a means of access to the entry. A new porch should be similar in size and shape to those seen traditionally. In some cases, the front door itself may be positioned perpendicular to the street; nonetheless, the entry should still be clearly defined with a walkway and porch that orients to the street. Mass and Scale 11.3 Construct a new building to appear similar in scale with the historic buildings on the parcel. o Subdivide larger masses into smaller "modules" that are similar in size to the historic buildings on the original site. 11.4 Design a front elevation to be similar in scale to the historic building. o The primary plane of the front should not appear taller than the historic structure. o The front should include a one-story element, such as a porch. Building & Roof Forms 11.5 Use building forms that are similar to those of the historic property. 2 00 .. o They should not overwhelm the original in scale. 11.6 Use roof forms that are similar to those seen traditionally in the block. Sloping roofs such as gable and hip roofs are appropriate for primary roof forms. Flat roofs should be used only in areas where it is appropriate to the context. On a residential structure, eave depths should be similar to those seen traditionally in the context. o Exotic building and roof forms that would detract from the visual continuity of the street are discouraged. These include geodesic domes and A-frames. STAFF ANALYSIS: The general comments that introduce Chapter 11 state that the design of a new house on a landmark lot is to reinforce the basic visual characteristics established by the historic resource. This includes the historic building's siting, relationship to the street, basic mass, form, materials, scale, and overall simplicity of design. It is said that a strong connection between the two buildings in terms of these elements is more fundamental than the architectural style of the new construction. In fact, once these relationships are clearly established, the guidelines support contemporary design for new buildings. Staff is concerned though, that overall, the proposed house may not be creating those key ties to the miner's cottage. Guideline 11.1 requires that the entrance to the new house be oriented to the street and that the building be parallel to the lot lines. While that is true of the front plane, and the garage, a substantial part of the house is on a diagonal axis towards Aspen Mountain. How much this will be perceived from the street may best be shown through a model, but in plan view, the orientation of the new house is significantly different than the historic building's. Staff has some concern with the fact that the new and old houses are not aligned along their front setback, since traditionally, buildings were placed at a very similar depth from the street. Guideline 11.2 requires a functional front porch and a clear entry into the building. One of the statements is that the porch should be similar in size and shape to those seen historically. The porch on the historic house is 12' wide and 6'9" deep. The one on the new house is larger, more square in shape (14'6" wide and 10' deep), and has an angled roofline that HPC may or may not find in conflict with the miner's cottage. 11.3 and 11.4 require that the house be in scale with the historic building by breaking the mass down into similarly sized modules, and that the front plane of the building not be taller than the historic resource. There are some components of the front faQade which can be viewed as discernable masses, smaller than the core form of the new house, however, the front faGade is clearly taller than the historic building. In fact, the front gable is 4 feet taller than the ridge on the addition to the historic resource. The plate heights on the new house are higher than those found on the historic structure and 3 000 .. addition, which is particularly apparent in the fact that the eavline on the new porch is higher than that on the old porch. Staff finds that there is some sense of "inflection" created by the one story porch on the new house, but overall, it isn't clear that the house is sympathetic to the very low height and small scale ofthe miner's cottage. 11.5 states that the forms of the new house must be similar to those found on the historic building. Staff can see that in some ways, the front faâ„¢le on the new house is an abstraction of the miner's cottage. There is a main street-facing gable end, a mass to the side of the gable, and an inset porch. However, staff finds that overall the forms and the composition o f the forms that make up the new house are much more complex than found on the historic house. This proposal brings to mind a somewhat comparable HPC approved project at 117 N. Sixth Street. In that case, a very contemporary new house was approved next to a miner's cottage because it had a clear gable roofed central form that was very simple, and the plan was parallel to the lot lines. There were complex forms that hung off of this main mass, but they were pushed to the back of the site. Staff finds that is not the case with 513 W. Smuggler. 11.6 requires the use ofroof forms that are similar to those used traditionally, particularly gable and hipped roofs. This house has gable, shed, and flat roofs. The roof area that staff finds most problematic is the long shed on the main piece of the new house. This long plane is very out of character with the miner's cottage and emphasizes the skewed orientation of the plan. It covers the largest single area of the house, and therefore staff finds it is a major element of the design. Staffcannot support this as being sympathetic to the historic house. Staff finds that the new house at 513 W. Smuggler has too many characteristics that are different than the historic house, which prevents a finding that they are related. While there is significant room for creativity and re-interpretation of historic forms in the new house, it must be remembered that this is a landmark lot, where variances and a floor area bonus for excellent historic preservation have been granted, and HPC must be confident that the new house has been clearly influenced by the adjacent miner's cottage. The issue is not whether the proposed house is a good work of architecture when viewed on its own, but whether it meets the design guidelines and HPC's philosophies about what creates compatibility with a small, modest, 19th century home. The project certainly requires staff and HPC to reflect on the boundaries o f their philosophies in this regard. COMPLIANCE WITH OTHER AREAS OF THE LAND USE CODE: Staff finds that the project is in compliance with the "Residential Design Standards." There is one area of the house, a section o f fiat roo f at the southern end o f the living room, that is over the height limit. Flat roofs may be no more than 25' above grade. This would have to be amended in order for the project to be approved. RECOMMENDATION: Staff is unable to make a recommendation that the project complies with design guidelines 11.1 through 11.6, which are all of the points of direction given for a new house like this one. In particular, the issues around height and scale, and 4 .. the orientation of the new house, are large enough that staff feels the proposal requires more than "tweaking." If the design were closer to compliance, or if there was some additional information needed that HPC felt was not available at the hearing, continuing for restudy would be justified. Unless HPC finds that to be the case, a motion to deny, with clear findings about the areas where the project is out of compliance, is appropriate. Exhibits: A. Staff memo dated May 22,2002 B. Relevant Design Guidelines C. Final approval for miner's cottage D. Application Exhibit B 513 W. Bleeker Street, Guidelines Relevant to Conceptual Review of the New House Building Orientation 11.1 Orient the primary entrance of a new building to the street. o The building should be arranged parallel to the lot lines, maintaining the traditional grid pattern o f the site. 11.2 In a residential context, clearly define the primary entrance to a new building by using a front porch. o The front porch should be "functional," in that it is used as a means of access to the entry. A new porch should be similar in size and shape to those seen traditionally. In some cases, the front door itself may be positioned perpendicular to the street; nonetheless, the entry should still be clearly defined with a walkway and porch that orients to the street. Mass and Scale 11.3 Construct a new building to appear similar in scale with the historic buildings on the parcel. o Subdivide larger masses into smaller "modules" that are similar in size to the historic buildings on the original site. 11.4 Design a front elevation to be similar in scale to the historic building. o The primary plane of the front should not appear taller than the historic structure. o The front should include a one-story element, such as a porch. Building & Roof Forms 11.5 Use building forms that are similar to those of the historic property. o They should not overwhelm the original in scale. 11.6 Use roof forms that are similar to those seen traditionally in the block. o Sloping roofs such as gable and hip roofs are appropriate for primary roof forms. o Flat roofs should be used only in areas where it is appropriate to the context. 5 /. 00 .. o On a residential structure, eave depths should be similar to those seen traditionally in the context. o Exotic building and roof forms that would detract from the visual continuity of the street are discouraged. These include geodesic domes and A-frames. Driveways & Parking 14.17 Design a new driveway in a manner that minimizes its visual impact. o Plan parking areas and driveways in a manner that utilizes existing curb cuts. New curb cuts are not permitted. o If an alley exists, a new driveway must be located off of it. 14.18 Garages should not dominate the street scene. See Chapter 8: Secondary Structures. 14.22 Driveways leading to parking areas should be located to the side or rear of a primary structure. o Locating drives away from the primary facade will maintain the visual importance the structure has along a block. See Chapter 8: Secondary Structures. 14.23 Parking areas should not be visually obtrusive. o Large parking areas should be screened from view from the street. o Divide large parking lots with planting areas. (Large parking areas are those with more than five cars.) o Consider using a fence, hedge or other appropriate landscape feature. o Automobile headlight illumination from parking areas should be screened from adj acent lots and the street. 6 .. AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OFPROPERTY: 6 / -3> LA/1 Â£ .5 614 01 0 0 (0 6/Aspen, CO SCHEDULED PUBLIC HEARING DATE: 9 1 -27~,1 on_20 ,200 STATE OF COLORADO ) ) SS. County o f Pitkin ) I, 4-31 NA O_â‚¬5 L - 1 IM CJ 4 (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 ofnorice: By the publication in the legal notice section ofan official paper or a paper of general circulation in the City of Aspen at least fifteen ( 1 5) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notide: 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 o f letters not f. less than one inch in height. Said notice was posted at least ten ( 10) days prior to the public hearing and was continuously visible from the .day of , 200 , to and including the date and time o f the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By tie 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 ten (10) days prior to the public hearing, notice was hand delivered or mailed by first class, postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application, and, 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 o f property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) .. Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision 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 otherwise, the requirement of an accurate survey map or other s,ifficient 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. 432Â«i-UÂ«41- 1ignature i The foregoing 'Affidavit of Notice" was aske*ledged before pe this -filay of I~>~10.1 , 200:2 by ,-g Â·>niIE~-' - Al#Lfâ‚¬ NOTICE Mr RE: 513 WEST.SMUGGLER STREET-CONCEPTUAL-4~ WITNESS MY HAND AND OFFICIAL SEAL HPC DESIGN REVIEW . I. NOTICE IS HEREBY GIVEN that a public hearing ' will be held on Wednesday, May 22. 2002 at a ? meeting to begin at 5:00 p.m. before the Aspen Â· i Historic Preservation Commission, City Council My commission expires: t.//-1*745~233> 8 44 questing Conceptual HPC approval for a new house on the newly created lot at 513 West Sinug- ,-1 . gler Street, the east half of Lot F and all of Lot G, Notary Public ~ L' Block 21, City and Townsite of Aspen. f 8/1 RAH .: For further informatgn, contact Amy Guthrie at the Aspen/ Pitkin Community Development De- 91 -4 \ 04728 i partment. 130 S. Galena St., Aspen, CO, (970) 920- . Â¥1 -n Â· ./ 0 5096, amyg@ci.aspen.co.us.s/Suzannah Reid, Chair ~ < 32.. 0 Aspen Histole Preservation Qmmission Published In The Aspen Times on May 4.2002. ~ 18694) ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED B Y MAIL .. AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: Â£3 ) 16 lit.7 5 Ll,A k/( 63\/"F /O (4pen, CO SCHEDULED PUBLIC HEARING DATE: ,200 4 1 24) 0 Â«~ \1 STATE OF COLORADO ) ) SS. County of Pitkin ) I, j CA L/(A cd_ 3 L--- 1 <M Jt (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: rÂ« 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, 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 ten (10)'days prior to the public hearing and was continuously visible from the day of , 200 , to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. . Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described ih Section 26.304.060(E)(2) of the Aspen Land Use Code. At least ten (10) days prior to the public hearing, notice was hand delivered or mailed by first class, postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application, and, 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. (contimied on next page) .. Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision o f 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 o f an accurate survey map or other Stifficient 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. : ~3*lature The foregoinc ;Affidavit of Notice" was ac~owledged before me thist--3 day Of /49,~ 7 1 , 2002, by --1/Â« 1 1 41 7--)-~ 9. W M WITNESS MY HAND AND OFFICIAL SEAL â€¢0 PUBLIC NOTICE ~f RE: 513 WEST SMUGGLE, :STREET FINAL HPC DE-~ ' SIGN REVIEW ~ NOTICE IS HEREBY GIVEN that a public hearing My commission expires: 42--~ will be held on Wednesday, April 24, 2002 at a His;Ze ]:oresetlttn JomiÂ·rlstt city ecZCS; ~ Chambers, City Hal], 130 S. Galena St. Aspen, to -0- L_...~elâ‚¬,-1 -/eL <e ? >LX .34Â§1 consider an application submitted by Ikew Har-, man represented by Harry Teague Architects re- questing Final HPC design approval for the prop- ~ Notary Public -#G-7 GA,g ..6 erty located at 513 West Smuggler Street. Lots E, ~ F, and G, Block 21, City and Townsite of Aspen. For further information, contact Amy Guthrie at the Aspen/ Pitkin Community Development De- partmerit. 130 S. Galina St., Aspen, CO, (970) 920-~ 5096, amyg@ci.aspen.co.us. s/Suzannah Reid, Chair ~ Â°OCOR~9 1, Aspen 11.. )rtc Preservation Commission Published in The Aspen Times on April 6,2002. (8584) ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL , .. RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION APPROVING AN APPLICATION FOR FINAL DEVELOPMENT FOR THE PROPERTY LOCATED AT 513 W. SMUGGLER STREET, LOTS E, F, AND G, Block 27, CITY AND TOWNSITE OF ASPEN, COLORADO RESOLUTION NO. 14, SERIES OF 2002 Parcel ID #: 2735-124-10-002 WHEREAS, the applicant, Drew Harman, represented by Harry Teague Architects, has requested Final Development approval for the property located at 513 W. Smuggler Street, Lots E, F, and G, Block 27, City and Townsite o f Aspen, Colorado; and WHEREAS, all development in an "H," Historic Overlay District or development involving a historic landmark must meet all four Development Review Standards of Section 26.72.010(D) of the Aspen Land Use Code in order for HPC to grant approval, namely: 1. Standard: The proposed development is compatible in general design, massing and volume, scale and site plan with designated historic structures located on the parcel and with development on adjacent parcels when the subject site is in a "H," Historic Overlay District or is adjacent to an Historic Landmark. 2. Standard: The proposed development reflects and is consistent with the character of the neighborhood of the parcel proposed for development. 3. Standard: The proposed development enhances or does not detract from the historic significance o f designated historic structures located on the parcel proposed for development or on adjacent parcels. 4. Standard: The proposed development enhances or does not diminish from the architectural character or integrity of a designated historic structure or part thereof; and WHEREAS, Amy Guthrie, in her staff report dated April 24,2002 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 April 24, 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 final development for the property located at 513 W. Smuggler Street, Lots E, F, and G, Block 27, City and Townsite o f Aspen, Colorado, finding that the review standards are met, with the following conditions: 1. The roof on the historic house is to be wood shingles. 2. Provide a cut sheet for any new wood windows or doors that must be installed on the outside of the historic house for review by staff and monitor. 3. Confirm what paving material will be used for the front sidewalk. 4. Confirm that the site plan represents all major landscaping that is to take place. 5. HPC has granted a 10 foot rear yard setback variance, a 20 foot combined front and rear yard setback variance, and a 500 square foot FAR bonus. 6. Provide a structural report demonstrating that the buildings can be moved and/or information about how the house will be stabilized from the housemover. 7. Provide a bond or letter of credit in the amount of $30,000 to insure the safe relocation of the structure. 8. Provide a relocation plan detailing how and where the building will be stored. 9. Information on all venting locations and meter locations not described in the approved drawings shall be provided for review and approval by staff and monitor when the information is available. 10. Submit a demolition plan, as part of the building permit plan set, indicating exactly what areas of the historic house are to be removed as part of the renovation. 11. Submit a preservation plan, as part of the building permit plan set, indicating what materials on the exterior of the house are historic, and how those materials, which are to be retained, will be restored. The requirement is to retain/repair all original materials and replicate only those that are determined by HPC staff and monitor to be beyond salvage. 12. No elements are to be added to the historic house that did not previously exist. No existing exterior materials other than what has been specifically approved herein may be removed without the approval of staff and monitor. 13. HPC staff and monitor must approve the type and location of all exterior lighting fixtures. 14. There shall be no deviations from the exterior elevations as approved without first being reviewed and approved by HPC staff and monitor. 15. The preservation plan described above, as well as the conditions of approval will be required to be printed on the cover sheet of the building permit plan set and all other prints made for the purpose o f construction. 16. The applicant shall be required to provide the contractor with copies of the HPC resolution applicable to this project. The contractor must submit a letter addressed to HPC staff as part of the building permit application indicating that all conditions of approval are known and understood and must meet with the Historic Preservation Officer prior to applying for the building permit. .. 17. The General Contractor and/or Superintendent shall be required to obtain a specialty license in historic preservation prior to receiving a building permit. APPROVED BY THE COMMISSION at its regular meeting on the 24th day of April, 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 411 0 VI i c MEMORANDUM TO: Mayor Klanderud and City Council THRU: Julie Ann Woods, Community Development Director Â»ECEIVED Joyce Ohlson, Deputy Planning Director \1 APR 2 4 2002 FROM: Amy Guthrie, Historic Preservation Officer ASPEN i PITKIN COMMUNITY DE\./El-OPMENT RE: 513 W. Smuggler Street- Historic Landmark Lot Split, Second Reading of Ordinance No. 12, Series of 2002 DATE: April 22,2002 SUMMARY: The applicant requests Council approval to subdivide a 9,006 square foot historic property into two 4,503 square foot parcels. HPC recommended Council approval of this project on March 13, 2002. They have also agreed conceptually to the owner's plan to remove a large addition from the miner's cottage on the site, to restore the cottage to its original appearance, and to make a more sympathetic addition behind it. At a future date, HPC will review the design of a new detached house that will be built on the eastern portion of the site as a result of the lot split. The total floor area of the two houses will be equal to what would be allowed without the subdivision. APPLICANT: Drew Harman, owner, represented by Harry Teague Architects. PARCEL ID: 2735-124-10-002. ADDRESS: 513 W. Smuggler Street, Lots E, F, and G, Block 27, City and Townsite of Aspen, Colorado. ZONING: R-6 (Medium Density Residential) 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 ofthe 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 4,503 square feet in size, which conform to the 3,000 square foot minimum set for Historic Landmark Lot Splits. Council has recently adopted new benefits for historic properties, pursuant to Section 26.420, which states that affordable housing mitigation will not be required. 