HomeMy WebLinkAboutcoa.lu.su.332 W Main.0033.2008THE CITY OF ASPEN
City of Aspen Community Development Department
CASE NUMBER
PARCEL ID NUMBER
PROJECTS ADDRESS
PLANNER
CASE DESCRIPTION
REPRESENTATIVE
DATE OF FINAL ACTION
0033.2008.ASLU
2735 124 41 007
332 W. MAIN ST
AMY GUTHRIE
MINOR LANDUSE SUB DIVISION
JOHN MUIR
08/25/2009
CLOSED BY ANGELA SCOREY on 12/11/2009
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>ennt Type - Permd Y OO33.2OO8.A5LU
Address 332 W MAIN ST ~ AptlSulte
City ASPEN State CO ~ Zip 81611 J
Permit Infprmation---
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Master Perm@ ~-- J 0.outlng Queue asluO7 Applied 07f18J2O08 J
Project J Status pending Approved ~-J
Descriptlon MINOR LAND USE -SUB DIVISION Iswed ~ J
Final ~J
Submitted ]OHN MUIR tlock Running Days Expires 07~13f2OO9 J
Owner..
Last Name SEPLS JOHN R & CAROLYN J Firs[ Name
Phone
r Owner Is Apptlcant?
AppYceR
Last Name JOHN MUIR ARCHITECTS J Fvst Name ~-
Phone (970)704-9750 CustY 26819 J
Lender
Last Name r J First Name
Phone
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THE CITY OF ASPEN
3 Checklist A
CITY OF ASPEN ENGINEERING DEPARTMENT
IMPROVEMENT SURVEY AND PLANNED UNIT
DEVELOPMENT REQUIItEMENT5
All surveys submitted to the City of Aspen shall be an ALTA/AGSM Land Title Survey and shall
comply with the latest version of minimum standard detail requirements published by ALTA as
well as Colorado State statutes 12-25-201 through 12-25-219.
In addition to the minimum standards set forth by ALTA, and the State of Colorado, the
following shall also be required of all improvement survey:
q~Survey performed or verified within the last 12 months.
r~/Surveyor's certificate stating that the error of closure is less than 1/10,000.
r~/Vicinity map showing the property surveyed in reference to nearby highway(s) or
major street intersections (shown at a scale of 1" = 400').
r~ Monuments placed (or a reference monument or witness to the corner) at all comers
of the boundgry of the property, unless already marked or referenced by an existing
monument or witness to the corner.
q~/Legend of symbols.
q/Survey tied to USGS, NGS or local government monument system.
'j ^ Overlaps and gores along the exterior of the boundaries.
~~( Legal description of property.
~ Existing building(s) locations and dimensions with ties.
~/AII improvements within five feet of property boundaries.
pc Gross land area to the nearest thousandth of an acre.
r~ One foot contours and the datum of the elevations.
Basis of bearing and point of beginning graphically
nvRoads (edge of pavement as applicable), Rights-of--Way and distance to the neazest
intersecting street if within 200' of property.
~ Label easements and encroachments add reference numbers as applicable.
~ Indication of access to a public rights~f--way on land such as curb cuts and
driveways, and to and from waters adjoining the surveyed tract.
'List setbacks and building envelopes
/Names of adjoining owners of platted lands or subdivision names.
®/Any changes in street right of way lines either completed or proposed.
Location, species, trunk diameter of trees at 4 'h' from the ground, and extents of drip
line.
,f,~^ Natural hazards: The designation of all areas that constitute natural hazard areas
77 -- including but not limited to snow slide, avalanche, mudslide, and rockslide.
Delineate areas with slopes from 20% to 30% and areas with slopes greater than
30%.
^ Flood zone designation (with proper annotation based on federal Flood Insurance
Rate Maps or the state or local equivalent, by scaled map location and graphic
plotting only.)
Location of all utilities existing on or serving the surveyed property as determined by
observed evidence and observed evidence together with evidence from plans
obtained from utility companies or provided by client, and markings by utility
companies and other appropriate sources (with reference as to the source of
information).
,p/List all documents used in the survey with recording information.
(~J ~~
Revised 4-10- 08
~-. ,~,~
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ORDINANCE #21
(Series of 2008)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO APPROVING SUBDIVISION FOR "CHE PROPERTY LOCATED AT
332 W. MAIN S'TREF,T, LOT K ANU THE WEST %: OF I,OT L, BLOCK 44, CITY
AND TOWNSITE OF ASPEN ~ 3 ~ r~ a y~ 0 0 ~
WHEREAS, the applicant, Alice Brien, owner, represented by John Muir Architects,
requested Subdivision approval (br the property located at 332 W. Main Street, f_ot K and
the Wes[ '/•, of Lot L, Block 44„ City and "Ibwnsitc of Aspen, Colorado; and
WHEREAS, Section 26.480 of the Aspen Municipal Code establishes the process for
Subdivision and states that an application must first be reviewed by the Planning and
Loning Commission, who makes a recommendation to City Council as to whether the
application meets the review criteria; and
WHEREAS, at their regular meeting on August 5, 2008, the Planning and Zoning
Commission considered the application for Subdivision. lotuid that the development
proposal meets or exceeds all applicable development standards and made a
recommendation to Council that the land use request is consistent with the goals and
objectives of the Aspen Area Community Plan, by a vote of 7-0; and.
WHF,REAS, Amy Guthrie, in her staff report to City Council dated August 25, 2008,
performed an analysis of the application based on the standards, found that the review
standards had been met, and recommended approval; and
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for die
promotion of public health, safety, and welfue.
NOW, THF,REFORE, BE IT ORUAINE D BY THF, CITY COUNCIL OF THE
CITY OF ASPEN, COWRADO, "1'I[AT:
Section 1
Pursuant to the procedures and standards set lorth in 'title 26 of the Aspen Municipal
Code, Aspen City Council hereby approves the subdivisit» ~ request to create a new multi-
family dwelling unit at 332 W. Main Street, Lot K and the West % of l,ot L, Block 44,
City and '1"ownsite of Aspen.
Section 2: Plat and Agreement
I'he Applicant shall record a subdivision plat and agreement that meets the requirements of
Land Use Code Section 26.480, .Suhrlivie-inn. within 180 days of approval if Cite Council
provides final approval of the subdivision request.
RFCE{'T~ON~~ 55332 i. 10.022G08 at
~ ~ .05:0$ APl.
' ~F 3. R Sio.OG Dor. Code tGRDi!v'ANCE
Janice K. Ves CaucfiU. Prtkin Cour.tq. CO
,•.
~.y
Section 3: Building Permit Anolication
The building permit application shall include the following:
a. A copy of the final Ordinance and recorded P&1, Resolution.
b. The conditions of approval printed on the cover page of the building permit set.
Section 4: Affordable Housing Cash-in-lieu Fee
Pursuant to Land Use Code Section 26.530.04Q Housing Replacement Requirements, i^
effect at the time of this application, the Applicant shall pay a fee-in-lieu to mitigate the
demolition and replacement of an existing residential multi-family housing unit. The City
of Aspen Community Development Department shall calculate the amount due using the
calculation methodology and tee schedule in affect at the time of building permit
submittal.
Section 5: School Lands Dedication Fee
Pursuant to band Use Codc Section 26.630. Schoo! landi~ cledi~nrliort, the Applicant shall
pay afee-in-lieu of land dedication prior to issuance of any building permit that triggers
this (cc. The City of Aspen Conmumity Development Department shall calculate the
amount due using the calculation methodology and Ice schedule in al'lect at the time of
building permit submittal. 'Che Applicant shall provide the market value of the land
including site improvements, but excluding the value ot'structures on the site.
Section 6: Park llev~elonment [mnact Fee
Pursuant to land Llse Code Section 26.610, Park Det~elopmeru InrE~act Fee, if uny Park
Development Impact Fee is applicable, the fee shall be assessed at the time of building
permit application submittal and paid at building permit issuance.
Section ~: Landscaaine in the right-of-way
Landscaping in the public right of wav will be required and must be reviewed and
approved by the City Parks and Engineering Departments. 1~his includes:
• Street tree plantings evenly spaced a minimum of 15 to 20 foot off center.
• Installation of irrigation in the right of way.
• Adequate irrigation pressure and coverage, as well as possible improvements to
the soil profiles: amending the current soils to improve air and water filtration.
• Ffistoric alignments and flows on irrigation ditches shall remain unchanged.
Section S: Sidewalks Curb and Gutter
Sidewalk must be provided along the 3rd Street frontage at the time of building permit.
Sidewalk alignment and width must meet the current engineering standards. Additionally
the applicant shall also install new curb and gutter adjacent to the property before a
certificate of occupancy is issued fair any of the units within the development.
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Section 4: Severability
if any section, subsection, sentence, clause, phrase nr portion of this ordinance is for any
reason held invalid or unconstitutional in a 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 10:F,xistine LitiEation
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
amended as herein provided, and the same shall be construed and concluded under such
prior ordinances.
