HomeMy WebLinkAboutLand Use Case.CU.205 S Galena St.A2-90CASELOAD SUMMARY SHEET
City of Aspen
DATE RECEIVED: 1 8 0 PARCEL ID AND CASE NO.
DATE COMPLETE: 2737 - 073 -39 -001 & 0 4 A2 -9
STAFF MEMBER:
PROJECT NAME: Collins Block GMQS Exemption
Special Review and Lot Line Adjustment
Project Address: 205 S. Galena Street
Legal Address:
APPLICANT: Harley Baldwin
Applicant Address: 205 S. Galena Street, Aspen, CO 81611
REPRESENTATIVE: Joe Wells
Representative Address /Phone: 130 Midland Park Place, F -2
Aspen, CO 81611 5 -8080
PAID: YES NO AMOUNT: $1,780. NO. OF COPIES RECEIVED
TYPE OF kPPLICATIO�N�:�_� 1 STEP: STEP:
P &Z Meeting Date v PUBLIC HEARING: N
VESTED RIGHTS: YES O_ O
CC Meeting Date Q�2 0 PUBLIC HEARING: YES NO
VESTED RIGHTS: YES NO
Planning Director Approval: Paid:
Insubstantial Amendment or Exemption: Date:
REFERRALS:
City Attorney
i City Engineer
I Housing Dir.
T Aspen Water
City Electric
Envir. Hlth.
Aspen Consol.
S.D.
DATE REFERRED:
Mtn. Bell
Parks Dept.
Holy Cross
Fire Marshall
Building Inspector
Roaring Fork
Energy Center
�O y U INITIAL
School District
Rocky Mtn Nat Gas
State Hwy Dept(GW)
State Hwy Dept(GJ)
Other
t:
77 city ROUTING: DATE ROUTE : Z " ) R(_) INITIAL: Atty City E ine-er Z ning _ Env. Health
Housing _ -�! Other:
. 1 -.
FILE STATUS AND LOCATION: (U
11 1
CI
DATE: December 18, 1990
TO: Mayor and City Council
FROM: Jed Caswall, City Attorney
PEN
eet
611
VI, h
RE: to lits Lot Line Adjustment Plat Recordation Time
Waiver.
This matter is on your consent agenda at the request of the owner
of the Collins Block seeking a waiver of the 180 -day plat recor-
dation requirement as set forth in Section 7 -1005E of the Land
Use Code (see attached letter).
On March 26, 1990, Council adopted Ordinance No. 12 granting
certain subdivision development approvals for the Collins Block,
including condominiumization and a lot line adjustment. Per
Section 7- 1005E, "failure on the part of the applicant to record
the plat within a period of 180 days following approval by the
city council shall render the plat invalid and reconsideration
and approval of the plat by the commission and city council will
be required before its acceptance and recording, unless an exten-
sion or waiver is granted by city council for a showing of good
cause." In this instance, the applicant failed to prepare and
record the new plat reflecting the lot line adjustment by the
September 24th deadline. (There is no deadline for filing a plat
reflecting a condominiumization.)
As noted above, Council may extend or waive the 180 -day recorda-
tion deadline. While the applicant here has asked for a waiver,
it would seem that the better practice would be to grant an
extension instead of wavier so that a date certain for getting a
plat recorded is established. Since the applicant failed to seek
the extension during the original 180 -day recording period, a new
deadline will have to be made retroactive to the original expira-
tion date.
In conjunction with the applicant's request for a recordation
extension, several
incorporated into
encroachment issues can be resolved and
the new plat.
C
Memorandum to Mayor and City Council
December 18, 1990
Page 2
In line with the applicant's request, I have prepared a resolu-
tion for your adoption retroactively extending the plat recorda-
tion time from the initial date of September 24, 1990, to and
until March 22, 1991. This will allow for the applicant to meet
with the Engineering Department to insure an accurate delineation
of all encroachments on the new plat. A written subdivision
exemption agreement will also be prepared and executed during the
new time period.
EMC /mc
Attachment
cc: City Engineer
Planning Director
N
RONALD GARFIELD*
ANDREW V. HECHT **
ROBERT E. KENDIG
MICHAEL J. HERRON * **
JANE ELLEN HAMILTON
CATHERINE H. McMAHON * * **
GARFIELD & HECHT P.C.
ATTORNEYS AT LAW
VICTORIAN SQUARE BUILDING
601 EAST HYMAN AVENUE
ASPEN, COLORADO 81611
December 7, 1990
TELEPHONE
(303) 925 -1936
TELECOPIER
U l f Q IC 03))) r. 3 9�5 -3008
�' � t
GI{
PIC 0 i 1990
sa admired to
Ncr York Bar
...Iso admire4 to
District of Columbia Bar
also admined io
Florida Bar
^
• • alao admired to
Illinois Bar
HAND DELIVERY
Edward M. Caswall
City Attorney
130 South Galena
Aspen, CO 81611
Amy Margerum
Aspen /Pitkin County
130 South Galena
Aspen, CO 81611
Planning Office
C/ rr RIVEYS
RE: Collins Block \Sabbatini Lot Line Adjustment Plat
Dear Jed and Amy:
As discussed in my meeting with Jed on Monday, November 26,
1990 this is to request pursuant to Section 7 -1005 (E) of the Aspen
Land Use Code that the 180 -day recordation requirement for the
Collins Block \Sabbatini Lot Line Adjustment Plat be waived. The
requirement was not met due to inadvertence, and the Engineering
Department has since informed us that there are some overhang
encroachments in addition to the bay windows, entry doors and
sidewalk canopy that were licensed last February, that must be
licensed prior to recording. We are presently addressing these
encroachment issues and will get those processed as promptly as
possible and get the Plat recorded.
Since no harm to the City or adjoining land owners will result
from this request, we respectfully suggest that the waiver be
granted.
Sincerely,
GARFIELD & HECHT, P.C.
Catherine H. McMahon
CHM /bc
cc: Leslie Lamont
#331 IQ 03/22/91 14-48 Rec $20.0 BK 642 PG 332
Silvi Davis, Fitk:in Cnty ClerF:, Doc $.6ci
DECLARATION OF COVENANTS, RESTRICTIONS
AND CONDITIONS FOR
COLLINS BLOCK
HARLEY BALDWIN ( "Covenantor "), for himself, his heirs,
executors, personal representatives, administrators and assigns, in
consideration of the granting of a Subdivision Exemption for the
condominiumization of two three - bedroom free market residential
units located on the following described property and lot line
adjustment, hereby covenants with the City of Aspen, Pitkin County,
Colorado, to restrict such property, as follows:
1. Covenantor is the owner of the following described
property (the "Property ") together with the improvements situated
thereon in the City of Aspen, County of Pitkin, State of Colorado:
See Exhibit " A " attached hereto
2. Prior to filing the Final Plat for condominiumization,
Covenantor shall pay an affordable housing impact fee for two two -
bedroom units, indexed to the current guidelines at the time of
payment, to the Finance Director for receipt to the Housing
Authority.
3. Prior to the issuance of a building permit for the two
free market residential units and the two affordable units, deed
restrictions shall be filed with respect to the two two- bedroom
affordable units for approval and review with the Aspen / Pitkin
County Housing Authority. One of the units shall be deed
restricted to moderate income guidelines and one of the units shall
be deed restricted to low income guidelines.
4. Prior to the issuance of a Certificate of Occupancy for
the two free market residential units and 578 square feet of new
commercial space, a Certificate of Occupancy for the two two -
bedroom affordable units on the Lane Parcel shall be issued.
5. Prior to filing the Final Plat for condominiumization for
the two free market residential units, a Certificate of Occupancy
shall be issued for the two affordable units on the Lane Parcel.
6. Prior to filing a Final Plat for condominiumization and
lot line adjustment, the plat shall be reviewed and approved by the
Engineering and Planning Departments.
7. Prior to the issuance of a building permit for the Lane
Parcel, Covenantor shall prove to the Engineering Department that
the dry wells are sufficient to accommodate all drainage on site by
providing calculations from a registered engineer. All drainage
shall be maintained on site and connected to the City's storm sewer
or dry wells.
#33 o 03/22/91 14:48 Rec $20.00 DK 642 PG 333
Silvia Davis, Fitt.:i.n Cnty Cler4::, Doc s.Qo
8. Prior to the issuance of a demolition permit for the Lane
Parcel, a construction schedule shall be coordinated with the
Engineering Department to minimize the impacts of construction in
the alley.
9. Covenantor agrees to join, upon the City's demand, any
improvement district formed for construction of improvements.
10. Covenantor shall provide separate service line
connections for each of the proposed condominiums.
11. The trash service area shall comprise 310 square feet and
shall comply with the code provisions, except that the height will
be 7 feet instead of 10 feet and the area will enable a double
loading of the trash bins as approved by the Commission.
12. Covenantor agrees to work with the adjacent property
owner to secure an efficient service delivery and trash access area
through the Lane Parcel servicing the Collins Block and the
redevelopment on the adjacent parcels, Lots D, E and F.
13. The covenants contained herein may be changed, modified
or amended by the recording of a written instrument signed by the
record owner of the Property and Mayor of the City of Aspen
pursuant by a vote taken by the City Council.
14. The covenants cox
and shall be binding upon
interest in the Property
representatives, successors
of the longest -lived member
Council plus twenty -one (21
years from the date these
less.
stained herein shall run with the land
ill parties having any right, title or
:)r any part thereof and their heirs,
and assigns, for the period of the life
of the presently- constituted Aspen City
years, or for a period of fifty (50)
covenants are recorded, whichever is
15. The covenants contained herein shall not be released or
waived in any respect during the period they are binding without
the prior written consent of the City of Aspen reflected by
resolution of the City Council of the City of Aspen.
16. In any legal proceeding to enforce the provisions of
these covenants, restrictions and conditions, the prevailing party
shall be entitled to recover its fees and costs incurred thereby,
including its reasonable attorneys' fees and expert witness fees.
IN ! TNESS WHEREOF, this Declaration has been duly executed
this day of March, 1991.
V `d
Harley Baldwin
#3. 03/22/91 14:48 Rec $20.on bK 642 PG 334
Silvi avis, Pitk:in Cnty Clerk, Doc s.00
STATE OF COLORADO )
) ss
COUNTY OF PITKIN )
The� oregoing instrument was sworn and subscribed before me
this �— day of March, 1991, by Harley Baldwin.
WITNESS my hand and official seal.
My commission expires:
1111 111l111'
pTA ' W'•, : Notary blic
- r
chm \cp \coHnblk.dec
#3312303/22/91 1.4 :48 Rec $20.00: 642 PG 335
si.l.vi. avis, Ritkin Cnty Clerk, Cr'�c x.00
EXHIBIT A
PARCEL A
The
North 80.5
feet of
Lots A, B and C and the North 0.5 feet of
the
South 20.00
feet of
the West 5.59 feet of Lot D, Block 88, City
and
Townsite of
Aspen,
EXCEPT that portion of said Lot C conveyed by Tinnie Mercantile
Company, a New Mexico corporation, and Nigh Country Lumber Co., a
Colorado corporation, to Kurt Bresnitz and Lottie Bresnitz by the
Quit Claim Deed recorded May 22, 1974 in Book 287 at Page 425.
PARCEL B
Beginning at Corner No. 1 which is the Southeast corner of Lot D
in Block 88 of the City and Townsite of Aspen, and the Southwest
Corner of Lot E in said Block 88;
thence running along the South boundary of said Lot D in a Westerly
direction a distance of 24.00 feet to Corner No. 2;
thence running in a Northerly direction parallel to the West
boundary of said Lot D a distance of 20.00 feet to Corner No. 3;
thence running in an Easterly direction parallel to the South
boundary of said Lots D and E a distance of 41.00 feet to Corner
No. 4;
thence running in a Southerly direction parallel to the East
boundary of said Lot E a distance of 20.00 feet to Corner No. 5;
thence running in a Westerly direction along the South boundary of
said Lot E a distance of 17.00 feet to Corner No. 1, the place of
beginning.
PARCEL C
The South twenty (20.00) feet of the East thirteen (13.00) feet of
Lot E, Block 88, City and Townsite of Aspen.
PARCEL D
The South twenty (20.00) feet of the East 24.5 feet of Lot D, Block
88, City and Townsite of Aspen.
CITY AND TOWNSITE OF ASPEN,
COUNTY OF PITKIN,
STATE OF COLORADO
3
j ORDINANCE NO. 12
(SERIES OF 1990)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING SUBDIVISION
E7EMPTION FOR THE CONDOMINIUMIZATION OF TWO RESIDENTIAL UNITS IN
THE COLLINS BLOCK AND IAT LINE ADJUSTMEkT,.AND GMQS EXEMPTION FOR
TWO AFFORDABLE HOUSING UNITS
WHEREAS, pursuant to Section 7 -1007 of the Aspen Land Use
Code, a Condominiumization is a Subdivision Exemption by the
City Council; and
WHEREAS, pursuant to Section 7 -1003 A(a) of the Aspen Land
Use Code, a Lot Line Adjustment is a Subdivision Exemption by the
City Council; and
WHEREAS pursuant to Section 8 -104 C.1(c) of the Aspen Land
Use Code, affordable housing shall be exempt from GMQS by the
City Council; and
WHEREAS, Catherine McMahon, Garfield and Hecht, P.C. and Joe
Wells, Doremus and Wells, both representing Harley Baldwin have
submitted an application for Condominiumization of 2 three -
bedroom free market residential units, GMQS Exemption for 2 two -
bedroom deed restricted to moderate income residential units, and
a Lot Line Adjustment between the Collins
the Sabbatini Building, for the Collins
South Mill Lots A, B, and C, Block 88,
feet of Lots D and E Block 88, Aspen; and
WHEREAS, the Engineering Department,
Sanitation District, having reviewed the
referral comments; and
Block, Lane Parcel and
Block located at 204
Aspen and the south 20
and Aspen Consolidated
application have made
WHEREAS,
the
Housing
Authority, having reviewed the
application has
made
referral
comments; and
WHEREAS, the Planning Office, having reviewed the
J application pursuant to Sections 7 -1007 and 8 -104 and referral
comments, recommends approval with the following conditions:
1. Prior to filing the final plat for condominumization, the
applicant shall pay an affordable housing impact fee for 2 two - /��
bedroom units, indexed to the current guidelines at the time of
i
payment, to the Finance Director for receipt to the Housing
Authority.
2. Prior to the issuance of a building permit for the two free
market bedrooms and the two affordable units, deed restrictions
shall be filed for approval and review with the housing
Authority. One of the units shall be deed restricted to moderate
income and one unit shall be deed restricted to low income
4 guidelines.
J 3. Prior to the issuance of a Certificate of Occupancy for the 2
free market bedrooms and 578 square feet of new commercial space,
a certificate of occupancy for the 2 two - bedroom affordable units
shall be issued.
4. Prior to filing the final plat for condominumization for the
two free market units, a Certificate of Occupancy shall be issued
for the two affordable units on the Lane Parcel.
5. Prior to filing a final plat for condominiumization and lot
line adjustment, the plats shall be reviewed and approved by the
Engineering and Planning Departments.
6. Prior to the issuance of a building permit for the Lane
Parcel the applicant shall prove to the Engineering Department
that the drywells are sufficient to accommodate all drainage on
site by providing calculations from a registered engineer.
All
drainage should be maintained on site and connected to the
City
storm sewer or dry wells.
.7. Prior to the issuance of a demolition permit for the
Lane
Parcel, a construction schedule shall be coordinated with
the
Engineering Department. To minimize the impacts of construction
in the alley.
8. The applicant shall agree to join an improvements district
if
one is ever formed.
9. The applicant shall provide separate service line connections
for each of the proposed condominiums.
10. The trash service area shall comprise 310 square feet
and
shall comply with the code provisions except the height will
be 7
feet instead of 10 feet and the area will enable a double loading
of the trash bins as approved by the Commission.
il. The applicant shall work with the adjacent property owner to
secure an efficient service delivery and trash access
area
through the Lane Parcel servicing the Collins Block and
the
redevelopment on the adjacent parcels, Lots D,E,and F.
WHEREAS, the Aspen City Council having considered
the
Planning Office's recommendations for Condominiumization,
GMQS
Exemption for Affordable Housing, and Lot Line Adjustment,
does
wish to grant approval the requested Subdivision Exemptions
and
GMQS Exemption for the Collins Block.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE
CITY OF ASPEN, COLORADO:
l Section 1•
That is does hereby grant a Subdivision Exemption for
condominiumization and lot line adjustment, and GMQS Exemption
with the previously mentioned conditions recommended by the
Planning Office, to the Collins Block, 204 South Mill, Aspen.
Section 2•
That the City Clerk be and hereby is directed, upon the
adoption of this ordinance, to record a copy of this ordinance in
the office of the Pitkin County Clerk and Recorder.
Section 3•
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
T � provision and such holding shall not affect the validity of the
remaining portions thereof.
Section 4-
Nothing in this ordinance shall be construed to affect any
right, duty or liability under any ordinance in effect prior to
the effective date of this ordinance, and the same shall be
continued and concluded under such prior ordinances.
Section 5•
A public hearing on the Ordinance shall be held on the
day of %/ . 1990 at 5:OO P.M. in the City Council Chambers,
Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which
hearing a public notice of the same shall be published one in a
newspaper of general circulation within the City of Aspen.
4
1 INTRODUCED, READ AND ORDERED PUBLISHED as provided by law,
by the City Council of the City of Aspen on the o2(0 day of
1990.
William L. Stirling, Mayor
ATTEST}
Kathryn2 Koch, City Clerk
FINALLY, adopted, passed and approved this �� day of
� 1990.
William L. Stirling, Mayor
�A3'TEST :'
Kat_hryr^ Koch, City Clerk
cc. coati ins
5
#33M&-'03/22/9i 14:47 Rec $15.00 BK 642 FC-, 324
Silvia Davis, Pitk:in Cnty Clerk, Doc $-00
Recorded at o'clock .M.
Reception No. Recorder
RECORDING REQUESTED BY:
WHEN RECORDED RETURN TO: r
t
Catherine H. McMahon
Garfield & Hecht, P.C.
601 East Hyman Avenue
Aspen, Co. 81611_
STATEMENT OF SUBDIVISION EXEMPTION
FOR
COLLINS BLOCK
WHEREAS, HARLEY BALDWIN ( "Applicant ") is the owner of a parcel
of real property in the City of Aspen, Pitkin County, Colorado,
described as follows:
See Exhibit " A " attached hereto
and
WHEREAS, Applicant has requested a subdivision exemption for
condominiumization of two three - bedroom free market residential
units on the subject property and lot line adjustment; and
WHEREAS, the City Council determined at its regular meeting
held on March 26, 1990, that such exemption was appropriate and
granted the same, subject, however, to certain conditions as set
forth below.
NOW, THEREFORE, the City Council of Aspen, Colorado, does
hereby determine that the application for subdivision exemption for
condominiumization and lot line adjustment of the above - described
property is proper and hereby grants an exemption from the full
subdivision process for such condominiumization and lot line
adjustment.
PROVIDED, HOWEVER, that the foregoing exemption is expressly
conditioned upon (1) The Applicant's recording with the Pitkin
County Clerk & Recorder contemporaneously herewith, that certain
"Declaration of Covenants, Restrictions and Conditions for Collins
Block" dated March 1-*� , 1991 attached hereto, and (2) The
Applicant's strict compliance with the restrictions contained
therein and all representations set forth in
#331224 0"' 2/91 14:47 Rec s15.0t) F'G 330
Silvia Da s, Pitkin Cnty Clerk, Doc $ -00
the Development Application submitted and the binding conditions of
approval on this matter set by the Planning and Zoning Commission
and the City Council, for itself, its successors and assigns.
DATED this � day of March, 1991.
William L. Stirling, Ma or
APPROVED:
Edward M. Caswall, City Attorney
I, Kathryn S. Koch, do certify that the foregoing Statement of
Subdivision Exemption for condominiumization of two three - bedroom
free market residential units in the Collins Block and lot line
adjustment was considered and approved by the Aspen City Council at
its regular meeting held March 26, 1991, at which time the Mayor
was authorized to execute the same on behalf of the City of Aspen.
Kathryn W Koch, City Clerk
chm \cp \coHnblk.smt
-2-
#331229 03/22/91. 14 ^47 Rec $15,00 j 642 PG 331
Silvia Cvis, Pit.k:in Cnty Cl.erk:, L )$.00
EXHIBIT A
PARCEL A
The
North 80.5
feet of
Lots A, B and C and the North 0.5
feet of
the
South 20.00
feet of
the West 5.59 feet of Lot D, Block
88, City
and
Townsite of
Aspen,
EXCEPT that portion of said Lot C conveyed by Tinnie Mercantile
Company, a New Mexico corporation, and High Country Lumber Co., a
Colorado corporation, to Kurt Bresnitz and Lottie Bresnitz by the
Quit Claim Deed recorded May 22, 1974 in Book 287 at Page 425.
PARCEL B
Beginning at Corner No. 1 which is the Southeast corner of Lot D
in Block 88 of the City and Townsite of Aspen, and the Southwest
Corner of Lot E in said Block 88;
thence running along the South boundary of said Lot D in a Westerly
direction a distance of 24.00 feet to Corner No. 2;
thence running in a Northerly direction parallel to the West
boundary of said Lot D a distance of 20.00 feet to Corner No. 3;
thence running in an Easterly direction parallel to the South
boundary of said Lots D and E a distance of 41.00 feet to Corner
No. 4;
thence running in a Southerly direction parallel to the East
boundary of said Lot E a distance of 20.00 feet to Corner No. 5;
thence running in a Westerly direction along the South boundary of
said Lot E a distance of 17.00 feet to Corner No. 1, the place of
beginning.
PARCEL C:
The South twenty (20.00) feet of the East thirteen (13.00) feet of
Lot E, Block 88, City and Townsite of Aspen.
PARCEL D
The South twenty (20.00) feet of the East 24.5 feet of Lot D, Block
88, City and Townsite of Aspen.
CITY AND TOWNSITE OF ASPEN,
COUNTY OF PITKI:N,
STATE OF COLORADO
PZM3.6.90
They are also requesting that the 2 free market units for
condominiumization and then a conditional use by P &Z as required
to make these 2 units a short term rental situation first and
deed restricting them for 6 months.
There also is going to be special review to increase the floor
area beyond 1.5 which is what is allowed but because we are
adding affordable housing they are seeking special review to
increase the floor area up to 1.77.