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 ogice 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 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 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 alot split. Staff Finding: No dwelling units will be demolished as part of this proposal. g) Maximum potential buitdout 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: The applicant will construct a single family house on each lot. 26.480.030(A)(41, SUBDIVISION EXEMPTIONS, HISTORIC LANDMARK LOT SPLIT The split of a lot that is a designated historic landmark for the development of one new single-family dwelling. The Historic Landmark Lot Split shall meet the requirements of section 26.88.030(A)(2), section 26.100.050(A)(2)(e), section 26.72.010(G) of this Code, and the following standards: a) The original parcel shall be a minimum of 9,000 square feet in size and be located in the R-6 zone district or a minimum of 13,000 square feet and be located in the R-15A zone district. Staff Finding: The subject parcel is 9,006 square feet and is located in the R-6 zone district. b) The total FAR for both residences shall not exceed the floor area allowed for a duplex on the original parcel. The total FAR for each lot shall be noted on the Subdivision Exemption Plat. Staff Finding: The maximum floor area for a duplex on the fathering parcel is 4,080 square feet, and a 500 square foot bonus has been approved by HPC. The applicant plans to allot 2,330 square feet to the parcel with the old house and 2,250 square feet to the new home. Bonus FAR for garages may also be applied. 3 .. c) The proposed development meets all dimensional requirements of the underlying zone district. HPC variances and bonuses are only permitted on the parcel that contains a historic structure. Staff Finding: The applicant has been granted a floor area bonus and setback variances for the redevelopment of the historic house. No variances may be awarded to the new lot. 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: Currently, there are no standards for reviewing exemption requests; the exemption is by right for historic landmark lot splits. 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 March 13, 2002 and Council will hold a hearing at Second Reading of this Ordinance. RECOMMENDATION: Staff and HPC recommend that Council approve the request for a Historic Landmark Lot Split at 513 W. Smuggler Street. RECOMMENDED MOTION "I move to adopt Ordinance No. 12, Series of 2002, for a Historic Landmark Lot Split at 513 W. Smuggler Street, Lots E, F, and G, Block 27, City and Townsite of Aspen, Colorado." CITY MANAGER COMMENTS: Exhibits: Ordinance No. 12, Series of 2002 A. Staff memo dated April 22,2002 B. Application 4 .// - 0 0 { ATTACHMENT 1 LAND USE APPLICATION FORM 1. Project name H-A'ZMAR 'BEslog.JLE 2. Project location 5/3 Wes-r .S,v,#44'.Em .577Â©EvT- : /13:Pew. Co 0,-ocK- 2-7 1 Lo-a E,F.4 (indicate street address, lot and block number or metes and bounds description) 3. Present zoning Z Â·G 4. Lot size 80.06'* 100.04 = 1006 4 5. Applicant's name, address and phone number Dgew 66,â€¢.W .St 3 \Jar 5$19 (tuâ‚¬'t 51-zar : Apâ‚¬e 156-.6,343 6. Representative's name, address, and phone number Nwrev -7@6,~Â£ 74,#077Et'75 4 12- Aownâ€¢ M ki 61-Zerr z AsPEN 425' iSS:L 7. Type of application (check all that apply): Conditional Use Conceptual SPA >< Conceptual HPC Special Review Final SPA >< Final HPC 8040 Greenline Conceptual PUD Minor HPC Stream Margin Final PUD Relocation HPC Subdivision TexUMap Amend. Historic Landmark GMQS allotment GMQS exemption Demo/Partial Demo View Plane Condominiumization Design Review ><C Lot SpliULot Line Appeal Committee Adjustment 8. Description of existing uses (number and type of existing structures, approximate sq. ft., number of bedrooms, any previous approvals granted to the properly) 4 BecoooM 121176;ACE. -n,10Â· 5-172'~ 91720(-7vite - APP"9< 1 365:t) 0 INGLUHES. .560 + Vic-re,zi,w /11.hEÂ®$ O,al.) 9. Descriptiori of development application L.OT SPUT #Ar,-0 1,10 45'400' l-07-1 WGJT- 601- : DEMOL.15â€¢#t *9971061 - FELOC,421â‚¬ 4,07 12â‚¬44,4-7-E râ€ž31,0 40*yritull- 7-33,0 * 4â‚¬W *056 (560+ c..1. 4- 11-10 fr 'Ge,no.;j - 4 Meme.44,4 EN:r Lo-f'Â· cD.ls-rzvc.r 1-150 + New #lusE - 4 Beemooms 10. Have you completed and attached the following? Attachment 1- Land use application form Attachment 2- Dimensional requirements form Response to Attachment 3 Response to Attachments 4 and 5 .. HARRYTEAGUEARCHITECTS 412 north mill aspen co 81611 t 970 925 2556 f 970 925 7981 mail@teaguearch.com 513 West Smuggler Street Conceptual Review Application Responses to Attachment 5 written description of proposal This proposal is for a Historic Landmark Lot Split at 513 West Smuggler Street. The existing 90.06' x 100.00' (9606 s.f.) lot would be split into two 45.03' x 100.00' (4503 s.f.) lots. Following the lot split, the proposal includes the relocation and renovation of, and addition to the residence on the new western lot of 513 West Smuggler Street, as well as the construction of a new residence on the new eastern lot. The existing structure is an approximately 3,650 square foot, two story residence with four bedrooms and an ADU. The residence is built around an original 560 square foot Victorian miner's cabin. The cabin is on the Smuggler Street elevation, but an addition has distorted the cabin by extruding its east wing into a long element, making it difficult to read the size of the cabin, or to distinguish the cabin from the current addition. The recent additions to the house have little relation to the original cabin. The owner proposes to demolish the existing addition, preserving and renovating only the historic cabin. The cabin is to be relocated to the northwest end of the western lot, set back ten feet from the northern property boundary. The new addition will consist of a 'U' shaped gabled element connected to the back of the original cabin footprint allowing the cabin to retain it's position as the sole element along the street. The proportions of these gabled elements are derived from the Victorian structure-the gable elevations preserve the fourteen foot width of the cabin gables, and will appear similar in scale and proportion to the cabin. The original north elevation and parts of the west elevation are fairly intact and will be restored, but the east facade of the cabin will need to be reconstructed as it does not exist in the current layout. The proposed remodel aims to restore the integrity of the original Victorian cabin. It does this in part by removing additions that confuse the distinction between old and new. Furthermore, the proposed construction is consistent in scale and proportion to the original. However, the new building elements do not attempt to imitate the historic cabin, but rather to complement it. The materials used in the new part of the residence will be subdued in color and texture; details such as roof eaves will be minimal and contemporary, and will contrast with the traditional detailing of the cabin. Our intention is to provide a contemporary backdrop that respects and highlights the historic structure. .. AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 9-3 \At 5 Al,lgil~ c.10 , Aspen, CO SCHEDULED PUBLIC HEARING DATE: Z~/~ 272_/632-- , 200_ STATE OF COLORADO ) ) SS. County of Pitkin ) I, 4--~4 1,,t/ltts. L & M al f (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 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 ofthe publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Departmen which was made of suitable, 4 waterproof materials, which w-,3 rot less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed o f letters noc 4 less than one inch inheight. Said notice was posted atleast ten(10) days prior to the public hearing and was continuously visible from the day of , 200 , to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. -4.-C Mailing of notice. By the mailing o f a notice obtained from the Community . p Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least ten (10) days prior to the public hearing, notice was hand delivered or mailed by first class, postage prepaid U.S. mail to all owners of property within three hundred (300) feet o f the property subject to the development application, and, 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 o f property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) -=?St-.. .. 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 o f 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. 064-4/87 I >#gnature V 412. The forigoing "Affidavit ofNotice" was acknowledged before,yl~'8~ of Â©ng, -,47 , 2002 by h/3 ----EL-- 4-7 PUBUC NOTICE RE: 513 WEST SMUGGLER STREET HISTORIC WITNESS MY HAND AND OFFICIAL SEAL LANDMARK LOT SPLIT NOTICE IS HEREBY GIVEN that a public hearing will be held on Minda April 22,2002 at a meet- ing to begin at 5:00 p.m. befork the Aspen City My commission expires: 4413 /02=ex# Council, City Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application sub- mitted by Drew Harman represented by Harry Teague Architects requesting approval of a his- â‚¬ . CEI>~297-~ torie landmark lot split of the property located at 513 West Smuggler Street, Lots E, K and G, Block 1 Notary Public 21, City and Townsite of Aspen. For further information, contact Amy Guthrie at the Aspen/ Pitkin Community Development De- partment, 130 S. Galena St., Aspen, CO, (970) 920- i 0 5096. amyg@ci.aspen.co.us. s/Helen Kalin Klanderud, Mayor S/Â·RAH 1 OATES Aspen City Council Published in The Aspi.1 Times on March 30,2002. % Di t. (8554) 1, . >1 . 449PCO\.9 ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL HARRY TEAGUE AREHITETT S 412 north mill aspen co 81611 t 970 925 2556 f 970 925 7981 mail@teaguearch.com 513 West Smuggler Street Conceptual Review Application Responses to Attachment 3 1 1 1 .. .. 1 1 1 December 19, 2001 Drew Harman 513 West Smuggler Street Aspen, CO 81611 tel: 970.925.6343 Amy Guthrie Historic Preservation Officer City of Aspen Community Development Department Dear Amy, 1 This letter authorizes Harry Teague Architects (412 North Mill Street; Aspen, CO 81611; tel: 970.925-2556) to act as my representative in the HPC review process for the proposed significant development at 513 West Smuggler Street. 1 Sincerely, ' 0- 6-- --- 4 1 Drew Harman 1 1 1 1 1 ALTA OWNER'S POLICY - 10-17-92 2 , 1 16 POLICY OF TITLE INSURANCE ISSUED BY STEWART TITLE GUARANTY COMPANY SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, STEWART TITLE GUARANTY COMPANY, a Texas corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused this policy to be signed and sealed by its duly authorized officers as of the Date of Policy shown in Schedule A. STEWART TITLE 1 /1* 47 A GUARANTY COMPANY . C k,44//, /4,111.GO#- chairn;kof the Boar~_ 1%(#*N44~ ~9%~Â».) $-aL iti A 0-8 4191' 1-9 Cg,Eersigned: i.>..2*. ,/*, \23% /0 1-26 - --*fECk*re-countersignhture - Chuck Dom STE;VART TKLE OF ASPEN, INC. Agent ID #06011A EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice o f a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured linder this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason oftbc operationL .p.- of federal bankruptcy, state insolvency, or similar creditors' rights laws; that is based on: (a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (b) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential ~ -~ transfer mults from thefailure: (i) to timely record the instrument of transfer; or (ii) of such rccordation to impart notice to a purchaser for value or a judgment or lien creditor. 1 Serial No. O-9701-77373 1 .. CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS. The following terms when used in this policy mean: (a) Insured": the insured named in Schedule A, and, subject to any rights or defenses the Company would have had against the named insured, those who succeed to the interest of the named insured by operation of law as distinguished from purchase including, but not limited to, heirs, distributees, devisees, survivors, personal representatives, next of kin, or corporate or fiduciary successors. (b) "insured claimant": an insured claiming loss or damage. (c) "knowledge" or "known": actual knowledge, not constructive knowledge or notice which Â·may be imputed to an insured by reason of the public records as defined in this policy or any other records which impart constructive notice of matters affecting the land. (d) "land": the land described or referred to in Schedule A. and improvements affixed thereto which by law constitute real property. The term 'land" does not include any property beyond the lines of the area described or referred to in Schedule A, nor any right, title, alloys, ~ interest, estate or easement in abuttingstreets, roads, avenues, lanes, ways or waterways, but nothing herein shall modify or limit the extent to which a right of access to and from the land is insured by this policy. (e) "mortgage-: mortgage, deed of trust, trust dccd, or other security instrument. (0 "public records": records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. With respect to Section Ha) Ov) of the Exclusions From Coverage, "public records" shall also include environmental protection liens filed in the records of the clerk of the United States district court for the district in which the land is located. (g) "unmarketability ofthe title": an alleged or apparent matter affecting the title to the land, not excluded or excepted fre~ *overagÂ©, ~ which would entitle a purchascr of the estate or intcrest described in Schedule A to be releascd from thc obligation to purchasc by Â¥irtue of. a contractual condition requiring the delivery of marketable title. 2. CONTINUATION OF INSURANCE AFrER CONVEYANCE OF TITLE. The coverage ofthis policy shall continue in force asof DateofPolicy in favor of an: insured only so long asthc insured retains an ~ estate or intcrust in the land, or holds an indcbtcdness secured by a purchase money mortgage given by a purchaser from the insured, or only so long as the insured shall have liability by reason of covenants of warranty made by the insured in any transfer or conveyance o f the estate or interest. This policy shall not continue in force in favor of any purchaser from the insured of either 0) an estate or interest in the land, or (ii) an indebtedness secured by a purchase money mortgage given to the insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT. The insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section Â«a) below, (ii> in case ~ - knowledge shall come to an insured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as insured, and whichmight cause loss or damage for whichthe Company may be liable by virtue ofihis policy, or (iii) if title to thecstate or interest, as insured, is mjected as unmarketable. If prompt notice shall not be given to the Company, then as to the insured all liability ~ of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify thc Company shall in no casc p=judice the vights of any insured underthis policy unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED CLAIMANT TO COOPERATE. (a) Upon written request by the insured and subject to the options contained in Section 6 of these Conditions and Stipulations, the Company, at its own cost and without unreasonable delay, shall provide forthe defense of an insured in litigation in which any third party asserts a claim adverse to the title or interest as insured, but only as to those stated causes of action alleging a defect. lien or encumbrance or other matter insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the insured to object forreasonablc cause) torepresent thc insured as to those stated causes of action and shall not bc liable for and i wil}not pay the feeof *ny othertounsel. The Compariy wili net pay any fees. costs or expenses incurred by the insured in the defense of 0~Â·il ~'Â¥*jg cause. of,dtionwtich kilege maucnnotinsumÂ¢*gainst bythispolicy. 1 373ff' -0)7heCompany shallhavothe right, atits*.wncest.toinstitutcand prosecute any action or proceeding or to do any other act which F ~kits opinion may be necessary or dcsirable to establish the title to the estate or interest, as insured, or to prevent or reduce loss or damage to Â·the insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable hereunder, and shall not thereby concede liability or waivc any provision of this policy. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (c) Whenever the Company shall have brought an action or interposed a defense as required or permitted by the provisions of this I policy, the Company may pursue any litigation to final determination by a court ofcompetent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from any adverse judgment or order. (d) In all cases where this policy permits or requires the Company to prosecute or provido for the defense of any action or pnoceed- ing, the insured shall secure to the Company the right to so prosecute or provide defense inÂ· the action or proceeding, and all appeals therein, and permit the Company to usc, at its option, the name of the insured forthis purpose. Whenever requested by the Company, the insured, at the Company's expense. shall give the Company all reasonable aid (i) in any action or proceeding, securing evidence, obtaining -- witnesses, prosecuting or defÂ©nding the action or proceeding, or cffecting settlement, and (ii> in any other lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as insured. If the Company is prejudiced by the failure of the insured to furnish the required cooperation, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such ~ Cooperation. 1 . . - ~ ALTA OWNER'S POLICY SCHEDULE A ~ Order Number: 00026636 Policy No.: O-9701-77373 Date of Policy: June 21, 2000 at 3:28 p.m. 1 Amount of Insurance: $ 2,575,000.00 1. Name of Insured: 1 Andrew J. Harman . 2. The estate or interest in the land which is covered by this policy is: 1 .4 lit,~=1, FEE SIMPLE I .A' k~'~ I. '' ' 4 . Â·.iÂ·; Â·.>C,Â·Â·t Â·Â·,1 ..~Â·2.4/, 73 :Â·Â»)1 12;,Z!., 35[2iur :kir,Vâ€¢: j-'Â·wi I. I -7, Â·Â· , i .-0 U. j -~t:N:;7. Â·Â·.Â£ ... i.).I" 7 Â·Â·Â·' .cru'L<72/ 134 . 4 3. ntle to the estate or interest in the land is vested in: Andrew J. Harman i h 1 0 ~ 4. The land referred to in this policy is described as follows: Lots E, F AND G, Block 27, CITY AND TOWNSITE OF ASPEN COUNTY OF PITKIN, STATE OF COLORADO 1 1 1 .. ~ALTA OWNER'S POLICY SCHEDULE B Order Number: 00026636 Policy No.: 0-9701-77373 This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) ~ which arise by reason of: 1. Rights or claims of parties in possession, not shown by the public records. ~ 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. ~ 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished. imposed by law and not shown by the public records. ~ 5. Unpatented mining daims; reservations or exceptions in patents. or an act authorizing the issuance thereof; water rights claims or title to water. 6. Taxes and Assessments for the year 2000, not yet due and payable, and subsequent years and any special assessments not yet certified on the tax rolls of Pitkin County. 7. Exceptions and reservations as set forth in the Act authorizing the issuance of the Patent for the Cit9 and Townsite of Aspen recorded March 1, 1897 in Book 139 at Page 216 as Reception No. 60156, and reservations as set froth in Deed from the City of Aspen. 8. Encroachments of fencing into Smuggler Street and alley as shown on survey by Aspen Survey Engineers dated October, 1999; Job No. 16323 and recorded December 14, 1999 in Plat Book 52 at Page I5 as Reception No. 438576. NOTE: Smuggler Street encroachment is permitted under Revocable Encroachment License by the City of Aspen recorded April 3, 2000 as Reception No. 441891, subject to the terms, conditions and restrictions set forth therein. 9. A Deed of Trust dated June 21, 2000, executed by Andrew J. Harman, A Single Person, to the Public Trustee of Pitkin County, to secure an indebtedness of $1,000,000.00, in favor of Wells Fargo Home Mortgage, Inc., recorded June 21, 2000 as Reception No. 444422. 1 . . ENDORSEMENT FORM 110.1 (Rev. 5/95) - ~ _ ENDORSEMENT AlTACHED TO AND MADE A PART OF POLICY OF TITLE INSURANCE SERIAL NUMBER O- 9701-77373 ISSUED BY 1 STEWART TITLE GUARANTYCOMPANY HEREIN CALLED THE COMPANY 1 Order No.: 00026636 Said Policy is hereby amendedÂ·by deleting paragraphs 1 throu 4 , inclusive, of Schedule B. 1 This endorsement is made a part of the policy and is subject to all of the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and any prior endorsements,- nor does it extend the effective date of the policy and any prior endorsements, nor does it increase the face amount thereof. 1 Signed under seal for the Company, but this endorsement is to be valid only when it bears an 1 authorized countersignature. 1- 1 1 STEWART TITLE tp,4 + it;.Â·97~~291/ ~ GUARANTY COMPANY Glti . 0. /pe <44/ Chai rman of the Boar~_ t#:4â‚¬22'bls' : & C#/ President L IM%1908 442/ Coptersigned: f \4 .9/5rri 1 0--6,211/ ./ Authot;12â‚¬3 Countersignature 1 5rEWART TrrLE OF ASPEN, INC. Agent ID #0601 1A Serial No. E- 9851-90020 1 .. CONDITIONS AND STIPULATIONS Continued + DROOF OF LOSS OR DAMAGE. In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been provided the Company, a proof of loss or damage signed and sworn to by the insured claimant shall be furnished to the Company within 90 days after the insured claimant shall ascertain the facts giving rise to the loss or damage. The proof ofloss or damage shall describe the defect in, or lien or encumbrance on the title, or other matter insured against by this policy which constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the insured claimant to provide the required proof of loss or damage, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such proof of loss or damage. In addition, the insured claimant may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgen, checks, correspondence and memoranda, whether bearing a date before or after Date of Policy, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the insured claimant shall grant its permission. in writing, for any authorized representative of the Company to examine, inspect and copy atl records, books, ledgen, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the insured claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the insured claimant to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in this paragraph shall terminate any liability of the Company under this policy as to that claim. 