Section I1: Public Hearine
A public hearing on the ordinance was held on the 2~th day of August, 2008, in the City
Council Chambers, Aspen City hall, Aspen, Colorado, fiNeen (15) days prior to which
hearing a public notice of the same was published in a newspaper of general circulation
within the City of Aspen.
INTRODUCED, RF,AD AND ORUF,RED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 11th day of August, 2008
~~ ~ ti~~x~
Michael (:. Ireland, Mayv}'
A7'7'EST:
/ ~ ~ ~
1, ~, ~' F , ---
' Kathryn Koch ity Clerk
FINALLY
=~, ~<
Katlvyn Koch, ~ ity Clerk
APPROVED AS TO FORM:
l'
/-~` t' ~"/e ~.. AIL r{fL~.s>
"Jo ii n~J-orcester, City Attorney
adopted, passed and approved tltisf,~ day of~~~2008.
i
~~ __
Michael C. Ireland, MavQr
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.660 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY:
Aspen, CO
SCHEDULED PUBLIC HEARING DATE:
Aua • a5~~ , 200
STATE OF COLORADO )
ss.
County of Pitkin )
I, ~011n1A~ ~~~~lh j~(,f"IN(.~, - (name, please print)
being or representing an Applican to the City of Aspen, Colorado, hereby personally
certify that I have complied with the public notice requirements of Section 26304.060
(E) of the Aspen Land Use Code in the following manner:
Publication of rxotice: By the publication in the legal notice section of azi 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 tlxe publicatiorx is attached ]zereto.
Posting of notice: By posting of notice, which form was obtained from the
Community Development Department, which was made of suitable waterproof
materials, which was not less than twenty-two (22) inches wide andtwenty-six
(26) inches high, and which was composed of letters not less than orae inch in
height. Said notice was posted at least fifteen (15) days prior to the public heazing
and was continuously visible from the _ day of , 200_, to
and including the date and time of the public hearing. A photograph of tlxe posted
notice (sign) is attached Jzereto.
Mailing of notice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to
the public hearing, notice was hand delivered or mailed by`fifSt class postage
prepaid U.S. mail to all owners of 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
appeazed 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)
Mineral Estate Owner Notice. By the certified mailing of notice, return receipt
requested, to affected mineral estate owners by at least thirty (30) days prior to
the date scheduled for the initial public hearing on the application of
development. The names and addresses of mineral estate owners shall be those
on the current tax records of Pitkin County. At a minimum, Subdivisions that
create more than one lot, Planned Unit Developments, Specially Planned Areas,
and COWAPs aze subject to this notice requirement.
Rezoning or text amendment. Whenever the official zoning district map is in
any way to be changed or amended incidental to or as part of a general revision
of this Title, or whenever the text of this Title is to be amended, whether such
revision be made by repeal of this Title and enactment of a new land use
regulation, or otherwise, the requirement of an accurate survey map or other
sufficient legal description of, and the notice to and listing of names and
addresses of owners of real property in the azea of the proposed change shall be
waived. However, the proposed zoning map shall be available for public
inspection in the planning agency during all business hours for fifteen (15) days
prior to the public hearing on such amendments.
~~~~~~w~~~~
Signa r~u e -
The fore oing "Affidavit of Notices" was ac cnowledged before me this 1 day
of , 200 YJ by n U,
PUBLIC NOTICE 1 O~ p p~
[
J
~l
RE: 332 W. MAIN STREET-SUBDIVISION J .
.
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~A
NOTICE IS HEREBY GIVEN theta public hearing IJ
'~
`
P•
will be held on Montlay, Auguat 25, 2008 eta
meeting to begin at 5:00
m
bef
th C
.,
Q- „. 1
: '
p.
.
ore
e Aspen
City Copneil to consider an application for Subdi- J.,
vision, submitted by Alice Brien of 332 W. Main
Street, Aspen, CO 8161 t. The applicant is repre-
sented by John Muir grcMtects, antl the protect af-
•
fects the property located a[ 332 W. Main Street • -
,
Lot K and [he west 1/2 of Lot L, Block 44, Gity antl (Q /J 1
~
Townsite of Aspen. In this case Subdivision ap- ~
• ~ ~. 4
MY HAND AND OFFICIAL SEAL
;~i~on/e~xjp~i~re/s: ~~
V - _- .' (~ ~ ~ V
proval is requiretl because Cheappplicant proposes
to create a new dwelliwg unit wdhin a mixetl use
building. Tha hearing ill be held in 1he
000ncil '$fT `•,•-t~~t-' •"
~C • •' • OCti`~
Q
Q
.
Chambers of Cily Hall, 130 South Galena Street; r CO
~
Aspen, CO 61611. " ^.~ ,
For fudher information, conlactAmy Guthrie, His-
toric Preservation Ofliceq at the City of Aspen
C
My Comrrassio~ Expres 091292009
ommunity Development Depadmenq 130 5. Ga-
lena SL, Aspen, CO, (9l0) 629-2]58, amy.gu0-
~
'
rie®ci.aspen.co.us. °
t\
s/Michael D. Ireland Maypr ATTACHMENTS AS APPLICABLE:
Aspen City Council
Publis hed in the Aspen Times Weekly on August
' PUBLICATION
10, 2(~ ,B. 1200]945)
APH OF THE POSTED NOTICE (SIGN
FIE OWNERS AND GOVERNMENTAL AGENCIES NOTICED
• APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE
AS REQUIRED BYC.RS. §24-65.5-203.3
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF
SCHEDULED PUBLIC HEARING DATE:
~{~ arj~ , 200
STATE OF COLORADO )
ss.
County of Pitkin )
Aspen, CO
I, C,U nYl l,G ~K~/G)1 Y W Ci (name, please print)
being or representing an App scant 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:
Publicatio~z of ~zotice: 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.
Posti~ig of notice: By posting of notice, which form was obtained from the
Community Development Department, which was made of suitable, waterproof
materials, which was not less than twenty-two (22) inches wide and twenty-six
(26) inches high, and which was composed of letters not less than one inch in
height. Said notice was posted at least fifteen (15) days prior to the public heazing
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 (sigzz) 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 fifteen (15) days prior to
the public heazing, notice was hand delivered or mailec~bj~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. The names and addresses of
property owners shall be those on the current tax records of Pitkin County as they
appeazed no more than sixty (60) days prior to the date of the public hearing. A
copy of the owners and goti~ernmental agencies so noticed is attached hereto.
(continued on next page)
~~
~,~,„o.a7 F.ctate Owner Notice.
PUBLIC NOTICE
V ORDINANCE M21 (Series of 2906)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO APPROVING SUB-
DIVISION FOR THE PROPERTY LOCATED AT 332 W. MAIN STREET, LOT K AND THE WEST 1/2 OF
LOT L, BLOCK 44, CITY AND TOWNSITE OF ASPEN
WHEREAS, the applicanq Alice Brien, owner, reoreseMetl by John Muir Arch9ecta, requeMetl Subtlivi-
sion approval br the property locatetl at 332 W. Mein Street, Lot K antl the West 12 of Lot L, Black 4a„
City orb Townshe of Aspen, Colorado; antl
the certified mailing of notice, return receipt
to owners by at least thirty (30) days prior to
ublic hearing on the application of
-asses of mineral estate owners shall be those
i County. At a minimum, Subdivisions that
Unit Developments, Specially Planned Areas,
lotice requirement.
WHEREAS, Section 28.460 of the ASpen Municipal COtle estapllshas the process for Subdivision antl
slates that an application must fimt be reviewetl by Me Planning antl Zoning Commission
wh
k enever the official zoning district map is in
,
o ma
es a
recrommeMation ro Oily Courldl as ro whether 9ie application meets the review criteria; antl
WHEREAS
t th
i
d incidental to or as part of a general revision
, a
e
r reggNer meetingg on August 5, 2006, the Planning antl Zoning Commission consitl-
eretlthaapplbatlonfor5ubtlivi&on
buntl that thetlevelo
ment
r
l
,
p
p
oposa
meetsorexceedsellapplicebte
development staMaMS antl made a rerom
tl
ti of this Title is to be amended
whether such
men
a
on to Council that the land use request is consistent
with th ,
e goals antl oblecbvea of Bye Aspen Area Community Plan, by a vole of _- ;antl,
WHEREAS, Amy GNhrie, In her slab report to Ciry Council tlatetl August 25, 2186, perbrme0 an analysis
of the application based on the atantlards, found that the review alantlartls hatl been met, antl recmm-
maMetl approval; antl
WHEREAS, Ne Ciry Council fintls that Mis OMinance furthers antl is necessary br the promotion of pu0-
lic heahh, safey, antl welfare.
NOW, THEREFORE, BE IT ORDAINED BV THE CITY COUNCIL OF THE CITY OF ASPEN, COL0.
RADD, THAT:
Section ,:
Pursuant to the procetlures and stantlaMS set forth in T91e 26 of the Aspen Munkipal Cotle, Aspen Cdy
Councl hereby approves Me subtlivision request ro creels a new muttifemiry dwelling unll et 332 W. Main
Slreal, Ld K antl the West 12 of Lot L, Block 41, Ciry ant Townsite M Aspen. .