They are also asking for a reduction in the trash service area
which will now be located (showed on map) and a special review
for parking reduction. They intend to have special review for
parking reduction for affordable units and dedicate the 2 parking
spaces that will be included in the development of the land
parcel with the new commercial infill.
Residential units and historic landmark are not required to
provide parking.
Staff recommends approval of the proposal. Our City Council
passed the ordinance and the idea of condominiumization and the
lot line adjustment at first reading but they really didn't
discuss it. Staff recommends approval of the enlarging.
Approval of conditional use for the short term rentals and
approval of the reduction of the parking. However, the staff did
not recommend reduction in the trash in the service area.
We are recommending that 1 of the units be deed restricted to
moderate and 1 be restricted to income. In the code where it
enables them to go above 1.5 and gets this extra floor area it
,says that they only have to deed restrict the units to moderate
income but this is going to 1.33 to 1.5 and they have to mitigate
employee housing for that portion. Therefore we are recommending
deed restricting 1 unit to low income.
Jasmine: I don't understand how this affects the employee
housing mitigation for the commercial area of the project. If
you are going to increase the commercial area there should be an
increase of the employee generation.
Leslie: To go from 1.33 to 1.5, they are generating 1.69. When
you are eligible and you ask to increase your floor area and you
go beyond 1.5 the requirement is that 40% of that extra floor
area be dedicated to employee housing and you are not required by
code to mitigate then that additional 40 %. They are applying to
provide 2 2- bedroom affordable units which really mumble_
Welton: Does the applicant have any problems with the conditions
that were outlined by the Planning Office.
17
WRAP -UP SUMMARY FOR THE COLLINS BLACK GMQS EXEMPTION, SPECIAL
REVIEW, LOT LINE ADJUSTMENT, CONDITIONAL USE
At their March 26, 1990 meeting, the City Council adopted
Ordinance 12 Series of 1990 approving the Lot Line Adjustment,
Condominiumization, and GMQS Exemption with the following
conditions:
1. Prior to filing the final plat for condominumization, the
applicant shall pay an affordable housing impact fee for 2 two -
bedroom units, indexed to the current guidelines at the time of
payment, to the Finance Director for receipt to the Housing
Authority.
2. Prior to the issuance of a building permit for the two free
market bedrooms and the two affordable units, deed restrictions
shall be filed for approval and review with the housing
Authority. One of the units shall be deed restricted to moderate
income and one unit shall be deed restricted to low income
guidelines.
3. Prior to the issuance of a Certificate of Occupancy for the 2
free market bedrooms and 578 square feet of new commercial space,
a certificate of occupancy for the 2 two - bedroom affordable units
shall be issued.
4. Prior to filing the final plat for condominumization for the
two free market units, a Certificate of Occupancy shall be issued
for the two affordable units on the Lane Parcel.
5. Prior to filing a final plat for condominiumization and lot
line adjustment, the plats shall be reviewed and approved by the
Engineering and Planning Departments.
6. Prior to the issuance of a building permit for the Lane
Parcel the applicant shall prove to the Engineering Department
that the drywells are sufficient to accommodate all drainage on
site by providing calculations from a registered engineer. All
drainage should be maintained on site and connected to the City
storm sewer or dry wells.
7. Prior to the issuance of a demolition permit for the Lane
Parcel, a construction schedule shall be coordinated with the
Engineering Department. To minimize the impacts of construction
in the alley.
8. The applicant shall agree to join an improvements district if
one is ever formed.
9. The applicant shall provide separate service line connections
for each of the proposed condominiums.
10. The trash service area shall comprise 310 square feet and
shall comply with the code provisions except the height will be 7
feet instead of 10 feet and the area will enable a double loading
of the trash bins as approved by the Commission.
11. The applicant shall work with the adjacent property owner to
secure an efficient service delivery and trash access area
through the Lane Parcel servicing the Collins Block and the
redevelopment on the adjacent parcels, Lots D,E,and F.
`a
T ID1 . (1) I f 1i
TO: Mayor and Council
FROM: Amy Margerum and L2slie Lamont, Planning
THRU: Bill Efting, Acting City Manager
RE: Collins Block Subdivision Exemption for Lot Line
Adjustment and Condominiumization, and GMQS Exemption
for Affordable Housing / Second Reading of Ordinance 12
DATE: March 26, 1990
SUMMARY: The applicant seeks a lot line adjustment to join the
Lane Parcel, a small alley parcel with a one and one -half story
storage building, to the Collins Block. The applicant intends to
construct two affordable housing units on the Lane Parcel. When
affordable housing is constructed on -site, an external floor area
bonus is available subject to special review.
For this proposal, Council will review the lot line adjustment,
GMQS Exemption for the two affordable units, and the
condominiumization of two free market units in the Collins Block
building.
The Planning and Zoning Commission, at their March 6 meeting,
approved the: Special review for an increase in the external
FAR, GMQS Exemption for an enlargement of an Historic Landmark,
and conditional use to short -term the two free market residential
units in an Historic Landmark. The Commission denied the
reduction in trash /utility service area.
This is the second reading of ordinance 12.
Staff recommends approval, with conditions, of the lot line
adjustment and condominiumization of the two free market units
with a housing impact fee equal to 2 two - bedroom unit, and GMQS
Exemption for two affordable units.
COUNCIL GOALS: This proposal utilizes incentives found in the
Code to accomplish goal #1: . to ensure that an adequate amount
of affordable housing is available.
BACKGROUND: The Historic Preservation Committee granted Final
Development Plan approval to the Collins Block project last fall.
Pursuant to Section 8 -104 A.1.(b)(3), the Planning Director
approved a GMQS exemption for an enlargement of an Historic
Landmark.
As you are aware, the project has already begun an extensive
remodel. The timing of the various approvals for this project
are such that the applicant could begin and complete a portion of
the building during the winter. To complete the project, the
applicant now submits this application. Please see attached HPC
referral comments.
PROBLEM DISCUSSION: The applicant proposes to adjust a portion
of the lot line to make the Lane Parcel contiguous to the Collins
Block. The lot line adjustment will also clean up the property
line between the Collins Block and Sabbatini buildings. Please
see attached site plan outlining the adjustments.
The standards for a lot line adjustment as outlined in the Code
Section 7 -1003 A.I. are addressed in the attachment to this memo.
Pursuant to Section 5 -210, the external floor area ratio of 1.5:1
may be increased to 2:1 by Special Review. To increase the
external floor area ratio, 60% of the additional floor area must
dedicated for restricted affordable housing. The applicants
propose to construct, on the Lane Parcel, 2 two - bedroom 754
square foot units. The units will be deed restricted to moderate
and low income Housing Authority guidelines. The units shall be
retained as rental units and the applicant requests a right of
first refusal to place eligible employees of the project in the
rental units. Please see attached referral from the Housing
Authority.
The applicants also propose to condominumize the free market
units in the Collins Block. Waiving the housing impact fee is
possible if affordable housing has been provided pursuant to
Section 8 -106 (E) (5) the affordable housing guidelines for a GMP
application. The provision of affordable housing is not required
for development of this project. The two units on the Lane
Parcel will enable the bonus floor area increasing the external
floor area from 1.5:1 to 2.0:1, a housing impact fee is
applicable for condominiumization. Please see attached standards
of review for condominiumization.
HISTORIC PRESERVATION COMMITTEE VOTE: unanimous FOR
KEY ISSUES: Materials and fenestration.
PLANNING AND ZONING COMMISSION VOTE: 5 FOR 1 AGAINST
KEY ISSUES: The Commission asked the Planning Department to
research how the restaurant in the basement could get a building
permit without direct service access onto the alley as included
in the definition section of the Code. There is a service
entrance near the alley. The applicant intends to work with the
adjacent property owner to develop an effective alley service
area for both properties.
Staff, on a different track, is considering the issuance of a
Certificate of Occupancy (CO) for the Club, but not for the
operation of tt restaurant
issue (alley access for a re
be issued for the restaurant.
in the Club. Until this
is resolved a CO will not
RECOMMENDATION: Staff recommends approval of the application
with the following conditions:
1. Prior to filing the final plat for condominumization, the
applicant shall pay an affordable housing impact fee for 2 two -
bedroom units, indexed to the current guidelines at the time of
payment, to the Finance Director for receipt to the Housing
Authority.
c
C
n
l
N
r
2. Prior to the issuance of a building permit for the two free
market units and the two affordable units, deed restrictions
shall be filed for approval and review with the hous�i_ng—
Authority. � hall be deed restricted to moderate n�ci come u
guidelines.
® Prior to the issuance of a Certificate of Occupancy for the 2
free market bedrooms; a for the 2 two- bedroom
eU
affordable units shall be issue .
4. Prior to filing the final plat for condominumization for the c / oc
two market units a certificate of occupancy shall be issued for )n �`,,-C``J`(,�
the 2 two- bedroom affordable units on the Lane Parcel.
5. Prior to filing a final plat, the plat shall be reviewed and
approved by the Engineering and Planning Departments.
6. Prior to the issuance of a building permit for the Lane
parcel the applicant shall prove to the Engineering Deparmtnet
that the drywells are sufficient to accommodate all drainage on
site by providing calculations from a registered engineer. All
drainage should be maintained on site and connected to the City
storm sewer or dry wells.
7. Prior to the issuance of a demolition permit for the Lane
Parcel, a construction schedule shall be coordinated with the
Engineering Department. To minimize the impacts of construction
in the alley.
8. The applicant shall agree to join an improvements district,
if one is ever formed.
A 4' ' pedestal easement all be i dicated o -_the plat
a 'ace nt o t he alXe Th E ineeri art nt�howev
rese W es the ht/ toatthe eas e t o p the adjacent
parcel (Lot F) if at parcel is redev Loped.
10. The applicant shall provide separate service line
connections for each of the proposed condominiums.
3
11. The trash service area shall comprise 310 square feet and
shall comply with the code provisions except the height will be 7
feet instead of 10 feet and the area will enable a double loading
of the trash bins as approved by the Commission.
ALTERNATIVES: 1. Council may waive the condominiumization
housing impact fee because the applicant is constructing two
affordable units on -site. 2. The lot line adjustment is denied,
thus the applicant cannot increase the external floor area and
two affordable units are not added to the City's inventory.
PROPOSE MOTION: I move to approve GMQS Exemption, and
Subdivision Exemption for a Lot Line Adjustment and
Condominumization with conditions as outlined above.
I move to approve Ordinance 12. I move to adopt Ordinance 12 on
second reading.
I CITY MANAGER COMMENTS:
ATTACHMENTS:
A. Referral Comments
B. Site Plan
C. Lot Line Adjustment Review and Condominiumization Review
D. Ordinance 12
L1 V �-� ��9 � 1 Ls-s Q C,19-✓w� �p C �-a_SC�, �fiL'v�- ��
C(7-Y fi6vc �s
P LAIci
4
ATTACHMENT B - SITE PLAN
Ld
€ � n
_ u
in p
r, \ I r o
d = :z
q -Z
of -•
d0 D1`
C'
J
;pap
S O'I2
c
T K
I
o
a r1 U
Q 0 F z
4
y
W y N
N D m
02C
f
d
L
r
r
2'82
y�
C
°,0
r�
W
'
2
J
W
a
J
r
h
L
F1
r
r
.tu
J1
aaina
V) 0
�^
0
� 11
I
3.,b9 CS 0 71 'N �
I
C'
J
ATTACHMENT C - Lot Line Adjustment Review and Condominiumization
Review
1. Lot Line Adjustment - Section 7 -1003 A. 1. of the Code
exempts a lot line adjustment from full subdivision with the
following review criteria:
A. It is demonstrated that the request is to correct an
engineering or survey error in a recorded plat or is to
permit an insubstantial boundary change between adjacent
parcels.
RESPONSE: According to the application: the two boundary changes
requested are insubstantial in nature and are to bring actual
boundary lines as established by existing structures into
conformance with the title lines between the adjacent parcels.
The boundary lines are being moved only .5' from the title line
because the existing building already occupies the additional .5'
of the adjacent property.
This adjustment will join the Lane Parcel to the Collins Block
thus adding 1100 square feet to the parcel.
B. Both landowners whose lot lines are being adjusted provided
written consent to the application.
RESPONSE: Both landowners have agreed to this proposal. Please
see attached affidavit.
C. It is demonstrated that the request is to address specific
hardship.
RESPONSE: The applicant explains that in order to more
efficiently provide utility service to the Collins Block, it is
necessary to join the two parcels. Connecting such services will
bring them from the utility boxes located in the alley south of
the Sabbatini Building and the Lane Parcel north across the Lane
Parcel into the back of the Collins Block building.
By joining the two parcels the applicant creates the ability to
provide affordable housing on -site thus becoming eligible for a
floor area bonus increasing the external floor area ratio from
1.5:1 to 2.0:1. Although the review for enlarging a Historic
Landmark is at P &Z, staff does not believe that negative impacts
will occur as a result of the increased floor area. In fact, the
bonus has been provided in the Code as an incentive for on -site
affordable housing.
D. The corrected plat will meet the standards of this division,
and conform to the requirements of this chapter, including
the dimensional requirements of the Zone District in which
the lots are located, except in cases of an existing
nonconforming lot, in which the adjustment shall not
increase the non - conformity of the lot.
RESPONSE: Before filing the final plat the applicants shall
submit the plat for review and approval by the Planning and
Engineering Departments. The lot line adjustment does not create
nor increase a nonconformity of the lot.
E. It is demonstrated that the lot line adjustment will not
affect the development rights or permitted density of the
affected lots by providing the opportunity to create a new
lot for resale or development.
RESPONSE: The lot line adjustment does not create a new lot for
development or resale. It establishes the record title lines as
those established by the existing structures.
Connecting the vacant strip between the Lane Parcel and the
Collins Block enables the Collins Block to increase the external
FAR through a bonus and two affordable housing units on the Lane
Parcel. As discussed in C., affordable on -site housing, is
desired development and the enlargement of the Historic structure
will be reviewed by the P &Z. The Council will have a chance to
review the Commission's decision, as second reading of Ordinance
will occur after the P &Z meeting.
2. Condominumization - Pursuant to Section 7 -1007 A., the
conversion of existing develop is exempt from full subdivision
with the following review criteria:
A. Purchase rights of existing tenants.
RESPONSE: The two units are presently under construction, there
are no existing tenants.
B. Minimum lease required.
RESPONSE: Pursuant to 7 -1007 A.1.(b)(2), residential units in
Historical Landmarks in the CC zone may be leased without
restriction via conditional use P &Z approval. Note: Council will
have an opportunity at second reading of the Ordinance to review
P &Z's approval.
C. Affordable Housing Impact Fee.
RESPONSE: The applicant suggests that the impact fee be waived
because two affordable units are being constructed on the Lane
Parcel. Staff believes that the affordable units should be
viewed as the ability for the applicant to receive a FAR bonus.
The units are not required as mitigation. Therefore staff
recommends that an impact fee for the 2 three - bedroom
condominiums ($8050 for three bedroom or larger) be paid at the
time of filing the final plat.
D. Building Inspection.
RESPONSE: A final inspection will occur as a requirement of a
Certificate of Occupancy.
JOSEPH WELLS, RICP
130 Midland Park Place. 4F -2
Rspen, Colorado 81611
303 -- 925 -3080
March 7, 1990
Ms. Leslie Lamont
RSPEN /PITKIN COUNTY PLRNNING DEPRRTMEMT
130 South Galena Street
Rspen, Colorado 81611
Dear Leslie.
During our prior discussions regarding the Collins Block
project, all concerned overlooked certain limitations
incorporated in the restaurant definition in Rrticle 3 which
would have required revisions to our layout had we been aware
of these requirements.
The relevant portion of the definition is:
a restaurant shall be required to have service delivery
accesss from an alley or other qff street service de.11VE&Y
area. If the restaurant is located off ground level, it shall
Kali use of an elevator or dumb waiter for service access..
From my perspective, I never thought to look for limitations
in a restaurant definition (we all know what a restaurant is
don't we?).. 1 would expect to find any such limitations
incorporated directly into the use provisions for the
relevant zone district (Sec.5 _510(B) in this case), so that
it would be clear that restaurants are permitted uses only,
under certain conditions.
Rs you know, I have been relying on Sec.5- 510(d)(6) to
suggest that because the Collins Block parcel itself does not
abut the alley the parcel does not technically have a trash/
utility service. area /requirement. We have always intended to
provide an area adequate for our needs, however.
Having said that, it seems to me that we are now in a
position to resolve this concern. The situation as I see it
is:
1) We now have approval for a trash/utility service area off
the alley which will meet the square footage requirement
for the entire building, even though our present
application involves only an expansion of 3600 square feet
net leaseable. There is additional storage in the Lane
Parcel Building adjacent to the service area.
2) In order to meet exiting requirements, a corridor will be
added at the south end of the Collins Block Building
opening onto the sidewalk at the southwest corner of the
building.
If we are unable to resolve a direct access between the
Lane Parcel and Collins Block with adjoining property
owners, this corridor will be used to service the
restaurant.
The off -alley storage area and this ac:c.essway into the
building complies with the above definition, which
recognizes that direct access off of the alley may not
always be possible.
3) The corridor described above provides access to the
elevator being constructed in the infill structure. The
elevator serves only the restaurant level and is intended
to meet handicapped access requirements.
Because very little use of the elevator by the public is
expected it will available for use by employees of the
restaurant to transport boxes from the storage room off
the alley. The vast majority of this service function will
occur during off-peak hours for the restaurant in any
case.
Hs you know, Harley intends to continue to negotiate with the
adjoining property owners to secure a direct access between
the two parcels. In the meantime, however, we believe the
alternative service access: described above is in compliance
with the requirements found in the restaurant definition.
Please give me a call at 925 --5080 if you need additional
information.
00
Wells, HICP
JWlws
To: Aspen Planning and Zoning Commission
FROM: Leslie Lamont
RE: Collins Block GMQS Exemption for Enlargement of
Historic Landmark, Conditional Use for Short Term
Rentals, and Special Reviews for Increase in Floor
Area, and Reductions in Utility /Trash Service Area and
Parking for Affordable Housing
DATE: March 6, 1990
SUMMARY: The applicants are proposing to construct two
affordable housing units, expand the net leasable in the
renovated Collins Block building and condominiumize two free
market units.
The proposal requires P &Z review for the enlargement of an
Historic Landmark, Conditional Use for short term rentals in an
Historic Landmark, Special Reviews for an increase in floor area,
and reductions in utility /trash service area and parking for
affordable housing.
Staff recommends approval, with conditions, of the GMQS
Exemption, Conditional Use, and Special Reviews for the decrease
in parking and increase in floor area. Staff does not recommend
approval of the reduction in the trash and utility service area.
APPLICANT: Harley Baldwin, represented by Joe Wells
LOCATION: 204 South Mill, Lots A, B, C, and the south 20 feet of
Lots D and E, Block 88
ZONING: Commercial Core
APPLICANT'S REQUEST:
A) GMQS Exemption for
B) Special review for
C) Special review for
D) Special review for
E) Conditional Use ap
The applicant's request is five -fold:
enlarging an Historic Landmark
an increase in floor area
reduction in utility /trash service area
parking reduction for affordable housing
?roval for short term residential rental
PROJECT HISTORY: Roxanne Eflin
for the P &Z. Her memo outlines
project up to this point.
has prepared referral comments
the history of review for this
There are many reviews necessary for this proposal. At Council's
February 26 meeting, they reviewed condominiumization, GMQS
exemption for affordable housing, and lot line adjustment.
The Council moved to approve, on first reading, Ordinance
PROJECT DESCRIPTION: The applicant intends to provide 2 two -
bedroom affordable housing units on -site. The provision of deed
restricted housing on -site enables an increase in external floor
area from 1.5:1 to 2.0:1. The existing building has a FAR of
1.3:1. This proposal represents an increase from 1.3:1 to
1.77:1. Sixty percent of the floor area above 1.5:1 must be
dedicated to affordable housing. An increase in FAR, above the
maximum allowable, is a Special Review. Special review is also
necessary for reduction in utility /trash service area and a
reduction of parking for affordable housing.
To provide affordable housing on -site, the applicant has
purchased the Lane Parcel. The Parcel is approximately 1,100
square feet and is located diagonally behind the Collins Block on
the alley. Through a lot line adjustment the Lane Parcel will be
joined to the Collins Block. Development of the site will
include 2 two - bedroom affordable units (1,508 sq. ft.), two
parking spaces, storage and trash area, totalling 3,504 square
feet.
Using the floor area bonus, the commercial and free market
residential square footage of the Collins Block will be expanded
by 2,141 square feet. A GMQS Exemption is required to enlarge an
Historic Landmark.
Pursuant to condominiumization of the free market units in the
Collins Block, the applicant also wishes to short term rent those
units. This requires conditional use review.
REFERRAL COMMENTS: Please see attached referral comments.
f- l VA Q1 WK60) 41w 1 DI ZV &F
A. GMQS Exemption for Enlargement of An Historic Landmark -
Pursuant to Section 8 -104 B.l(c) of the Code, the enlargement of
an Historic Landmark intended to be used as a commercial or
office development which increases the building's existing floor
area ratio and its net leasable square footage or develops more
than one residential dwelling... requires a GMQS Exemption from
the Commission.
According to this Section in the Code, the sliding scale formula,
which was developed in Ordinance 16 (Series of 1989), is intended
to provide an incentive for Historic property owners not to
increase the size of the building to the maximum allowable floor
area. Essentially, the mitigation required is reduced relative
to the amount of floor area below the maximum allowable. When an
increase in FAR reaches the maximum allowable, 100% mitigation is
required.
In the case of the Collins Block, the proposal will increase the
floor area to the maximum allowable (1.5:1). With the provision
2
of affordable housing on -site, the applicant seeks to increase
the external FAR from 1.5:1 to 1.77:1. The bonus floor area must
provide 60$ affordable housing. The bonus floor area (above
1.5:1) is excluded from mitigation requirements.
Section 8 -104 also specifies that affordable housing shall be
deed restricted to moderate income price and occupancy
guidelines. The Housing Authority recommends restriction to low
income guidelines for two reasons: a. the applicant would like
the right of first refusal to house employees of the Collins
Block businesses. Those businesses, except for the Caribou Club,
are intended to be retail in nature, which generally pays minimum
wage. Usually minimum wage earners are u "ble to meet the
moderate price guidelines; b. Mitigation is required for 1.69
employees (the generation figure for an increase in FAR from
1.3:1 to 1.5:1), pursuant to Section 8 -104. The provision of
deed restricted units on -site, provides housing for 4.5
employees. However, a floor area bonus is gained and no specific
category is specified in the Code for this type of employee
housing. It is, therefore, appropriate for the Housing Authority
to specify the income guidelines for at least one unit.
