Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Land Use Case.223 Hallam St.0039.2014.ASLU
THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0039.2014.ASLU PARCEL ID NUMBERS 273707316003 PROJECTS ADDRESS 2j-3'E HALAM ST PLANNER HILLARY SEMINICK CASE DESCRIPTION AMENDMENT REPRESENTATIVE PATRICK RAWLEY DATE OF FINAL ACTION 6.20.14 CLOSED BY ANGELA SCOREY ON: 6.24.14 2?31 e� 3►��'2 oo 2°'t- Zi r C—LA File Edit Record Navigate Form Reports Fermat Tab Help _ t - A lumF, 1 Main Custom fields_ Routing Status Fee Summarycons ;Routing History H Permit type laslu A,spen Land Use Permit U039 201'.ASLU .� Address 1233 E HALAN1 ST Apt/Suit, 3 v C 'ASPEPI State:CO Zip 81611 Permit information D Master permta Routing queue aslu07 Applied 05;0 2011 Project'; Status Pending ! Approved Descnphon`APPLICATIOPi FOR BERKO SUBDIVISION LOT SPLIT Lssued Ctosed;Final Submitted PATRICK RAVN'LEY 926 2323 - Chid ;Running Days Expires 169 3a 201 owner Last name BERKO f JORA First name 1230 5PaO:"s`BUPdNY LLJ A�PEfd CO 81611 Phone :+. Address Applicant :'Owner is applicant? Contractor is applicant? Last name 'BERKO NORA First name C^� 1230 ?fq0 BUNNY L(d I ASPEPd CO;31511 Phone if I Cust ?9?90 krsrirP«' Lender Last name First name -- Phone 1 Address !e €€r 2 S' CIOS ...... _ .. AspenOold5(server) arlgelas 1 of 1 C<,0 — 0 o or P 0'2,4 tl DEVELOPMENT ORDER City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site-specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three (3) -year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless the change is accomplished or a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site-specific development plan as described below. Property Owner's Name,Mailing Address and telephone number: The Berko Family, c/o Nora Berko 130 E. Snowbunny Lane 970-925-3850 Lep_al Description and Street Address of Subject Property: 223 E. Hallam St; Lots C, D, E, and F, Block 72, City and Townsite of Aspen, Colorado Written Description of the Site Specific Plan and/or Attachment Describing Plan: Administrative approval for a Subdivision Amendment pursuant to Ordinance No. 5, Series 2013, Condition 4. Lot 1 will be reduced to one (1) unit of density and Lot 2 will be allocated two (2) units. A building permit shale be submitted and a new occupancy classification will be issued for Lot 2 prior to any building permit applications being submitted to increase the unit density for Lot 1. Land Use Approval Received and Dates: Administrative approval granted June 12, 2014, Effective Date of Development Order: June 12, 2014. (Same as date of publication of notice of approval.) Expiration Date of Development Order: April 24, 2014 (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) Issued this 12th day of June 2014 by the City of Aspen Community Development Director. Chris Bendon Community Development Director City of Aspen Page 1 of 1 *61489* Pitkin County Transaction#: 61489 Print Date: Janice K. Vos Caudill Receipt#: 201403586 6/9/2014 3:28:30 Clerk and Recorder Cashier Date: 6/9/2014 3:28:26 PM PM 530 East Main Street (PNADON) Aspen, CO 81611 (970) 429-2707 www.PitkinClerk.org Customer Information Transaction Information Payment Summary DateReceived: 06/09/2014 Source Code: Over the (STACLA) STAN CLAUSON ASOCIATES Counter INC Q Code: Mail Total Fees $26.00 412 N MILL STREET Return Code: Over the Total Pa ments $26.00 ASPEN, CO 81611 Counter y Escrow Balance: $159.50 Trans Type: Recording Agent Ref Num: 1 Payments 1P L 1�>5C'R()W $26.00 1 Recorded Items BKPG: 0/0 Reception:610948 Date:6 1912014 :ANY 3:28:25 PM TYPE? From: BERKO FAMILY To: Recording @ $11 for 1 pg and $5 for 2 or more pgs $1 