3eclbn 2: Plat ant Agreement
The Apppplicant shall recortl a aubtlivision plat antl agreement Thal meals the requlraments of Lantl Uae
Cotla Secion 26.460, Subtliviaon, wBhin 160 tlays of approval it City Council provitlee final approval of
the aubtlNYabn request.
8aclbn 3: BuiMhg PemJl Applicatlon
The Wiklirp pemlB application shell include the blbvnng:
e. A copy M the h'nel ONinence ant recordetl P6Z Resolution.
b. The contlhbns M approval printeq an Me cover page M me building permtt eel.
Title and enactment of a new land use
cement of an accurate survey map or other
the notice to and listing of names and
qty in the azea of the proposed change shall be
oning map shall be available for public
during all business hours for fifteen (15) days
i amendments.
~~>IV~fwY~~~~
Signature
Section 4: Affortlable Housing, Cash-in-lieu Fee I 1p
Purauantro Lantl USe Cotle Section 26.530.040 Housing Replacement Requirements, in e6eM at Metime lC owledged before me this ` day
of Chia epplicallon, the Appplkanl shall pay afee-in-lieu to mitigate the tlemolBion antl re lacement of an tshw 1
existing reaitlantial multi-famiy housing unit The Ciry M Aspen Community Development 8eparbnent shall 01111 ~11 d , . N 1 /~ 1 r~/~
cekulate the ampunl tlue usirg Me calculation meMOdology antl fee schedule in aSact at Iha time of boil- I , 1 YY~ u r h[~ VJJ
ding permit submittal.
Becton 5: School Lands Detlication Fee
Pursuant to LaM Use Cotle SMion 26.630, School lantls tletlication, 0e Applicant shall pa a fee-in-lieu
of lantl tledlcation prior to issuance of any builtling ppermit that (riggers this tea. The City of Aspen WITNESS MY HAND AND OFFICIAL SEAL
Community Development Department shall calculate the amount tlue using the calculation mHhoOOlogy
vntl fee etlule in a9ect at the fime pf builtling perm9 submgbl. The Applicant shell provide the market
slue of the lantl indutling ate improvements, but exclutling the value of aruclures on fire site.
Section 6: Park Development Impart Fee
Pursuant to Lantl Use Cptle Section 26.610, Park Development Impart Fee, X any Park Development Im-
pact Fee is applicable, Me fee shall be assessetl at the time of bulltlinB Permit application aubmidel antl
pab al bulling permit issuance.
Sactlon T: Sevembgiry
II any saMlon, subsection, sentence, clause, phrase or podion of this ordinance is for any reason held
invalltl or unconatdWlonal in a court of competent juristliMiom such portion shall be tleemetl a separate.
tliairlM eM intlepentlenl provision ant shall not a9eM the valid6y of the remaining portions rhereoi.
Becton B: Existing Litigation
This ordinance shall not have any effect on existirg litigation and shall not oparale as an abatement of any
scion or proceetling now pending antler or by vidue of the ordinances amentletl as herein provideq and
the same shall ba mnMmetl antl condutled antler such poor odinances.
My commission expires: 1 p 7.~j
~~ ~r
Notary Public
SrKYbn 9: Public Hearing
A public heAesrplnsgn on the ortlinance was held on the 25th tlay of August, 2008, in the City Council
samae waes~pubiish C~ a nlev~rsp~apner ofl~raliciercude9ondwimin the Ctty of Aspen ~g a public rwtice of Me
INTRODUCED, READ AND ORDERED PUBLISHED as provitlatl by law, by the City Council of the TS AS APPLICABLE:
Ciry of Aspen on Me 11th tlay of Augurs, 2008.
FINALLY, atloptetl. passetl erq approved this _ tlay of _, 2008.
Published In Ne Aspen Times Weekly on qugusl 10, 2008. (2008080)
ti's
Michael C. Ireland, Mayor
ATTEST: ~D NOTICE (SIG11~
Kemryn Koch, Ciry Cladc IOVERNMENTAL AGENCIES NOTICED
OFMINERAL ESTAE OWNERS NOTICE
Michael C. IrelanU, Mayor S.5-(03.3
ATTEST.
Kathryn Koch, City Clerk
APPROVED AS TO FORM:
John Worcester, Ciry Attorney
PUBLIC NOTICE
r ~ ORDINANCE x11 (Series of 2008)
r AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO APPROVING SUB
DIVISION FOR THE PROPERTY LOCATED qT 332 W. MAIN STREET, LOT K AND THE WEST 1/2 OF
I LOT L, BLOCH 44, CITY AND TOWNSITE OF ASPEN
~ WHEREAS, the apPlicanL Alice Bden, owner, represented by Jahn Muir Architects, requested Bubtlivi-
sion approval for the properly locatetl at 332 W. Main Street, Lot K antl the West 1/2 of lot L, Block 04„
Cdy antl Townsite of Aspen, oloratlo; antl
g WHEREAS, Section 26.480 of the Aspen Municipal Cotle establishes the process for Bubtlivision antl
a states That an application must first be reviewetl by the Planning antl Zoning Commission, who makes a
I.
~ recommendation fo City Council as to whether the apPGCa0on meets the review cr0aria; antl
a WHEREAS, of their regular meeting on August 5, 2008, the Planning antl Zoning Commission consid-
eretl the appbcalion for 9 ubtlivision, gountl that the tlevelopment proposal meets or exceetls all a
t tlevelopmenf sfantlartls antl matle a recommendation to Council that the lantl use request is Consistent
with the goals antl oblecfives of the Aspen Area Community Plan, by a vote of PWicable
_ WHEREAS, Am _ :antl,
of the application batsetl ~on the standarps founlC that the breveew stentlares2hatl been met, and recom-
mentletl approval; antl pedormetl an analyss
WHEREAS, the City Council fintls that this ortlinance fudhers and is necessary for the pronption of
tic M1eatlh, safety, antl weXare.
pub
NOW, THEREFORE, BE IT OgpAINEO BV THE CITY COUNCIL OF THE CITY OF ASPEN, COLO-
RADQ THAT:
Section 1:
Pursuant to the procetlures antl standards set todD in Title 26 of the Aspen Municipal Cotle, Aspen City
Council hereby apyroves the subdivision request to agate a new multi-family tlwelling unit at 332 W. Main
Sfreei Lot K antl the West 1/2 of Lot L, Bbck 44, CM antl Townsite of Aspen.
Section 2: Plat antl Agreement
The Applicant shall record a subdivision plat antl agreement that meets the requDements of Lantl Use
Cotle Section 26.480, Bubtlivision, within 180 tlays of approval R Ciry Council provitles final approval of
the subtlivlsion request.
Benton 3: Building Permit Application
The builtling permit application shall inclutle me following:
e. A copy of the final ONinance and recortletl P&Z Reso ution.
b. The wntltlions of approval pdntetl on Me rover page of the builtling permtl set.
Settion <: g8ordeble Housing, Cash-in-lieu Fee
Pursuant to Lantl Usa Cotle Section 2fi530.p40 Housing Replacement Requirements, in eXect at the lime
IN this application, the Applicant shell pay ales-in-lieu to mitigate the tlemolifion antl replacement of an
existing resgential multi-family housing unit. The City of Aspen Community Development pepadment shall
calculate the amount tlue using the calculation methotlology and fee schedule in aXeq al the time of buil-
ding permtl submi0al.
Banton 5: School Lands Detlicatian Fea
Pursuant to Land Use Cotle Segion 26.630, School lantls tledicafioq the qp licanf shall
of lantl tledicafion prior to issuance of any builtling permit that tri
Community Development Department shall calculate the amount tlue using the calculationymetlhodology
antl fee schedule in a8ea at the time of builtlin 99ers 1 s fee IDe City of Aspen
value of the lantl indutling Bite improvements, D9 Pexrclud ng 1fheX Val ehof sUOlqurele onltM1e sitee the market
Section 6: Park Development Impaq Fee
Pursuant to Lantl Use Cotle Section 26.610, Perk Development Impact Fee, if any Park Development Im-
pact Fee is applicable, the fee shall be assessed at the time of builtling permit application submi8al and
paM at builtling permit issuance.
Section ): Severabiliry
If any section, subsection, sentence, clause, phrase or portion of this ordinance is for an f
invalid or unconstitutional in a toad of Com ~
tlisgnct and indepentlenf provision antl shell not aXect tel va80iry of t erelmain nil be deemetl a sepa ate
Sae0on 8: Existing Litigation 9 Podions thereof.
This ordinance shall not have any eXect on existng litigation antl shall not operate as an abatement of any
action a proceetling now gentling antler or by vidua of the or0inances amentletl as Derain
the same shall be censWetl and condutletl under such prior oNinances.
provitletl, antl
A publ i hearynlg onehe ortlinance was Deld on the 25th tley of August, 2006, in the Ciry Council
Chambers,pu pishetl n a nlew spa n' Coloratlo, fiXeen (15) tlays prior to which hearing a public notice of the
' Hama was sp par of
I general circuta0on within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the
City IN Aspen on the 11th tley of August, 2008.
