Loading...
HomeMy WebLinkAboutLand Use Case.CU.320 W Main St.07A-88 '? ASPEN / PITKIN COMMUNITY DEVELOPMENT DEPARTMENT October 1, 2001 Ms. Caroline McDonald 320 West Main Street Aspen, Colorado 81611 RE: Restaurant Use at 320 West Main Street Dear Caroline: - Thank you for your inquiry as to the status of your current land use approval for your property located at 320 West Main Street, Aspen, Colorado and in the Office Zone District with a Main Street Historic District overlay. Upon research through city records and conference with the City of Aspen Attorney, this letter shall serve as a confirmation from the City of Aspen Community Development Department that your property continues to maintain a Conditional Use approval for a restaurant as originally granted. This is also memorialized via a document entitled "Declaration of Restrictive Covenants," which has been recorded in the Pitkin County Clerk & Recorder's Office in Book #585, Page 489 on February 7, 1989. (Please see "Attached. ") Please note, according to the City of Aspen Land Use Code ( "Code "), if you wish to change from a restaurant use to another use, either a permitted or use, there are certain land use approvals you may need to seek. I might suggest that you contact the Community Development Department if you have any questions or requests to do so in the future. Feel free to contact me if you have any questions regarding this letter (920 - 5102). Regards, • Fred Jarman City of Aspen, Planner 130 SOUTH GALENA STREET • ASPEN, COLORADO 81611 -1975 • PHDNE'970.920.5090 • FAX 970.920.5439 Printed on Recycled Paper L wf ` v �M Recorded a< -7" coax 585 Palu489 R:cepbon No t7 1 ` ; . SILYIA DAVIS MEN COUNTY RECORDER DECLaRATION OF DR4TRICTIyE COVENANT$ t '.? The City of Aspen, Colorado, a municipal corperstion, and ( " , Scott and Caroline McDonald, husband and wife, as joint tenants, _ " ,? f � all as their interests may appear (hereinafter "Covenantors "),' . ' for themselves and their heirs, administrators, successors and _ �+• r ; assigns, do covenant and hereby restrict the below- ducrlbed real property as follows: 1. Covenantors are the legal and equitable owners of the T - following-described real property, and the improvements located - thereon: Lots p,R,S, Block 44 of the Original Township of Aspen, Colorado; ,' i 4 ' s" also known as , 300 W. Main Street s' ',4-.' Aspen, Colorado 81611 '' 2• The above- described property shall be restricted in the i # *.. following manner: ,r a) The property shall be granted "historic landmark" p" '4 ;13 designation, and the attached residential unit shall be restricted as an conditional /accessory use to the restaurant, primarily for the use of the restaurant �` owner /manager or an employee; however, the owner will 1 ; have the right to rent out the unit primarily to ■ 10 4 permanent employees of the community. Further, the • . .' property shall not be condominiumixed for long as the j* owners, their heirs, administrators, assigns, and successors enjoy the conditional use granted heYeinabova. • �,; 3 The covenants contained herein shall run with the land u ._ and shall be binding on all parties having any right, title or t .. interest in the above - described property or any part hereof, and ; '3 their administrators, representatives, successors and assigns, d for the period of fifty (50) years from the date these covenants restrictions and conditions are recorded. 1 ,� i s 4 The covenants contained herein shall not be released or waived in any respect or modified or amended during the ! � , z they are binding except by the City of Aspen, which action ; be reflected by Resolution of the City Council of the City of Aspen. ,,.;� S. In any legal proceeding to enforce the provisions of t ?_' these covenants, restrictions and conditions, the prevailing party shall be entitled to recover its costs and fees therein, w0 C s „. �. including its reasonable attorneys fees and expert witness fees. ■ • f• ■ t Ib'Cj °', • • ;.'gam r • - s , . . 585 jj 90x 585 'P GE 4...:1 IN WITNESS WHEREOF, the pa ies hereto have set their hands and seals this /0C of , 1988. COVENANTOR: THE CITY OF ASPEN, COLORADO By j E ;G . William L. Stirling, Mayor ATTEST: Kathryn Koch, City Clerk AP;•OVED AS TO FORM: -\ •aul J. - -.dune City Atto - =y COVENANTOR: 1 Caroline McDonald r �� Scott McDonald STATE OF COLORADO ) ss. County of Pitkin ) Subscribed and sworn to before me this ,�- day of ` Jv- --�- , 1988, by Scott and Caroline McDonal h ,,,,,, WITNESS MY HAND AND OFFICIAL SEAL. %,. - l Y .,� fi t } My commission expires: 1 ( �� u' y G \ : , c d. c ' rotary Public , '14.. �\ �/'y ' �1 c17, Cg C _ 1 ?u /- \ 1 1�,w...� Ir r.rquVU t 1 Address v0/27/2000 03:16 5032332469 MCDONALD INC PAGE 01 2trJ +gzmaYv 3� L.,- � � le 1;1 Recoroedad l o'eb L 5 C� etu .o P2GE4Si) Rxeption No - I t't{ mil` - 7 Slaw DAVIS PR)UN =MY RED)RDER e DCCURATION OF Rt,� t N The City of Aspen, Colorado, • municipal corperrtion, and Scott and Carolina McDonald, husband and vice, as joint tensat•, •11 as their Interests may eppesr (hereinafter ^Covenantors "), for triangle's ! . a•si a n their has, administrators, successors and propert es follows and hereby by restrict the below-described real 1. Covenantors ere the legal and equitable owners of the to llevinq - described real property, and the improvements located thereon: Colorado( Lots a,R,a, Block 44 of the Original Township of Aspen, also known a. 300 Y. Main Street Aspen, Colorado 01611 2. The sh^- •.._described Property shall be restricted in the f manner; 3 a) The property shall be granted "historic landmark^ designation, and the attached residentia restricted as an conditional /accessory unit use ato be the restaurant, primarily for the use of the restaurant ; owner /manager or an em to ee have P Y however, the owner wijl _..e right to rent out the unit • en ua o h red f roperty .ball not be condominius or - I • ilk Own ers, their heirs, administrators, assigns, and r( a sUCCessore enjoy the conditional use r herelhaboveE 3 The covenants contained herein shall run with t S and shall be binding on all parties having any right, title or interest in the above - described property or an their a v s, dministrators, re resentati Y part and a n for t • Sod of rift So he date th en designss, , � , restrictions and con o ) Years on • recorde troll' the Gate thee. covenants, ed. e The covenants contained herein shall not be released or valved in any r. ^ct or modified or amended during the period they are binding except by the City of Aspen, which action shall be reflected by Resolution of the City Council of the City of ; Aspen. 5 . In any legal proceeding to enforce the provisions of these covenants, restrictions and condition., the prevailing party shall be entitled to recover its costs and tees therein, . including its re:—..able attorneys fees and expert with..■ fees, 1 1. 1 1 dn,� , h pn��5 0 r , / it. i t) bt-.r i < 17 c" D 40 Grad.tn�e. 14C IO6" -( � - . � /{35 -G I go-0 16$ • ., 1 C /v n v.- q7O gag $i-t•k? I t , ■ • • . 111111 ASPEN • PITKIN 8 1994 PLANNING & ZONING DEPARTMENT Scott and Caroline McDonald 300 W. Main Street Aspen, CO 81611 Re: 300 W. Main Zoning Change Request Dear Mr. & Mrs. McDonald: • Attached are two memoranda written in summary of our meeting on 7 December 1994. The first was written immediately after the meeting; the second, in response to your letter received shortly thereafter. I do hope that the memoranda and our meeting serve to clarify that although staff is prepared to support a development application for the use you have in mind, permitting the retail use without further review would be inconsistent with the Aspen Code and the Aspen Area Community Plan. I would look forward to an opportunity to assist you with a development proposal. Please let me know if I may provide any additional information or assistance. Very truly yours, Stan Clauson, AICP, ASLA Community Development Director City of Aspen • • cc: Amy Margerum, City Manager • Leslie Lamont, Deputy C.D. Director Attachments • 130 SOUTH GALENA STREET • ASPEN, COLORADO 81611 • PHONE 303.920.5090 • FAX 303.920.5197 MEMORANDUM TO: Amy Margerum, City Manager FROM: Stan Clauson, City C.D. Director DATE: 8 December 1994 RE: McDonald Zoning Change Request Scott and Caroline McDonald appeared before Council at the meeting of 28 November 1994. At that time they presented a letter and commentary alleging staff delay in a review of the permitted uses in the Main Street "Office" zone, where their property is located. The letter further requested that the City Manager and Council provide comments with respect to this request. Staff in Community Development were charged with providing a response. Stan Clauson solicited a response from Cindy Houben who had been in contact with the McDonald's following their original request for zoning changes in the district on 8 March 1983. Cindy states that she had indicated to the McDonald's that the City Council had made GMQS amendments the priority for her work program, although use changes to the "Office" zone did need to be made. The McDonald's appear to have been apprised that they could apply for development approval for their proposal and incorporate into that application a request for any necessary zoning changes. It further appears that the McDonald's did not want to apply for conditional use approval and associated changes. What they wanted was for staff to initiate an ordinance change to establish a hierarchy of uses such that their existing conditional approval for a restaurant would constitute de facto approval for a retail use, based on the concept that a retail use was inherently less intense than a restaurant use. Leslie Lamont and Stan Clauson met with the McDonald's on Wednesday, 7 December. At the meeting, the McDonald's discussed the delay which they believed had been imposed on their change of use request. They referred to a tape which they provided of the public comment portion of the City Council meeting of 8 March 1993, and repeatedly urged staff to listen to the tape. They indicated the tape contained a mandate from Council to address their problem through the review and expansion of possible uses in the "Office" zone. Stan Clauson apologized for any delay which they had experienced. He further stated that it seemed reasonable to him to consider an amendment to the zoning ordinance which might permit limited additional retail uses in the "Office" zone, limited to historic buildings and subject to a conditional use review by Planning & Zoning. Clauson further suggested that if the McDonald's wanted to apply for a conditional use permit to allow a restricted retail use such as they proposed, that he would support the proposal in the amendment process. This position was based on the fact that some limited retail uses are presently listed as conditional uses for historic buildings. These include antique store, bookstore, florist, and other specific retail related uses. The exclusion of general retail would appear to be somewhat arbitrary, and it is the planning director's opinion that some expansion of retail use might be included under the historic structure conditional use provision of the district. However, in discussion with the McDonald's it became clear that they were concerned to retain the existing conditional use for a restaurant, even as a new conditional use is established. Leslie Lamont indicated that under the general provisions of the Aspen Code relating to use, when a new conditional (or permitted) use is established, the existing conditional use lapses. The reason for this is that any conditional use is considered to carry sufficient potential impact on abutters that a public hearing is warranted and these impacts vary from among differing uses. This interpretation was later confirmed with the City Attorney. In further discussion, it became clear that the applicants wanted what would amount to three changes to the Aspen code: 1. inclusion of a retail use such as they propose in the "Office" zone; 2. a provision that if a new use is established, the old use remains vested in perpetuity; and 3. the development of a use hierarchy such that if a more intensive use has been permitted, then a use deemed to be less intensive would be permitted of right without further review, regardless of the zoning district. It became clear that the applicant's desire was to establish their intended retail use without further review and, moreover, to be able to revert to their previous restaurant use at such time as they wished. Staff indicated that the zoning changes implicit in this request went beyond any revision to the table of uses for the "Office" zone, and would be contrary to the basis for zoning review in all city districts. The applicant's became quite intent in their belief that Council had mandated this level of review of the ordinance at their meeting of 8 March 1993, and urged staff to review the tape they had provided. They indicated that they believed they had not been dealt with in a fair manner by the city. Leslie Lamont offered several times to provide the required application materials and information so that they could implement the necessary zoning changes and development approvals. She indicated that this would permit them to take control of their proposal for their property. The applicants declined these materials. Subsequently, staff reviewed the tape which had been provided. In the exchange during Citizen 2 Comments, Mr. McDonald expresses his interest in developing a retail use for his property and proposes a hierarchy of permissibility such as described above. The City Manager replies that zoning amendments based on the Aspen Area Community Plan are in the process of development. Mayor Bennett asks Diane Moore, then planning director, if these amendments could be reported to Council at a subsequent meeting. Diane Moore replies in effect that the range of amendments being contemplated are wide - ranging and would take some time to prepare. Council Member Frank Peters requests that a simple determination be made as to whether some expansion of retail uses could be made in this zone. He further notes that, with conditional use review and HPC involvement, it would be unlikely that inappropriate development would be permitted. In sum, the mandate from Council is a narrow one: to look at the possibility of some further expansion of retail uses under the conditional use provisions. Staff would be pleased to be immediately responsive to this approach. Unfortunately, it does not appear to satisfy the full request of the McDonald's in their desire for de facto approval and vested rights to the previous use. Staff believes that these additional requested changes would result in a radical alteration of the current review capabilities under the Aspen Code. Staff does not find support for these amendments in the AACP and does not recommend them to Council. 3 MEMORANDUM TO: Amy Margerum, City Manager FROM: Stan Clauson, City C.D. Directoe DATE: 8 December 1994 RE: Response to Scott and Caroline McDonald's Letter Dated 7 December 1994 Staff prepared a memorandum to the City Manager summarizing the discussion which took place at meeting between Stan Clauson, Leslie Lamont, and Scott and Caroline McDonald on 7 December 1994. The memo details the joining changes implicit in the McDonald's request for approval of a retail use on Main Street, and provides a staff recommendation. Subsequent to the preparation of the memo, a letter was received from Scott and Caroline McDonald presenting issues which they feel were raised at the meeting. This memorandum is in response to that letter, dated 7 December 1994. The McDonalds summarize the meeting in four numbered points. Listed below are the four points, along with staff commentary: 1. That the City will entertain conditional change of use from a restaurant to retail for the Log Cabin. At the meeting, Stan Clauson indicated that he would provide a report favoring the inclusion of additional limited retail uses as part of the list of conditional uses for landmarked historic structures in the "Office" zone. This would support a conditional use designation to which the McDonalds could direct an application for conditional use approval. 2. The city will require the McDonalds to abide by current ordinance requirements, to go through P and Z review (parking and housing mitigation) if change of use from retail back to a restaurant occurs... . The property is required to abide by current ordinance requirements. Section 7 -303 of the Aspen Code provides that "each conditional use shall be evaluated by the commission for compliance with the standards and conditions set forth in this division." This is interpreted by the Planning Director and the City Attorney to mean that each application for a change in use, or change back to a former use, requires conditional use review by the Planning and Zoning Commission. Any review by the Planning and Zoning Commission requires compliance 1 with the provisions of the Aspen Code then currently in effect, including parking and housing mitigation. There is a provision for an "insubstantial amendment of a development order." However, as described in Section 7 -308, this is "limited to changes in the operation of a conditional use." This is not interpreted to include a change in use. All other amendments are to be approved by the Planning and Zoning Commission subject to the provisions for conditional use review. 3. ... if the Log Cabin remains idle as a restaurant for any length of time, there is the possibility of losing our conditional use as a restaurant. At the meeting, the length of time for vesting of a site specific development plan approval was identified as three years. The Aspen Code is silent as to whether an approved and established conditional use is considered to be abandoned if discontinued for any period of time. Therefore, in the opinion of the City Attorney, the use of the property as a restaurant could be reestablished at any time, consistent with the provisions of the original approval, as long as there is no other intervening development approval for the property. 4. ... staff members did not address the issues presented by us to the council on March 8, 1993. The city council's instructions to city staff and staff's action plan resulting from these instructions were not addressed at this meeting (12/7/94). We requested staff to review the March 8th, 1993 Grassroots video tape relevant to this issue... . Staff believes that they did address the issues by explaining to the McDonalds that they would support a site specific development application, including a zoning amendment which would provide for additional specific retail uses. The McDonalds desire to accomplish their change of use without a development application presents a situation which could only be resolved by major revisions in the scope and concept of the present Code. Staff does not recommend these changes to provide for (1) a hierarchy of uses with automatic rights to uses which are regarded as less intense, and (2) the right of reversion, without review, to previously approved conditional uses. Staff did review the tape provided by the McDonalds and do not find that Council mandated an investigation of these issues. Rather, Council Member Frank Peters, asked that a review of the possibility of including specific additional retail uses in the "Office" zone. Council Member Peters also noted that he felt that additional retail uses might be permitted without danger to the district because of the conditional use review associated with landmark structures. He, therefore, appeared to believe that this review would be a valuable part of any expanded retail use. Staff believes that their response to the applicants is consistent with this position. Staff will provide this memorandum and that of 7 December 1994 in response to the McDonalds request for a summary of conclusions relating to the 7 December meeting. cc: John Worcester, City Attorney 2 RECEIVED UEC -7 SS24 c i ty2 9 4 City Mann- der /stayer: Office Date :Dec . 7 1994 DISTRIBUTED TO: To: The City of Aspen: Manager City Attorney City Council Response By: By Date: From: Scott and Caroline McDonald `or Subject: Summary of the 12/7/94 meeting with City Staff, Leslie Lamont, Stan Claussen, and Scott and Caroline McDonald, addressing the issue brought forth to the City Council on November 28, 1994. Reference: Letters from the McDonald's to The Aspen City Council: dated March 8, 1993 and Nov. 8,1994 , and the Grassroots edited tape of March 8, 1993. Written response from The City of Aspen is requested by the McDonalds for the following summary of conclusions of the aforementioned 12/7/94 meeting. Summarizing our meeting with staff Members on Dec. 7, 1996, we arrived at the following conclusions: 1. That the City will entertain conditional change of use from a restaurant to retail for the Log Cabin. 2.The city will require the McDonalds to abide by current ordinance requirements, to go through P and Z review (parking and employee housing mitigation) if change of use from retail back to a restaurant occurs. P and Z mitigation would be too financially burdensome. The requested change of use to retail under current city polices can not, for our family, be monetarily justified if return to use as a restaurant is planed at a later date. 3. Brought up at this meeting, that if the Log Cabin remains idle as a restaurant for any length of time, there is the possibility of losing our conditional use as restaurant. Subsequently,while we try to resolve this issue with the City we must have a letter from the City to us stating our liabilities in this matter. 