HomeMy WebLinkAboutLand Use Case.CU.434 W Smuggler St.A91-92 CASELOAD SUMMARY SHEET
City of Aspen
DATE RECEIVED: 12/22/92 PARCEL ID AND CASE NO.
DATE COMPLETE: 12/23 2735- 124 -12 -001 A91 -92
STAFF MEMBER: KJ
PROJECT NAME: Thalberq Conditional Use Review
Project Address: 434 W. Smuggler
Legal Address: Lots K,L, & E.15 feet of Lot M, Block 33, Aspen
Townsite, Lots 11,12, & E.15 feet of Lot 13, Block 13, Hallam's
Addition
APPLICANT: Katharine Thalberq ^ti
Applicant Address: 434 W. Smuggler, Aspen
REPRESENTATIVE: Gretchen Greenwood
Representative Address /Phone: 201 N. Mill, Suite 207 \'
Aspen, CO 81611
FEES: PLANNING $ ',I L . DO # APPS RECEIVED 3
ENGINEER $ 90 J # PLATS RECEIVED 3
HOUSING $
ENV. HEALTH $
TOTAL $i05,
TYPE OF APPLICATION: STAFF APPROVAL: 1 STEP 2 STEP:
P &Z Meeting Date 07 PUBLIC HEARING: ® NO
VESTED RIGHTS: ' S NO
CC Meeting Date PUBLIC HEARING: YES NO
VESTED RIGHTS: YES NO
DRC Meeting Date
REFERRALS:
City Attorney Parks Dept. School District
City Engineer Bldg Inspector Rocky Mtn NatGas
)C Housing Dir. Fire Marshal CDOT
Aspen Water Holy Cross Clean Air Board
City Electric Mtn. Bell Open Space Board
Envir.Hlth. ACSD Other
Zoning Energy Center Other
DATE REFERRED: INITIALS: DUE:
FINAL ROUTING: DATE ROUTED: INITIAL:
City Atty City Engineer Zoning Env. Health
Housing Open Space Other:
FILE STATUS AND LOCATION:
apso
LOCAL
Thalberg Withdrawls Bid For Guest Home
By BRYAN ABAS committee to waive the parking and set -
Aspen Daily News Stan ware, back requirements.
In letters to city officials, Thalberg
The wife of former Aspen Mayor Bill acknowledged her request for historic
Stirling has withdrawn an application designation was motivated solely by her
for permission to build a guest house interest in having the parking and set -
adjacent to her Aspen home despite back requirements waived. And she was
winning city approval to waive parking adament that without the waiver, she
and set -back requirements. would withdraw the application. With -
Stirling himself delivered a letter out the waivers the historical designa-
Tuesday from Katharine Thalberg tion is `only an impedement to the rights
making the withdrawal 5 minutes before of individual propertry owners," she
members of the city planning commis- wrote.
lion were to meet to consider the Thalberg argued the parking require-
application. ment should be waived because there's '
"The reasons for my withdrawal are plenty of on- street parking in her neigh- i
personal," Thalberg wrote. "The appli- borhood. For many residents in the area,
cation process has been so lengthy that the homes are second residences. The
my life situation has changed during the owners are rarely in town, she said.
interim." She also noted that she could add to
But as recently as last week Thalberg her house without having to get city
was pursuing the project she first sought -, approval. She wasn't doing so. she said,
approval for last July. Members of the because of her commitment to preserve
historic preservation committee last its historic value. "1 am not a developer,
week approved her request to have her making threats," she wrote in a Septem-
home designated an historic landmark, ber, 1992, letter, "I am a long -term resi-
- and they waived requirements that she dent, dealing realistically with the
create four off- street parking spaces and choices before me."
set the house at least five feet off adjoin- But city officials refused to back
61140111 Iftlil :+': i."'.< i 'i3O: ri � ing property lines. y hia >tta;:
Thalberg didn't respond to a request Thalberg. In a Nov. 17, 1992, memo,
for comment Wednesday. Stirling engineer Chuck Roth called Thalberg's
declined comment on whether he had proposal to push up to four cars onto city
discussed streets a "large" addition to the demand
iscussed the application with city o
d ials, and said the withdrawal was for on -street parking. He recommended
explained in his wife's letter. that Thalberg be required to create one
But Thalberg subsequently asked city do w with space on her lot. That could be
done with only a five percent loss in
officials not to release her letter. The habitable space in the guest house, he
. request was honored by planner Kim said.
Johnson, who said she wouldn't release
it without the approval of City Attorney The planning staff also recommended
Jed Caswall, and clerk's office staffer one off - street parking space, but during
Jan Carney, who said she wouldn't last week's historic preservation
release it without the OK of clerk committee meeting several neighbors
Kathryn Koch, who was out of town endorsed Thalberg's request by arguing
Wednesday. The letter was subsequent - that building a parking space would
ly released at the request of the Aspen require her to remove lawn and trees.
Daily News by chief city planner Diane Former mayor Stirling attended the
Moore. meeting, but according to city historic
Thalberg was seeking to convert a preservation officer Roxanne Efting, he
three -car garage and storage building on didn't speak. Thalberg was represenied
her lot at 434 West Smuggler into a two- at the hearing by architect Gretchen
bedroom guest house for use by her adult Greenwood.
children when they visit. Historic preservation panel members
As pan of the project, Thalberg approved Thalberg's request on a five -
sought to have her house — a two- to -two vote, with members Bill Poss,
bedroom 1880's Victorian valued at $1 Donnelley Erdman, Les Hoist, Karen
million by the county assessor— desig- Day and Linda Smisek voting in favor,
nated a historic landmark. That would Jake Vickery and Martha Madsen
enable the city's historic preservation opposed, and Roger Moyer abstained.