MichaelC ir¢land M
ATTEST
Kathryn- K- och, Qy Cl¢B
FINALLY, adopteQ Passed era aPProvetl this __ tlaY of __, 2008,
- ~ "1\
Michael C. Ireland. Mayor
e
r. ATTEST.
c
tl Kathryn Koch,Ciry Clerk
APPROVED AS TO FORM.
rh
PublisM1etl in the Aspen Tmes Weekl Jonn Worcestyr, qty gtlorney
y on August 14 2006. (2008084)
•", "1
~.,s
ATTACHMENT 7
AFFIDAVIT OF PUBLIC NOTICE
REQUH2ED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY: 33Z S. ,Aspen, CO
SCHEDULED PUBLIC HEARING DATE: , 200$
STATE OF COLORADO )
ss.
County of Pitkin )
I> (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:
~ls.TYs 32tsPe~tG.~oR rtiBtse~,,-sa*1)
1~ ~ Publication of notice: By the publication in the legal notice section of an official paper or a paper of general
circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is
attached hereto.
Posting of notice.• By posting of notice, which form was obtained from the Community Development
Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and
twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said no ice was posted at
least fifteen (15) days prior to the public hearing and was continuously visible from the ~ day of ~LhS1'
200, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached
hereto.
1~ Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which
contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days
prior to the public hearing, notice was hand delivered or mailed by fast class postage prepaid U.S. mail to all owners of
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.
Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or
amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended,
whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the
requirement of an accwate 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 shallbe waived. However, the proposed zoning
map shall be available for public inspection in the planning agency during all business hours for fifteen 15 days prior to the
public hearing on such amendments. ~ _ ~, r
' Signatwe \ ~"
r, -.
`4./ \
The foregoing "Affidavit of Notice" was acknowledged before me this ZS day
of Augus~" , 200$, by lgvrer~,)o11n 1`(l~i Y
-~
WI SS MY HAND AND OFFICIAL SEAL
mission fires: ~~Z-~lOq
N tary Public - ~
ATTACHMENTS:
COPYOF THE PUBLICATION ~~
PHOTOGRAPH OF THE POSTED NOTICE (SIGN)
LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL R~ V~
,. ~,
~.~
PUBLIC NOTICE
RE: 332 W. MAIN STREET- SUBDIVISION
.~..~
NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, August 25, 2008 at
a meeting to begin at 5:00 p.m. before the Aspen City Council to consider an application for
Subdivision, submitted by Alice Brien of 332 W. Main Street, Aspen, CO 81611. The applicant is
represented by John Muir Architects, and the project affects the property located at 332 W. Main
Street, Lot K and the west % of Lot L, Block 44, City and Townsite of Aspen. In this case,
Subdivision approval is required because the applicant proposes to create a new dwelling unit
within a mixed use building. The hearing will be held in the Council Chambers of City Hall, 130
South Galena Street; Aspen, CO 81611. For further information, contact Amy Guthrie, Historic
Preservation Officer, at the City of Aspen Community Development Department, 130 S. Galena St.,
Aspen, CO, (970) 429-2758, amy.guthrie@ci.aspen.co.us.
s/Michael C. Ireland. Mayor
Aspen City Council
Published in the Aspen Times on August 10, 2008
City of Aspen Account
320 W MAIN LLC
320 W MAIN
ASPEN, CO 81611
ALLAN ANDREW S
154 MARION ST
DENVER, CO 80218
ASPEN HOMEOWNERS ASSOCIATION
A COLD NON PROFIT CORPORATION
311 W MAIN ST
ASPEN, CO 81611
BLEVINS J RONALD & PHYLLIS M
310 W BLEEKER ST
ASPEN, CO 81611
BRAFMAN STUART & LOTTA BEA TRST
5630 WISCONSIN AVE #401
CHEVY CHASE, MD 20815
CENTURY LP
1000 CENTURY BLVD
OKLA CITY, OK 73110
CLICK JANE
333 W MAIN ST #2A
ASPEN, CO 81611
CRETE ASSOCIATES LP
C/O UNIVERSITY CITY HOUSING CO
PO BOX 1524
BRYN MAWR, PA 19010
FISERV ISS & CO
FBO ROBERTA N LOWENSTEIN
PO BOX 173859
DENVER, CO 80217-3859
~.
4 .s
331 WEST BLEEKER ASSOCIATES LLC
11101 W 120TH AVE STE 300
BLOOMFIELD, CO 80021
AP INDIAN CREEK LLC 79.11% INT
601 E HYMAN AVE
ASPEN, CO 81611
BARYON META PACKARD
4475 N OCEAN BLVD APT 43A
DELRAY BEACH, FL 33483
BLONIARZ JOHN W & DONNA L
1839 N ORLEANS ST
CHICAGO, IL 60614
BROWDE DAVID A
604 QUAKER RD
CHAPPAQUA, NY 10514
CHAMBERS PETE
C/O DOUGLAS PRICE
PO BOX 8589
ASPEN, CO 81611
COLORADO MTN NEWS MEDIA
500 DOUBLE EAGLE CT
RENO, NV 89511
CROWLEY SUE MITCHELL
409 S GREENWOOD AVE
COLUMBIA, MO 65203
GOLD RANDAL S
EPSTEIN GILBERT AND MOLLIE
PO BOX 9813
ASPEN, CO 81612
.-.,
.~
ALG SECOND QPRT
C/O GILDENHORN ALMA L
2030 24TH STN W
WASHINGTON, DC 20008
ARONSON ROBERT P
1865 PINE RIDGE LN
BLOOMFIELD HILLS, MI 48302
BLEEKER STREET INVEST LLC
323 W HALLAM
ASPEN, CO 81611
BOOKBINDER FISHDANCE & DELANEY
LLC
164 LITTLE PARK RD
GRAND JUNCTION, CO 81503
CARINTHIA CORP
45 E LUPINE DR
ASPEN, CO 81611
CITY OF ASPEN
130 S GALENA ST
ASPEN, CO 81611
CRETE ASSOCIATES LP
3418 SANSON ST
PHILADELPHIA, PA 19104
FISCHER SISTIE
442 W BLEEKER
ASPEN, CO 81611
GUNGOLL CARL E EXPLORATION LLC
6 NE 63RD ST #300
OKLAHOMA CITY, OK 73105
GUNNING RALPH HAVENS THERESA A HILL WILLIAM E
PO BOX 11912 PO BOX 1890 322 W HOPKINS AVE
ASPEN, CO 81612 CARBONDALE, CO 81623 ASPEN, CO 81611
HOWELL DANIEL B & MARY H HUDGENS ROBYN JACOBY FAMILY LP
3701 PALMA CEIA CT PO BOX 428 1402 DUVAL DR
TAMPA, FL 33629 WOODY CRK, CO 81656 GODFREY, IL 62035
JBG SECOND QPRT JEWISH RESOURCE CENTER CHABAD JNM BLEEKER STREET LLP
C/0 GILDENHORN JOSEPH B OF ASPEN C/0 LARRY SALITERMAN
2030 24TH ST NW PO BOX 12099 603 S GARMISCH ST
WASHINGTON, DC 20008 ASPEN, CO 81612 ASPEN, CO 81611
JOHNSTON FAMILY TRUST KARP MICHAEL LORENTZEN AMY L
2018 PHALAROPE 3418 SANSOM ST 409 PARK CIRCLE #3
COSTA MESA, CA 92626 PHILADELPHIA, PA 19102 ASPEN, CO 81611
MCDONALD FAMILY TRUST MITTEL EUROPA PROPERTIES LLC NORTHWAY LLC
314 W MAIN ST PO BOX 3678 106 S MILL ST #203
ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81611
POTVIN SALLY ALLEN PRICE DOUGLAS QUINN CHRISTINE
320 W BLEEKER ST PO BOX 8589 DRAWER C-2
ASPEN, CO 81611 ASPEN, CO 81612 SNOWMASS VILLAGE, CO 81615
RG BLEEKER STREET LLC 10% INT RICKEL DAVID RISCOR INC
PO BOX 10493 3928 DOVE CIRCLE 2651 N HARWOOD ST #580
ASPEN, CO 81612 HUNTINGTON VALLEY, PA 19006 DALLAS, TX 75201-1576
ROSENTHAL DIANNE SCOTT MARY HUGH SCRUGGS DAVID C & PHYLLIS R
PO BOX 10043 RUSSELL SCOTT III & CO LLC 365 RIVERBLUFF PL
ASPEN, CO 81612-7311 5420 S QUEBEC ST #200 MEMPHIS, TN 38103
GREENWOOD VILLAGE, CO 80111
SHEEHAN WILLIAM J SILVERSTEIN PHILIP SLTM LLC
SHEEHAN NANCY E SILVERSTEIN ROSALYN 106 S MILL ST
10 GOLF VIEW LN 25 KNOLLS CRESCENT
CO 81611
ASPEN
FRANKFORT, IL 60423 BRONX, NY 10463 ,
SNYDER GARY SOUTH CASTLE INVESTMENT LTD TAD PROPERTIES LTD LIABILITY CO
8324 BROODSIDE RD 202 N CURRY ST #100 PO BOX 9978
ELKINS PARK, PA 19027 CARSON CITY, NV 89703 ASPEN, CO 81612
TAD PROPERTIES LTD LLC TEMPKINS HARRY & VIVIAN TORNARE RENE & SYLVIA
TOWNE CENTRE PROPERTIES LLC 420 LINCOLN RD STE 244 308 W HOPKINS AVE
323 W MAIN ST#301 MIAMI BEACH, FL 33139 ASPEN, CO 81611
ASPEN, CO 81611
~., ~.