Surcharge 4 $26.00 0 Search Items 0 Miscellaneous Items file:///C:/Program%20Files/RecordingModule/default.htm 6/9/2014 RECEPTION#: 619,948, 06/09/2014 at 03:28:25 PM, 1 OF 4, R $26.00 ioc Code APPROVAL Janice K. Vos Caudill, Pitkin County, CO NOTICE OF APPROVAL FOR AN ADMINSTRATIVE SUBDIVISION AMENDMENT TO LOTS C, D, E, AND F, BLOCK 72, CITY AND TOWNSITE OF ASPEN; AKA 223 EAST HALLAM STREET Parcel ID: 2737-073-16-008 (Lot 1) 2737-073-16-007 (Lot 2) APPLICANT: The Berko Family c/o Nora Berko 130 E. Snowbunny Lane Aspen, CO 81611 970-925-3850 REPRESENTATIVE: Patrick Rawley Stan Clauson Associates, Inc. 234 E. Hopkins Ave., Aspen, CO 81611 970-544-9006 SUBJECT & SITE OF APPROVAL: Administrative Subdivision Amendment at 223 East Hallam Street ZONING: R-6 BACKGROUND: The applicant requests an administrative approval for a Subdivision Amendment for Lots 1 and 2 created by the Berko Lot split, granted by Ordinance No. 5, Series 2013. Plat Note No. 2 of the recorded plat (Book 104, Page 38) memorializing the lot split states that Maximum potential residential build-out for the two (2)parcels created by a lot split shall not exceed three (3) units, in accordance with Section 26.480.030(2)(g) of the Land Use Code. Currently, a historically designated Victorian is on Lot 2. The Victorian was converted into a duplex in the 1950s and a non-historic addition spans both Lot 1 and Lot 2. This non-historic portion was approved for removal by the Historic Preservation Commission in Resolution 29, Series 2012 (Reception No. 594286). Lot 1 contains both a portion of the non-historic addition of the Victorian and a 1960s detached residential dwelling. Both lots retain the previous historic designation of the original lot. SUMMARY: The applicant would like to reallocate the density between the two lots. Lot 2 will be reduce to one (1) unit and Lot 1 will be allocated two (2) units. The ap 4* convert the duplex on Lot 2 to a single family residence as shown in E .. ill JUN 6 2014 pg. 1 of 3 be accomplished by creating an access point between the demising wall of the two units, and the conversion one kitchen to a wetbar. The conversion of the unit from a duplex to a single family home will be verified prior to issuance of the Certificate of Occupancy for the new occupancy classification of the Victorian. Additionally, the conversion of the Victorian to a single-family residence reduces the allowable Floor Area of the lot from a duplex to a single family floor area and compliance with the reduced Allowable Floor Area is required. As noted in Table 1, the existing floor area of the Victorian is 3,084 SF which is under the permitted floor area of 3,240 sq. ft. Development of each lot will be subject to the provisions of the underlying zone district at the time of redevelopment. Table 1. Existing Floor Area Lot I (Studio) Lower Level 333 SF Main Level 763 SF Apportioned Area of Addition 127.5 SF Total Existing Floor Area 1,223.5 SF Lot 2 (Victorian) Lower Level 8 SF Main Level 1,795.5 SF Contributing Garage 380 SF Apportioned Area of Addition 129.5 SF Total Existing Floor Area 3,084 SF STAFF EVALUATION: The proposed changes meets the conditions set forth in Section 4, Maximum Density of Ordinance No. 5, Series of 2013 (Reception No. 598069) which states The current allocation of the three units may be amended between the two lots through administrative approval. Additionally, both lots are under the allowable floor area with the reallocation of density. Staff finds this criterion met. DECISION: The Community Development Director finds the Administrative Application for an Administrative Subdivision Amendment as noted above and Exhibit A to be consistent with Ordinance No. 5, Series of 2013 and thereby, APPROVES the request with the following conditions. Condition 1: A building permit shall be submitted and a new occupancy classification will be issued for Lot 2 prior to any building permit applications being submitted to increase the unit density for Lot 1. 