411 1
..e
MEMORANDUM
TO: Planning and Zoning Commission
FROM: Kim Johnson, Planner
RE: Thalberg Conditional Use for a Second Detached Free
Market Dwelling Unit - Public Hearing
DATE: January 19, 1993
SUMMARY: The Planning Office recommends approval with conditions
of the Thalberg Conditional Use for a second detached dwelling to
be constructed within an existing, expanded garage.
APPLICANT: Kathryn Thalberg, represented by Gretchen Greenwood
LOCATION: 434 W. Smuggler (Lots K,L and E, part of Lot M, Block 33
of Aspen Townsite, and Lots 11,12, and part of Lot 13, Block 33 of
Hallam's Addition)
ZONING: R -
APPLICANT'S REQUEST: The applicant requests Conditional Use for
the construction of a 1,364 s.f. second dwelling unit (guest house)
by conversion and expansion of an existing 672 s.f. garage. The
7,500 s.f. parcel contains a 2 bedroom 2,336 s.f. residence for
which an historic landmark designation is being sought. The City
Council will make its final decision on the landmark designation
on January 25, 1993. No change to the main residence is proposed
at this time. The applicant has submitted floor plans and
elevation drawings of the garage conversion. See Attachment "A"
for application information.
PROCESS /PROJECT BACKGROUND: The Planning Commission shall make a
determination on the Conditional Use for the second dwelling unit.
If granted by the Commission, the Conditional use will become valid
only if Landmark Designation is approved via ordinance by City
Council.
The Historic Preservation Committee (HPC) granted Conceptual Plan
approval in September 1992, when the project had been designed to
include an accessory dwelling unit. The project was then changed
to eliminate the accessory dwelling unit and to seek an FAR
variation for 250 s.f. It went back to HPC for Revised
Conceptual /Final Plan approval on January 13, 1993. At this
review, the Planning staff recommended a maximum parking variance
of three spaces to limit future parking impacts to the
neighborhood. The HPC reconfirmed its earlier decision by a
5 -2 vote and granted a full parking variance for four spaces. They
cited that it was more important to get the property designated as
an historic landmark than it was to require one parking space on-
site. The Land Use Code empowers the HPC to grant parking
variations for designated landmarks as an incentive to retain and
improve historic properties.
REFERRAL COMMENTS: (complete referral memos are in Attachment "B ")
Engineering: Chuck Roth forwarded the following comments:
1) Historic site drainage flows must be maintained on the site.
2) The site plan does not indicate on -site trash storage.
3) If utility pedestals are required for the project, they cannot
be located in the alley or street rights -of -way.
4) Any development, including landscaping, in the public rights -
of -way must obtain permits through the City Streets Department.
Designs shall be reviewed by the City Engineer.
5) The applicant shall agree to join any future improvement
districts which may be formed for the purpose of constructing
improvements in the public right -of -way.
Housing Office: Tom Baker states that Ordinance 1, the housing
replacement ordinance, requires the new unit to mitigate for
affordable housing via provision of one of the following: an
accessory dwelling unit, a deed restriction of the unit, or a cash -
in -lieu payment based on the square footage of the new unit.
Deferral of a cash payment is possible if the unit is owner -
occupied (working resident), or is occupied by a working resident
while the owner occupies the other residence on the parcel.
In a telephone conversation with Mr. Baker, he clarified that if
deferral is granted by the Housing Authority Board of Directors,
a 6 month minimum lease will be required for the new unit as well
as mandatory occupancy.
STAFF COMMENTS: The primary residence on the site is a two bedroom,
2,336 s.f. historic landmark Victorian. The proposed two bedroom
guest house will be two levels built on the concrete foundation of
the existing garage. Although the garage has been typically used
for storage, it contains enough space for three vehicles.
Parking for the second dwelling, assuming Council approval of the
Historic Designation, is an issue determined by the HPC. The HPC
voted 5 -2 to waive all four parking spaces required by the R -6 zone
district. For approval /denial of the Conditional Use for the
second residence, the Planning Commission cannot require parking
beyond the HPC determination.
Conditional Use Review Criteria: The Commission has the authority
to review and approve development applications for conditional uses
pursuant to the standards of Section 7 -304:
2
A. The conditional use is consistent with the purposes, goals,
objectives and standards of the Aspen Area Comprehensive Plan,
and with the intent of the Zone District in which it is
proposed to be located.
RESPONSE: The allowance of a second detached residence on a
Landmark Parcel is an incentive provided by the Comprehensive Plan
to retain and improve historic resources.
B. The conditional use is consistent and compatible with the
character of the immediate vicinity of the parcel proposed for
development and surrounding land uses, or enhances the mixture
of complimentary uses and activities in the immediate vicinity
of the parcel proposed for development.
RESPONSE: A residential use is compatible with the other
residential uses in the neighborhood. The area within several
square blocks contains no other parcels with two detached homes.
A windshield survey of the area preliminarily indicates that there
are perhaps 6 duplexes (attached units) within four square blocks.