TROUTMAN JANINE L
PO BOX 11705
ASPEN, CO 81612
CITY OF ASPEN
HPC
130 S GALENA ST
ASPEN, CO 81611
TYCHER MARSHALL B & SALLY K WARBLE ERIC
233 CANOE BROOK RD 0124 SPRING PL
SHORT HILLS, NJ 07078 EDWARDS, CO 81632
..~
~Vlll~
MEMORANDUM
TO: Mayor Ireland and City Council ,
THRU: Chris Bendon, Community Development Director I ' 1 A f',n
VVI
FROM: Amy Guthrie, Historic Preservation Officer
RE: Second Reading of Ordinance #21, Series of 2008, 332 W. Main Street,
Subdivision, PUBLIC HEARING
DATE: August 25, 2008
APPLICANT /OWNER:
Alice Brien.
REPRESENTATIVE:
John Muir Architects.
LOCATION:
332 W. Main Street, Lot K and the
West '/z of Lot L, Block 44, City
and Townsite of Aspen.
CURRENT ZONING & USE
MU, Mixed Use, including office
space and a one bedroom free
market unit.
PROPOSED LAND USE:
MU, Mixed Use, including office
space, one 2 bedroom free mazket
unit and one 3 bedroom free market
unit.
SUMMARY:
The subject property is a designated Landmark, located in
the Main Street Historic District. HPC approvals have
been granted for restoration work and construction of a
new addition that replaces one existing residential unit and
adds another. P&Z and Council review is required
because the development of a new multi-family dwelling
unit is included in the definition of Subdivision.
STAFF RECOMMENDATION:
Staff finds that the application meets the criteria for
Subdivision. P&Z reviewed this item on August 5, 2008
and recommended approval by a vote of 7-0.
1
~~
The Applicant is requesting the following land use approval from City Council:
• Subdivision for the creation of amulti-family dwelling unit, pursuant to the definition of
Subdivision and Municipal Code Section 26.480.030.A.3. (City Council is the final
review authority after considering a recommendation from the Planning and Zoning
Commission).
BACKGROUND:
The subject property is a Queen Anne home built in 1889. It was converted to a mixed use
building, containing commercial and residential space, many yeazs ago.
The applicant has received HPC approval to demolish and replace anon-historic addition at the
back of the building. An existing one bedroom unit will be removed, triggering residential
multi-family housing replacement, as the regulations existed when this project entered into the
review process (2005). The Code requires no less than 50% of the existing unit's bedrooms and
net livable area must be mitigated in the form of Affordable Housing; however, when the
calculation results in a fraction of a unit (as is the case here), a cash in lieu payment may be
provided.
According to the Housing Guidelines, a 1 bedroom unit has been determined to house the
equivalent of 1.75 employees. The owner of the 332 W. Main site must mitigate for '/~ of 1
bedroom, or 1.75 x 50%= 0.875. While the Land Use Code does not specifically state the category
for mitigation, the Housing Office averages the payment-in-lieu fee of Categories 2 and 3, and the
average is currently $214,833. Mitigation is $214,833 x 0.875= $187,979, to be finally calculated
and paid at time of building permit.
Because this project involves the creation of an additional unit, above and beyond the one that
currently exists, Subdivision is triggered, as is the need for a Growth Management allocation. A
new unit on a landmark site is eligible for a one time Administrative exemption from Growth
Management pursuant to Section 26.470.040.B.3 (This is the code citation in effect at the time of
application. The same exemption is now located at Section 26.470.060.4.c.)
The Applicant is requesting approval from City Council regarding Subdivision. The
Subdivision section lists actions which are exempt from review as follows (emphasis added by
Staff). Based on this language, the application is not exempt from review:
26.480.030.A.3, Annroved Subdivision. All subdivisions approved prior to the effective date of
this chapter, except those lots contained within an approved subdivision which are intended or
designed to be re-subdivided into smaller lots, condominium units, or multi-family dwellings.
The Land Use Code defines multi-family dwellings as including one or more units located
within an office, retail, or service commercial building. The applicant is creating a new multi-
family residential unit, therefore review is required.
2
Subdivision regulations state that City Council is the final review authority on this application,
after considering a recommendation from the Planning and Zoning Commission. A draft
Subdivision Plat is attached.
STAFF RECOMMENDATION:
Staff finds that the project is consistent with the goals of the AACP as well as the applicable
review standards in the City Land Use Code. (See Exhibit A for findings.) Staff recommends
approval of the project. Since First Reading, conditions of approval have been recommended by
Parks and Engineering, related to work in the public right-of--way. Those conditions are included
in the Ordinance.
CITY MANAGER COMMENTS:
RECOMMENDED MOTION (ALL MOTIONS ARE WORDED IN THE AFFIRMITIVE):
"I move to adopt Ordinance #21, Series of 2008, Subdivision at 332 W. Main Street."
ATTACHMENTS:
Exhibit A- Review Criteria and Staff Findings
Exhibit B- Application
3
W e~
Exhibit A
SUBDIVISION REVIEW
Section 26.480.050 of the City Land Use Code provides that development applications for
Subdivision must comply with the following standazds and requirements.
A. General Requirements.
1. The proposed subdivision shall be consistent with the Aspen Area Comprehensive Plan.
Staff Finding
The AACP supports the preservation and viable use of historic structures. Staff finds this
criterion to be met.
2. The proposed subdivision shall be consistent with the character of existing land uses in
the area.
Staff Findine
The property is located in the Mixed Use zone district, where commercial and residential uses
are intended to co-exist. Staff finds this criterion to be met.
3. The proposed subdivision shall not adversely affect the future development of
surrounding areas.
Staff Findin>?
The proposed Subdivision will not impact the future development of the surrounding azea, which
is a designated historic district. The project is almost 1,000 squaze feet below the allowable
FAR. Staff finds this criterion to be met.
4. The proposed subdivision shall be in compliance with all applicable requirements of this
Title.
Staff Findine
The proposed Subdivision meets the applicable review standazds. Staff finds this criterion to be
met.
B. Suitability of land for subdivision.
1. Land suitability. The proposed subdivision shall not be located on land unsuitable for
development because of flooding, drainage, rock or soil creep, mudflow, rockslide,
avalanche or snowslide, steep topography or any other natural hazard or other condition
that will be harmful to the health, safety, or welfare of the residents in the proposed
subdivision.
Staff Findins
The subject lot is a standazd historic townsite lot, with no unusual natural hazards present. Staff
finds this criterion to be met.
4
2. Spatial pattern efficient. The proposed subdivision shall not be designed to create spatial
patterns that cause inefficiencies, duplication or premature extension of public facilities
and unnecessary public costs.
Staff Findine
The layout of the Subdivision is entirely consistent with the surrounding neighborhood. Staff
finds this criterion to be met.
C. Improvements. The improvements set forth at Chapter 26.580 shall be provided for the
proposed subdivision. These standards may be varied by special review (See, Chapter
26.430) if the following conditions have been met:
Staff Findine
The project does not involve the development of new parcels, streets, or other infrastructure not
already in place. The applicant has not applied for condominiumization to separate ownership of
units. Staff finds this criterion to be met.
D. Affordable housing. A subdivision which is comprised of replacement dwelling units
shall be required to provide affordable housing in compliance with the requirements of
Chapter 26.520, Replacement Housing Program. A subdivision which is comprised of new
dwelling units shall be required to provide affordable housing in compliance with the
requirements of Chapter 26.470, Growth Management Quota System.
Staff Finding
The applicant is required to provide mitigation as described in the memo. Staff finds this
criterion to be met.
E. School Land Dedication. Compliance with the School Land Dedication Standards set
forth at Chapter 26.630.
Staff Finding
The applicant will have to provide School Land Dedication fees as applicable. Staff finds this
criterion to be met.
F. Growth Management Approval. Subdivision approval may only be granted to
applications for which all growth management development allotments have been granted
or growth management exemptions have been obtained, pursuant to Chapter 26.470.
Subdivision approval may be granted to create a parcel(s) zoned Affordable Housing
Planned Unit Development (AH-PUD) without first obtaining growth management
approvals if the newly created parcel(s) is required to obtain such growth management
approvals prior to development through a legal instrument acceptable to the City Attorney.
(Ord. No. 44-2001, § 2)
Staff Finding
Growth Management Allocations and Exemptions are in place. Staff finds this criterion to be
met.