4. It is our opinion that staff members did not address the issues presented by us to the council on March 8,1993. The city council's instructions to city staff and staff's action plan resulting from these instructions were not addressed at this meeting (12/7/94). We requested staff to review the March 8th, 1993 Grassroots video tape relevant to this issue (1st 5 minutes of tape). Sincerely, Scott and Caroline McDonald fr 4/ DRAFT RECORD OF PROCEEDINGS PLANNING & ZONING APRIL 26, 1988 MCDONALD CONDITIONAL USE AND SPECIAL REVIEW (CONT.) MOTION Jasmine: I would entertain a motion to recommend historic designation of this property with the dwelling unit being considered an accessory use to the restaurant operation with the intention that the dwelling unit be primarily for the use of the present owner /managers but that they would have the option to their "employees of the restaurant" and that therefore they are fulfilling the employee housing requirement although not at any particular income level and that they would have the opportunity to have caretakers or rentals in there should it be necessary for them to leave town. David: I so move. Michael: So long as there is an accessory use there that there will not be condominiumization. There should be that provision on that. -- David: I so amend my motion. Roger: There are other issues we should discuss. Jasmine: The other issues fall under conditional use. Steve: Yea. You could just deal with them under conditional use if you feel comfortable with the designation. Roger: I second the motion. Jasmine asked if there was further discussion. The motion is to recommend historic designation of this property recognizing that the dwelling is an accessory use primarily intended for the owners /managers of the restaurant who are also the employees of the restaurant. And that therefor they are fulfilling an employee housing requirement but not necessarily at a particular income level and that they would have the right to rent out the dwelling unit should conditions arise which make that necessary and that as long as the property during the period of this conditional use is not to be condominiumized. Cindy: So they have the ability to rent it out and it does not have to be rented out to an employee of the community. Jasmine: It should be rented out to a long term resident of the community. PZM4.26.88 Cindy: It depends on what your intent is. Jasmine: As opposed to a short term. David: I think that what we are saying is by are not condominiumizing it, we are putting it as a dwelling unit of the business - -kind of an accessory use. And then by not putting any kind of lease restrictions on it they could if they were in the off season and they close the restaurant they could rent it out to somebody. But basically you put it as an accessory use to the restaurant, it kind of ties in. Jasmine: We could put more specifically "And specifically not intended for short term tourist use ". Cindy: Is it not intended for that or is it specifically really intended that it somehow is going to provide housing without any price restriction on it to someone who is a permanent resident of the community. Jasmine: Well, the idea that generally it is going to be the people themselves living in it. And if they have to leave town and need somebody to take care of it - -they aren't going to be there for a couple of months and want to rent it out, I don't think anybody sees a problem with that. Chances it would be a long term resident. They are not going to hire somebody who just comes in from Oklahoma to take care of their house. Cindy: In the guidelines it does talk about - -I have worked with some condominiumization in the County out at ABC but what happened there is they didn't want to condominiumize it and let people just rent it short term or people outside of the community. They wanted to hold it as housing that would be providing housing for the permanent residents of the community. So they just said you have to be a resident of the community in order to rent this space. But being a permanent resident of the community really means having been here for 30 days and working in the community. That is all it means. Michael: What happens if they hire a cook and he comes in and they leave to California and he lives there? Cindy: If he hired him, he lives there and that is great. It would meet that criteria. Mari: I am not even sure we should specify all that stuff. I don't know why we can't just be happy that they are not going to condominiumize it and just approve the conditional use. 2 PZM4.26.88 Michael: I agree. Jasmine: We have a motion on the floor and we do have a second. So we can certainly take a vote on it. Michael: Does your motion include a long term permanent resident? David: I don't think that any of us have wanted to restrict it any more than just saying it is an accessory use connected to the restaurant and won't be condominiumized. All those things cover the short term. It is not condominiumized and can't sell it off and all the other things that we see that we don't want. Roger: You left only one thing out and that is that by it being accessory use of the restaurant that we have found that that satisfies the employee housing requirement. David: As an accessory use of the restaurant satisfies employee requirement. Steve: One of the concerns about it is the enforceability of it and the mechanism of creating this animal - -this is a recommendation to the City Council who is going to take some zoning action and I think that the most pertinent question is to ask the applicants if this is something they are basically comfortable with and willing to volunteer as part of the historic designation in order to do the restaurant. Caroline: It is my understanding that saying accessory use isn't limiting us to if we had to leave town and wanted somebody to stay in the place it is not limiting us to who we have, how much we charge, when it is or any of that. This statement is the criteria in saying that as long as we have conditional use we will never condominiumize the property which is totally acceptable and understandable for us. Steve: So this action assumes that the follow up would be that at Council level, you would actually prepare a legal instrument restricting the unit. Scott: We would present a notarized statement to that effect. Jasmine: So we have a motion to which the applicant has agreed. I will submit it to a vote: All voted in favor of the motion. 3 To: The Aspen City Council. From: Scott and Caroline McDonald Date: March 8, 1993 Subject: #1 Creation of a hierarchy of commercial uses . #2 Revision of 0 -Zone conditional uses. #1 Today there does not exist a hierarchy of uses , for example restaurant use requires more parking and employees than does retail and so Is a higher use. If an owner of a historical property wishes to change use of his property without development he presently must go before P & Z even if the proposed use is equal to or less than before. The fundamental purpose of P & Z Is to be a mechanism by which the impact of a development on the community may be assessed by ordinance. Based on this assessment P & Z Is to determine what requirements by ordinance are needed by the developer for the specific use. If a business is proposing a use change equal to or less than the original granted use and is not proposing development which would add to the properties use load that business should not be penalized by government and required to go before P & Z again. We are requesting City Council for a listed hierarchy of uses to facilitate business use change without P & Z Involvement. #2 The fundamental purpose of granting conditional uses to historical designated properties is an Impetus to the preservation of those properties and the Historical character of the town. Without conditional uses many Historic properties would disappear due to the inherent high maintenance, inefficient use of area and low Investment return. In the past decade the business profile of Aspen has changed drastically. Chain stores have moved in and high end merchandise and T -shirt shops have displaced local businesses and amendments, at which point we could address our problem. Cindy Houban was assigned as our contact with the city. Cindy when questioned by us if her staff employed milestones to manage and track their workload,replied they used timelines. To our knowledge the scheduled meetings addressing the code amendments relevant to us never occurred. At two month intervals, per Cindy's instructions, my wife would call planning as to the status of addressing this issue. She was assured by Cindy that in the next few months we could meet with staff and begin . This reply by Cindy was echoed each time to Caroline at two month intervals. After 14 months of inquiry, Cindy notified Caroline to request from the City Council an additional planner for she did not have time to attend to this matter. We request from the Council and the City Manager their comments regarding this matter. Sincerely , Scott and Caroline McDonald 2 Aspen Planning and Zoning Commission April 19, 1988 MCDONALD HISTORIC DESIGNATION AND CONDITIONAL USE Ms. Tygre opened the public hearing. Jim Colombo stepped down due to a potential conflict of interest. Steve Burstein, planning office, presented a site plan showing the parking plan, the original house, and the expansion. Ms. Tygre introduced a letter from the adjacent neighbors supporting the project. There is a letter from Ruth Whyte, also adjacent, listing concerns about doubling the size of this structure, including roof and height, parking and access. Burstein told the Board there are 3 aspects to the application; historic landmark designation, conditional use for the restaurant, and special review for reduction of parking. Burstein told P & Z this application is to convert the existing house of 1400 square feet into a 50 seat restaurant /bar, and to build a 2300 square foot addition for a four bedroom residence. Burstein said HPC has reviewed the application for historic compatibility. HPC has granted conceptual approval with condi- tions. The HPC is still working with the applicant on meeting the conditions of conceptual approval. HPC has recommended historic designation. This house was built in 1944. There are unique / features to the house which make is eligible for historic designa- tion. It is a good example of rustic architecture. The house is visible from Main street and contributes to the character of Main street. Historic designation is a zoning classification, so P & Z recommends designation to Council. Ms. Tygre said historic designation does allow certain uses in order to encourage preservation. The P & Z was concerned about size of additions to historic structures. Ms. Tygre said she thought there was a limit to the size of expansions to historic structures. Burstein said there is no limit. The discussion focused on the mitigation of employee housing impact. Ms. Tygre said the P & Z also discussed the size of the expansion. Burstein said Council discussed putting a cap on the expansion but decided HPC has the historic compatibility criteria under which to review each project. Ms. Tygre said above a certain amount of square footage addition, a project gets into the GMP issues. Burstein said this is being reviewed under the old code. Ms. Peyton moved to recommend to Council historic designation of this property; seconded by Ms. Markalunas. Ms. Tygre said she is concerned that historic designation opens up growth impacts that are not controlled by P & Z. 6 Aspen Planning and Zoning Commission April 19, 1988 Ms. Peyton withdrew her motion in order to hear the applicant's presentation. I Scott McDonald told Council the addition is 1700 square feet of living space and 160 square feet will be used for the kitchen. The intent of this project is to use the original structure for a restaurant. The structure is currently a four bedroom house. The addition will be a four bedroom house. McDonald said there is about 6000 square feet open space on the lot. They have enlarged the garage to accommodate two cars and two small dumpsters. There will also be 3 parking spaces for the restaurant. McDonald said there are a number of large spruce trees on the property, which limit where the addition can go. Hunt said he feels there should be 10 feet between this and the building to the west. McDonald went over the storage in the basement and the service area. Ms. Tygre opened the public hearing on the historic designation and conditional use of 300 West Main street. There were no comments. Ms. Tygre closed the public hearing. Hunt reiterated his concern about the lack of 10 feet between the building to the west. White said the housing authority has requested there be some mitigation of the employees generated by l this new restaurant. Ms. Tygre said this building is worth preserving; however, to what extent is the Commission willing to give other considerations that are applied to buildings that are not historic. Ms. Tygre said when historic designation is granted to this building, the city loses control over things like employee housing generation created by the ability the commission would have in the code. Ms. Tygre said she does not feel the trade offs in this project are appropriate because there are great problems in town. Herron asked if there is a way the P & Z can make a recommendation conditioned on employee housing being addressed. Burstein said the old code does not require the applicants to take care of the employee housing impact. Burstein said the McDonalds originally had an employee unit on -site but due to the bulk, they decided to delete that unit. Burstein said the 10 feet between buildings may be germane to this discussion and the conditional use concerns. The HPC is attempting to address the compatibility and are concerned about the effect of this building on the structure to the west. Ms. Tygre said her concern with the conditional use is that this project does not deal with the things she is most concerned about. Conditional use review does not include those areas of concern in the purview of P & Z. Ms. Tygre said she does not want to grant historic designation because she has no other recourse to \ mitigate impacts caused by the change in use of this building. 7 Aspen Planninci and Zoning Commission April 19, 1988 Burstein said this applicant is in the transition between the old and new codes. Burstein told the Commission he has discussed with the applicants that the new code has the intent to have employee housing mitigation. Ms. Tygre said she is also concerned with size and bulk. McDonald told the P & Z they also have the option of constructing a duplex on this lot. Caroline McDonald told the Board that she and Scott will be running the restaurant so the addition can be looked at as employee housing. Hunt said the residence is not now an employee unit. If this residence becomes designated, the community would be gaining one employee unit. McDonald said this will not be condominiumized, and a buyer would be buying the whole unit. Ms. Peyton said in this case the benefits of preserving this structure warrants action. White said he would like to figure out a way to preserve this and mitigate some of the impacts without opening up another area for the next applicant to come in an do whatever they want to do. White said a payment to cash -in -lieu for employee housing would help solve some of the concerns of the Board. Herron said 1700 square feet of bulk is not much of an issue; the question is the economics. Herron said a cash -in -lieu payment would render the project beyond the applicants desires. Herron said the Board has to decide whether they are willing to lose this piece of property 1 or to let the applicants have the restaurant and not address J employee housing as they are entitled to do under the current code. Herron suggested deed restricting the 1700 square feet to housing and for nothing else. Burstein said this could be an accessory unit of the restaurant. Ms. Tygre said 1700 square feet is not unreasonable but it is doubling the size of the existing structure. McDonald said the intent of the addition is for the owner or someone connected with the restaurant to occupy the addition. White suggested continuing this to next meeting in order to give the applicant time to come back with some conditions that may address the concerns outlined by the Board. Ms. Peyton moved to table this to a week from today; seconded by White. All in favor, motion carried. Ms. Tygre continued the public hearing. The meeting adjourned at 7:45 p.m. Kathryn S1/ Koch, City Clerk 8 Aloft A MEMORANDUM TO: Aspen City Council THRU: Robert S. Anderson, Jr., City Manager /� n FROM: Steve Burstein and Roxanne Eflin, Planning Office RE: Historic Designation and Auxiliary Reviews for 334 W. Hallam St., 300 W. Main St., and 134 W. Hopkins St. DATE: May 9, 1988 SUMMARY: The Planning Office recommends approval of Ordinance 1 (Series of 1988) on First Reading. INTRODUCTION: During the last several months three historic designation projects have been reviewed by HPC and P &Z, resulting in recommendations for historic landmark designation. A single ordinance has been prepared that would accomplish designation of all three properties. Case reviews for each application are presented below. STANDARDS FOR HISTORIC DESIGNATION: Section 7 -702 of the Municipal Code, as amended by Ordinance 5 (Series of 1988), states the following standards for designation of historic landmarks. A structure must meet one or more of these standards to be eligible for designation. Staff's comments in response to each standard are in the case review section of this memorandum. Standard 1: The structure or site is a principal or secondary structure or site commonly identified or associated with a person or an event of historic significance to the cultural., social or political history of Aspen, the State of Colorado, or the United States. Standard 2: The structure or site reflects an architectural style that is unique, distinct, or traditional Aspen character. Standard 3: The structure or site embodies the distinguishing characteristics of a significant or unique architectural type or specimen. Standard 4: The structure is a significant work of an architect whose individual work has influenced the character of Aspen. Standard 5: The structure or site is a significant component 1 and approved portions of the project, specifically the greenhouse / "sunspace" addition, which required a minor change to the east elevation, lower level original window, reconstructing the opening into a door to permit access into the sunspace. In HPC and staff's opinion, this minor change does not negate the historical integrity of the structure and the recommendation for historic landmark designation stands. Historic Evaluation Rating: "5" Note: This property has been deemed eligible for listing on the National Register of Historic Places. Response to Standards: 1. The home and carriage house are associated with Eugene Wilder of the Aspen Lumber Company (one of Aspen's oldest establishments). 2. This home was constructed c. 1885. The front elevation of this two story home is notable for its unique two story polygonal bay with segmental arched windows defined at the top by small panes of stained glass. The quality detailing throughout the front facade and its highly visible corner location make this entire property exemplary of "Victorian" residential architecture. This home is featured on the cover of the Aspen Area Comprehensive Plan: Historic Preservation Element. The carriage house and simple fenestration of the east and west facades of the main house blend together well. Carriage houses are commonly found throughout the West End, most being original and renovated in such a way as to maintain their integrity yet be utilized for modern living. 3. The Wilder House embodies the characteristics of the gabled "L" with Victorian detailing elements, identified in the Guidelines as a historical architectural style in Aspen. 4. The Wilder House was constructed from local lumber and may have been built by The Aspen Lumber Company, established c. 1880- 1885, according to Barbara Norgren, preservation consultant who prepared the National Register nomination for this property. The house displays a high degree of craftsmanship which was available in Aspen at the time of its construction. Through careful restoration of the original elements, this house retains a great deal of its original integrity. 5. The special architectural features of this home and carriage house represent the historic character of this neighborhood and Aspen at the turn -of- the - century. Its high rating ( "5 ") expresses the important relationship this structure has to the neighborhood. 3 6. The Wilder House is situated near the very center of the historic "West End" neighborhood on a prominent corner. Its size, location, and architectural features present an excellent example of Aspen's history. It has special prominence because it is viewed by summer visitors enroute along 3rd Street to the Music Tent. Historic Designation Grant: Because 334 W. Hallam received an evaluation rating of "5 ", it is eligible for a grant from the City of $2,000. The applicant has requested this grant. We have included this grant within the Ordinance. 300 West Main Location: Lots Q,R, and S of Block 44, City and Townsite of Aspen, Colorado. Zoning: 0 - Office zone district. Applicant's Request: Scott and Caroline McDonald request historic designation of the log house property. The project includes conversion of the existing 1400 square foot house into a fifty (50) seat restaurant. A two story addition, approximately 2300 square feet in size, would be attached to the north and west sides of the existing house for a four bedroom residence, garage and restaurant kitchen. A one bedroom employee unit was initially proposed within the addition, but has been deleted as a response to HPC's concerns about the bulk of the addition. Advisory Committee Actions: P &Z: The Planning and Zoning Commission recommended historic designation of 300 W. Main on April 26, 1988 recognizing that the attached residential unit is an accessory use to the restaurant, primarily for use of the restaurant owner /manager or an employee, and will not be condominiumized; however, the owner will have the right to rent out the unit primarily to permanent employees of the community. The applicant volunteered such restriction on the property as an inducement for historic designation and agreed to prepare a legal instrument establishing the restriction for review before City Council. HPC: HPC recommended historic landmark designation of 300 W. Main on February 9, 1988. On that date HPC also gave conceptual development review approval to the addition subject to several conditions. HPC continued conceptual development review to ascertain whether the conditions of approval had been met. Design changes have been made following each hearing to address concerns raised. After five meetings, HPC has directed staff to prepare a ,resolution of conceptual development approval referencing specific plans for adoption at their May 10, 1988 regular meeting. It should be noted that HPC is able to grant a requested encroachment into the rear yard set -back at Final Development 4 approval through Section 9- 103.C.2 of the Municipal Code as amended. Housing Authority: In an April 4, 1988 memorandum, Jim Adamski noted that the new code would require housing for 35% (* Changed to 60% in Ordinance 5) of the employees generated from expansion or change in use of an historic landmark. The existing code does not require any employee housing mitigation for changes in use of historic landmarks. While originally the applicant had proposed an employee housing unit, this commitment has been dropped and no employee housing mitigation would be provided. At the April 7, 1988 meeting the Housing Authority recommended that the applicant mitigate the employee housing impact that the restaurant will generate in accordance with the intent of the new code. Historic Evaluation Rating: The log house was not given a rating by HPC in January, 1987 because the evaluations focused on mining era structures. Response to Standards: 1. The applicants researched Assessor's records and concluded that the original structure on the site was built prior to 1893 and torn down some time between 1930 and 1940. The log house was built around 1944. There is no documentation that the house or site has significant historical association. 2. The house is one of the only log structures remaining in Aspen, along with the cabins at 205 S. Third Street and 527 W. Main Street. While it is newer than these other two cabins, it is in a more prominent location and setting. Log construction with chinking, the cross gable roof, and the square windows with small panes are typical of the Pioneer (1850- 1930's) and Rustic (post 1940) styles now rare in Aspen. The 1980 Inventory of Historic Sites and Structures considered the log house to possess distinctive characteristics of "type, style of architecture, and construction" and to be "a noteworthy surviving example of a style becoming rare in the locale or is identified with a street scene or other landscape." The fact that it was built so recently (1944) makes historic landmark status questionable. However, given the structure's unique status, we feel we can support the viewpoint that it meets this criteria of architectural significance. The State Historical Society's architect, Jay Yanz, reported verbally on April 5, 1988 that he considered the log house to be a "classic ". The HPC will review the proposed alterations and addition to the log house at Final Development Review to assure that the historic character of the property which is deemed worth preserving is maintained. 5 3. The log house embodies the characteristics of the rustic residential building type, which is identified in the "Historic District and Historic Landmark Development Guidelines" as an historic architectural style in Aspen. 4. It is unlikely that a house of this type was designed by an architect. The applicant's research indicates that Leo "Pope" Rowland, an old -time Aspenite and the brother of "Red" Rowland, was the primary builder of the house. John Parsons, a mason who did work throughout the Valley, is credited with building the stone fireplace and chimney. The stonework in particular is outstanding; and it may be that Mr. Parsons' work influenced other use of moss rock in and around Aspen. No research has been done to confirm this. 5. The log house is considered visually contributing to the Main Street Historic District, according to the 1980 Historic Inventory. The major spruce trees give a special, rustic character to the site and contribute to a sense of maturity, permanence and visual relief from buildings on Main Street. 6. The log house has a special prominence in the community because of its visibility on Main Street, in staff's opinion. Employee Housing Issue: .Both the Housing Authority and P &Z expressed concern over the effect of this project on affordable housing. Working with the Planning and Zoning Commission, the applicant agreed to volunteer a restriction on the attached dwelling unit to make it primarily an accessory use to the restaurant as an inducement to the City for historic designation. P &Z stated that with this agreement, the applicant is essentially mitigated employee housing impacts. The concept of this restriction has been stated in Section 2 of the attached Ordinance based on P &Z's motion. The actual deed restriction has not been drafted by the applicants at the time of writing, but will be completed prior to Second Reading of the Ordinance. Staff will have review comments on that document for Council at the Second Reading. 