Staff recommends restricting one unit to moderate income
guidelines as set forth by Section 8 -104, and low income
guidelines for the second unit as recommended by the Housing
Authority.
B. Special Review - Floor Area Increase
Pursuant to Section 5 -210 D(11) the external floor area ratio may
be increased from 1.5:1 to 2.0:1 through Special Review when 60%
of the additional floor area is deed restricted residential
units.
Special Review for Dimensional Requirements set out the following
conditions:
a. The mass, height, density, configuration, amount of open
space, landscaping and setbacks of the proposed development are
designed in a manner which is compatible with or enhances the
character of surrounding land uses and is consistent with the
purposes of the underlying Zone District.
RESPONSE: Any additional mass, height and density is a result of
the new affordable housing proposed for the Lane Parcel. This
proposal has been reviewed and approved conceptually by the HPC.
Because the parcel is located within the Historic District
(although not landmarked), the HPC reviews architectural
compatibility with the surrounding land uses.
There are no setback requirements in the CC district.
b. The applicant demonstrates that the proposed development will
1
not have adverse impacts on surrounding uses or will mitigate
those impacts, including but not limited to the effects of
shading, excess traffic, availability of parking in the
neighborhood or blocking of a designated viewplane.
RESPONSE: The development of the Lane Parcel will include two
off - street parking spaces and a trash /utility service area. The
development totals 3,504 square feet. Additional square footage
of 2,100 square feet will be added to the Collins Block, of which
615 is floor area above the 1.5:1 maximum allowable.
The two parking spaces proposed for the Lane Parcel comply with
the Code's required 2 spaces /1000 square feet of net leasable in
the CC Zone. The applicant seeks special review for a reduction
in parking for affordable housing and is reviewed below.
The Lane Parcel will not project into the Hotel Jerome Viewplane
and will not shade public property.
C. For the reduction of required open space in the Commercial
Core (CC) zone district only, the applicant demonstrates that he
provision of less than the required amount of open space on -site
will be more consistent with the character of surrounding land
uses than would be the provision of open space according to the
standard.
RESPONSE: No reduction in open space is proposed. The expansion
of the free market residential space is within the Collins Block
building. The expansion of commercial space is within the infill
building. With the addition of the Lane Parcel, there is an
adequate amount of open space to satisfy the 25% requirement.
The applicant appeared before the Board of Adjustment, receiving
a favorable ruling on the issue of the open space dimensional
definition.
C. Special Review - Reduction in Utility /Trash Service Area
Pursuant to Section 7 -404 C. the following are criteria for
review:
a. There is a demonstration that given the nature of the
potential uses of the building and its total square footage, the
utility /trash service area proposed to be provided will be
adequate.
RESPONSE: The applicant suggests that the utility and trash area
are to service the expansion in net leasable which is 3,650 sq.
ft. However the total amount of net leasable, for both parcels,
is 19,649 sq. ft. which includes 1,508 sq. ft. of affordable
housing. The amount required for the trash service area is 310
sq. ft. and the applicant proposes 200 sq. ft.
The Engineering Department strongly recommends no reduction in
the trash service area. The Collins Block building presently
4
�t
stores all of its trash dumpsters in the alley right -of -way. In
the opinion of the Engineering and Environmental Health
Departments this is the most impacted alley in the CC zone
district regarding debris. There are at least four restaurants
abutting the alley, not including the proposed Caribou Club, in
the historic buildings without enough container capacity for the
amount of refuse generated.
The applicants have interpreted the trash service requirement of
the Code to mean: if there is no alley frontage then the project
"technically did not have a trash service area requirement."
However, with the lot line adjustment of the Lane Parcel, the
Collins parcel gains alley frontage. Therefore, the project can
provide a service area abutting the alley.
The applicant also proposes to reduce the dimensions of the
service area. Instead of the required minimum depth from the
alley of 10 feet and a minimum vertical clearance of 10 feet, the
proposed area is 9 feet deep and the utility area is 5 feet deep.
Vertical clearance for both areas is 7 feet. Since BFI rolls the
bins out to the trucks, excess head clearance is not required.
Increasing the clearance of the service area would impact the
overall height of the project.
The trash service area will accommodate 5 containers, which the
applicant maintains is enough to service the project. However
staff strongly recommends that the service area not be reduced
and the required depth for the trash area be maintained.
b. Access to the utility /trash service area is adequate.
RESPONSE: Access to the area is directly off the alley.
C. Measures are provided for enclosing trash bins and making
them easily movable by trash personnel.
RESPONSE: The applicant has discussed the service area with BFI
personnel. To enclose the trash area is not desirable as it
creates an additional step in accessing the bins. To prevent ice
buildup, the storage area will be elevated and protected from
rain and snow.
d. when appropriate, provisions for trash compaction are
provided by the proposed development and measures are taken to
encourage trash compaction by other development on the block.
RESPONSE: The applicants would be willing to participate in a
district -wide system if and when all the building owners agree to
participate. The Planning Office strongly recommends that the
applicant develop an alley improvement district to address these
issues. Fifty -one percent of the property owners of the block
must agree to form an improvements district. However the
�.J
V
applicant should begin polling land owners to determine if there
is sufficient interest. If there is not enough interest, the
applicant shall agree to join an improvement district in the
event one is formed in the future.
e. The area for public utility placement and maintenance is
adequate and safe for the placement of utilities.
RESPONSE: According to the application: meters are to be
located at the southwest corner of the Lane Parcel for easy
access. Power panels will be located in a room immediately off
of the carport. The Engineering Department reminds the applicant
that the meter must be on the property and cannot protrude into
the alley right -of -way.
f. Adequate provision are incorporated to ensure the
construction of the access area.
RESPONSE: Construction of the service area will be a condition
of approval.
D. Special Review - Parking Reduction for Affordable Housing
Pursuant to Section 5 -301, off - street parking requirements shall
be established by Special Review.
RESPONSE: The applicant intends to make available the two
parking spaces on the Lane Parcel for retailers in the Collins
Block which complies with the parking requirement in the CC zone
for the expanded commercial space. Residential units in an
Historic Landmark are not required to provide parking therefore
the condominiums in the Collins Block do not require parking.
The Lane Parcel, however, is not Landmarked therefore a special
review for parking has been requested for the affordable units.
Staff strongly recommends that the parking for the affordable
units be exempt. A payment -in -lieu is also discouraged. The
proximity of housing to potential job sites is truly an auto
disincentive, especially if employees of the Collins Block are
housed on the Lane Parcel.
E. Conditional Use Request to Permit Short-Term Rental of
Residential Units in an Historic Landmark
Section 5 -210 C. requires a conditional use review for
residential dwelling units which are located above street level
commercial uses in historic landmarks and which are not
restricted to six month minimum leases.
The applicant proposes to rent, short term, the two residential
units within the Collins Block building. Condominumization of
these two units will be reviewed by Council at their March 26
meeting.
C
P � .
a r
Section 7 -304 outlines the review criteria for a conditional use
review as follows:
A. The conditional use is consistent with the purposes, goals,
objectives and standards of the Aspen Area Comprehensive
Plan, and with the intent of the Zone District in which it
is proposed to be located.
RESPONSE: According to the 1973 Aspen Area Land Use Plan, the
site is located in the Central Area. The purpose of the Central
Area is "to allow the primary use of land for tourist commercial
activity that is essential to the community's economic vitality
in an area that relates well to the proposed public
transportation system, the ski area and existing tourist - oriented
businesses." And the purpose of the CC zone district is "to
allow the use of land for retail and service commercial.... Hotel
and principal long term residential uses may be appropriate as
conditional uses...
The Collins Block /Lane Parcel has utilized the preservation
incentives allowing below grade net leasable to be exempt from
impact mitigation, second floor residential and parking
requirement for these units. This project has been reviewed and
encouraged by the HPC as an appropriate mix of uses for this
site.
B. The conditional use is consistent and compatible with the
character of the immediate vicinity of the parcel proposed
for development and surrounding land uses, or enhances the
mixture of complimentary uses and activities in the
immediate vicinity of the parcel proposed for development.
RESPONSE: There is another Landmark building, the Brand, that
includes short term rental. The rest of the land uses in the
surrounding area are commercial in nature. The negative impacts
of short term rentals should not be disruptive to the surrounding
land uses.
C. The location, size, design and operating characteristics of
the proposed conditional use minimizes adverse effects,
including visual impacts, impacts on pedestrian and
vehicular circulation, parking, trash, service delivery,
noise, vibrations and odor on surrounding properties.
RESPONSE: The two units are located within the Collins Block
building thus minimizing the visual impacts. The HPC denied the
applicant's request to add a third floor to the building to
accommodate the free market units.
There is no parking requirement for residential units in Historic
Landmarks. Trash (as recommended) and service delivery are
provided within the project. The management of the short term
7
units will most likely be handled by the existing management of
the Brand Building.
D. There are adequate public facilities and services to serve
the conditional use including but not limited to roads,
potable water, sewer, solid waste, parks, police, fire
protection, emergency medical services, hospital and medical
services, drainage systems, and schools.
RESPONSE: Approval of short term rentals is unlikely to have a
greater impact on public facilities and services, but staff finds
that this development should comply with trash area requirements.
E. The applicant commits to supply affordable housing to meet
the incremental need for increased employees generated by
the conditional use.
RESPONSE: The applicant is supplying affordable housing for 4.5
employees. Affordable housing on -site enables the applicant to
increase the external FAR a portion of which is being used for
the two free market units in the Collins Block.
F. The proposed conditional use complies with all additional
standards imposed on it by the Aspen Area Comprehensive Plan
and by all other applicable requirements of this chapter.
RESPONSE: The conditional use complies with all the other
requirements of the Code.
Summary of Staff Issues:
1. One of the units should be deed restricted to moderate - income
guidelines as is defined in Section 8 -104. The other affordable
unit should be deed restricted to low- income guidelines as
recommended by the Housing Authority.
2. The trash service area should not be reduced as the alley is
very problematic and a reduction would only exacerbate the refuse
problem. However, a reduction in the required height to 7 feet
is suitable.
RECOMMENDATION: Staff recommends approval of a GMQS Exemption
for enlarging an Historic Landmark, special review for a
reduction in parking and an increase in floor area, and
conditional use for short term rental units with the following
recommendations:
1. A change order on the original building permit for the 2
additional free market bedrooms shall be issued simultaneously
with a building permit for the two deed restricted units.
2. Prior to the issuance of a change order for the original
D
building permit for the 2 additional free market bedrooms and the
building permit for the two affordable units, an approved and
recorded copy of deed restrictions shall be received by the
Housing Authority. The units shall be deed restricted to
moderate income and low income guidelines. Monthly rents will be
indexed to net livable floor are as approved by the Housing
Authority.
3. The applicant shall be given right of first refusal to place
employees of project in units.
4. All proposed tenants will be qualified by the Housing
Authority prior to occupancy of the employee units.
5. Prior to the issuance of the Certificate of Occupancy for the
additional net leasable, a Certificate of occupancy for the
affordable units shall be issued.
6. Prior to the issuance of a building permit for the Lane
Parcel, the applicant shall prove to the Engineering Department
that the drywells are sufficient to accommodate all drainage on
site by providing calculations from a registered engineer. All
drainage should be maintained on -site and connected to the City
storm sewer or dry wells.
7. Prior to the issuance of a demolition permit for the Lane
Parcel, a construction schedule shall be coordinated with the
Engineering Department. To minimize the impacts of construction
in the alley.
8. The applicant shall agree to join an improvements district,
if one is ever formed.
E
i`
TO: City Engineer
Housing Director
Aspen Water Department
Aspen Consolidated Sanitation District
Fire Marshal
FROM: Leslie Lamont, Planning Office
RE: Collins Block GMQS Exemption, Conditional Use, Special
Review, Condominiumization, Lot Line Adjustment & GMQS
Exemption for Affordable Housing
Parcel ID# 2737- 073 -39 -001 & 004
DATE: January 30, 1990
Attached for your review and comments is an application from
Harley Baldwin represented by Joe Wells requesting various
approvals for the Collins Block.
Please review this material and return your comments to me no
later than February 12, 1990. Thank you.
f
T9+- -- City Engineer
Housing Director
Aspen Water Department
Aspen Consolidated Sanitation District
Fire Marshal
75 F-ROYr^ Leslie Lamont, Planning Office
RE: Collins Block GMQS Exemption, Conditional Use, Special
Review, Condominiumization, Lot Line Adjustment & GMQS
Exemption for Affordable Housing
Parcel ID# 2737 - 073 -39 -001 & 004
DATE: January 30, 1990
Attached for your review and comments is an application from
Harley Baldwin represented by Joe Wells requesting various
approvals for the Collins Block.
Please review this material and return your comments to me no
later than February 12, 1990. Thank you.
f
Aspen consolidated Sanitation District
565 North Mill Street
Aspen, Colorado 81611
Tele. (303) 925 -3601 Tele. (303) 925 -2537
February 12, 1990
Leslie Lamont
Planning Office
130 S. Galena St.
Aspen, CO 81611
Re: Collins Block GMQS Exemption
Dear Leslie:
At the present time the Aspen Consolidated Sanitation District
has sufficient line and treatment capacity to serve this project.
With respect to the application my primary concern is that the
applicant provide separate service line connections for each of
the proposed condominiums. Our regulations require separate
service lines.
Any excavation associated with the project must ensure that
adjacent District collection lines are protected. Any existing
surface water run -off connections to our system, such as roof
drains, must be eliminated by connection to the City storm sewer
or dry well. Our regulations also require the installation of a
grease interceptor for all remodeled or new restaurants or food
handling establishments.
Please call if you have any questions.
Sincerely,
Bruce Matherly
District Manager
cc: Joseph Wells, Doremus & Wells, 608 E. Hyman, Aspen, CO 81611
MEMORANDUM
To: Leslie Lamont, Planning Office
From: Elyse Elliott, Engineering Department
Date: February 13, 1990
Re: Collins Block - GMQS Exemption, Conditional Use, Special
Review, Condominiumization, Lot Line Adjustment & GMQS Exemption
for Affordable Housing
------------------------------------------------------------
-----------------------------------------------------------
After reviewing the above application, the Engineering Department
has the following comments:
1. Parking - the applicant is providing 2 parking spaces.
According to the Code, 2 spaces /1000 sq. ft. of net leasable area
are required. The Lane parcel is 578 sq. ft. and providing 2
parking spaces will fulfill the requirement for the Lane parcel
only, it will not address the parking requirements for the
Hardware Building. According to the application, this project
will have a total of 19,649 sq.ft. of net leasable area. If it
is determined that the applicant should also provide parking for
the Hardware Building, a cash -in -lieu payment would be
appropriate. Will the parking spaces be available for the
housing tenants, or the shoppers?
2. Drainage no runoff from the buildings should go onto any
public right -of -ways. All drainage should be maintained on site.
The applicant will have to prove to the Engineering Department
that the drywells are sufficient to accommodate all drainage on
site by providing calculations from a registered engineer.
3. Plat - the applicant must provide a plat that meets the
requirements of the Engineering Department.
4. Alley - we would like the applicant to re -pave the adjacent
alley.
5. Trash /Utility area - the Engineering Department does not
support a reduction of the trash /utility area. According to
section 209 (D) (6), for a net leasable area of 19,649 sq.ft.,
the applicant should provide a trash /utility area that is 31' x
10 or a total of 310 sq. ft. The applicant's proposal of an
area that is only 200 sq: ft. is totally unacceptable. The
Hardware building presently stores all of its trash dumpsters in
the alley right -of -way. There are so many dumpsters in that
alley that it is very cluttered and hard to clean.
The meters for this should all be on the applicant's property and
none can protrude into the alley right -of -way.
r .�
6. Construction Schedule - this should be coordinated with the
Engineering Department. The applicant must make arrangements
with all the businesses in the alley to minimize the impacts of
construction. We would prefer if the construction did not cause
the alley to be closed.
7. Improvement district - the applicant must agree to join any
future improvement districts.
8. Easement - we would like to have a 4' x 4' pedestal easement
adjacent to the alley.
cc: Chuck Roth
collins
r
MHMORANDUK
TO:
Leslie
Lamont,
Planning
FROM:
Yvonne
Blocker,
Housing
RE: Collins Block GMQS Exemption, Conditional Use, Special
Review, Condominiumization, Lot Line Adjustment & GMQS
Exemption for Affordable Housing
DATE: February 19, 1990
sip. asaeee== a-= ansiww��a�a��. erennn�=== s== ssyssozsx.eesa......... c=
SUMNARYI Applicant requests Conceptual Development Plan Approval
by the Historic Preservation Committee for a now structure to be
built on the Lane Parcel, located on the south 20 feet of Lots D
and E, Block 88, Aspen Townsite (referred to as the Lane Parcel)
as well as a GMQS exemption for the affordable housing on the Lane
Parcel and for an enlargement to the Collins Block and the adjacent
infill building, located on the north 80 feet of Lots A, B, and C,
Block 88 Townsite. Additional reviews include conditional use,
special review, condominiumi2ation and a lot line adjustment
request.
APPLICANTS Harley Baldwin Associates, 205 South Galena Street,
Aspen, Colorado 81611
LOCATION: 204 South Mill Street, Aspen, Colorado 81611
North 80 feet of Lots A, B, C, and South 20 foot of Lots D and E,
Block 88, Aspen Townsite.
SONING1 cc
APPLICANT'S REQUEST: Applicant requests GMQS exemption for
affordable housing as per Section 8- 104(C)(1)(c) of the Aspen City
Code.
Applicant proposes to construct on the Lane Parcel two (2) two -
bedroom loft units of 754 s.f. each to be deed restricted to the
moderate income guidelines, as permitted for historic landmarks.
The units will be retained as rental units and the Applicant
requests a right of first refusal to place eligible employees of
the project in the rental units.
HOUBINa REQUIREMENTS: Section 8 -104 (C)(1)(c) requires that all
housing be deed restricted in accordance with the housing,
guidelines of the City Council and its housing designee.
The review of any request for exemption of housing pursuant to this
section shall include a determination of the city's need for such
housing, considering the proposed development's compliance with an
adopted housing plan, the number of dwelling units proposed and
their location, and type of dwelling units proposed, specifically
regarding the number of bedrooms in each unit, the size of the
dwelling unit, the rental /sale mix of the proposed development, and
the proposed price categories to which the dwelling units are to
be deed restricted.
The number of dwelling units proposed for this project are as
follows:
Free market sale units of two (2) three bedroom units = six
bedrooms
Employee housing rental units of two (2) two bedroom lofts = four
bedrooms
Applicant has requested that the two (2) two bedroom rental units
be restricted to moderate income price, income, and occupancy
guidelines.
Considering the housing needs of the community and the request for
right of first refusal to the retail employees of the building,
the Housing Authority recommends restriction of the two (2) two-
guidelines.
bedroom units to the low income, price, and occupancy_
The two (2) two bedroom loft units of 754 square feet fall into the
low income square footage range of 650 -850 square feet for a two
bedroom unit as established by the APCHA guidelines.
STAFF RECOMMENDATIONt The Housing Authority recommends approval
of the construction of two (2) two bedroom loft employee dwelling
units for the Collins Block GMQS Exemption with the following
conditions:
1. The two (2) two bedroom loft units be deed tricted to
the low income price, income, and occupancy guidelines.
2. An approved and recorded copy of deed restriction for
the two employee units be received by the Housing Authority prior
to issuance of any building permits.
3. Allowable monthly rents will be indexed to net livable
floor area as approved by the Housing Authority.
4. Applicant will be given right of first refusal to place
employees of project in units. However employment can not be tied
to housing in the employee units.
5. All proposed tenants will be qualified by the Housing
Authority prior to occupancy of the employee units.
6. A minimum of six (6) consecutive month lease be provided
to the Housing Authority within ten (10) days of execution with
tenant.
ATTACHMENT A
To:
From:
Re:
Date:
Leslie Lamont, Planning Office
Roxanne Eflin, Historic Preservation Planner
Collins Block and
Referral comments
February 20, 1990
Lane Parcel, 204 S. Mill St.,
HPC review and approval background: Over one year ago, applicant
Harley Baldwin began meeting with the Planning Office and the
HPC, to receive approval for the development of the parcel
commonly known as the Collins Block. This National Register
designated landmark housed Aspen Hardware on the ground level,
and vacant dwelling units on the second floor. The fenced -in lot
behind the historic structure, fronting on Hopkins Street, served
primarily as storage for hardware store supplies.
The applicant wished to restore the facade of the Collins Block,
lease the ground floor retail space to new tenants, build an
additional third floor to the building for free market
residential units, and construct a commercial infill structure in
the vacant lot. The HPC denied the third floor addition,
however, successfully negotiated with the applicant to allow a
small second floor "loft" within the two free market units.
The project was phased (I, II, and III) , to allow ease in HPC
review, and the ability for the applicant to proceed with
excavation and foundation permits. Phase I consisted of the
facade restoration/ renovation; Phase II consisted of the second
floor loft /rooftop development; Phase III consisted of the
commercial infill building. Final Development approval for the
last phase was granted in May, 1989.
During construction, a number of urgent meetings were held both
on and off -site with staff, the HPC and crew managers. The most
significant issue the HPC had to address in emergency fashion was
the removal and restoration of the entire east wall, reported to
be unstable and dangerous. This was necessary to allow
excavation and interior development work to proceed. The
restoration of the east wall was successful, using the stored,
original bricks.
Mitigation: Due to its landmark status, only the increase in net
leasable /FAR (second floor loft) must be mitigated. The
development of the Lane Parcel addresses this by providing two,
2- bedroom affordable units. Historic landmarks are exempt from
GMQS competition, however, they are not exempt from all impact
mitigation. The percentage of total buildout above grade
dictates the level of housing mitigation (Ordinance 16, Series of
1989). All below grade net leasable is exempt from impact
mitigation in historic landmarks, an incentive developed
principally to offset incompatible above -grade expansion of a
historic resource.
The Lane Parcel: The HPC granted conceptual development approval
(with conditions) on February 14, 1990 for the "Lane Parcel"
structure. This two -story alley- oriented residential building
includes two 2- bedroom, deed restricted units with covered
parking (two spaces). This parcel, now immediately adjacent to
the Collins Block parcel, is not designated historic, therefore,
no benefits or HPC variations are allowed, particularly parking.
A parking reduction of two spaces is being sought by the
applicant, which may only be granted upon Special Review.