5
MEMORANDUM
TO: Mayor Ireland and City Council
THRU: Chris Bendon, Community Development Director VVY"'
FROM: Amy Guthrie, Historic Preservation Officer
RE: First Reading of Ordinance #p(~, Series of 2008, 332 W. Main Street, Subdivision
DATE: August 11, 2008
APPLICANT /OWNER:
Alice Brien.
REPRESENTATIVE:
John Muir Architects.
LOCATION:
332 W. Main Street, Lot K and the
West '/z of Lot L, Block 44, City
and Townsite of Aspen.
CURRENT ZONING & USE
MU, Mixed Use, including office
space and a one bedroom free
mazket unit.
PROPOSED LAND USE:
MU, Mixed Use, including office
space, one 2 bedroom free mazket
unit and one 3 bedroom free market
unit.
SUMMARY:
The subject property is a designated Landmazk, located in
the Main Street Historic District. HPC approvals have
been granted for restoration work and construction of a
new addition that replaces one existing residential unit and
adds another. P&Z and Council review is required
because the development of a new multi-family dwelling
unit is included in the definition of Subdivision.
STAFF RECOMMENDATION:
Staff finds that the application meets the criteria for
Subdivision. P&Z will review this item on August 5,
2008 and their recommendation will be presented to City
Council at First Reading.
~/
requesting the following land use approval from City Council:
• Subdivision for the creation of amulti-family dwelling unit, pursuant to the definition of
Subdivision and Municipal Code Section 26.480.030.A.3. (City Council is the final
review authority after considering a recommendation from the Planning and Zoning
Commission).
BACKGROUND:
The subject property is a Queen Anne home built in 1889. It was converted to a mixed use
building, containing commercial and residential space, many yeazs ago.
The applicant has received HPC approval to demolish and replace anon-historic addition at the
back of the building. An existing one bedroom unit will be removed, triggering residential
multi-family housing replacement, as the regulations existed when this project entered into the
review process (2005). The Code requires no less than 50% of the existing unit's bedrooms and
net livable azea must be mitigated in the form of Affordable Housing; however, when the
calculation results in a fraction of a unit (as is the case here), a cash in lieu payment may be
provided.
According to the Housing Guidelines, a 1 bedroom unit has been determined to house the
equivalent of 1.75 employees. The owner of the 332 W. Main site must mitigate for % of 1
bedroom, or 1.75 x 50%= 0.875. While the Land Use Code does not specifically state the category
for mitigation, the Housing Office averages the payment-in-lieu fee of Categories 2 and 3, and the
average is currently $214,833. Mitigation is $214,833 x 0.875= $187,979, to be finally calculated
and paid at time of building permit.
Because this project involves the creation of an additional unit, above and beyond the one that
currently exists, Subdivision is triggered, as is the need for a Growth Management allocation. A
new unit on a landmark site is eligible for a one time Administrative exemption from Growth
Management pursuant to Section 26.470.040.B.3 (This is the code citation in effect at the time of
application. The same exemption is now located at Section 26.470.060.4.c.)
The Applicant is requesting approval from City Council regarding Subdivision. The
Subdivision section lists actions which are exempt from review as follows (emphasis added by
Staff). Based on this language, the application is not exempt from review:
26.480.030.A.3, Anuroved Subdivision. All subdivisions approved prior to the effective date of
this chapter, except those lots contained within an approved subdivision which are intended or
designed to be re-subdivided into smaller lots, condominium units, ormulti-family dwellings.
The Land Use Code defines multi-family dwellings as including one or more units located
within an office, retail, or service commercial building. The applicant is creating a new multi-
family residential unit, therefore review is required.
2
tir
Subdivision regulations state that City Council is the final review authority on this application,
after considering a recommendation from the Planning and Zoning Commission. A draft
Subdivision Plat is attached.
STAFF RECOMMENDATION:
Staff finds that the project is consistent with the goals of the AACP as well as the applicable
review standazds in the City Land Use Code. (See Exhibit A for findings.) Staff recommends
approval of the project.
CITY MANAGER COMMENTS:
RECOMMENDED MOTION (ALL MOTIONS ARE WORDED IN THE AFFIRMITIVE):
"I move to approve Ordinance #Z~, Series of 2008, Subdivision at 332 W. Main Street on First
Reading."
ATTACHMENTS:
Exhibit A- Review Criteria and Staff Findings
Exhibit B- Application
3
Exhibit A
SUBDIVISION REVIEW
Section 26.480.050 of the City Land Use Code provides that development applications For
Subdivision must comply with the following standazds and requirements.
A. General Requirements.
1. The proposed subdivision shall be consistent with the Aspen Area Comprehensive Plan.
Staff Finding
The AACP supports the preservation and viable use of historic structures. Staff finds this
criterion to be met.
2. The proposed subdivision shall be consistent with the character of existing land uses in
the area.
Staff Finding
The property is located in the Mixed Use zone district, where commercial and residential uses
are intended to co-exist. Staff finds this criterion to be met.
3. The proposed subdivision shall not adversely affect the future development of
surrounding areas.
Staff Finding
The proposed Subdivision will not impact the future development of the surrounding azea, which
is a designated historic district. The project is almost 1,000 square feet below the allowable
FAR. Staff finds this criterion to be met.
4. The proposed subdivision shall be in compliance with all applicable requirements of this
Title.
Staff Finding
The proposed Subdivision meets the applicable review standards. Staff finds this criterion to be
met.
B. Suitability of laud for subdivision.
1. Land suitability. The proposed subdivision shall not be located on land unsuitable for
development because of flooding, drainage, rock or soil creep, mudflow, rockslide,
avalanche or snowslide, steep topography or any other natural hazard or other condition
that will be harmful to the health, safety, or welfare of the residents in the proposed
subdivision.
Staff Finding
The subject lot is a standard historic townsite lot, with no unusual natural hazazds present. Staff
finds this criterion to be met.
4
~.,
~... ..
2. Spatial pattern efficient. The proposed subdivision shall not be designed to create spatial
patterns that cause inefficiencies, duplication or premature extension of public facilities
and unnecessary public costs.
Staff Findine
The layout of the Subdivision is entirely consistent with the surrounding neighborhood. Staff
finds this criterion to be met.
C. Improvements. The improvements set forth at Chapter 26.580 shall be provided for the
proposed subdivision. These standards may be varied by special review (See, Chapter
26.430) if the following conditions have been met:
Staff Findin¢
The project does not involve the development of new parcels, streets, or other infrastructure not
already in place. The applicant has not applied for condominiumization to sepazate ownership of
units. Staff finds this criterion to be met.
D. Affordable housing. A subdivision which is comprised of replacement dwelling units
shall be required to provide affordable housing in compliance with the requirements of
Chapter 26.520, Replacement Housing Program. A subdivision which is comprised of new
dwelling units shall be required to provide affordable housing in compliance with the
requirements of Chapter 26.470, Growth Management Quota System.
Staff Findine
The applicant is required to provide mitigation as described in the memo. Staff finds this
criterion to be met.
E. School Land Dedication. Compliance with the School Land Dedication Standards set
forth at Chapter 26.630.
Staff Finding
The applicant will have to provide School Land Dedication fees as applicable. Staff finds this
criterion to be met.
F. Growth Management Approval. Subdivision approval may only be granted to
applications for which all growth management development allotments have been granted
or growth management exemptions have been obtained, pursuant to Chapter 26.470.
Subdivision approval may be granted to create a parcel(s) zoned Affordable Housing
Planned Unit Development (AH-PUD) without first obtaining growth management
approvals if the newly created parcel(s) is required to obtain such growth management
approvals prior to development through a legal instrument acceptable to the City Attorney.
(Ord. No. 44-2001, § 2)
Staff Findine
Grow[h Management Allocations and Exemptions aze in place. Staff finds this criterion to be
met.
5
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ORDINANCE # ~-l
(Series of 2008)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO APPROVING SUBDIVISION FOR THE PROPERTY LOCATED AT
332 W. MAIN STREET, LOT K AND THE WEST'/: OF LOT L, BLOCK 44, CITY
AND TOWNSITE OF ASPEN
WHEREAS, the applicant, Alice Brien, owner, represented by John Muir Architects,
requested Subdivision approval for the property located at 332 W. Main Street, Lot K and
the West''/z of Lot L, Block 44„ City and Townsite of Aspen, Colorado; and
WHEREAS, Section 26.480 of the Aspen Municipal Code establishes the process for
Subdivision and states that an application must first be reviewed by the Planning and
Zoning Commission, who makes a recommendation to City Council as to whether the
application meets the review criteria; and
WHEREAS, at their regulaz meeting on August 5, 2008, the Planning and Zoning
Commission considered the application for Subdivision, found that the development
proposal meets or exceeds all applicable development standazds and made a
recommendation to Council that the land use request is consistent with the goals and
objectives of the Aspen Area Community Plan, by a vote of _-_; and,
WHEREAS, Amy Guthrie, in her staff report to City Council dated August 11, 2008,
performed an analysis of the application based on the standazds, found that the review
standards had been met, and recommended approval; and
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the
promotion of public health, safety, and welfaze.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO, THAT:
Section I:
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal
Code, Aspen City Council hereby approves the subdivision request to create a new multi-
family dwelling unit at 332 W. Main Street, Lot K and the West % of Lot L, Block 44,
City and Townsite of Aspen.