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OFLIABILITY. In case of * claim under.this policy, the Comp*ny sball have the following additional options: (a) To Pay or Tender Payment of the Amountorinsurance. To pay or tender payment ofthe amount of insuonce under this policy:togethor with any costs, attorneys' fecs and expenses incurred by the insured claimant, which were authorized by tbe Company. up to the time ofpayment or tender of payment and which the company is obligated to pay. Heo,4,'.997" hy 1,9,Â°99,9 0,40 9044, 0% liability and obliplions to thel#,1,- under,hts poncy, other than to make tho payment required, shall * 1 2 Jermicate, includi:* p,or *ability orÂ· obliption.to 46*od, projectik w coÂ»Q#uÂ¢ any Ht,gation, and tho policy shallÂ·be suire:ki?~ed to the Company for cancellation, ## Toray or.Othea./40 Se*VRÂ¢66,#esOÂ¢-than:14. Iasâ€¢~dar-Viththetifyd'Ctl~986 .'. >. .. :2 4!98* 0 .44.741*54* 0,Â¥RMÂ¥â€ž 4 8.1,4,4~9 kâ‚¬,0s?,~,4 Â¢*im=* *09 44 *54eg 2~~uoBer this policy, toge:hc: with any costs, -.9.%- 4.9.-Aule.--Â»0*15':i attor*yi' fcÂ¢I . -ffs- ' 6/nh lrt. T.-2 -[, ':.'.. ~which w.0-AuOILX~Â£d,~bA.~,.~,â€žMa,'1#W6,Â§g#6,# p,yo,ns an*Â¥,bish th,Co-anyis.obii#itcdto yi#f~in.*414"n"MIO:tor.damage preyiÂ¢iffer undorthiâ€¢ policy,046:*ther0with.#nytcests, 0;torneys' fees and;*cages inou.od#by*,ti,Ianed*1=4~# whia wm,*69'i~*1649 Compâ€¢n,4Â¢4014tim;29.yment wd which the eon,Any islb~au#4~~ Pâ€¢yÂ· ,. *dau=*=rcilâ€¢'by:*#Company-otpith,roflho:optionipcovidcd foria paragraphs fb)(6 or 0}). Â·* *g#*Ii,NlÂ¢tigations te :66'i;â€¢:ced underthis,policy for the 7 â€¢h:"913 01â€¢im,~~,Erâ€¢511.113,3;ImilÂ»att. p.*?cnt, requi!4.Jp bcymadc. shâ€¢U~terminate. including any liability or obligatin to defbnd, mosccute or continue any liti~ation. 7. DETERMINANON. EX#*HUr OF UAAINyÂ¥ AND COINSURANCE. Thi* policy D *.con#act ofindÂ¢mnity against actual monetary Joss or damage sustained or incurred by the insured claimant who bas suffered loss or damage by reason of mattenÂ·insured Ag,inst by this policy add onty-to thc cxsent herein described. (a) The liability of the Company under this policy shall not exccod the least of: (i) the Amount of bsurance *ated in Schedul. A; or. GO thÂ¢ difference between the value ofthe insuredestate or interest as insured andthe value of the insured estate or interest subject to thÂ¢ defect, lien or cneurn- brance insured against by this policy. (b) In the event the Amount of Insurance stated in Schedule A at the Date of Policy is less than 80 percent of the value of the insured estate or interest or the full consideration paid for the land, whichever is less, or if subsequent to the Date of Policy an improvement is crected on the land which increases the value of the insured estate or interest by at least 20 percent over the Amount of Insurance stated in Schedule A, thcn this Policy is subject to the following: 01) where no subsequent improvement has been made, as to any partial loss, the Company shall only pay the loss pro rats in the proportion that the amount of insurance at Date of Policy bean to the total value of-the insured estate or interest at Date of Policy; or (ii) where a subsequent improvement has been niade, a, to any partial loss, the Company shall only pay the loss pro rata in the proportion that 120 percent of the Amount of Insurance stated in Schedule A bears to the sum of the Amount of Insurance stated in Schedule A and the amount expended for the improvement. The provisions of this paragraph shall not apply to costs, attorneys' fees and-expenses for which the Company is liable under this policy, and shall only apply to that lion of any loss which exceeds, in the aggregate, 10 percent of the Amount of Insurance stated in Schedule A. (c) The Company will pay only those costs, attorneys' fees and expenses incurred in accordance with Section 4 of these Conditions and Stipulations. 8. APPORTIONMENT. If the land described in Schedule A consist: of two or more parcels which are not used as a single site, and a loss is established affecting one or more of the parcels ~ut not all, the loss shall be computed and settled on a pro rata basis as if the amount of insurance under this policy was divided pro rats as to the value on Date of Policy f each separate parcel to the whole, exclusive of any improvements made subsequent to Date of Policy, unless a liability or value has otherwise been agreed upon as to ear- 491 by thc Company and the insured at the timeofthe issuance of this policy and shown by an express statement or by an endorsement attached to this policy. 1 (continued and concluded on last page of this policy) (ALTA Owner's Policy) -- 0 0 ~. LIMITATION OF LIABILITY. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures the lack of a right of access to or from the land, or cures the c Â·f unmarketability of title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall iW fully perfbrmed its obligations with respect to that maner and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, thc Company shall have no liability for loss or damage until there has been a final determination by a court ofcompetentjurisdiction, and disposition ofall appeals therefrom, adverse to the title as insured. (c) The Company shall not be liable for loss or damage to any insured for liability voluntarily assumed by the insured in settling any claim or suit without the prior ~written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY. All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tanto. ~11. LIABILITY NONCUMULATIVE. It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any policy insuring a mortgage to which exception is taken in Schedule B or to which the insured has agreed, assumed, or taken subject, or which is hereafter executed by an insured and which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy to the insured owner. ~12. PAYMENT OF LOSS. (a) No payment shall be made without producing this policy for endorsement of the payment unless the policy has been lost or destroyed, in which casc proof of loss or destruction shall bc furnished to the satisfaction of the Company. ~within 30 days thereafter. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions. and Stipulations, the loss or damage shall be payable 13. SUBROGATION UPON PAYMENT OR SETTLEMENT. (a) The Company's Right of Subrogation. Whenever the Company shall have settled and paid a claim under this policy, atl right of subrogation shall vest in the Company unaffected:by any act of the insured claimant. The Company shall be subrogated to and bc entitled to all rights and remedies which the insured claimant would have had against any person or property in ~ respect to the claim had this policy not been issued. If requested by the Company, the insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The insured claimant shall permit the Company to sue, compromise or settle inthe name of the insured claimant and to use the name of the insured claimant in any transaction or litigation involving these right? or remedies. ~; -Ifi payment on account of a claim does not fully (6vdr 'lid liss'ofthe'insured clairAaM,'the 26mpany shall be subrogated to these rights and remedies in the tien which the Company's payment bears to the whole amount of the loss. If loss should result from any act of the insured claimant, as stated above, that act shall not voidthis polify, but the Company, in that event, shall be:required to pay only that part of any losses insured against by this policy which shali exceed the amount, if any, lost to the Company by reason of the impairment by the insured claimant ~ of the Company's right of subrogation. (b) The Company's Rights Against Non-insured Obligors. The Company's right of subrogation against non-insured obligors shall exist and shall include, without. limitation, the rights of the insured to indemnitics, guaranties, ~ other policies of insurance or bonds, notwithstanding any terms or conditions contained in those instruments which provide for subrogation rights by reason of this policy. 14. ARBITRATION - Unless prohibited by applicable law, either the Company or the insured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American ~ Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. All arbitrable matters when the Amount of Insurance is $1,000,000 or less shall be arbitrated at the option of either the Company or the insured. All arbitrable matters when the Amount of Insurance is in excess of $ 1,000,000 shall be arbitrated only when agreed to by both the Company and the insured. Arbitration pursuant to:this policy and tinder'thÂ© Rules in effcÂ©t on the date ~ the demand for arbitration is made or, at the option of the insured, the Rules in effect at Datc of Policy shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permit a court to award attorneys' fees to a prevailingÂ·party. Judgment upon the awardÂ· rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the sims of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT. (a) This policy together with all endorsements, if any, attached hereto by the Company is the entire policy and contr*ct between the insured and the Company. In ~ interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest covered hereby or by any action asserting such claims shall be restricted to this policy. (c) No amendment of or endorsement to this policy can be made except by a writing endorsed hercon or attached hereto signed by either the President, a Vice ~ President, the Secretary, an Assistant Secretary, or'validating ofncer or authorized signatory of the Company. l#Â«SEVERABILITY. In the event any provision of the policy is held invalid or unenforceable under applicable law, the policy shall be deemed not to inoludÂ¢ that provision and all other ~ provisions shalt remain in full' force and effect. 17. NOTICES, WHERE SENT. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this policy and shall ~ be addmssed to the Company at P.O. Box 2029, Houston, Texas 77252-2029. STEWART TITLE GUARANTY COMPANY 1 . . Vicinity Map i.gil i U :r 17 --- - . . . 1 -C-i It- 1. /~ L.j; .- 417-1 --Il -43--in ============? 0'' 1---~ 1 ' _ - t-;.1 - -rT..7 1 ; _Â«+.0*12Â»1 011.% i 11 WestEnd 17*i-Â» UearIN._..: ..*.. 16â‚¬1~8 i A-f#*'r 1 - 7-- 4-1 (=4 11Â·~-â€¢â€¢1-:LE= . -1 I 01 3 412 'lewMJE*1 ~fÂ©2Â©j [2%*As#- 14.. 44-0 -17 - ///4- -~7k=x //./LeÂ·7) --<4/.) *..5 --3 iÂ·Â·Â·Â·:Â·78'ULdiÂ¥194-7 1 g:zÂ·-~ 13/ Â° - - - 'Â£.Ce@ 1 - . IsT*A 1 : \ p 1 ktfi%~j k.- 1 ILATPJ< cr--a /Â»/gr3, A 2 E-1 --- - -Â£*&'l~f~~~LÂ¤*2~:~-itagwEJ , .... - + C-- L. 0....-- 0 r-' .Â»93Â«~ di-~ ill*Â£281 E.0*El@j' 94< -B 7 ppâ‚¬ m c._~- - --1.9 )/ 4# Art,4/rl-7:~1 L..L /l nÂ©~ r..1.-me.le. /41 y. 1 YEAÂ°Â°Of; //==Â«27/ --L-7/7 #Z- 14_it . f~,/24Â» W.2. 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E Pl'11 HARRYTEAGUEARCHITECTS 412 north mill aspen co 81611 t 970 925 2556 f 970 925 7981 mail@teaguearch.com .. 513 West Smuggler Street Conceptual Review Application Responses to Attachment 4 1 . -4 0 0 0 Existing Site Plan/Survey ) 1 . H m SET SPIKE T. - too o SCALE VEST e O UTILITY DOX 6 LEGEND AND NOTES , 1 INCH - 10 FEET c I TY Ho~*/19[T O FolÂ»Â® SURVEY MONUMENT AS DESCR IBEO CONTOUR INTERVAL IS 1 FOOT Â«Or R O,GGLER 0 8 0 FENCE 100.5 4 SET SPIKE SURVEY CONTROL_ STREET 1 POSTED ADDRESS: 513 IEST SMUGGLER ST. =T=?Il-C~~0~LOCK 27 BEARINGS BASED ON CITY MONUMENTS FOUID FOR THE NORTHIE, T CORNER AlÂ® NORTHEAST CORNER Of BLOCK 27, N 75â€¢09Â·11 -W. O SET REBAR WITH CAP 25947 O GAS PETER WATER LINE IS LOCATED IN SMUGGLER STREET - SEWER, PHONE, ELECTRIC, GAS, AND CATV ARE LOCATED Ill ALLEY S 75â€¢ EDGE O% PAVEMEW TITLE 11.=ORM,TION FURNISHED .: ~~~R~TI~253FPEN, INC. 09'4 E 120.01Â· 24303 7 101_ -- . 9 DATED: OCTOBER 07, 1999 1 1493 \\ 4~~, 9 SPIKE OR P-K NAIL SURVEY CONTROL O UTILITY BOX 32 - Â® WANHOLE , ELEVATION DATU. 13 ARBITRARY,,ASED ON SET T,,... AS SHO. 169 CONTOUR INTERVAL IS I FOOT -1- 1 -44 ~* BLUE SPRUCE TREE CAL. 1 PER s I ZE *$ NOTED LOT Icm \\ / ENCROAOâ€¢IENT l \ FRUIT ~ ASPEN TREE CALIPER SIZE AS NOTED . %. 1... KETE:E E:E~&r~â‚¬:0? 2#~ :~N~~1 N -/k 'Â°4 - -101 :2&:% 'LANre, / I \ - - ~TRU;EgORNER BLOCK 27 : SILL ... 10. D 02/ Rlo â€¢02.0 12- 1 2 A 12- E .' 3 i #p i 42 i.. 4 10 12- 4. 0 /HOU S 915 G 10 / 8 2 / 0 . SPA - 4 4 . I 1 4 & \. 4 0 1 /3 STORTE O 1â€¢r AND 2.4 g 30 0 ~ECKS / \ CERTIFICATION 2 UNP*yED .. 3 CERTIFIED TO: PAR*ING /02 12 1 SET : / 1, DAVID W. MIBRIDE, A REGISTERED LAND SURVEYOR IN THE STATE OF 12 COLORADO DO }Â·EREBY CERTIFY THAT THIS SURVEY WAS FIELD SURVEYEO 3 \ DURt NG AU<b<Abr , 2=00 ON THE GROUND OR THE PROPERTY h \ *- . IMPROVEMENT SURVEY LEGALLY DESCRIBED HEREON, AND ts CORRECT BASED ON DE FIELD EVIDENCE I RIMâ€¢ 103.1' â€¢La*- ~ SHO* AS FOUND HEREON, AND THAT THERE ARE NO DE ISCRE/ANCIES, ~~~*'07 24 \2511- 10,5. - 000FLICTS, SHORTAGES IN AREA, BOUNDARY LINE CONFLICTS, ENCROAO**ENTS, OVERLAPPING OF IMPROVEMENTS, EASEMENTS OR RIGHTS OF WAY IN FIELD ALLE ,-4~0 ; 03 - F - EVIDENCE OR KNOWN TO ME, EXCEPT AS HEREIN SHO-4. UNDERGROU~ UTILITIES ELECTRIC B Â£ WITH NO VISIBLE APPURTENANCES Â»0 Doa,MENTS OF RECORD NOT FURNISHED TELE TV 8- ~TF~M 25947 TO DE SURVEYOR ARE EXCEPTED. THIS CERTIFICATION IS VOID UNLESS LOTS E. F & G. BLOCK 27. 10 44' R 0.* CK 2 7 *T STAMPED BY TIE SEAL OF nâ‚¬ MVEYOR . C I TY AND TOWNS I TE OF ASPEN *IGIED TH,s .610Iv oF A-,rJ-,2.ofe"-*d + PITKIN COUNTY. COLORADO 4103.3 ) *vt.VikeDAY< 161it'' PREPARED BY ASPEN SURVEY ENGINEERS. INC. 200 S. GALENA STREET , NIED ..... ... IN 1,11* FLAT /1... ...... ./. YOU ASPEN. COLO *1611 2 ~ ' U-,0 -f IlinCT IN â„¢1 1 PLAT DE CO~,ICED Wo- TMAN rEN YE.,RS MIONE/FIX 1970) 925-38/6 f-,1 DE D,T[ of TIE arrificATIO,t 1,4- )elo. E-UAIL pl.-6â€¢rof..., job .0. 16323 AUG. 15 2000 '7 Â© fÂ·- ' -0 E 10000 1 .. .. .. .. 1 / \/ f \ \ 1 /+ / 100Â·-0' I 1 14 U / / N Â» Â·9/ 5 1 - , 4 / 4,97% 1% / ~.ti~:ce :atie * 41 r h / it i"OBH I - -|- - .2 -n--- 47,/4 3 7-1--: 1, 1\ : / 1 / \ '/ ~ 1 - -:20?r'.3:.../ r ' ateâ€¢. ~103 HE bEE EE& 226 :E: 23& EEb :EE bEE :E: bib bEE'.b-3= 2.1 ~-/1232-32~-~-23-E Â·Â· t ~ new trees KHni:, 3< j: -441~t iti 11111~ ~ImiuMMdiw:* I tit t?Â·4i= 1 ijA -0,-1:; , , i Bili :i : _ iii. 'i.+ --r-n. 0 - 3 p.-3 i hi i i t: - 1 1 I '- I:? :S. i:i i:i i:: ~:i ::/ i: i:f:=i i:i - , Au~- , :2 / : \\ ~E':~ff# Â¥f ifi i/ \ 1 -- % %0 Em *,im: \ :1- f \Â»1 j 1 // 3 c.Ui:=Er D: 21>-- spruce. 24.5" DBH 1 to be removed . r ./ 5-1 \\. \J 1 1 ' 4-43 81 f Â·t , i.-.-A.-;31- --~ 4 f 1 ~'&'R24 Iine~~wÂ©~ _ 5 line of lot split . 0 \\ Â· new trees , / utix Â·i 1 /JLRI- ----- 1 , r /1 \ 47 + \- - f L-52' J'.1 maple: 36.5" DBH - --~ 9 4- <f , ./J . . , C, A t Xvi 9 SPruce: 17 5" DBH ~ U f Â£ to be removed , i 1~1 1 i / M aspen: ' j / 4 to be removed J ' / -44 1 ~-==LÂ«f ENY 1 /09 - ---01 : ).44 Brotif---2 ~ %=---) 77< 4.,7 . 1 L _ -Â© 1 -/- c ) aspen (two-trunked): t / --lf-- to be removed ; , 1 1- 9 -Â« i + 1 41\ \ 1 . 4% I spruce 4 to be removed : \ 09 - crabapple 1 Dy.t (1,2 3 \ O to be removed 1 I n "00 6-- LAL~3244-f .- ' . 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Smuggler Street- Historic Landmark Lot Split, First Reading of Ordinance No. 1.*, Series of 2002 DATE: March 25,2002 SUMMARY: The applicant requests Council approval to subdivide a 9,006 square foot historic property into two 4,503 square foot parcels. HPC recommended Council approval of this project on March 13, 2002. They have also agreed conceptually to the owner' s plan to remove a large addition from the miner' s cottage on the site, to restore the cottage to its original appearance, and to make a more sympathetic addition behind it. At a future date, HPC will review the design of a new detached house that will be built on the eastern portion of the site as a result of the lot split. The total floor area of the two houses will be equal to what would be allowed without the subdivision. APPLICANT: Drew Harman, owner, represented by Harry Teague Architects. PARCEL ID: 2735-124-10-002. ADDRESS: 513 W. Smuggler Street, Lots E, F, and G, Block 27, City and Townsite of Aspen, Colorado. ZONING: R-6 (Medium Density Residential) 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: 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 under'ying 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 4,503 square feet in size, which conform to the 3,000 square foot minimum set for Historic Landmark Lot Splits. Council has recently adopted new benefits for historic properties, pursuant to Section 26.420, which states that affordable housing mitigation will not be required. 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 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. 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 shaN 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 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 shaN not exceed three (3) units, which may be composed of a duplex and a single-family home. Staff Finding: The applicant will construct a single family house on each lot. 26.480.030(A)(4), SUBDIVISION EXEMPTIONS, HISTORIC LANDMARK LOT SPLIT The split of a lot that is a designated historic landmark for the development of one new single-family dwelling. The Historic Landmark Lot Split shall meet the requirements of section 26.88.030(A)(2), section 26.100.050(A)(2)(e), section 26.72.010(G) of this Code, and the following standards: a) The original parcel shall be a minimum of 9,000 square feet in size and be located in the R-6 zone district or a minimum of 13,000 square feet and be located in the R-15A zone district. Staff Finding: The subject parcel is 9,006 square feet and is located in the R-6 zone district. b) The total FAR for both residences shaN not exceed the floor area allowed for a duplex on the original parcel The total FAR for each lot shall be noted on the Subdivision Exemption Plat. Staff Finding: The maximum floor area for a duplex on the fathering parcel is 4,080 square feet, and a 500 square foot bonus has been approved by HPC. The applicant plans to allot 2,330 square feet to the parcel with the old house and 2,250 square feet to the new home. Bonus FAR for garages may also be applied. 3 .. c) The proposed development meets all dimensional requirements of the underlying zone district. HPC variances and bonuses are only permitted on the parcel that contains a historic structure. Staff Finding: The applicant has been granted a floor area bonus and setback variances for the redevelopment of the historic house. No variances may be awarded to the new lot. 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: Currently, there are no standards for reviewing exemption requests; the exemption is by right for historic landmark lot splits. 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 March 13, 2002 and Council will hold a hearing at Second Reading of this Ordinance. RECOMMENDATION: Staff and HPC recommend that Council approve the request for a Historic Landmark Lot Split at 513 W. Smuggler Street. RECOMMENDED MOTION "I move to approve Ordinance Not@,/Series of 2002, for a Historic Landmark Lot Split at 513 W. Smuggler Street, Lots E, F, and G, Block 27, City and Townsite of Aspen, Colorado, on First Reading." CITY MANAGER COMMENTS: Exhibits: Ordinance No.~4% eries of 2002 A. Staff memo dated March 25,2002 B. Application 4 .. 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 513 W. SMUGGLER STREET, LOTS E, F, AND G, BLOCK 27, CITY AND TOWNSITE OF ASPEN PARCEL ID#: 2735-124-10-002 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 applicant, Drew Harmon, owner of 513 W. Smuggler Street, Lots E, F, and G, Block 27, City and Townsite of Aspen, has requested approval to split a 9,006 square foot parcel into two single-family residential lots of 4,503 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 March 13, 2002 and recommended approvals 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 513 W. Smuggler Street with the following conditions: 1. 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 applying for 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. The two lots created by this lot split shall have a total allowable base FAR, on both lots combined, equal to 4,580 square feet of floor area prior to consideration of potentially 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 4,503 square feet in size. Provided it is found by the Zoning Officer that no lot area reductions are required, the maximum allowable FAR on Lot A will be 2,330 s.f. (including a 500 square foot floor area bonus) and 2,250 square feet of floor area on Lot B. The information verified by the City Zoning Officer shall be included on the plat, as a plat note; e. Contain a plat note stating that all new development on the lots will conform to the dimensional requirements of the R-6 zone district, except the variances approved by the HPC. f. That Lots A and B are designated historic landmarks and must receive HPC approval for all development in accordance with Section 26.415 of the Municipal Code, as well at Section 26.410, the "Residential Design Standards." 2. Encroachments - At the time of redevelopment, the encroachments must be removed from the public right-of-way, relocated, or licensed. 3. Sidewalk, Curb and Gutter - The site is located in the West End where sidewalks are excluded from being built at this time. However the "Pedestrian Walkway and Bikeway System Plan" does indicate that there should be pedestrian usable space off of the street surface. Therefore, the plat needs to indicate a five foot wide pedestrian usable space located 7.5' from the property line and with a five foot buffer for snow storage. Any curb and gutter sections in need of replacement or repair, or any locations where curb and gutter are missing and need to be installed, must be completed prior to issuance of a certificate of occupancy. The applicant needs to sign a sidewalk construction agreement, and pay recording fees, prior to issuance of a certificate of occupancy for new construction. 