Conclusion: The HPC and staff feel the Collins Block project has
been positive to the preservation of the Commercial Core Historic
District. The nearly 100 -year old structure was in a badly
deteriorated condition, and needed immediate and significant
restorative help. we feel that the restoration of the facade,
once complete, is a tremendous effort and a gift to the
community. Staff and the HPC worked very hard and closely with
the applicant to insure a good preservation project, true to its
original character, while allowing innovative design methods to
be incorporated to serve modern needs.
Aspen Consolidated Sanitation District
565 North Mill Street
Aspen, Colorado 81611
Tele. (303) 925 -3601
Narcln 13. 1990
Tele. (303) 925 -2537
Haricv Baldwin
205 S. Galena
Aspen. Co. 81611 MAR 419j1
RE: Collins Block GMOS Exemption
Dear Harley.
We have noticed that in the newspapers you intend to open the
Caribou Club on the 24th of this month. At the present time we
have not received any response to our regulation requirements
that were addressed in Mr. Bruce Matherly's letter of 2- 12 -90.
We have to review the plans for service connections. surface and
roof drains, which are required to go to a dry well, and the
grease interceptor for the restaurant prior to the installation
of these facilities as well as the proposed acceptance of this
project by our Board of Directors in their regular meeting in
April. I have enclosed Mr. Matherly's letter for your review.
in addition we also require that the plans are reviewed to
determine the tap and connection fees that must be paid prior to
your scheduled opening. I have also included your letter of 8 -28-
89 where we allowed you to tap your service onto our system with
the above understanding.
Until these conditions are met we cannot recommend to the
building department to issue a C.O. Please contact us at your
earliest convenience so these problems do not interfere with your
opening.
Sinoe ely., /
Thomas R. Biracewell
Collection Systems Superintendent
cc Lesli Lamont
Gary Lymon
Joseph Wells
w�
Aspen Consolidated Sanitation (District
565 North Mill Street
Aspen, Colorado 81611
Tele. (303) 925 -3601 Tele. (303) 925 -2537
3 -16 -00 Ml? 1
Harlev Baldwin
: 7, c „plena.
Aspen, Co. 81611
RE: Collins Block
Dear Harley,
Thank you for having Todd with Dryer drop by the plans for your project.
The grease interceptor is acceptable. We will have to inspect the interior
C
plumbing before the interceptor is put on line. It appears that the roof
drains and the surface runoff has been pbunbed to the dry
well, which is in
accordance with our regulations. I have figured your fees to be $24,421.44
based on the plumbing fixtures, square footage, and number of bedroms,
baths, and kitchens. Please send us a check as soon as convenient before
your anticipated opening so that we will not interfere with your opening
date.
Since I'm not the worlds best at reading plans, there is a real good chance
that I have made a fevv mistakes. The fees we have calculated should be
close enough for the present, but please let me know if there are any glaring
differences. At yulr convenience, would you have your representative call us
for a final walk through before the building is occupied. We can then adjust
the tap fees accordingly and inspect the grease interceptor.
Thank you for your co- operation.
Sincere ,r,
"Thomas R. Bracewell
Collection Systems Superintendent
cc L--sh Lamont
Gary D, mon
Rod Dyer
APPLICATION FOR HPC CONCEPTUAL DEVELOPMENT
PLAN REVIEW OF SIGNIFICANT DEVELOPMENT,
GMOS EXEMPTION FOR AN HISTORIC LANDMARK,
CONDITIONAL USE AND SPECIAL REVIEW BY
THE PLANNING AND ZONING COMMISSION AND
LOT LINE ADJUSTMENT REVIEW BY CITY COUNCIL
January 8, 1990
I
McMUS &weLLs
an association of iana planners
January 8, 1990
Ms. Roxanne Eflin
Aspen /Pitkin County Planning Office
130 South Galena Street
Aspen, Colorado 81611
Re: Collins Block and Lane Parcel Expansion
Dear Roxanne:
This application for H.P.C. Conceptual Development Plan Review of
Significant Development, for GMQS Exemption For Enlargement Of An
Historic Landmark, Conditional Use And Special Review By The
Planning And Zoning Commission, G MOS FxPmption For Afforda
Housing, and._Lok_i: .. ne Ad ustn -ent Review By City Council is f led
on behalf of Harley Baldwin Associates.
H.P.C. granted Final Development Plan approval to the Collins
Block project last fall. The applicant then qualified for an
exemption from GMQS by the Planning Director for an enlarqement
of an Historic Landmark by not increasing the building's existing
floor area ratio. The project presently under construction is in
compliance with those approvals.
Because of the time required to process the reviews requested
under this new application, this approach was necessary in order
to complete only a portion of the project during the winter
season. The applicant is now ready to proceed with the
additional required reviews.
We look forward to discussing the proposal with the City in the
near future. If you need additional information please give me a
call at 925 -8080.
Sincerely,
Jo�Wells, AI CP
JW /b
608 east hyman avenue c aspen, colorado 81611 ^ telephone 303925 -6866
0
CONSULTANTS
Architects:
Rod Dyer
Dyer & Associates, Architects
415 East Hyman Avenue, No. 205
Aspen, Colorado 81611
(303) 925 -7149
Design Consultant
Wayne Poulson, Architect
The Brand
205 South Galena Street
Aspen, Colorado 81611
(303) 925 -8466
Attorney
Andrew Hecht, Esq.
Garfield & Hecht
601 East Hyman Avenue
Aspen, Colorado 81611
(303) 925 -1936
Land Planner
r
Joseph Wells, AICP
130 Midland Park Place, No. F -2
Aspen, Colorado 81611
(303) 925 -8080
TABLE OF CONTENTS
Page
I. Introduction 1
CITY COUNCIL REVIEW
Vi. Condominiumization Of Residential Units 30
(57- 1007(A))
VII. Lot Line Adjustment Review (57- 1003(A)(1)) 32
VIII. GMQS Exemption For Affordable Housing 34
(S8- 104(C)(1)(c)
HPC REVIEW
II.
Conceptual Development Plan Application
3
For Significat Development (V - 601(F))
PLANNING & ZONING COMMISSION REVIEW
III.
GMQS Exemption For Enlargement Of An
10
Historic Landmark (58- 104(B)(1)(c))
IV.
Conditional Use Request To Permit Short-
18
Term Rental of Residential Units In An
Historic Landmark (Article 7, Division 3)
V.
Special Review (Article 7, Division 4)
23
A. For Floor Area in Excess of 1.5:1 FAR
23
B. For Reduction in Utility /Trash
25
Service Area
CITY COUNCIL REVIEW
Vi. Condominiumization Of Residential Units 30
(57- 1007(A))
VII. Lot Line Adjustment Review (57- 1003(A)(1)) 32
VIII. GMQS Exemption For Affordable Housing 34
(S8- 104(C)(1)(c)
Y
I. INTRODUCTION
This application, filed on behalf of Harley Baldwin Associates,
requests Conceptual Development Plan approval by the Historic
Preservation Committee for a new structure to be built on the
Lane Parcel, located on the south 20 feet of Lots D and E, Block
88, Aspen Townsite (referred to as the Lane Parcel) as well as a
GMQS exemption for affordable housing on the Lane Parcel and for
an enlargement to the Collins Block and the adjacent infill
building, located on the north 80 feet of Lots A, B and C, Block
88, Aspen Townsite. Additional reviews include conditional use,
special review, condominiumization and a lot line adjustment
request.
The Collins Block was constructed in 1892. It has served as a
rooming house and a commercial building, housing from time to
time a mortuary, a hardware store, and other retail establish-
ments. The building is a designated Landmark structure with a
rating of "Excellent" and is listed on the National Register of
Historic Places.
The origins of the simple one -story structure on the Lane Parcel
are unknown, but in recent years the building has been used for
storage.
1
P
Development on the two parcels presently'
ft. on the 8,321 sq.ft. site; rieV-:•.` „_•,
feet.
The project as proposed in this submission results in a rmv�
e" 1=i'a `lr"fiR - squa-re foct8ae bf 3.'196 square fee E; io 14;`752
_'"`sue re`Peet. Net leasable✓ =mace i's .- increased =by 3,649 square
feet, including 1,508 square feet of
affordable housing.
The applicant seeks approval to allow completion of a second -
floor loft addition internal to the existing Collins Block
structure and enclosing of the Vemaining ground / floor roof area
as additional shop space in the infill building/ These additions
a i- t> equ3re`r' -arig fort - her exterior modifications of the
building on Lots A, B and C, other than the addition of" shop
storefronts identical in appearance to those previously approved.
Because the time required to process the reviews included in this
application would have precluded completion of any modifications
to the building in time for tenant occupancy during this winter
season, the applicant previously sought and received all
necessary approvals for the project presently under construction
on the Collins Block site.
E
A
II. CONCEPTUAL DEVELOPMENT PLAN APPLICATION FOR SIGNIFICANT
DEVELOPMENT (57- 601(F))
The Applicant requests Conceptual Development Plan approval by
the Historic Preservation Committee to construct a new structure
on the Lane Parcel, as illustrated on the attached architectural
drawings. H.P.C. has previously granted Final Development Plan
approval to the project presently under construction on the
Collins Block site.
The project includes and residential expansion and afford-
able housing. A total of 14,752 FAR sq.ft. is proposed in the
project. As approved previously, the Collins Block project
includes 10,297 sq.ft.: the existing building on the Lane Parcel
includes an additional 659 sq.ft. Therefore, the project
represents an expansion of 3 sq.ft. of FAR, including
sq.ft. of affordable housing.
The site is within the Commercial Core zone district. The
maximum FAR allowed is 1.5:1, or up to 2.0:1 by Special Review
when 608 of the additional space is affordable housing. The
FAR proposed on the two sites is 1.77:1; the on -site affordable
housing represents 66.48 of the square footage over 1.5:1 FAR.
3
A. SUBMISSION CONTENTS: (57- 601[F][3][a])
1. General Application Requirements (56 -202)
(a) Application Form is attached as Exhibit "l ".
(b) Applicant's Letter of Consent is attached as
Exhibit "2 ".
(c) The street address of the project is 204 South
Mill Street. The legal description of the site is the north 80
feet of Lots A, B and C, the south 20 feet of the east 25 feet of
Lot D and the south 20 feet of Lot E, Block 88, Townsite of
Aspen.
(d) Disclosure of ownership is attached as Exhibit "3"
(e) The Vicinity Map, included as Exhibit "4 ", locates
the subject parcels.
(f) As required for Public Notice ( §6- 205[e]), a list of all.
owners of property within 300 feet prepared by Pitkin
County Title is attached as Exhibit "5 ".
(g) Compliance with Substantive Review Standards:
Specific Conceptual Development Plan review stan-
dards are addressed beginning on page 6.
2. Sketch Plan of the Proposal
The attached Improvement Survey and architectural drawings illus-
trate existing conditions and proposed improvements.
4
3. Conceptual Selection of Major Building Materials
The alley facade of the Lane Parcel building will be brick,
selected to match the size, color and appearance of those used on
the Collins Block. Arched double -hung painted wood windows will
also be used to mintain consistency of appearance with the
Collins Block.
The other three facades of the building adjoin private property
which is subject to probable redevelpment in the future.
Building code requirements prohibit windows in these facades,
although the applicant is prepared to install additional window
openings which would then be removed once expansion occurs on
these parcels, if this can be permitted by the City.
For similar reasons, the applicant proposes to use a concrete
masonry unit for these facades, with a pattern of banding
incorporated into the construction for added interest, as
illustrated in the architectural drawings.
HPC has previously reviewed and approved all aspects of the
redevelopment proposal for the Collins Block site, including the
detailing of the storefronts to be utilized in completion of the
infill building.
5
4. S tatement of Effect of Proposed Development Upon
Neighborhood
The Lane Parcel is an unusual one in that it is one of the very
few parcels in the commercial core which has no street frontage
and which abuts other private property on three sides where no
setbacks are required under present zoning.
Architectural opportunities are therefore limited; a decision has
been made to detail the building as simply as possible and to
keep the height of the structure well below the height limit of
the zone district as well as that of the two important historic
structures on the block.
The uses proposed for the building are highly desireable in the
neighborhood. The need for affordable housing in the community
is well- documented and provision of a covered trash service area
and parking for the project accessed from the alley addresses a
need which could otherwise not be met.
B. CONCEPTUAL DEVELOPMENT PLAN REVIEW STANDARDS:
The proposal complies with HPC's review standards, as follows:
l
1. Com patibility
"The proposed development is compatible in character 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, or
exceed the allowed floor area, HPC shall find that such variation
is more compatible in character with the historic landmark than
would be development in accord with dimensional requirements."
The design of the proposed Lane parcel affordable housing project
is intended to provide an architecturally quiet backdrop to the
existing Victorian structures located prominently on the block.
The building materials to be used for the alley frontage have
been chosen to provide continuity and compatibility with the
neighboring structures. The proposed building is sized in scale
and massing with other buildings in the commercial core; the
height of the building is approximately 12 feet under the 40 foot
height limit in the zone district.
The only variation from the standards of the CC Zone
district which requires HPC's review is with regard to off - street
parking. Under the provision of 58- 104(b)(1)(c), Enlargement of
an Historic Landmark parking shall be provided according to the
standards of Article 5, Division 2 and 3, if HPC determines that
it can be provided on the site's surface, and be consistent with
the review standards of Article 7, Division 6.
7
Surface parking has been limited to only two spaces. Because of
the limited alley frontage, provision of two spaces of off - street
parking is all that is possible and still include provisions for
a trash service area. We therefore request that HPC approve the
off - street parking proposal for the project by finding that
provision of additional surface parking would not be compatible
with the Commercial Core Historic District.
2. Neighborhood Character
"The proposed development reflects and is consistent with the
character of the neighborhood of the parcel proposed for
development."
The character of the commercial core neighbhorhood is pre-
dominantly one of two- and three -story flat- roofed masonry
structures in a mix of historic and contemporary styles.
The design of the structure to be built on the Lane Parcel anti-
cipates the ultimate expansion of the existing structure on the
neighboring property to the north, as permitted by present
zoning.
Because the Lane Parcel building is set back 80 feet from the
street and is screened in good degree by the existing structures
to the north, the proposed building will not impact greatly on
the character of the block, which is well - established by the two
historic structures built out to the streetfront.
9
J t .
3. C ultural Value
"The proposed development enchances or does not detract from the
cultural value of designated historic structures located on the
parcel proposed for development or adjacent parcels."
The proposed building reflects the mix of quiet newer structures
interpersed with the highly articulated historic structures in
the Commercial Core. It is inevitable that the building will
some day be screened entirely from view from the street once
redevelopment occurs to the north of the site.
4. Architectural Integrity of Historic Structures
"The proposed development enhances or does not diminish or
detract from the architectural integrity of a designated historic
structure or part thereof."
The Lane Parcel building is separated from the historic struc-
tures on the block by over 30 feet; the height of the building
has been limited to 27.5 feet -- four feet below the height of
the Collins Block and two feet below that of the Brand Building.
The simple detailing of the building is both dictated by building
code requirements and desirable to avoid detracting from the
larger, more predominant and more richly detailed historic
structures on the block.
W
III. GMQS EXEMPTION FOR ENLARGEMENT OF AN HISTORIC LANDMARK
This application requests approval by the Planning and Zoning
Commission of exemption from GMQS procedures for an enlargement
of an Historic Landmark under the provisions of 58- 104(B)(1)(c).
The Collins Block is located on the north 80 feet of Lots A, B
and C, Block 88, Aspen Townsite. The building presently includes
10,297 FAR square feet on a 7,200 sq.ft. site. /An additional 659
square foot building owned by the applicant is located on the
south 20 feet of Lots D and E (the Lane Parcel). /
The FAR floor area of the existing structures on the two parcels
is proposed to be increased from 10,956 sq.ft. to 14,752 sq.ft.
through the completion of the one -story infill structure to the
east of the existing building, construction of a partial third
level within the existing Collins Block building and reconstruc-
tion of the existing building on the Lane Parcel for affordable
housing, parking, trash service, storage and mechanical.
Affordable housing totalling 1,508 square feet is proposed in the
addition to the Lane Parcel. Freemarket commercial and
residential expansion is limited to 2,141 square feet.
Exemption from GMQS for an enlargement of an Historic Landmark
may be granted by the Commission under the provisions of
§8- 104(B)(1)(c), as amended. To be eligible for the exemption,
10
mitigation of the projects' impacts must be addressed. The areas
of concern include the following:
1. Affordable Housi
In order to address the affordable housing requirement for the
project, it is necessary to consider the proposed expansion in
two increments. The first is the expansion from the existing FAR
floor area on the two parcels of 10,956 sq.ft. to that allowed at
1.5:1 FAR, or 12,482 sq.ft. The second is the floor area
expansion above 1.5:1 FAR, which must be 608 affordable housing.
For an enlargement of a landmark at the maximum allowed under the
external FAR provisions (at 1.5:1 FAR), the applicant must
provide 1008 of the housing required to meet the threshold re-
quirement for the applicable use under GMQS provisions (98 -106).
Secondly, for the 2,270 sq.ft. proposed in excess of 1.5:1, 608
of the square footage in excess of 12,482 sq.ft., or 1,362 sq.ft.
must be restricted to affordable housing, as required under the
CC zone district dimensional requirements (55- 211(D)(11)).
To establish the affordable housing requirement for the increase
in FAR square footage from 10,956 square feet existing on the two
parcels to 12,482 square feet (@ 1.5:1 FAR), first the percentage
of the total expansion project which is devoted to commercial use
11
f .
A f
has been compared to that which is devoted to freemarket residen-
tial use:
Commercial FAR Increase: 5,810 - 5,232 = q.ft.
Residential FAR Increase: 5,924 - 4,361 = 1,5 s .ft.
Ignoring the affordable housing and non - leasable space to
establish a percentage comparison of commercial to
residential for the expansion:
578 sq.ft. of commercial (278)
1,563 sq.ft. of residential (738)
2,141 sq.ft.
and then applying these factors to the FAR expansion up to
1.5:1, the square footage associated with each use is as
follows:
Commercial: 278 x 1,526 = 412 sq.ft.
Residential: 738 x 1,526 = 1,114 sq.ft.
The housing obligation for the two uses would therefore be
as follows:
Commercial:
412 sq.ft. x 4.375 employees /1,000 sq.ft. = 1.80 employees
Minimum to be housed: 608 of 1.80 = 1.08 employees
(4.375 emps /1,000 sq.ft., is the median of the range of 3.5
to 5.0 emps /1,000 sq.ft. of net leasable commercial space)
Residential:
1,114 sq.ft. is 18.88 of the 5,924 sq.ft. proposed in the
two 3- bedroom units.
Freemarket population of 2 3 -BR @ 3.00 = 6.00 persons (658)
Minimum employees required to be housed = 3.23 persons (358)
Total population: 9.23 (1008)
18.88 of the minimum of 3.23 persons = .61 persons
Total to be housed for expansion up to
1.5:1 FAR: 1.69 employees
12
The provisions of §8- 104(B)(1)(c) do not include any additional
affordable housing requirement for freemarket space above 1.5:1
FAR other than the requirement that 608 of the additional FAR
square footage be restricted.
The two 2- bedroom moderate - income units of 750 sq.ft. each which
are proposed house (2.25 x 2 =) 4.5 employees. This is adequate
to address the generation of the freemarket commercial and
residential space above 1.5:1 FAR (if there were such a
requirement), in addition to the generation associated with the
expansion up to 1.5 :1 FAR.
it
Commercial FAR increase above 1.5:1 (578 - 412) = 166 sq.ft.
Residential FAR increase above 1:5:1 (1,563 - 1114= )�449�sq.ft.
If required, the housing obligation for the two uses would
therefore be as follows:
Commercial:
166 so.ft. x 4.375 employees /1,000 sa.ft. _ .73 employees
Minimum to be housed: 608 of .73 = .44 employees
Residential:
449 sq.ft. is 7.48 of the 5,924 sq.ft. proposed in the two
3- bedroom units.
Freemarket population of 2 3 -BR @ 3.00 = 6.00 persons (658)
Minimum employees required to be housed = 3.23 persons (358)
Total population: 9.23 (1008)
7.48 of the minimum of 3.23 persons = .24 persons
Total: .68 employees
The total generation of 2.4 emloyees is less than the 4.5
employees which can be housed in the two 2- bedroom units.
13
r -.
2. Parkin
The applicant is required to provide off - street parking if HPC
determines that surface parking can be provided consistent with
the review standards of Article 7 Division 6.
The off - street parking requirement for commercial space in the
CC -zone is 2 spaces /1,000 sq.ft. of net leasable. The require-
ment for th 5 8 q.ft. commercial expnsion is therefore 1.156
spaces. Ther is no off - street parking requirement for
residential uses in historic landmarks and the off - street parking
requirement for affordable housing is to be established by
Special Review. {
qO G(J
i
The Collins Block site is unusual in that the parcel has no alley
frontage. Two spaces are provided for the expansion on the Lane
Parcel. Because the project has limited alley frontage, this is
the maximum number of spaces which can be accommodated and still
provide for a utility and trash service area. In light of that
fact, HPC has been requested to confirm that off - street parking
in excess of the two spaces proposed cannot be accomplished on
the site in a manner which is compatible in character with the
Historic Landmark or with the Commercial Core Historic District.
14
3. Public Facilities and Services
The applicant must demonstrate the adequacy of utilities and
other public services to the site.
Water service for the expansion will continue to be provided by
the City of Aspen and sewage treatment is available from the
Aspen Consolidated Sanitation District. Solid waste disposal
will continue to be provided to the project by BFI; a trash
service area of 175 sq.ft. will be located on the Lane parcel for
the project. Site drainage will be engineered in compliance with
the City's regulations. The site is located on RFTA bus routes
and is 3 blocks from the Transit Center at Rubey Park. The
project is located across the street from the Aspen Fire District
station.
4. Compatibility of the Project's Site Design With
Surrounding Projects.
The expansion associated with the Historic Landmark has already
been judged compatible with surrounding projects as a result of
HPC's final approval of the Collins Block project. The proposed
residential expansion is entirely internal to the historic
structure and the commercial expansion requires only the addition
of storefronts in the rear portion of the infill structure.
15
The structure proposed for the Lane parcel must extend over the
entire parcel in order to maximize the amount of covered parking
and trash area as well as the affordable housing provided with
the project; this is permitted in the CC zone district.
The height of the building -- 27.5 feet -- is well below the
height limit of 40 feet in the zone district and is also below
that of the two major historic buildings on the block.