These structures appear to be on lots of 9,000 s.f. or greater.
An incentive for historic landmarks is the ability to receive a
conditional use approval for two detached residences on lots of
less than 9,000 s.f. in the R -6 zone.
As proposed, the site will contain four bedrooms, which is not
inconsistent with the vicinity.
C. The location, size, design and operating characteristics of
the proposed conditional use minimizes adverse effects,
including visual impacts, impacts on pedestrian and vehicular
circulation, parking, trash, service delivery, noise,
vibrations and odor on surrounding properties.
RESPONSE: The applicant is proposing no on -site parking for the
second unit because it would negatively impact the historic
resource. She wishes to devote the most possible floor area to
the guest house. The applicant states that the household currently
utilizes the street for their parking needs. Additional on- street
parking will add visual and noise impacts associated with the
second residences. Winter plowing may also be impacted by more on-
street parking.
As mentioned by Engineering, a trash storage location has not been
indicated on the plan. The site plan for the building permit must
show where trash will be handled. Engineering must approve this
location. Trees provide adequate screening of the building to the
east and the west (Fourth St.). The 2 story structure on the alley
will visually impact the residence to the north.
During a recent inspection of the property, it was noted that a car
was parked in the alley, parallel to the garage, so that it
3
protruded approximately four feet into the alley. Because of
snowpack and the car, the alley would have been blocked to
emergency truck access. An approval of a conditional use should
prohibit parking that would block or impair alley access.
D. There are adequate public facilities and services to serve the
conditional use including but not limited to roads, potable
water, sewer, solid waste, parks, police, fire protection,
emergency medical services, hospital and medical services,
drainage systems, and schools.
RESPONSE: All public facilities are all ready in place for the
existing primary residence and neighborhood. As mentioned
immediately above, alley parking parallel to the building should
be prohibited to allow ease of emergency access.
E. The applicant commits to supply affordable housing to meet the
incremental need for increased employees generated by the
conditional use.
RESPONSE: The applicant must comply with Ordinance 1 housing
mitigation through payment -in -lieu or deed restriction of the unit.
The cash amount for the new 1,364 s.f. residence is currently
calculated at $11,362.12.00. Proof of payment or recordation of
the appropriate deed restriction for resident occupancy, including
6 month minimum leases, must be forwarded to the Planning Office
and Housing Office prior to issuance of any building permits.
F. The proposed conditional use complies with all additional
standards imposed on it by the Aspen Area Comprehensive Plan
and by all other applicable requirements of this chapter.
RESPONSE: This use complies with the Aspen Area Comprehensive Plan
and any other applicable conditional use standards.
STAFF RECOMMENDATION: Planning recommends approval of the Thalberg
Conditional Use for a 1,364 s.f. second detached dwelling unit
(guest house) with the following conditions:
1. The owner shall comply with Ordinance 1 requirements by deed
restricting the unit to resident occupancy or pay the cash -
in -lieu amount of $11,362.12.00. The Aspen /Pitkin County
Housing Office shall approve the deed restriction prior to
recordation with the Pitkin County Clerk and Recorder. The
dwelling unit shall include a restriction to 6 month minimum
leases. Payment in -lieu shall be made to the City Finance
Department for deposit into the Ordinance 1 account.
2. Prior to issuance of any building permits, copies of the
recorded deed restriction or the receipt of the cash payment
must be forwarded to the Planning Office and Housing Office.
4
3. Historic site drainage flows must be maintained on the site.
4. The site plan for the building permit must indicate on -site
trash storage.
5. Utility pedestals cannot be located in the alley or street
rights -of -way.
6. Any development, including landscaping, in the public rights -
of -way must obtain permits through the City Streets
Department. Designs shall be reviewed by the City Engineer.
7. The applicant shall agree to join any future improvement
districts which may be formed for the purpose of constructing
improvements in the public right -of -way.
8. Alley parking parallel to the guest house is prohibited.
9. All material representations made by the applicant in the
application and during public meetings with the Planning and
Zoning Commission and Historic Preservation Committee shall
be adhered to and considered conditions of approval, unless
otherwise amended by other conditions.
RECOMMENDED MOTION: "I move approve a Conditional Use for a 1,364
s.f. second detached residence at the Thalberg property located at
434 W. Smuggler with the 9 conditions recommended in the Planning
Office memo dated 1/19/93."
Exhibits:
"A" - Application information and Thalberg letters dated 1/7/93 and
9/23/92
"B" - Referral Memos
5
PLANNING ZONING COMMISSION
EXHIBIT , APPROVED r
19 BY RESOLUTION
THALBERG VICTORIAN
Conditional Use Application for Two Detached Residential
Dwellings - Historical Landmark Designated Property.
I. CONDITIONAL USE FOR TWO DETACHED RESIDENTIAL DWELLINGS
A. ATTACHMENT 2 - MINIMUM SUBMISSIONS
1. Letter of Consent by the Applicant is Attached as
Exhibit A.
2. Street Address: 434 West Smuggler
Aspen, Colorado
Legal Description: Lots K, L & E.15 Feet of Lot
M, Block 33, Aspen Townsite Lots, 11, 12 & E.15
Feet of Lot 13, Block 13, Hallam's Addition,
Aspen, Colorado.
3. Disclosure of Ownership is Attached as Exhibit B.
4. An Aspen Townsite Vicinity Map is Attached as
Exhibit C.