134 West Hopkins Location: Southeast corner of Hopkins and First, Lots K and L of Block 59, City and Townsite of Aspen, Colorado. Zoning: R -6 Applicant's Request: Julie Wyckoff and Peter Carley, contract purchasers, request historic designation of the subject property, conditional use approval and condominiumization to undertake the following project: restore the existing house on Lot K, move the house presently at 120 N. Spring Street to Lot L, add a two story addition and garage to the rear of Lot L, and create 6 separate ownerships of the two houses. Special review for reduction in required parking from five (5) spaces to four (4) spaces is also requested. Advisory Committee Actions: P &Z: On May 3, 1988 the Planning and Zoning Commission recommended historic designation of 134 W. Hopkins subject to the following condition volunteered by the applicants: The asphalt siding on 134 W. Hopkins will be removed and the old siding restored and replaced as necessary within one (1) year after historic designation. P &Z recommended approval of condominiumization, subject to five conditions discussed in the condominiumization section of this memorandum. Conditional use approval and special review for parking reduction were also granted. HPC: On January 12, 1988 the Historic Preservation Committee recommended historic landmark designation of 134 W.Hopkins Avenue subject to the condition volunteered by the applicants as stated above. HPC gave conceptual development approval for the exterior changes to the property subject to a number of conditions. It should be noted that variations from required sideyard set -backs and site coverage may be approved by HPC in their upcoming Final Development approval. Historic Evaluation Ratings: 134 W. Hopkins: "2" 120 N. Spring: "1" Response to Standards for Designation: 1. The chain of title changes presented in the application for 134 W. Hopkins gives no indication that the existing house is associated with a person or event of historical significance; however, we note that the Anderson /Loushin family has lived here since 1950. There is no documentation that the house at 120 N. Spring has significant historical association. 2. The 1980 Inventory of Historic Sites and Structures states that 134 W. Hopkins possesses historic importance by "illustrating the family /home environment and lifestyle(s) of the silver mining era." HPC gave the structure an historic evaluation rating of "2" considering the asphalt siding, the possibility that the second floor dormers were added, and the assessment that the house does not make a strong contribution to the historic character of the neighborhood, already substantially rebuilt. Hazel Loushin, one of five owners, attended the meeting. She reported that the dormers are original and the front porch had been altered. She also emphasized that the block has a mixed 7 historic /contemporary character. The small dimensions of this house, its cross gable /hipped roof and original windows and dormers make 134 W. Hopkins a good example of a miner's cottage. Removal of the asbestos siding, as intended by the applicants, would better expose the original architectural style of the house and increase its historic significance. It is likely that portions of the original siding are damaged and will need to be replaced by new siding. We think that removal of the asbestos siding is a desirable commitment on the part of the applicant. No information on 120 N. Spring was found in the 1980 Historic Inventory. The house appears in its present location on the 1886 Willits Map. HPC considered the house to have a few alterations negatively effecting its architectural significance, including partial enclosure of the porch and adding of several new windows. The primary reason for HPC's low evaluation was its location in a neighborhood no longer considered at all historical, overshadowed by the Concept 600 Building and out of scale with the nearby industrial Obermeyer Building and the Eagle's Club. 120 N. Spring possesses some architectural significance because of its simple one story gable end "shotgun" style, largely original porch, and several original windows and doors. Moving the structure into a neighborhood with other miner's cottages would actually make the house more visible to the public and increase its prominence in the new context, as we see it. In addition, this house is imminently threatened by demolition because of the 700 E. Main multi - family residential project proposed for the site. 3. These houses embody two different styles of miner's cottages. Both are unadorned structures, most notable for their simplicity, harking to the relative austerity of the working class of the silver mining era in Aspen. As part of HPC's conceptual development review, the concern was discussed whether the proposed alterations and addition would negatively effect the distinguished architectural characteristics of the houses and property. Conditions for HPC's approval were established with respect to the shed dormers, siting and height for follow -up at final development review. Staff believes that the project will consist of compatible alterations and additions not detracting from the distinguished architectural type and character of the two houses. 4. No evidence has been presented that these houses meet the standard of being significant works by influential architects . 5. The West Aspen Mountain (Shadow Mountain) neighborhood, as 8 delineated in the 1980 Historic Inventory, contains some 16 scattered historic structures within 22 blocks. Seven of those structures are within a block from the intersection of First and Hopkins. We think that the preservation of 134 W. Hopkins and adding another historic structure next door does help maintain and enhance the neighborhood's historic character, even though this is a very mixed neighborhood with low overall density of historic structures. Additionally, placing the two houses on 6,000 s.f reproduces the pattern of small houses on single lots typical of working class areas of town during the mining era. 6. The typical size and architectural styles of these two houses possess some general community significance, in our opinion. Condominiumization: Please note that condominiumization may only take place after Second reading of the historic designation ordinance. This discussion should take place at Council's subsequent meeting. 1. Referral Comments: a. Engineering Department: 1. There is a platting requirement for condominiumization. The applicant should agree to join future improvements districts. 2. A final condominiumization plat must be submitted that depicts both structures and complies with Engineering Department requirements. 3. The applicant has agreed to join any future special improvement districts. This project is in the district that requires sidewalks be installed on both frontages. - b. Housing Authority: The applicant has requested to pay the affordable housing impact fee for condominiumization rather than demonstrate that approval will not reduce the supply of low and moderate housing. The fee approach is allowed in the new code, and may be allowed by the Planning Director prior to its adoption if deemed appropriate. $11,175 would be required according to the schedule in Section 7- 1008.c(3) of the new land use code. (* The fee schedule as adopted in Ordinance 5 (Series of 1988) would require an assessment of $14,075.) On March 31, 1988 the Housing Authority recommended acceptance of the employee housing impact fee. 2. Planning Office Comments: We have reviewed this application according to Section 20 -22 of the old Municipal Code, with the exception of the affordable housing issue. Standards for review are as follows: 9 (a) Standard: Existing tenants shall be given written notice when their unit is offered for sale and right of first refusal to purchase their unit. Response: The present tenants are also the sellers of the property. This requirement does not appear to be necessary. (b) Standard: All units shall be restricted to six (6) month minimum leases with no more than two (2) shorter tenancies per year. Response: This rental restriction must be included in the Statement of Subdivision Exception: (c) Standard: The applicant shall demonstrate that approval will not reduce the supply of low and moderate income housing. Response: The existing unit would appear to fall under the low and moderate income rental guidelines. If so, the old Code would require a five year deed restriction to the appropriate income guidelines. However, the concept for employee housing mitigation has changed to an impact fee system. Consequently, charging low rent is not a disincentive to condominiumization. The Planning Office agrees with the Housing Authority that the new fee schedule should be applied to this project. The Planning and Zoning Commission recommends that the affordable housing impact fee only apply to the existing dwelling and not to the house to be relocated on the property. The Commission believe that a determination should be made that no impact on affordable housing results from moving this house so to justify that this provision of condominiumization be partially waived. Staff's understanding is that the affordable housing impact fee _ _ provision of the_ new code.appli.es_to all condominiumized units. The rationale is no longer displacement of affordable housing but rather is the activity of residential condominiumization leading to increased employees serving that project. There is a waiver provision in Section 7- 1008.c(2) if the applicant demonstrates that "the unit will remain available to employees of the community... in the form of a permanent restriction placed on the unit that the unit will only be sold to or occupied by qualified employees..." We understand that one of the co- applicants is a permanent employee of the community; however, she is not willing to make this restriction on the property. Without this commitment the Planning Office cannot support partial waiving of the affordable housing impact fee. Additionally, we do not concur with the applicants' argument that because the unit to be moved (for which a GMP exemption was granted for reconstruction as part of the 700 E. Main project) is pre- existing, that there is no impact on affordable housing and therefore, there should be no impact mitigation. 10 (d) Standard: The applicant must agree to undergo an inspection of the building or buildings by the building department regarding fire, health and safety conditions. Response: The applicants intend to do significant interior work to both units. For this reason, no inspection has been done thus far. If the units will not be renovated prior to recordation of the condominiumization plat, then the applicants should agree to have such inspection and abide by fire, health and safety requirements established by the building department. RECOMMENDATION FOR CONDOMINIUMIZATION: The Planning and Zoning Commission recommend approval of subdivision exception for the purpose of condominiumizing the two residences on 134 W. Hopkins subject to the following conditions: a. The applicant shall file a condominiumization plat with the Pitkin County Clerk and Recorder's Office meeting the requirements of Section 7- 1004.D(3) of the Municipal Code and to the satisfaction of the Engineering Department. b. The applicant shall file a statement of subdivision exception to the satisfaction of the City Attorney prior to recordation of the plat including: 1. Agreement to join any special improvements districts formed in the future. 2. Waiver from the "purchase rights of existing tenants" provision. 3. Six month minimum lease restriction with no more than two (2) shorter tenancies per year. -- -- 4. Finding that. -aa -- impact- will result on affordable housing from the house being moved, assessment of the affordable housing impact fee shall only apply to the existing house on the property (three bedrooms) according to the fee schedule in Section 7- 1008.c(3) of the Land Use Code. 5. Agreement to relocate the existing evergreen on the property and to replant a tree no less that one half the size of the existing tree if it does not survive. c. The applicant shall agree to have the structures inspected by the Building Department for fire, health and safety conditions and to abide by the Building Department's requirements prior to recordation of the plat if the applicants do not undertake renovation of the two residences before condominiumization. 11 If Council agrees with staff's recommendation on Condition b.4, it shall read as follows: 4. Payment shall be made for the affordable housing impact fee according to the fee schedule in Section 7- 1008.c(3) of the Land Use Code. RECOMMENDED MOTIONS: "Move to read Ordinance (Series -of 1988)." "Move to approve Ordinance (Series of 1988) on first Reading." CITY MANAGER'S COMMENTS: sb.134.2 12 ORDINANCE NO. (Series of 1988) AN ORDINANCE DESIGNATING 334 W. HALLAM STREET, 300 W. MAIN STREET, AND 134 W. HOPKINS STREET AS H, HISTORIC LANDMARKS PURSUANT TO CHAPTER 24, ARTICLE 7, DIVISION 7 OF THE MUNICIPAL CODE WHEREAS, owners of the real properties described as 334 W. Hallam, Lots K, L, and M, Block 42; 300 W. Main, Lots Q, R, and S, Block 44; and 134 W. Hopkins, Lots K and L, Block 59, all within the City and Township of Aspen, Colorado have filed private applications for H, Historic Landmark designation pursuant to Section 7 -704 of the Land Use Code of the City of Aspen, Colorado; and WHEREAS, each of the three properties were listed in the 1980 Inventory of Historic Sites and Structures, as amended in 1986, and two of the properties received historic evaluation ratings from the Aspen Historic Preservation Committee (hereinafter "HPC) as follows: 334 W. Hallam - "5" rating 300 W. Main - Not evaluated 134 W. Hopkins - "2" rating for existing house and "1" rating for house to be moved from 120 N. Spring St. ;and WHEREAS, owners of the real properties did voluntarily make the following cominttments YS'37id to the City to accept historic designation: 334 W. Hallam Conditions: 1. No changes will be made to the south, east and west elevation windows of the original house with the exception of the lower level east elevation window as amended and approved by HPC at final development review. 2. The carriage house will not be demolished but rehabilitated utilizing as much of the historic fabric as possible. 3. Proper maintenance and preservation of the original facade and architectural details shall be accomplished. 1 300 W. Main Condition: The attached residential unit shall be an accessory use to the restaurant, primarily for use of the restaurant owner /manager or an employee, and will not be condominiumized; however, the owner will have the right to rent out the unit primarily to permanent employees of the community. 134 W. Hopkins Condition: The asphalt siding on 134 W. Hopkins will be removed and the original siding restored and replaced as necessary within one (1) year after historic designation. ; and WHEREAS, HPC recommended historic designation of 334 W. Hallam on March 8, 1988, 300 W. Main on February 9, 1988, and 134 W. Hopkins on January 12, 1988 subject to the conditions volunteered by the owners, with the exception of the condition on 300 W. Main; and WHEREAS, the Aspen Planning and Zoning Commission recommended historic designation at duly noticed public hearings for 334 W. Hallam on May 3, 1988, 300 W. Main on April 26, 1988 and 134 W. Hopkins on May 3, 1988 subject to the conditions volunteered by the owners; and _ WHEREAS,_City,_Council Wishe.s_to pursue those recommendations and complete the designation process. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the structure at 334 W. Hallam, Lots K, L, and M, Block 42, Townsite and City of Aspen, be granted H, Historic Landmark designation upon the conditions that: 1. No changes will be made to the south, east and west elevation windows of the original house with the exception of the lower level east elevation window as amended and approved by HPC. 2 2. The carriage house will not be demolished but rehabilitated utilizing as much of the historic fabric as possible. 3. Proper maintenance and preservation of the original facade and architectural details shall be accomplished. Section 2 That the structure at 300 W. Main, Lots Q, R, and S, Block 44, City and Townsite of Aspen, be granted H, Historic Landmark designation upon the condition that: A deed - restriction shall be filed with the Pitkin County Clerk and Recorder's Office by the owners, or their successors and assigns, restricting the attached residential unit to be an accessory use to the restaurant, primarily for use of the restaurant owner /manager or an employee,; however, the owner will have the right to rent out the unit primarily to, permanent employees of the community. The property will not be condominiumized. Section 3 That the structures at 134 W. Hopkins, Lots K and L, Block 59, City and Townsite of Aspen, be granted H, Historic Landmark designation upon the condition that: The asphalt siding on 134 W. Hopkins will be removed and the original siding restored and replaced as necessary within one (1) year after historic designation. Section 4 That the Zoning District Map be amended to reflect the rezonings described in Sections 1, 2 and 3 and the Planning Director shall be authorized and directed to amend said map to reflect said rezonings. Section 5 That the Planning Director shall be directed to notify the City Clerk of such designations, who shall record among real estate records of the Pitkin County Clerk and Recorder's Office a certified copy of this Ordinance. Section 6 That if any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or 3 unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. Section 7 That a public hearing on the Ordinance shall be held on the day of , 1988, at 5:00 P.M. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing notice of the same shall be published once in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on the day of , 1988. William L. Stirling, Mayor ATTEST: Kathryn S. Koch, City Clerk FINALLY adopted, passed and approved this day of , 1988. William L. Stirling, Mayor ATTEST: Kathryn S. Koch, City Clerk sb.designation 4 '. MAY 4 ti a 605 EAST MAIN STREET ASPEN, COLORAD091611 TEL (303) 925 -4755 May 4, 1983 Ms. Roxanne Eflin Planning Office City of Aspen 130 South Galena Street Aspen, Colorado 81411 Dear Roxanne: On behalf of the owners of 334 West Hallam Avenue, Aspen, Colorado, I am requesting the monetary grant towards the renovation and restoration of the existing (proposed historically designated) building on the property. This applicaiton is made in accordance with Ordinance 42, Section 14, No. 2. If you have any questions, please call me. ;inr_e, 1 \ t+flkcc, Patricia Harris Project Manager PH :dem r( rlq (1 re V t ,4 605 EAST MAIN STREET ASPEN, COLORADO 61611 TEL: (303) 925 -4755 February 12, 1988 Mr. Steve Burstein Planning Office City of Aspen 110 South Galena Street Aspen, Colorado 81611 Re: Historic Designation and Conceptual Plan Approval 334 West Hallam Avenue Block 42, Lots K, L and M City of Aspen Dear Steve: The purpose of this letter is to present our concept for the above - referenced property. Our program is as follows: 1. Obtain historic designation for the property. 2. a. Obtain permission to demolish portions of the residential structure. b. Demolish the carriage house. 3. a. Obtain approval for the conceptual development plan (addition, enlargement and restoration) of the house. b. Obtain approval for the conceptual development plan of a carriage house, incorporating both a garage and dwelling. 1 4 2= ■ ' / Mr. Steve Burstein �g :: February 12, 1988 " ''t w ` � ` Page two. The following outline addresses all the considerations for this review process: HISTORIC LANDMARK DESIGNATION STANDARDS - Re: 24 9.3(a) (1) Historical importance The principal residence is associated with Eugene Wilder, who came to Aspen in the 1880's and was associated with the Aspen Lumber Company, one of the pioneer lumber companies in Aspen. The house was undoubtedly constructed from local lumber, and might have been built by the Aspen Lumber Company. (2) Architectural Importance Architecturally, the house is significant in that it reflects traditional Aspen character and the Victorian style prevalent when it was built. The stained glass bay window facing Wegt Hallam Avenue is unique to this architectural style. We find no evidence of architectural importance in the . carriage house. (3) Neighborhood Character The prominence of the site (Third and Hallam) and structure is important to maintaining the neighborhood and community character (the neighborhood consists of several other Victorian houses of similar scale). We will demolish portions of the main house and will conform to the STANDARDS FOR REVIEW OF DEMOLITION, Re: 'Ord. 11, Sec. 24 9.5(b)4 -6. ( 4 ) Imp act to the Neighborhood The part of the house planned for demolition is in the . middle portion of the property and at the rear of the house away from Hallam Avenue. Because of this location, the demolition will have mini impact on the character of the neighborhood. , a MAR 3' TNIFn 0T - r - - ire 1111 1 • • Illl�llnlllll�l�ll I illl , !!� c 'h am .,e16 x F 1 ..� 1 : ;f, 11 k a y 4 , 1i( =i • ?_ A P, 3 1tir i 7--j),' 1 , \ . 91a 1 1 IR Ill ri ,___,-1 , - _______, , I T in / k , — a 1 ibirrrri a ______ / g . iii ILPM � — li En I T ZZ 1.i Z r Z ZZ s II■�. V\ M In t- b Mat I a D t ii' � i 5 g8 ; w t CO < I � . i �l G i SEp� 1 4 th .S To 1 VENN I N M Ell -3 Itliim�L r V c m r C ~ la 1 L /t i o �� 1_ Z fir-- t % I 11 ,n,___,,, Ln 1 .4_ r,,,1/4:. i lk r 1 ____„/ _La., . , pL A 1 ,, . 1 '? ' i ii. 1{ e c a 41k Q i I I i i r d ra - -. B ;I . j �, Pp lit . ArzAt 1 R Ohl 1 0: 44./ ) \> ..-,,, NEI 3 ��. m , n ____.,,, ,, II - ■Ir! , 1. -- mil c :ICU �:� la D r 2 1; 1 ;1,! 1 a -! 7. , T4.1 s= D r REQUEST FOR HISTORICAL DESIG ?,TATION REOUESTOPS: SCOTT AND CAROLINE MCDONALD PROPERTY: LOG HOnT ^.l 300 W: MAIN ST. BLOCK 44 LOTS Q,R &S, REFERENCE: ATTACHED CHRONOLOGICAL HISTORY FOR 300 W. MAIN ST. HOUSE CONSTRUCTION ON 300 W. MAIN WAS COMPLETED IN 11,0214, SIX YEARS SHORT OF THE 50 YEAR REQUIREMENT, THE STRUCTURE DOES MERIT HISTORICAL DESIGNATION FOR TIIE FOLLOWING REASONS: 1. THE HOUSE IS THE ONLY PROMINENT SURVIVING CITY STRUCTURE REPRESENTATIVE OF TURN OF THE CENTURY LOG HOUSE CONSTRUCTION. MANY LOG STRUCTURES EXISTED IN VICTORIAN ASPEN AND WERE LATER SHEATHED WITH FACADES. THIS SHEATHING PRACTICE OCCURED UP TO THE MID 1060s. 2. HOUSE CONSMC'PION WAS PERFORMED BY OLD TIP.ME ASPENITE LEO "POPE" ROWLAND, "RED" ROWLANDS BROTHER, AND VALLEY MASON JOHN PARSONS. 3. THE HOUSE IS ONE OF THE FIRST HOMES BUILT IN ASPEN AFTER TIIE TURN OF THE CENTURY { r J l • THE LOG CABIP 300 WEST MAIN BLK 44 LOTS Q. R.& S. CHRONOLOGICAL HISTORICAL FACT SHEET 1893 ORIGINAL STRUCTURE ON WILITZ MAP AT EXACT SAME LOCATION ON LOTS R P; 8, OnIGINAL SHED ALSO AT MAPS LOCATION - FRAME AND CLAPBOARD 1893 ASPEN DIRECTORY SHOWS A.B. SHELLEDY, SURVEYOR AND S.A. SHELLEDY AT 304 MAIN ST. (LOTS Q.R.R-S.) STRUCTURE REBUILT OR TORN DOWN 193 -1940 ? 1937 - 1944 "ONE OF THE FIRST STRUCTURES BUILT AFTER THE 1890's" RO!::ONA MARKALU ?SAS BUILT ACCORDING TO RECORDS AND EYEWITNESS ACCOUNTS (WAREN CONNORS, ASSESSORS OFFICE) BETWEEN 1937 & 1944 1. WAREN CONNORS NOTED LEO ROWLAND BUILDING ON IT IN 1944 (COUNTY RECORDS SHOW L. R.OWLAND TAKING A LIEN ON VERA WURLS" PROPERTY IN 1937.) 