Section 2: Plat and Aereement
The Applicant shall record a subdivision plat and agreement that meets the requirements of
Land Use Code Section 26.480, Subdivision, within 180 days of approval if City Council
provides final approval of the subdivision request.
,_.,, ..
ti,
Section 3: Building Permit Application
The building permit application shall include the following:
a. A copy of the final Ordinance and recorded P&Z Resolution.
b. The conditions of approval printed on the cover page of the building permit set.
Section 4: Affordable Housing, Cash-in-lieu Fee
Pursuant to Land Use Code Section 26.530.040 Housing Replacement Requirements, in
effect at the time of this application, the Applicant shall pay afee-in-lieu to mitigate the
demolition and replacement of an existing residential multi-family housing unit. The City
of Aspen Community Development Department shall calculate the amount due using the
calculation methodology and fee schedule in affect at the time of building permit
submittal.
Section 5: School Lands Dedication Fee
Pursuant to Land Use Code Section 26.630, School lands dedication, the Applicant shall
pay afee-in-lieu of land dedication prior to issuance of any building permit that triggers
this fee. The City of Aspen Community Development Department shall calculate the
amount due using the calculation methodology and fee schedule in affect at the time of
building permit submittal. The Applicant shall provide the market value of the land
including site improvements, but excluding the value of structures on the site.
Section 6: Park Development Impact Fee
Pursuant to Land Use Code Section 26.610, Park Development Impact Fee, if any Pazk
Development Impact Fee is applicable, the fee shall be assessed at the time of building
permit application submittal and paid at building permit issuance.
Section 7: Severability
If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any
reason held invalid or unconstitutional in a 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 8:Existing Litigation
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
amended as herein provided, and the same shall be construed and concluded under such
prior ordinances.
,~
..
Section 9: Public Hearine
A public hearing on the ordinance was held on the day of , 2008, in the City
Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which
hearing a public notice of the same was published in a newspaper of general circulation
within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 11th day of August, 2008.
Michael C. Ireland, Mayor
ATTEST:
Kathryn Koch, City Clerk
FINALLY, adopted, passed and approved this _ day of _, 2008.
Michael C. Ireland, Mayor
ATTEST:
Kathryn Koch, City Clerk
APPROVED AS TO FORM:
John Worcester, City Attorney
July 1$, 2008
Amy Guthrie, Senior Planner
Community Development, Historic Preservation
130 S. Galena Street
Aspen; CO ,81611
John Muir
John Muir, Architect
201. Main Street, Suite 304
Carbondale, CO 81623 '
~.
Tele: (97Q) 429-2758 ~
Fax: (970) 920-5439
Tele: (970) 704-9750
Fax: (970) 704-0287
Dear Amy,
On behalf of Alice Brien, I would like to conclude the application requirements for Subdivision Review for.
Parcel # 2735-124-41-007, located on Lot K & West % of Lot L, Block 44, City and Town site of Aspen, 332
West Main Street, Aspen. In addition to this letter, please find the additional 11 conies (12 total) of the
application as well as the electronic version (CD) of the requirements and the payment covering the
application-,and review fee.
To reiterate the project summary, wide all previous HPC Conceptual & Final approvals and variances in place,
the demolition and new construction would primarily occur North of the line of the original historic structure
as interpreted by HPC. The demolifion includes removing one- (1) bedroom, 459 net sf rental unit and
constructing two new free mazket units in its place as described by previous approvals and plans provided in
the Subdivision Review application binder.
Please contact me if you have any questions,
Sincerely,
i
john Muir; NCARB, AIA
r
201 Main Street, Suite 304, Carbondale, Colorado 81623
Phone: (970) 704-9750 Fax: (970) 704-0287 E-Mail: jxna opris.net
~~
._ __
ATTACHMENT 2-LAND USE APPLICATION
r 7JECT:
Name: Main Street Project
Location: 332 W. Main Street, Lot K & West %z of Lot L, Block 44, City and Townsite of Aspen, Colorado
(Indicate street address, lot & block number, le al descri tion where appropriate)
Parcel ID # (REQUIRED) 2735-124-41-007
APPLICANT:
Name: Alice Brien
Address: 332 W. Main Street- Aspen, CO 81611
Phone #: (970)544-1902
REPRESENTATIVE:
Name: John Muir Architects
Address: 201 Main Street, Suite 304- Carbondale, CO 81623
Phone #: (970)704-9750
t zrrc ur tirrr.r~n t iu1r: tpiease cnecx au mat appiy~:
^ GMQS Exemption ^ Concepiuai PuL ^ Temporary Use
^ GMQS Allotment ^ Final PUD (& PUD Amendment) ^ TexUMap Amendment
r] Special Review ® Subdivision ^ Conceptual SPA
,] ESA- 8040 Greenline, Stream ^ Subdivision Exemption (includes ^ Final SPA (& SPA
Margin, Hallam Lake Bluff, condominiumization) Amendment)
Mountain View Plane
^ Commercial Design Review ^ Lot Split ^ Small Lodge Conversion/
Expansion
^ Residential Design Variance ^ Lot Line Adjustment ^ Other:
^ Conditional Use
EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals etc.)
Existing historic, mixed-use structure possesses both preliminary and fmal HPC approvals to remove non-historic portion
And modify small portion of the historic structure into new proposal (see below)
PROPOSAL: (description of proposed buildings, uses, modifications, etc.)
add two free market units attached to North end of historic structure, incorporating a small portion of the existing historic
Structure into one of the free market units. Refer to plans and Resolution No. 23 series of 2007 for specific information
nave you at[acnea the touowtng: PEES llUE: $
® Pre-Application Conference Summary
® Attachment #1, Signed Fee Agreement
® Response to Attachment #3, Dimensional Requirements Form
® Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards
I~ 3-D Model for large project
plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written teat
(Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an
electronic 3-D model. Your pre-application conference summary Rdll indicate if you must submit a 3-D model.
ATTACHMENT3
DIMENSIONAL REQUIREMENTS FORM
Project: Main Street Project
Applicant: Alice Brien
Location: 332 W. Main Street, Lot K & the West''/2 of Lot L, Block 44, City of Aspen
Zone District: MU
Lot Size: 45'-0" x 100'-0"
Lot Area: 4500 sf
(for the purposes of calculating Floor Area, Lot Area maybe reduced for areas
within the high water mazk, easements, and steep slopes. Please refer to the
defmition of Lot Area in the Municipal Code.)
Commercial net leasable: Existing: _2421 Proposed: no change
Number of residential units: Existing: _I Proposed.• 2
Number of bedrooms: Existing:_I Proposed.• 5
Proposed % of demolition (Historic properties only):_18.6%_(494/2651)_
DIMENSIONS:
Floor Area: Existing: (see plans) Allowable: (see plans)_Propcsed.• ee plarsj_
Principal bldg. height: Existing:_24'-6" AZlowable:_32' Proposed.• 24'-2"
Access. bldg. height: Existing: _na Allowable:_ na Proposed:_na_
On-Site parking: Existing: _I_ Required: Proposed: _2_
Site coverage: Existing: _41.3 _Required: Proposed: 50.1
Open Space: Existing: _58.7 Required.• Proposed: 49.9
Front Setback: Existing: _23.18' Required:_ IO' Proposed:_nochange
Rear Setback: Existing: _7.24'_ Required:_ S' Proposed:_0_
CombinedF/R: Existing: _30.42' Required:_ IS' Proposed.•_23.18'_
Side Setback: Existing.• _4.35' Required: _ 5' Proposed: _nochange_
Side Setback: Existing.• S.5' Required:_ 5' Proposed.• 5'
Combined Sides: Existing:_9.85' Required.•IO' Proposed: 9.46'
Distance Between Existing naRequired.•na Proposed:_na
Buildings
Existing non-confomrities or encroachments: Exisfine East elevation (3`d street facade) extends
over setback by .65' or 7 13/16"
Variafions requested:
,,.,, ...
~.. ~
Resolution No. 28
(SERIES OF 2008)
A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
RECOMMENDING THAT CITY COUNCIL GRANT SUBDIVSION APPROVAL
FOR THE PROPERTY LOCATED AT 332 W. MAIN STREET, LOT K AND THE
WEST'/: OF LOT L, BLOCK 44, CITY AND TOWNSITE OF ASPEN,
COLORADO
WHEREAS, the applicant, Alice Brien, owner, represented by John Muir
Architects, requested Subdivision approval for the property located at 332 W. Main
Street, Lot K and the West %: of Lot L, Block 44„ City and Townsite of Aspen, Colorado;
and
WHEREAS, upon review of the application and the applicable code standards,
the Community Development Department recommended approval of the Subdivision
request; and,
WHEREAS, at their regular meeting on August 5, 2008, the Planning and Zoning
Commission considered the development proposal under the applicable provisions of the
Municipal Code, reviewed and considered the recommendation of the Community
Development Director, and took and considered public comment at a duly noticed public
heazing; and,
WHEREAS, the Planning and Zoning Commission found that the development
proposal meets or exceeds all applicable development standazds and that a recommendation
for Council approval of the land use request is consistent with the goals and objectives of the
Aspen Area Community Plan, by a vote of 7 to 0; and,
WHEREAS, the City of Aspen Planning and Zoning Commission found that this
Resolution furthers and is necessary for the promotion of public health, safety, and welfaze.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING
AND ZONING COMMISSION AS FOLLOWS:
Section 1
Pursuant to the procedures and standazds set forth in Title 26 of the Aspen Municipal
Code, the Planning and Zoning Commission hereby recommends approval of the
subdivision request to create a new multi-family dwelling unit at 332 W. Main Street, Lot
K and the West 'h of Lot L, Block 44, City and Townsite of Aspen.