110, JUN b 2014 pg.2 of 3 APPR VED B `Jrtic.� 2 �106� ris Bendon, Community Development Director Date CONCENTED TO: Nora Berko, as Manager ELM 223 LLC Undivided 50% interest Date Gid�' o, as owner Undivided 25% interest Date David M. leisher, as owner Undivided 25% interest Date Attachments: Exhibit A—Redistribution of Unit Density Decommissioning of Second Unit Plan (Recorded) Exhibit B —Application (not recorded) ,JUN 6 2014 pg. 3 of 3 • oby N ti ]dN PI IW ID ll,ID:3A IDR ,� Z O �/ r a I 1 - 1 i I I ; I vv I I � � 15I � , I � 1 I q�g I � q I 1 1 N I qe A y4 I N I I tl 1 off - 1 Existin Main Level Floor Plan/FAR Calculations(Victorian)-223 East Hallam n 91 L-------------- IV olit f 1 I d 4� I Z• i r it l I § i f c I1 1 d ------------ -- - cm O ; r I I i I v I r p 01 Y I Z I A I I Y I 2 Pro osed Main Level Floor Plan/FAR Calculations Victorian}223 East Ham AI Oi SCU[:tl�•.t•d I ■ O ..a East Hallam Residence Subdivision Lot Split Proposal" A_ Existing&Proposed Conditions-HPC Approval Review 33lIIRIwnw 1Y�A lru 223 East Hallam Street,West End District. City of Aspen rrma.m uv Aw3Ae ma11e AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306 ASPEN LAND USE CODE ADDRESS OF PROPERTY: 2_23 H 5 Aspen, CO STATE OF COLORADO } } ss. County of Pitkin ) I, Z 1/1 'j l (:l CX P N+1 r) (name, please print) being or representing an fpplicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) or Section 26.306.010 (E) of the Aspen Land Use Code in the following manner: Publication of notice:'By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen no later than fourteen (144) days after final approval of a site specific development plan. A copy of the publication is attached hereto. Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of As en no later than fifteen (15) days after an Interpretation has been rendered. Al y of the p lication is attached hereto. The foregoing "Affidavit of Notice"was acknowledged before rme this day Of SLAn2 5 20f�j_,by_Z CzmiIuG. fY(Groin PUBLIC NOTICE WITNESS MY HAND AND OFFICIAL SEAL Of DEVELOPMENT APPROVAL Notice is hereby given to the general public of the 10 �3 Z-U approval of asite-specific development plan,and My commission expires: the creation of a vested property right pursuant to the Land Use Code 0f the City of Aspen and Title `p c 24,Article 68,Colorado Revised Statutes,pertain- ,,n .JQ �h 1�} ing to the t0110wing described property:,Parcel ID �✓�� t(`, C..�/It #2737-073-16-008 (Lot 1) and Parcel ID #2737-073-16-007(Lot 2),Legally described a 223 E Hallam St.;Lots C,D,E,and F,Block 72,s Notary Public City and Townsite of Aspen,Colorado.The ap- proval grants a Subdivision Amendment pursuant to Ordinance No.5,Series 2013,Condition 4.Lot 1 will be reduced to one(1)unit of density and Lot 2 will be allocated two(2)units.A building permit shale be submitted and a new occupancy classifi- cation will be issued for Lot 2 prior to any building ATTACHMENTS: permit applications being submitted to increase the unit density for Lot 1.The change is depicted in the land use application on file with the City of Aspen. BONNIE L. SHILES For further information contact Hillary Seminick at NOTARY PUBLIC the City of Aspen community Development Dept., COPY OF THE PUBLICATION STATE OF COLBLI 130 Sc.Galena St.,Aspen,Colorado,hillary.semi- �Y CO E IC CO LO ityofaspen.com,(970)429-2741. Published in The Aspen Times Weekly on June 12, �EXPIRES TOSER 30,2017 2014.