Open space for the project has also been judged compatible as a
result of HPC's prior approval. Just as there were no open areas
within the Collins Block parcel which complied with the open
space definition, there is also none on the Lane Parcel, as the
site is not open to view from the street.
The open space provided on the Collins Block parcel which com-
plies with the variance granted by the Board of Adjustment
exceeds that which was previously required for the Collins Block.
The excess open space provided is more than 258 of the size of
the Lane Parcel, and should therefore satisfy any open space
requirement associated with the Lane Parcel.
The total site coverage of the
square footage is 8,321 sq.ft.
include a restaurant, bar and gr
utility /trash service area of
provided off of the alley for the
16
project is 7,572 sq.ft.; site
The amenities provided on -site
Fund -floor commercial space. A
approximately 200 sq.ft. is
3,800 sq.ft. expansion.
•
y UI
C
y U ^
�U
N
r
v
3.1 =
UN� ►
U � W
H ri
W E
In NmM M 1*In H
V' ID M 10 O In v
N M In In r sY N ti
r
� zj
I I
. M 0,1
•-I In Lf 1n
co N N N ap co
M 1nr ( ID NM I
CO v1 .i 1 1n r o0
N
In V' m
N r 1n O
q 00 I I
N OD X1 N
%D 1n
N In ID N
H N
In V' m
N r 1n O
N r V1 I
U1 NN O
r1n
rorlo
r
H H
ko
%
11M1
MM1M
rN u, 01
H 00 N O
NNN
N d'00
")Mr I
d' OM I
CO N rl I
to r co
m cl;
H
O M 1 I
w N 1 I
01 N r 01
M m O M
%D N -W D
N In IO r-1
N N
O W N0 I
N kDN
H
I \D I I
%0%00
ON r N I
N N
II11
LnLn
%0 %0 1
i 1 i i i i i i
I 01 m
I � 1 I Ln tn 11
1 1 1 1 1 1 1 1
00 O co
Ln ~ -W I
1n In O
M N N
rOrr
� H O r
NO •PN
NIn %0N
H N
H 1D In O
O U1 sP O
N 01 N O
00 o r to
ID 1D I ID
M M I M
m co
OMM I
N M CO
N .-I
01 N r m
men O M
ID N V %D
N In W r
r-1 H
co
C. N O co N
UI W N Y m cn
so
.-� w
s
>vs 0 �s
.4 14 - N� Aga
U ^
co
�N1pp S y O y U is I u U U - m L yy yUy C pp �yy H e 1�j a w
a ODY mWfA U1 WZ W NN ¢l W to to_ZZW ZZ d
Ur a E
a� z 0
r
O V'O0
V' V'OW
rN u, 01
H 00 N O
O 0% H a
O V1 In C
N %ON V'
1n N C4 W)
Nr d' IO
N N
m cl;
cl; C
N H
co O
co 00 00
N N N
en en en
I I c
1n 1n I 1 (1
c c -0
.�
., H H
rr r
O W N0 I
N kDN
H
I \D I I
%0%00
ON r N I
N N
II11
LnLn
%0 %0 1
i 1 i i i i i i
I 01 m
I � 1 I Ln tn 11
1 1 1 1 1 1 1 1
00 O co
Ln ~ -W I
1n In O
M N N
rOrr
� H O r
NO •PN
NIn %0N
H N
H 1D In O
O U1 sP O
N 01 N O
00 o r to
ID 1D I ID
M M I M
m co
OMM I
N M CO
N .-I
01 N r m
men O M
ID N V %D
N In W r
r-1 H
co
C. N O co N
UI W N Y m cn
so
.-� w
s
>vs 0 �s
.4 14 - N� Aga
U ^
co
�N1pp S y O y U is I u U U - m L yy yUy C pp �yy H e 1�j a w
a ODY mWfA U1 WZ W NN ¢l W to to_ZZW ZZ d
Ur a E
a� z 0
IV. CONDITIONAL USE REQUEST TO PERMIT SHORT -TERM RENTAL OF
RESIDENTIAL UNITS IN AN HISTORIC LANDMARK
(Article 7, Division 3)
The applicant requests P &Z approval to permit short -term rental
of the two residential units in the landmark Collins Block
building.
Residential dwelling units located above street level commercial
uses in historic landmarks which are not restricted to six month
minimum leases are permitted as conditional uses in the
Commercial Core zone district, subject to the procedures of
Article 7, Division 3.
Conditional uses are those land uses which are generally compat-
ible with the other permitted uses in the zone district, but
which require individual review of their location, design,
configuration, intensity and density to ensure the appropriate-
ness of the land use.
The proposal complies with the applicable review standards of
Article 7, Division 3 as follows:
W
F °^
A. "The conditional use is consistent with the purposes, goals,
objectives and standards of the Aspen Area Comprehensive
Plan, and with the intent of the Zone District in which it
is proposed to be located."
The site is located within the Central Area in the 1973 Aspen
Area Land use Plan. The intent and purpose of this category is
"to allow the primary use of land for tourist commercial activity
that is essential to the community's economic vitality in an area
that relates well to the proposed public transportation system,
the ski area and existing tourist - oriented businesses."
The intent of the CC Zone District is "to allow the use of land
for retail and service commercial, recreation and institutional
purposes. Hotel and principal long term residential uses may be
appropriate as conditional uses, while (accessory ?) residential
uses are permitted or may be appropriate as conditional uses."
The proposed use is not specifically addressed in the intent of
either the land use plan, or zone district, nor is it addressed
in the historic preservation element, but does not appear to be
inconsistent with any of those documents.
B. "The conditional use is consistent and compatible with the
character of the immediate vicinity of the parcel proposed
for development and surrounding land uses, or enhances the
mixture of complimentary uses and activities in the
immediate vicinity of the parcel proposed for development."
19
The proposed use is consistent and compatible with the character
of the immediate vicinity, which includes ground floor commercial
uses as well as short -term residential units within the other
Landmark on the block.
C. "The location, size, design and operating characteristics of
the proposed conditional use minimizes adverse effects,
including visual impacts, impacts on pedestrian and
vehicular circulation, parking, trash, service delivery,
noise, vibrations and odor on surrounding properties.
The proposed conditional use is located entirely within the
existing landmark structure. The location, size and design of
the two units therefore minimizes visual impacts and impacts on
circulation. If the two units are ever rented on a short -term
basis, operation of the two units will very likely be handled by
the existing management organization within the Brand Building.
Parking, trash and service delivery are provided within the
project to the greatest extent practical, given the limited alley
frontage, in order to minimize noise, vibrations and odor on
neighboring properties.
C. "The location, size, design and operating characteristics of
the proposed conditional use minimizes adverse effects,
including visual impacts, impacts on pedestrian and
vehicular circulation, parking, trash, service delivery,
noise, vibrations and odor on surrounding properties.
20
There is no reason to suggest that impacts on certain public
facilities or services is greater, on average, as a result of
constant long -term occupancy than with periodic short -term use.
Overall, there is likely to be little difference in demand on the
public facilities identified with the conditional use proposed.
E. "The applicant commits to supply affordable housing to meet
the incremental need for increased employees generated by
the conditional use."
The applicant's affordable housing commitment, which exceeds that
required for the proposed expansion, is described beginning on
page 11.
F. "The proposed conditional use complies with all additional
standards imposed on it by the Aspen Area Comprehensive Plan
and by all other applicable requirements of this chapter."
The proposal complies with all other applicable requirements of
the Land Use Code, as noted elsewhere in this submission.
Application requirements for a conditional use include the
following:
A. The general application information required in Sec. 6 -202;
General application requirements have been addressed in Section
I, beginning on page 4.
21
B. A sketch plan of the site showing existing and proposed
features which are relevant to the review of the conditional
use application; and
The attached architectural drawings which describe the current
proposal are not pertinent to the consideration of the
conditional use request.
C. If the application involves development of a new structure
or expansion or exterior remodeling of an existing
structure, proposed elevations of the structure.
The conditional use proposal does not involve development of a
new structure or exterior remodeling of an existing structure.
22
V. SPECIAL REVIEW (Article 7, Division 4)
A. SPECIAL REVIEW FOR FLOOR AREA
Floor area in excess of 1.5:1 FAR up to 2.0:1 FAR may be approved
when the following conditions are met:
1. "The mass, height, density, configuration, amount of open
space, landscaping and setbacks of the proposed development
are designed in a manner which is compatible with or
enhances the character of surrounding land uses and is
consistent with the purposes of the underlying Zone
District."
Additional mass, height and density resulting from the project is
limited to the affordable housing project proposed for the Lane
Parcel. Open space provided with the project exceeds that
required, as discussed below. The landscaping concept for the
project, which is urban in character, has been established by the
prior approval.
There are no setback requirements in the Commercial Core and the
building of commercial projects out to the sidewalk is encouraged
under the Historic District guidelines, to maintain the historic
character of the commercial core.
23
2. "The applicant demonstrates that the proposed development
will not have adverse impacts on surrounding uses or will
mitigate those impacts, including but not limited to the
effects of shading, excess traffic, availability of parking
in the neighborhood or blocking of a designated viewplane."
The project results in the provision of two off - street parking
spaces, a trash service area and 2 two- bedroom affordable housing
units which would otherwise not be provided with the Collins
Block project. This will be accomplished through the City's
approval of only 2,100 square feet of additional net - leasable
commercial and residential space.
Even though construction on the Lane Parcel will temporarily
result in some additional shading of the underdeveloped parcel to
the north, it would be unreasonable to suggest that the adjacent
property will not be redeveloped in the future, since it is an
important private property in the heart of the Commercial Core
district. The project does not result in any additional shading
of public property and has no impact on the Hotel Jerome
viewplane.
3. "For the reduction of required open space in the Commercial
Core (CC) zone district only, the applicant demonstrates
that the provision of less than the required amount of open
space on -site will be more consistent with the character of
surrounding land uses than would be the provision of open
space according to the standard.
No reduction of required open space is proposed. First, the
expansion of residential space occurs within the Collins Block
24
i
Building. Secondly, the expansion of commercial space in the
area of the infill building is limited to an area which is
presently being covered with a roof under the prior approval and
therefore does not comply with the open space definition.
Finally, if a determination is made that there is an open space
requirement for the Lane Parcel (even though none of the site can
be defined as open space under the present definition), there is
an adequate amount of additional open space provided on the
Collins Block parcel to satisfy a requirement of 258 of the 1,121
sq.ft. Lane Parcel, or 280 sq.ft.
B. SPECIAL REVIEW FOR REDUCTION IN UTILITY /TRASH SERVICE AREA
Under the provisions of S5- 211(a)(6), a utility /trash service
area of 200 sq.ft. is required for up to 6,000 sq.ft. of net
leasable floor area; 10 sq.ft. additional area for each 1,200
sq.ft. of additional net leasable is required, unless reduced by
P &Z by Special Review, pursuant to Article 7, Division 4.
In order to qualify for Special Review approval for a reduction
in the service area, an applicant must demonstrate compliance
with the following criteria:
25
1. "Given the nature of the potential uses of the building and
its total square footage, the utility /trash service area
proposed to be provided will be adequate."
The applicant proposes to provide a 200 sq.ft. utility and trash
service area on the Lane Parcel to serve the project, which is an
expansion in net leasable of 3,650 sq.ft.
Because the Collins Block parcel has no alley frontage, the
previously approved project technically did not have a trash
service area requirement. It has been the applicant's intention,
however, to provide a trash service area on the Lane Parcel to
serve the needs of the project.
While the proposed trash service area's size of 200 sq.ft.
complies with the square footage requirement of the Code for an
expansion of up to 6,000 sq.ft., the dimensions of the area do
not meet the Code's requirement. The area is required to have a
minimum depth from the alley of 10 feet and a minimum vertical
clearance of 10 feet.
The trash area proposed is only 9 feet deep and the utility area
is 5 feet deep. Vertical clearance for both areas is 7 feet.
Experience now indicates that BFI personnel roll the 6.75 foot by
3.5 foot trash containers used in the Commercial Core into the
alley and attach the containers to the truck for emptying.
26
Therefore, vertical clearance in excess of head clearance is not
required and would unnecessarily impact on the overall height of
the project. The depth provided is adequate to accommodate the
dimensions of the bins.
The length of the trash service area is 19.5 feet. This would
accommodate a total of 5 containers, which is adequate to service
the project.
2. "Access to the utility /trash service area is adequate."
Access to both the utility and trash areas, which are separated
from each other, is directly off of the alley.
3. "Measures are provided for enclosing trash bins and making
them easily movable by trash personnel."
In discussing the design of the trash area with BFI personnel, it
is clear that enclosing the area is not desireable in terms of
ease of trash collection, as it creates an additional step in
accessing the bins.
It has been suggested that the design of the concrete pad to
minimize ice buildup is the most important consideration in
improving the ease of operation of the trash area. The trash
storage area is well organized, protected from the elements and
elevated to minimize ice buildup.
27
4. "When appropriate, provisions for trash compaction are pro-
vided by the proposed development and measures are taken to
encourage trash compaction by other developments on the
block."
In the past, the CCLC investigated trash compactor systems to
determine their feasiblity for use in the Commercial Core. These
efforts on the part of CCLC have apparently been shelved.
Such a system would only be feasible if all the building owners
are prepared to or required to participate in the cost of such a
system. The applicant agrees to participate in a district -wide
system when and if such a system becomes feasible.
5. "The area for public utility placement and maintenance is
adequate and safe for the placement of utilities."
Meters are to be located at the southwest corner of the Lane
Parcel for easy access. Power panels will be located in a room
immediately off of the carport.
6. "Adequate provisions are incorporated to ensure the con-
struction of the access area."
Construction of the utility /trash service area will be a
condition of approval. The applicant will be unable to secure a
building permit for the project unless the trash area is included
in the construction documents.
W.
C. SPECIAL REVIEW APPLICATION REQUIREMENTS INCLUDE:
1. The general application information required under Section
6 -202.
General application requirements have been addressed in Section
I, beginning on page 4.
2. A sketch plan showing the configuration of the development
on the lot and those features of the site which are relevant
to the Special Review application.
Refer to attached architectural drawings.
3. An analysis of the characteristics of similarly situated
properties in the same Zone District and of neighboring
parcels with respect to whether these properties comply with
the dimensional, off - street parking or trash /utility service
area requirement which is subject to Special Review.
In general, virtually all applicants for expansion of commercial
projects have sought some variation in the rather generous
requirements of the trash storage in the CC zone.
This application complies with the square footage requirements
but seeks a minor variation in dimensional requirements only.
29
VI. CONDOMINIUMIZATION OF RESIDENTIAL UNITS
( §7- 1007(A))
The applicant wishes to condominiumize the two residential units
in the Collins Block in the event that it is necessary or
desirable to sell the units in the future.
In addition to compliance with all other applicable requirements
of Subdivision (Article 7, Division 10), which will be
accomplished at the time a Plat can be prepared, the applicant is
required to address certain conditions spelled out in
57- 1007(a)(1):
1. Purchase rights of existing tenants
The two units are presently under construction and there are no
tenants at the present time.
2. Minimum lease require
As stated in 97- 1007(A)(1)(b)(2), residential dwelling units
which are located in historic landmarks in the CC zone and which
receive a conditional use approval pursuant to Article 7,
Division 3 may be leased without limitation.
WO
Section IV of this application requests conditional use approval
to permit short -term rental.
3. Affordable Hou Impact Fee
The Affordable Housing Impact Fee shall apply to the condominium -
ization of new residential units (see 57- 1007(A)(1)(c)(2), unless
the project shall have provided affordable housing pursuant to
GMQS procedures.
Two 2- bedroom affordable housing units are provided with this
application, as described in Section III beginning on page 11.
4. Building inspection re uired
It is presently anticipated that at the time of completion of the
residential units, condominium plats will be prepared and an
inspection will be accomplished as a requirement of a Certificate
of Occupancy.
31
f
VII. LOT LINE ADJUSTMENT REVIEW (57- 1003(A)(a))
Under the provisions of 57 -1003 of the Land Use Code, the follow-
ing development shall be exempted from the terms of Subdivision:
A. LOT LINE ADJUSTMENT. An adjustment of a lot line between
contiguous lots which are under separate ownership if all
the following conditions are met:
1. "It is demonstrated that the request is to correct an
engineering or survey error in a recorded plat or is to
permit an insubstantial boundary change between
adjacent parcels."
2. "Both landowners whose lot lines are being adjusted
provide written consent to the application."
3. "It is demonstrated that the request is to address
specific hardship."
4. "The corrected plat will meet the standards of this
division, and conform to the requirements of this
chapter, including the dimensional requirements of the
Zone District in which the lots are located, except in
cases of an existing nonconforming lot, in which the
adjustment shall not increase the non - conformity of the
lot."
5. "It is demonstrated that the lot line adjustment will
not affect the development rights or permitted density
of the affected lots by providing the opportunity to
create a new lot for resale or development."
An application for Subdivision Exemption for Lot Line Adjustment
was filed on August 16, 1989 by Catherine McMahon of Garfield &
32
r ..A r
Hecht. This application was subsequently amended and was then
scheduled for review by City Council.
In deference to the Planning Office's preference to review all
remaining applications together, the applicant agreed to table
Council's review of the Lot Line Adjustment application. For
compliance with applicable review requirements, please refer to
the prior application.
33
VIII. GMOS EXEMPTION FOR AFFORDABLE HOUSING (58-104(C)(1)(c))
All housing deed restricted in accordance with the housing
guidelines is eligible for exemption by the City Council.
The applicant proposes to construct on the Lane Parcel two 2-
bedroom loft units of 754 sq.ft. each to be restricted to the
moderate - income guidelines, as permitted for historic landmarks.
The units will be retained as rental units and the applicant
requests a right of first refusal to place eligible employees of
the project in the rental units.
34
EXHIBIT 1
LAND USE APPLICATICN FORM
1)
Project Name
COLLINS BLACK PROJECT
2)
Project Location
204 S. Mill Streeet, As n, 00 81611
r o ,
Lots D and E, Block 88, Aspen Tbwnsite)
3)
Present Zoning CC
4) Lot 8,32 ss 1 4� s cc f agtt
5)
ns
App1 205 n S .s Gale en na�
YSize
Aspe�n 81611 Bald
Str
( 3) 92011806
6)
Representative's Name, Address & Phone A Joseph Wells
130 Midland Park Place,
No. F -2, Aspen, Colorado 81611 (303) 925 -8080
7)
Type of Application (please check all that apply):
X
Conditional Use
Conceptual SPA X Conceptual Historic Dev.
X
Special Review _
Final SPA _ Final Historic Dev.
_
8040 Greenline _
Conceptual PUD _ Minor Historic Dev.
_
Stream Margin _
Final PUD _ Historic Demolition
_
Mountain view Plane
Subdivision _ Historic Designation
X
Condominiumization
Text/Map Amendment _ GMQS Allotment
X
Lot Split/Lot Line
X GMQS Exemption
Adjustment
8)
Description of Existing Uses (number and type of existing structures; appro-
ximate s7. ft.; number of
bedrooms; any previous approvals granted to the
property).
Basement Commercial & Accessory Space = 7,245 sf
1st Floor Commercial & Accessory Space = 5,192 sf
2nd Floor Residential & Accessory Space = 4,533 sf
Existing total square footage = 18,201 sf (10,956 FAR sf)
9) Description of Development Application
HPC Conceptual Development Plan Review Of Significant Development, GMQS
Exemption For An Historic Landmark, Conditional Use a nd Special Review By
The Planning and Zoning Commission and Lot Line Adjust Review by City
rnuncil
10) Have you attached the following:
X Response to Attachment 2, Minimum Submission Contents
-- Response to Attachment 3 Specific Submission Contents
Y Response to Attachment 4, Review Standards for Your Application
THE BRAND
EXHIBIT 2
January 5, 1990
Ms. Amy Margerum, Director
ASPEN / PITKIN PLANNING OFFICE
130 South Galena
Aspen, Colorado 8161
Dear Amy.
This letter is to confirm that I am the record owner of the Collins Block,
Lots A,B,and C, Block 88 and the Lane Parcel, Lots D and E, Block 88, Aspen
Townsite. We have requested that the attached application be prepared on
our behalf.
Joe Wells will be our representative in Aspen during the City's review of
this submission.
Sincerely,
Harley Baldwin
HB /ws
Eric.
205 S. GALENA ASPEN. COLORADO 81611
303.9201800 FAX 303 920,3602
J
Z
n
ri
N
a Z i
f•Ed
cu
o
c7
IJ
J
K
Recuided at ' I ckLM 3 2C��g`�
ReceRtiun No `/ r 2 /
SILVIA DAVIS PITKIN COUNTY RECORDER
WARRANTY DEED
THIS DEED, made this J!f de
Hardware & Supply Company, Inc.,
County of Pitkin and State of
Baldwin whose legal address is
Galena, Aspen, Colorado 81611 of
of Colorado, Grantee:
a 1 588 mat i0
EXHIBIT 3
of March, 1989, between Aspen
a Colorado Corporation of the
Colorado, Grantor, and Harley
The Brand Building, 205 South
the County of Pitkin and State
WITNESSETH, that the Grantor for and in consideration of the
sum of Ten Dollars and other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, has
granted, bargained, sold and conveyed, and by these presents does
grant, bargain, sell, convey and confirm, unto the Grantee, his
heirs and assigns forever, all the real property together with
improvements, if any, situate, lying and being in the County of
Pitkin and State of Colorado described as follows:
The real property described on Exhibit A attached
hereto and incorporated herein by this reference
as known by street and number as: 204 South Mill Street, Aspen,
Colorado.
TOGETHER with all and singular the hereditaments and
appurtenances thereto belonging, or in anywise appertaining, and
the reversion and reversions, remainder and remainders, rents,
issues and profits thereof, and all the estate, right, title,
interest, claim and demand whatsoever of the Grantor, either in
law or equity, of, in and to the above bargained premises, with
the hereditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and
described, with the appurtenances, unto the Grantee, his heirs
and assigns forever. And the Grantor, for itself, its heirs, and
personal representatives, does covenant, grant, bargain, and
agree to and with the Grantee, his heirs and assigns, t1lat at the
time of the ensealing and delivery of these presents, it is well
seized of the premises above conveyed, has good, sure, perfect,
absolute and indefeasible estate of inheritance, in law, in fee
simple, and has good right, full power and lawful authwn lty to
grant, bargain, sell and convey the same in manner and form as
aforesaid, and that the same are free and clear from all former
and other grants, bargains, sales, liens, taxes, assessments,
encumbrances and restrictions of whatever kind or nature soever,
except taxes due and payable for 1989 and subsequent years; any
tax, special assessment, charge or lien imposed for wdter or
sewer service or for any other special taxing district for 1989
and subsequent years; reservations contained in Deed from the
City of Aspen as follows: no title shall be hereby acquired to
any mine of gold, silver, cinnabar or copper or to_ any valid
mining claim or possession held under existing laws, ��s Is�
i 1 MAR 2 0 1909 `
") ri ll
41V `r
Boor
in instruments recorded in Book 79 at Page 32, in Book 59 at Page
307; any loss or-damages as a result of Ordinance No. 11 (Series
of 1987) which repeals and reenacts Section 24 -9 of the Municipal
Code, titled, Historic Designation.