2. MR. CONNORS ALSO SAW JOHN PARSON, THE VALLEYS MASON BUILDING "THE EXCEPTIONALLY LARGE AND UNUSUAL ROCK FIREPLACE" APPLICATION FOR HISTORICAL PRESERVATION APPLICANTS: SCOTT AND CAROLINE MCDONALD INTRODUCTION APPLICANTS REQUEST FOR HISTORICAL DESIGNATION OF 300 W. MAIN ST. IS PREDICATED ON THE INCENTIVE OF CONDITIONAL USE OF THE ORIGINAL STRUCTURE AS A RESTAURANT. THE HISTORICAL IMPORTANCE OF THE ORIGINAL STRUCTURE IS ENHANCED ONLY BY PUBLIC VIEWING OF THE INTERIOR. THE PRESENT HPC, P&Z, CITY COUNCIL REVIEW PROCESS DOES NOT INTEGRATE HISTORICAL DESIGNATION WITH CONDITIONAL USE OF A PROPERTY. THAT IS HISTORICAL DESIGNATION BEING CONTINGENT TO GRANTING AQONDIT IONAL- USEH- -TF4a - I - S - NECESSARY TO ALLOW ALTER- NATIVE PROPERTY DEVELOPER +ENT. IF CONDITIONAL USE FOR TEE ORIGINAL STRUCTURE AS A RESTAURANT IS DENIED ALTERNATE DEVELOPE- MENT OF THE PROPERTY MUST PROCEED. DUE TO THE CENTRAL LOCATION OF THE STRUCTURE RELATIVE TO LOTS Q, R °a S COMMERCIAL DEVELOPE- MENT WOULD _NECESSITATE DEMOLITION. UNDER THE PRESENT REVIEW PROCESS OF BEING HISTORICALLY DESIGNATED FIRST COULD ELIMINATE TEE EMOLITION OPTION OR ALTERNATE DEVELOPEL.IENT IN A REASONABLE PERIOD OF TIME. TILLS WOULD BE AN UNREASONABLE ECONOMIC HARDSHIP. THE DESIGN OF THE PROPOSED ADDITION MINIMfIZES THE VISUAL IMPACT ON THE NEIGHBORHOOD AND IS VISUALLY SUBORDINATE TO THE s r ORIGINAL STRUCTURE. THE ADDITION HAS BEEN INSET ON THE NORTH SIDE RELATIVE TO THE ORIGINAL STRUCTURE AND ADDS APPROXIMATELY 2800 SQ FT OF FLOORSPACE FOR FAMILY AND EMPLOYEE HOUSING. THAT IS A TOTAL OF APPROXIMATELY 3880 SQ FT OF EXTERNAL FLOOR SPACE OF WHICH AP.PROXIIATELY 1400 SQ FT IS THE RESTAURANT. A 9,000 SQ FT SITE IS ALLOWED 6750 SQ FT OF EXTERNAL FLOOR SPACE. THE ROOF LINE OF THE ADDITION MATCHES THE ROOF OF THE EXISTING STRUCTURE,•ROOF APEX AT 19' 10" ABOVE GRADE, 14.5 FT BELOW THE APEX OF THE ADJACENT CARRIAGE HOUSE. PITCH ROOF APEX BY CODE (24.7) MAY BE 30 FT ABOVE GRADE. ADDITION OFFSET FROM MAIN ST. IS 42.8 FT BY CODE (24.3.3, 24.3.7) THIS MAY BE 10 FT. THE OFFSET FROM THE CA_RRIA.GE HOUSE PROPERTY LINE IS 5 FT, BY CODE THIS IS 5 FT. THE ALLEY OFF SET IS 5.2 FT., BY CODE THIS IS 15 FT. CONSTPUCTIO fl TFP.I. .Fs{-FtTHE ADDI`I'rON THOSE OF THE • ORIGINAL STRUCTURE TO MINIMIZE VISUAL DETRACTION. AGAIN IN CONCLUSION THE INCENTIVE FOR THIS MODEST DEVELOPE- MENT IS TO HAVE HISTORICAL DESIGNATION CONTINGENT UPON CONDIT- IONAL USE OF THE ORIGINAL STRUCTURE AS A RESTAURANT. THE ALTERNATIVE WILL BE DEMOLITION AND PROPERTY DEVELOPEME ;T PER "0" ZONING CODES. DUE THAT OUR RESIDENCE ON THE PROPERTY WOULD NOT BE ECONOMICALLY VIABLE OR DESIRABLE THE PROPERTY WOULD BE DEVELOPED TO THE ALLOWABLE LIMITS. 1/19/88 /AG c✓ LILI✓TL5 0 --�F /PE / /7/ U ✓T 1 5' PLAAn7). b ST/F /P 5 /G.!=Wit K p . ,. y � Iz 0 T I i • :S j— : P W .� 0 t ritifiiif i . 7 • i • �"— _ o _ 1 y / A p a 2 , I j / ° a p f Imo/ v y �f \l'a m / . _ V ... \\ to s ._L_ I \ • N r_ 1 a O • n T JOHN THOMAS KELLY MAR 8 ATTORNEY AT LAW 117 SOUTH SPRING STREET - - -�� ASPEN. COLORADO 81611 -- - - -- - - - - -J TELEPHONE (30:3) 925 -1216 March 8, 1988 Mr. Steve Burstein Aspen /Pitkin Planning Office Aspen City Council Aspen Planning & Zoning Commission Re: Historic Designation Application for Conditional Use, and Condominiumization of Lots K & L Block 59, City and Townsite of Aspen Ladies and Gentlemen: This is a three -part application for historic designation by the Planning and Zoning Commission, the second is an approval for a conditional use as permitted under Ordinance 42, Series of 1977 and finally a request for approval to condominiumize the property pursuant to Section 20.22 of the Code. I will address these applications in order. Historic Designation.` Applicants request historic designation for the property as shown in the attached application from the Planning & Zoning Commission. The basic plan is to remodel the existing house situate on Lot K, and then move, pursuant to the incentive provisions of Ordinance 42, an additional historic house to Lot L. Both houses would be then extensively remodeled in a Victorian motif. Details of the plans are attached as prepared by Roger Kerr, Mr. Carley's architect. On January 12, 1988, H.P.C. recommended designation and gave conceptual approval to the plan. Roger Kerr's plans generally incorporate the H.P.C. approval. We believe our plans as attached a unique approach to restoration and preservation which is of low impact as opposed to the type of development we have seen in the West End. We are also requesting relief as permitted under Ordinance 42 for minimum setback site coverage and minimum distance between building variations as set forth on Roger Kerr's plans which are generally within the spirit of what the H.P.C. unanimously March 8, 1988 Page 2 approved at the January 12th meeting. We feel our plan is low impact, typical of the type of residential development which historically existed and fits the neighborhood well. In addition, two historic structures, which is all likelihood would be slated for destruction, will be preserved and enhanced. Accordingly, applicants hereby respectfully request historic designation approval by Planning & Zoning and conceptual approval of the plan. 2. Conditional Use Approval. Applicants further request conditional use approval pursuant to Ordinance 42 and Section 24.33 of the Code. Under the Code, the principal matters of concern in granting a condition use are as follows: A. Compatibility with the neighborhood. As stated above, we believe our plan is unique and compatible with the mixed Victorian residential nature of the neighborhood. I would refer you to our updated plans, our H.P.C. applications and the Planning Office memo recommending approval of same. I think that our general plan has been found compatible by H.P.C. and the planning staff. We would hope that P &Z would concur. We feel our plan meets the goal of preservation and restoration of the Victorian nature of our town which was the whole purpose of Ordinance 42. B. Parking. Applicants plans show parking - for o -- -- - -- - four (4) cars. - This "shaTilB" b @ more - then acTequate in view of the fact that Mr. Carley, who would own the unit on Lot L, is a part -time resident and the number of spaces exceed the number of bedrooms by one. C. Pedestrian and Vehicular Circulation. The proposed project would have little or no effect on vehicular or pedestrian circulation. On site parking is now being provided which did not exist previously. Again, this is a low- impact project with little effect on the surrounding neighborhood. D. Trash. Trash will be kept in covered bins and the property shall be covenanted against any storage of trash, debris or junk other than in the designated area. E. Water, Sewer and Other Utilities. City water, sewer and electricity are all currently available to the house on Lot K and there are no problems for obtaining them for Lot L. March 8, 1988 Page 3 F. Topography. The lots are flat and no unusual problems exist regarding snow removal or drainage. G. Compatibility with Existing Zoning. The proposed use - detached residential, is compatible with the R -6 zone and the relatively minor concessions made via Ordinance 42 are a reasonable trade off for the benefits of historical preservation and restoration received by the neighborhood. 3. Condominiumization. Finally, applicants are requesting permission to condominiumize the property pursuant to Section 20 -19 and 20 -22 of the Code. This approval would, of course, be contingent upon the approval of historical designation by P &Z, the final approval of designation by H.P.C. and the approval of the condition use incentives of Ordinance 42 as requested above. Obviously, my clients recognize that the proposed condominiumization represents a subdivision under the applicabel State statutes and the City Code. However, given the fact that the primary intent and purpose of the subdivision is to facilitate orderly and planned development and (assuming approval of the Ordinance 42 incentives requested above) the project will be within use and density requirements and we believe an exception from strict compliance with code - is - appropriate id his case. The City's concern with condominiumization is reflected in Section 20 -22. The primary thrust of the Code appears to be that there is no low to moderate tenant displacement. With regard to the house being moved to Lot L from Spring Street it was slated for demolition in any event, so it is essentially a new structure for this property and there is no tenant displacement. The existing house on Lot K has been rented by the Loushin family at a rent of $700.00 per month plus utilities. The current lease ends April 15, 1987. This house, after remodel, will be occupied by Julie Wyckoff as her primary residence. Julie is the owner /operator of "Cheap Shots" and would probably fit into the moderate income category. We would argue that there is no low to moderate income displacement because the lease will terminate in any event in April. Ultimately, the property will be improved or the house demolished and removed from the moderate rental inventory. In the event Council should find that the house March 8, 1988 Page 4 situate on Lot K does adversely affect the low to moderate income housing problem, we would be willing to mitigate this impact (insofar as the existing house on Lot K) with a cash payment as contained in the new proposed Land Use Code. This would seem appropriate mitigation in this case particularly since this will in all likelihood soon be the law in any case. My clients understand that upon condominiumization, the units shall be subject to a six -month rental restriction as provided in the Code. They further agree to join any special improvement districts which may be formed which affect the neighborhood. My clients would request approval to condominiumize, subject to meeting all of the Engineering Dept.'s requirements for the Condominium Map. Conclusion. We would hope that Planning & Zoning, H.P.C. and Council would look favorably on these applications. My clients have spent months on this project and have been involved in the formation of Ordinance 42, Series of 1987, from the start, and I believe we are among the first to come before you under the preservation ordinance! While the interaction of these applications is somewhat confusing, our goal is not. Our aim is to recreate a historical setting through the preservation ordinance in such a way as to have no - -- - - or little - lmpaet 'on" - fYie' 3ieizjfiborhood. " - total square footage is less than would be allowed for a single family house, under current zoning. We feel our plan is creative and unique and could, if approved, encourage the preservation of some of the lower- ranked historical structures and enhance the atmosphere of our town. Per your request, I enclose the following: 1. List of property owners (with stamped, addressed envelopes); 2. Updated title commitment showing ownership; 3. Plans and drawings of Roger Kerr which include data regarding our application to H.P.C. March 8, 1988 Page 5 4. Square footage calculations prepared by Roger Kerr. 5. Checks for fees as requested. If you need anything further, please contact me immediately. As you are aware, our time is short and we request a hearing at the earliest possible date. Very trul urs, JTK /og John Thomas Kelly Enclosures cc: Peter Carley Julie Wyckoff ARCHITECTURAL IMPORTANCE As one can read on the attached Sanborn map of 1904, the residential blocks north of Main Street were all 30' x 100' size and for the benefit of smaller or working class houses. There are no larger historic houses of any architectural significance in this immediate neighborhood, and we find no record of notable architects or builders having designed and built any landmark houses in this immediate vicinity. It is interesting to note however that the house constructed on Lot K is of the same design as that on Iot S, Block 52. It has the same unusual flat roof and the same roof gables and large living room windows facing onto First Street. These houses look as though they were designed and built by the same person, and by conclusion of many of the original single story "miners houses" could.suggest that the house on Lot K, Block 59 was originally constructed as a larger two story house. The construction of the existing house on Lot K has a strong rock foundation. The entire house is woodframe. The exterior walls were originally wood siding, but these have been covered with asphalt shingles, similarly the roof was a wood shingle, but has been covered with asphalt sheet. There are undesirable wrought iron supports at the front porch. There is no exterior "Victorian gingerbread" on the house. The windows are single pane, not insulated. It would be desirable to remove all asphalt and wrought iron, and recondition and /or replace the wood and roof siding to return the house to most of its original condition, and this could be • readily accomplished which will create the true sense of the house when it was first built. The existing house on Lot K is not significant when compared with some of the major historic residences in Aspen, however, it is certainly of the 1880's era and is also certainly of a design that for that immediate neighborhood is large and unusual and therefore a historic preservation in the "as is" condition is an important consideration. e TITLE CHAIN SUMMARY LOTS K AND L, BLOCK 59, ASPEN May 5, 1886 The first recorded deed appears May 5, 1886. On this date George Pearson sold lots K and L, Block 59 in the official town site of Aspen including improvements of one two roan house 12 x 24 and one barn 16 x 20 to D.M. Van Hoevenbergh for $1,000.00. January 15, 1891 Van Hoevenberg and Jerome B. Wheeler became partners. Said lots K and L, Block 59 along with numerous mining claims came under the ownership of the J.B. Wheeler Co. April 1892 Wheeler and Van Hoevenberg sold Lots K and L to Ross Pierce for $1.00. LOT K September 13, 1892 Ross Pierce sold only Lot K to Samuel Gory for $2,100.00. The selling price indicates the house and barn referred to in the first recorded deed stood on Lot K. The next year Goza sold Lot K to S.H. Finely and J.C. Rose for $1.00. July 21, 1899 Finely and Rose sold Lot K to George James for $650.00. June 5, 1914 James disappears on paper and Isaac Rosen sells Lot K, all improve- ments and furnishings except the bed and bedding "now used by me" to Christina Lindahl for $1.00 and valuable consideration. September 17, 1917 One can only speculate on "valuable consideration" because Christina Lindahl Rosen sold Lot K to August Anderson. • LOT December 16, 1895 Ross Pierce sold Lot L and "improvements thereon consisting of one one -story frame house" to Fred Buckley for $300.00. This is the first reference to any improvement on Lot L. This would indicate that the original house on Lot L was constructed by Mr. Pierce in 1893. March 19, 1896 Buckley sold Lot L and improvements to Mary Cambell for $700.00. September 6, 1905 Campbell sold Lot L to Julia Tobin for $225.00. October 18, 1912 Julie Tobin sold Lot L to D. DeMarios for $300.00. The last deed transfer on Lot L appears on October 18, 1912, and records show that August Anderson purchased Jot k on September 17, 1917. July 10, 1950 August and Anna Anderson quit claisrxd Lot L, and recorded both ownership of both Lots K and L. Notes to History - - ° -- -- Ha e ihus%in- !°U:,<y::bers her her pur -h b-L #or $50.04; and thereafter removing the wooded house on that site. NEIGHBORHOOD HISTORY AND CHARACTER Research into the lot subdivisions of Block 59, and in fact several surrounding City blocks, show that this was obviously a "working class" area with shall dwellings of the period to house area workers, probably in the mines. The lot size of all these dwellings was 30' x 100'. A title search of Lots K and L, Block 59 is attached (Title Chain Srimary) and the first records show Lots K and L being owned by a George Pearson in 1886, and there being two buildings thereon. No location of each house is given on each lot. A copy of the Sanborn map, dated 1904, is attached. This shows a dwelling on each of Lots K and L, and although the dwellings are not specifically indicated as to their use it would appear that both are residences. It is absolutely clear that the dwelling shown on Lot K in this 1904 map is the same as exists today. It is clear also, from the Sanborn map, that this whole neighborhood was for residential use. We find no designation for different zoning, commercial, residential, industrial, etc., however, from the lot layouts and all the individual addresses, we assume that all the buildings were for individual residences. ■ ll r-a � ' •i �N 1 D J , C k g 9 i N F O L r 6 N / , C u� t c o f 6 N \ c \ w �� ._ °a mat =as NC s! Q!•, 1�` 111 51 58 t' -I ' I ' LJ �� a ' 1, Y � _� N O F e R —�' , N L M N O r P 5 s N- f . . r 0 _ V t23 -70 Lie'/6 P/0-/f P /Pd ?AT 0 Panty /l0 -7 /fa PC Cr -.0 r / /0 //4 / /o-9 /M /OP 1 I J 'KP.F — ..... - --.! II r on P /F/! (if - .v P //-.9 M--5 717..7 in' /SJ-J /J/ - •D /3?£ /73 l/ /49-/7 / /S /3 ///f / r r Lii a /OP I ai p EF1 Tei „.., , a 0 1 F 6 N / \ 3 C I O E F 6 / it I M .x 1 E 52 59 / ti W v rL ref an �� ■ ti N O P R n s B• L M N O P N ti i ? s J /<e./ co .. n 724 24.71 ex -.P nee 006 -.0 roe — P4' /30 P /.R'9 29 /360 /f'ZV / /N -/6 mow / /O-d /it, I. F{ OPKINS AV. — �' -- — - - - - - — t. I 733-1/ P/9 -/7 2/931 7/79 7075 703.ro/ /359 /3/-79 /77-5 /77/ /ro-rl //.P.C ///-9 p)J /OS 70/ r. 2ii , „ _2, „ ~ •'1 I r A 0 E F G _R / 1 o k /J e c O ! F b 53 gp A �iI "'1I�= o, 1' "!lX� '( N F P P q S t fff •`. p y / M /✓ r rr O P G H b - I r - R 9 s � � I 1 1: � " �4� t I �.� I I ' I � J , IZ K I 1 J2J v i H1 " 7/ h f K _ .. ,. - i rr /00' • Jr1q c /Vr /f - . ` . . /i // J 1 4'r /CV if r 'LCr7S C4 B u l L ) N CI S ,4 s 2 V N " _ ,1 cc roger kerr and associates, I 211 pacific ave., 4t 12 aspen, co. 81611 303 925 -8289 I ALLEY BLOCK 55 I 1 __ . &a.co =p ':9.00' 1 3o,mI vy. . \ • 3 C/.5 PtJi11o:: a:; W701 rrud 04K F- 1 J5 1 N _. rc _ 1 II I , . 0 4 2 4, 1 E 1 G, l 8, 3I : ,5 0 p ‘V �Uerrit I n -=— y 1'4W PPFI`IrIi - 1. • ceo,co k' GJ 134 W HOPKIN5 AVE., - r -r GNKISy 4. JLJ14. v/;'KoFF 1 roger kern and associates. 211 pacific ave., #12 aspen, co. 816111 303 925 -8289 i 11� I l I, Il I I I I (, 1 I I I Ii 111,1,1 1I,, • ❑L J I II II r. '1 I Hid ill I I I , ilj Ii I :_ �' TZy is 1r'r� Iii ' I I • TH1' , r J ,r / . r iI illy. ���Il E � .rte . �. Ih 2`i F 1166 frafr sea' plan -/2r - . _ -la/Oki E /Q•tes-4S - Air- Car /e y" /e n E • frflf roger kern _ and associates, 211 pacific ave., 4k12 aspen, co. 81511 303 925 -8289 IA 1 it 9 _ _ -4- h ,T IY1 M1 a — - ,d i A it 1 t- s n\ ( C iil 11 I rh M I: WI l y I I i I i - '' ' ,-, .. __ _ ___ .. - _' .. d. — —_1 III i ^ k _ 141 mo i ' i X r h ?N ' I11 � 1 I� 1 r Y ' rT H i_ t H ii . ft F &I Gift A-'o oxa Plan ,c,- I ,Ef �4/s77ayl f I ,Frf ('ar /c /TAP w, /• MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Steve Burstein, Planning Office RE: McDonald Historic Designation and Conditional Use (Public hearings, continued) DATE: April 26, 1988 The Planning and Zoning Commission tabled action on the McDonald application to the April 26 meeting. The applicant will present at this meeting a proposal for the status of the attached residential unit. Please bring your April 19, 1988 packet to this meeting. s^ MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Steve Burstein, Planning Office RE: McDonald Historic Designation and Conditional Use (Public Hearings) DATE: April 19, 1988 LOCATION: 300 West Main Street, Lots Q, R, and S of Block 44, City and Townsite of Aspen. ZONING: Office zone district. SITE AND AREA DESCRIPTION: The existing log house is located towards the northwest corner of the property. Mature blue spruce trees grow in the front and side yards along Second and Main Streets. The property is basically flat and lower than the grade of Main Street and the Elisha House property to the west. Adjacent properties are residential in use, including the Elisha House to the west and two residences north across the alley. Across 2nd Street to the east is the Christmas Inn. APPLICANT'S REQUEST: Scott and Caroline McDonald request historic designation of the log house property and conditional use approval to convert the existing 1400 square foot house into a fifty (50) seat restaurant. A two story addition, approximately 2300 square feet in size, would be attached to the north and west sides of the existing house for a four bedroom residence, garage and restaurant kitchen. A one bedroom employee unit was initially proposed within the addition, but has been deleted as a response to HPC's concerns about the bulk of the addition. ACTIONS BY OTHER BOARDS: The Historic Preservation Committee recommended historic landmark designation of 300 W. Main on February 9, 1988. On that date HPC also gave conceptual development review approval to the addition subject to several conditions. HPC continued conceptual development review to ascertain whether the conditions of approval had been met. Design changes have been made following each hearing to address concerns raised. After four meetings, HPC extended the period during which the applicant can meet the conditions of approval to April 26, 1988. The Planning and Zoning Commission and the applicant should be aware that if any changes affecting the conditional use review occur as a result of further design changes from HPC's conceptual 1 r or final development reviews, then the applicant may need to return to P &Z to amend the conditional use permit, or obtain a staff sign -off pursuant to Section 24- 3.3(c). A variance request for encroachment into the rear yard set -back had been scheduled for the Board of Adjustment. The addition will extend into the 15' rear yard setback to be 5.2' from the rear (alley -side) property line. However, Section 9- 103.C.2 of the revised Land Use Code allows HPC to grant encroachments by historic landmarks in all zone districts. Consequently, the variance hearing was canceled; and HPC may grant the encroachment subject to adoption of the revised Land Use Code and Final Development approval. PROBLEM DISCUSSION: A. HISTORIC DESIGNATION: In order for the property to be eligible for the restaurant conditional use, the property must receive historic landmark designation. Standards for historic designation are stated in Section 24- 9.3(a) of the Municipal Code. Following are the Planning Office's comments in response to the standards: 1. Standard: The structure or site is commonly identified with a person or an event of historical significance to the cultural, social or political history of Aspen, the State of Colorado, or the United States. Response: The applicants researched Assessor's records and concluded that the original structure on the site was built prior to 1893 and torn down some time between 1930 and 1940. The log house was built around 1944. There is no documentation that the house or site has significant historical association. 2. Standard: The structure reflects an architectural style that is unique, distinct or of traditional Aspen character. Response: The house is one of the only log structures remaining in Aspen, along with the cabins at 205 S. Third Street and 527 W. Main Street. While it is newer than these other two cabins, it is in a more prominent location and setting. Log construction with chinking, the cross gable roof, and the square windows with small panes are typical of the Pioneer (1850- 1930's) and Rustic (post 1940) styles now rare in Aspen. The 1980 Inventory of Historic Sites and Structures considered the log house to possess distinctive characteristics of "type, style of architecture, and construction" and to be "a noteworthy surviving example of a style becoming rare in the locale or is identified with a street scene or other landscape." The fact that it was built so recently (1944) makes historic landmark status dubious. However, given the structure's unique status, we feel we can support the viewpoint that it meets this criteria of architectural significance. The State Historical Society's 2 .J architect, Jay Yanz, reported verbally on April 5, 1988 that he considered the log house to be a "classic ". The HPC continues to review the proposed alterations and addition to the log house to assure that the historic character of the property which is deemed worth preserving is maintained. 3. Standard: The structure embodies the distinguishing character- istics of a significant or unique architectural type or specimen. Response: The log house embodies the characteristics of the rustic residential building type, which is identified in the "Historic District and Historic Landmark Development Guidelines" as an historic architectural style in Aspen. 4. Standard: The structure is a significant work of an architect whose individual work has influenced the character of Aspen. Response: It is unlikely that a house of this type was designed by an architect. The applicant's research indicates that Leo "Pope" Rowland, an old -time Aspenite and the brother of "Red" Rowland, was the primary builder of the house. John Parsons, a mason who did work throughout the Valley, is credited with building the stone fireplace and chimney. The stonework in particular is outstanding; and it may be that Mr. Parsons' work influenced other use of moss rock in and around Aspen. No research has been done to confirm this. 5. Standard: The structure or site is a significant component of a historically significant neighborhood and the preservation of the structure or site is important for the maintenance of that neighborhood character. Response: The log house is considered visually contributing to the Main Street Historic District, according to the 1980 Historic Inventory. The major spruce trees give a special, rustic character to the site and contribute to a sense of maturity, permanence and visual relief from buildings on Main Street. 