5. Site Drainage - The existing City storm drainage infrastructure system does not have additional capacity to convey increased storm runoff. The site development approvals must include the requirement of meeting runoff design standards of the Land Use Code at Sec. 26.580.020(6) and a requirement that the building permit application include a drainage mitigation plan (24"x36" size plan sheet or on the lot .. grading plan) and a report signed and stamped by an engineer registered in the State of Colorado, submitted as part of the building and site plan, as well as a temporary sediment control and containment plan for the construction phase. If drywells are an acceptable solution for site drainage, a soils report must be provided with percolation test to verify the feasibility of this type system. Drywells may not be placed within utility easements. The foundation drainage system should be separate from storm drainage, must be detained on site, and must be shown on drainage plans prior to permit drawings. These requirements must be met prior to acceptance of a building permit application. 6. Work in the Public Right-of-way - Given the continuous problems of unapproved work and development in public rights-of-way adjacent to private property, we advise the applicant as follows: The applicant must receive approval from City Engineering (920-5080) for design of improvements, including landscaping, within public rights-of-way, Parks Department (920-5120) for vegetation species and for public trail disturbance, and Streets Department (920-5130) for mailboxes, street and alley cuts, and shall obtain permits for any work or development, including landscaping, within public rights-of-way from the Community Development Department. 7. All material representations made by the applicant in this application and during public hearings with the HPC and City Council shall be adhered to and shall be considered conditions of approval, unless otherwise amended by HPC or City Council. 8. The construction of a new single-family dwelling on Lot B created through this Historic Landmark Lot Split pursuant to Section 26.470.070(C) shall be exempted by the Community Development Director from residential Growth Management allocations and shall not be deducted from the pool of annual development allotments or from the metro area development ceilings, in accordance with Section 26.470.030 and 26.470.050. 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 22nd day of April, 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 25th day of March, 2002. ATTEST: Kathryn S. Koch, City Clerk FINALLY, adopted, passed and approved this 22nd day of April, 2002. Helen Kalin Klanderud, Mayor ATTEST: Kathryn S. Koch, City Clerk Approved as to form: John P. Worcester City Attorney 0 1IE b. 0 MEMORANDUM TO: Aspen Historic Preservation Commission FROM: Amy Guthrie, Historic Preservation Officer RE: 513 W. Smuggler Street- Conceptual Development, Variances, Partial Demolition, On-site relocation, and Historic Landmark Lot Split- Public Hearing DATE: March 13,2002 SUMMARY: The project involves demolishing large additions to the historic house on this site, relocating and restoring it, and building a new addition. The eastern portion of the property is to be split off for future development. APPLICANT: Drew Harman, represented by Harry Teague Architects. PARCEL ID: 2735-124-10-002. ADDRESS: 513 W. Smuggler Street, Lots E, F, and G, Block 27, City and Townsite of Aspen, Colorado. ZONING: R-6 (Medium Density Residential) SIGNIFICANT DEVELOPMENT (CONCEPTUAL) No approval for any development in the "H," Historic Overlay District, or involving historic landmarks shall be granted unless the Historic Preservation Commission finds that all ofthe following standards (Section 26.415.010.C.5) are met: a. The proposed development is compatible in general design, scale, site plan, massing and volume with designated historic structures located on the parcel and with development on adjacent parcels when the subject site is in an n, Historic Overlay District, or is adjacent to an historic landmark. For historic landmarks where proposed development would extend into front yard, side yard and rear yard setbacks, extend into the minimum distance between buildings on the lot, exceed the allowed floor area by up to five hundred (500) square feet, or exceed the allowed site covered by up to five (5) percent, HPC may grant necessary variances after making a finding that such variation is more compatible in character with the historic landmark and the neighborhood than would be development in accord with dimensional requirements. In no event shall variations pursuant to this Section exceed those variations allowed under Section 26.520.040(B)(2), for detached accessory dwelling units, and 1 .. Staff Finding: In 2001, HPC granted approval to demolish the non-historic construction that surrounds this house and to replace it with a new addition that was approximately 3,000 square feet in size. The building was to be used as a single family residence. The owner has since determined that a lot split with two smaller homes is a more feasible plan and requests HPC approval to move the historic house to the west, restore the porch to its original appearance, reconstruct demolished walls of the house, and make a 1,790 square foot addition. A proposal for a residence on the east lot will be brought before HPC in the future. Staff is happy to see the project going in this direction because it more effectively "retrieves" this historic resource, which has been heavily impacted by inappropriate alterations. The proposed addition is smaller than the last approval allowed for, and it is located entirely behind the historic building. HPC has held a worksession and one public hearing on this project and advised the architect to move the addition back further on the lot to create more separation from the cottage. This has been accomplished by placing the addition right on the rear lot line, which requires a variance. This is exactly the reason that HPC has the authority to approve variances to dimensional requirements- to provide flexibility so that the best preservation of historic buildings can be achieved. The proposal requires a 10 foot rear yard setback variance and a 20 foot combined front and rear yard setback variance. For the March 13th meeting, the connector piece has been lengthened to 10 feet, as requested in the design guidelines. The architect has revised the roof over the area labeled "office" in the old part of the house, to be a shed, based on what is visible in the historic photograph. In studying these new revisions, staff has discovered an important problem in the application that seems to have existed since it was considered in 2000, and that is that the reconstructed miner's cottage that has been shown to HPC in all of the plans is not as long as the structure was historically documented in the Sanborne maps. The 1904 map, at 50" scale, is attached to this memo. It shows that the main north-south gable on the house was 40 feet long. This application has shown that piece to be 27'9," a significant difference. (This element has been further reduced in the March 13th submittal to 25'9" in order to increase the length of the connector.) Similarly, while the width of the cross gable on the east may be accurate as shown, the shed roofed element that used to sit behind it was about 18' long, while the office addition that is meant to replace it is only 8' long. The bottom line is that HPC should understand that the main gable is not being reconstructed to its original length, and the board must determine whether that fact is or is not important to their findings on the project. Additionally, because the office area is not being built to match the documentation that is available, it does not seem appropriate in staffs opinion to try to put the historic shed roof form on it and suggest that it is part of an accurate reconstruction. There is no design guideline available to speak directly to these issues, although the concept of basing work on documentation or physical evidence runs through the book. Staff is uncomfortable with rebuilding a southwest corner on the miner's cabin that is incorrect. One possible resolution would be to revise the connector so that it is a continuation of the main gable roof form. That 2 .. would make the main gable element 35'9", which is closer to accurate. However, there would be no connector or visual slot behind the miner's cottage without some redesign of the addition. Aside from this difficult issue, there has been discussion about the nature of the new addition. The goal of the lot split program is to create more reasonably sized additions to historic buildings, particularly the miner's cottages. Although the owner is given the ability to determine how the allowable FAR should be allocated between the new parcels, it is generally preferable to HPC to see the majority of the square footage assigned to the new parcel. In this case the FAR is almost equally divided, with about 200 more square feet assigned to the historic house. This results in an addition which is roughly three times the size of the original building, which presents design challenges. The relevant design guidelines are: 10.6 Design an addition to be compatible in size and scale with the main building. o An addition that is lower than or similar to the height of the primary building is preferred. 10.7 If it is necessary to design an addition that is taller than a historic building, set it back substantially from significant facades and use a "connector" to link it to the historic building. o Al-story connector is preferred. o The connector should be a minimum of 10 feet long between the addition and the primary building. o The connector also should be proportional to the primary building. The front wall ofthe addition is approximately 50' back from the street, and the ridgeline is 9' over that of the historic house. While staff acknowledges that the perspective view that is provided in the application shows that the addition is not overwhelming from head on, the addition as seen from the east and west does dwarf the historic building. As pointed out by Commissioner Reid on February 13% the starkness of the architecture of the addition may accentuate its size. While staff has no concerns with the design character of the addition, which successfully uses simple forms, materials, and fenestration in a manner which is promoted by the design guidelines, its size relative to the miner' s cottage is still a concern. The applicant may need to rethink the amount of square footage that is being allocated to this lot. It may be creating a larger addition than can be supported by the guidelines. Staff continues to believe that the applicant is doing the right thing in attempting to retrieve this house, even if what results is not a complete reconstruction, and by doing a lot split. But, whatever is reconstructed should not be misleading. The addition that is built must meet the design guidelines, and because a bonus is being requested, must address the scale of the miner's cottage in a way that is considered exemplary. As noted 3 .. in the last memo, the criteria for a 500 square foot FAR bonus are that it may be appropriate when the subject property is at least 9,000 square feet in size, when the application is for a lot split, and when the design is excellent. The first two criteria are met. The issue of excellent design is of concern to staff, because we feel that the board has created a number of tools that can be used to avoid additions that are so much larger than the historic resource. Staff finds that this review standard, and the standards for the FAR bonus, are not yet met. b. The proposed development reflects and is consistent with the character of the neighborhood of the parcel proposed for development, and Staff Finding: By creating two detached homes on the site and transferring some of the FAR to a new structure, the historic house can be better preserved and the structures on the site can be consistent with the size of homes that have historically existed in the West End neighborhood. c. The proposed development enhances or does not detract from the historic significance of designated historic structures located on the parcel proposed for development or on adjacent parcels, and Staff Finding: The project will enhance the historic significance of the home by removing some inappropriate alterations that have occurred over the years. d. The proposed development enhances or does not diminish or detract from the architectural character and integrity of a designated historic structure or part thereof. Staff Finding: The reconstruction and restoration entailed in this project will enhance the architectural character and integrity of the house significantly. The addition requires some additional study. PARTIAL DEMOLITION No approval for partial demolition shall be granted unless the Historic Preservation Commission finds all o f the following standards are met: A. The partial demolition is required for the renovation, restoration or rehabilitation of the structure, or the structure does not contribute to the historic significance of the parcel. Staff Finding: The areas proposed to be demolished are recent construction and have negatively affected the original cabin. Their demolition is welcome. B. The applicant has mitigated, to the greatest extent possible: 4 .. (1) Impacts on the historic significance of the structure or structures located on the parcel by limiting demolition of original or significant features and additions, and (2) Impacts on the architectural character or integrity of the structure or structures located on the parcel by designing new additions that are compatible in mass and scale with the historic structure. Staff Finding: The project will be a major improvement to the current structure on the site and all concerns with the new addition are discussed above. ON-SITE RELOCATION No approval for on-site relocation shall be granted unless the Historic Preservation Commission finds all of the following standards are met: A. The relocation activity is demonstrated to be the best preservation method for the character and integrity of the structure and the historic integrity of the existing neighborhood and adjacent structures will not be diminished due to the relocation. Staff Finding: The house is to be moved to the west to allow for the lot split, which is a good preservation tool for this site. There are no other historic buildings on this blockface, therefore no historic building patterns will be interrupted by the relocation. Staff finds that this review standard is met. B. The structure has been demonstrated to be capable of withstanding the physical impacts of the relocation and re-siting. A structural report shall be submitted by a licensed engineer demonstrating the soundness of the structure proposed for relocation. Staff Finding: Said report shall be a condition of approval. C. A relocation plan shall be submitted, including posting a bond or other financial security approved by HPC with the engineering department, to insure the safe relocation, preservation, and repair (if required) of the structure, site preparation and infrastructure connections. The receiving site shall be prepared in advance of the physical relocation. Staff Finding: The relocation plan and letter of credit shall be conditions of approval. 5 .. HISTORIC LANDMARK LOT SPLIT In order to conduct an 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 26.100.050(A)(2)(e), and Section 26.72.010(G). 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 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 4,500 square feet in size. Affordable housing mitigation may be required for the old and new houses. 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. dj 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. Staff Finding: 6 .. The subdivision plat shall be a condition of approval. It must be reviewed by the Planning and Engineering Departments 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. Staff Finding: The subdivision exemption agreement shall be a condition o f approval. D In the case where an existing singledamily 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 ofthis 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: The applicants intend to construct a single family house on each lot. 26.480.030(A)(4) SUBDIVISION EXEMPTIONS, HISTORIC LANDMARK LOT SPLIT The split of a lot that is a designated historic landmark for the development of one new single-family dwelling. The Historic Landmark Lot Split shall meet the requirements of section 26.88.030(A)(2), section 26.100.050(A)(2)(e), section 26.72.010(G) of this Code, and the following standards: a) The original parcel shall be a minimum of 9,000 square feet in size and be located in the R-6 zone district or a minimum of 13,000 square feet and be located in the R-15A zone district. Staff Finding: The subject parcel is 9,000 square feet and is located in the R-6 zone district. b) The total FAR for both residences shall not exceed the floor area allowed for a duplex on the original parcel. The total FAR for each lot shall be noted on the Subdivision Exemption Plat. 7 - .. Staff Finding: The maximum floor area for a duplex on the fathering parcel is 4,080 square feet, and a 500 square foot bonus is requested. The applicant plans to allot 2,398 square feet to the parcel with the old house and 2,182 square feet to the new home. Bonus FAR for "Accessory Dwelling Units" and garages may also be applied. c) The proposed development meets al! dimensional requirements of the underlying zone district. HPC variances and bonuses are only permitted on the parcel that contains a historic structure. Staff Finding: The applicant has requested a floor area bonus and setback variance for the redevelopment o f the historic house. No variances may be awarded to the new lot. 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: Currently, there are no standards for reviewing exemption requests; the exemption is by right for historic landmark lot splits. RECOMMENDATION: Staff recommends HPC continue the 513 W. Smuggler Street review because the project is not yet in compliance with the guideline 10.6, or the standards for an FAR bonus. In addition, the board and applicant must come to a conclusion about what is to be accomplished with the reconstruction of the back of the house, and how any deviations from the historical documentation can be addressed in a manner that makes it clear to the viewer that changes from the original have occurred. RECOMMENDED MOTION 1 move to continue the 513 W. Smuggler Street application for Conceptual Development, Variances, Partial Demolition, On-site relocation, and Historic Landmark Lot Split to a date certain." 960 9 . 4 6 (/luE Exhibits: 1 0 i. 1/2.8/0/ A. Staffmemo dated March 13,2002 2-0 ~ C.0 LAA Lg C ~ l/l 2.2 B. Sanborne map from 1904 C. Minutes ofFebruary 13, 2002 D. 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Amy relayed that the addition that exists on the house is completely out of character with the original structure. The lot split means that less of the addition is being put on the original house. There is a request for a 500 square foot FAR bonus and that is warranted due to the significant amount o f reconstruction/restoration that is being done on the building. There are a few setback variances being requested. Staffs concern is that the proposed addition is still somewhat overwhelming in height immediately behind the historic building. Possibly some of the massing could extend toward the alley and the entire second floor slipped back. Also there is an opportunity to fill in or relocate some of the courtyard that is shown on the east side of the building. Harry Teague gave an overview of the project. The entire building was moved so that the garage portion comes up to the lot line. In doing that it allowed an increase in the separation of the two buildings to six feet. The non-original materials surround the existing addition from the street. The separation new from old was addressed by placing the addition directly behind the existing house. There is one elevation that is currently not there and it will be restored according to the historic photograph. All the window proportions were derived from the window placements on the historic building. Gilbert said one concern was the proximity of the addition to the historic house and possibly that mass could be pushed back. Harry said they pushed it back 3 more feet but it still isn't ten feet. Harry said the plate heights floor to floor are ten feet from the main floor to the upper floor and the next plate height is 6'6". Chairperson Suzannah Reid opened and closed the public hearing. 8 .. ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF, FEBRUARY 13, 2002 Comments: Rally said retrieving the historic resource from all of the appendages is exciting. Guideline 10.8 says a minimum of a ten-foot setback should be maintained. Rally feels even though the ten-foot has not been met this deck is on new construction not the historic house and the setback is acceptable. Rally said his only concern is the ten-foot separation. Harry said from the east elevation there is a deck that extends on top o f new construction to the south. He also stated that they are recreating the gable end according to the historic photograph and continuing the wall back but instead of having a pitched roof we have a flat roof. Neill said his biggest concern is the nine-foot ridge height. He is also concerned about the enormous mass behind the miner's cottage and as presented, is not in favor of the project. Teresa relayed that she supports staff's comments in her memo regarding being consistent with the ten-foot connector. Melanie relayed that she appreciates the efforts to restore the historic resource but the proposed addition still overwhelms the historic house. One issue that is disturbing is the zero lot line. Michael remarked that he agrees with Melanie's statements. Jeffrey also stated that he commends the restoration efforts. His concern is the proximity and the connection seems too close. Possibly the mass could shift toward the alley. What Neill said, if we are recreating a mass or form on the east elevation, we should respect its massing and location and the deck coming across. Gilbert agreed with jeffrey that this is a great project with only one problem and that is the proximity of the addition to the historic house. This is the one thing that prevents the project from being exemplary. The height of this addition is the exact same height as Matchless Drive so there is a discrepancy in building height here. There is also the proposal to have the 9 .. ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF, FEBRUARY 13, 2002 addition closer to the historic house than Matchless was. What you are able to take advantage of is the fact that you don't really have a side view and a large house next door. Gilbert also agreed with staff's recommendation. Suzannah said her issue is the six feet and the guidelines ask for more than that. The starkness of the architecture of the addition accentuates the size of it. She also agreed that the ten-foot setback needs to be respected, specifically because o f the nature of the architecture o f the addition. Harry said they could make the wall continuous and set it back with a pitched roof with two windows just like they have in the photograph but he would like direction. Suzannah said her only concern would be the length of the addition. Harry agreed that the wall could be reduced. MOTION: Gilbert moved to continue 513 W. Smuggle St. to March 13, 2002; second by Rally. Motion carried 7-0 Yes vote: Michael, Teresa, Neill, Rally, Gilbert, jeffrey, Suzannah 118 E. Cooper Avenue - Little Red Ski Haus Conceptual, Partial Demolition & Variances David Fiore and Carl Darr were swore in. Affidavit o f posting was entered into the record Amy informed the board that the front of the house has been significantly altered; particularly the porch and the additions that were added are to be removed. It is very important to get the front of the house back to what it once way. There are three proposals for the ADA ramp. There is a proposed bathroom addition on the east side of the house and it overlaps one of the eave lines of the gable and staff is recommending a restudy of that bathroom. Some variances are proposed for the back of the property. David Fiore, managing partner of the LLC gave an overview of the project. They are increasing parking and decreasing the room count. 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' -,-Â· ~Â· *724'i,2,5./1,/*1:225*A/55).<3/RyÂ»ye>Â»194,4,1261,)y#k,49*55~%494*41<,294*irsp#*A#ty.*Pb)*.: 0 7 pe,specoveo~ nole, elevation 8 from middle of smuggler street f~> north elevation Â® Â® Â® Â®Â© Â®Â® R m E-e' 14'4 1Nr 14'-0- 5-7 21'4 e.7 1230-7- r Â£* ridge height (c-) 119-7 1 1' 118-7- 4 'P ~4 #fÂ·* - 3*1 7, 2/, ,i lIljl' 1'1 ~- - 111 i & 11,11 _- -_Tf--- --- -9, ,~~rr. ~:4- gr-,ill-?~ 1 13823$321 . 2..1 1:1 31 .... 0 ~ 6 '37 -12 -34 ,- j.j 4 1 F 1, 7 10,6Â· 0 -t ~ -~ im .81 0 2- 4 -11 4 lili - 14-411*1 0- w - 213= ~~ allen ~~~~=~~~~=~ ---- JV~ I[~ ~ i . % - -1074- 4****24**A#*Y\.46/\7\ ,>V ' 0 - 2Â« \ 0 - , A - ./ Â» 9-5 ~564794*944Â«,4 r 31 '*02/04>e/Â«ottÂ»</49Â«*)*444%4 U.- t~2.- 41<*1924affi52)A*$15511#p.ks.dic.k(3<82Â£&/kv Â« \A * elevaaons .<iffÂ«14./4~<64:04'3<Nity#*i.*4<24,4Â¢:4%8;44:<%4 0 - -~'At.*~<.A/&<4~2.~.WMR*:4.*.,...~.......7..4..f ,f35Â¢%4*~****I,$*9/ - 0.1 . c.144*414~*F'R+Lvoi)~:A)*+A'40+ *MAÂ«,U O- 4 - ~44Â»4Â»tit' ' *LM,3~â‚¬62#*M~/f~&*ttjt~~~f~~~~~9}x*..' bbil*&6%&~~2~yAOE*42242+:~'4~44,1~4~,~4*4*kkk4404WL*,k<.&zv~iR#~090434 north&east 5~yf~~~Â»*PROÂ»Â»UyÂ»XyfXÂ»39*~*,Â·,XyxÂ»Â»*6,~>XyÂ»Â»*~RÂ»xyÂ»Â»~Â«~*~*34~~~~t46,62y2%*Â»~ftit%I>t23Â»922223>269Â«42.9%%%*%24%3%4%85 1Ae -1'-0â€¢ <> east elevation - reviged: 03.13.02 A200 8OUep!981 1881 ;S Jel86nUIS ~ Jee48 JeIBBrILUS }SeM Â£ 1,9 ~ ~ ~ HARRY < TEAGUE ARCHITECTS 412 N "L ST ./.B CO /1-1 1' 127-7- " h -Â«u__-1-*1~~1) 7 115-7 4. 0 Amâ€¢-v -Vi-7 Rd# d 1 1 4!111 1"11/11 1111:11,11 1!,.111111%1 4 ~1 Ill e |~ 8241~U-I-*EÂ·:2**I:%:..SE.%:trf.~..*92Â·'. 11[1 7 ~ 1 Ng 1 .4, It FRMN, 11 11 !11~ d=11 - . b H / ./ U 1 4 0 d d 1 n 1 11 1111 1 *â€¢-v / //r-Viair- *Â»44%%94Â«~ Â«*~ti*~<i*14%*354*{24~4~>54,0,~~*22**~** -r go.., VfyÂ»53>284%*690%Â»3%92Â»Â»9Â©Shh,9 i , v y ai y ,-./LIAX*532>655&>5945&44*y <~> south elevation 00 Â©Â®00 0 E-7 21'% 54 14'â‚¬ lE-0~ 14'-0- 8-7 1127~--- IF90.431 10.,35>.Al - U.**3- 1*â€¢heRÂ¢*1 _-- 1-7 1 0 7 119-7 112*01 1:2 0 - ...1- 10/Ir 40Â¢5-*in-__-_ loWâ‚¬ 1 -SeS - *. 9 Z 06/1 - 4~ 31 - I: 0 2 ?6*ga %3*Me//04 A 416 0 42 01130 4,~-1-- lilli lili - C lili*v& __ if 1billiv 00 011*m 10047 10VIT \ 1 ... 1 *//. <tyÂ»,0,$%46'.. 4,44%Â»b\,04$%*> 1/ 43"X~4 6<424,41,Â«<sÂ«Â«> ,Â»Â«~~~ <944 1,)%454*%* 42544& ~ f 3 A 9 / /Â» \ /\ .\619~~.B.2,'v.,4~.~4*46Ff%~2~%9'4114964~& 34~~44â€ž/1,*0402.*14.,A, ~ ' 2,\ 416%9 * 2954, W, 4 / Al ty 1, -1 .~Â· > 0>f>.2>' .<4<11 , Rbih,<>,tu>> v<1<4>,Â».R>,A>. - ,#., 2 ' 2.13 "34>4&4Â«991~ '7<':~Â»44.41'.4%*BIOJ,t.,f~4*'3~'94 4. i f.4.4*444Â»'>34f<ittlÂ»Â»Â«9Â»4>Â«4" Â»~,~4,~xe,<>Â»%k:>~1,>92'44 \/4 \<49%4494*3~ &%-*1,4. - . L .t'. 0,0, elevations south & west 1*?2%8>RM~,4.,>569xy;84~>92>%29*8353>kt**2*4>j*53Â§*36,xy>Â«9 ,Â»b~>1~2~3Â·1~565*4>2*535*Â»xyxyÂ»xygyÂ».R>Â·xyx>,xyky->1. =d~~b#~/6~~~36<1&,~~t*~<413Â©i>x>, fâ‚¬Â·Sb,>3~;b)Â«>+pÂ»b'Â»x~>Â»,Uky>b,>b*ky*>*X 1/4- -1'-0- <~> west elevation revised: 03.13.02 A201 4- 4 $ 64 NOO MOd lON -t[IE-4 MEMORANDUM TO: Aspen Historic Preservation Commission THRU: Julie Ann Woods, Community Development Director Joyce Ohlson, Deputy Planning Director FROM: Amy Guthrie, Historic Preservation Officeâ‚¬_*O RE: , 513 W. Smuggler Street- Conceptual Development, Variances, Partial Demolition, On-site relocation, and Historic Landmark Lot Split- Public Hearing - vor DATE: February 13, 2002 --Ji -, 9 1 27 SUMMARY: The project involves demolishing large additions to the historic house on this site, relocating and restoring it, and building a new addition. The eastern portion of the property is to be split off for future development. APPLICANT: Drew Harman, represented by Harry Teague Architects. PARCEL ID: 2735-124-10-002. ADDRESS: 513 W. Smuggler Street, Lots E, F, and G, Block 27, City and Townsite of Aspen, Colorado. ZONING: R-6 (Medium Density Residential) SIGNIFICANT DEVELOPMENT (CONCEPTUAL) No approval for any development in the "H," Historic Overlay District, or involving historic landmarks shall be granted unless the Historic Preservation Commission finds that all of the following standards (Section 26.415.010.C.5) are met: a. The proposed development is compatible in general design, scale, site plan, massing and volume with designated historic structures located on the parcel and with development on adjacent parcels when the subject site is in an "H," Historic Overlay District, or is adjacent to an historic landmark For historic landmarks where proposed development would extend into front yard, side yard and rear yard setbacks, extend into the minimum distance between buildings on the lot, exceed the allowed floor area by up to five hundred (500) square feet, or exceed the allowed site covered by up to five (5) percent, HPC may grant necessary variances after making a finding that such variation is more compatible in character with the historic landmark and the neighborhood than would be development in accord with dimensional requirements. In no event shall variations pursuant to this Section exceed .. those variations allowed under Section 26.520.040(B)(2), for detached accessory dwelling units, and Staff Finding: In 2001, HPC granted approval to demolish the non-historic construction that surrounds this house and to replace it with a new addition that was approximately 3,000 square feet in size. The building was to be used as a single family residence. The owner has since determined that a lot split with two smaller homes is a more feasible plan and requests HPC approval to move the historic house to the west, restore the porch to its original appearance, reconstruct the east wall of the house, and make a 1,790 square foot addition. A proposal for a residence on the east lot will be brought before HPC in the future. Staff is happy to see the project going in this direction because it more effectively "retrieves" this historic resource, which has been heavily impacted by inappropriate alterations. The proposed addition is smaller than the last approval allowed for, and it is located entirely behind the historic building. HPC held a worksession on this proposal and advised the architect to move the addition back further on the lot to create more separation from the cottage. This has been accomplished by placing the addition right on the rear lot line, which requires a valiance. This is exactly the reason that HPC has the authority to approve variances to dimensional requirements- to provide flexibility so that the best preservation of historic buildings can be achieved. The proposal requires a 10 foot rear yard setback variance and a 20 foot combined front and rear yard setback variance. The applicant is also requesting a 500 square foot FAR bonus. The existing HPC policies for awarding the bonus state that it may be appropriate when the subject property is at least 9,000 square feet in size, when the application is for a lot split, and when the design is excellent. The first two criteria are met and staff believes the third criteria, excellent design, to be true, with some areas for discussion. The goal of the lot split program is to create more reasonably sized additions to historic buildings, particularly the miner's cottages. Although the owner is given the ability to determine how the allowable FAR should be allocated between the new parcels, it is generally preferable to HPC to see the majority of the square footage assigned to the new parcel. In this case the FAR is almost equally divided, with about 200 more square feet assigned to the historic house. This results in an addition which is roughly three times the size of the original building, which presents design challenges. The design guidelines which were mentioned at the worksession are: 10.6 Design an addition to be compatible in size and scale with the main building. o An addition that is lower than or similar to the height of the primary building is preferred. .. 10.7 If it is necessary to design an addition that is taller than a historic building, set it back substantially from significant facades and use a "connector" to link it to the historic building. o A 1-story connector is preferred. o The connector should be a minimum of 10 feet long between the addition and the primary building. 3 The connector also should be proportional to the primary building. The proposal includes a one story connector which is 6' deep, which is less than the standard requests. The front wall of the addition is approximately 50' back from the street, and the ridgeline is 9' over that of the historic house. While staff acknowledges that the perspective view that is provided in the application shows that the addition is not overwhelming from head on, the addition as seen from the east and west does dwarf the historic building. One suggestion given at the worksession was to slide the upper floor back and relocate the deck shown on the alley. Another option would be to move the master bedroom suite, or a portion of that area, above the east patio. Because there do appear to be more options to separate the two structures, staff recommends further study. A bit more relief from the impacts of the addition will certainly make this project worthy o f an FAR bonus. Staff has no concerns with the design character of the addition, which successfully uses simple forms, materials, and fenestration in a manner which is promoted by the design guidelines. b. The proposed development reflects and is consistent with the character of the neighborhood of the parcel proposed for development, and Staff Finding: By creating two detached homes on the site and transferring some of the FAR to a new structure, the historic house can be better preserved and the structures on the site can be ccnsistint with the size ..f homes that have. historically existed in the West End neighborhood. c. The proposed development enhances or does not detract from the historic significance of designated historic structures located on the parcel proposed for development or on adjacent parcels, and Staff Finding: The project will enhance the historic significance of the home by removing some inappropriate alterations that have occurred over the years. d. The proposed development enhances or does not diminish or detract from the architectural character and integrity Of a designated historic structure or part thereof. -11- A 3 .. Staff Finding: The reconstruction and restoration entailed in this project, based on photographic evidence, does enhance the architectural character and integrity of the house significantly. The addition requires some additional study. PARTIAL DEMOLITION No approval for partial demolition shall be granted unless the Historic Preservation Commission finds all ofthe following standards are met: A. The partial demolition is required for the renovation, restoration or rehabilitation of the structure, or the structure does not contribute to the historic significance of the parcel. Staff Finding: The areas proposed to be demolished are recent construction and have negatively affected the original cabin. Their demolition is welcome. B. The applicant has mitigated, to the greatest extent possible: (1) Impacts on the historic significance of the structure or structures located on the parcel by limiting demolition of original or significant features and additions, and (2) Impacts on the architectural character or integrity of the structure or structures located on the parcel by designing new additions that are compatible in mass and scale with the historic structure. Staff Finding: Sanbome maps and photographs have been used to determine the original footprint of the building. The project will be a major improvement to the current structure on the site and all concerns with the new addition are discussed above. UN-SI'IE RELOCATION No approval for on-site relocation shall be granted unless the Historic Preservation Commission finds all of the following standards are met: A. The relocation activity is demonstrated to be the best preservation method for the character and integrity of the structure and the historic integrity of the existing neighborhood and adjacent structures will not be diminished due to the relocation. Staff Finding: The house is to be moved to the west to allow for the lot split, which is a good preservation tool for this site. There are no other historic buildings on this blockface, therefore no historic building patterns will be interrupted by the relocation. Staff finds that this review standard is met. . 4 0 0 B. The structure has been demonstrated to be capable of withstanding the physical impacts of the relocation and re-siting. A structural report shall be submitted by a licensed engineer demonstrating the soundness of the structure proposed for relocation. Staff Finding: Said report shall be a condition of approval. C. A relocation plan shall be submitted, including posting a bond or other financial security approved by HPC with the engineering department, to , insure the safe relocation, preservation, and repair (if required) of the structure, site preparation and infrastructure connections. The receiving site shall be prepared in advance of the physical relocation. Staff Finding: The relocation plan and letter of credit shall be conditions of approval. HISTORIC LANDMARK LOT SPLIT In order to conduct an 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 26.100.050(A)(2)(e), and Section 26.72.010(G). 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 o f 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 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, 19(9, 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 4,500 square feet in size. Affordable housing mitigation may be required for the old and new houses. 5 . .. 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 shall be a condition of approval. It must be reviewed by the Planning and Engineering Departments 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. 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 1, I eligible for c let split, the dwelling need not be demolist,od prior to application for alot split. Staff Finding: No dwelling units will be demolished as part o f this proposal. g) Maximum potential buildout for the two (2) parcels created by a lot split shaN not exceed three (3) units, which may be composed of a duplex and a single-family home. Staff Finding: The applicants intend to construct a single family house on each lot. 26.480.030(A)(4) SUBDIVIS[ON EXEMPTIONS, HISTORIC LANDMARK LOT SPLIT The split of a lot that is a designated historic landmark for the development of one new single-family dwelling. The Historic Landmark Lot Split shall meet the requirements of .. section 26.88.030(A)(2), section 26.100.050(A)(2)(e), section 26.72.010(G) of this Code, and the following standards: a) The original parcel shall be a minimum of 9,000 square feet in size and be located in the R-6 zone district or a minimum of 13,000 square feet and be located in the R-15A zone district. Staff Finding: The subject parcel is 9,000 square feet and is located in the R-6 zone district. 10 The total FAR for both residences shall not exceed the floor area allowed for a duplex on the original parcel. The total FAR for each lot shall be noted on the Subdivision Exemption Plat. Staff Finding: The maximum floor area for a duplex on the fathering parcel is 4,080 square feet, and a 500 square foot bonus is requested. The applicant plans to allot 2,398 square feet to the parcel with the old house and 2,182 square feet to the new home. Bonus FAR for "Accessory Dwelling Units" and garages may also be applied. c) The proposed development meets all dimensional requirements of the underlying zone district. HPC variances and bonuses are only permitted on the parcel that contains a historic structure. Staff Finding: The applicant has requested a floor area bonus and setback variance for the redevelopment of the historic house. No variances may be awarded to the new lot. 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 *istoric. Landmark Lot Split shall be exempt from tte =conng 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: Currently, there are no standards for reviewing exemption requests; the exemption is by right for historic landmark lot splits. RECOMMENDATION: Staff recommends HPC continue the 513 W. Smuggler Street review because the project is not yet in compliance with the guidelines. .. RECOMMENDED MOTION i move to continue the 513 W. Smuggler Street application for Conceptual Development, Variances, Partial Demolition, On-site relocation, and Historic Landmark Lot Split to a date certain." Exhibits: A. Staffmemo dated February 13, 2002 B. Application -- . 8 14 513 WEST SMUGGLER STREET application for hpc conceptual review contents t attachment 1 land use application form attachment 2 dimensional requirements form attachment 3 general submission requirements Â· letter of authorization Â· title of authorization Â· vicinity map attachment 4 specific submission requirements: conceptual review, partial demolition, on- site relocation, variance, and historic landmark lot split Â· written description Â· existing site plan/survey Â· proposed site plan Â· floor plans Â· building elevations attachment 5 specific submission requirements: final review NOT APPLICABLE attachment 6 residential design standards -> 6.1'47?.UÂ·>179212,Â·"Nfq~Z>74,3'121$'162Â¥1CZ~TdINÂ·ET... 'I 1. h t ei.:243?jitezr, /1,1/*648*:i. -- 4 .1 2- A 2/ =+ - . ..-1 /2 -r b.,2 0 21 cabin condition circa 1900 proposed conditions - . -3 AW .% ATTACHMENT 1 LAND USE APPLICATION FORM 1. Project name 4*ZMAd ~65/pe./Cg-< 2. Project location 2/3 \Ve=7- 6/4 114Lex Â·S-rgâ‚¬E-7- 2 AsPEN 60 B LocK 27 ; 1-crl-5 62, F, 4 (indicate street address, lot and block number or metes and bounds description) 3. Presdnt zoning 12-6 4. Lot size 90.06' 3 toD.CD' = 900(0 4 5. Applicant's name, address and phone number heFEW /9~FM142 513 War- -SM,19 LE. 5-gerr: Aseâ‚¬w 92.S-Â· 6,343 6. Representative's name, address, and phone number /4=gÂ¥ 78*iug-,66*1EE-73 4-12* Alow,7-+ /4 ILL br-72 EE-7 1 AspeR 9 2-S Â· 2195-6 7. Type of application (check all that apply): Conditional Use Conceptual SPA ~>41 Conceptual HPC Special Review Final SPA Final HPC 8040 Greenline Conceptual PUD Minor HPC Stream Margin Final PUD Relocation HPC Subdivision TexUMap Amend. Historic Landmark GMQS allotment GMQS exemption Demo/Partial Demo View Plane Condominiumization Design Review 34 Lot SpliULot Line Appeal Committee Adjustment 8 Description of existing uses (number and type of existing structures, approximate sq. ft., number of bedrooms, any previous approvals granted to the property) 4 SE'PECOM FLESIDâ‚¬,OCE 6 190-91-012>~ Srg-ocrvmE - APPRox ; 3,65-D + /Nt'.Li)C>eFE~ 560 4 VIc-rDI.,6,0 M(NETJ CAM/hi 9. Description of development application l-0-7- spl-,-r W-ru Â·Â·7'Wo 45>/DE) ' L.0-73 WEr LoT : DEMOLLSH AÂ¢221-T-lod - BELOrA.7-F *up 72â‚¬AIDVATE- 645//U I . CON 9-Â·,0 cT ---2-150 + NEKI HezE (560 + cam + 1190 * A-moa) - 4 30*%Â©AD EAST 1-01- ' CoNS-rzocT 4 223>0 + NEJ #215& - 4- 8.6212:05,616 10. Have you completed and attached the following? Attachment 1- Land use application form Attachment 2- Dimensional requirements form Response to Attachment 3 Response to Attachments 4 and 5 . ATTACHMENT 2 DIMENSIONAL REQUIREMENTS FORM Applicant: Deew 14.BAA A Address: ,5133 LA)Es-r 3>mut 4,Le .Er'NEEr Zone district: R-G Lot size: 90.06 ADD.cd = 9006 * -ru Esâ‚¬ v/uteep 19-To 02) 45'5 loo t -4500+ 6613 Existing FAR: v 3650 * Allowable FAR: ,Kerâ‚¬A u.r- spuer i Ac)80 + 6-0,171,122 Proposed FAR: 4580* cop.'11618> : 0' 2-35[) we.-r Lor / 0 2110 I Existing net leasable (commercial): Rh Proposed net leasable (commercial): NA Existing % of site coverage: % 309. 0, 1000+ Lol- Proposed % of site coverage: 40. 1 lu (ve,r LoA op 4-5004 LoT Existing % of open space: = 7 0 1 Proposed % of open space: -5-9. 9 9. A es,r Lor) Existing maximum height: Principal bldg: 2.3'G" Accesory bldg: NA Proposed max. height: Principal bldg: 20' 0 Accessory bldg: FA Proposed % of demolition: -837. Existing number of bedrooms: 4 Proposed number of bedrooms: 4 am. a:acâ€ž 0, /23 6073 Existing on-site parking spaces: 3 On-site parking spaces required: 3 Setbacks Existing: Minimum required:(povr L=r-sp. 108 Proposed: Front: 45 43 16" Front: ID' Front: _le'_ --Rear: -=(3'-G Rear: 10' (S'Â«12.,e) RearÂ·. 