(10266691) r STAN CLAUSON ASSOCIATES INC landscape architecture. planning. resort design " 412 North Mill Street Aspen, Colorado 81611 t.970/925-2323 f.970/92o-1628 info @scaplanning.com www.scaplanning.com � 29 May 2014 MAY 2 9 2014 Ms. Hillary Seminick Gj�" Y o Planner Technician ;� fp , OPk City of Aspen Community Development �' � ,.`' 130 S. Galena Street, 3rd Floor Aspen, CO 81611 Re: 223 E. Hallam Lot Split / Redistribution of Unit Density Dear Hillary: Please find enclosed a plan of the existing condition of the main level of the Victorian house located on Lot 2 of the 223 E. Hallam Street Lot Split. Per your request, this plan has identified the range/oven to be removed as well as the door(s) that will be re-opened. It is our understanding that these alterations will decommission the second unit of density on Lot 2 allowing a second unit of density to be allocated to Lot 1. We also understand that the Administrative Approval which will approve the reallocation of unit density between Lots 1 and 2 will condition that the range/oven be removed and the door(s) re-opened and that an Alteration Building Permit will be required for these activities. You have also requested information concerning the existing floor area currently present on the two lots and the resulting floor area calculations for the two lots once the non-historic addition is removed. The existing conditions calculation has apportioned the floor area present in the non-historic addition the amount the addition lies on Lot 1 and 2. Based on the attached drawings provided by Derek Skalko of 1 Friday Architects the existing and proposed floor area for Lots 1 and 2 are as follows: Existing Floor Area: Lot 1 (Studio) : Lower Level - 333 SF Main Level - 763 SF Apportioned Area of Addition - 127.5 SF 1,223.5 SF Lot 2 (Victorian House) Lower Level - 8 SF Main Level - 1,795.5 SF Upper Level - 771 SF Contributing Garage - 380 SF Apportioned Area of Addition - 129.5 SF 3,084 SF I Ms. Hillary Seminick Planner Technician 223 E. Hallam Redistribution of Unit Density 29 May 2014 Resulting Floor Area Following Demolition of Non-Historic Addition Lot 1(Studio) - Lower Level - 333 SF Main Level - 763 SF 1,096 SF Lot 2 (Victorian House) - Lower Level - 8 SF Main Level - 1,795.5 SF Upper Level - 771 SF Contributing Garage- 380 SF 2,954 SF Permitted floor area for a single family residence on a 6,000 SF lot in the R-6 zone district allows for 3,240 SF. On the same size of lot, the R-6 allows for 3,600 SF for a duplex. Therefore, Lot 2 will conform to the floor area limitations for a single family residence and Lot 1 will allow for the possibility for a duplex. Please call me with any questions. Very truly yours, Patrick S. Rawley, AICP, ASLA Stan Clauson Associates, Inc. Attachments I i �r rll rl m v:xuA mss -�L� Z � z O (f - � - } G 'p 7f oil LF Pm m 1 I I I u . I I y�3 11j} j I I 1 I 45 I �IIII I - • I � ��� � \ I I I I �s � I C 8 II 9 0 ii f____________________J i 1 I q . a I I -----------f—O I 1 0 1 1 1 A II I A 1 1 B I @5 MMain Level Floor Plant FAR Calculations(Victorian)-223 East Hallam M 17 1�G B-9 I; 1 i Ln I r — 11111 ® `. 11111 s V Br $.. ------- a. �. j d oM ;� II 1 �F f____________ _______J I I I 1 1 7 q z I II 1 2 Pro osed Main Level Floor Plan/FAR Calculations(Victorian)-223 East Ham O .