5. Written Description of the Proposal.
The Thalberg property located at 434 West Smuggler presently
consists of a Victorian residence of 2,336 square feet and a
garage /storage area of 672 square feet. The property is located
on the northeast corner of Fourth Street and Smuggler with mature
evergreens and large deciduous trees and shrubs surrounding the
entire property. In addition to the trees that are as old as the
house, many of the trees that surround this house were planted by
Katharine Thalberg twenty years ago.
The original house which began as a modest 15 foot by 20
foot log cabin, was constructed in the 1880's. At the turn of
the century, Victorian miner's cabin additions were added to the
house changing the house from the old log cabin to the vernacular
style of architecture. These changes included steep gable ends
facing the street, small porches, clapboard siding, and double
sash windows.
When Katharine Thalberg purchased the house in 1973, she
continued the evolution of the miners cabin by adding small
gables, porches and decorative elements. The footprint of the
original building was not expanded at all since the first miner's
cabin additions were built. Katharine maintained the small scale
of the building both in size and mass in order to preserve the
architectural heritage of Aspen's miners cabins. The interior of
the home has also maintained the small nature of the miners cabin
with only two existing bedrooms.
In addition to the main residence, a garage /storage building
was added to the property about ten years ago. This building is
located on the northeast portion of the property, along the
alley.
The two existing bedrooms in the old main house are
inadequate for Katharine Thalberg's family. She has three grown
daughters with families of their own and she would like to
provide bedrooms for them to visit without having to change and
add on to her small house.
The development plan proposes to convert the existing garage
into a detached guest house with two bedrooms, living /kitchen/
dining area and two bathrooms.
This development plan has received conceptual approval by
the Histor' • -- ervation Commission. In addition, the HPC has
A . granted.conceptua •pproval for a four (4) car parking variance
Ptand a five 5 oot setback variance. The HPC found that a four
k�; car parking and setback variance was more compatible with the
!19 preservation of Katharine's Victorian home and parcel. Some of
the reasons for this approval are as follows:
This development plan proposes only to convert the existing
garage /storage area into a guest house with two bedrooms,
living /kitchen /dining area and two bathrooms.
1. In keeping with the historic nature of the lot and
existing building, Katharine Thalberg chose to maintain the
small scale of the old building and not increase the
footprint of the miner's cabin to accommodate these
additional bedrooms. By not adding onto the historic small
main house, and using up the land around the property for
additions, the applicant chose to convert the existing
garage for the bedrooms and preserve the historic quality of
the old house and historic lawn. Legally, another addition
of 1,100 square feet (F.A.R.) could be added to the house on
the east lawn. This type of addition, that we are not
proposing, would overwhelm the house, the lawn and the
neighborhood with too much visual density. To prevent this,
the conversion of the garage to the guest house (along with
the four car parking variance) would keep the historic house
and lawn to the east exactly as history remembers.
2. For one hundred hears, the historic house has been
located in the westerly portion of the lot. There has
always been a lawn and beautiful gardens to the east of the
house. Large trees and shrubs completely encompass the
entire lot surrounding the house. The development
guidelines clearly state that "traditional landscape
patterns should be retained!" Under the HPC Guidelines for
new construction it states, "Maintain the street trees and
the planting strip between the street and the sidewalk." In
7
order to provide parking on this property, a tremendous
amount of trees to the south and the north have to be
removed, in addition to the historic lawns surrounding the
house. Paved parking areas are not compatible with the
Victorian architecture. Gardens and lawns are compatible
areas and follows the HPC Guidelines.
3. The existing garage /storage area has never been used by
the applicant to house automobiles. The building has been
used completely as a storage area. The applicant has always
parked on the street. Therefore the pattern of use in the
neighborhood will not be changing.
4. The neighborhood houses surrounding the Victorian house
are all newly constructed homes. No parking variances have
been issued for the homes directly surrounding this
Victorian residence. Therefore, there is not a parking
problem in this are of town.
Nkirfl Fa,
5. Katharine Thalberg has allowed this house to become
Landmark Designated, giving the HPC the right to review any / /ZS
changes to the property. It is not the intention of
Katharine to ever put a garage addition on the property or
to have to remove gardens and mature trees for automobiles.
If another owner chooses to add a garage or parking areas,
the design would be reviewed by the HPC at the time of
conceptual development.
At the conceptual public hearing, many neighbors presented
letters and testimony that they were in favor of the development
proposal and the parking variance. They were unanimously opposed
to removing trees and lawn to create parking. The neighbors'
letters are on file with Roxanne Eflin at the city offices.
In addition to approving the above mentioned variances, the
original conceptual development application included a 350 square
foot accessory dwelling unit to be constructed in the proposed
guest house. The A.D.U. has been eliminated for the following
reasons:
After conceptual development approval by the HPC for the
guest house, the project required conditional approval for the
A.D.U. and approval for two detached residences on the property
from the Planning and Zoning Commission.
Prior to the P &Z Hearing, the Planning Staff's
recommendation to the Board was to add a parking space for the
A.D.U., even though a parking space is not required (as stated in
the ordinance) for A.D.U. studios and one bedroom units. Upon
receiving this information, we felt that the Planning Staff was
0
specifically ignoring the historic preservation guidelines that
would allow the old house, and property to be maintained in its
most historic condition. The guest house project was sensitively
conceived and designed to prevent any addition on the house or
any trees and lawn from being destroyed in the expansion process.