,~
Section 8•
~.
This resolution shall not effect any 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 9•
[f any section, subsection, sentence, clause, phrase, or portion of this resolution is for any
reason held invalid or unconstitutional in a 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.
APPROVED BY the Planning and Zoning Commission of the City of Aspen on this Sw day
of August, 2008.
APPROVED AS TO FORM:
AND ZONING
,City Attorney Erspamer, hair
ATTEST:
ckie Lothian, Deputy City Clerk
Amy Guthrie
From: Christine Treadwell [cqt@rof.net]
Sent: Tuesday, August 05, 2008 1:11 PM
To: amy.guthrie@ci.aspen.co.us.
Subject: Fwd: 332 West Main Street-Subdivision
To: amv.outhrieCa~ci.asoen.co.us.
Subject: Fwd: 332 West Main StreetSubdivision
~Y~
Thank you for getting back with me in regards to the public notice re: 332 Main
Street. As you know I am greatly concerned with not only additional housing in
the alley of the 300 block of West Main and West Bleeker but also with the
parking dilemma that faces all the residents in this area. I azn forwarding to you a
picture of the home in which we are discussing . (The tan home in the
background is a dormitory, rental property which I understand has 13 units and
no parking. This only accentuates the pazking problem.) The home in the
planning stages in the fore ground of the picture, I have come to understand is a
mixed use building. I believe as it stands now it has at least two units that serve
as dwellings and only one pazking space on the property . I understand that the
new plan for an additional dwelling provides one additional parking place. This is
not a solution to the problem. For example, if a roommate situation occurs in any
of the units at 332 West Main Street we can assume that there will be at least two
cars for each unit. I also understand this is a mixed use building, since there is no
parking on Main Street, where are the people to park that use the property? My
own residence is hugely effected by the parking situation; several times a year
our vehicle is blocked in or out of our driveway by illegally pazked cars, our
walkway is also blocked as well as our mail box. Access to our house is more
often that not compromised by cars, trucks and trailers that have no assignment of
space. While there is an occasion to make appropriate improvements to the
pazking situation, by requiring sufficient pazking on new projects, let us not miss
the opportunity.
Sincerely,
Christine Quinn
333 West Bleeker Street
Aspen , CO 81611
970-923-2964
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE COBE
ADDRESS OF PROPERTY:
3'~ 2 W ~ lylain ~17-~~e-lt• ,Aspen, CO
SCHEDULED PUBLIC HEARING DATE:
Tuss~~ A~,c,i~s7 5.~ 4:~d~J/'7 ,200
STATE OF COLORADO )
ss.
County of Pitkin )
I ~r `~~\G\ ~ ~ C'~`"~ (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:
f Publication of notice: By the publication in the legal notice section of azi official
paper or a paper of general circulation in the City of Aspen at least fifteen (15)
days prior to the public heazing. A copy of the publication is attached hereto.
Posting of notice: By posting of notice, which form was obtained from the
Community Development Department, which was made of suitable, waterproof
materials, which was not less than twenty-two (22) inches wide and twenty-six
(26) inches high, and which was composed of letters not less than one inch in
height. Said notice was posted at least fifteen (15) days prior to the public hearing
and was continuously visible from the _ day of , 200_, to
and including the date and time of the public heazing. A photograph of tlse posted
~aotice (sign) is attached hereto.
Mailing of rsotice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to
the public hearing, notice was hand delivered or mailed by first class postage
prepaid U.S. mail to all owners of 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 heazing. A
copy of the owners and goverranental agencies so noticed is attached hereto.
(continued on next page)
Mineral Estate Owner Notice. By the certified mailing of notice, returri receipt
requested, to affected mineral estate owners by at least thirty (30) days prior to
the date scheduled for the initial public hearing on the application of
development. The names and addresses of mineral estate owners shall be those
on the current tax records of Pitkin County. At a minimum, Subdivisions that
create more than one lot, Planned Unit Developments, Specially Planned Areas,
and COWAPs are subject to this notice requirement.
Rezoning or text amendment. Whenever the official zoning district map is in
any way to be changed or amended incidental to or as pazt of a general revision
of this Title, or whenever the text of this Title is to be amended, whether such
revision be made by repeal of this Title and enactment of a new land use
regulation, or otherwise, the requirement of an accurate survey map or other
sufficient legal description of, and the notice to and listing of names and
addresses of owners of real property in the area of the proposed change shall be
waived. However, the proposed zoning map shall be available for public
inspection in the planning agency during all business hours for fifteen (15) days
prior to the public heazing on such amendments.
Signature
The foregoing "Affidavit of Notice" was acknowled ed before me this ? ~ day
of T.-~~~~ , 200,x, by ~co-r'~--'~
PUBLIC NOTCE
WITNESS MY HAND AND OFFICIAL SEAL
My commission expires:
Publisbetl in the Aspen Times on July 20, 2008.
(1885'J51)
~'~,~ ~• (/ti
;
Notary Public
ATTACHMENTS AS APPLICABLE:
...,_ _ ..~ lnat'UBLICATION
r- J
..,~TH ~ , c~Gs
,~ .. .~ :'may
Icy/;'~'`~.., ~,Ci,~:~•~_i'
~` . -~C{JLt?.
A4y Ccrcis.ic: _~':°.;~as 09/2512009
• PHOTOGRAPH OF THE POSTED NOTICE (SIGN)
• LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED
BY MAIL
• APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE
AS REQUIRED BY C.R.S. §24-65.5-103.3
s/ W ErWWamar, Chairmen
Aei'ian Pknnin9 antl Zoning Lommisswn
ATTACHMENT 7
AFFIDAVIT OF PUBLIC NOTICE
REQUII2ED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY: ~32. w MINI S7: ,Aspen, CO
SCHEDULED PUBLIC HEARING DATE: ~tJGUSf _ fr , 200
STATE OF COLORADO )
ss.
County of Pitkin
I, (name, please print) being or representing an
Applicant to e City of Asp Colorado, hereby personally certify that I have complied with the public notice
requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner:
Publication of notice: By the publication in the legal notice section of an official paper or a paper of general
circulation in the City of Aspen at least fifteen (IS) days prior to the public hearing. A copy of the publication is
attached hereto.
Posting of notice: By posting of notice, which forth was obtained from the Community Development
Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and
twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at
least fifteen (15) days prior to the public hearing and was continuously visible from the IS day of Juyr
200 8 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 fifteen (15) 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. 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.
Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or
amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended,
whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the
requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and
addresses of owners of real property in the azea of the proposed change shallbe waived. However, the proposed zoning
map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the
public hearing on such amendments. ~ ~, ~ y
' Signature v
,,,,~
The foregoing "Affidavit of Notice" was acknow~edg~e~d~b~efo~re m s ay
of~c'T , 2~~~ by t~ ~ ~l~l
WITNESS MY HAND AND OFFICI L SEAL
My commission expir o
Pub'
ATTACHMENTS:
COPYOF THE PUBLICATION
PHOTOGRAPH OF THE POSTED NOTICE (SIGN)
LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL
MAR1O F.
LOYq
Icy CgIM1YMig1 E1~110i 11!08/2011
d.J
PUBLIC NOTICE
RE: 332 W. MAIN STREET- SUBDIVISION
NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, August 5, 2008 at a
meeting to begin at 4:30 p.m. before the City of Aspen Planning and Zoning Commission to
consider an application for Subdivision, submitted by Alice Brien of 332 W. Main Street, Aspen,
CO 81611. The applicant is represented by John Muir Architects, and the project affects the
property located at 332 W. Main Street, Lot K and the west '/z of Lot L, Block 44, City and
Townsite of Aspen. In this case, Subdivision approval is required because the applicant proposes to
create a new dwelling unit within a mixed use building. The hearing will be held in the Sister
Cities Room of City Hall, 130 South Galena Street; Aspen, CO 81611. For further information,
contact Amy Guthrie, Historic Preservation Officer, at the City of Aspen Community Development
Department, 130 S. Galena St., Aspen, CO, (970) 429-2758, amy.guthrie@ci.aspen.co.us.
s/ LJ Erspamer, Chairman
Aspen Planning and Zoning Commission
Published in the Aspen Times on July 20, 2008
City of Aspen Account
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