12' LS L,Ark.9.) .43. Combined Combined Combined FronUrear: 4-7 Fronurear: -313' Fronurear: 2.2-' Side: =5'-6- Aw /09 Side: 5' Side: 5' Side: *5'-G" Aw /01 Side: S' Side: 5 Combined Combined Combined Sides: =11' Aw 30') Sides: /O' Sides: /0 Existing nonconformities or encroachments: ~o,)co.,po...pâ€ž*01 5â‚¬7-BAC %6 - COMBRED :pizo.-r /26'PÂ¢K- - lb~99 51'26-5 1 Variations requested: 644,5,=0 7:*wr /TE--sr,-2640, - FAPL- 20.~a oF .Sto 16 i PRAL/dj 724Â· KIAI\)612- 6:om 5 -rp 23 (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) 4 .. HARRY TEAGUE ARCHITECTS 412 north mill aspen co 81611 t 970 925 2556 f 970 925 7981 mail@teaguearch.com 513 West Smuggler Street Conceptual Review Application Responses to Attachment 4 written description of proposal This proposal is for a Historic Landmark Lot Split at 513 West Smuggler Street. The existifig 90.06' x 100.00' (9606 s.f.) lot would be split into two 45.03' x 100.00' (4503 s.f.) lots. Following the lot split, the proposal includes the relocation and renovation of, and addition to the residence on the new western lot of 513 West Smuggler Street as well as the construction of a new residence on the new eastern lot. The existing structure is an approximately 3,650 square foot, two story residence with four bedrooms and an ADU. The residence is built around an original 560 square foot Victorian miner's cabin. The cabin is on the Smuggler Street elevation, but an addition has distorted the cabin by extruding its east wing into a long element, making it difficult to read the size of the cabin, or to distinguish the cabin from the current addition. The recent additions to the house have little relation to the original cabin. The owner proposes to demolish the existing addition, preserving and renovating only the historic cabin. The cabin is to be relocated to the northwest end of the western lot, set back ten feet from the northern property boundary. The new addition will consist of a 'U' shaped gabled element connected to the back of the original cabin footprint allowing the cabin to retain it's position as the sole element along the street. The proportions of these gabled elements are derived from the Victorian structure-the gable elevations preserve the fourteen foot width of the cabin gables, and will appear similar in scale and proportion to the cabin. The original north elevation and parts of the west elevation are fairly intact and will be restored, but the east facade of the cabin will need to be reconstrucred as it does not exist in the cun-ent layout. The proposed remodel aims to restore the integrity of the original Victorian cabin. It does this in part by removing additions that confuse the distinction between old and new. Furthermore, the proposed construction is consistent in scale and proportion to the original. However, the new building elements do not attempt to imitate the historic cabin, but rather to complement it. The materials used in the new part of the residence will be subdued in color and texture; details such as roof eaves will be minimal and contemporary, and will contrast with the traditional detailing of the cabin. Our intention is to provide a contemporary backdrop that respects and highlights the historic structure. HARRY TEAGUE ARCHIT'E cTs 412 north mill aspen co 81611 t 970 925 255~970 925 7981 mail@teaguearch.com 513 W. Smuggler Conceptual Review Application Response to Attachment 6 - Development Review Standards The proposal conforms to the guidelines in Residential Design Standards, Section 26.140.040 of the City of Aspen land use code. The design responds to the following criteria established in the code: A. Site Design. 1. Building orientation. Front fagade is parallel to street. 2. Build-to-lines. The front porch is used to meet the 60% standard. 3. Fences. Under 42". B. Building Form. 1. Secondary Mass. ADU/garage provides detached secondary mass. C. Parking, Garages, and Carports. 1. Garage accessed off alley. : 2. NA D. Building Elements. 1. Entrance and principal window are street-oriented. a. Entry door is less than ten feet behind northernmost wall. b. Covered entry porch is provided. c. Significant window faces street. 2. Connector between cottage and east wing is one-story element. 3. Windows. a. Street facing windows do not span between nine and twelve feet. b. Fagade has no non-orthogonal windows. , 4. Lightwells on street facing fagade will be fully recessed. E. Context. 1. Materials. , a. Quality of materials will be consistent on all sides of building. b. Materials will be used in ways true to their characteristics. c. No highly reflective exterior materials will be used. 2. Inflection. a. The two-story east wing provides inflection to two story neighboring house on east side. .... - f .7.0.: SlydpriÂ· .' A-'20 :i ' ,,?~ . 1- '.;15~4.98?3/I - , . I ./ 5. I - W :Keit-t-k..'t'~-193Â·. 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I Cy>.. 1 1 V .1.1 O.K. 11 -1 \37 , 1- 114Â·'.4 #'20'94\6:j' r' 0 1 . 2 .1 --M +1 2 84111 1 - 4.-1 , Cl '"'I"'-1' 1 11 11. 1 141 1- , r g h 17% 1,!1=1, JI'llÂ·I 41*4'r.+, 'lr'i' P 11 NOT FOR CONSTRUCTION 11 :i' 8 9 smuggler street residence i 8 IN 1 -7 i<Wi 4303 5 (415%91 2 064Â».1 - 1 V ~rt/ - --, hAZ . jhy, 1 r I .6.21 // / r:~Â«GA 21 4 4@:e =40~ 4 /1' p \\\- ex --Â»247 24 .tr-1 t r 2--_ / f . 1. , ir h 13-1 1 t , tr. 1,/ Â· Â·.J - i 1 11 '11 -// . i ....,la:KÂ¢,~4.67 /f / 933\ 1 -1 l. 1 -9 ,~ , : '3 9: 1 + 1 1-5Vh 1 ' 1 44,00 Â·Â· c_-3 1 *JF'%Â«1 1 1 I .< 1,1.1 1 1- ' U 1 + RP--3 A -4 / fÂ»'. 3 # 44/ L ' -2=10' r,21 kh El=1 1 Ill r..1- h p-.-- Â£t-~~.... n=1 - F .1 1 11 - 1 7 971 - 1, / f f. . . - 11 / / râ€¢- 1 \ 1,4 1 tr.r:.1 1 , ed' - 1 1- 1 ..11*3 11 N 11 1 . 1.' 1.41 - 1 -71 r 11-11 /1-,Pr V 1 -1 17'11'..EL / -1 1 1 -r I - I r 45 1= nz,-1 fl 1 ' Â·~ Â· 22 1 I I Ller-.-53 1. ---- 1 . - l .// 1Â·21*26:14 1/ - A m Wt ~ .0, 11'L . I 1 J 1- Â·.c Â·Â·7 / .. I. T - 91 +1 0 i Ii. i 513 west smuggler street ai jil aspen colorado apis 41nos -- leellS Jei66nius Smuggler Street -- North sid 4]1 ii"Ji!111'j,lfÂ·''ij!ilitj i Â®Wwl!. Â£00Â¥ seueos Jee4s TEAGU HARR RCHITECT HARR existing historic door to be TEAGU existing roof line to be restored, relocated to front door. ~ ARCHITECT - add diverter over entry. original roof edge condition 412 N MLL ST ASPEN CO 81â€¢ 970 W&256~ FAX 970 925 71 m.- f:f ; ~, f = - L.11--~I~Il/'4Â£-144.r'ir= 4 -1 -L T,I,t -. _4- 06--' rc -i - . q ..:1 -C \ 0 --*-Er- - - -- - -- - to be replicated. 1 ._ -- - t . I, f -p original brackets to be replicated. existing roof to be replaced ~~ original back addition no longer ~ imitate original tar paper roof. ~737-â„¢2@m~ exists, will not be reproduced. .ey,849. 1 - original roof line to - .~ .............................i-- original columns to be replicated. ---1 be restored. -Bid#li-/E<-33-:. /1 - original windows to be replicated. original shingles to ---= 'HEE 2 ' 101â‚¬2 03----- be retained. original comer condition .6 4.4 0 - 1 RE --94-Â·Â· view of existing minefs cottage double hung window to with non-original additions to south. to be recreated. - ~:~ be restored. - - - , 7. 1 4227%11. -- .... 1- 4- 43,-2 . : ,i* -2 g additional second entrance . to be restored as fixed door/window. I'll stone steps to be restored to 1 original location. 7 .1- new brick chimney similar to original photo of original miner's cottage in slightly different location. red sand stone foundation to ~,, . - existing light fixture to be replaced be recreated in new location. ~ 4 1 " with more appropriate fixture. Â£ ~ L r ~4411'**ff/Da existing non-original --1211 â€¢2031#Ari. 41'hÂ®52*1. ' h= additions to be removed. existing windows to be ~ replaced with windows ~ - existing eaves to be restored 4* '* 7*49â‚¬71 - , 41 of original proportions. view of existing miner's cottage -1-----1 back to original proportions. * - ' et,~Af Â· . e '9..; . /, 1 , 4 :ey. .4 .4 4 with non-original additions to west. -11 ~ 1 4: ....19~.3,9: - 4 existing roof to be replaced with Â· c~ original shingles to i r ' .1/1. . existing porch condition flat seam metal roof to imitate be retained. original tar paper roof. T existing windows to be replaced with - windows of original proportions. fake mullions to be removed, gl %%%IN -NE74&2~Ilill - *I; lq....Mil?,Irt//ig//E/W~$.FAN'/Ilk1/.i -rir; , # to be replaced with double el////Wt*Ij i--**44-Wd/////Ull/ WIWIIINNIMM existing brackets to be replaced hung window as per original. ilimiNi'I.~ % F . with replications of originals. 1 j ~' 01.-01 h,c -flme-1, - 011203 1-0.1.-1 -1 4 , r -.iiI/.1.~ - +1 .t 45. 4 .~ , e. --- 1.1 14-1:. r'*%. z,mm;;i ni,Immm,1-ammr-â€¢ Â¥mâ€¢1â€¢,i,~01,==mâ€¢ # I J' 4, ~... 'vuv E)42!4#WRIMT#*,#Adffil,litto~[1#11#/ existing square columns to be replaced with replications of ~ ~ retained, replaced only existing siding to be 10Nth ,~~-k~~*6i~14-6~~...~U~I,UL-llu~, turned originals. . where necessary. a:Lm.'.: 11 el*Vatioff-Orasting-miner*=ttage Pried no: Â»---2.etÂ»*r: M existing balustrade to original height off grade with non-original additions to east. be removed. to be maintaned. existing existing porch condition conditions "modem" door to be replaced with J existing front elevation of original miner's cottage - -- red sand stone foundation to no scale historic door now used i~k. be ~ated in new location. 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A100 eouepls jee.ns .lei66nuls est sm / \--9- .-I \\ alley block 27 71&,2144. ~ WKw 6% \ k i - l i/ **fimp,/. -- 1 ~41 \~= f j 1 14 b LJ 1 1 - -t-9) ----- minal -- 11 & i.- 11 15 . I lut r- f '11 8 U -4+1 L L.- LIE -7 e \1 - / 1 -1. . II1 I..... DI -90 1 ft A >Â·i r-Â»2Â·Â«n= ~ E 9-F 2X 0-ni 4 {{ li /99940 - --- ------1-1-- ------------ 2,1 / rt 1 M - 11 09 6 02 - 19 6. r= , A~r - --- - 1 0 1 ./1-Eurr c i 0 11 -11 ; IIII-ZI I 1 1 80 ilj-N n till i,i *-Imit]: 1 'W 65 il ==0Â£1 1 C Â£34-l- [3 /-3 - LF--1 -7 1 * Ez . 'Fl-- ---/-253-/*-- /--- 0 1 A 2 1 Li 0 1 1 -- . 02 ---- 50 1 0 L.] ~ /Â»11 . 0 I k-t=em.Â£ .~. th 4-1 1 51 11 1 J . 1 A .-; 9 -1- .. f V 1- 41 - ~z..o. pl / .// 11 91-0. 1 \ha \ 01 f ~-Â« 03 0 , fiÂ«/ - ... 9 e west smuggler street NOT FOR CONSTRUCTION 38 Â»-4 I omÂ» /125 1 8 smuggler street residence 5: 1 13 1: i Â» 513 west smuggler street 4 i It' = 111%;9 -947 asoen colorado i.-/. leAel ule HARR TEAGU ARCHITECT 412 M MU ST ASPEN CO S 970925 2568 FAX 970 926; m.'/01'll"I'l.'I-, con%,tir'orm-r, (61 (Â© - -- 9 - 1, Ii,LE,m 1Â® Â® 19'-e 214 /17 -3.? le 6,29. 6%0, 1 afl - 46 0 17- 1 U =23 , /4*74.2' 4 -- 71 : LANC=1 1 , .1 ED *Ar 1 1 -v-91,0 027 / Ti p--[It-11 0 0 - O 1 6-59 1 1- '- man-ba-~ I 3 tr ~ bedrobm A 1 nr) L . L-4-1 11 c ) lin 1 Il - 16= - -41 61 -IL-, i - 3 . 91 1 - 1.- Â« .2 -1 - -=-- -rk -,=-4 -=-1-F L_ n=-At-2 -,Il -ylL- 2- /7 01 A 11 1 '-- C) - 1 Iii ..... .1 .60 \ C 4 2 -[ -L 16 /4 9-3 1 0.1 6" - - - I 1- I -I / /h ~ =2 a I- 1 I 00 ''- 4 - -: -- i j'----2--.= Â·---EL .i'1-1+-=Lt'=tiligia Ii- k- -f Â·Â· k< \37 X X 0 0 2 8 11.4 . ip, r. <+31/4-221 -2 4-- Â® 11 , - 5 ..1 M E 1- meN , bedroom E N u ~room r ft - .-1. 3 4 - - r...114 1 - -101-77=:40--3 ----642*44- 1 40 1 0 Ill! - .. 1 1 11 ~ 1 1 -1 - '1,1.1 1 7-J 1 d' A-iL ---T Iii - ]_-1 --1 -- r -1-,L -111 -1 -t --- r. - T e 1- ..7 . \4 3 E . 1 '' C.* 2. - .~ .1~Â·~ - - 10 4>44.92 0 1 /1-N 4 11 4-/-31 1 - 1 ; --Â·. .'mâ€¢r ' ..C 1 / I .. O.-Â·1. - ..1 9401- /6,"Ar-1 - - -- 1 1l*543- 1_b__r % f 441 - p v / 2 -.01 -- 021103 400-p-- 0 0 0 0 it =3 010 0 upper level floor plan 1/e = 1'-F .... A102 eouep!S r - 1=,30Â£'it&Â·#.SD: i.' .4 HARR 1 1 TEAGU I 1 ARCHITEC1 14'-0. 1 V 1 t:. .' 1-) l. -+157- 412 N 1-1 ST ASPEN CO 0 / hi ~4~...::2Â§:i.Felw 0/ : k.-.-55' . Er. 2: 979 9262658 F~(970925 rfrtfU::2-:-'771-1.Ld -4-'- F.-tziezEESAL -F 1 -- 41 1.- -#*LM/31-- p - '41 1-1--CY L I +12, I + 1 - ' I. / 0/ : : =j1 - b#~444 -4 4 -- --2--2 4-0. *--,=1-i---~-2-1~4~~~a5---24%~~ 1 4 Â·Ii ,- INE '' 4 1 1 1 . 1 r 4-i -=5*ReeÂ»eccoeox=<f .R. 115&4 1 - 0.-- i i 11 1 .-1 ~ :-3 *1-:,1 -r vi.Lik- _~, ' n~~~~E> r- - - II - 'td 2 10- - h,- -- 4=-Th -7 4:- 1, 1 , .L 1-115 1 -1, 1 - it.r-D , ':E- -114-1 11 -11 ---_ .._ ----- 4 ---1 1 'GIll - 1 -1 - -1-1 ]J - 1 --1 11- 4"- t ----6- -1 - --- - --A 11 1 lili 'M ' --r 116'-i -11 1 . '--4--PA-Â·' 4TS=1- I , lili -1 h..4 r 11 -1 711 -119-7 --1 01. rldoe helat* (cabln) 1 Ill 7 , 7 -4- ItÂ·'T 1 1 r . 2 & 11 l.Â¤-- T.-4 ~ i-1 -[--111- Itt IL - 1-,4~ - /1. , - P Â·- - 4, - L431-1 '.1Â£ - ._1-r' -r, -F \A 11 - 1 . I - 11. --41 i lln 1 elev -- " 11 17'~T-~"9--9-1 1 11 17- - - , h . 9 1= -:- -- - _/ -,- IN 'i Il t 'rl, '+ ~ 4Â·-q- --- -1174-- ---1 1 r -1 1 ' -7:--1 1 Â· ---111, 1 -1 1 1 1 1 - 1 013/ /kn 1 - r -Lt 1 11- .- '' Fj 1-1 . too Of Plate (cabin) 7 1080-6- ---- .4 -1 il Ill -- lili C--TE- Mr-v 1 I lilli 1-11 1 -1 %~ CE=ZE-- 111 11 1 1,19 1 -2 122119 1 -- 11Â«= 1[ 4-7.1111[L-- 1~11 lili *1 1.._ .J ' I E---R '__- ' 11 , i I 3--- 3.1111 11 11 I d -1. r. 1 - y 1-=r-11 1 - , 1 Il _ULA ' 1 I ' Ti. 4=6==_[11 1 1 1 , LAÂ»41111- 1 - 1- _-_ _L_-In- --u-i~~ -T--I[-FÂ«L. ~- 1-- -1127 -- -In-.Oil 1 L--- - - ,Â·L lin R elev 11 - ---- ----1 -1 -16*3 W= k- =Li--4= 1 . 881 -- -LL-====E- ---7-i~*=Ul--,n =- -u;-7 1 ~ ' 6========--==-1-EL==m==-~ ~ Â»04 *Â£ ,Â«:44,0<4,4442442%469*44%**4*4440*121%%W#%%~#ISy,$*~545 ". a V... - . .11./. J . . 1,1<wog,SDL'vA 444~<Â»94~ 0 /&Â·<14*444 *- 1 1 444' 1 - 1 1 - 4**All/ p <49494&&. 40\Â»/./. /\ c r \Â»~36111~ - 1 - 41,0.44,21+94%2)d430~366 . 5%6>G><3 -, \ . \ Â·>/\~ lk.' ...,Â»1 i i lin 1 elev ..1-' \ \ , c ,-93-r 1, - ~>tf~t~ I- - tiftÂ»>19*/AÂ¥>cy>91//A/X/h/h/,3 \/X/Ah 5%4Â»~Â»txÂ»Â»~xyrÂ»Â»Â»pxÂ»rÂ»Â»Â»Â»2 96960.*48%44 ~> north elevation from middle of smuggler street ~ perspective of no,th elevanon G F E D B 9'-0" 14'-0' 19'-0- 14'-0' 6-0, 2103~ â‚¬-7 C A 124'-r ' & '-h-: 12% .CA: j , r 1 - 1 1 - 1- .1- - 1 - - - -- . 1 1 , /,Â· Â·' - ji y. - 1-1. 1-L- 1.1 -r~=. - rli- -~ 2-Â·-7 : 44 4 -4 it- 1 1 i - 1 . 1 1 11 - 1 5 --It - - - -1 1 - Â· 14-= .-1 - 2 , 1 1 - M -- 1. - -11 7 1 1 1 1 1 1 top of plate 4 1_ _ 1 E 1 1 1 - -) IF 115-7 1 0 7, t. t _ . ~ L L,j 1- 111- 1- 1 - lin"elev - - 1 1100-1Â· 1--- 1 . -- - - C. 101, 4-~jgabb) tr-O.41& 21 h 1 .: - 7 108'4 41 11 1 1:' 4 D - 1111 11 1 1.11 0 1 dll. - 010.M hoc-101-,b 11 1 ..11Â· k > / 4 11 - 4 02-1203 Imooolp** f,Â¥ It -1-4 -2 == 1.1- r. Iln 11 elev linflelevi __-__-_ _-__-_____ i -12Â¥7- 34> /4444>64 - IftfÂ»444%Â»4~*4Â»Â» ~Â»Â«~~44Â«*~ 49+~<Â«~ fÂ»Â»~j~* - %144444*94Â«39Â«9444499*44Â«9444444<44~444424*44*1492>44%9449tt~ftÂ«Â»tottÂ»t- - lidge height 1 1- _ - _ - - _ - - _ d 1-1 , 11 - LL - -- \\ , 0 09#4.9 #*/'07*eXtrÂ¢>4-4; I 4- I , '.1 ) - b ==3 elevations north & east 42Â«*4Â«Â»Â»10Â«1Â»2>xy>qUATÂ»Â»19>44*~ 0 east elevation . . A200 eouepise.~ i ~I;S.I~IBBrllus ~ ~ NOMOnal.SNOO %10:1 e HARR TEAGU 1 17-0, 1 ARCHITEC1 ' _23'4_392-3 412 N MILL ST ASPEN CO e , t.4 4-, JA.MI-- - -- - --4- - - - - ---0-e,!L 970 E25 2558 FW< 9,0 926 Ft - lili111 -1 1 -,1 1 r<1-1.~. 1 7- 1- 96 1 1 1 1 r 1 4 of Plate 7 11Â¢-7- t.r. ' 7 115'-r ' â‚¬c,1-1-tin%,mmlon 11 + rk nn 11 elev 11*17- Ill Ali E-3 :.. i ... 111 1 1 h / 11,1 n elev \ /474,4/\ 4Â«4Â»Â»64444-Â«4Â»44*fÂ»Â»4\illÂ«4444% **4>14**%*3*Â»*4444~Â·*j /0Â»\432Â»4 â‚¬ i >, Â»ts##:I,yeÂ»>99;>3/143* i <>442.2,/>.<2,44*224<MQU,\ .02>'2>43>2~/x/0 Ix 33 \/WRY><0,0-0 4-00000<3}4Â§244&00*43*94<~<96<9*~4444***~ 1 ..elev itÂ©Â»6Â»~4Â»Â»~~~iÂ»Â«425Â» Â«+449Â»230044 <#41~,.4,~,44,~o,vi<,4<4,47%14~444141 ~~~â‚¬?~~15~7~'~,4"%~~,44%~4~14~,~1+*2BVe)77047,H,M.%40F<y.4*139214<,1 4 Â§1*4449+43~14~~494;2349~~1~44~40~*3924~ â‚¬> south elevation 3 3 /---1 + E (a 1 1 1 1 1 1 , 1 --__- ---__, ck,Idgehelt 1 7 1240-7- t i i ...1 9 - L 1 1 --+ /4.-2 11- / .9-9 4 -4 - LF f 9- 4-_ 1- -- f -- 411 --Ze 1-: 1 1 1 1 -1 0 1- 1 1 1 - - 0 11 i ---------- - 1 1 + 115'-7â€¢ T Lili -,-11 - 0 1 0 11 1 1 - 1=1 - - 1 I t-2 - _ I. =r -- 11 4 1 ...1-- Alt, f .33 <Cz f~T-l {f~t?~ --Â·- --- 4. - 1 - , w. 11(7-1â€¢ 0,1 1 elev 11*of.1-{cabll.,6 ---__ 1 N l.=.1L. 2-1). 52 2 - --.P= f -i ..'--1.- . 1 714-19 1 -1- - f 108Â·â‚¬ 7 -1 -- -- ~ - -1 -11 1-f -L~ J-- ~4-*9 l~ |~ |~~ ||-~Tn 1 4 1 j -21 12 11 1 lie mt I ly- - - 11 0 - 1 1 1 01.09.01 Imcioilgieel ~ *%Â£3** In 1 elev 1 - _ - _ _ L- 11 1 lillill - ~wilf*ft4. 429Â»Â»4440Â«~4Â«4444< 44<44 Â«444/44 109-7 60>4/Â»>Â«94/Â»96.0>/Â»92>/hÂ«/..40 .,.Â»Â»A.AARB, 14Â» 44Â»Â«4Â»Â»Â«Â«Â»94Â»~Â«Â«Â«Â»trÂ«Â«Â»Â»94Â«Â»4Â«4444fÂ»Â»Â« - 9Â§**@US*Q*id@04j**8;6%%,5;y*:%Â«A**>21>Â»56%**;33*53*49*02*48*~ - Â»Â»Â»6Â»Â»Â»9Â»Â«Â»Â»Â»Â«Â»Â»Â»44Â«439Â«Â»3Â»Â»42Â»Â»Â»94Â» - 1494*44Â»44444Â«444~**~*~~~Â»~*~~~e~~uÂ»** - ....*. ~Â»494<4Â»64Â»44>2Â»f~Â«4Â»Â«92444 . .Â«Â«Â«Â»Â«>.32*kekss&224/2&35ds#Gax&722 <5'bki,FS,LfEAdid,DSVkja,525*mv'jGSfeedE~ar#~92,ip##MA**24&~m~ - A D P,40,*no: oil elevations 4% 996 44.4.<2444*01/~14*AbATSk~4.*/444,4 R.P. /4 south & west Â«4Â»4Â»YofÂ«Â»Â«9Â»~ 0 west elevationlWalv a.. A I AZU 1 ~ eouepis2*1221,65nuis ~ SNOO WO=l lON 90'4 1r 4541' 46'-ove I ~. --- alley b ock 27 / -- % .I ./ , -4:; ' ~ - : Oj141*jÂ©-I Tqk 4 /9 \ \ ~ ==-3 -23-/Z--1_3=-r -~2 ~~L~~0,/ 4Â· r / m - - A---1 i ~ i ~/El:Â·~y. B~,~.. \31 '.::5-.0-~~-9Â°4 - ~- f.3@30-r---1//-- .- J C ' 4 1 - 44 --- 7 4-2.%264,~~\j 1 (# 11 - 1 / -1 '11 " 011 94?'hl' 1 / 1 &, , ji Uy' 1 1404:t~ F ,\In- F f. Mt ;:-m .. 1.1 11- 44\4 - L - 11- I it<il~~; 11.i. pl~ 1 I-J 11 i 16Â« 5'4 5'-0" L \1 I /{Ail (>44--- 47 11/14 . 1 i I \ - & 1 , -- 1 1 8 4 ' ~ \ 5'-0~ jgL. 1 2 f. K r ir f 1 . >~ - - -FI--11==.EEL 1-1 1 L ~dn-' .Gll 641 -1- -12 / /*----4 %- r.<t\\ \19\1\ \ IPÂ·Â· 1 1 ; "'11 riHI' AL ~-1 -1- I 34tc 374>2\\\ \ 1--/1 ./h\ .1'.,-.~....,-%.jl b .Â· 3-17 :-1#-- ----1 1-~ 1\\ 1 1 N - 0 4- 1 * U L.r Â·- ~b C 947 '- 1. 1, j /8 1% f 1 1 3 . 41 <, 4 4~ ;L . \. ~ \/ 1 1 ~.-j,li.#rK -- t.'2-440=37't* - -1- - ---------V--- . F : ----I*M~ 3 . I 4 1 i 1 ..,1 7. lf'.> I 1 .'' Â£< \ 4-2 -. i A Jili,'1/4/\\ p. 1 ./. 1 :\ 1 . 6 -LI, J _ -6.=-=22.--- -1./5 1 7 44 4 1\ west smuggler street t NOT FOR CONSTRUCTION 1 1 1 * harman residence 513 west smuggler street 1 1 aspen colorado -W N.rh HARRY . TEAGUE ARCHITECTS 412 MILLST ASPEN comell 00 9252556 FAX 970 9257961 / ST#'% ANÂ»/ \\ \ \ - \ / \\ 0% e 3 44Â· \ - \ , \ a.1 - \ 142,1 \\ \ Tur \ *Mi -//,/// '/ A \ -<41*Â» ' \ setback line , 1 -- // 11 ,- \ - r \ / 1 .-* \ \/44/4 t \ \ , b 1 1 / . \ // / / //T \ Â» 1 11 /0/ Le)*NameW:Â·-~Â·Â·â€¢Ki~. -:4' :Â·-â€¢ ~LAÂ·Â«:.Â·AÂ·:mÂ·. ;>Â·224%U.Â·-Â·.:,3-p>,;?~4%~*/ \1\ 6 / ' . i \ 'i- 4 mech=* Â·Â· ,//- 9 1 -1 7 q' ' 1 4 \ j. , \b 44 / -s/ - \\ 1 -74 \ PME&% sky \ /1 7 Ir . /4 Â»Â«3.1.-0 \ \4 + r\19 .......... , Â® 11// 144% C ma \ 4 'p1.I#qp -~ -* IA ..4.I- i...:L '+ . I'%'/I -': I /+: =I 'I- : Â· 1 1,0 / / ,Â· e LO 1 4. 1 & \ 9. 1 U piay,rÂ»rn me Na Un c CO . a 2_1% b 1 1% 1; 1 / . . 7 1 UP4 Â·~ k 1 \ h A m . /0 - 4 F.4 \ e ; I . 5./. Â·Â·V....Â·c=....fi.Â«â€¢, /1 ./.Â·Â·:Â·6~ - setback line \ \ \ 2 ,- 1 -1 1 /4 17'-2 29-4 30'-6. 101-0. \\ / X Â¤ 9 0 9 0- 80'-0' 04.24.02 4-=p-1 0 0 0 P.4Â«*1. 0107 lower level floor plan 1/40 -1'-07 A100 eouep!Sel jeeijos|~66nt.us ..7 HARRY TEAGUE ARCHITECTS 412 N -U ST ASPEN co Ble,1 970,25 2556 FAX 970 925 7961 ./,0,/Il./*login \ \ \ \1 1\ \ \ i \ \ - 26\\\ , i f /\ f / '1 1 / \ fence line ~Â·~ \ 1 39 ~ . \ \ line onot split I \ / \ 1 / , -irÂ« 1 ---X- LE, ---92%32 \ .1 4 91 t 12--------------------I-z < 'Â»t~ tf~~ f 2, 1/ 1 -\Pl i e f / \ /2/331 / r:IN il, -*- / ...41--L~ 11 , , 1 . , \ Al , , , N. \J j - / ,-->-4 1- rd:*1 j '1 41My- p./16 1 1 \ \~ 1 I 1 - 111 W' f.J,4 .~1 --- 11.-1~ i Ili - hv/),<t 42* i ,~ 7 2 CÂ«f- 1 F 27 - i -) 1/\ 10:133&.. ., I . 1 I , 15-(r , 2 'f 154 141 1 ' 1 . bet*oom C \\\ 91\42 L---3 H - A bethroof./ ~ 1 11 ' d L_.1 51 I F 141 CIO "' I [le : E-311 ~ F.-7371- Â»*-#P "V 1 P __ ~4==4--11[.. m r-~-44--414- .., ~ / \39.,1. 4.1 11-21.~Â·pf *11-124% 3, 09 ,-4~ %4Zz~I '111.. --AÂ·-=====Â© f#b $-, */:Cr''O,M''r. Â»eAMI' .1/â€¢I,- â‚¬3 1 ,- t'' 1, 139 4 41 1 1 , 1 1 4 4 .4 1 :- /11--1 :2 f 1 1 Â«,4 / f 1,\~ 1 ~1 - // -3 1 1- /2 ' ~4 / ..0 1 a -F - , h I i 1 r k i , YÂ¢Rf 10'-0. ' 1/ ,, f cdr %MI /- ..iaai tal. 52 1 7-43' % 22'-(r *â€ž* 1- 30'-6" ., 4 1 04 2- 042402 Ape Oâ€ž,c~-W,ept 80'-7 Â«>uvul 1Jln)03 Â£ n / 0 4 ---1 ~0Â«3172 0 0 0 0 LL et. - main level floor plan 1/4.=14' A101 eoueP.!SeJ Uelll WeRS Jel86nuls;Se,A â‚¬Lg opejoloo uedse - ,-7 HARRY TEAGUE ARCHITECTS 412NI.ILLST ASPENCOmell 970 926 ZSM FAX 070 025 7961 1 - A,00Â» ~% I \i /\ \ ' J' f' \ 6 // , \ =--'.,1- \\ ..\ 1 / 4.1 , , X. 1/ f \ \ Â£ \ 1- \ t, 1 / N : \-U\\1 1\\.t,%L t , N \ / -\ t \ I , l.\ + R . 1 \ \ // i -1. \ setbacli line \1 -114 /--h 0494944\\\4 1 \ //*p-Â· vÂ«k-~ - 11 / /, .JE:47 1 1 \ Al 0.1 \ ---- \ - I I ;4\/ h\\\\1 \\14*\63\9\ , , 4, r 1\N O 0 A / F 7 \,r , f.--- / A. UJU~ r,v* , C Â»\ 4\29 \\\.\/ 1 - 1 riA M ./ 0D 444\44<\14\1\4\--- 3-y\ / \--- 11 4 1 , 9 0 \A r, /% I li // ,;22-3 \\ h A M b k : .6.1 r \' 1 4/ 1 / / Â· , , r.- /1 33 -1 7 <1 Â£B-~I~~n~, room ~~1 \.,~\ , \Â»\\\911.2- \1 9 -\de .11 ! 42.a) 92 \ \6\ Â»3/3 , u T U <-\ \4 3 m 09 VA 4-11,1> ,\ ~d P- A 1 E - LO - al. 1 1\ \ i /1 - % \\ \\/41 1 1 0 \ 1 \ - - ~34 7 kzo----44-- )1 ,~cr>,9;f \ . ._r=.1,((PITIT:JNiTAA ' / 1\ \ 1 4 32_/. ti./Al M \A r- -141%54#'4I~It-4 1 '4\ ,- < 1 -1 5- . -1\ 1 2. \ , $ 6 ./ ..4 1 \ 1 4. --4- 1 10 ( i, 1- ' 4 4 f 11 i 17 Â· 1 k (t.21 - \ i ~ 'gLA L '.4 01* rt \ ., /9 17'-6. .4, 1 1~A 2 (h-,1 - 22'-0" 30'-6" , 4 k 14'/ I -' 'Â·:O. 94 \ 1 4.7 'rf 4 4---4 942 --Â·01:-.34 '. '71 I-,f f~ J --~'' M/--- \ .... 3.1 'j Â£7 1 Â·-t/ 3 . Â¥2 - M... / . 042412 * =1-5-.PL \9.-,-~ L.\34,0 93 X312'Â·-- 84-CM 4.31Â« Â·'7% Â·.b -44.~-,12 =3 U. - a, L ./ A---Â£ LL ...... 0107 0 2 upper level floor plan 1/4' = 1'-7 A102 lee49 Jel66nlus ope10100 ueds NOI.LOnkliSNOO HO 4/ 0 + i ') 41I 1 1-4 - . 1 4 11 'f '11*i,* , ,-' u Â£ 7.Â£ I ?fr...5, ; i Â«f) I ", 3 - ...r 4. C 4,6 704 44:i~ i#/*~rwwtap f *81' 'tlts ' 4. '7*#gE r t,W , 21 1. Â·-- i -1.,- --1---.. --- - ff. iF 111111 1,1111 11#111111 1 A . 1 ; i 2 -4 11'IFmEN-Tiff,MB[ RnnMill~I~?7/9 -__v ~"1Â·1 ~~f77* 11.1"m: 219==~ p . 1.#, 44*,<9101 ..Â·-Â· 119.1 E -114~Â·I'~~~ . ~ ji.by#1 i - :,Â·?41 IS*~ B -14â‚¬ :11 1 01 r, f li ?0 'r~ 1 1 ! 1 1 *,4 Â·4941 . , .MÂ·Int *11&10 4.11 0 - ~f /111 11 -43 " '*!~1. 11 * 1 1 97ma~Ill;-Il Il< -, 2 6 /, 1 117 rÂ·.,1 nâ€¢11*0*1#42#MI~UD)411 ..2. 't=-4-"-1 ~ . It / 1 [Râ€¢eE/41,11 1/ B!,; ili 0.-2 1,1 : 2.-1.11 11-;'111'IN 1111111 21'14 /Gh . <311- 1-_- i n.4'i 3! 1 WNÂ» li : 1 431-12-1 L.. h -mm.-- ---- ---1<"1*6 rit,FiC -4, i 1.11 / '711 1!