We also felt that the neighbors who wrote letters and voiced
their opinions at the public hearing, stating that they were in
favor of the project and opposed to removing trees for parking,
were ignored by the Planning Staff. It is expressly the
direction of the owner to use the existing concrete foundation of
the garage to build the guest house, in order to preserve her
first preservation project, the Victorian residence, lawn and
trees.
Therefore, we responded to the Planning Staff's
recommendation to add a parking space by eliminating the A.D.U.
from the project.
In summary, this development proposed for the detached
garage to be converted to a guest house is for the sole
protection of the Victorian residence. It is in the best
interest of the HPC, P &Z and the City of Aspen to grant the
conditional approval for a detached residential building on her
historic parcel. The results of the approval will allow
Katharine Thalberg, who has demonstrated her personal commitment
to preservation, the ability to continue preserving the Victorian
residence and property.
B. ATTACHMENT 3 - SPECIFIC SUBMISSIONS
1. A sketch plan of the site is attached.
2. Floor plans and elevations are attached.
C. ATTACHMENT 4 - REVIEW STANDARDS
1. The Conditional Use for two detached residential
dwelling units on a lot of 7,500 square feet is
consistent with the Aspen Area Comprehensive Plan.
This second residential unit is being built in the R -6
Zone which allows for an additional detached
residential unit on a historic landmark designated
parcel. In order to maintain the historic main
residence, it is more compatible to build a detached
residential unit. This would allow the restored main
house to remain in its present historic state. This
solution is consistent with the goals of the Historic
Preservation Commission and the City of Aspen.
2. As described in the written proposal, the new
residential unit is being designed in the Victorian
style, in order to maintain the consistent architecture
on the parcel.
9
3. The locations, size and design of the unit does
not impact the surrounding neighborhood. The unit is
being built on a 7,500 square foot lot and will replace
an existing garage. Therefore the visual mass and size
of the new unit will be unchanged.
4. The units facilities will be connected to the main
house facilities and thus there will be adequate
services for the development of the dwelling unit.
5. The Conditional Use does not generate a need for
increased employees.
6. The Conditional Use will comply with all
additional standards including the Historic
Preservation Guidelines, Uniform Building Code, and the
standards imposed by the Aspen Area Comprehensive Plan.
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17
KATHARINE THALBERG
434 WEST SMUGGLER
ASPEN, COLORADO 81611
7 January 1993
To: The Historic Preservation Committee
The Aspen Planning and Zoning Commission
The Aspen /Pitkin Planning Office
Dear Committee Members and Staff Members:
The project that I bring before you is that of converting my garage to a guest house. Gretchen
Greenwood and I have been involved in the planning and approval process for this project
from its inception in July, 1992, until January of 1993, when the final meetings are scheduled.
Thus, seven months will have passed before we can submit plans to the Building Department.
It has been a lengthy process, and an expensive one. Had we taken the approach of adding bed-
rooms to the existing house, much time and energy and money could have been saved. Thus,
in order to preserve the existing historic house and garden, and to avoid adding any additional
bulk to the property, we are submitting to an arduous process.
Before our first meeting with HPC, I wrote a letter explaining my point of view about the pro-
ject, and my justification for the request we were malting. If you have not read my letter (at-
tached herein,) please take the time to do so before you come to your decision.
For, as we approach the final meetings we have not succeeded in convincing the Planning Of-
fice of the significance of our project, and its sensitivity to the best interests of historic preserva-
tion, such preservation being one of the goals of the City of Aspen.
Our request was for a waiver of all parking requirements. Our initial application contained an
A.D.U. studio unit within the existing garage building, as well as a two - bedroom guest house.
The Planning Office recommended that we provide one parking space for the A.D.U. So, in re-
sponse, we eliminated the A.D.U. We added no bedrooms, only enlarged the rooms in the orig-
inal plan for the guest house. Unfortunately, one affordable studio was thereby lost. However,
the parking issue - thereby preserving the size of the existing house and the size of the existing
garage, as well as preserving the existing garden - was paramount.
Now, despite the elimination of the A.D.U., the Planning Office is once again recommending re-
quiring one parking space, this time for the guest house itself. I hope that Committee Members
will see fit to make their decision independent of and contrary to the Planning Office's recom-
mendation.
It is my firm belief that the recommendation of the Planning Office for one parking space on
the property is not in the best interest of historic preservation, nor in the best interest of the
If
2: HPC /P&Z 01/07/93
City, since historic preservation is one of the publicly stated goals of the City of Aspen. The
very fact that my house, in its present form, has been rehabilitated and is still being preserved
by me in the year 1993, after so much of the historic city has been destroyed over the years by
property owners to whom preservation was too costly or difficult or unsuitable, is both an
anomaly as well as a genuine gift to the City.
Therefore, before we go into our upcoming final meetings in the approval process, I would like
to go on record to say that I will not seek nor will I accept finalj»storic designation of my house
unless my request for the waiver of all on -site parking requirements Is approved. 1 have owned
my house for twenty years, and have never needed official historic designation to keep the
house historic. My only purpose in seeking designation was to benefit from the legislation that
the City of Aspen created in order to give incentives to property owners to keep buildings his-
toric. Without those incentives, the designation is only an impediment to the rights of individu-
al property owners.