6. Standard: The structure or site is critical to the preserva- tion of the character of the Aspen community because of its relationship in terms of size, location, and architectural similarity to other structures or sites of historical or archi- tectural importance. Response: The log house has a special prominence in the community because of its visibility on Main Street, in staff's opinion. B. CONDITIONAL USE REVIEW: Section 24- 3.3(b) of the Municipal Code states the criteria for review of conditional uses as follows: 3 . 4 *.r. "(1) Whether the proposed use otherwise complies with all requirements imposed by the zoning code, (2) Whether the proposed use is consistent with the objectives and purposes of this zoning code and the applicable zoning district and, (3) If the proposed use is designed to be compatible with surrounding land uses and uses in the area." 1. Referral Comments: a. Engineering Department: In a March 28, 1988 memorandum from Chuck Roth the following areas of concern are discussed: 1. Parking: The parking requirements for the 1400 square foot restaurant and the four bedroom residence would come to a total of nine (9) spaces. P &Z may reduce the requirement through special review to a total of seven (7) spaces. The plans reviewed by the Engineering Department indicate there is one (1) parking space in the garage and five (5) spaces along the alley, totaling six (6) spaces on site. The Code requires 7' in height for garage parking spaces. The intention of the "0" zone district was cited to support special review or variance reduction of parking requirements. This may help preserve the visual scale and character of the residential area. Engineering noted that on- street parking may be appropriate for the proposed restaurant and that public transportation on Main Street is easily accessible. Diagonal parking along 2nd Street is conceptually acceptable to the Engineering Department so to provide three (3) additional on- street parking spaces, for a total of seven (7) spaces. Curb relocation, grading, paving, signage and other elements of this conversion would need to be accomplished at the owner's expense. 2. Trash Dumpster: The site plan does not show a separate enclosure for dumpster(s). The application letter indicates dumpsters would be located in the garage. Sizing and access should be determined by BFI. 3. Service and Delivery: Service and delivery vehicles have access to the project from the alley. The structure should be designed to allow for these vehicles to provide restaurant - related services from the alley. 4 4. Utilities: The applicants should check with the Electric Department about whether they will be responsible for paying for a larger electrical transformer or other utility extension costs. New utility extensions must be underground. 5. Drainage: The addition and proposed parking area would create adverse drainage impacts on the public alley and streets. The applicant should be required to provide on -site disposal of excess drainage flows with dry wells, retention ponds, timed release mechanisms, or other solutions designed by a qualified professional engineer. 6. Sidewalks: The construction of a sidewalk along 2nd Street, a minimum of 5 feet wide, is required. With angle parking, there must be a 2 1/2 foot wide landscape area between the curb and sidewalk or a sidewalk minimum of 7 1/2 feet wide. b. Environmental Health: Rick Bossingham addressed in his March 10, 1988 memorandum the following concerns: 1. Sanitary Sewer and Water Services: The applicant should contact the Aspen Consolidated Sanitation District and the Aspen Water Department regarding their requirements for restaurant use of service lines. 2. Air Quality: The applicant notes that a charboiler will be installed with an electrostatic precipitator. Please note that controlling particulates does not control odors that could effect the area. The applicant will be required to comply with applicable wood burning device regulations. 3. Noise: There are no adverse noise impacts anticipated with this application. 4. State Rules and Regulations Governing Sanitation of Food Service Establishments: Compliance with State regulations is required, including that food service operations must be completely separated from living quarters. A second memorandum from Rick Bossingham dated April 14, 1988 addresses in more detail how the issue of odor control might be handled if within one (1) year complaints are received. c. Fire Marshal: Wayne Vandemark commented in his April 13, 5 *- %left/ .✓ 1988 memorandum that: 1. Two means of egress to the restaurant are necessary. There appears to be one means of egress in the proposed plan. 2. There is adequate water and access to provide fire protection to this property. d. Housing Office: In an April 4, 1988 memorandum, Jim Adamski noted that the new code would require housing for 35% of the employees generated from expansion or change in use of an historic landmark. The existing code does not require any employee housing mitigation for changes in use of historic landmarks. While originally the applicant had proposed an employee housing unit, this commitment has been dropped and no employee housing mitigation would be provided. At the April 7, 1988 meeting the Housing Authority recommended that the applicant mitigate the employee housing impact that the restaurant will generate in accordance with the intent of the new code. 2. Staff Comments: In addition to the above points made by referral agencies, staff has the following comments. a. Parking Requirement: Section 24- 4.5(c) of the Municipal Code establishes that nine (9) parking spaces be provided on site for this project, which can be reduced to no fewer than seven (7) spaces through special review approval by P &Z. After removing the employee unit and further pulling back the addition from the alley, five (5)) spaces would be possible along the alley (47' long area) in addition to the two (2) parking spaces in an enlarged garage. Section 24 -4.6 of the Municipal code states the criteria for P &Z's special review as follows: u...Such review shall be made by the zoning commission which commission, in making such determination, shall consider the projected traffic generation of the proposed development, site characteristics, the pedestrian access and walking distance to the downtown areas, and the availability of public transportation." Factors influencing the need for on -site parking for the proposed restaurant include: the size (50 seats), availability of on- street parking, and anticipated vehicular /pedestrian means of access. The Hickory House Restaurant on the 700 block of W. Main provides some useful comparisons. The 50 seat size is approximately half that of the Hickory House, which is also a family -style restaurant. The Hickory House generates a great deal of traffic, 6 particularly in the morning when locals stop on their way in to work and skiers stop on their way to ski areas. The Hickory House has use of a parking lot that can accommodate approximately 8 vehicles; however, we have observed that customers park also in the alley as well as along Main and Sixth Streets. The Hickory House is approximately 9 blocks from the Commercial Core, while the log house is approximately 4 blocks from the Commercial Core. More pedestrians can be expected to patronize the log house because of this proximity; however, a major sector of the clientele for a family restaurant is probably commuting workers, similar to the Hickory House. The following table describes the parking situation: On -site and Off -site Parking (3/31/88 Plan) Location Use # of Spaces On -site Residential 4 On -site Restuarant 3 Main St. - parallel Restaurant 3 2nd St. - parallel Restaurant 4 or 2nd St. - diagonal alt. Restaurant 7 Total Restaurant Parking 10 or Total Restaurant Parking: diagonal alt. 13 Potential problems with diagonal parking include: increased congestion of the 2nd Street and Main Street intersection, snow removal along 2nd Street, and removal of additional green space. Please note that there is head -in parking across the street next to the Christmas Inn. The diagonal parking arrangment does not require cutting down any existing trees. The alternative of providing more above grade on -site parking would require removal of trees and negatively effect the character of the property, in our opinion. There would remain significant yard space even if the entire r.o.w. is paved. Without diagonal parking, it is likely that customers will park further down 2nd Street, creating some adverse impact on the residential neighborhood. From the point of view of acceptable traffic flow, the Engineering Department has supported diagonal parking on 2nd Street. After weighing the "trade- off's ", the Planning Office believes that with diagonal parking, there is sufficient parking to accommodate the restaurant use and that parking impacts are mainly compatible with the character of the neighborhood. The three spaces on site for use of restaurant 7 customers should be signed accordingly. We note that the sidewalk would be located mainly on the applicant's property. The applicant has verbally explained the configuration of the garage to accomodate two parking spaces and enough space for a trash compactor and dumpster. Further modifications to the plan will be explained at your meeting. b. Trash Dumpster and Service Access: The applicant wrote a letter dated March 1, 1988 indicated BFI believes a two -yard dumpster is needed for this size of a restaurant and that removal through the garage is functional. The garage area, leading directly into the kitchen, appears to be adequate to accommodate the dumpster and service access. It appears that for a small restaurant operation, this is an acceptable area and configuration. As noted above, the applicant will further clarify the trash and service plan at your meeting. c. Delivery: Deliveries should take place from the alley between the normal working hours of 8 A.M. to 5 P.M. so to not inconvenience residential neighbors, in our opinion. Night and early morning deliveries would be incompatible with surrounding residential properties. d. Drainage: Drainage impacts from the new addition and parking area should be addressed as requested by the Engineering Department. e. Odors: The Environmental Health Department has suggested that odors may result from the restaurant, particularly the charboiler. Mesquite wood has been identified as a particularly strong smelling burning substance and should not be allowed in this restaurant because of the nearby residential neighborhood. While odor controlling devices are available, Environmental Health believes that because they are so expensive and odor may not be a problem, it is unreasonable to require such at this time. A mechanism has been suggested whereby after one (1) year following certificate of occupancy if complaints from the neighborhood are made then the applicant agrees to reappear before the P &Z to discuss and propose odor mitigation. At that time the Environmental Health Department can help substantiate whether there is a problem and suggest options for dealing with it. f. Fire and Building Code Concerns: The Fire Marshal identified the need for two means of egress into the restaurant. Rob Weien of the Building Department noted verbally that handicapped access and handicap bathrooms will also be required. These matters would need to be addressed in the building permit application and do not require P &Z 8 action for conditional use review. g. Historic Preservation: One of the purposes for allowing conditional uses of historic structures on Main Street is to provide for workable adaptive re -uses of old houses in order to preserve those houses. We believe that there is necessarily a certain trade -off between preservation and neighborhood impacts. In this case, we support the efforts of the applicant to preserve the log house and we believe that the restaurant use would be appropriate for the neighborhood if the scale is kept small enough and the operation is done sensitively. Visual impacts of the alterations and addition continue to be a subject of HPC's reviews. Hopefully a design will be arrived at to the satisfaction of both the Committee and the applicant. The April 12, 1988 meeting was very encouraging. Another concern is that this development could be perceived as adding to strip development of Main Street. We suggest that the proposed restaurant should have a fairly quiet presence on Main Street, given the limited seating, heavily vegetated site and the placement of the fairly modest structure on the site. Converting the log house into a restaurant on Main Street would make this interesting structure more available for public display and preserve the building. h. Employee Housing: The Planning Office shares the concerns of the Housing Authority that during this transitional period between the existing code and the revised code, it would be desireable for an applicant to mitigate a portion of the impacts on employee housing caused by new commercial development. However, historically, conditional use review has not been utilized to require employee housing. The new code is not in effect at this time and cannot be used to enforce a future requirement. Therefore, we cannot recommend that employee housing mitigation be required as part of the P &Z review. RECOMMENDATION: The Planning Office recommends that the Planning and Zoning Commission take the following actions: 1. Recommend historic landmark designation of 300 W. Main Street. 2. Grant conditional use approval for restaurant use of 300 W. Main Street subject to the following conditions: a. The restaurant shall not exceed 1400 square feet in size or fifty (50) seats, including both the food service and bar areas. b. All representations within the "Request for Conditional 9 Use" application regarding saving of the trees, site plan features and other matters pertaining to the restaurant operation shall be adhered to. c. Prior to issuance of certificate of occupancy the applicant shall make the following improvements to the site and adjacent public rights of way (plans to be submitted prior to issuance of a building permit have been specified): 1. A parking area containing six (6) standard size parking spaces shall be installed along the north property line along the alley with gravel or paving surface. Signs shall be posted designating three of those spaces for customer use. 2. The one (1) parking space in the garage shall conform to the Code required dimensions, including a height of seven (7) feet. 3. Diagonal parking to accommodate seven (7) parking spaces along 2nd Street shall be installed at the owner's expense with the approval of and to the satisfaction of the Engineering Department. Curb relocation, grading, paving, and signage shall be accomplished at the owner's expense. Plans shall be shown to the satisfaction of the Engineering Department prior to issuance of a building permit. 4. A sidewalk along 2nd Street shall be constructed at the owner's expense following the minimum width and other construction standards to the satisfaction of the Engineering Department. Plans for the sidewalk shall be shown in the building permit application and accepted by the Engineering Department prior to issuance of a building permit. 5. The applicant shall provide on -site disposal of excess drainage flows with dry wells, retention ponds, timed release mechanisms, or other solutions designed by a qualified professional engineer to the satisfaction of the Engineering Department. Plans for the drainage shall be shown in the building permit application and accepted by the Engineering Department prior to issuance of a building permit. d. No mesquite wood shall be burned for the restaurant operation. e. A hearing may be called in front of the Planning and Zoning Commission any time within one (1) year after issuance of a certificate of occupancy if complaints regarding odor problems are received. The Environmental 10 Health Department will document and investigate any complaints and have information available if a hearing is called. The applicant shall agree to adhere to any decision made by the Planning and Zoning Commission for mitigating odor problems, including installation of an odor control devise. f. Deliveries to the restaurant operation shall be made only between the hours of 8 A.M. and 5 P.M. 3. Grant special review for reduction in on -site parking requirements from nine (9) spaces to seven (7), four of which are for the use of the four bedroom residential unit and three for use of the restaurant. mc.cu 11 PIA Mf S T itci CLIA t5 .0,,,- fire orr�i�AVr 5' PLfV177/ hST/bt 5 / G - - V / K e - ' r Irn/ It. i I r (' I N CP . e0 N I t it t rilti l li , A Pi' .�.� wi Ili � . i s 77 ' p zr, : i _ rt. = II n Lc•n - - � � __ __ _ - _ _ _ _ _ __ - _1 - / v I \ to t ti, w } a n ph 1- o i MAR 3 MEMORANDUM To: Steve Burstein, Planning Office From: Chuck Roth, Assistant City Engineer err_ Date: March 28, 1988 Re: McDonald Conditional Use and Special Review Having reviewed the above referenced application and having made a site inspection, the Engineering Department has the following comments: 1. Parking - The application is unclear as to the intended final distribution and number of bedrooms. I telephoned the applicant on March 28, and he indicated that HPC did not accept the bulk of the project along the alley. He said that therefore their intended structure will contain four bedrooms in a single family residence. There will be no employee unit. The parking require- ments for the use of restaurant and dwelling therefore would come to a total of 9 spaces in accordance with Section 24 -4.5 with a possible reduction by P & Z which could result in a requirement of 7 on -site spaces. The blueprints show a fifteen foot wide garage. I have already spoken with the applicant about this, and he has stated the he does not have enough space to provide the 8.5 foot width required by code (24 -4.2). I do not know that it is true that the applicant cannot provide a 17 foot wide garage in lieu of a 15 foot wide garage. The plans do not indicate if the required parking space height of 7 feet is provided. The applicant further represents on the blueprints that there will be 5 parking spaces outside of the structure. This could be permissible by special review of P & Z. 1400 square feet times three spaces per 1,000 square feet = 4.2 spaces = 5 spaces + 4 residential = 9 spaces, versus by special review 1400 square feet times 1.5 spaces per 1,000 square feet = 2.1 spaces = 3 spaces + 4 residential = 7 spaces. The intention of "O" District as explained in the code refers to preserving "the visual scale and character of formerly residen- tial areas ...." It might be questionable if either allowing or requiring a five car parking lot on the site responds to the intention. The site is far enough from the central core that it might not be unreasonable to rely on parking on the streets, or perhaps the applicants could consider constructing parking underground. The site is of course located on Main Street and is therefore easily accessible to public transportation. If the applicants were to attempt to obtain a variance from this provision, they should also seek a variance on the width of the garage. The Engineering Department would not categorically oppose 7.5 foot width parking spaces in the garage, but it would have to be made clear that there were no other encroachments, such as posts supporting overhead structure, and that the 7.5 feet was free and clear for parking use. Since this is a matter of buildings and blueprints, it would be appropriate for the Zoning Enforcement Official to examine the application to see whether or not he concurs with the ability or lack of ability to provide 8.5 foot wide parking spaces in the garage. The diagonal parking is conceptually acceptable to the Engineer- ing Department. This would provide an additional three spaces on the street. The curb would have to be relocated at the appli- cant's expense, and all elements of the work would be at the applicants expense - grading, paving, signing, etc. The appli- cant must obtain an excavation permit from the Engineering Department, at which time final details of the plan would be reviewed and approved. 2. The site plan does not show the intended dumpster(s) loca- tion. The dumpster sizing must be determined with the help of BFI based on the intended uses of the property, and the dumpster(s) must be located on the applicants' property, not within the public right -of -way (the alley). BFI can also tell the appli- cants If the intended location of the dumpster.(s) is acceptable for BFI's access. 3. The vehicle and pedestrian circulation patterns in the area appear to be adequate to meet the project demands. Service and delivery vehicles have access to the project from the alley. The structure should be designed to allow for these vehicles to provide services from the alley - that is, there should be a door to the kitchen from the alley so that deliveries are not made from Main Street. 4. Utility considerations appear minimal, although the appli- cants themselves should check with each of the utilities in case f "\ they might be required to pay the cost of a larger electrical transformer or have any other costs associated with extending any utilities to serve the structure. New utility extensions must be underground. No new aerial hook -ups are permitted. By the end of this summer, all of the aerial utilities in that portion of the city should be completely underground. The adequacy of water flow for fire protection needs must be determined by the fire marshall. 5. Drainage - The additions to the building together with the construction of the proposed parking lot would create adverse . drainage impacts on the public alley and streets. It is sugges- ted that the applicant be required to provide on-site disposal of these excess drainage flows in the fashion provided for in Section 20 -17(f) with dry wells or retention ponds or timed release mechanisms or other solution designed by a qualified professional engineer. 6. The construction of sidewalk along the Second Street frontage is required, either through Section 19 -98 or through the Condi- tional Use process. The sidewalk must be a minimum of five feet wide. With angle parking, there must be a two and a half foot wide landscape type area between the curb and the sidewalk, or the sidewalk must be two and a half feet wider than the minimum requirement in order to allow for vehicle bumpers hanging over the curb. cc: Jay Hammond, City Engineer CR /cr /memo_88.32 MEMORANDUM TO: Steve Burstein, // Planning Office FROM: Wayne Vandemark4` "Fire Marshal RE: McDonald Conditional Use DATE: April 13, 1988 Following are my comments on the proposed restaurant use of the existing house: 1. Two (2) means of egress are necessary. There appears to be one means of egress in the proposed plan. 2. The Voluntary Fire Department can respond within a three minute period. There is ample water for fire protection in the area. 3. The entire structure is accessible to fire fighters. ASPEN*PITKIN ENVIRONMENTAL HEALTH DEPARTMENT MEMORANDUM + 7 MAR To: Steve Burstein, Planning Office From: Rick Bossingham, Environmental Health Departmenigg Date: March 10, 1988 Re: McDonald Conditional Use and Special Review Parcel ID# 2735- 124 -41 -006 The Aspen /Pitkin Environmental Health Department has reviewed the above- mentioned land use submittal for the following concerns. The authority for this review is granted to this office, which is a recognized land use referral agency, by the Aspen /Pitkin Planning Office. SEWAGE TREATMENT AND COLLECTION: The applicant should contact the Aspen Consolidated Sanitation District about additional requirements for restaurants using district lines. ADEQUATE PROVISIONS FOR WATER NEEDS: The applicant should contact the Aspen Water Department about the adequacy of the service line for restaurant use. AIR OUALITY: The applicant notes that a charbroiler will be installed with an electrostatic precipitator (as required by section 11 -2.4. of the Municipal Code) to control particulates. Please note that controlling particulates does not control odors that could effect the area. The applicant will be required to comply with applicable wood burning device regulations. NOISE: There are no adverse noise impacts anticipated with this application. CONFORMANCE WITH OTHER LAWS: The proposed restaurant will be required to comply with the Rules and Regulations Governing the Sanitation of Food Service $stablishments in the State of Colorado, which include the requirement that food service operations be completely separated from living quarters. 