/AX,i.. 941- r--1. AP :af 1 i Â£ 1 \ R 4 in ... 1 .. . - -, ...1 : i:, It; Â·'Ali :FIA\, 11 1 Â·. \4.1 - -1% 1 1 1 lit AUL'-41*7 1- - '141- I 11 i 3. A \ &11{\ 1 - /7.- 1 :1; -*#.~-1â€¢1,1,â€¢'Clk...4/M 11 1 w...aLU-Jfl|Ul/ 1 L... a:WI -' ... Me,929 - 1 11.2%9(1 - B.- ' ~F Ar# 42 4~t*I.~Â©1- : St. ilf U A .. 3 - 17 1 11* 41 f -4- I 65 1 il r f 14 4 ! j 4 ft f #I 'I /* .: 1, AhÂ· L -- .7 f r . NOT FOR CONSTRUCTION m ' harman residence 1 4 1 : i 11. lie 4 513 west smuggler street ~ \ 00 11 aspen colorado -1 180 118&8' ~ uoneAele ;See ~ scale: 1/4-=1'-0- '8-.91-k * 00ZV ARCHITE FAX 070 925 798 HARRY TEAGUE I 1 I Â¥ I i# 1 1 C. 1.1 1 4/ r 'j r -'' A Al- . i 'J ill 1111 j 11 1 ..~Qksâ‚¬71/1-/1,111$ 11 h . 1, 1 -IrÂ·.',â€¢ 11 : A. k . a '1 1, 1 1, a ~.......... 111 'IIi '11 lili .1 . 9-=,GUE *F'~ - '-i' ,â€¢,1\ m 1 11 -, 411 411.::10'lili - .7-"."r.,1-K-,r'.111 1---J N - lE %1 11 !/ 1 111 1 jint' .Â· - *-Â· m, TmmTITT f. ,&4,. , I :, 1 t 1 -/ Â¥ '1111. 11111'|11'..lA\ -0 1 Im411*,- .':li'' 111.14-6.- --- 1 Ilit'I 4 ' . 1 1 1 1.,1 ' I . tl 0 . -~*wojw*~a ili#i ilikAM i Ill Â·' 4 ZMF.Ft;Bvmt 11 , 3 1?! 3 , 1 1, 1 Iii, 1.11 Illk\ 1 1 '1 1 . 41, 1 LiENKEKMMIMWlild 4?,/ nmumm.4,!ini *11 u-t ',â€¢Aâ€¢:1ILA.144-12#'rir#fjjn'Inil 11 - - 71 Tly.1 a vtÂ·, - %'2~'~~ 4 t !~11110*| ;11 21'IS di I~ iI I l 1 11. ... 2.2-...1 ... Dt, .......Â§2 1 11 1 111 1 j;.- A 2 3.' .9.1: :.51*91 11~ ? 1,111112:11111 :41.,4 ' IllÂ· .' ,! '.. r<,1 1 , .0. t 1 r - t. r IZA 0 1\ / i , 4 -* , k -2.-992 Â·k -Â· ~ 1 t~ll~11~ CU U . f..1 : 1 li 1. 1 .4,11 121,1..r ..' 1 1 .1 11 11 ....44. U 1[[1: .j:Iii'.'Eitill i .i:;.'Fi ; {.1 10 !11'. \ t.'11 2,4 4Â£<j~ " 11. l: 111/,ji,"il''lii,/liti. 112'lii, '.Â·L 1 4 .0,+3.:irill - - {,2<1~ '~* *n'I~r 1. Ii.~~~~~~~111111.!P 11'11,1,1,j i 1 / , 1 -11. 411'lid/!t; 2.1 1 ,- , -4- Â·Â·j ' - 14- 1 1 , . ..,a.1 zj I :11 1,1, 1 111 11 ~ 11 11 'lil\\~~Â¥-(-.1- 9. ~gâ€ž.,=1 1/- .t *fr- .1 144 41 1 1 1 1/ lili.1 I 11 ; It 1.1, 1 .1-4 1 .t, Luk.--,~ti.'t , " ' {I 1 j ~,.t'*~1 1 1 1 31,11,1 1%,S i i A iÂ· 1~,1 >7--1 t--Â· ! 1 E-.h. 1 ,Â·Â· Â·1' L j: -4- 41 1 1 11 3 1 1 NOT FOR CONSTRUCTION 0. 11 1 Â»-4= 2' harman residence I mÂ» N i :S< * 9 X Â» - 1 90& 1 513 west smuggler street c Po 1% i 0 10 , 1 1 [ aspen colorado 49 0 m E j< 2-IM 4 .9-1/: UOReAele iseM 412 N .. 4 513 WEST SMUGGLER STREET application for hpc conceptual review contents attachment 1 land use application form attachment 2 dimensional requirements form attachment 3 general submission requirements Â· letter of authorization Â· title of authorization Â· vicinity map attachment 4 specific submission requirements: conceptual review, partial demolition, on- site relocation, variance, and historic landmark lot split Â· written description Â· existing site plan/survey Â· proposed site plan Â· floor plans Â· building elevations attachment 5 specific submission requirements: final review NOT APPLICABLE attachment 6 residential design standards .. ATTACHMENT 1 LAND USE APPLICATION FORM 1. Project name ~4%71*0 ~elÂ») 063 2. Project location ..513 Weir- -5/b1u44.6-74 -57xerr- f Ape-0 , co SU>o< 2--7 : L.drs 6, F,4 (indicate street address, lot and block number or metes and bounds description) 3. Present zoning 2Â· 6 4. Lot size 40.0& yIOD.001= 9006* 5. Applicant's name, address and phone number I>gew IL- 5-l3 \28.- SM uÂ¥*g=- 6,rzeer : Ampee 1&543 +3 6. Represpntative's name, address, and phone nurnber /~;i,z,~< ~**ur *cm,11(,3 4vz-- tvommr /116. i,Ft,T : AspeÂ·) 12.5- Â· 2.5-/A 7. Type of application (check all that apply): Conditional Use Conceptual SPA >C Conceptual HPC Special Review Final SPA Final HPC 8040 Greenline Conceptual PUD Minor HPC Stream Margin - Final PUD Relocation HPC Subdivision Tex#Map Amend. __ Historic Landmark GMQS allotment GMQS exemption __ Demo/Partial Demo View Plane Condominiumization Design Review >S: Lot SpliULot Line Appeal Committee Adjustment 8. Description of existing uses (number and type of existing structures, approximate sq. ft., number of bedrooms, any previous approvals granted to the property) 4- Rep124 11s/,6447 -rwd - 3-,-P *7 -5-T-F ij e7-,A)E - 4f'Pitel f .56SD 0 IAOLuper 560+ V1 c-rDE.104 MIU E-~0 04Â·*14 9. Description of development application Ltrr- =PLIT 1 Kn= 1WD 451 1 DO Lols -0 PrS-F Lo-< 1 CoA)5-TTeucr *2-7 0 + Nâ‚¬W MOÂ¥96 - 4- Reprzetms \I0E5-T-- Lal- 1 >EMOLLS,4- Age,-r,6,0 - BELOC.M-E ANc, ikGADVA'TE t:.Aew Co,Js-raver- 7312-4 New wvsâ‚¬ (540+69,0 + 1-159+4991-no,JJ-4 &5012:er#MS 10. Have you completed and attached the following? Attachment 1- Land use application form Attachment 2- Dimensional requirements form Response to Attachment 3 Response to Attachments 4 and 5 .. ATTACHMENT 2 DIMENSIONAL REQUIREMENTS FORM Applicant: .13-ALMi~NI, Address: 3-7.& W 637- -St #44(.Gnt 67-=arT Zone district: 12-9 Lot size: 10.06' 6 /00Â·00' - 9006+ No gg -NIVE, 1/1, -two 450' 100' = 4990 + Lon Existing FAR: =3650 + Allowable FAR: Ae,â‚¬1 1.0Â¥ spu.-r 1 4{E) coM .4 0, + SDD flÂ»c- 804 us Proposed FAR: 4580 + : 2110 + gasT wr + 11 to 45 leâ‚¬1-T LoT Existing net leasable (commercial): - Proposed net leasable (commercial): - Existing % of site coverage: - 30 9. of 9000 + 4-b-7- Proposed % of site coverage: 2.33 1 Aa,7- 1.Â·r ) â€¢F 420*60Â·r ~ .yl 1 Aer L.,) ~ 3676 7D7*L Existing % of open space: - 70 1 Proposed % of open space: =67% A'15Â·r (07- ~ 9 9,6â€¢w L.A I 64 107-5,-â€¢,_ Existing maximum height: Principal bldg: 23'G" Accesory bldg: Proposed max. height: Principal bldg:27'G' Accessory bldg: /0, f' Proposed % of demolition: = 8390 Existing number of bedrooms: 4 Proposed number of bedrooms: 4 â€¢be mâ€¢ce Lar Existing on-site parking spaces: 3 On-site parking spaces required: 2. Fee â‚¬74'4 4-0-r Setbacks Existing: Minimum required: (rOST 4-07-â€¢.S,60) Proposed: Front: /3.5 ' Front: /0.0' Front: /5 b Rear: /3.6' Rear: /0.0 ' (9.0 ' <~'~e~ Rear: /5.0' 620' gâ€¢-95 Combined Combined Combined Front/rear: 21.0 'g,wgoo,)Front/rear: 30.0' Front/rear: 30.0' Side:S.5 ' AIN /0.0'j Side: Sto ' Side: 5.0' Side: 5.5' (M,Nt /0.09 Side: 510' Side: 5,0 ' Combined Combined Combined Sides: //.0' Sides: /0,0 Sides: l0,0 ' Existing nonconformities or encroachments: A/QU-04*12:MW~ .SE-730rc#Â£6 - COMhINEW FyÂ·ONT 'EFRL - iR[5-1,Â¥ 39â‚¬3 1 Variations requested: 580Â¢ F.AA 15>60\\> 9~A,110 W 1112 E*Â·g-t. feK- *FF'Lfuâ€¢-now (-re-7,1 AA,B, = 4580 0) (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) .. HARRYTEAGUEARCHITECTS 412 north mill aspen co 81611 t 970 925 2556 f 970 925 798i mail@teaguearch.com 513 West Smuggler Street Conceptual Review Application Responses to Attachment 3 .. December 19, 2001 Drew Harman 513 West Smuggler Street Aspen, CO 81611 tel: 970.925.6343 Amy Guthrie Historic Preservation Officer City of Aspen Community Development Department Dear Amy, This letter authorizes Harry Teague Architects (412 North Mill Street; Aspen, CO 81611; tel: 970.925-2556) to act as my representative in the HPC review process for the proposed significant development at 513 West Smuggler Street. Sincerely, 0- 4- Drew Harman Â¢ .. ALTA OWNER'S POLICY - 10-17-92 POUCY OF TITLE INSURANCE ISSUED BY STEWART TITLE GUARANTY COMPANY SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, STEWART TITLE GUARANTY COMPANY, a Texas corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused this poticy to be signed and sealed by its duly authorized officers as of the Date of Policy shown in Schedule A. STEWART TITLE 9 GUARANTY COMPANY C 1044/ h ,fâ‚¬Rk~ chairm*ff'the Boar~_ 165 -*-4%231 Presifdent L, Cg,Â¢ilersigned: tkgwy '<UN/' ountersignhure - Chuck Dorn STEWART TrrLE OF ASPEN, INC. Agent ID #0601 1A EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and tho Company witl not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a)Â·Any law, ordinance or governmental regulation (including but not limited tobuilding And zoning laws, oidinances, or regulations} rcstricting, regulating, prohibiting or relating to 0) the occupancy, use, or enjoyment of the land; (ii) tho character, dimensions or location of any improvement now or hereafter crected on the land; 0 ii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) cnvironmental protection, or thc effect of any violation of these laws, ordinances or governmental rcgulations, except to the extent that a noticc of the en fo.rccmen.t therÂ¢of or a notics of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records 81 Date of Policy. 0) Any governmental police power not excluded by (a) above, except to the extent that a notice.of the exercise thereof or a notice of a defect, lienÂ·or encumbrance resutting from a violation or a}leged violation affecting the land+ has been recorded in:tim public records at Date of Policy. 2. Rights of eminent domain uniess notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from covcrago any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaSÂ¢, for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by thÂ© insured claimant; (b) not known to the Company, not recorded in the public records at Datc of Policy, but known to the idsured claimant and not disclosed:in writing to the Company by the insured claimant prior to the date the insured claimantbecame an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attachingor created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained ifthc insured claimant had paid valub fof the estate or interest insurtd by this policy. u - 4. Any claim, which arises out of the transaction vcsting in the Insured.lhe estate or interest insured by this :policy, by reason ofthm opÂ«Ation - federal bankruptcy, state insolvency, or similar creditors' rights, laws; that is based on: (a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance br fraudulent uansfbr; or 4, (b) the transaction creating the estate or interest insured by this policy being deemed a preferential -transfer except where the Frefrrctitint~ -~~ transfer results from the failurÂ©: (i>to timely record the instrument of transfer; or (ii>of such rccordation to impart notice to a purchaser for value or a judgment or lien creditor. .. 4. 11 , i Serial No. O-9701-77373 i . 0 0 -0 -- r C=hT CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS. Thc following terms when used in this policy mean: (a) 'insured': the insured named in Schedule A, and, subject to any rights or defenses the Company would have had against the named insured, those who succeed to the interest of the named insured by operation of law as distinguished from purchase including, but not limited to, hcirs, distributccs, devisecs, survivors, personal representatives, next of kin, or corporate or fiduciary successors. (b) Â»insured claimant': an insured claiming loss or damage. (c) "knowledge' or "known": actual knowledge, not constructive knowledge or notice which Â·may be imputcd to an insured by reason of the public records as defined in this policy or any other records which impart constructive notice of matters affecting the land. (d) "landÂ»: the land described or referred to in Schedule A. and improvements affixed thereto which by law constitute mal property. Thc term 'land- does not include any property beyond thÂ© lines of the arca dcscribcd or referred to in Schedule A, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or watenvays, but nothing herein shall modify or limit the extcnt to which a right of access to and from thc landis insured by this policy. Cp) 'mortgage-: mortgage, deed of trust, trust dccd, or other security instrument. 0 -public records": records established under state statutes at Date of Policy for the purpose o f imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. With respect to Section 1 (a) Ov) of thÂ¢ Exclusions From Coverage, *public records' shall also include environmental protection liens filed in the records of the clerk of Ulp United States district couit for the district in which the land is located. (g> "unmarketability of the tit}c-: an â€žaUeged or apparent matter affectingthÂ¢ tittotoÂ·the land, not excludcd or excepted f~p Â¢oxcr?gic which would entitle * purchascr of the *stateor intercs:dÂ©scribed in ScheduleÂ·A to bc released frem thc obligatien to purchasc-byÂ¥iâ€¢ue<>f. a contractual conditionÂ·requiring the delivery of marketable title. 2. CONTINUATION OF INSURANCE AF1ER CONVE'VANCE OF TITLE. - The coverage of this.policy shall continue in forceas o f Date of Policy in faxor of an: insured only so long asÂ·the insured retains an estate or interest in the land, or holds an indcbtcdncas secured by a purchase money mortgage given by a purchaser from the insured, oronly so long as thc insured shall have liability by rcasonof covenant3 of warranty made bythc insured inany transfer or conveyance of the estate or interest. This policy shall not continue in force in favor of any purchaser from thÂ¢ insured of either (i) an estate or interest in.the land, or (ii) an? indebtedness secured by a purchase mogcy mortgage given to the insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT- The insurcd shall notify Â·the Company promptly in. writing 0) in case of any litigation a,Â·sct forth in Section 404 below, 01> in case knowledge shall come to an insurtd' hereunder of any claimÂ·of title or interest which is adverse to the titlc. to the estate or interest, as insured, aIx! which might cause lon or damage for whichthe Company may be liable by virtue ofthis policy, or (iii) if tiuc to thc estate or interest as insured, ismjected as unowkctiblc. H pgompt notice shall not be givento theCompany, then asto tho insured all liability of the Company .hall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that fliturc to notify the Company shsll in no case pmjudice the rights of any insured underthis policy unless the Company shall be prejudiced by the failure andthen only to. tbc: citent of the prejudico. 4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF 1NSURED CLAIMANT TO COOPERATE. (a) Upen Written request by the insured and subject to the options contained in Section 6 of these Conditions and Stipulations, the Company, at its own Â©ost and without unrcasonable delay, shall provide forthe defense of an insured in litigation in which any third party asserts a claim adverse toÂ· the title or interest as insured, but only as to thosc stated cause, of action alleging a defect, licn or cocumbrance or othermatter insured against by this policy.- The Con*aoy shaU have the right to sclcct counsel ofits choice (subject to the light of the insured to objec* ft>f~reasonableâ‚¬*1110) torqresent Â·theinsurrd asto those stated causes of action andÂ·shallÂ·not be liable for and 4 Â· 0#194 pay thâ€¢Â»#s ofâ€¢ny Â©03*rgounsel. The;Comp,ny will net ply any:fecs, cost, or expenses ihcurccd by the insured in the dÂ©fensc of Pit:QU," Au.$Â»f,419# which 41*gpizihien A'*004 4*in# hy thisÂ· policy. ,Â£, 4Mr-'(b) Thecompanyâ€¢hallhaÂ¥Â¢>,the.nght, at ils â€¢0Â»*Â·cost,to.Â·institute and prosecute any action or procÂ®ding or to do any Â©ther act which 2*its opinion nlly bc--pcce*ury- orÂ·desirable,toÂ· establish the titic to the cstate;orÂ·interest, as. insured, or to prevent or reduce loss or damage tothe.imured. tric Ce#lpany,may take any appmpriate action:under tho terms of this policy, whether ornot it:hall be liable hereunder, and shall not thereby-concedeliabilityÂ·Â·or waiye any provision: of this policy. Ifthc Company shall exercise its rights under this paragraph, it shall do so diligently. (c) Whenever thcCompany shall have brought anaction or interposed a defensc as required or permitted bythe provisions ofthis policy, the Company may pursue any litigation to final dctermination by a court o f .competent jurisdiction and expressly reserves the right, in its solc discretion, to appeal from any advcac judgment or ordcr. (d) In all atelÂ· where thit policy pennits or requires the Company to prosecute or provide for the defense of any action or pnoceed- ing, the hisured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, and all appeals therein, and permit tbc Company rouse, at its option, the name of the insured for this purpose. Whenever requested by the Company, the ;nsured, at tile Company's expense, shall give the Company all reasonable aidÂ·(i) in any action or proceeding, securing evidence, obtaining witnwse, prosecuting or defchding the action or proceeding, or cffecting settlement, and (ii>: in any other lawful act which in the opinion of the Company may be necessary or desirableto establish the titk to the estate or interest as insured. i f the Company is prejudiccd by the failure ofthc insured to furnish the required cooperation, the Company's obligations to the insured under the policy shall terminato, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. .. ' TA OWNER'S POLICY SCHEDULE A Order Number: 00026636 Policy Nod 0-9701-77373 Date OfpoliCy: June 21, 2000 at 3:28 p.m. Amount of Insurance: $ 2,575,000.00 1. Name of Insured: Andrew J. Harman 2. The estate or interest in the land which is covered by this policy is: FEE SIMPLE .,? .--x.L: Â». ..i- 9.,Â·94 -.0-:skd :7;ju) 21<ziar :kitw.Â£ S,Wi-.. 2 3. Title to the estate or interest in the lalid is vested in: Andrew J. Harman Â· 4. The land referred to in this policy is described as follows: Lots E, F AND G., Block 27, CITY AND TOWNSITE OF ASPEN COUNTY OF PITKIN, STATE OF COLORADO - - A ' OWNER'S POLICY 1 SCHEDULE B Order Number: 00026636 Policy No.: 0-9701-77373 This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Rights or claims of parties in possession, not shown byÂ·the public records. 2. Easements, or claims ofeasements,-not shown.by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments. and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien,.or right to alien, for services, labor or material heretofore.or hereafterfurnished.. imposed>by law and not shown by the public records. 5. Unpatented mining claims: reservations or exceptions in patents. or an act authorizing the issuance thereof; water rights claims or title to water. 6. Taxes and Assessments for the year 2004, not yet due and payable, and subsequent years and any special assessments not yet certified on the tax rolls of Pitkin County. 7. Exceptions and reservations as set forth in the Act authorizing the issuance of the 'Patent for the Ci* and. Townsite of Aspen recorded March 1,1897 in Book 139 at Page 216 as- Reception No. 60Â·1Â·56., and reservations as set froth 18 Deed from the City of Aspen. 8, Encioachments of fencing into Smuggler Street and alley as shown on. su#vey by Aspen Survey Eng.ineers dated October, 19994 Job No. 16323.and recorded December 14, 1999 in Plat Book 52. at Page 15 as Reception No. 43Â·8576... NOTE: Smuggler Street encroachment is permitted under Revocable Eneroachment License by the City of Aspen recorded April 3, 2000 as Reception No. 441891, subject to the terms, conditions and restrictions set forth therein. 9. A Deed of Trust dated June 21, 2000, executed by Andrew J. Harman, A Single Person, to the Puhlic Trustee of Pitkin County, to secure an indebtedness of $1,000,000.00, in favor of Wells Fargo Home :Mortgage,.I,ne., recorded June 21., 2000 as Reception No. 444422:. .. ENDORSEMENT FORM 110.1 (Rev. 5/95) ENDORSEMENT ATTACHED TO AND MADE A PART OF POLICY OF TITLE INSURANCE SERIAL NUMBER O- 9701-77373 ISSUED BY STEWART TITLE GUARANTY COMPANY HEREIN CALLED THE COMPANY Order No.: 00026636 Said Policy is hereby amendedÂ·by deleting paragraphs 1 throu 4 , inclusive,â€žof Schedule B. This endorsement is made a pan of the policy and is subject to all of the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and any prior endorsements, nor does it extend the effective date of the policy and any prior endorsements, nor does it increase the face amount thereaf. Signed under seal for the Company, but this endorsement is. to be valid only who it bears an authorized.Â®untersignature. L/0 1 * STEWART TITLE 9 GUARANTY COMPANY Â£11 6 4 crgi-<94 --. - Chairman of' the Bodr~~ ~ Pres:iddrit l . 107Â· 1908 ./C~ C J- Autho*2Â¢3 Countersi gnature STEWART THLE OF ASPEN, INC. Agent ID #06011 A Serial No. E-9851-90020 .. CONDITIONS AND STIPULATIONS Continued , .OOF OF LOSS OR DAMAGE. In addition to and after the notices requircd under Section 3 of these Conditions and Stipulations have becn provided the Company, a proof of loss or damage signed and sworn to by the insured claimant shall be furnished toÂ·thc Company within 90 days after the insurtd claimant shall ascertain thc facts giving risc to the lou or damage. The proof of low or damage shall ducribe the defect in, or lien or encumbrance on the title, or olher matter insured against by this policy which constitutes :bc basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of (he loss or damage. If (he Company is prejudiced by the failure of the insured claimant to provide the required proof of lou or damage, the Company's obligations to the insured under the policy shall terminate, including any Imbility or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such proof of las or damage, In addition, the insured claimant may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for eximination, inspection and copying, at such reasonable times and places as may be designated by any autborizcd representative of the Company, all records, books, ledgen, checks, correspondence Mod memoranda, whether bearing a datc before or after Date of Policy, which reasonably perlain to thc loss or damage. Further, if requestcd by any authorized represent*tive of tbe Company, the insured claimant shall grant its permission. in writing, forany authorized representative of the Company to examine, inspect and copy all recor,b, books, 1Â¢dgen, checks, correspondcAcc and memorandain the custody or cootrol of a third party, which.resâ€¢onably pertain to the lou or dam46. All information: dc-,ignated u confidentialÂ·by the insured claimant provided to thÂ© Con*an, pursuant to this Section shall not be disclosed to others untess, in the rcasonable jutment of the Company, it b necessary in-the administration of the claim. Faiture of the insured claimant to lubmit for examination under oath, produce othcr re,onâ€¢bty.requested informhtion or grant permission to secure reasonably occessary information from third parties as requimd in this pingraph shall terminate any liabUity-ot thÂ© Compagy under this policy u to that claim. 