•.. H•m Ati "East Hallam Residence Subdivision Lot Split Proposal" Existing&Proposed Conditions-HPC Approval Review rm aALnmm W—.Fm 223 East Hallam Street,West End District. City of Aspen r STAN CLAUSON ASSOCIATES ING landscape architecture. planning. resort design 412 North Mill Street Aspen, Colorado 81611 t.970/925-2323 f.970/920-1628 info @scaplanning.com www.scaptanning.com 8 May 2014 Ms. Jennifer Phelan, AICP Deputy Planning Director 130 S. Galena Street, 3rd Floor Aspen, CO 81611 Re: 223 E. Hallam Subdivision Amendment-Case Number 0039.2014.ASLU Dear Jennifer: In connection with the referenced application and in response to the Land Use Application Determination of Completeness, dated 7 May 2014, which informed us that the application was incomplete, please find the following materials which we believe will complete the application: Sheets A-1.06-A-1.09, Existing and Proposed Floor Plans/Floor Area Calculations and Email from Sara Nadolny to Stan Clauson, dated 9 April 2014, concerning steps required to return the historically designated Victorian to a single-family residence. Sheets A-1.06- A-1.09 were prepared by Derek Skalko of 1 Friday Design Collaborative. These sheets provide both existing and proposed floor plans of the historically designated Victorian with associated floor area calculations. The existing condition floor plans include the non- historic addition located on the western facade of the house while the proposed floor plans show the Victorian without the non-historic addition. The non-historic addition is slated to be removed in the near future. Pursuant to the plans, the proposed floor area of the Victorian, following removal of the non-historic addition, will be 2,725 SF. Permitted floor area on a 6,000 SF lot in the R-6 zone district is 3,240 SF. Therefore, the restored Victorian will meet the floor area requirements of the underlying zone district. The email from Sara Nadolny provides confirmation that we have discussed the matter of ensuring the additional unit of density in the Victorian will be removed and the house returned to a single-family residence. It is our understanding that the removal of the oven in the front unit in the Victorian will be sufficient to ensure the space is not habitable as a unit. Please call me with any questions. Very truly yours, Patrick S. Rawle y,, AICP, ASLA r Stan Clauson Associates, Inc. Enclosure MAY 0 .8 2014 0:i I y 4jr, '�Aor rgoid101T r y lml r.- i �IDAY y"o""Rr%'00 s.Oee 4. "II eera.ta+rrhe.y.e.m ..vne. Existing Lower Level: j Existing LpWer Level 266 Sq Ft 6.36A Exposure 268 Sq Ft Q_3%Exposure I 8 Sq Ft FAR Ft FAR,! I I :D �J C ti (0 N Q C a0 t a Q o U CL r� CL}: - o Q II C d M II II II II II II N i7 U II u > I I CO W I p o N I U u cn a C: I � U � �_ v m -- - -- --'` ai in Q� CL E E ° cu II I II CO Li u Co °-5 = 2 rn N CU Co N W W W N N F1 n GI II II II II II II II II H--- i n I I I I L___J ----- — 1 1 1 I --- 1:: -: L11J ------- L11J _ 266 S Ft @ 4 x 266 Sq Ft®3%Exposure 266 Sq Ft R 3%Exposure B Sq RFAR up BSq Ft FAR up - T-0'Cellirg F1aight __ T-0-Calling Haight n S Basement Mechanical C 1 Basement/Mechani.l 007 P�1M aO.Mwd. evel ____AT — ---- - +E ----- r rr-11 —J 3 — I I m I I I I I 1 1 I - I I I I 9 0 L——— I L---J 1\1 Existing Basement Level Floor Plan/FAR Calculations (Victorian)-223 East Hallam \O /A,.o6 SCALE:,/4"P-o" 2 Proposed T Basement Level Floor Plan/FAR Calculation �Vogrkany 223 East Hallam A,.O6 SCALE:1/4"=1'-0" s 1 �e Q — w IDAY Up7-10 Up7-1W .:..e.�. .1e,a F- --------- r k,e .9..peaa I I I 9'-W B'a•peens sill I EiEV -era(een°ssm Ceiling Height I I 9'-1 Gaping Height : M I I I I I I I Entry Area I Entry Area I an 9'ELEV_ Enev Lerel Tok r.: I 1�6TIEV E�1eW Ta� 7*-3'Cellinp Helghl -3•ll I 5• ..: _ C I I T Ceiling Heigh EXISTING FAR I : I t0 0. I i j I I W •� to I j C L N Q I I I 0 (X 0 alsting Mafn Level I I j ! 