The Grantor shall and will WARRANT AND FOREVER DEFEND the
above - bargained premises in the quiet and peaceable possession of
the Grantee, his heirs and assigns, against all and every person
or persons lawfully claiming the whole or any part thereof;
provided, however, that the Receiver executing this Deed on
behalf of Grantor shall have no personal liability for any claim
by Grantee, his successors or assigns arising for any reason
whatsoever under this Deed and Grantee, his successors and
assigns shall have recourse only against Aspen Hardware and
Supply Company, Inc. as Grantor hereunder. The singular number
shall include the plural, the plural the singular, and the use of
any gender shall be applicable to all genders.
IN WITNESS WHEREOF, the Grantor has executed this deed on
the date set forth above.
STATE OF COLORADO
COUNTY OF PITKIN
ss.
ASPEN HARDWARE AND SUPPLY COMPANY,
INC., a Colorado Corporation
By: ✓ C - G 4 /���°
Robert Camp, Receiv r
Subscribed and sworn to before me this 14 of March,
1989, by Aspen Hardware and Supply Company, Inc., a Colorado
Corporation by Robert Camp, Receiver.
Witness my hand and official seal.
My commission expires:
Pr
rn
` 1 4KV i66' ;'
1 47-E o f
u•
101
Notary Publ c
5 43.'W172 :
EXHIBIT "A"10 WARRANTY DEED
The North 80 feet of Lots A, B and C. Block 88, City and Townsite of
aspen (excepting that portion of said Lot C conveyed by Quit Claim Deed
recorded in Book 287 at Page 425. of Pitkin County Records)
And a Parcel described as:
Beginning at Corner No. 1 which is the Southeast corner of Lot D in
Block 88 of the City and Townsite of Aspen, and the Southwest Corner of
Lot E in said Block thence running along ti►e South Boundary of Lot D In
a Westerly direction a distance of 24 feet to Corner No. 2,
thence running in a Northerly direction parallel to the West Boundary
of said Lot D a distance of 20 feet to Corner No. 3,
thence running in an Easterly direction parallel to the South Boundary
of said Lots D and E a distance of 41 feet to Corner No. 4, thence
running in a Southerly direction parallel to the East boundary of'said
Lot E a distance of 20 feet to Corner No. b, thence running In a
Westerly direction along the South Boundary of said Lot E a distance of
17 feet to Corner No. 1, the place of beginning;
and
,
The South Twenty (20) feet of the East Thirteen (13) feet of Lot
lettered "E" in Block 80, City and Townsite of Aspen;
and
The South Twenty (20) feet of the Eas.t Twenty Five (25) feet of Lot
lettered "D" in . Block 88, city' and Townsite of Aspen.
CITY AND TOWNSITE OF ASPEN,
COUNTY OF PITKIN,
STATE OF COLORADO
EXHIBIT 3
SCHEDULE A
Date of Policy: March 20, 1989 at 4:51 P.M. GF No. -I00:6c —C
Amount of Insurance $ 2,700,000.
1. Name of Insured:
HARLEY BALDWIN
2. The estate or interest in the land described herein and which is covered by this policy is: (a fee. a leasehold, etc.)
FEE
3. The estate or interest referred to herein is at Date of Policy vested in:
HARLEY BALDWIN
1. T'-e land referred to in this policy is described as follows:
LEGAL DESCRIPTION CET FORTH ON SHEE ATTACHED HERETO -NO 3Y THIS
-REFERENCE INCCRFORA.TED HERE If+ AND MADE A FART HEREOF.
v.m ' 00.1 den ?Sm i 3ti r
,r der `JC. - ?CC;co -v
The lard =cerred in thic pclicj c -`.a S cf .Dlcr3dc,
Ccunr, <', ,�3nd is describec �_-s fcl.cws:
FARCE_ A:
-he N'crth 80.00 faet of Lot=_ A, 3 and C, 3;cc''k 88, CM ANC
- C'ra^JS17 E CF AS FEN
E(CEFT that portion of said L..- C ccrnieyed by Tinnie Mercantile
Company, a flew I:exico corporation, and Hien Country Lumber Co., a
Colorado corporation, to Kurt Bresnitz and Lotte Bresnitz by the
Quit Claim Ceed recorded j%iay 22, 1:7 in Bock 287 at Page 125.
PARCEL B:
3ecinning at Corner No. 1 which is the Southeast corner of Lot C
in Block 88 of the CITY AND TCWNSITE OF ASPEN, and the Southwest
corner of Lot E in said Block 88;
thence running along the South boundary of said Lot C in a
Westerly direction a distance of 24.00 feet to Corner No. 2;
thence runninc in a Northerly direction parallel to the West
boundary of said Lot D a distance of 20.00 feet to Corner :1o. 3;
thence running in an Easterly direction parallel to the South
boundary of said Lots D and E a di=stance of 11.00 feet to Corner
- hence runnlrc in a Southerly dirac -'cn carailel to the East
tcundary of Said Lc- _ a distance ..s 2C.C'C feet Corner No.
— ier,ce runrirc 'n a W est3r .. ��r-C -:Cn 3 J -g -`.e - ,, -`,C L'nCarI
Of 52!d L0- E a diStanCe OT.�. ^C feet Corner ?10. 1, the Dlace
of teglnninc.
F?.RC C:
he South tMenty (20.00) feet or 7�a =3st thirteen (1,.00` feet
ci c7 ocx 8� C1 AMC C'WNS = CF ..SPEN.
The Scutt - hyenty (2C.00) `eet cf the cast twenty five
feet of Lot D, Block 38, C TY AND 70"WNSITE OF ASFEN.
rn � as
Zl_ ._. E a _L i
?CLOY .VC. - -
This Policy does not insure against loss or damage by reason of he fcilcwing:
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 `.ac 'Nhicn a correct survey and inspec-
tion 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. Tare=_ due and payable; and any tax, special assessments, charge or lien imposed for
water or sewer service, Cr for any other SpeClal taxing dlStrlCt.
Restrictions, as contained in the Deeds from N. G. !Miller, as County and Probate
Judge, to E. B. Collins recorded January 23, 1888, in Book 59 at Pace 307, and
March 28, 1891, in Book 79 at Page 32, providing sub=tantially as fcllcws:
"That no title shall be hereby acquired to any mine or gold, silver, cinnabar, or
cooper or to any valid mining claim or possession held under existing laws and
subject to all the conditions, limitations and restrictions contained in Section
2386 of the Revised Statutes of the United States."
7. Encroachments by (a) the two-story brick building on Parcel A onto E. Hopkins
Avenue, S. 14111 Street and Property immediately adjoining Parcel A on the South,
and (b) the one -story "C.M.U." building on Parcels B, C and D onto the alley in
Blom 88 and property Immediately adJolnir.g Parcels S, C_and D ec t. :e Nlcrth and
';Jest, as evidenced by Survey ;Ic. 9022 of Aspen Scr% ey Engineers, rc. sated
February 6, 1989.
'Deed of 7 rus t from marl" i =ald'N: : tha '��. - - `` - -?e rcr -he
;se of Cartral tank of =,scen, 'J., - ., SeC'T? 1C,ICC.27, za -=c Varc`1 -C, 989,
ard - eccrded `larch 20, Ic8 Scck 5c8 ?ace '-_.
a
9. assignment of Rents recCrc C
eg Yarr :0, 'n89, 3CCk :88 a- ?aCe 3 Si an _n
ccnrecticn with the above Deed of -rus -.
C. Security intere
notice of which
=arlev Saldwln,
Larch 20, 1989,
12305.
st under the Uniform
is giver, by Secur't
debtor(s;, to Can -r
fn Bcck 588 at Pace
Carmerc Code affec.. - subject property,
Agreement and rinancirc ?meet, frcm
i Bark of ?s,zen, `d. A., sec:: ?c Dart', recorded
=' and -'Ied `March _ ?8S Inc NIo.
g0 a� 'I
crmar !arklns
AilM,i.W
e I- `. rs far I r,cr -.;cr
Endorsement
Attached to and forming a part of
Policy No 0157924
Order No. 400368
Issued by
Title USA Insurance Corporation
Exception No. 5 is hereby amended and modified in its entirety to read as follows:
5. Taxes and assessments for the year 1989 and subsequent years.
l_xceotions 1 through 4 are hereby deleted.
:n a.l -,ther respects, said Policy remains the same.
This endorsement is made a part of the oollci or commitment and is subiect 7o ail the terms and provisions
thereof and of any prior endorsements therato. Except :o 'he extent expressly stated. It neither modifies
any of :he terms and provisions of the ooixy or commitment and prior endorsements, if any, nor does '.t
extend the effective date of the policy or _ommamen: and prior endorsements or Increase the face amount
thereof.
Dated: Marsh 9n, �ORQ
Title USA Insurance Corporation
?- esaenr ® ebrcl f.ecunm Offkc '
�r•.erary 1
ssved d' E. Larkins
_.� a Wu vet• c�mu.e
:........... �
c:
SEAL'.°
-_%i s � 'A sE-s c�.-
-
~ EXHIBIT 4
MAIN ST x7905.4
_ I
7904.7 x
Y I / 1
BANK OF ASPEN
I,
PKINS AVE
U
WolfAr
x 7906.
I —
I
1
W 1
W
� I
7`-
ISIS x '
COLLINS
BLOCK
I F Fl
x7909.0
i
rr
r�
1
i
w
LANE
x
O n �r
7913r� --
. INTKIN COUNTY TITLE, Inc.
Title Insurance Company
Vincent J. Higens 601 E. Hopkins, Aspen, Colorado 81611 Christina M. Davis
President (303) 925 -1766 • (303) 925 -6527 FAX Vice President
ADJACENT OWNER'S STATEMENT
EXHIBIT 5
Pitkin County Title, Inc., a duly licensed Title Insurance Agent in the State of
Colorado hereby certifies the following list is a current list of adjacent property
owner's within three hundred feet of the subject property set forth on Schedule "A"
attached hereto and made a part hereof, as obtained from the most current Pitkin County
Assessors Tax Rolls.
NAME AND ADDRESS
HARLEY A. BALDWIN, II
1 WEST 72 ND STREET
NEW YORK, NEW YORK 10023
LAURA DONNELLEY
P.O. BOX 589
ASPEN, COLORADO 81612
SABBATINI SPORT, INC.
208 SOTH MILL STRRET
ASPEN, COLORADO 81611
WALTER F. HAMPEL, JR.
P.O. BOX 1034
ASPEN, COLORADO 81612
MOUNTAIN ENTERPRISES 80B
4001 CLASSEN BOULEVARD
OKLAHOMA CITY, OKLAHOMA 73118
LOMA ALTA CORPORATION
P.O. BOX 8105
DALLAS TEXAS 75205
LEVANT AMERICA, S.A.
C/O COLONIAL NAVIGATION CO., INC.
#2240
17 BATTERY PLACE
NEW YORK CITY, NEW YORK 10004
RANSOM B. WOODS, JR.
JUSTINE F. WOODS
P.O. BOX 12288
ASPEN, COLORADO 81612
BRIEF LEGAL DESCRIPTION
SUBJECT PROPERTY
AND LOTS G, H, I, BLK. 88, ASPEN
LOTS D, E, F, BLK 88, ASPEN
S 20' OF LOTS A, B, C, W 5' LOT D, BLK. 88,
ASPEN
LOTS M, N, BLK. 88 ASPEN
N 14' AND W 12' LOF LOT M, BLK 88, ASPEN, AND
UNITS A -102, A -103, A -202, A -301, C -201, B -201
TOM THUMB BUILDING CONDOS
LOTS P, 0 BLK. 88, ASPEN
N 25 ' LOTS R AND S, BLK. 88 ASPEN
S 75' LOTS R AND S, BLK. 88, ASPEN
, PITKIN COUNTY TITLE, Inc.
Vincent J. Higens
President
Title Insurance Company
601 E. Hopkins, Aspen, Colorado 81611
(303)925- 1766•(303)925 -6527 FAX
Christina M. Davis
Vice President
MILL STREET PLAZA ASSOCIATES
SUITE 301A
205 N. MILL STREET
ASPEN, COLORADO 81611
CRYSTAL PALACE CORPORATION
P.O. BOX 32
ASPEN, COLORADO 81612
GRAND FINALE, LTD.
P.O. BOX 32
ASPEN, COLORADO 81612
GORDON L. WHITMER
HOWARD ROSS
314 EAST HYMAN AVENUE
ASPEN, COLORADO 81611
CITY OF ASPEN
150 S. GALENA ST.
ASPEN, COLORADO 81611
LOTS D -I, BLK. 81, ASPEN
LOTS K AND L, BLK. 81, ASPEN
LOT M, BLK. 81, ASPEN
LOTS N, 0, BLK. 81, ASPEN
WHEELER OPERA HOUSE,, CITY HALL
CITY OF ASPEN, FIRE PROTECTION DISTRICT LOTS 0 -R, BLK. 87, ASPEN
420 E. HOPKINS AVENUE
ASPEN, COLORADO 81611
CARL R. BERGMAN
CATHERINE M. BERGMAN
P.O. BOX 1365
ASPEN, COLORADO 81612
CAN AM ASPEN DEVELOPMENTS
135 EAST COOPER AVENUE
ASPEN, COLORADO 81611
LA COCINA, INC.
P.O. BOX 4010
ASPEN, COLORADO 81612
DUANE R. JOHNSON
MARGARET W. JOHNSON
1116 E. CINNABAR AVENUE
PHOENIX, ARIZONA 85020
THE BANK OF ASPEN
119 SOUTH MILL STREET
ASPEN, COLORADO 81611
E 1/2 LOT B, ALL LOTS C AND D, BLK. 80, ASPEN
LOTS G, H, I, BLK. 80, ASPEN
LOTS M, N, BLK. 80, ASPEN
LOT 0, BLK. 80, ASPEN
LOTS P -S, BLK. 80, ASPEN
1 COUNTY TITLE, Inc.
Title Insurance Company
Vincent J. Higens 601 E. Hopkins, Aspen, Colorado 81611
President (303) 925 -1766 • (303) 925 -6527 FAX
CHITWOOD PLAZA COMPANY LOT D, BLOCK 87, ASPEN
C/O DAVID J. MYLER
106 SOUTH MILL STREET, SUITE 202
ASPEN, COLORADO 81611
JESSE J. MADDALONE LOTS E, F, G, H, I, BLK. 87, ASPEN
ESTHER M. MADDALONE
THE FIRST NATIONAL BANK OF GRAND JUNCTION
AS TRUSTEE OF THE MADDALONE FAMILY TRUST
2265 TANGLEWOOD ROAD
GRAND JUNCTION, COLORADO 81503
M & W ASSOCIATES
205 SOUTH MILL STREET
SUITE 301A
ASPEN, COLORADO 81611
MARJORIE P. JENKINSON
403 WEST HALLAM STREET
ASPEN, COLORADO 81611
RYANCO PARTNERS LTD. NO. XVI
SUITE 106
201 NORTH MILL STREET
ASPEN, COLORADO 81611
WILLIAM L. COMCOWICH, TRUSTEE
OF ROBERT BARNARD TRUST
420 WEST MAIN STREET
ASPEN, COLORADO 81611
WHEELER SQUARE ASSOCIATES
C/O DONALD J. FLEISHER COMPANY
710 EAST DURANT AVENUE
2ND. FLOOR
ASPEN, COLORADO 81611
FRITZ LINDNER
ERIKA GRAF EBERSTEIN
STR. 7
7570 BADEN - BADEN
EBERSTEINBURG, WEST GERMANY
AMELIA L. KOPP
ROBERT L. ZUPANCIS
STANLEY A. KOPP
P.O. BOX 100
ASPEN, COLORADO 81612
LOT K, BLK. 87, ASPEN
LOTS L, M, N, BLK. 87, ASPEN
LOT S, BLK. 87, ASPEN
Christina M. Davis
Vice President
UNITS A, B, C, ASPEN COMMERCIAL CONDO
LOTS E, F, G, BLK. 82, ASPEN
N 66' LOT A, BLK 89, ASPEN
N 66' LOT B, BLK. 89, ASPEN
Vincent J. Higens
President
B & K ASSOCIATES
308 SOUTH MILL STREET
ASPEN, COLORADO 81611
BIRKWOOD ASSOCIATES
P.O. BOX 3421
ASPEN, COLORADO 81612
ANGELINE M. GRIFFITH
ROY GRIFFITH
530 WALNUT
ASPEN, COLORADO 81611
BRUCE E. CARLSON
P.O. BOX 3587
ASPEN, COLORADO 81612
1 COUNTY TITLE, Inc.
Title Insurance Company
601 E. Hopkins, Aspen, Colorado 81611
(303) 925 -1766 • (303) 925 -6527 FAX
INTERNATIONAL LACE U.S.A., LTD.
675 EAST COOPER AVENUE
ASPEN, COLORADO 81611
LIS G. SORENSEN
P.O. BOX 9381
ASPEN, COLORADO 61612
ROBERT "BUCK" W. BROWER
423 EAST HYMAN, #C -1
ASPEN, COLORADO 61611
TED A. KOUTSOUBOS
419 EAST HYMAN AVENUE
ASPEN, COLORADO 81611
CHARLES W. RACINE
P.O. BOX E -2,
SNOWMASS VILLAGE, COLORADO 81611
JOAN L. KLAR
P.O. BOX 722
ASPEN, COLORADO 81612
CHRISTINE DI BARTOLO
104 MAGNOLIA LANE
COVINGTON, LUOISIANA 70433
Christina M. Davis
Vice President
S 34' LOTS A ANB B, BLK. 89, ASPEN
W 16' LOT C, BLK 89, ASPEN
E 14' LOT C, BLK. 89, ASPEM
UNIT 1 AND 2, ROARING FORK CONDO
UNITS 3, ROARING FORK CONDO
LOT D, BLK. 89, ASPEN
UNIT C -1, ROARING FORK ARMS CONDO
UNITS R- 17, R- 23 ,R- 12,R- 13,R- 25,R- 28,R- 29,R - 15,
R- 11, R- 14R- 26R- 24R- 16,C2A,C2B,R 18,R - 19, ROARING
FORK ARMS CONDOS
R -27, ROARING FORK ARMS CONDO
R -21, ROARING FORK ARMS CONDOS
R -22, ROARING FORK ARMS CONDOS
Vincent J. Higens
President
DUVIKE, INC.
P.O. BOX 2238
ASPEN, COLORADO 81612
, PITKIN COUNTY TITLE, Inc.
Title Insurance Company
601 E. Hopkins, Aspen, Colorado 81611
(303) 925 -1766 • (303) 925 -6527 FAX
PIETRZAK ASPEN BUILDING LIMITED
P.O.BOX 9790
ASPEN, COLORADO 81612
JOHN BRETT GILLESPIE
P.O. BOX 11781
ASPEN, COLORADO 81612
TREND VENTURE CORPORATION
4001 CLASSEN BOULEVARD
OKLAHOMA CITY, OKLAHOMA 73118
DAVID DENSON
KATHLEEN DENSON
170 EAST GORE CREEK
VAIL, COLORADO 81657
HILLIS OF SNOWMASS, INC,
170 EAST GORE CREEK
VAIL, COLORADO 81657
TOM THUMB BUIDING CONOMINIUM ASSOCIATION
(NO ADDRESS AVAILABLE)
W.G. BULLOCK
GRANT BULLOCK TRUST
JOHN E. MC NULTY
LAVONE KAY STATON
LOIS ANN HARTMANN
P.O. BOX 609
GLENWOOD SPRINGS, COLORADO 81601
ASPEN ARCADE LIMITED
C/O LARRY BROOKS
1148 4TH. STREET
SANTA MONICA, CALIFORNIA 90403
JOHN L. KING
EILEEN H. KING
C/O BERRY, MOORMAN, KING, ET AL
600 WOODBRIDGE PLACE
DETROIT, MICHIGAN 48226
ALL UNITS AT DUVIKE CONDOS
Christina M. Davis
Vice President
UNIT A -201, TOM THUMB BUILDING CONDOS
UNIT A -302, TOM THUMB BUILDING CONDO
UNIT B -101, TOM THUMB BUILDING CONDO
UNIT B -202, B -301, TOM THUMB BUILDING CONDO
UNIT C -201, C -301, TOM THUMB BUILDING CONDO
rY1r\ ., .
LOTS A, B, C, BLOCK 94, ASPEN
LOTS A, B, BILK. 81, ASPEN
LOT C, BLK. 81, ASPEN
PITKIN COUNTY TITLE, Inc.
Title Insurance Company
Vincent J. Higens 601 E. Hopkins, Aspen, Colorado 81611
President (303) 925 -1766 • (303) 925 -6527 FAX
JAMES E. COX
ANTHONY E. COX
C/O AERSCAPE LIMITED
314 SOUTH MILL STREET
ASPEN, COLORADO 81611
ELKS CLUB NO. 224
210 S. GALENA STREET
ASPEN, COLORADO 81611
Christina M. Davis
Vice President
E 6' LOT G, ALL OF LOTS H AND I, BLK. 89, ASPEN
LOTS K, L, M, BILK. 94, ASPEN
ASPEN /PITKIN PLANNING OFFICE
130 S. Galena Street
Aspen, Colorado 81611
(303) 920 -5090
January 29, 1990
Joe Wells
130 Midland Park Place, F2
Aspen, Colorado 81611
RE: Collins Block
Dear Joe,
This is to inform you that the Planning Office has completed its
preliminary review of the captioned application. We have
determined that this application is complete.
We have scheduled this application for review by the City Council
on Monday, February 26, 1990 at a meeting to begin at 5:00 pm.
We have also scheduled this application for review by the Aspen
Planning and Zoning Commission at a public hearing on Tuesday,
March 6, 1990 at a meeting to begin at 4:30 pm. The Friday
before the meeting date, we will call to inform you that a copy
of the memo pertaining to your application is available at the
Planning Office.