130 South Galena Street Aspen, Colorado 81511 303/925-2020 ASPEN *PITKIN ENVIRONMENTAL. HEALTH DEPARTMENT M E M O R A N D U M TO: Steve Burstein, Planner FROM: Rick Bossingham, Environmental Health Office a> DATE: April 14, 1988 RE: McDonald Conditional Use Review, additional comments. s The potential for nuisance odors from the proposed restaurant must be addressed under the requirement in section 24- 3.3.(d)(2) of the municipal code which requires that fumes, smoke and odors "be confined to the lot on which the use is permitted ". However, this cannot be predicted because of the variables involved (except that the use of mesquite wood in charbroilers has caused odor problems in Aspen). Requiring odor control ( without knowledge that a problem exists may place an unnecessary burden on the applicant, while not requiring any would leave us without redress if a problem occurs. I suggest that any approval include a provision that a hearing may be called in front of the Planning and Zoning board any time within a year of occupancy if complaints are received. The Environmental Health Department will document and investigate any complaints and have them available if a hearing is called. In addition, complainants should have the opportunity to present information, and the board could then render a decision concerning odor controls. 130 South Galena Street Aspen, Colorado 81611 303/925 -2020 MEMORANDUM TO: STEVE BERSTEIN, PLANNING OFFICE FROM: JIM ADAMSKI, HOUSING DIRECTOR DATE: APRIL 13, 1988 RE: MCDONALD CONDITIONAL USE AND SPECIAL REVIEW BACKGROUND: The application is requesting exemption from GMP for employee housing and is asking to build a 1400 s.f. addition around the west and north side of the existing house, to contain one free - market unit. The original house would be converted into a restaurant. The property is located at 300 W. Main Street and is zoned 0. The applicant had originally proposed an employee housing unit but called the office to say that the Historic Preservation Committee suggested the site was too dense to hold the unit. Under the current code if the site is designated HISTORIC no employee housing is required. Under the new code amendments 35% of employees generated would be required. HOUSING AUTHORITY: The Housing Authority understands that if this applicants site is designated as a historic preservation site that under the current City Land Use Code employee housing is not required. However, the rewrite of the code requires mitigation of the employee generation. The Housing Authority recommends that the applicant mitigates the employee housing impact it will generate in accordance with the intent of the new code. a SNOVMASS LODGING COVIPA \Y April 12, 1988 Aspen Planning and Zoning APR 14 Aspen City Hall 130 S. Galena Street Aspen, Colorado 81611 Re: Caroline and Scott McDonald 300 W Main, historic designation /conditional use Dear P&Z I am unable to attend the meeting of April 19th concerning the above noted property as I will be out of the country but I am very concerned about the proposed designation of the house as a historic landmark and subsequent application for a restaurant. The plans which I have seen at City Hall completely change the whole reason for the location gaining a historic designation. The original log structure is 1400 square feet. It is my understanding the whole addition will be another 3296 square feet. The new structure's finish completely hides the original building under straight roof lines and massiveness. I also question the reality of 1400 square foot family style restaurant with seating for 50 people being able to succeed in our town anymore. If the restaurant is unsuccessful in this size, will application follow to expand into the living quarters? Will this structure work with the historic Elisha House next door? The impact on Second Street, a residential block, is significant in terms of parking and noise. Think of the family homes behind Asia and Charlemagnes on a busy night. Those residents have a difficult time parking adjacent to their homes or accessing their driveways. If historic designation is given and restaurant status is obtainable, do we need another liquor license here? I hope these questions are completely resolved prior to any finalization of historic designation and conditional use in this location. Thank you for your/time P la Derevensky 333 W. Main Street Aspen, Colorado 81611 P.O. BOX 6077 • SNOWMASS VILLAGE, COLORADO 81615 • (303)923 -3232 MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Steve Burstein, Planning Office RE: McDonald Historic Designation and Conditional Use (Public Hearings) DATE: April 19, 1988 LOCATION: 300 West Main Street, Lots Q, R, and S of Block 44, City and Townsite of Aspen. ZONING: Office zone district. SITE AND AREA DESCRIPTION: The existing log house is located towards the northwest corner of the property. Mature blue spruce trees grow in the front and side yards along Second and Main Streets. The property is basically flat and lower than the grade of Main Street and the Elisha House property to the west. Adjacent properties are residential in use, including the Elisha House to the west and two residences north across the alley. Across 2nd Street to the east is the Christmas Inn. APPLICANT'S REQUEST: Scott and Caroline McDonald request historic designation of the log house property and conditional use approval to convert the existing 1400 square foot house into a fifty (50) seat restaurant. A two story addition, approximately 2300 square feet in size, would be attached to the north and west sides of the existing house for a four bedroom residence, garage and restaurant kitchen. A one bedroom employee unit was initially proposed within the addition, but has been deleted as a response to HPC's concerns about the bulk of the addition. ACTIONS BY OTHER BOARDS: The Historic Preservation Committee recommended historic landmark designation of 300 W. Main on February 9, 1988. On that date HPC also gave conceptual development review approval to the addition subject to several conditions. HPC continued conceptual development review to ascertain whether the conditions of approval had been met. Design changes have been made following each hearing to address concerns raised. After four meetings, HPC extended the period during which the applicant can meet the conditions of approval to April 26, 1988. The Planning and Zoning Commission and the applicant should be aware that if any changes affecting the conditional use review occur as a result of further design changes from HPC's conceptual 1 or final development reviews, then the applicant may need to return to P &Z to amend the conditional use permit, or obtain a staff sign -off pursuant to Section 24- 3.3(c). A variance request for encroachment into the rear yard set -back had been scheduled for the Board of Adjustment. The addition will extend into the 15' rear yard setback to be 5.2' from the rear (alley -side) property line. However, Section 9- 103.C.2 of the revised Land Use Code allows HPC to grant encroachments by historic landmarks in all zone districts. Consequently, the variance hearing was canceled; and HPC may grant the encroachment subject to adoption of the revised Land Use Code and Final Development approval. PROBLEM DISCUSSION: A. HISTORIC DESIGNATION: In order for the property to be eligible for the restaurant conditional use, the property must receive historic landmark designation. Standards for historic designation are stated in Section 24- 9.3(a) of the Municipal Code. Following are the Planning Office's comments in response to the standards: 1. Standard: The structure or site is commonly identified with a person or an event of historical significance to the cultural, social or political history of Aspen, the State of Colorado, or the United States. Response: The applicants researched Assessor's records and concluded that the original structure on the site was built prior to 1893 and torn down some time between 1930 and 1940. The log house was built around 1944. There is no documentation that the house or site has significant historical association. 2. Standard: The structure reflects an architectural style that is unique, distinct or of traditional Aspen character. Response: The house is one of the only log structures remaining in Aspen, along with the cabins at 205 S. Third Street and 527 W. Main Street. While it is newer than these other two cabins, it is in a more prominent location and setting. Log construction with chinking, the cross gable roof, and the square windows with small panes are typical of the Pioneer (1850- 1930's) and Rustic (post 1940) styles now rare in Aspen. The 1980 Inventory of Historic Sites and Structures considered the log house to possess distinctive characteristics of "type, style of architecture, and construction" and to be "a noteworthy surviving example of a style becoming rare in the locale or is identified with a street scene or other landscape." The fact that it was built so recently (1944) makes historic landmark status dubious. However, given the structure's unique status, we feel we can support the viewpoint that it meets this criteria of architectural significance. The State Historical Society's 2 architect, Jay Yanz, reported verbally on April 5, 1988 that he considered the log house to be a "classic ". The HPC continues to review the proposed alterations and addition to the log house to assure that the historic character of the property which is deemed worth preserving is maintained. 3. Standard: The structure embodies the distinguishing character- istics of a significant or unique architectural type or specimen. Response: The log house embodies the characteristics of the rustic residential building type, which is identified in the "Historic District and Historic Landmark Development Guidelines" as an historic architectural style in Aspen. 4. Standard: The structure is a significant work of an architect whose individual work has influenced the character of Aspen. Response: It is unlikely that a house of this type was designed by an architect. The applicant's research indicates that Leo "Pope" Rowland, an old -time Aspenite and the brother of "Red" Rowland, was the primary builder of the house. John Parsons, a mason who did work throughout the Valley, is credited with building the stone fireplace and chimney. The stonework in particular is outstanding; and it may be that Mr. Parsons' work influenced other use of moss rock in and around Aspen. No research has been done to confirm this. 5. Standard: The structure or site is a significant component of a historically significant neighborhood and the preservation of the structure or site is important for the maintenance of that neighborhood character. Response: The log house is considered visually contributing to the Main Street Historic District, according to the 1980 Historic Inventory. The major spruce trees give a special, rustic character to the site and contribute to a sense of maturity, permanence and visual relief from buildings on Main Street. 6. Standard: The structure or site is critical to the preserva- tion of the character of the Aspen community because of its relationship in terms of size, location, and architectural similarity to other structures or sites of historical or archi- tectural importance. Response: The log house has a special prominence in the community because of its visibility on Main Street, in staff's opinion. B. CONDITIONAL USE REVIEW: Section 24- 3.3(b) of the Municipal Code states the criteria for review of conditional uses as follows: 3 fi "(1) Whether the proposed use otherwise complies with all requirements imposed by the zoning code, (2) Whether the proposed use is consistent with the objectives and purposes of this zoning code and the applicable zoning district and, (3) If the proposed use is designed to be compatible with surrounding land uses and uses in the area." 1. Referral Comments: a. Engineering Department: In a March 28, 1988 memorandum from Chuck Roth the following areas of concern are discussed: 1. Parking: The parking requirements for the 1400 square foot restaurant and the four bedroom residence would come to a total of nine (9) spaces. P &Z may reduce the requirement through special review to a total of seven (7) spaces. The plans reviewed by the Engineering Department indicate there is one (1) parking space in the garage and five (5) spaces along the alley, totaling six (6) spaces on site. The Code requires 7' in height for garage parking spaces. The intention of the "0" zone district was cited to support special review or variance reduction of parking requirements. This may help preserve the visual scale and character of the residential area. Engineering noted that on- street parking may be appropriate for the proposed restaurant and that public transportation on Main Street is easily accessible. Diagonal parking along 2nd Street is conceptually acceptable to the Engineering Department so to provide three (3) additional on- street parking spaces, for a total of seven (7) spaces. Curb relocation, grading, paving, signage and other elements of this conversion would need to be accomplished at the owner's expense. 2. Trash Dumpster: The site plan does not show a separate enclosure for dumpster(s). The application letter indicates dumpsters would be located in the garage. Sizing and access should be determined by BFI. 3. Service and Delivery: Service and delivery vehicles have access to the project from the alley. The structure should be designed to allow for these vehicles to provide restaurant - related services from the alley. 4 4. Utilities: The applicants should check with the Electric Department about whether they will be responsible for paying for a larger electrical transformer or other utility extension costs. New utility extensions must be underground. 5. Drainage: The addition and proposed parking area would create adverse drainage impacts on the public alley and streets. The applicant should be required to provide on -site disposal of excess drainage flows with dry wells, retention ponds, timed release mechanisms, or other solutions designed by a qualified professional engineer. 6. Sidewalks: The construction of a sidewalk along 2nd Street, a minimum of 5 feet wide, is required. With angle parking, there must be a 2 1/2 foot wide landscape area between the curb and sidewalk or a sidewalk minimum of 7 1/2 feet wide. b. Environmental Health: Rick Bossingham addressed in his March 10, 1988 memorandum the following concerns: 1. Sanitary Sewer and Water Services: The applicant should contact the Aspen Consolidated Sanitation District and the Aspen Water Department regarding their requirements for restaurant use of service lines. 2. Air Quality: The applicant notes that a charboiler will be installed with an electrostatic precipitator. Please note that controlling particulates does not control odors that could effect the area. The applicant will be required to comply with applicable wood burning device regulations. 3. Noise: There are no adverse noise impacts anticipated with this application. 4. State Rules and Regulations Governing Sanitation of Food Service Establishments: Compliance with State regulations is required, including that food service operations must be completely separated from living quarters. A second memorandum from Rick Bossingham dated April 14, 1988 addresses in more detail how the issue of odor control might be handled if within one (1) year complaints are received. c. Fire Marshal: Wayne Vandemark commented in his April 13, 5 1988 memorandum that: 1. Two means of egress to the restaurant are necessary. There appears to be one means of egress in the proposed plan. 2. There is adequate water and access to provide fire protection to this property. d. Housing Office: In an April 4, 1988 memorandum, Jim Adamski noted that the new code would require housing for 35% of the employees generated from expansion or change in use of an historic landmark. The existing code does not require any employee housing mitigation for changes in use of historic landmarks. While originally the applicant had proposed an employee housing unit, this commitment has been dropped and no employee housing mitigation would be provided. At the April 7, 1988 meeting the Housing Authority recommended that the applicant mitigate the employee housing impact that the restaurant will generate in accordance with the intent of the new code. 2. Staff Comments: In addition to the above points made by referral agencies, staff has the following comments. a. Parking Requirement: Section 24- 4.5(c) of the Municipal Code establishes that nine (9) parking spaces be provided on site for this project, which can be reduced to no fewer than seven (7) spaces through special review approval by P &Z. After removing the employee unit and further pulling back the addition from the alley, five (5)) spaces would be possible along the alley (47' long area) in addition to the two (2) parking spaces in an enlarged garage. Section 24 -4.6 of the Municipal code states the criteria for P &Z's special review as follows: "...Such review shall be made by the zoning commission which commission, in making such determination, shall consider the projected traffic generation of the proposed development, site characteristics, the pedestrian access and walking distance to the downtown areas, and the availability of public transportation." Factors influencing the need for on -site parking for the proposed restaurant include: the size (50 seats), availability of on- street parking, and anticipated vehicular /pedestrian means of access. The Hickory House Restaurant on the 700 block of W. Main provides some useful comparisons. The 50 seat size is approximately half that of the Hickory House, which is also a family - style restaurant. The Hickory House generates a great deal of traffic, 6 particularly in the morning when locals stop on their way in to work and skiers stop on their way to ski areas. The Hickory House has use of a parking lot that can accommodate approximately 8 vehicles; however, we have observed that customers park also in the alley as well as along Main and Sixth Streets. The Hickory House is approximately 9 blocks from the Commercial Core, while the log house is approximately 4 blocks from the Commercial Core. More pedestrians can be expected to patronize the log house because of this proximity; however, a major sector of the clientele for a family restaurant is probably commuting workers, similar to the Hickory House. The following table describes the parking situation: On -site and Off -site Parking (3/31/88 Plan) Location Use # of Spaces On -site Residential 4 On -site Restuarant 3 Main St. - parallel Restaurant 3 2nd St. - parallel Restaurant 4 or 2nd St. - diagonal alt. Restaurant 7 Total Restaurant Parking 10 or Total Restaurant Parking: diagonal alt. 13 Potential problems with diagonal parking include: increased congestion of the 2nd Street and Main Street intersection, snow removal along 2nd Street, and removal of additional green space. Please note that there is head -in parking across the street next to the Christmas Inn. The diagonal parking arrangment does not require cutting down any existing trees. The alternative of providing more above grade on -site parking would require removal of trees and negatively effect the character of the property, in our opinion. There would remain significant yard space even if the entire r.o.w. is paved. Without diagonal parking, it is likely that customers will park further down 2nd Street, creating some adverse impact on the residential neighborhood. From the point of view of acceptable traffic flow, the Engineering Department has supported diagonal parking on 2nd Street. After weighing the "trade- off's ", the Planning Office believes that with diagonal parking, there is sufficient parking to accommodate the restaurant use and that parking impacts are mainly compatible with the character of the neighborhood. The three spaces on site for use of restaurant 7 customers should be signed accordingly. We note that the sidewalk would be located mainly on the applicant's property. The applicant has verbally explained the configuration of the garage to accomodate two parking spaces and enough space for a trash compactor and dumpster. Further modifications to the plan will be explained at your meeting. b. Trash Dumpster and Service Access: The applicant wrote a letter dated March 1, 1988 indicated BFI believes a two -yard dumpster is needed for this size of a restaurant and that removal through the garage is functional. The garage area, leading directly into the kitchen, appears to be adequate to accommodate the dumpster and service access. It appears that for a small restaurant operation, this is an acceptable area and configuration. As noted above, the applicant will further clarify the trash and service plan at your meeting. c. Delivery: Deliveries should take place from the alley between the normal working hours of 8 A.M. to 5 P.M. so to not inconvenience residential neighbors, in our opinion. Night and early morning deliveries would be incompatible with surrounding residential properties. d. Drainage: Drainage impacts from the new addition and parking area should be addressed as requested by the Engineering Department. e. Odors: The Environmental Health Department has suggested that odors may result from the restaurant, particularly the charboiler. Mesquite wood has been identified as a particularly strong smelling burning substance and should not be allowed in this restaurant because of the nearby residential neighborhood. While odor controlling devices are available, Environmental Health believes that because they are so expensive and odor may not be a problem, it is unreasonable to require such at this time. A mechanism has been suggested whereby after one (1) year following certificate of occupancy if complaints from the neighborhood are made then the applicant agrees to reappear before the P &Z to discuss and propose odor mitigation. At that time the Environmental Health Department can help substantiate whether there is a problem and suggest options for dealing with it. f. Fire and Building Code Concerns: The Fire Marshal identified the need for two means of egress into the restaurant. Rob Weien of the Building Department noted verbally that handicapped access and handicap bathrooms will also be required. These matters would need to be addressed in the building permit application and do not require P &Z 8 action for conditional use review. g. Historic Preservation: One of the purposes for allowing conditional uses of historic structures on Main Street is to provide for workable adaptive re -uses of old houses in order to preserve those houses. We believe that there is necessarily a certain trade -off between preservation and neighborhood impacts. In this case, we support the efforts of the applicant to preserve the log house and we believe that the restaurant use would be appropriate for the neighborhood if the scale is kept small enough and the operation is done sensitively. Visual impacts of the alterations and addition continue to be a subject of HPC's reviews. Hopefully a design will be arrived at to the satisfaction of both the Committee and the applicant. The April 12, 1988 meeting was very encouraging. Another concern is that this development could be perceived as adding to strip development of Main Street. We suggest that the proposed restaurant should have a fairly quiet presence on Main Street, given the limited seating, heavily vegetated site and the placement of the fairly modest structure on the site. Converting the log house into a restaurant on Main Street would make this interesting structure more available for public display and preserve the building. h. Employee Housing: The Planning Office shares the concerns of the Housing Authority that during this transitional period between the existing code and the revised code, it would be desireable for an applicant to mitigate a portion of the impacts on employee housing caused by new commercial development. However, historically, conditional use review has not been utilized to require employee housing. The new code is not in effect at this time and cannot be used to enforce a future requirement. Therefore, we cannot recommend that employee housing mitigation be required as part of the P &Z review. RECOMMENDATION: The Planning Office recommends that the Planning and Zoning Commission take the following actions: 1. Recommend historic landmark designation of 300 W. Main Street. 