Thus, if we are required to provide off street parking on the property, or if any of our plans are
thwarted or altered by the final approvals, I would like to respectfully withdraw my entire ap-
plication for historic designation.
If you do decide to approve our project, we will go forward with both the designation and the
project.
In either case, thank you for the expenditure of time and thought you have invested in this, and
thank you for your consideration.
S ere1y yours,
Katharine Thalberg
19
•
KATHARINE THALBERG
434 WEST SMUGGLER
ASPEN. COLORADO 81611
23 September 1992
To: Historic Preservation Committee
Dear Committee Members:
I bought the house in 1973. I couldn't afford to buy it now.
It was a typical Aspen fixer - upper. The kind that has been given demoliton permits through the
years.
I did some fixing up - restoring really - removing sliding glass doors and replacing them with Victo-
rian shaped windows, replacing Sears Roebuck plumbing fixtures with antique ones, replacing mys-
tery carpeting with hardwood floors. And I began a garden and planted lots of trees.
When my daughters grew up I undertook a major remodel. I created a coherent and liveable floor
plan instead of the rabbit warren of tiny spaces. In the course of this remodel I made some interest-
ing discoveries. The original house, which is now my bedroom, is a tiny log cabin. And subse-
quently there were at least three, probably four, major additions to the house - the newest of which
had stuffed in the walls some Swedish language newspapers printed in Denver, addressed to one
Olaf Larson in Aspen, and dated 1898.
In the course of both remodels I neither altered nor expanded the footprint of the house.
And during the almost twenty years that I have lived there, the neighborhood has changed drastical-
ly. Two Victorians across the street were demolished and replaced by large new houses. Next door
to me on the east, the first monster house in Aspen was built, and it still today may be the biggest
private house in the West End. The house is so big and so close to the lot line that snow from its
roof used to slide down into my yard, and break the tops of my trees that I had grown to hide the
monster house from my view. The present owner kindly agreed to attach some wooden extensions
to the roof, which blocked the slide of the snow and caused it to drop into its own yard. Yet still,
when someone sweeps the snow off the back upstairs porch of that house, the only place they have
to toss the snow is into my yard.
Well, now that my children are grownups, living in different parts of the country, and one who is
married and lives in a distant country, it's no longer suitable to pile them all in together into small
shared spaces when they and their friends or spouses come home for a reunion. I have a three -car
garage behind the house that has never once held an automobile. It has done what most garages do,
become a repository for junk. It is the logical place to add guest bedrooms for my adult children. At
the same time, I want to give a third of the space to an affordable studio apartment for a long -time
local who has become a close friend to Bill and me, someone who has never found permanent hous-
ing in Aspen during the twelve years she has lived and worked here.
I do believe in historic preservation, and I have demonstrated that belief by owning two Victorian
houses, one that I have converted to present -day use as a bookstore, and one that I have made livea-
ble as a present -day home. But I have preserved and restored and brought up-to -date my house for
twenty years without it being historically designated. I have not sold out as many of my neighbors
have, even though the money has certainly been extremely tempting. I have not torn the house
down and started over as many of my neighbors have, and I'm sure you all know that as far as con-
struction goes, that is the easiest and least costly approach with these old, decrepit houses.
Instead I have lived in the house, raised my children in it, and changed it only as the times have
changed, but without sacrificing its integrity. In fact I have improved it, and made it, I think, a beau-
tiful "gift to the street" .
What I want to do now will once again improve it without sacrificing the historical and aesthetic in-
tegrity of the house. There is absolutely no parking problem where I live. Most of the houses in my
neighborhood are second homes now, and there are few cars these days, but even if there were
many, my house is on a corner lot, so I have parking both on Smuggler and on 4th Street. And I
want to be perfectly frank with you that the only reason I am requesting historic designation for the
house is to be, if you grant it, exempt from any parking requirement. If you do not see fit to grant
100% exemption from the parking requirement, there is no motivation for me to get the house desig-
nated, and I will request that the designation process be stopped.
If I am required to provide parking, the logical thing would be for me to keep the garage I now
have. There would be no point in converting it to living space, and then adding another garage. I
am not a developer, making threats. I am a long -term resident, dealing realistically with the choices
before me. I know that without any special dispensation beyond a building permit, I can add on to
the back of the historic house, as so many have done, and add the square footage that is still well
within the allowable FAR for that property, and I can do that without historic designation.
I am here today because I believe you are taking the trouble to sit on this board because you believe
in historic preservation, and because you will agree that my present proposal is in the best interest
of the preservation of the historic Victorian that is my house. So I thank you for listening, and I re-
spectfully request that you waive all parking requirements on this project.
Sincerely,
Katharine Thalberg
2-1
PLANNING ZONING COMMISSION
EXHIBIT 0:15'i , APPROVED
19 BY RESOLUTION
MEMORANDUM
To: Kim Johnson, Planning Office
From: Chuck Roth, City Engineer C
Date: January 11, 1993
Re: Thalberg Conditional Use Review for Two Detached Residential Dwellings
Having reviewed the above referenced application, and having made a site inspection, the
engineering department has the following comments:
1. There do not appear to be any changes to the current application from the previous
application which would result in changes or additions to the engineering department
comments provided for the previous application. Therefore, the engineering department
memo of November 17, 1992, is attached to this memo and provided as comments and
conditions still valid to the current application.
cc: Bob Gish, Public Works Director
M93.8
MEMORANDUM
To: Kim Johnson, Planning Office
From: Chuck Roth, City Engineer e %?