Joe, as you know, the Conditional Use Review is a public hearing
which requires the applicant to send notices to property owners
within 300 but does not require publication in the newspaper.
I will send you a copy of a notice for mailing.
If you have any questions, please call Leslie Lamont, the planner
assigned to your case.
Sincerely,
Debbie Skehan
Administrative Assistant
RE: COLLINS BIACR CONDITIONAL USE REVIEW, GMQS E}LEMPTION,
SPECIAL REVIEW
NOTICE IS HEREBY GIVEN that a public hearing will be held on
Tuesday, March 6, 1990 at a meeting to begin at 4:30 pm before
the Aspen Planning and Zoning Commission, 2nd Floor Meeting Room,
130 South Galena Street, Aspen, Colorado to consider an
application submitted by Joe Wells on behalf of his client,
Harley Baldwin, requesting Conditional Use Review approval for
two residential units which are located above street level
commercial uses in the historic landmark Collins Block and which
are not restricted to six month minimum lease. The applicant
further requests GMQS Exemption approval for enlargement of an
historic landmark and Special Review approval for increased floor
area ratio and reduction in Utility /Trash Service Area. The
property is located at 204 South Mill Street, North 80' of Lots
A, B and C and South 20' of Lots D and E, Block 88, City and
Townsite of Aspen.
For further information, contact the Aspen /Pitkin Planning
Office, 130 S. Galena St., Aspen, CO 920 -5090.
s /C. Welton Anderson, Chairman
Planning and Zoning Commission
Published in The Aspen Times on February 15, 1990.
City of Aspen Account.
pn.collins
PROJECT:
APPLICANT'S REPRESENTAI
REPRESENTATIVE'S PHONE:
OWNER'S NAME:
SUMMARY
1. Type of Application:
Areas is which Applicant has been requested to respond,
types of reports requested:
Policy Area/
Referral Agent Comments
4. Review is: & o) (CC Only) P &Z then to CC)
5. Public Hearing: YES (NO)
6. Number of copies of the application to be submitted:
7. What fee was applicant requested to submit:
8. Anticipated date of submission:
Lrm.pre_ app
CITY OF ASPEN
PRE- APPLICATION CONFERENCE SUMMARY
2. Describe action /type of development being requested:
GARFIELD & HECHT, P.C. X_M -01
/� �,
RONALD GARFIELD' ATTORNEYS AT LAW yJ,�' l TELEPHONE
ANDREW V. HECHT'* VICTORIAN SQUARE BUILDING (303) 925 -1936
WILLIAM K. GUEST, P.C. "' TELECOPIER
ROBERT E. KENDIG 601 EAST HYMAN AVENUE (303) 925 -3008
ASPEN, COLORADO 81611
JANE ELLEN HAMILTON
CATHERINE H. McMAHON ""
'also admitted to
Q
New York Bar
**also admitted to
District of Columbia Bar November 9, 1989
"'also admitted to
Nebraska and Texas Bar
" "also admitted to
Illinois Bar
HAND DELIVERY
Leslie Lamont
Aspen /Pitkin Planning Office
130 South Galena
Aspen, Colorado 81611
RE: Subdivision Exemption for Lot Line Adjustments between
Aspen Hardware and Sabbatini Buildings
Dear Leslie:
As requested by your office, this is to confirm that the
applicant has requested that the above - captioned Application be
temporarily tabled. We will advise you as to when we want the
matter to be reinstated on the City Counsel's agenda for hearing.
Thank you.
Sincerely yours,
GARFIELD & HECHT, P.C.
Catherine H. McMahon
CHM /km
cc: Harley Baldwin
Joe Wells r
C. 1ri1 Cuit00�L
p C� /
4 (/
i�
CASELOAD SUMMARY SHEET
City of Aspen
N]
DATE RECEIVED: 84164A9
DATE COMPLETE' O
PARCEL ID AND CASE NO.
2737-Q 73-39-001&014 80A -89
STAFF MEMBER'
PROJECT NAME: Collins Block Lot Line Adjustment
Project Address: 205 S. Galena St.
Legal Address:
APPLICANT: Harley Baldwin
Applicant Address: 205 South Galena St. Aspen, CO 81611
REPRESENTATIVE: Catherine McMahon, Garfield & Hecht
Representative Address /Phone: 601 E. Hyman
Aspen, CO 81611 5 -1936
PAID: YES NO AMOUNT:
$700.00 N�OPIES
RECEIVED: 1
TYPE OF APPLICATION:
1 STEP:
2 STEP:
P &Z Meeting Date
PUBLIC
HEARING:
YES NO
VESTED
RIGHTS:
YES NO
CC Meeting Date
PUBLIC
HEARING:
YES NO
VESTED
RIGHTS:
YES ®O
Paid:
Date:
Planning Director Approval:
Insubstantial Amendment or Exemption:
REF 7/ OALS:
City Attorney
City Engineer
Housing Dir.
Aspen Water
City Electric
Envir. Hlth.
Aspen Consol.
S.D.
Mtn. Bell
Parks Dept.
Holy Cross
Fire Marshall
Building Inspector
Roaring Fork
Energy Center
School District
Rocky Mtn Nat Gas
State Hwy Dept(GW)
State Hwy Dept(GJ)
Other
DATE REFERRED: O'Ia� INITIALS:
FINAL ROUTING: DATE ROUTED: INITIAL:
City Atty City Engineer _ Zoning _ Env. Health
Housing Other'
FILE STATUS AND LOCATION
AMENDED LAND USE APPLICATION
FOR
SUBDIVISION EXEMPTION
FOR
LOT LINE ADJUSTMENTS
BETWEEN
ASPEN HARDWARE AND SABBATINI BUIL
A.
This Amended Application replaces Section VI, Explanation
of Proposed Development Compliance of Applicant's Land Use
Application submitted on August 16, 1989.
The Applicant owns two parcels of land, the Collins Block
and the Lane Parcel. At the present time, the Aspen Hardware
Building is located on the Collins Block and a storage shed is
located on the Lane Parcel. The latter structure will be
demolished in order to provide affordable housing in conjunction
with the proposed renovation of the Aspen Hardware Building.
The Sabbatini Building is located to the south of the
Collins Block and to the west of the Lane Parcel. As the Agreement
attached hereto as Exhibit A indicates, the Applicant and the owner
of the parcel on which the Sabbatini Building is located (the
"Sabbatini Parcel ") wish to adjust the title boundary lines between
their respective properties for three reasons.
First, they wish to confirm an Agreement dated April 22,
1968 and recorded on February 18, 1969 in Book 239 at Page 436 in
the Pitkin County real estate records that established the boundary
line between the Collins Block and the Sabbatini Parcel to coincide
with the location of the line between the Sabbatini and Aspen
Hardware Buildings, which line is approximately .5' south of the
title line and extends approximately 85.67' from west to east
between the two buildings. (See the dotted red line on the Plat
submitted herewith.)
Second, they want the title lines to conform with the
existing structures located on the respective parcels. The Collins
Block extends an additional 4.6' east of the 85.67' boundary line
established by the 1968 Agreement (see the dotted green line on the
Plat), for a total of 90.27' from east to west. In addition, the
Sabbatini Building encroaches eastward onto the Lane Parcel
approximately .5' from east to west and approximately 19.5' from
north to south on the southern portion of the Lane Parcel. (See
the dotted blue line on the Plat.) Accordingly, the parties wish
to adjust the title boundary lines to conform with the existing
Sabbatini Building.
Finally, the 4.6' by .5' vacant strip to the north of the
Sabbatini Building on the Sabbatini Parcel and running to the
southeast corner of the Collins Block ( "Vacant Strip ", as outlined
in yellow on the Plat) , provides the most efficient and economical
means of connecting essential utility services for the renovation
and reconstruction of the Aspen Hardware Building. The utility
boxes are located in the alley south of the Sabbatini Building and
the Lane Parcel. (The utilities will also cross a 5' by .5' vacant
parcel to the east of the Vacant Strip, but that parcel is not part
of Applicant's amended Application.)
B.
SUBDIVISION EXEMPTION FOR
LOT LINE ADJUSTMENT
1. Code Requirements Section 7- 1003(A)(1) of the
Aspen Land Use Code ( "Code ") provides for a subdivision exemption
for the adjustment of a lot line between contiguous lots that are
under separate ownership if certain review standards are met. The
lot line adjustments sought are between contiguous lots under
separate ownership.
2. Review Standards A lot line adjustment shall be
exempt from subdivision if the following conditions are met:
a .
b.
between adjacent Parcels. The two boundary changes
requested are insubstantial in nature and are to
bring actual boundary lines as established by
existing structures into conformance with the title
lines between the adjacent parcels. In each case,
the boundary line is being moved only .5' from the
title line because the existing buildings already
occupy the additional .5' of the adjacent property.
Provide written consent to the Application. Both
landowners to this Application, as is evidenced by
the Agreement attached hereto as Exhibit A, consent
to the lot line adjustments.
C. It is demonstrated that the request is to address
specific hardship_ As explained above, the lot line
adjustments will enable the Applicant to connect
essential utility services for the renovation and
reconstruction of the Aspen Hardware Building. The
most efficient and economical means of connecting
such services is to bring them from the utility
boxes located in the alley south of the Sabbatini
Building and the Lane Parcel north across the Lane
Parcel and then west into the back of the Hardware
Building at the southeast corner of the Collins
Block. Without such access, the additional cost to
Applicant will be approximately $50,000.00 to bring
utility services from the utility boxes west along
the alley into Mill Street, then north on Mill
Street and then east into the front of the Aspen
Hardware Building. In addition to the hardship to
the Applicant, this will also require disruptive
excavation in the alley and on Mill Street, causing
an inconvenience to citizens and a disruption of
traffic.
d.
conformity of the lot. The corrected plat
reflecting the lot line adjustments will meet the
standards of this division and conform to the
requirements of this chapter, including the
dimensional requirements of the CC Zone. The
proposed subdivision will be consistent both with
the Aspen Area Comprehensive Plan and the character
of existing land uses in the area. It will not
adversely affect the future development of
surrounding areas, and will be in compliance with
all other applicable requirements of this chapter.
e .
development. The lot line adjustment will not
provide the opportunity to create a new lot for
resale or development. It merely establishes the
record title lines as those established by the
existing structures. In addition, the adjustment
will allow utilization by the Applicant of the small
.5' x 4.6' Vacant Strip as the most efficient and
economical means of connecting essential utility
services to the existing Aspen Hardware Building.
C.
CONCLUSION
For all of the foregoing reasons, the subdivision
exemption for the lot line adjustments should be approved. The lot
line adjustments will confirm the 1968 Agreement that established
the boundary lines between the properties to coincide with the
location of the line between the respective buildings on the
properties. They will establish the title lines to conform with
the existing structures located on both the respective parcels.
Finally, the adjustments will provide the most efficient and
economical means of connecting essential utility services to the
Applicant's building.
sincerely yours,
GARFIELD & HECHT, P.C.
Catherine H. McMahon, attorney for
the Applicant
c: \chm \lu \baldwin.app
EXHIBIT A
AGREEMENT
THIS AGREEMENT is made this j day of August, 1989
between Harley Baldwin ( "Baldwin ") and Sabbatini Sport, Inc., a
Colorado corporation, ( "Sabbatini Sport ").
RECITALS
A. Baldwin is the record owner of the real property
known as the Collins Block and the Lane Parcel, which property is
legally described on Exhibit " A" hereto; and
B. A building commonly known as the Aspen Hardware
Building is located on the Collins Block; and
C. Sabbatini Sport is the record owner of the real
property located to the south of the Collins Block and to the west
of the Lane Parcel ( "Sabbatini Parcel "), which property is legally
described on Exhibit "B" hereto; and
D. The building located on the Sabbatini Parcel
commonly known as the Sabbatini Building encroaches eastward onto
the Lane Parcel approximately .5' from east to west and
approximately 19.5' from north to south; and
E. An Agreement dated April 22, 1968 and recorded on
February 18, 1969 in Book 239 at Page 436 in the real estate
records of Pitkin County, Colorado, established the boundary line
between the Collins Block and the Sabbatini Parcel (the 11 1968
Agreement ") to coincide with the location of the line between the
abutting Sabbatini Building and the Aspen Hardware Building,
including a metal shed, which line is approximately .5' south of
the title line and extends approximately 85.67' from west to east
between the two buildings; and
F. There exists a vacant strip of land on the Sabbatini
Parcel to the north of the Sabbatini Building and to the south and
east of the Collins Block approximately .5' from north to south and
approximately 9.6' from east to west (the "Vacant Strip ,, ); and
G. The most efficient and economigal means of
connecting essential utility services for the renovation and
reconstruction of the Aspen Hardware Building is to bring such
services from the utility boxes located in the alley south of the
Sabbatini Building and the Lane Parcel north across the Lane Parcel
and then west across the Vacant Strip into the back of the Aspen
Hardware Building, utilizing the back or east wall of the Sabbatini
Building to affix, attach, and install the requisite utility
equipment; and
If. The back or east wall of the Sabbatini Building
contains a vent that is utilized by that building; and
I. The parties wish to adjust the title lines between
their respective properties to (1) confirm the 1968 Agreement, (2)
conform with the existing structures located thereon, and (3) allow
utilization by Baldwin of the back or east wall of the Sabbatini
Building and the, Vacant Strip for purposes of affixing and
connecting essential utility services to the Aspen Hardware
Building.
NOW, THEREFORE, in consideration of the covenants and
agreements hereinafter set forth, it is agreed as follows:
1. Baldwin hereby agrees to convey by bargain and sale
deed to ' Sabbatini Sport a portion on the west side of the Lane
Parcel approximately .5' from east to west and 19.5' from north to
south, which portion is legally described on the deed attached as
Exhibit "C" hereto.
2. Sabbatini Sport hereby agrees to convey by bargain
and sale deed to Baldwin a portion on the north side of the
Sabbatini Parcel approximately .5' from north to south and
approximately 95.27' from west to east, which portion is legally
described on the deed attached as Exhibit "D" hereto.
3. Baldwin warrants and represents that in utilization
of the back or east wall of the Sabbatini Building to affix, attach
and install the requisite utility equipment for the use of the
Aspen Hardware Building, Baldwin shall either (i) keep the existing
vent on the east wall of the Sabbatini Building in place and
operational, or (ii) reroute the vent to the top of the Sabbatini
Building at Baldwin's sole cost and expense. In the event that the
Sabbatini Building is demolished or remodelled, Baldwin shall
remove all utility equipment from the east wall of the Sabbatini
Building at his sole cost and expense.
4. The bargain and sale deeds referred to in paragraphs
1 and 2 herein shall be executed simultaneously with the execution
of this Agreement and deposited with Albert Kern, attorney for
Sabbatini Sport ( "Kern "), pending final approval by the Aspen City
Council of Baldwin's Land Use Application for Subdivision Exemption
for Lot Line Adjustments ( "Application "). Upon final approval of
the Application Kern shall record the deeds with the Pitkin County
Recorder. In the event that final approval is not granted within
one (1) year, Kern shall return the deeds to the parties that
executed them and this Agreement shall be null and „void.
5. The Application shall be promptly submitted by
Baldwin and pursued at his sole cost and expense upon execution of
this Agreement. Sabbatini Sport shall fully and timely cooperate
with Baldwin's efforts to obtain final approval, including, but not
limited to, consenting to or joining in the Application and
executing any and all documents in connection therewith.
6. Sabbatini Sport represents that it is the record
owner of the Sabbatini Parcel subject to the 1968 Agreement and
that said parcel is free and clear of any trust deeds, mortgages,
liens and judgments.
2
7. Baldwin represents that he is the record owner of
the Collins Block and Lane Parcel and that said parcel is free and
clear of any trust deeds, mortgages, liens and judgments other than
the Deed of Trust, Assignment of Rents and Security Agreement and
Financing Statement of Central Bank of Aspen, N.A., recorded in
Book 588 at Pages 173, 188 and 192 on March 20, 1989 in the real
estate records of Pitkin County, Colorado (the "Security
Documents "). Prior to the recording of the deeds described in
paragraph 3 above, Baldwin shall obtain from Central Bank partial
releases or amendments to the Security Documents, the effect of
which will enable Baldwin to convey in accordance with paragraph
1 herein free and clear of any and all liens:
8. Sabbatini Sport represents that it is a corporation
duly incorporated under the laws of Colorado with the power and
authority to enter into and execute this Agreement.
9. This Agreement is not in conflict with any other
contract or agreement of the parties hereto.
10. In the event of the breach of this Agreement by
either party hereto, the other party shall be entitled to any and
all remedies allowable under the law, including, but not limited
to, specific performance.
11. This Agreement and the rights and obligations of the
parties hereunder shall be interpreted and construed in accordance
with the laws of the State of Colorado. In the event of any
dispute arising out of this Agreement, the prevailing party shall
be awarded its costs and attorneys' fees.
12. This Agreement shall be binding on and inure to the
benefit of the heirs, executors, legal representatives, successors
and assigns of the parties.
IN WITNESS WHEREOF, the parties have executed this
Agreement the day and year first written above.
SABBATINI SPORT, INC.
Y V BY:
HARLEY BALD IN DEXTER WILLIAMS, President
c: \chm \re \baldwin.agt
LAND USE APPLICATION FOR SUBDIVISION
EXEMPTION FOR LOT LINE ADJUSTMENTS
BETWEEN ASPEN HARDWARE AND SABBATINI BUILDINGS
SECTION I.
LETTER OF APPLICATION
August _, 1989
Aspen City Council
C/o Pitkin County Planning office
210 South Galena Street
Aspen, Colorado 81611
RE: Land Use Application for Subdivision Exemption for Lot
Line Adjustments between Aspen Hardware and Sabbatini
Buildings
Dear Council Members:
Enclosed are two (2) copies of the above - captioned
Application, together with the processing fee in the amount of
$700.00. The Applicant's name and address is:
Harley Baldwin
205 South Galena Street
Aspen, Colorado 81611
(303) 920 -1800
The Applicant's representative is:
Catherine H. McMahon
Garfield & Hecht, P.C.
601 East Hyman Avenue
Aspen, Colorado 81611
(303) 925 -1936
Please schedule the hearing on the Council's agenda on the
earliest possible date. We request that the matter be placed on
the consent agenda, as the overall development of the Collins
Block and Lane Parcel is subject to further extensive review by
both Planning and Zoning and the Council.
Thank you.
Sinc rely yours,
Ha ley Baldwin
CHM /km
Enclosure
SECTION II.
LAND USE APPLICATION FORM
jUllitAlt U 1
' USE APPLICATION FUM
v
Project Name Aspen Hardware Building /Sabbatini Building
Project location 204 -208 South Mill, Lots A, B, C, D & E, Block 88
(indicate street address,
appropriate)
lot &block rnmber, legal description wh Block &Lane Parcel:
Present Zoning CC
Col nns
8,321 + sq. ft.
4) Int Size Sabbatini: 1, 900 + sq. ft.
Applicant's Name, Address & Phone # Harley Baldwin, 205 South Galena Stre
Aspen, Colorado 81611 920 -1800
Representative's Name, Add & Anon # Catherine H. McMahon Garfield & Hecht, P.C.,
601 East Hyman Avenuee AsPen, Colorado 81611 925 -1936
I) Type of Application (please check all that apply):
Conditional Use _ concept SPA Conc eptual Historic Dev.
_ Special Review Final SPA
8040 Greenline _ Conceptual PUD
Stream Margin _ Final AID
Maintain View Plane Subdivision
C _ Text/Map Amendment
Final Historic Dev.
Minor Historic Dev.
Historic Denoliticn
Historic Designation .
GM;93 Allotment
101--spirit,/Lot Luce
_ GCS EmMpticn
Adjustment
8) I>escripticei of Existing Uses (ember and type of eciat;rn stxuctames;
app sq. ft.; amber of bednoo s; any Previous aPprvvals granted to the
property) -
The Aspen Hardware Building (located on the Collins Block) and Sabbatini
Building are adjacent commercial buildings, and the Lane Parcel located
[U]
he east of the Sabbatini Building contains a
on the Collins Block and Lane Parcel are pre
shed.
er renovation.
9) Description of Development Applications
This Application seeks lot line adjustments between the Collins Block and
Sabbatini Building and between the Sabbatini Building an d the Lane Parcel
behind and to th east of it.
10) Have you attached the following?
X RRsperLse to Attachment 2, minim= submiss Contents
X Response to Attadtn n 3, Specific Submission Contents
X Response to Attachment 4, Review Standards for Your Application
r-
SECTION III.
STREET ADDRESS AND
LEGAL DESCRIPTION OF THE PROPERTY
1 11
Collins Block and Lane Parcel: Aspen Hardware Building and
storage shed
STREET ADDRESS
204 South Mill Street
Aspen, Colorado 81611
LEGAL DESCRIPTION
See Exhibit A attached hereto
Sabbatini Building:
STREET ADDRESS
208 South Mill Street
Aspen, Colorado 81611
LEGAL DESCRIPTION
See Exhibit B attached hereto
d . EXIIIBIT A
It
PARCEL A:
Tho florih 00.00 feet of Lois A, D and C, Block 00, CITY AND
101INS IIE Of ASPEN,
EXCEPT - That porilon of sold Lot C conveyed by Timrle 14orcantlle
Company, a New Mexico corporallou, and Nlgh Country Lumber Co., a
Colorado corporatlon, to Kuri' Bresnitz and Lof1e Bresnitz by iho
Quit Claim Deed recordod May 22, 1974, In Dook 207 at Pago 425.
.PARCEL D:
Beginning al Corner No. 1 which Is the Souiheasl corner of Lot D
in Block 80 of iho CITY AM - 101111SI1E Or ASPEN, and - Ihe Soulhwesl
corner of Loi' E Ur sold Block 00;
thence running along 1ho Sou boundary of said Lot D in a
fieslerly direction a distance of 24.00 foot to Corner No. 2;
(hence running In a Ilortherly direction parallel io •the West
boundary of said Lot D a distance of 20.00 feet lo'Corner Ale. 3;
ihence ruiihing In an Easiorly direction parallel io the South—
boundary of sold Lots D and E a distance of 41.00 foot to Corner
Mo..4;
ihence running in a Souihoriy direction parallel to the East -
boundary of sold Lot E a distance of 20.00 foot to Corner No. 5;
•Ihenco running In a Westerly direction along the South boundary•
of said Lot E a distance of i7.U0 feet to Corner No. 1, the place
of begliming.