2. Grant conditional use approval for restaurant use of 300 W. Main Street subject to the following conditions: a. The restaurant shall not exceed 1400 square feet in size or fifty (50) seats, including both the food service and bar areas. b. All representations within the "Request for Conditional 9 ✓' Al 4 a but) a Use" application regarding saving of the trees, site plan features and other matters pertaining to the restaurant operation shall be adhered to. c. Prior to issuance of certificate of occupancy the applicant shall make the following improvements to the site and adjacent public rights of way (plans to be submitted prior to issuance of a building permit have been specified): 1. A parking area containing six (6) standard size parking spaces shall be installed along the north property line along the alley with gravel or paving surface. Signs shall be posted designating three of those spaces for customer use. 2. The parking spaces in the garage shall conform to the Code required dimensions, including a height of seven (7) feet. 3. Diagonal parking to accommodate seven (7) parking spaces along 2nd Street shall be installed at the owner's expense with the approval of and to the satisfaction of the Engineering Department. Curb relocation, grading, paving, and signage shall be accomplished at the owner's expense. Plans shall be shown to the satisfaction of the Engineering Department prior to issuance of a building permit. 4. A sidewalk along 2nd Street shall be constructed at the owner's expense following the minimum width and other construction standards to the satisfaction of the Engineering Department. Plans for the sidewalk shall be fi b. shown in the building permit application and accepted 0 , �' b by the Engineering Department TnW , k A L9 ,� 1 building permit. prior to issuance of a ' ` i � ^ UrJ' , � "+ �. The applicant shall provide on -site disposal of �, excess drainage flows with dry wells, retention ponds, timed release mechanisms, or other solutions designed by - a qualified professional engineer to the satisfaction of the Engineering Department. Plans for the drainage shall be shown in the building permit application and accepted by the Engineering Department prior to issuance of a building permit. d. No mesquite wood shall be burned for the restaurant operation. e. A hearing may be called in front of the Planning and Zoning Commission any time within one (1) year after issuance of a certificate of occupancy if complaints regarding odor problems are received. The Environmental 10 Health Department compl ints and have in ormati on available if f a hearing any called. The applicant shall agree to adhere to any decision made by the Planning and Zoning Commission for mitigating odor problems, including installation of an odor control devise. f. Deliveries to the restaurant operation shall be made only between the hours of 8 A.M. and 5 P.M. 3. Grant special review for reduction in on -site parking requirements from nine (9) spaces to seven (7), four of which are for the use of the four bedroom residential unit and three for use of the restaurant. mc.cu oS' 1rtut Wwriuh Qliq��D � /n ) ✓o/J 11 4:, ‘.401 f r,j v MEMORANDUM ~ '' To: Steve Burstein, Planning Office From: Chuck Roth, Assistant City Engineer e'1C. Date: March 28, 1988 Re: McDonald Conditional Use and Special Review Having reviewed the above referenced application and having made a site inspection, the Engineering Department has the following comments: 1. Parking - The application is unclear as to the intended final distribution and number of bedrooms. I telephoned the applicant on March 28, and he indicated that HPC did not accept the bulk of intended project dedstructur the alley. ewillcontain said that fourbedrooms therefore ina single family residence. There will be no employee unit. The parking require- ments for the use of restaurant and dwelling therefore would come to a total of 9 spaces in accordance with Section 24 -4.5 with a possible reduction by P & Z which could result in a requirement of 7 on -site spaces. The blueprints show a fifteen foot wide garage. I have already spoken with the applicant about this, and he has stated the he does not have enough space to provide the 8.5 foot width required by code (24 -4.2). I do not know that it is true that the applicant cannot provide a 17 foot wide garage in lieu of a 15 foot wide garage. The plans do not indicate if the required parking space height of 7 feet is provided. The applicant further represents on the blueprints that there will be 5 parking spaces outside of the structure. This could be permissible by special review of P & Z. 1400 square feet times three spaces per 1,000 square feet = 4.2 spaces = 5 spaces + 4 residential = 9 spaces, versus by special review 1400 square feet times 1.5 spaces per 1,000 square feet = 2.1 spaces = 3 spaces + 4 residential = 7 spaces. The intention of "0" District as explained in the code refers to preserving "the visual scale and character of formerly residen- tial areas ...." It might be questionable if either allowing or 0 O they might be required to pay the cost of a larger electrical transformer or have any other costs associated with extending any utilities to serve the structure. New utility extensions must be underground. No new aerial hook -ups are permitted. By the end of this summer, all of the aerial utilities in that portion of the city should be completely underground. The adequacy of water flow for fire protection needs must be determined by the fire marshall. 5. Drainage - The additions to the building together with the construction of the proposed parking lot would create adverse drainage impacts on the public alley and streets. It is sugges- ted that the applicant be required to provide on -site disposal of these excess drainage flows in the fashion provided for in Section 20 -17(f) with dry wells or retention ponds or timed release mechanisms or other solution designed by a qualified professional engineer. 6. The construction of sidewalk along the Second Street frontage is required, either through Section 19 -98 or through the Condi- tional Use process. The sidewalk must be a minimum of five feet wide. With angle parking, there must be a two and a half foot wide landscape type area between the curb and the sidewalk, or the sidewalk must be two and a half feet wider than the minimum requirement in order to allow for vehicle bumpers hanging over the curb. cc: Jay Hammond, City Engineer CR /cr /memo_88.32 ASPEN•PITKIN ENVIRONMENTAL HEALTH DEPARTMENT MEMORANDUM I. l 11AR 1 7 To: Steve Burstein, Planning Office From: Rick Bossingham, Environmental Health Department Date: March 10, 1988 Re: McDonald Conditional Use and Special Review Parcel ID# 2735- 124 -41 -006 The Aspen /Pitkin Environmental Health Department has reviewed the above - mentioned land use submittal for the following concerns. The authority for this review is granted to this office, which is a recognized land use referral agency, by the Aspen /Pitkin Planning Office. SEWAGE TREATMENT AND COLLECTION. The applicant should contact the Aspen Consolidated Sanitation District about additional requirements for restaurants using district lines. ADE DATE PROVISIONS FOR WATER NEEDS: The applicant should contact the Aspen Water Department about the adequacy of the service line for restaurant use. The applicant notes that a charbroiler will be installed with an electrostatic precipitator (as required by section 11 -2.4. of the Municipal Code) to control particulates. Please note that controlling particulates does not control odors that could effect the area. The applicant will be required to comply with applicable wood burning device regulations. NOISE: There are no adverse noise impacts anticipated with this application. CONFORMANCE WITH OTHER LAWS: The proposed restaurant will be required to comply with the R es and Re•ulations Governin• the Sanitation s Establishments in the State of Colorado, i F.od Service � the requirement that food service operations be c mpl tely c separated from living quarters. 130 South Galena Street ASPEN*PITKIN ENVIRONMENTAL HEALTH DEPARTMENT M E M O R A N D U M TO: Steve Burstein, Planner FROM: Rick Bossingham, Environmental Health Officer DATE: April 14, 1988 RE: McDonald Conditional Use Review, additional comments. The potential for nuisance odors from the proposed restaurant must be addressed under the requirement in section 24- 3.3.(d)(2) of the municipal code which requires that fumes, smoke and odors "be confined to the lot on which the use is permitted ". However, this cannot be predicted because of the variables involved (except that the use of mesquite wood in charbroilers has caused odor problems in Aspen). Requiring odor control without knowledge that a problem exists may place an unnecessary burden on the applicant, while not requiring any would leave us without redress if a problem occurs. I suggest that any approval include a provision that a hearing may be called in front of the Planning and Zoning board any time within a year of occupancy if complaints are received. The Environmental Health Department will document and investigate any complaints and have them available if a hearing is called. In information, and nthesboardhcould thenorendery aodecision concerning odor controls. 130 South Galana c MEMORANDUM TO: STEVE BERSTEIN, PLANNING OFFICE FROM: JIM ADAMSKI, HOUSING DIRECTOR DATE: APRIL 13, 1988 RE: MCDONALD CONDITIONAL USE AND SPECIAL REVIEW BACKGROUND: The application is requesting exemption from GMP for employee housing and is asking to build a 1400 s.f. addition around the west and north side of the existing house, to contain one free - market unit. The original house would be converted into a restaurant. The property is located at 300 W. Main Street and is zoned 0. The applicant had originally proposed an employee housing unit but called the office to say that the Historic Preservation Committee suggested the site was too dense to hold the unit. Under the current code if the site is designated HISTORIC no employee housing is required. Under the new code amendments 35% of employees generated would be required. HOUSING AUTHORITY: The Housing Authority understands that if this applicants site is designated as a historic preservation site that under the current City Land Use Code employee housing is not required. However, the rewrite of the code requires mitigation of the employee generation. The Housing Authority recommends that the applicant mitigates the employee housing impact it will generate in accordance with the intent of the new code. REQ T FOR rn , r ' , I Etaauiazuzamisi Scott and Caroline McDonald ADDRESS• 300 West Main St. Block 44, Lots Q,R,S. ZONE IM n 0 Zone. CONDTTTONAT, OSF REQUEST: Restuarant in Historic Designated Structure. RESTTJARANT PARTICTIT,AAS: Size: 1400 sq.ft. Seating: 50. Fare: Low /moderate cost family food. Bar: Yes Ambiance: Rustic Log interior. Operation: Possible 3 meals /day Public Access: Original structure Historical designate. Operated: By owners. VT,STJAf, TMPACT TO SURROUNDTNG PROPRRTTFS: Minimal for the following reasons: Open space: Large open space ratio: 6100 sq. ft. for a 9000 sq. ft. parcel. Open space boarders 2nd and Main Street. Tzeesi Five existing large spruce trees shall remain. T•ivina addition: Modest size (exterior areas): Owners living space: 1892 sq.ft. Owners garage: 270 sq.ft. Employee Housing 450 sq.ft. Restaurant Area: 144 sq.ft. Building materials: - 1st floor: Log with chinking same as original -2nd floor: Balloon frame with lapstrake siding (stained grey). - Trim: off -white - Windows: True divided light. Addition roof lines: Addition roofline is offset from the original structure's roof line to maintain the identity of the original structure.The addition roof elivation is the same as the original structure's,19 "10 "above grade. This is low compared to the Elisha carriage house, 34 "6" above the original structure's grade. Adriitinn frnnt p Main St.:21 ft.,2nd St.:18 ft. r PTJRT,IC IMPACT: Pedestrian Circulation: Impact minimal Ref.site plan. Vehicula Circulation: Impact minimal,some extra traffic from Main St. to 2nd. Parking: Impact minimal - Existing street parking has low useage, potential, 8 spaces. - Possible additional 2nd St. off street parking spaces,ref.site - Proposed off - street parking:6 spaces,ref.site plan. Trash: - Dumpster located off the alley in the garage. - BEI recommends 2 yd. dumpster,ref: site plan. Service Delivery: - Off alley, delivery chute to basement. - Off alley access to restaurant through garage. Noise: Minimal impact: - Slight addtion to Mani St. traffic noise. - Log walls minimize sound transfer. • Odom Minimal impact. - Char - broiler supplied with electrostatic condenser, minimizing particle ladened smoke. ?(JB JTC FA Ti TTTFS: - Fire hydrant exist on the corner of 2nd and Main St. - Bus service. - Walking distance, within six blocks of downtown. - Restaurant public facilities per state and city codes. 300 WRRT MATH RFSTDRNCE ADJ)TTTON ELFVATTON NOT S REV-13 DATE:3 \1 \88 -1- r X 6" LAPSTRAKE, ROUGH SAWN "NATIVE" OR CEDAR. -2- 8 3/4" X 8 3/4" ROUGH SAWN SPRUCE OR LOG POLE PINE TIMBERS, CHINKING = 2 ". -3- WINDOW/DOOR TRIM: ROUGH SAWN 1" X 6 ", T X 4" "NATIVE" OR CEDAR. - 4 - ROOF: TAR AND GRAVEL. - 5- ROOF: GREEN "PRO- PANEL" - 6- SKYLIGHTS: BOX HEIGHT = 6" ABOVE TAR AND GRAVEL. FOR ADDITION FLAT ROOF ONLY, NOT DEPICTED. -10- TRUE DIVIDED LIGHT WINDOW. COLOR SCHEME - 7- GRAY TRANSLUCENT STAIN, MATCHING WEATHERED OXIDIZED LOGS OF ORIGINAL STRUCTURE. - 8- NATURAL FINISH SEALER, FOR 8 3/4" X 8 3/4" TIMBERS. AFTER WEATHERING TO MATCH ORIGINAL STRUCTURE. -9- OFF -WHITE STAIN: WINDOW/DOOR TRIM HIGHLIGHTS FOR GABLE/BAY WINDOWS. :4irr2 1 yg s`1 aC — R irs Cbfrac7c17 - 1&in (o.crucc9 Re - 4�rw� irc via s f� - to wia turr aregEr pr"-PJC(wc, uovalLu, L.4 9 ti l(� cif - PEE - 5?) S Y-t Com?. ccl W] :put 2 LA-D Scold SCE' ()VC rVl c Qust as ` 2 i euncvoi - a?,(ti — N 3 pccVerhS - �( e.e AorJrtcd — icl6 rr e +0 'Ccil mot v uA..1.61 i r 1� A)LQ - Fe 0cy.teg Cocstacr& , 1 \.ut ecpn6}'•ZQQ )2:2 {-Q„ tl Lu-- vvs,c}5 — c> K Hut) ) iu — eon m ' ec �h VI\ P 1 - 1 .∎ I 3 Thieec cC fl- doer;.L fUr ccOb\Eyy\ WI) LCZA* , E- A a (c,-?-).t,c4torl oalf ciJ r e &1 — i MEMORANDUM i To: Steve Burstein, Planning Office From: Chuck Roth, Assistant City Engineer (lie— Date: March 28, 1988 Re: McDonald Conditional Use and Special Review Having reviewed the above referenced application and having made a site inspection, the Engineering Department has the following comments: 1. Parking - The application 1s unclear as to the intended final distribution and number of bedrooms. I telephoned the applicant on March 28, and he indicated that HPC did not accept the bulk of -yse'the project along the alley. He said that therefore their LrapM ^' 'intended structure will contain four bedrooms in a single family q residence. There will be no employee unit. The parking require- ments for the use of restaurant and dwelling therefore would come to a total of 9 spaces in accordance with Section 24 -4.5 with a " " reduction by P & Z which could result in a "�i.� "r P Y requirement 9 -Sil“ , .) °` of 7 on -site spaces. �� "y` The blueprints show a fifteen foot wide garage. I have already spoken with the applicant about this, and he has stated the he does not have enough space to provide the 8.5 foot width required by code (24 -4.2). I do not know that it is true that the applicant cannot provide a 17 foot wide garage in lieu of a 15 foot wide garage. The plans do not indicate if the required parking space height of 7 feet is provided. The applicant further represents on the blueprints that there will be 5 parking spaces outside of the structure. This could be permissible by special review of P & Z. 1400 square feet times three spaces per 1,000 square feet = 4.2 spaces = 5 spaces + 4 residential = 9 spaces, versus by special review 1400 square feet times 1.5 spaces per 1,000 square feet = 2.1 spaces = 3 spaces + 4 residential = 7 spaces. The intention of "0" District as explained in the code refers to preserving "the visual scale and character of formerly residen- tial areas ...." It might be questionable if either allowing or requiring a five car parking lot on the site responds to the intention. The site is far enough from the central core that it might not be unreasonable to rely on parking on the streets, or perhaps the applicants could consider constructing parking underground. The site is of course located on Main Street and is therefore easily accessible to public transportation. If the applicants were to attempt to obtain a variance from this provision, they should also seek a variance on the width of the garage. The Engineering Department would not categorically oppose 7.5 foot width parking spaces in the garage, but it would have to be made clear that there were no other encroachments, such as posts supporting overhead structure, and that the 7.5 feet was free and clear for parking use. Since this is a matter of buildings and blueprints, it would be appropriate for the Zoning Enforcement Official to examine the application to see whether or not he concurs with the ability or lack of ability to provide 8.5 foot wide parking spaces in the garage. 2. The site plan does not show the intended dumpster(s) loca- loos t<.s 4 r 1"4 , tion. The dumpster sizing must be determined with the help of BFI r , r ,.�Y� based on the intended uses of the property, and the dumpster(s) S must must be located on the applicants' property, not within the R1�c' public right -of -way (the alley). BFI can also tell the appli- cants if the intended location of the dumpster(s) is acceptable for BFI's access. ry i j,t t . 3. The vehicle and pedestrian circulation patterns in the area ( log" (.. appear to be adequate to meet the project demands. Service and t '° r M,lss delivery vehicles have access to the project from the alley. The S++°' structure should be designed to allow for these vehicles to provide services from the alley - that is, there should be a door to the kitchen from the alley so that deliveries are not made from Main Street. 4. Utility considerations appear minimal, although the appli- cants themselves should check with each of the utilities in case they might be required to pay the cost of a larger electrical transformer or have any other costs associated with extending any utilities to serve the structure. New utility extensions must be underground. No new aerial hook -ups are permitted. By the end of this summer, all of the aerial utilities in that portion of the city should be completely underground. The adequacy of water flow for fire protection needs must be determined by the fire marshall. 5. Drainage - The additions to the building together with the construction of the proposed parking lot would create adverse �o+ ,, drainage impacts on the public alley and streets. It is sugges- cAe ted that the applicant be required to provide on -site disposal of C *r�� ,,i) these excess drainage flows in the fashion provided for in W Section 20 -17(f) with dry wells or retention ponds or timed release mechanisms or other solution designed by a qualified professional engineer. cc: Jay Hammond, City Engineer CR /cr /memo_88.32 S g CITY = ASPEN 13O 6 ' t'h ' niei[ t reet a spen,° colorado 81611 303125=2020 March 21, 1988 Mr. Remo Lavagnino, Chairperson Aspen Board of Adjustment City Hall Aspen, Colorado RE: 300 W. Main St. Encroachment in Rear Yard Set -back Dear Remo, I am sending this letter to you on behalf of the Historic Preservation Committee pursuant to Section 24 -9.8 of the Municipal Code, as amended by Ordinance 11 (Series of 1987. The Section reads: "The Board of Adjustment shall not take any action on a variance request for development in the H. Historic Overlay District or development affecting a Historic Landmark, without receiving a written recommendation thereon from the HPC." The Historic Preservation Committee granted conceptual development approval for Scott and Caroline McDonald's plan to build an addition to the log house at 300 W. Main Street on February -9, 1988... Their project, entails historic landmark designation of the property and the preservation of the forty year old house. HPC has held three meetings on the McDonald proposal and continues to have concerns about several design features, including fenestration, roof types and massing. Please note that it is possible that if a solution is not reached at our April 12 meeting, that the conceptual approval may expire. However, the proposed location of the addition is principally acceptable to HPC. The reason is that building an addition to the back of the original structure is more historically and architecturally compatible than any other approach considered. The McDonald's general approach is reasonable in terms of historic compatibility. We believe that the intended size and location of the addition do not necessarily overshadow the existing house or neighboring historic structures. Furthermore, the major spruce - trees on the property would be threatened if development were. located more to the east and south; and HPC • finds those trees to make a major contribution to the historic character of the property and Main Street. - • .t. -° 1 Page 2, Letter to Remo Lavagnino We believe that the intention to save the historic log house presents a major difficulty for the applicants to design an addition conforming to the rear yard set -back. HPC recommends that the Board of Adjustment grant a variance for encroachment of the proposed addition resulting in a minimum rear yard set- back of 5.2 feet rather than the required 15 feet. For your information, Ordinance 42 (Series of 1987) created historic incentives including the ability of HPC to allow encroachments into set -backs and limited enlargement above the allowed FAR for historic landmarks in the R -6 and R -15 zone districts. Please be aware that HPC will be using this authority to allow variations from these requirements when it finds that such variations are more compatible for historic residential structures than would be compliance. Because the McDonald's property is in the Office zone district, HPC is unable to grant a variance; and the Board of Adjustment must decide the case. For the reasons given above, HPC would have allowed the encroachment if it had the authority to do so. Sincerely yours, Bill Poss, Chairpe son, sb.300b Aspen Historic Preservation Committee MEMORANDUM TO: City Attorney City Engineer Housing Director Environmental Health Fire Marshall FROM: - Steve Burstein, Planning Office RE: •• a • Conditional Use an pecial Review Parcel ID# 2735- 124 -41 -006 DATE: March 4, 1988 Attached for your review and comments is an application submitted by Caroline and Scott McDonald requesting Conditional Use and GMP Exemption for employee housing to build a 1400 sq. ft. addition around the west and north side of the existing house, to contain one free - market and one employee unit. The original house would be converted into a restaurant. The property is located at 300 W. Main St., that being Lots Q,R,S, Block 44, and is zoned O. Please review this material and return your comments to this Y. office no later than March 25, 1988 in order for this office to have adequate time to prepare for its presentation before P &Z. Thank you. >6 r /T/ /' / 5 / /n' „ ;^ t /1 . '� ' Nse Nor MEMORANDUM TO: City Attorney City Engineer Housing Director Environmental Health Fire Marshall FROM: Steve Burstein, Planning Office RE: McDonald Conditional Use and Special Review Parcel ID# 2735- 124 -41 -006 DATE: March 4, 1988 Attached for your review and comments is an application submitted by Caroline and Scott McDonald requesting Conditional Use and GMP Exemption for employee housing to build a 1400 sq. ft. addition around the west and north side of the existing house, to contain one free - market and one employee unit. The original house would be converted into a restaurant. The property is located at 300 W. Main St., that being Lots Q,R,S, Block 44, and is zoned 0. Please review this material and return your comments to this office no later than March 25, 1988 in order for this office to have adequate time to prepare for its presentation before P &Z. Thank you. • .,. ti ASPEN /PITKIN PLANNING OFFICE 130 S_ Galena Street • Aspen, 03 81611 (303) 925-2020 Date ,0 { ) (iJ7eri `'G1tk ' y'lc if‘_ef Ou� wat]li.