Date: November 17, 1992
Re: Thalberg Conditional Use Review for ADU
• Having reviewed the above referenced application, and having made a site inspection, the
engineering department has the following comments:
1. Parking - The project will already be exempted from the normally required for parking
spaces for four bedrooms if the historic designation is approved. This is a large addition
of parking onto public streets. The Engineering Department recommends that the ADU
be approved without the waiver of a parking space. We have examined the site together
with the Planning Office, and we have discussed site design with Gretchen Greenwood, and
it appears that a parallel parking space could be provided alongside the alley with only
a 5% loss in habitable space.
2. Site drainage - One of the considerations of a development application for conditional
use is that there are adequate public facilities to service the use. One public facility that
is inadequate is the storm drainage system. The new development plan must provide for
no more than historic flows to leave the site. Any increase to historic storm run -off must
be maintained on site.
3. Trash - -- -The site plan does not indicate on -site trash storage.
4. Utilities - If new utility pedestals are required for the project, they must be located on
the applicant's property and not in the alley public right -of -way.
5. Given the continuous problems of unapproved work and development in public rights -
of -way, we would advise the applicant as follows:
The applicant shall consult city engineering (920 -5080) for design
considerations of development within public rights -of -way and shall obtain
permits for any work or development, including landscaping, within public
rights -of -way from city streets department (920 - 5130).
�3
Recommended Conditions of Approval
1. The applicant shall provide one on -site parking space for the project.
2. The applicant shall agree to join any future improvement districts which may be
formed for the purpose of constructing improvements in the public right -of -way.
3. The construction drawings submitted for building permits must have provisions for
maintaining all but historical storm run -off on site.
4. The final drawings must indicate on site trash storage and utility pedestal locations, if
needed, which are not with the alley public right -of -way.
cc: Bob Gish, Public Works Director
M92240
Jo; Ki
MEMORANDUM
341 1993
TO: Planning Office � "
FROM: Tom Baker, Executive Directorj
DATE: January 11, 1993
RE: Thalberg Conditional Use Review: adding a 2nd dwelling on
a property containing a historic landmark.
REFERRAL COMMENT: The Thalberg conditional use, converting the
existing garage to a residential unit, is exempt from GMQS,
however, must mitigate for its affordable housing impact. The
impact can be mitigated as follows:
1. provide an accessory dwelling unit between 300 -700 s.f.;
2. deed restrict the new dwelling unit to resident occupied; or
3. pay the applicable affordable housing impact fee identified in
Article 5 Division 7 Affordable Housing Impact Fee.
Division 7, Sec. 5 -702 Calculation of affordable housing impact fee
requires the applicant to pay a cash -in -lieu payment as a result of
a new single family or duplex unit. To calculate the fee divide
the moderate income employee cash -in -lieu fee in effect at time of
building permit issuance by 3,000 (the current moderate income fee
is $25,000 /FTE), then multiply by the amount of new (net livable)
square footage being constructed.
The affordable housing impact fee may be deferred, see Sec. 5 -703.
In the case of a historic landmark and the addition of a second
unit on the lot, then the impact fee may be deferred as follows:
1. The new unit is an owner occupied unit and the owner is a
working resident; or
2. Both units are owned by the same person who is a working
resident and the new unit is being occupied by a working
resident and the owner lives in the other d elling on the lot.
The deferral s all remain in effect as long as one of the above
conditions is m t.
ref.thalb a
°I/M
23
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PUBLIC NOTICE
RE: THALBERG CONDITIONAL USE REVIEW
NOTICE IS HEREBY GIVEN that a public hearing will be held on
Tuesday, January 19, 1993 at a meeting to begin at 4:30 pm before the
Aspen Planning and Zoning Commission, 2nd Floor Meeting Room, City Hall,
130 S. Galena Street, Aspen to consider an application submitted by
Katharine Thalberg, 434 W. Smuggler, Aspen, CO, requesting approval of a
Conditional Use Review for two detached residential dwellings on the
historic landmark designated property. The applicant proposes to convert
the existing garage into a detached guest house. The property is located
at 434 W. Smuggler, Lots K, L, & E.15 feet of Lot M, block 33, Aspen
Townsite, and Lots 11, 12, & E.15 feet of Lot 13, Block 33, Hallam's
Addition. For further information, contact Kim Johnson at the
Aspen /Pitkin Planning Office, 130 S. Galena, Aspen, CO 920 -5100
s /Jasmine Tygre, Chairman
Aspen Planning and Zoning Commission
A1TP1
LAND USE APPLIQATICN B3RM ..
1) Project Name Thalberq Victorian
2) project location 434 West Smuggler - Lots K. 1 & E 15 Feet of lot M,
Block 33, Aspen Townsite & Lots 11, 12 & E.15 Feet of Lot 13, Block 33
(indicate shme: lot &, block nnber,.l description ere
aLtn .ate) Hal et. Addition, Aspen, Colorado
3) Pre Zoning R - 6 4) Lot Size 7,500 Sq. Ft.
5) A p p l i c a n t ' s Name, Address & Phone # Katharine T h a l b e r g
434 West Smuggler, Aspen, CO 81611 925 -7498
6) Representative's Name, * dre & alone # Gretchen Greenwood & Associates, Inc.