6. OP'nONSTO PAYOR OTHERWISESETTLECLAIMS; TERMINATION OFLIABILITY. in cuc ef * claim:undev.thi,policy, the Comp*ay.shmlthave theÂ· following additional.options: (a) To Pay or Teoder Payment of the Amaunt#Insurance. To pay or:Unde, piyment of tho amount of imminoce undcr this:policy:toscther with 44 costs, attorneys' feesÂ·and expenses incurredby thÂ¢ insured claimant, which wers. atithmizeÂ¢**Â·the Com#14*p,Â·to thclimio:9(PaÂ¢mfnt Â©CIAndcrÂ«payment and whigh th, company U obli#ted + pay. Upp'"ShÂ· cE,F,*,9-4Â©948* 01*4. PREÂ°Â°' "~ 11.bUity .Ip,1 444.010 'thbigupd< ~48ct this policy, othcr :hanto make the.'payment required> shall - , )*Gaint. v~'Uji48* 9Â¢ swieip..14-?*Od. DracptÂ£#& of *6%442 04 #14#tion, â€¢â€¢51 11Â£4914 ibill-be â€¢ugenderâ‚¬d to the (fompanyÂ·for c.44!*tion. 4-~4*j@k~:44-Uk*Â«4*4~44Â·34 444.40Â¢Â¥htlit*'IÂ»*084#k-.-. * - ..~~. L 0 -a' ., iâ€ž4ke.Â¤:*9:*%*:*0*42Â¥8*.. i'?Jigt*90 20**04 4**9~ a#j~b**eÂ¥â€¢*~*, 44â€¢29'icy,itg:c#4# prilb 9*90*1. fah Â·â€¢iâ€¢*fqpk:iâ‚¬*-k*wy#k*;*4*'*'$.'0*;m'*which wer*.fhc#zÂ£*94?fjome#* wh}&,Â»,Rgng $f 24*12**andÂ·jubichth, Co.1948,6- 641}**Â¢dÂ» 4 Â· 0.4. ..7.409,' . rt .4 .... p .... ( 7>2".441190.k..4#**4.01;iÂ·h~'f#*4;1.Kl 84 8* -f .Â». i... . -,11-? f ..Ii :7,--' 95' &â€¢4'Â· Â»1'Â·" .... 5,*9*R****9Â¢4,0$5*40:Company fp"O-'thitimf~fpÂ¢o= 4.whichibEâ‚¬**r .8 99**es'.9.1 - .;Â©046*y of,*i#*ff:*0'09(iÂ©4â€¢'pk6<4dcd foci#Pu#Beh**0 07 01),<* f,Eff<*RN#gâ€¢.19,â‚¬6;(99*d undi#jhi,Â·po843for the '*.-rfLIT-'7"03-r~ Ir,"5*WAVM* -**AW*** 491.tern#Â¢~te,- inctuÂ¢?ok:Aly 1)'bfqÂ¢j ef?i#li*~iopAÂ·iti#&*Â£-*Auuic or co444aiâ€¢ny ,]#44- , Ent.po48% 2~ 0,66*â€¢ctofi/#6084yÂ·:48*,aCaW njoilta~ 1033.or d,mag, sustained or incuritdb, the inm}ic,4 claimant #46*Assuffc/dhoss o,damage#Â»easop of mattknÂ·innifed,4-04%st by thi,pope .9.pÂ¢,41014<.c:*.4:ko,mindese,ibed. <.) TheÂ·.1Â»mty.OF, thedoo*any #oder:4.i.20#453*4001 exccod#}c 4.*.of: 0)14(*mal,nt ofinsurâ€¢Acc #at,dis<%.Acdwk.A:or, 61, thÂ¢ difference betwcenths value oflbe insu:*d estate: or intcrest 13 insured and,the value oftheÂ·insured estate or intcrest subject to thÂ¢ dÂ¢fÂ¢ct, IiÂ¢n or cocurn brance insured *sainst by this policy (b) In the cÂ¥Â¢nt Lhe Amount of Insurance stated in S,hedule A at the Date of Policy &1 le. than 80.percent of the value of the indRired'cstatc or interest or the full considerttion pid for the bod, whichever kIess, orif subscquent tothc Date or Policy,n improvement i, erected on th#Â·land which increasc.~ the value of the insured estate or intercst by at least 20 pergent over the Amount of Insurance stated in Schedule A. then this Policy is,ubject to the following: (i) wbcre.no subsequent improvement ha, t>ceo made, u k any .partial low; the Company shall only pay the loss pro rata in the proportion that the amount of insurance at Dato of PolicyÂ·bear,Â® the lotai value ofthe insured estate or interest *K Date of Policy; or (ii) where a subsequent improvement has been made, ai to any partial !033, the Company shall only pay. theÂ· toss pro nia in the proportion that 120 percent of the Amount of Insuruce stated in Schedule A bcan to the sum of the Amount of Insurance #ated in Schedule A And the amount expended for the improvemcnt. The provisions of this parigraph shall not apply to costs, attorneys' fecs and-expenses for which the Company is liable undcr this policy, and shaH only apply to that portion of any lou which exceeds, in the aggregate, 10;perÂ¢cnl of the Amount oflnsurancc stlted in Schedule A. (c) The Company wilt pay only thole Â¢64 attorneyâ€¢' fe*s and expÂ¢nse, incurred iii accordancÂ¢ with Section 4 -of these Conditions and Stipulations. 8. APPORTIONMENT. If the land described inSÂ¢hedule A consist: of two or more:parcels which art not used *3 a single site, and a loss is estab)ishcd affecting orle or more of thÂ¢ plrCC 13 but not all, the lou shall be computed and settled on a pro nta basis as ifthumount ofinsuranÂ¢e under this policy >was divided pro rats as to the value on Date of Policy of xparate parcel to tbÂ¢ whok, exclusive of any improvcment.1 Inadc subsAquintÂ·to Date of Folicy, unless a liability or valu.chas otherwise been agreed upon as to cac occl t>y the Company andthe insured allhc time of the i,suance of thisÂ· policy and shown by an express statement or by an endorsement attachedÂ· to this policy. (continued and concluded on last page of this polky) (ALTA Owner's Policy) #.~,~2'.'I'.96;M; ~,5--1:47'" e ' 9. LIMITATION OF LIABILITY. If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures the lack of a right of access to orÂ·from the land, or cures the c f unmarketability of tiUe, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appcalj therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a courl of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title as insured. (c) The Company shall not be liable for loss or damage to any insured for liability voluntarily assumed by the insured in settling any chim or guit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY. All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tanto. 11. LIABILITY NONCUMULATIVE. It is expressly under,tood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any policy insuring a mortgage to which exception is taken in Schedule B or to which the insured has agreed, assumed, or tiken subject, or which is hereafter ixecuted by aninhored ahd which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall bc deemed a payment under this policy to the insured owner. 12. PAYMENT OF LOSS. (a) No payment shall be made without producing thi, potky for endorsement of the payment un]*ss the policy has beenÂ·lost or destroyed, in which case proof of los Or destruction shall bc furnished toithcÂ· satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in:accordAnce with.these Condition* and Stiputation#; the 104Â·;of diriiake 8111'be payable within 30 days thereafter. 13. SUBROGATION UPON PAYMENT OR SETTLEMENT. (a) The Company's Right of Subrogation. Whenever the Company .hall have settled and paid . claim under this policy, al] right of subrogation shall Vest in the.Company unaffÂ¢ctcd!6y any *cl of the insured claimant. The Company shall be subrogated to and be entitlÂ¢d to all rights and remedies which the insured claimant would hav# hadÂ·against anyÂ·person or. property in respect to the claim had this policy not been issued. If requestcd by the Company, the insured claimant shall transfer to the Company all rights and kimedÂ» against any person or properly neces:ary in order to perfect this right of subrogation. The insured claimant shall permit the Company toÂ· sue, compromise or Iicttle in the name of the insur-4 claimant and to use the name of the insured claimant in any transaction or litigation inyolying theic right, or remedies. a payment on account of a ctaim doci not fuliy Zove'r 'the 141-'ofthe hAstir43- clainUht,61c compâ€¢Ay shall be subrogatcd to these rights aod remedies in the tion which the Company's payment bears to the whole amount of the loss. If loss should result from any â€¢ct-of the insured claimanx, as stated above, that act shall not voidthiqp.lify, but the Company. in that event, 14â€¢litc:required to. pay only that pan of any loiscs insured â€¢gainst by thi; polity whkh :hali dcced the*amount. if any,*iost to Jc Company hy mason of the imijaiiment by the insured claimant of the Company's right ofsubrogation. (b) The Company's Rights Against Non-insured Obligors. The Company': right of subrogation against non-insured obligors shall exist and shall incJude, without. Â»mitation, the rights of the insured to ihdemnitics, guarantics, other policies of insurance or bonds, notwithstanding any terms or conditions contained in those instruments which provide for subrogation rights by resson of this policy. 14. ARBITRATION Unless prohibited by applicable law, either the Company or the insured may demand arbitrifon punuant:to the Title Insurance AE,traHon Rule,of th* American Arbitration Association. Arbitrable mattcri may include, but are not limited to, any controversy or claim between-the Company and the in5uted-arising out of or reliting toÂ·this policy, any .,vic. of the Company in connection with its issuance or the 'breach of.5 policy provision.or other oblig,666. All arbitrable riiat,60Â·wbathe Amount of Insurance is 31,000,000Â·or las shall bo arbitrated at the option of either the Company or the insurtd. All arbithble matters when the An*uht ofInsSrance.is in excess of $1,000,000 shall be arbitrated only when agregd to by both the Company and the insured. Arbitrati60 pursual*:to:this policy andÂ¢nderthÂ¢Â·Rule*.E,iffÂ¢kt on,the datc the demand for mbitration 43 made or, at the option of the insured, the Rules in effcci: at D*tc o~Poticy ihilt be'bibding i*on Â·thÂ¢ parties. Th; 44ara may inctude attorneys' fees only if the law, of; the state in which the land is located permit a court to award attorneys' fecs to'a prevailing party. Judgrocritupon the award rendered by the Arbitrator@ may be entered in any court having jurisdiction thereof. The law of the situs of the tand shalt apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may bc obtained from the Company upon request. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT. (a) This policy together with all endoncments, if any, attached hereto by the Company is the entire policy and contact between thc insured and the Company. In interpreting any provision of this policy, this poticy shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interestÂ· covered hereby or by any action asserting such claim, shall be retricted to this policy. (c) No amendment of or endonement to this policy can bc made except by a writing endoned borcon. or attached bcrclo signed by either the President,- 4 Vice President, the Secretary, anÂ· Assistant Secretary, 6Â£4hlidating officer or authorized signatory of the Company. I EVERABILITY. In the el/ent any provision of the policy is held invalid or unenforecable undcr applicable law, tho policy. shall Â·be d.cernÂ¢.d.not to include that provision and- all otherÂ· provisions shalr remain in fullÂ·forte and effect. 17. NOTICES, WHERE SENT. All notices required to be given the Company and any statement in writing required to be furnishÂ·cd the Company shall include the numbu of this policy and shall be addressed to the Company at P.O. Box 2029, Houston, Texas 77252-2029. STEWART TITLE r, i T A .TÂ¥ A. Â¥21 -T"V r,2.Â·'-,t n A ITV .. Vicinity Map /4-, 1 F . M Ul 11 5 1-- 1 ...2 9- F g,FA @aa .. Uulgulr 1.-3 -- ./% .- . 9- --- 0-060- 1 - -- 2/~!.92621(249 -2 032 . WestEnd H-r t ] 1 ---d-14 0' 1 .4.6 ....31.9 076 <2-7i -234{.7 , - 4-2 U r....,0-L jÂ»44Â·I - CD )-1-2 l 99*--/6.iSifiEZE*Etic613,f-/ 417- pardja r LEGEND 1 CI-</ 7 / -/ Fl/7 P.3- - / i DN-,<IL~ - -4 ~Â·.1.A ,- I In/ DI L---villiLi~VT) <-*TJ \ ~ ~ 44/ele_-t-~ AUSE]l fi~F n AÂ» ,---: aqi/Ldb- 7/~<ldi< l~{~2 1__ - -ASE..t ~ Â«i-_r---c 1 0/4-EF~ ~l-Â£99?~ "101~ 4 - 2- - (fMUffici r9 kjigiliHitill.le:#2/ il'%:=97 â€¢ -Â»- 1 li' rt- i i VhÂ·Â·2~ Auff /keÂ¥*-3. aztetze//f-fliS ACZ?.944? p Â°-- V ir 1.1 l n -Â·INK/ -- // L . ....W Uj 0/ 072 - 2> 0 - A=-m*Ul'NÂ»JUGio~OUzzâ‚¬j~*c~ . . 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HARRYTEAGUEARCHITECTS 412 north mill aspen co 81611 t 970 925 2556 f 970 925 7981 mail@teaguearch.com 513 West Smuggler Street Conceptual Review Application Responses to Attachment 4 .. - HARRY TEAGUE ARCHITECTS 412 north mill aspen co 81611 t 970 925 2556 f 970 925 7981 mail@teaguearch.com 513 West Smuggler Street Conceptual Review Application Responses to Attachment 4 written description of proposal This proposal is for a Historic Landmark Lot Split at 513 West Smuggler Street. The existing 90.06' x 100.00' (9606 s.f.) lot would be split into two 45.03' x 100.00' (4503 s.f.) lots. Following the lot split, the proposal includes the relocation and renovation of, and addition to the residence on the new western lot of 513 West Smuggler Street, as well as the construction of a new residence on the new eastern lot. The project breaks into two separate residences. The residence on the western lot, which has already been granted HPC approval, consists of the relocated cabin with a new addition built behind it. The second residence-on the eastern lot-is a completely new single family residence. Our principle intention with the design of this house is to provide a contemporary living space for the owner while relating to the scale of the adjacent miner's cabin. We have designed a house that fits into the urban setting with a formal entry facing the street and a detached garage located off the alley. The building addresses Smuggler Street with a deep, one-story porch. The porch will have similar proportions to the adjacent porch and will also continue the tradition of the entry procession with exterior steps and columns. To the east of the porch is a two-story element that "fills in the gap" between the neighboring two-story home and the single story porches and cabin. This two-story element which houses bedrooms and a second- story office also relates to the cabin and its additions by picking up their steep roof pitches and proportions. Fifteen feet behind the front porch, the house turns and orients its back half towards the views of Aspen Mountain and Independence Pass. This portion of the building is low (plate height = 6') where visible from the street and slowly rises and opens to the views from the second-story living spaces. Although the design of this building is stylistically different from it's historic neighbor, we feel that this design maintains the established neighborhood scale and patterns. .. - . HARRYTEAGUEARCHITECTS 412 north mill aspen co 81611 t 970 925 2556 f 970 925 7981 mail@teaguearch.com 513 West Smuggler Street Conceptual Review Application response to attachment 6 residential design standards This proposal conforms to the Residential Design Standards as defined in Section 26.410.040 of the City of Aspen Land Use Code. A site design 1 building orientation: Â·front facades of office and porch elements as well as kitchen dormer are parallel to street 2 build-to-lines: Â·front facade of office and porch are within 5 feet of 10 foot setback line and account for the entire street facade 3 fences: â€¢all street facing fences will be under 42" B building form 1 secondary mass: Â·garage accounts for 14% of total sq.footage and is linked to principal building by single story glass element C parking, garages and carports 1 Â·garage/parking accessed from alley 2 Â·NA D building elements 1 â€¢both entrance and principal windows are oriented to the street a Â·entry door is within 10 feet of frontmost wall of o ffice element b Â·covered entry porch with depth of 10 feet is provided c Â·significant group of windows faces street 2 one story element Â·porch roof is one story element that comprises 41% of overall width of building 3 windows a â€¢no street facing windows span between 9 and 12 feet above floor level b Â·street facade has only one non-orthogonal (triangular) window 4 lightwells: â€¢only lightwell occurs on side of building and is entirely recessed form street facade E context 1 materials a â€¢quality of materials will be consistent on all sides of building b â€¢materials will be used in ways true to their characteristics c Â·no highly reflective exterior materials will be used 2 infection: "standard must be met for parcels which are 6,000 square feet or over" although the new building is on a 4,500 s.f. lot, the new building steps down to a one story porch and entry for a width of 14' -6" and a depth equal to the adjacent cabin along their common lot line 1 . 1- 0 . . . Existing Site Plan/Survey . H SET SPIKE 1 TOW - Ho.0 i SCALE ; LEGEND AND NOTES ;1 llcH - 10 FEET CITY 'olue,T 'iKE s 7- S o ~ Fm,0 WRIEY Molue<T As .â‚¬30,1,ED 0 5 10 15 20 O UTILITY IOX CONTOUR INTERVAL 1$ 1 FOOT 4..sÂ· , 0,GGLER 2 I O FENCE 100.5 . 1 SET :r IKE SURVEY CONTROL STREET FOSTED ADORESS: 513 *ST 1,101Â£* ST. Â»0Â«TWOEST CORNER ILOat 27 &*M"Wfc/*TW/Me=.'MÂ·VA.~*Â«T-EIT CORIER HORIZONTAL CONTROL 0 ~ SET REBAR Â¥1 TH CAP 25*47 2 ~ GAS PETER WATER L I f I $ LOCATED I N UNCOUM STREET SEÂ·â€¢ER, P~<>*, ELECTR IC, CAS, AlÂ® CATI ARE LOCATED IN ALLEY , 8 75*09'11 E 2 - io,- .4 120.07' , T I TLE I t,mothâ‚¬r 1011 FURN, Slll *Y : * 1 :TE~ART NTLE OF ASFEN, INC. i 09.2 1 =:1&Â·T=or. 10,9 i SNKE OR /-K NAIL SURVEY CONTROL -0 1 Qgs <s ..zi G vr,iti .ox â‚¬UÂ¥*TION DATOW IS ARIZTRARY. 1.ASED ON SET T.I.W. AS SHoll CONTOUR INTERVAL IS I FOOT 1 - -649/4 Â·EF AVE $/*UCE TREE CALIPER IZE AS NOTED LOT - ~ FRUIT ~ A:PEN TREE CALIPEN :12Â£ 4 NOTED 1 Ii, PROPERTY LIES ENTIRCLÂ¥ OUTSIDE DE #00 YEAR FLOCO FLA,ii AS DEFINED RY nâ‚¬ Fell FLOOD INSURANCE RATE *PS CO,li'NITY - tot *184 IEL Â©00Â«CRETE NUGER O/02/7 OFECT I VE DATE i JUIE 4 19/7 -0.2 \ - NORTHEAST COR)ER *LOCX 27 - OIL I TERATED 4 -- -1 0 b , Ht: 0 SILL 02 #-+ READ 102.D 1 1 . A - - i 2 1- 1 l go 4 G .toÂ· l~ Hou s ~ 1 Â°mag . 4 l.l 0 54 If 8 4 4 , (LI 1 41 4 1 . 1 + -4 k "040Â£ * hi ** DECK. 1 / , CERTIFICATION Â· -2 /02 22 / UNF*yED - CERTIFIC Toi SET ~ .*. -1 1 , 1 'Z , 1, DAVI O I. M.BR ICE, A REG ISTERED LAE SURÂ¥EYOR IN THE STATE OF COLORADO 00 rERE,Â·f CERTIFY â„¢AT TM, 5 BUR VEY WAS f 1 ELD SURVEYED O h \ OUR 1 No Auewr , 02~00 0,4 TIâ‚¬ GAOU,Â«> OF nâ‚¬ PROPERTY Â· /03 --j LEGALLY CESCRIOED â€¢â‚¬RGON, 640 1: CORIECT â€¢ASED ON T}E FIELD EVIDENCE , RIN - ~03.1' SHOIN As FILÂ»Â«> fREON , A,â€¢Â© TÂ·â€¢9â€¢T T+Elâ‚¬ ARE No DE I SCREPANC IES, '0.25Â· - .1-- IMPROVEMENT SURVEY 000/IICTI, sbelâ„¢El 14 AREA, DOUOARY LINE CO-LICTS, ENCROAO,â‚¬NTS, -\ -CRT- 7 M- 1 0Â¥ERL.,Ap' ING oF 11Â·,Rove,ENT$, EASBENTS OR RIG,Â·rr: OF WAY IN FIELD '03 ---- EVIDENCE OR KNO- TO PE, E*CE/7 d kEREON SHO- UNDEROMOUO UTILITIES CW 4 L L 2 ,t,- "'4 I - ELECTRIC BL SET DISK 25*47 .tâ„¢ 110 VISIBLE ...Tow,CES /0 DOCUEWTS oF RECORD NOT FUR' I ..0 TELE. â„¢ 0Â· 04 FENCE , i LOTS E. F & G. BLOCK 27. To nâ‚¬ SUIVEYOR IRE EXCEPTED. THIS CERTIFICATION IS VOIp UNLESS ..O..CK 2 7 CITY AND TOWNSITE OF ASPEN : IZ ST..e 'l DE SEAL OF .â‚¬ SURVEYOR P 1 TK I N COUNTY, COLORADO I /103.3 Er-9 /777 I 16Â£(*r:*9~. DAVID V. Mil=11â‚¬ RL.1 16129 ' ~ W !81-w PREPARED .Â¥ f ASPEN SURVEY ENGINEERS . INC. 210 5. CALENA STREET 2 . ACRIOI/laili/oiu~iwiivmaivildi//Iciia-'liiilp- ASPEN. COLO. 1144 1 ... ./O '/11 ... 11~ell . â„¢. P.T .â„¢'/ r,Â«I Â¥./. ArTI' '1'OU ill' ........ wai ..... 1. - ..... Ill ... IC.,0.1 .... ' n.'*/F a (0701 925-14!6 2 1 ~' I-~ ArÂ¢ NrECT M â„¢1 , PLAT M Co,~-CED 60~C n.,w rn, Â¥,â€¢Ri Â£-WAIL '1.-6.'.f...1 (34 M DE â€¢AlÂ·Â£ I nÂ«,ERâ€¢,5,CATI- **4*. ~ JA ... 163:3 â€¢410 - 15 2000 ..a========================2=========================----~ '9 , I 16:7.-1- 7 r .. AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 6 )3> \00 <V)6*Ons\ i,9 l/ , Aspen, CO SCHEDULED PUBLIC HEARING DATE: -11 13) 01 , 200- STATE OF COLORADO ) ) SS. County of Pitkin ) I, (name, please print) 34 Me t--- ilbA of 1- 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) o f 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 o f 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 o f notice, which form was obtained from the Community Development Department, which was made o f 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 ten (10) days prior to the public hearing and Was continuously visible from the day of , 200 , to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least ten (10) days prior to the public hearing, notice was hand delivered or mailed by first class, postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application, and, at least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage Frepaid 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 o f property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) .. Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part ofa general revision of 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 otherwise, the requirement of an accurate survey map or other sufficient legal description ott 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. Sidn-ature 1 The thrgoing 'Affidavit ofNotice" was acknovtledged before me this 9.jl[V of &-2*~- , 200:k,i by.4;23#1- -7a~_c~ La r-- FOBi,le NOTICE , RE: 513 W. SMbl GLER CONCEPTUAL HPC RE- 1 VIEW PARTIAL DEMO ITION, ON-SITE RELOCA- WITNESS MY HAND AND OFFICIAL SEAL TION, HISTORIC LANDMARK LOT SPUT, AND VARLANCES NOTICE IS HEREBY GIVEN that a public hearing will be held on Wedwesday, February 13, 2002 at a My commission expires: 4,43,23 Aloc>3 meeting to begin at 5:00 p.m. before the Aspen Historic Preservation Commission, Council - j Chambers, City Hall, 130 S. Galena St., Aspen. to. consider an application submitted by Drew Har-; man requesting approval for Conceptual Design, ----- 1 ......Partial Demolition, On-Site Relocation, Historic Notary Public Landmark Lot Split, and the following variances: a If) foot rear yard setback variance, a 2() foot Ad r.............. .....61 ~ combined front and rear yard setback variance, and a 500 square foot FAR bonus. The property ~. is located at 513 W. Smuggler and is described as Â·.0 0 Lots E-G, Block 27, City and Townsite of Aspen. #9/ ,s,~4. \O For further information, contact Amy Guthrie at ~ , the Aspen/Pitkin Community Development De- f =. t Wl?*Ty ...; ~ 7%,partment, 130 S. Galena St.,Aspen, CO (970) 920- 5096, amyg@ci.aspen.co.us. Â·4 :~ Aspen Historic Pres~~t~on#(~~dmis~sh,on~* ATTACHMENTS: , ).... ...... O ~ Published in The Aspen Times on January 26, r *86*Lbe' ~ 2002.(8295) - COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL .. ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Pavment of Citv of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and Deckj .1~4â€ži.3 (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an application for 513 U or- .Sp\OcalÂ·Elt 5-TBâ‚¬ET ~ Aspeo Co (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 application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the 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 Â®Wrmination of application completeness, APPLICANT shall pay an initial deposit in the amount of $3400 which is for 12- 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 41- By: By: -c L l Julie Ann Woods Community Development Director Date: l'Z- (lt /0 ( Mailing Address: Â·513 285-r.91 04*Ble 6-garr- AspeR ~ 60 8161 ~ g:\support\forms\agrpayas.doc 1/10/01