�t1 , • • RE: I/ l__ /. /J ( Dear ,* - uv This is to inform you that the Planning Office has completed its preliminary review of the captioned application- We have determined that your application IS NOT complete_ Additional items required include: Disclosure of Ownership (one copy only needed) Adjacent Property Owners List /Envelopes /Postage (one copy) Additional copies of entire application Authorization by owner for representative to submit applica- tion Response to list of items (attached /below) demonstrating compliance with the applicable policies and regulations of the Code, or other specific materials A check in the amount of $ !P+ A. Your application is complete and we have scheduled it for review by the on _ We will call you if we need any additional information prior to that date_ Several days prior to your hearing, we will call and make available a copy of the memorandum.. Please note that it IS NOT your responsibility to post your property with a sign, which we can provide you for a $3.00 fee. B. Your application is incomplete, we have not scheduled it review at this time. When we receive the materials we have. requested, we will place you on the next available agenda. If you have any questions, please call the planner assigned to your case_ Sincerely, ASPEN /PITKIN PLANNING OFFICE CERTIFICATE OF NAILING I, ereby certiry that on this 41 1 day of 19% , a true and correct copy of the attache. Notice of Public Hearing was deposited in the United States mail, first -class postage prepaid, to the adjacent property owners ap indicated on the attached list of adjacent property owners which was supplied to the Planning Office by the applicant in regard to the case named on the public notice. P Nancy Caeti r (5)10.1 "' No(a r ( 3o k e wn E-761M 3 I I " CL- J ca 3 c 51 \ 46 v\ `3 33 {C :� G lsifi�- /7 -5D-0 (fain /S i f V� / 3 .rN 1vSG 12.(x_.IC o ' 9 33 N-(0(,) � 0[ 467014SS _33 920 / ✓i j t i1 ( T O L2 / of l/ /( (fl 3R P / 1 3e� ,7 3 �3�� . � , <t 37 40 c Pao Joh n awe e S 2 , 9 n2e& � » 396 5 ;570 Canes ac , /an.5 01'5' 11) 6yz6/ 37 Lc 7 \ eA 3 »/ G m e JJ °ix mO 37 £\ &« 2 C g2At x to Z W 1" ' ee /6 a� /5 d o f , / 2 /& Co 6 % 3 7 / K » wx" »««56xa d C . / yo - [ Dl / c, d935 %7 - % » W m . C:i C W & @ P 3./ /e7 % . g > S7 % 4S CZ6l &O P.O. /3 Si / /en (G 131,6c< ' 3 / /32 53he o J �c++ro A- y- ,10 i17/ mo7(4o/1 kac& /4t -7P ea /cc/ !1 !' E P 5MAZ; if? /i) • r3`x' t 14s : en) COLc 57W?-, 413 Jen as U; vi CAIN � «.0. r_n`_'c c 31 /75- )t) , Go 2-13 c L /9 e4 - &sr- Jac C '4 (Li Go 07' &) ( 5377 / PE) -- /l (ED 4 10 1-c ? /J6 s3 s , Co Sr &17 4/2 cr 3eQcid , Q,use e C'CJ L - S n k3 ? /rrsP &r 1 Cc; S l c, l :2 ''7`5 Az, L Pianoii?& PE.5I61) /Zc- xuCii 3u, Y6 /10 0 /T)0 o Sir /7 ue2761) � gGs 7 7cc ,k. C /c( 5iyjitf- 32, G 1 ✓ (?cu /C e 7E�-L:1 J) 1 f`� at(LC(R D c I1 3 (c) Lk A f! (UH 7? 8iC;(2 rn e_ ikZ - kV be sAi1; £ Cis /Ii/iTe LI / ci L (lac CD l 3 6 /0 . cte CcJ /11 LL-t cX2Jj 6)0-4 ;�=t7c r d a 33q 3:3 Lti L ( i c; Cant ;re,r c e /l/ Sote_dcyj S79-11 D l G'kts eitDC5 c tic/ t= l/5/7'7 5U z79i f. C77afE J 11 , 11 ,/ Lf c! tv 6,.‘,4{ L c 7 0 33 w l ()0 0-1 Ct s eit) Co Stco(l . 23.c - = j>'= to )3.-c; 6 . U -u, / EFi 7 3 2 /276 a dc(> lake lore `Cu d), 7-at 6S 770x7 _ ./ (7.-1 cry s C; t / of =er, . A- U mice 67(„D�/ /3 57; C., /4 , (6 GI(( 2 5?) /9 ; o A) i3 . rc'(. 3' iS � u L-5/1 a IC ) '/( -j o C /0 l) CJ /,u :?< 'p . cc Co n i* 16 ;>., 3d /95 ?o Co 3 /z- t CRS cog- (- o o / C S/ ACTS /9 ;r 0, !V . 1-c/ F 3T3 uJ • 3 ee-ge 7 :✓ e1'n co iF/6 5 7 0 C:2P� 0. Lc() 6 s ctc-o 9 r &. KedC /&,) P /tica i2-(S cLU e PLc&Io, Co S /6313 %tip ; eir s /Y 3/ el e<, c ace 0 7 ( <a5 7@ C7 5/ 6— P '3oe ch j2Q n )2c7 Co 576 57 , t f 2r S cb w /7 l'r�F�7I L (2) S J r1 t L .*Y) 7 /U PamvG W. /i mh < /7547 i Co s I6 (1 l E /i1 c <(' c1 6ot-A c-( L . cy 9-t6 Pe-c/ / (6 C rY a001 0 , 577 eL] yv (- ;zV1 &5 C;G a__ //&(r) Si A - -4 1 c Cis (/ 233 (u, Miai✓) < �5 P -eo, CO, c /C%l/ 5 lU S G— C - e;w KMir) ,SIC n..e �dL . C` h 15 :2 )' C %.(Y) 71 . /.771)- / C Sl(; l/ 51 of SA 11, Eck (l CG,44le c'Q GC to ln 60 Te Ai .GL) ir7LLii (Q Cec.lZC-A Q SG `j — QY OD 0 C- -(t"l / C /- ,6, n,) (n o 6967 cE: Ccm O(?! 06C /7)c, s5 6=x1 ( 4C y< i.kJ , ✓u 1 u-t 6 .r aid c, A- /✓eceu2fJ5 /17 15cy cj . C j? L{cun - 7 1 2) CL)- Alcz �l /� / Co Srol/ 3 -'j C . kc(0 T l"" r et') p _o t3/41 So ,1 , 6 b /7/ l5 / 3 0) 6 Lurrt 1 1 �. kr > C`•/YL l'u.L1A • JC;a?E CIcGC v t c ( n 1 DC`(- (i S & Cjust em) cx Z9z i c. +' , c• P P -c) _ &r/ c, PQ-7' Co fL( e /95 k12 ecifkx min J i (r) — 3 f� t /t0 6,ul:ES CS5°C - /mac. / l 6(/ /Leo !`? 7 /27 /j 0 gtiu day L( S. C('� -EiU Jr /Gi 0 /3uts -ir 41. ( x (Li .Sv f P_ tit dcL 3 73 Y i • P. /f/7' 3V G2 -- f'o✓K rn S (Lo-e ft5Pen Lt.) oi.zon 5. G 6 . 8ov /3A2 (t) - r t/ z Ace?) / -/ G/c c+ s �y , 4 ( co c //r ) J t*sP w S76, // I I K-;a1 ! 1 / C 6,t4i ic c aco 4 3 -e 1 (6 776 7 . 07 , fh /Ct 5 a, 41 1- 6 / 1 !)b ,2e)r) C u 9'DO (. C 2Up1) PaC e Y57 ou. /kf/4 nS /1 Il Co 5 / (-I C rk.(Zer Conn , { , Ant - ,-7m & 14 X t , Luck �ze v Pace L- so n L1 Gyp u er GO ✓J aercui I Co- Y-2-),� - u.cH on E n■ lti\ J � h , J - c37 etc) r elcu3'' o `f (cLG RD 5T C c,.LC P (c, cc ICULGI l x -770a.7 , 3 i 5 21 . vW) cl Cu (2 L 3 As?a n ( CCU PC-1t6 (us s . 3e Cr- -6 a-L ± H . M��v,III /} 3 5"3 2 . ):,06 -t�" (l -% m G� . - • •� : r 4/5-' w . 7/5 7/6 n 5 coon PG - - 3 /C L r 7)9C 7)(22/7 t CbroUn P c/ &p �ct c1L;- 1?c e t3L Su Ft I lc i3 c / tn 64d 34 &c,77 .z,id (ow �� /Q SY6fl �ac� vt %u il SCo 7/ 77 37 i Scc// 7 - 7= -6;` Y . / -- 2cr 757a Li i Cep CP0197 it _ � , J -7 �5 71ST I p (C (/-) Ho &U A(. ;5 �� ricEieS CC C) LC �� J Cf AN tit tk n e >,C•1 -. ,� ; QS >ii 300 WEST MATN RFSTOFNCF, AT)OTTTON FJ,RVATTON NOTES REV .B DATE:3 \1 \88 - 1- t X 6" LAPSTRAKE, ROUGH SAWN "NATIVE" OR CEDAR. -2- 8 3/4" X 8 3/4" ROUGH SAWN SPRUCE OR LOG POLE PINE TIMBERS, CHINKING = 2 ". -3- WINDOW/DOOR TRIM: ROUGH SAWN t X 6 ", 1" X 4" "NATIVE" OR CEDAR. -4- ROOF: TAR AND GRAVEL. - 5- ROOF: GREEN "PRO- PANEL" - 6- SKYLIGHTS: BOX HEIGHT = 6" ABOVE TAR AND GRAVEL. FOR ADDITION FLAT ROOF ONLY, NOT DEPICTED. - 10- TRUE DIVIDED LIGHT WINDOW. COT.OR SCHEME -7- GRAY TRANSLUCENT STAIN, MATCHING WEATHERED OXIDIZED LOGS OF ORIGINAL STRUCTURE. - 8- NATURAL FINISH SEALER, FOR 8 3/4" X 8 3/4" TIMBERS. AFTER WEATHERING TO MATCH ORIGINAL STRUCTURE. -9- OFF -WHITE STAIN: WINDOW/DOOR TRIM HIGHLIGHTS FOR GABLE/BAY WINDOWS. REQUEST FOR CONDTTTONAI, USE. I REQJJESTORS AND OWNERS: Scott and Caroline McDonald ADDRESS: 300 West Main St. Block 44, Lots Q,R,S. ZONE DESIGNATTON: 0 Zone. CONDITIONAL USE. REQUEST: Restuarant in Historic Designated Structure. RESTUARANT PARTTCULARS: Size: 1400 sq.ft. Seating: 50. Fare: Low /moderate cost family food. Bar: Yes Ambiance: Rustic Log interior. Operation: Possible 3 meals /day Piahl Access: Original structure Historical designate. 0 By owners. VTSJJAI, TMPACT TO SURROUNDING PROPERTTES: Minimal for the following reasons: Open space: Large open space ratio: 6100 sq. ft. for a 9000 sq. ft. parcel Open space boarders 2nd and Main Street. Trees: Five existing large spruce trees shall remain. hiving addition: Modest. size (exterior areas): Owners living space: 1892 sq.ft. Owners garage: 270 sq.ft. Employ Ho using} 450 sq.ft. Restaurant Area: 144 sq.ft. Building materials: - 1st floor: Log with chinking same as original - 2nd floor: Balloon frame with lapstrake siding (stained grey). - Trim: off- white - Windows: True divided light. Addition roof lines: Addition roofline is offset from the original structure's roof line to maintain the identity of the original structure.The addition roof elivation is the same as the original structure "s,1910 "above grade.This is low compared to the Elisha carriage house, 34 "6" above the original structure's grade. Add' .+nn fr- age: Main St.:21 ft.,2nd St.:18 ft. PUBLIC IMPACT: Pedestrian Circulation: Impact minimal Ref.site plan. Vehicular Circulation: Impact minimal some extra traffic from Main St. to 2nd. Parkins: Impact minimal - Existing street parldng has low useage, potential, 8 spaces. - Possible additional 2nd St. off street parking spaces,ref.site - Proposed off - street parking:6 spaces,ref.site plan. Trash: - Dumpster located off the alley in the garage. - BFI recommends 2 yd. dumpster,ref.site plan. Service Delivery: - Off alley, delivery chute to basement. - Off alley access to restaurant through garage. Noise: Minimal impact: - Slight addtion to Main St. traffic noise. - Log walls minimize sound transfer. Odors: Minimal impact. - Char- broiler supplied with electrostatic condenser, minimizing particle ladened smoke. ?Ur,TC FACTr,TTTF,S: - Fire hydrant exist on the corner of 2nd and Main St. - Bus service. - Walldng distance, within six blocks of downtown. - Restaurant public facilities per state and city codes. 300 WEST MATN RESIDENCE ADDTTTON FT,EVATTON NOTES REV.R DATE:3 \1 \88 -1- t X 6" LAPSTRAKE, ROUGH SAWN "NATIVE" OR CEDAR. - 2- 8 3/4" X 8 3/4" ROUGH SAWN SPRUCE OR LOG POLE PINE TIMBERS, CHINKING = 2 ". - 3- WINDOW/DOOR TRIM: ROUGH SAWN t X 6 ", t X 4" "NATIVE" OR CEDAR. -4- ROOF: TAR AND GRAVEL. - 5- ROOF: GREEN "PRO- PANEL" -6- SKYLIGHTS: BOX HEIGHT = 6" ABOVE TAR AND GRAVEL. FOR ADDITION FLAT ROOF ONLY, NOT DEPICTED. - 10- TRUE DIVIDED LIGHT WINDOW. COT,OR SCHEME - 7- GRAY TRANSLUCENT STAIN, MATCHING WEATHERED OXIDIZED LOGS OF ORIGINAL STRUCTURE. -8- NATURAL FINISH SEALER, FOR 8 3/4" X 8 3/4" TIMBERS. AFTER WEATHERING TO MATCH ORIGINAL STRUCTURE. - 9- OFF -WHITE STAIN: WINDOW/DOOR TRIM HIGHLIGHTS FOR GABLE/BAY WINDOWS. REQUEST FOR HISTORICAL DESIGNATION REQUESTORS: SCOTT AND CAROLINE MCDONALD PROPERTY: LOG HOUTJS5 300 W. MAIN ST. BLOCK 44 LOTS Q,R&S. REFERENCE: ATTACHED CHRONOLOGICAL HISTORY FOR 300 W. MAIN ST. HOUSE CONSTRUCTION ON 300 W. MAIN WAS COMPLETED IN 1044, SIX YEARS SHORT OF THE 50 YEAR REQUIREMENT. THE STRUCTURE DOPs MERIT HISTORICAL DESIGNATION FOR THE FOLLOWING REASONS: . 1. THE HOUSE IS THE ONLY PROMINENT SURVIVING CITY STRUCTURE REPRESENTATIVE OF TURN OF THE CENTURY LOG HOUSE CONSTRUCTION. MANY LOG STRUCTURES EXISTED IN VICTORIAN ASPEN AND WERE LATER SHEATHED WITH FACADES. THIS SHEATHING PRACTICE OCCURED UP TO THE MID 10E0s. 2. HOUSE CONSTRUCTION WAS PERFORMED BY OLD TIME ASPENITE LEO "POPE" ROWLAND, "RED" ROWLANDS BROTHER, AND VALLEY MASON JOHN PARSONS. 3. THE HOUSE IS ONE OF THE FIRST HOMES BUILT IN ASPEN AFTER TIIE TURN OF THE CENTURY TILE LOG CABIN 300 WEST MAIN BLK 44 LOTS Q. R.& S. CHRONOLOGICAL HISTORICAL FACT SHEET 1893 ORIGINAL STRUCTURE ON NILITZ MAP AT EXACT SAME LOCATION ON LOTS R R; 3, ORIGINAL SHED ALSO AT MAPS LOCATION -FRAME AND CLAPBOARD 1893 ASPEN DIRECTORY SHOWS A.B. SHELLEDY, SURVEYOR AND S.A. SHELLEDY AT 304 MAIN ST. (LOTS Q.R. &.S.) STRUCTURE REBUILT OR TORN DOWN 193 -1940 ? 1937 - 1944 "ONE OF THE FIRST STRUCTURES BUILT AFTER THE 1890's" ROMONA MARKALUNAS BUILT ACCORDING TO RECORDS AND EYEWITNESS ACCOUNTS (WAREN CONNORS, ASSESSORS OFFICE) BETWEEN 1937 & 1944 1. WAREN CONNORS NOTED LEO ROWLAND BUILDING ON IT IN 1944 (COUNTY RECORDS SHOW L. ROWLAND TAKING A LIEN ON VERA WURLS" PROPERTY IN 1937.) 2. MR. CONNORS ALSO SAW JOHN PARSON, THE VALLEYS MASON BUILDING "THE EXCEPTIONALLY LARGE AND UNUSUAL ROCK FIREPLACE" APPLICATION FOR HISTORICAL PRESERVATION APPLICANTS: SCOTT AND CAROLINE MCDONALD INTRODUCTION APPLICANTS REQUEST FOR HISTORICAL DESIGNATION OF 300 W. MAIN ST. IS PREDICATED ON THE INCENTIVE OF CONDITIONAL USE OF THE ORIGINAL STRUCTURE AS A RESTAURANT. THE HISTORICAL IMPORTANCE OF THE ORIGINAL STRUCTURE IS ENHANCED ONLY BY PUBLIC VIEWING OF THE INTERIOR. THE PRESENT HPC, P&Z, CITY COUNCIL REVIEW PROCESS DOES NOT INTEGRATE HISTORICAL DESIGNATION WITH CONDITIONAL USE OF A PROPERTY. THAT IS HISTORICAL DESIGNATION BEING CONTINGENT TO GRANTING A CONDITIONAL USE. THIS IS NECESSARY TO ALLOW ALTER— NATIVE PROPERTY DEVELOPEMENT. IF CONDITIONAL USE FOR THE ORIGINAL STRUCTURE AS A RESTAURANT IS DENIED ALTERNATE DEVELOPE— MENT OF THE PROPERTY MUST PROCEED. DUE TO THE CENTRAL LOCATION OF THE STRUCTURE RELATIVE TO LOTS Q, R °a S COMMERCIAL DEVELOPE— MENT WOULD NECESSITATE DEMOLITION. UNDER THE PRESENT REVIEW PROCESS OF BEING HISTORICALLY DESIGNATED FIRST COULD ELIMINATE THE EMOLITION OPTION OR ALTERNATE DEVELOPEMENT IN A REASONABLE PERIOD OF TIME. THIS WOULD BE AN UNREASONABLE ECONOMIC HARDSHIP. THE DESIGN OF THE PROPOSED ADDITION MINIMIZES THE VISUAL IMMPACT ON THE NEIGHBORHOOD AND IS VISUALLY SUBORDINATE TO THE ORIGINAL STRUCTURE. THE ADDITION HAS BEEN INSET ON THE NORTH SIDE RELATIVE TO THE ORIGINAL STRUCTURE AND ADDS APPROXIMATELY 2800 SQ FT OF FLOORSPACE FOR FAMILY AND EMPLOYEE HOUSING. THAT IS A TOTAL OF APPROXIMATELY 3880 SQ FT OF EXTERNAL FLOOR SPACE OF WHICH APPROXIMATELY 1400 SQ FT IS THE RESTAURANT. A 9,000 SQ FT SITE IS ALLOWED 6750 SQ FT OF EXTERNAL FLOOR SPACE. THE ROOF LINE OF THE ADDITION MATCHES THE ROOF OF THE EXISTING STRUCTURE,.ROOF APEX AT 19' 10" ABOVE GRADE, 14.5 FT BELOW THE APEX OF THE ADJACENT CARRIAGE HOUSE. PITCH ROOF APEX BY CODE (24.7) MAY BE 30 FT ABOVE GRADE. ADDITION OFFSET FROM MAIN ST. IS 42.8 FT BY CODE (24.3.3, 24.3.7) THIS MAY BE 10 FT. THE OFFSET FROM THE CARRIAGE HOUSE PROPERTY LINE IS 5 FT, BY CODE THIS IS 5 FT. THE ALLEY OFF SET IS 5.2 FT., BY CODE THIS IS 15 FT. CONSTRUCTION MATFR.IALS OF THE ADDITION MATCH THOSE OF THE ORIGINAL STRUCTURE TO MINIMIZE VISUAL DETRACTION. AGAIN IN CONCLUSION THE INCENTIVE FOR THIS MODEST DEVELOPE- MENT IS TO HAVE HISTORICAL DESIGNATION CONTINGENT UPON CONDIT- IONAL USE OF THE ORIGINAL STRUCTURE AS A RESTAURANT. THE ALTERNATIVE WILL BE DEMOLITION AND PROPERTY DEVELOPEMENT PER "0" ZONING CODES. DUE THAT OUR RESIDENCE ON THE PROPERTY WOULD NOT BE ECONOMICALLY VIABLE OR DESIRABLE THE PROPERTY WOULD BE DEVELOPED TO THE ALLOWABLE LIMITS. 1/19/88 MR ih 1 ) c od mac- — 2E =% ani aubIflCi4'.Iluj, (Cr6,ua) -6 std "to wi4vtir Pie - 2i a1Y PP?-eXmVc, — U l tific UJ U`c ‘0€1K1 - Pie t \)^- KaSi/ \ Com? cr. H Ou l 21, is cwt VLe 6 C t Yl c oAo ( t Qum our i revncs Lca - 0,?UU )Q C. 1 '2 — VU c L,Ailern Y1J ceciu U1111 — No cc; \91e, vvs up ao- roc �l(t i\AO r d — kt1c me to Coc■ 1'A: V wit/ c&c A)EQk- 'Pe- C °Ca'tcA .261 u - nfLAMu — c> K {'Dti PJ v — earTh mew ?) h ! C P i •u 3 to Drte i cC Aaorts.K No Qcc b\evvl 4)12 usi, C& £ s n» CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: 3/4T PAR p AND E NO. DATE COMPLETE: X135- 1 'f -/Vo 0 7 8A A J � / STAFF MEMBER: S- 2 PROJECT NAME r ( '3 --A R l QL ( Wi t *e eta � Y�� Project Address: APPLICANT: , r 1 , c I 4 , fie L Applicant Address: 3 REPRESENTATIVE: Representative A.* ress /Phone: PAID: OP NO AMOUNT: 0 8 1) TYPE OF APPLIICATION: 1 STEP: v 2 STEP: 2) IF 1 pTEP APPLICATION GOES TO: � J P &Z CC .PUBLIC HEARING DATE:(Q " o r Vrn -4-Q) 3) PUBLIC HEARING IS BEFORE: 12'1Z) CC N/A DATE REFERRED: INITIALS: REFERRALS: sir. - ra..c$ e Jat / City Attorney Mtn. Bell School District v ! City Engineer Parks Dept. Rocky Mtn Nat Gas J t Housing Dir. Holy Cross State Hwy Dept(GW) Aspen Water '1 Fire Marshall State Hwy Dept(GJ) \j( City Electric Fire Chief Bldg:Zon /Inspect Envir. Hlth. Roaring Fork Roaring Fork Aspen Consol. Transit Energy Center S.D. Other FINAL ROUTING: DATE ROUTED: INITIAL: City Atty City Engineer Bldg. Dept. Other: FILE STATUS AND LOCATION: REQUEST FOR CONDITIONAL USE. REpUFST0RS AND OWNERS: Scott and Caroline McDonald ADDRESS: 300 West Main St. Block 44, Lots Q,R,S. ZONE DFSTGNATTON: 0 Zone. CONDTTTONAT, USE REQUEST: Restuarant in Historic Designated Structure. RESTUARANT PARTICULARS: Size: 1400 sq.ft. Seating: 50. Fare: Low /moderate cost family food. Bar Yes Ambiance: Rustic Log interior. Operation: Possible 3 meals /day Public Acce.a: Original structure Historical designate. Operated: By owners. VISUAL IMPACT TO SURROUNDTNG PROPERTTF,S: Minimal for the following reasons: Open spare: Large open space ratio: 6100 sq. ft. for a 9000 sq. ft. parceL Open space boarders 2nd and Main Street. Treasi Five existing large spruce trees shall remain. I,ivina addition: Modest. size (exterior areas): Owners living space: 1892 sq.ft. Owners garage: 270 sq.ft. Fmplovee Housing: 450 sq.ft. Restaurant Area: 144 sq.ft. Building materials: - lst floor: Log with chinking same as original -2nd floor: Balloon frame with lapstrake siding (stained grey). -Trim: off - white - Windows: True divided light jdition roof lines: Addition roofline is offset from the original structure's roof line to maintain the identity of the original structure.The addition roof elivation is the same as the original structure"s,19 "10 "above grade.This is low compared to the Elisha carriage house, 34 "6" above the original structure's grade. frrint Main St.:21 ft.,2nd St.:18 ft. pORI,TC IMPACT: Pedestrian Circulation: Impact minimal Ref.site plan. Vehicular Circulation: Impact minimal, some extra traffic from Main St. to 2nd. Parking= Impact minimal - Existing street parking has low useage, potential, 8 spaces. - Possible additional 2nd St. off street parking spaces,ref.site - Proposed off - street parking6 spaces,ref.site plan. Trash: - Dumpster located off the alley in the garage. - BFI recommends 2 yd. dumpster,ref.site plan. Service Delivery: - Off alley, delivery chute to basement. - Off alley access to restaurant through garage. Nnise: Minimal impact: - Slight addtion to Main St.. traffic noise. - Log walls minimize sound transfer. Odors: Minimal impact. - Char- broiler supplied with electrostatic condenser, minimizing particle ladened smoke. FURL FACTT,TTTF,S: - Fire hydrant exist on the corner of 2nd and Main St. - Bus service. - Walking distance, within six blocks of downtown. - Restaurant public facilities per state and city codes. 900 WEST MATM RESTDENCF ADDITION ELEVATION NOTES REV.B DAT E:3 \1\88 - 1- 1" X 6" LAPSTRAKE, ROUGH SAWN "NATIVE" OR CEDAR. -2- 8 3/4" X 8 3/4" ROUGH SAWN SPRUCE OR LOG POLE PINE TIMBERS, CHINKING = 2 ". - 3- WINDOW/DOOR TRIM: ROUGH SAWN 1" X 6 ", 1" X 4" "NATIVE" OR CEDAR. -4- ROOF: TAR AND GRAVEL. -5- ROOF: GREEN "FRO- PANEL" -6- SKYLIGHTS: BOX HEIGHT = 6" ABOVE TAR AND GRAVEL. FOR ADDITION FLAT ROOF ONLY, NOT DEPICTED. - 10- TRUE DIVIDED LIGHT WINDOW. COLOR SCHEME - 7- GRAY TRANSLUCENT STAIN, MATCHING WEATHERED OXIDIZED LOGS OF ORIGINAL STRUCTURE. - 8- NATURAL FINISH SEALER, FOR 8 3/4" X 8 3/4" TIMBERS. AFTER WEATHERING TO MATCH ORIGINAL STRUCTURE. - 9- OFF -WHITE STAIN: WINDOW/DOOR TRIM HIGHLIGHTS FOR GABLE/BAY WINDOWS. APPLICATION FOR HISTORICAL PRESERVATION APPLICANTS: SCOTT AND CAROLINE MCDONALD INTRODUCTION APPLICANTS REQUEST FOR HISTORICAL DESIGNATION OF 300 W. MAIN ST. IS PREDICATED ON THE INCENTIVE OF CONDITIONAL USE OF THE ORIGINAL STRUCTURE AS A RESTAURANT. THE HISTORICAL IMPORTANCE OF THE ORIGINAL STRUCTURE IS ENHANCED ONLY BY PUBLIC VIEWING OF THE INTERIOR. THE PRESENT HPC, PB :Z, CITY COUNCIL REVIEWW PROCESS DOES NOT INTEGRATE HISTORICAL DESIGNATION `•.WITH CONDITIONAL USE OF A PROPERTY. THAT IS HISTORICAL DESIGNATION BEING CONTINGENT TO GRANTING A CONDITIONAL USE. THIS IS NECESSARY TO ALLOW ALTER- NATIVE PROPERTY DEVELOPEMENT. IF CONDITIONAL USE FOR THE ORIGINAL STRUCTURE AS A RESTAURANT IS DENIED ALTERNATE DEVELOPE- MENT SENT OF THE PROPERTY MUST PROCEED. DUE TO THE. CENTRAL LOCATION OF THE STRUCTURE RELATIVE TO LOTS Q, R Pz S COMMERCIAL DEVELOPE- MENT WOULD NECESSITATE DEMOLITION. UNDER THE PRESENT REVIEW PROCESS OF BEING HISTORICALLY DESIGNATED FIRST COULD ELIMINATE THE EMOLITION OPTION OR ALTERNATE DEVELOPEMENT IN A REASONABLE PERIOD OF TIME. THIS WOULD BE AN UNREASONABLE ECONOMIC HARDSHIP. THE DESIGN OF THE PROPOSED ADDITION MINIMIZES THE VISUAL IMPACT ON THE 'NEIGHBORHOOD AND IS VISUALLY SUBORDINATE TO THE D ORIGINAL STRUCTURE. THE ADDITION HAS SEEN INSET ON THE NORTH SIDE RELATIVE TO THE ORIGI "AL STRUCTURE AND ADDS APPROXIMATELY 2800 SQ FT OF FLOORSPACE FOR FAMILY AND EMPLOYEE HOUSING. THAT IS A TOTAL OF APPROXI ^LATELY 3880 SQ FT OF EXTERNAL FLOOR SPACE OF \HICH APPROXIMATELY 1400 SQ FT IS THE RESTAURANT. A 9,000 SQ FT SITE IS ALLOWED 6750 SQ FT OF EXTERNAL FLOOR SPACE. THE ROOF LINE OF THE ADDITION MATCHES THE ROOF OF THE EXISTING STRUCTURE, ROOF APEX AT 19' 10" ABOVE GRADE, 14.5 FT BELOW THE APEX OF THE ADJACENT CARRIAGE HOUSE. PITCH ROOF APEX BY CODE (24.7) MAY BE 30 FT ABOVE GRADE. ADDITION OFFSET FROM MAIN ST. IS 42.8 FT BY CODE (24.3.3, 24.3.7) THIS MAY BE 10 FT. THE OFFSET FROM THE CARRIAGE HOUSE PROPERTY LINE IS 5 FT, BY CODE THIS IS 5 FT. THE ALLEY OFF SET IS 5.2 FT., BY CODE THIS IS 15 FT. CONSTRUCTION MATERIALS OF THE ADDITION MATCH THOSE OF THE ORIGINAL STRUCTURE TO MINIMIZE VISUAL DETRACTION. AGAIN IN CONCLUSION THE INCENTIVE FOR THIS MODEST DEVELOPE- MENT IS TO HAVE HISTORICAL DESIGNATION CONTINGENT UPON CONDIT- IONAL USE OF THE ORIGINAL STRUCTURE AS A RESTAURANT. THE ALTERNATIVE PILL BE DEMOLITION AND PROPERTY DEVELOPEME.;T PER "0" ZONING CODES. DUE TIIAT OUR RESIDENCE ON THE PROPERTY WOULD NOT BE ECONOMICALLY VIABLE OR DESIRABLE THE PROPERTY WOULD BE DEVELOPED TO THE ALLOWABLE LIMITS. 1/19/88 • P A1- 1c�T 1 Y 0 . ^F u— x �---r C I 4 - / 1,1 w , 4 �11d 15 ,, @ / 1 � . . - ��LIS - J I I 0 .7 5 , '� / N�-� S I i i II ° �� �:' r ' Y / Fi:'.lt.IPATIf _ 0. 5 — k'LT. WALL i4. �; u �'� n) = - I Or. C- S C n - Z - ( ' ; D LOG HOUSc 4.0' ,_',,,, . 1\ q z, ill 44 0; 1 J O m I . • . I • .'AIL FF_ I. r • I r } n 26.L •.• f ` I 1 PLANTErt f n - U U � f kl -' u c 7O II 0 ! L I 1,1E I? U , I U .G W /EFL _ ALLL! 4 ) ( 1 Fr,OF: UWE O .4G' . 20 �� k W i- CHISELEVX''5E -) ' 75•09'II "1n/ "9c).(7 CFiISELEL X "FCI!�_ !GONG. S /w: 4 MRDSL) Q X0)1. MAIrl ST IMPROVEMENT SURVEY • Lots Q, R, and S, Block 44, City ()tivG and Townsite of A spen, County of . Pitkin, State of Colorado. (3')r) W. Main St., Aspen, CO 81611) SURVFYOR'5 STATEMENT I, JAMES W. SEXTON, STATE THAT THE IMPROVEMENTS ON THE ABOVE- DESCRIBED "A•R- CEL ON THIS DATE, OCTOBER 7, 1987, EXCEPT UTILITY CONNECTIONS ARE ENTIRELY WITHIN THE BOUNDARIES OF THE PARCEL, II ANY ADJOINING UPON THE DESCRIBED PREMISES, EXCEPT AS INDICATED, AND THAT THERE IS NO APPARENT VIICEXOR�T SIGN OF ANY EASEMENT CROSSING OR BURDENING ANY PART OF SAID PARCEL, AS NOTED. I FURTHER STATE THIS MAP AND THE SURVEY ON 6• ?HICH IT IS BASED WERE MADE IN ACCORDANCE WITH THE MINIMUM STANDARD DETAIL REQUIREMENTS FOR IMPROVEMENT AND JOINTLY MAP WAS FOR 1. ADOPTED SCOTT AND M. CAROLINE 1961, CAROLINE AND THAT THIS MCDONALD FOR THE USE OF STEWART TITLE OF ASPEN. NOTES 1. Survey was based on monuments at the intersections of 1st and Main Street and 3rd and Main Streets, which were field - checked and found to be \ \111�1 / /ry! substantially correct. • ,, .:``� 1IA W:to,���„ �' � "'° 2. Chiseled "X" at southeast corner of property is eztr`�srpe� eet from . 0 true property corner. ; , aE a 1634_ ., 1 BY: ,Ir ."..:. .._a1 am s s•. y' - • RI'J f,R° - Job u mber : � ' � f ' M 1rk m kt \ -85 HIGI' COUNTRY --V - - ,-/_./. .___,---____,--; SUR TIETORS f 1 r ; ;fl • J ,1. , 7 -, c ( ;1,J WWond cnrInps, CO p16 01 1 ,i fill: N-- V F O ' L C I N i 3 I 0 k 2a lfart . t 5 7:9,6<'fr 1 r„ 7 � sm■ I 1,,,. Z s 1 al- c S s, -.e.„ -t- \ a ? tid 3� z o k 0 ‘ si #, . \ k. 0 -s" s NE t ^' b a 4 C ac z //i/EY f ( 1 i _ J L1 /2 c jci- 1 'r — - -� �'; r .._ f i /70 1 , NSIMI czt i STS /!7S � H £ qty, @ , r P� -•-•-- w-,----- 1 c ly O C, `\NC IS \\\ — O $1 0 11 � ? r i p cc ti 1f1 4, b Th. k 1,b .;- EST COPY PRE — APPLICATION CONFERENCE SUMMARY PROJECT: 300 W.Main 5 t. 9--25-8,._. APPLICANT'S REPRESENTATIVE: REPRESENTATIVE'S PHONE: 915 8743 OWNERS NAME: C c oft wfrd i;w'tr( Ai, 0, •• i SUMMARY 1 . Type of Application: COn) f' °c1 for EnnployeYHovs 2. Describe action/type develop '' / ype of } ment being requested: A ,,-jnt A Lb;IA AA P�(414:Ein, ay On "i,r Area n auk ,j tt shn ,in l I en,* {, t 1 1 fL e 7C i 4"tin ) kook into t ` t Lfl�,t n..r uhf ^- /n- ;V'w0'2C nN nu ". � f , [. rl�M� 1 Q� N GOn� OWL f a, , ' *vt - d d m.*sJ he nr r w rJ Us OWL m 4, nta.�0:r��ti•f �,,1.dtrn.(, " nn., �; .c air -A ) P ly pedal/ ill { 1/4 nevi. to redut.e on }i +. parkinj �, 1, =n,��, q t0 Pus 1 er rrVlrWSw 3. Areas in which Applicant has been requested to respond, types of reports requested: Policy Area/ Referral Agent Comments — I_ P C - Oh fi o. I W PC rfconh. ld c(ta.y -r: J hot cantthod terpr•v.l m +I, .-rL,l+,ar, v . tI ca"pc+.ons, On K.6.7 -3,!I Pc d i,crsi'^ oa...df•i pia' DFfic _ I Ni• c t c F( oddrfssed ih contl. we app. Inch/fit :(I) hei ?l,6orl — (t "tal ilt I 4 rest AV. Adt Ose) 01) v ,.pt its.j3) pavk;ny, fras I (A L s -) U"'-t vtkitit ti i. ftdrstriAh circui.(;0h A ')oplot t i ,r.. Ehe ihfYrin7 — L, [encwns in.lodi : (I)PArki1 c (2)tre51, c h)scwin deli.{ry, 4a vfI)i cc r/ p °L circ.I.,tioh,(5)d rinvit,b(C)v ,Irhes 1 re Wtarsla 1 — +;re pro tech on eh•evyency servicts fitness 4. Review is: (P&Z Only) (CC /BOCC Only) (P&Z then to CC /BOCC) 5. Public Hearing: (YES) (NO) 6. Did you tel applicant to submit list of :At s.`r. PROPERTY OWNERS? Q) (N0) Disclosure of Ownership: ( :(NO) tvitAin fn was applicant requested to submit :16801•xb(Gni,),400 i " 11tAN6) 7. What fee IlTir 8. Anticipated date of submission: 9. COMMENTS /UNIQUE CONCERNS: f n t,ic:nmrhh.l I . 1ealtl, - Oys head + k re.{ virenwit . Col ;t;rr Alt c)ur'1„ cOnst'O NDUSIn7 CiTIC t Lrhg'D yfr 9PNera+' ohc es.piDy, t OW• )h+O)Srarrii.ht o-nwwwatl - i-n ce „si/If, Ii„ ni wc olt recon es/,hoh toy'” 55 ' !. enp.l , b.(h.i. (M lsrey,' :iii indltrn+rnt oor consldcrAKoh4 l n 1 Chilli? nU5Q City Fitt aril e — hr^i'A rpuit.� enst,iby el I, Dvsin) 41.1 rrstridoh 7 cop ses 4 apelie.fion 1hclvrlin, s %fe plah a ndconctyrtval tlevati8ns