PARCEL C:
The South - twenty (20.00) feet of the East tirirleon (13.00) feel
of Lot E, Block 80, CITY ANU 1OW14SIlE Or ASPEN.
PARCEL D:
The Soulir twenty (20.00) feet of the East twenty five (25.00)
foot of Lot D, Block 00, CITY ANU 1OVINSITE Or ASPEN.
EXHIBIT B
The south 20 feet of Lots A, B and C and the west 5 feet of the
south 20 feet of Lot D all in Block 88, City and Townsite of Aspen,
Colorado. Subject to the terms of Agreement dated April 22, 1968
and recorded in Book 239 at Page 436.
County of Pitkin, State of Colorado.
i'
4
SECTION IV.
DISCLOSURE OF OWNERSHIP OF PROPERTY
Recurded at Il 1#~ - lock PM? 26' 7 K 0b' !Pp6E 0'
R„cehtiun No `I r 2 -
SILVIA DAVIS PITKIN COUNTY RECORDER
WARRANTY DEED
THIS DEED, made this �S� do
Hardware & Supply Company, Inc.,
County of Pitkin and State of
Baldwin whose legal address is
Galena, Aspen, Colorado 81611 of
of Colorado, Grantee:
y of March, 1989, between Aspen
a Colorado Corporation of the
Colorado, Grantor, and Harley
The Brand Building, 205 South
the County of Pitkin and State
WITNESSETH, that the Grantor for and in consideration of the
sum of Ten Dollars and other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, has
granted, bargained, sold and conveyed, and by these presents does
grant, bargain, sell, convey and confirm, unto the Grantee, h
1Leirs and assigns forever, all the real property t09OL11ar with
improvements, if any, situate, lying and being in 'the County of
Pitkin and State of Colorado described as follows:
The real property described on Exhibit A attached
hereto and incorporated herein by this reference
as known by street and number as: 204 South Mill Street, Aspen,
Colorado.
TOGETHER with all and singular the hereditaments and
appurtenances thereto belonging, or in anywise appertaining, and
the reversion and reversions, remainder and remainders, rents,
issues and profits thereof, and all the estate, right, title,
interest, claim and demand whatsoever of the Grantor, either in
law or equity, of, in and to the above bargained premises, with
the hereditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained
heirs
described, with the appurtenances, unto the Grantee,
and assigns forever. And the Grantor, for itself, its heirs, and
personal representatives, does covenant, grant, bargain, and
agree to and with the Grantee, his heirs and assigns, thal� at the
time of the ensealing and delivery of these presents, it is well
seized of the premises above conveyed, has good, sure, perfect,
absolute and indefeasible estate of inheritance, in law, in fee
simple, and has good right, full power and lawful auth(" i.ty to
grant, bargain, sell and convey the same in manner and form as
aforesaid, and that the same are free and clear from all former
and other grants, bargains, sales, liens, taxes, assessments,
encumbrances and restrictions of whatever kind or nature soever,
except taxes due and payable for 1989 and subsequent years; any
tax, special assessment, charge or lien imposed for wdLer or
sewer service or for any other special taxing district for 1989
and subsequent years; reservations contained in Deed from the
City of Aspen as follows: no title shall be hereby acquired to
any mine of gold, silver, cinnabar or copper or z to__any valid
mining claim or possession held under existing laws, ss;Isp.tr;forth :y,..I "1
i
i f
MM 2 019W
680N J U 1 FA6E
in instruments recorded in Book 79 at Page 32, in Book 59 at Page
307; any loss or damages as a result of Ordinance No. 11 (Series
of 1987) which repeals and reenacts Section 24 -9 of the Municipal
Code, titled, Historic Designation.
The Grantor shall and will WARRANT AND FOREVER DEFEND the
above - bargained premises in the quiet and peaceable possession of
the Grantee, his heirs and assigns, against all and every person
or persons lawfully claiming the whole or any part thereof;
provided, however, that the Receiver executing this Deed on
behalf of Grantor shall have no personal liability for any claim
by Grantee, his successors or assigns arising for any reason
whatsoever under this Deed and Grantee, his successors and
assigns shall have recourse only against Aspen Hardware and
Supply Company, Inc. as Grantor hereunder. The singular number
shall include the plural, the plural the singular, and the use of
any gender shall be applicable to all genders.
IN WITNESS WHEREOF, the Grantor has executed this deed on
the date set forth above.
ASPEN HARDWARE AND SUPPLY COMPANY,
INC., a C rado Corporation
By:
Robert Camp, Receiver
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
Subscribed and sworn to before me this
1989, by Aspen Hardware and Supply Company,
Corporation by Robert Camp, Receiver.
Witness my hand and official seal.
My commission expires: I013 /qU
y ;�. RY o
at. KV. iy� r ry
14 day of March,
Inc., a Colorado
Notary Publ c
7 'c of
EXHIBIT "A ":TO.'WARRANTY DEED
li'80 feet of Lots A, B and C. Block 88, City and 11C1nimO
The Nort Deed
a spen (excepting that portion of said Lot C conveyed by Q uit
recorded in Book 287 at Page 425. of Pitkin County Records)
And a Parcel described ass
Beginning at Corner No. 1 which is the Southeast corner of Lot D in r of
ad ti Sot Lot in said 1i Block y thence orunningo along e n and tileSouthaBoundlarysofCLote1) in
n Westerly direction a distance of 24 feet to Corner No. 2,
thence running in a Northerly direction parallel to the West Boundary
of said Lot D a distance oP 20 feet to Corner No. 3,
South
thence running in an Easterly direction parallel to the Boundary
of said Lots D and E a distance of 41 feet to Corner No. 4, thence
running in a Southerly direction parallel to the East boundary of said
Lot fi a distance of 20 tietSouthnBoundaryrofl� said run in a distance of
17 f direction along to Corner No. 1, g the place of beginning;
17 fet
and
Tile South Twenty (20) feet of the East Thirteen (13) feet of Lot
lettered "E" in Block B e, City and.Townsite of Aspen;
and
Tl;e South Twenty (20) feet of the East Twenty Five (25) feet of Lot
lettered "D" in ,Block 88, City',and Townsite of Aspen.
CITY AND TOWNSITE OF ASPEN,
COUNTY OF PITKIN,
STATE OF COLORADO
- -,- 'PITKIN COUNTY TITLE, Inc.
Title Insurance Company
Vincent J. Higens 601 E. Hopkins, Aspen, Colorado 61611
President (303 925 -1766 • (3 03) 925 -6527 FAX
MEMORANDUM OF OW�ERSHIP- ACCOMMODATION NO LIABILITY
OR THE SOLE USE OF:
ARFIELD AND HECHT
,01 E. HYMAN AVENUE
iSPEN, COLORADO 81611
Christina M. Davis
Vice President
PLEASE DIRECT CORRESPONDENCE TO:
PITKIN COUNTY TITLE, INC.
MICHAEL G. VEITCH
601 E. HOPKINS AVE.
ASPEN, COLORADO 81611
(303) 925 -1766 FAX (303) 925 -6527
]ESCRIPTION:
THE SOTH 20 FEET OF ALL IN U BLOCK 88, CITY L AND TOWNSITE OF COLORADO. SUBJECT ETO SOUTH 20 THE TERMSEOFOF LOT
AGREEMENT DATED APRIL 22, 1968 AND RECORDED IN BOOK 239 AT PAGE 436.
COUNTY OF PITKIN, STATE OF COLORADO
GRANTEE IN THE LAST INSTRUMENT APPARENTLY TRANSFERRING OWNERSHIP:
SABBATINI SPORT, INC. A COLORADO CORPORATION
TRUST DEEDS AND MORTGAGES APPARENTLY UNRELEASED:
NONE
LIENS AND JUDGEMENTS (AGAINST LAST GRANTEE) APPARENTLY UNRELEASED:
NONE
INFORMATIO
Y OUR ATION.
WITHOUT
REFERENCE TO, OR EXAMINATION OF, INSTRUMENTS WHICH PURPORTS TO AFFECT THE REAL PROPERTY.
THE INFORMATION IS NEITHER GUARANTEED NOR CERTIFIED, AND IS NOT AN ABSTRACT OF TITLE ,
_OPINION OF TITLE, NOR A GUARANTY OF TITLE, AND OUR LIABILITY IS LIMITED TO THE AMOUNT OF
THE FEES. THIS REPORT DOES NOT INCLUDE U.C.C. FILINGS.
SECTION V.
VICINITY MAP
4
E o4
0
° n
.41
n!�
A L
Y.
jg
IS NIVV4
ii
?Ab SW
�- 59
l ,� N
Fr
` �\�� Z
97
Ir-
SECTION VI.
EXPLANATION OF PROPOSED DEVELOPMENT COMPLIANCE
C.
A.
INTRODUCTION
The Applicant owns two parcels of land, the Collins Block
and the Lane Parcel. At the present time, the Aspen Hardware
Building is located on the Collins Block and a storage shed is
located on the Lane Parcel. The latter structure will be
demolished in order to provide affordable housing in conjunction
with the proposed renovation of the Aspen Hardware Building.
The Sabbatini Building is located to the south of the
Collins Block and to the west of the Lane Parcel. As the Agreement
attached hereto as Exhibit A indicates, the Applicant and the owner
of the parcel on which the Sabbatini Building is located (the
"Sabbatini Parcel") wish to adjust the title boundary lines between
their respective properties for three reasons.
First, they wish to confirm an Agreement dated April 22,
1968 and recorded on February 18, 1969 in Book 239 at Page 436 in
the Pitkin County real estate records that established the boundary
line between the Collins Block and the Sabbatini Parcel to coincide
with the location of the line between the Sabbatini and Aspen
Hardware Buildings, which line is approximately .5' south of the
title line and extends between the two buildings. approximately athey r
dotted redline west
on the Plat
in Section VIII herein.)
Second, they want the title lines to conform with the
existing structures located on the respective parcels. The
Sabbatini Parcel extends an additional 9.6' east of the 85.67'
boundary line established by the 1968 Agreement (see
for the dotted
green line on the Plat in Section VIII herein) of
95.27' from east to west, at which point it meets the Lane Parcel.
In addition, the Sabbatini Building encroaches eastward onto the
Lane Parcel approximately .5' from east to west and approximately
19.5' from north to south on the southern portion of the Lane
Parcel. (See the dotted blue line on the Plat in Section VIII
herein.) Accordingly, the parties wish to adjust the title
boundary lines to conform with the existing Sabbatini Building.
Finally, the 9.6' vacant strip to the north of the
Sabbatini Building on the Sabbatini Parcel ( "Vacant Strip ", as
outlined in yellow on the Plat in Section VIII herein), provides
the most efficient and economical means of connecting essential
utility services for the renovation and reconstruction of the Aspen
Hardware Building. The utility boxes are located in the alley
south of the Sabbatini Building and the Lane Parcel.
B.
SUBDIVISION EXEMPTION FOR
LOT LINE ADJUSTMENT
1. Code Requirements Section 7- 1003(A)(1) of the
Aspen Land Use Code ( "Code ") provides for a subdivision exemption
for the adjustment of a lot line between contiguous lots that are
in review under separate ow if t to between s ta n dards contiguous r 1 is under
lot line adj
separate ownership.
Z, Review Standards. A lot line adjustment shall be
exempt from subdivision if the following conditions are me t:
r.
or is to permiL alt
be tween adjacent parcels. The two boundary changes
requested are insubsta in nature and are to
bring actual boundary lines as established by
existing structures into conformance with the title
lines between the adjacent parcels. In each case,
the boundary line is being moved only .5' from the
title line because the existing buildings already
occupy the additional .5' of the adjacent property.
b. Both landowners wnose ��� ���•�- - --
rovide written consent to the as is evidenced by
landowners to this Application, consent
the Agreement attached hereto as Exhibit A,
to the lot line adjustments. address
c. It is demonstrated that the re ugst is lot line
c fic hardship. As explained above,
adjustments will enable the Applicant to connect
essential utility services for the renovation and
reconstruction of the Aspen Hardware Building. The
most efficient and economical means of connecting
such services is to bring them from the utility
boxes located in the alley south of the Sabbatini
Building and the Lane Parcel north across the Lane
into
Parcel and then west across the i thout such
the back of the Hardware Building• Applicant will be
access, the additional cost to App ilit services
approximately $50,000.00 to bring Y
from the utility boxes west along the alley into
Mill Street, then north on Mill Street and then east
in
into the front of the Aspen Hardware Bu tis will
addition to the hardship to the App
also require disruptive excavation in the alley and
on Mill Street, causing an inconvenience to citizens
and a disruption of traffic.
d.
except in cas—
in which the adjustment will Thelncorrectede plat
conformit of the lot.
reflecting the lot line adjustments will meet the
standards of this division and conform to the
requirements of this chapter, including the
dimensional requirements of the CC Zone. The
proposed subdivision will be consistent both with
the Aspen Area Comprehensive Plan and the character
of existing land uses in the area. It will not
adversely affect the future development of
surrounding f this chapter.
all other chapter.
e .
0 ortuni -U ,- •• -° -
devel`t• The lot line adjustment will not
provide the opportunity to create a new lot for
resale or development. It merely establishes the
record title lines as those established by the
existing structures. In addition, the adjustment
will allow utilization by the Applicant of the small
.5' x 9.6' Vacant Strip as the most efficient and
economical means of connecting essential utility
services to the existing Aspen Hardware Building.
C.
CONCLUSION
For all of the foregoing reasons, the subdivision
exemption for the lot line adjustments should be approved. The lot
line adjustments will confirm the 196 emen coincide twith ablished
the boundary lines between the properties the
location of the line between the respective buildings on the
properties. They will establish the title lines to conform with
the existing structures located on both the respective parcels.
Finally, the adjustments will provide the most efficient and
economical means of connecting essential utility services to the
Applicant's building.
Sincerely yours,
GARFIELD & HECHT, P.C.
Catherine H. McMahon, attorney for
the Applicant
c: \chm \lu \baldwin.app
r .A.
EXHIBIT A r
AGRE�T U�
THIS AGREEMENT is made this _ day of August, 1989
between Harley Baldwin ( "Baldwin ") and Sabbatini Sport, Inc., a
Colorado corporation, ( "Sabbatini Sport ").
RECITALS
A. Baldwin is the record owner of the ri cYe l p roper is
known as the Collins Block and the Lane Parcel,
legally described on Exhibit "A hereto; and
B. A building commonly known as the Aspen Hardware
Building is located on the Collins Block; and
C. Sabbatini Sport is the record owner of the real
property located to the south of the Collins Block and to th egal t
of the Lane Parcel ( "Sabbatini Parcel"), which
described on Exhibit "B" hereto; and
D. The building located onen the beastwardParcel onto
commonly known as the Sabbatini Building encroaches from east to west and
the Lane Parcel approximately •5'
approximately 19.5' from north to south; and
E. An Agreement dated April 22, 1968 and recorded on
February 18, 1969 in Book 239 at Page 436 in the real estate
records of Pitkin County, Colorado, established the boun he"1968
between the to ° coincide with h a a
of the line between the
Agreement ")
en abutting Sabbatini Building and the Asp oximately r 5'
including a metal shed, which approximately 85.67' from west to east
the title line and extends
between the two buildings; and
F. There exists a vacant strip of land on the Sabbatini
Parcel to the north of the Sabbatini Building and to the south and
east of the Collins Block approximately .5' from
"Vacant Strip"); uth and
approximately 9.6' from east to west t
G. The most efficient and economical means of
services for and
connecting essential Utilit Buildiny is bring such
reconstruction of the Asp en
services from the utility boxes located in the alley south of the
Sabbatini Building and the Lane Parcel north across ane Parcel
s the
and then west acro utilizing the back or east wall of the Sabbatini
Hardware Building,
Building to affix, attach, and install the requisite utility
equipment; and
H. The back or east wall of the Sabbatini Building
contains a vent that is utilized by that building; and
I. The parties wish to adjust the title lines between
their respective properties to (1) confirm the 1968 Agreement, (2)
conform with the existing structures located thereon, and (3)
utilization by Baldwin of the back or east wall of the Sabbatini
Building and the Vacant Strip for purposes of affixing and
connecting essential utility services to the Aspen Hardware
Building.
NOW, THEREFORE, in consideration of the covenants and
agreements hereinafter set forth, it is agreed as follows:
1. Baldwin hereby agrees to convey by bargain and sale
deed to Sabbatini Sport a portion on the west side of the Lane
Parcel approximately .5' from east to west and 19.5' from north to
south, which portion is legally described on the deed attached as
Exhibit "C" hereto.
2. Sabbatini Sport hereby agrees to convey by bargain
and sale deed to Baldwin a portion on the north side of the
Sabbatini Parcel approximately .5' from north to south and
approximately 95.27' from west to east, which portion is legally
described on the deed attached as Exhibit "D" hereto.
3. Baldwin warrants and represents that in utilization
of the back or east wall of the Sabbatini Building
for to affix
use of attach
and install the requisite utility equipment the
Aspen Hardware Building, Baldwin shall either (i) keep the existing
vent on the east wall of the Sabbatini in place and
i Bu
operational, or (ii) reroute the vent to the top of the Sabbatini
Building at Baldwin's sole cost and expense. in the event that the
Sabbatini Building is demolished or remodelled, Baldwin shall
remove all utility equipment from the east wall o Sabbatini
f the
Building at his sole cost and expense.
q. The bargain and sale deeds referred to in paragraphs
1 and 2 herein shall be executed simultaneously with the execution
for
of this Agreement Kern "), pending final approvaleby / the Aspen City
Sabbatini Sport ("Kern"),
Council of Baldwin s Land Use App lication for Subdivision Exemption
for Lot Line Adjustments ( "Application "). Upon final approval of
unty
the Application Kern shall record the deeds
r with
is the Pitki within
Recorder. In the event that final approval
one (1) year, Kern shall return the deeds to the parties that
executed them and this Agreement shall be null and „void.
5. The Application shall be promptly submitted by
Baldwin and pursued at his sole cost and expense upon execution of
this Agreement. Sabbatini Sport shall fully and cooperate
not
with Baldwin's efforts to obtain final app Application and
limited to, consenting to or joining in the App
executing any and all documents in connection therewith.
6. Sabbatini Sport represents that it is the record
that r said the
parcel Sabbatini
s free and cleabr7oft Agreement
any trust deeds,
liens and judgments.
2
7. Baldwin represents that he is the record owner of
the Collins Block and Lane Parcel and that said parcel is free and
clear of any trust'deeds, mortgages, liens and judgments other than
the Deed of Trust, Assignment of Rents and Security Agreement and
Financing Statement of Central Bank of Aspen, N.A., recorded in
Book 588 at Pages 173, 188 and 192 on March 20, 1989 in the real
estate records of Pitkin County, Colorado (the "Security
Documents "). Prior to the recording of the deeds described in
paragraph 3 above, Baldwin shall obtain from Central Bank partial
releases or amendments to the Security Documents, the effect of
which will enable Baldwin to convey in accordance with paragraph
1 herein free and clear of any and all liens.
8. Sabbatini Sport represents that it is a corporation
duly incorporated under the laws of Colorado with the power and
authority to enter into and execute this Agreement.
9. This Agreement is not in conflict with any other
contract or agreement of the parties hereto.
10. In the event of the breach of this Agreement by
either party hereto, the other party shall be entitled to any and
all remedies allowable under the law, including, but not limited
to, specific performance.
11. This Agreement and the rights and obligations of the
parties hereunder shall be interpreted and construed in accordance
with the laws of the State of Colorado. In the event of any
dispute arising out of this Agreement, the prevailing party shall
be awarded its costs and attorneys' fees.
12. This Agreement shall be binding on and inure to the
benefit of the heirs, executors, legal representatives, successors
and assigns of the parties.
IN WITNESS WHEREOF, the parties have executed this
Agreement the day and year first written above.
SABBATINI SPORT, INC.
' CGt yC� BY:
HARLEY BAL IN DEXTER WILLIAMS, President
c: \chm \re \baldwin.agt
SECTION VII.
PRE - APPLICATION CONFERENCE SUMMARY
PROJECT:
APPLICAN
REPRESENTATIVE1''SS' PHONE: y
OWNER'S NAME:
SUMMARY
�
1. Type of Application ) -
2. Describe action /type of development being c requested:���
s X11
c
COn��
3. A eas is which Applicant `has b
types of reports requested:
Policy Area/
Referral Agent Comments
V 1_
requeste to respond,
4. Review is: (P &Z Only)` CC Only (P &Z then to CC)
5. Public Hearing: (YES) (NO)
6. Number of copies of the application to ubmitted:
7. What fee was applicant requested to submit:
8. Anticipated date of submission: g�
9. COMMENTS /UNIJQE CON ERNS
frm.pre_app
CITY OF ASPEN
PRE - APPLICATION CONFERENCE SUMMARY
SECTION VIII.
SUBDIVISION EXEMPTION PLAT
ASPEN /PITKIN PLANNING OFFICE
130 S. Galena Street
Aspen, Colorado 81611
(303) 920 -5090
October 11, 1989
Catherine McMahon
Garfield & Hecht
601 E. Hyman
Aspen, CO 81611
RE: Collins Block Lot Line Adjustment
Dear Catherine,
This is to inform you that the Planning Office has completed its
preliminary review of the captioned application. We have
determined that this application is complete.
We have scheduled this application for review by the Aspen City
Council at a public hearing on Monday, November 13, 1989 at a
meeting to begin at 5:00 pm. The Friday before the meeting date,
we will call to inform you that a copy of the memo pertaining to
your application is available at the Planning Office.
If you have any questions, please call Leslie Lamont, the planner
assigned to your case.
Sincerely,
Debbie Skehan
Administrative Assistant
1 ,
I%WI
IJDG(G) iJ,r�
TO: City Attorney
City Engineer
FROM: Leslie Lamont, Planning Office
RE: Collins Block Lot Line Adjustment
DATE: October 11, 1989
Attached for your review and comments is an application from
Catherine McMahon on behalf of her client, Harley Baldwin,
requesting approval of a lot line adjustment.
Please review this information and return your comments no later
than October 30, 1989. Thank you.
b
t � � o n 7
w L
I
a
in
v �-
oc
41 6
;I O Q N
3Z� W�
o Z 3�
040 N
7
W - m
� � w 4-
\. Q c�
us -Z
W
I
£ °
OD
l ( 39bZfC1S (tl
$I f r a
OD
I_
�
U
J
ao 6 m
J
u Q
z
J
lil
J
to
I r
F
L'
L ZZ d s�
r �
r xin3 N I 9 IZ