201 North Mill Street, Suite 207, Aspen, Colorado 81611 975 -4.502
7) Type of Application (please check all that apply):
X Conditional Use _ Corneal SPA _ Conceptual historic Day.
_ Special Review _ Final SPA __ Final Historic Dev.
8040 Greenhine _ conceptual FUD _ _ Minor historic Dev.
Stream Margin _ Final FUD • ___ Historic Demolition •
Mountain View Plane . Subdivision _ Historic Designation • .
Condaminiumization Text/Map Amendment _ -- GM2S Allotment
_
lot Split/Lot Line Ged2S won •
Adjustaent
8) Description of EO st-irg Uses (minter and type of existion structures;
appixnomate sq. ft.; number of bedrooms; any previous approvals granted tb the
ProiY) -
Existing Single Family Victorian; Built in the 1880's
Existing House - 2,336 Sq. Ft. with 2 Bedrooms
Existing Garage - 672 Sq. Ft.
9) Doscri.pt - ion of Development Application
See Attached Application
10) Hays you attached the following?
V Response to Attachment 2, Minimum Submission Contents
I /'� Response to Attachment 3, Specific Submission Contents
V Response to Attachment 4, Review Standards for Your Application
December 21, 1992
Ms. Kim Johnson
Aspen City Planner
Aspen /Pitkin County Planning Office
130 South Galena Street
Aspen, CO 81611
Re: Authorization to Represent
Dear Ms. Johnson:
Please consider this letter authorization for Gretchen
Greenwood of Gretchen Greenwood & Associates, Inc., 201 North
Mill Street, Suite 207, Aspen, Colorado 81611; 925 -4502 to
represent Katharine Thalberg of 434 West Smuggler Avenue, Aspen,
Colorado 81611; 925 -7498, in the processing of a Conditional Use
Application. Gretchen Greenwood is hereby authorized to act on
my behalf.
Sincerely,
Katharine Thalberg
Exhibit A
*41 tt tJtt A., ye , leer ,
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- t- KATHERINI: THALBERG ANDERSON, also 1 } .Y
r, a known as KATHERINE THALBERG Ft B 8 - 11741 .. ? .
tot Oa Costs of Pi tkin sod etas of __ •.__— + e l " i t
+ * s' Wont des fleet port. ' :" L
;.: KATHARINE THALBERG
"„ des Coesep .l Pitkin sod stoad
.C part ' .'i$ t''� �i '
J R)7M3S6IH. That he .w part y d w JIM part, for la cesdanew *Noe on d TAN • ; S
J - DOLLARS (510.00) and other good and valuable consideration .. - aS<rt "' -r
y ' , tow sail port y of the fleet part la Mad paid M W enM party .t W .oral poet Use nasjt.b.eet .. t .
r" • 'la Sr*: eleA.d sod .ebaewkdted. is 5 natrd. nk.udA, soli. n.tnysd sod QUIT CLAIMED, id b • y
oe the presto does resresiSouk ob Souk ma teeny awl QUIT CLAIM ante w . W Id pert y et seemed per; 4::*". 0, � i
•
her Mn snows end slew fewer, all the richt. tier& lawn; tabs sa4 teal wba 0.. .a t
&' ' pert y - et w !het port 1. s la w Mowing to owing d.eri.4 se let parcel et had .nest& be a.d ) Ae v. 2 -
S
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:y 72 fi r
(SEE LEGAL DESCRIPTION ON REVERSE SIDE HEREOF) e n .'
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ei,'„, ' THE INTENT OF THIS DEED I5 TO DISCONTINUE THE USE OF NAME OF
'''. KATHERINE THALBERG ANDERSON FOR PURPOSES OF HOLDING THE PROPERTY -' i
DESCRIBED ABOVE, AND TO CORRECT THE SPELLING OF THE GRANTEE'S - " , I + F
• %,I�;. FIRST MAIW WHICH IS, IN FACT, SPELLED ' KATHARINE.' . •w
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• : TO SATE AND TO HOLD eM s®& torrebn with an and warder w sefoinassam and ptllarn th.e.de ; P . ..
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ova b prepay es& lesela sod belted d w sail .�. ., . y
pet y d en sad pact her Wes sad a.lrse termer. � . �
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LEGAL - DESCRIPTION _ qp
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''1 .Lets:AL:Ana - and. - the_licsi_15 eeat ti:--- Block-
-, 33, HALLAM'S ADDITION TO THE CITY AND TONNSITE OF ASPEN
....
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• - wh fl ° the out westerly coineF - 'sara_ tot E —
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. 75 feet; thence North, 1050'49" East 100 fget;
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J1 � GRETCHEN GREENWOOD & ASSOCIATES, INC.
—1In IL I ARCHITECTURE • INTERIOR DESIGN • PLANNING
December 21, 1992
Ms. Kim Johnson
Aspen City Planner
Aspen /Pitkin County Planning Office
130 South Galena Street
Aspen, Colorado 81611
Dear Ms. Johnson:
Attached please find three (3) copies of the Conditional Use
Application for the Thalberg Residence located at 434 West
Smuggler. We would like to be on the January 19th agenda of the
Planning and Zoning Commission. Please review the enclosed
application and let me know if you have any questions.
Sincerely, ,
G ? chen Gr.- wood
Architect
GTG:kb
201 N. MILL, STE. 207 • ASPEN, CO 81611 • TEL: 303/925 -4502 • FAX: 303/925-7490