1795:5 Sg Ft FAR :, I I I I �-' -----� L------- -------------- — O` south(Alley)t]eck.168SgFt! - CD ------ �J Living&Dining Area Bedroom I Wh LIWng 8 Dining Area eedmpm s2•cehyHagh ,D, _ 1DZ •Bath 92•Gelling Height \ I Kitchen I Laundry Baih >V-W CaTng Height (n t W n p Ref. 0 Li \` I _--_:_________J /Dish. J U O ^ ___ O fn Q E I � N I : Main Level: Wootl Burning � � _� co 179556q F1 Flreplace ((f Mein Level: _ cu Oct _ co 1795.5 59 Ft FAR (p 15665 Sq Ft FAR I I e''-e'Celli,g Height 9'2•Ceiling Heigh I = e'-B'Ceilinp Height 9'2'Callinp Height •1... C (o I LIWng Area Dining Area UMhg aea Dining Area I to C y LJJ I m5 j ,as � W I elty-iaoa penz x1111' IJ..� w r.o.vlan.rn,„L..w W W N 9'ELEV-100'-0•(893.5 s 9 (o N � I N I I N I N I N I A ---------- ` -- ---------� O // E I �, / I �.` T nt R T V2• . i W. .� I V ry IL Up: 10 15 7 V 4 s lei•(mledl Up > iD b 7 e 2 pp e e — In Ref. 1 I C _ __ _. I o Up LDiah. e'-0'Caging Haigh LDish. : I (d oltM pkW.Mel Leval LauMry B oC II'Maeg� Laundry I � 81-2 Ceiling Height 9'ELEV-1pP-0'(sB3551p Sink Kltchan9 9 110 V ° e-2'Ce0n9 Height ELLV 2•°(89x5 5( 110 V J s Kitdien _ (o a a ,° 107 s 'r ❑� � ° ,07 / ' m Mud Hall x Wash D N Mud Hall x Wesll o ° I �.L ® I w d ® m '. � aaampm o !^1 ,o Deck Area \ ' I LJ. I' 0- a a � L / — r::-_7 I O _ 00 ee .ro FFOw,wa U 3-1 _____________ J O �ELEV-ee21R• U 3-1 I� c e r u- - N 0 > a Proposed Main Level:: 1566.5 5q Ft FAR C C 227 S uare Foot Reduction up(2I e•Ea0h 4 q co. C Q p(2)e•Eech G II o� South(Alley)Deck:168 Sq Ft C y PROPOSED FAR W U, O O w W��n 0a U • 0 N a �IDAY PROPOSED FAR O` I.-®+i�a.r•°• EXISM FAR _ Existing Upper Level:" _ - - 797 SO Ft 26 Sq Ft Open C 771 Sq Ft FAR = - Q EAstingUpperLevel: _ -_ 797 Sq F(-26 Sq Ft.Open = - South(Alley)Deck 168 Sq Ft j O Q Stairwell - - n CL 771 Sq Ft FAR - - r O O South(Alley)Deck:168 Sq Ft _ j I q __ I 0. L! - � Q0 CL --- - .y O Q 'L /f<. I I IIII III IIIIIIIII IIIIIIII VIII J U --- - __ _ I I I I I2'$spolg Pol— I Q T I IzA spdn9Podto I I Iwlz ROd I I .N r I W2 Red I O I I I I I I Bedroom I I N W I Bedroom I I I zo1 I p ++ I zo+ I I I I /O to I I I I 797(-288 ffie�ir0peni✓t9)Sq Ft I _ �/) 1 797(-26 sfk openid9)SgR I i 1 771 Sq Ft FAR V I ]71 Sq Ft FAR I I - _ Q ^ I I _ O U ++ -o N N ." U) N (n \ I I E (� (d a k O 06 Z F / I Bedroom Bedroom Z +� Baaroem Bed— ` 2031 (0 j W CU 202 — _ — swirl ----------- 1 — — I W X M — -- --- stab, — ----------- T1•Spdn9polntte Ha2OOr I W N H.11—y } t Ti•Spnn9 Po nt tO - w I 12/12 Roo( I N �r 12/12ROd ..., o. Le I/..,, \_-_ E' LEY 1 P7 n Ve I ... .: �_ ElEV.t a7ta• II I I on I r'i _{.; Bathroom cn 1 20C I T-0• Poin11p 12/12 RoSpnn9 d I / I-17 - - _ �> ., F,�I c• -, - 4 L. I r r III _- _ - - - 1 - - - . III _- -1=- = II ❑� I I I l - - I III I _ I Ij rF 17--7-I- 1-- - I I LU--- I 11 I -- - -- I t ---J - I I ---J I r- - I I L ® z•-aspe9Ponlp' - - 1 1 L ® r-e•spdn9 point I m + I I I v12 Red 12/12 ROOF L 2 Pro Dosed U er Level Floor Plan/FAR Calculations (Victorian)-223 East Hallam 1 Existin U er Level Floor Plan/FAR Calculations (Victorian)-223 East Hallam 11Ai SCALE:1/4'=V-O' O A1.08 SCALE:1/4'=1'-0" MAY 0S2014 Q 1r 1100 I I I III ♦\ 1 .o 1111111) m,i�Id y., I 1 I I I 1 I I I 11 I I I I 1 jsmep�nno e I I t 1 1 13 NJ I X 12 NJF 1 I 1 I 1 1 I MemLevel: I I I 1 = N CL I 263 sc R FIm1250 59 Fl6empl m Se 250 sVFl®la=iu I 255 Rema1"1.9 I O Q Thembie,350 Sy Fl FAR I I PAPOt r ROGF I }j I Li Z� ------'r---1 1 — +� _ _r ++ > .— l� O U I - -- I CL -_ _-� O Q v J U �+ L 7 C _j_ - ___47 O = 1 _ _-_t? W 109 ExLstiln -Gars a Plans/FAR Calculations-223 East Hallam ==ra o U O _� / — — — I� ❑ I' -- 1 - -I W 11111111 11111111 111111 111111 1111111 in CO _ d - - 06 Z c _I ° �- = wWN — i H I - U -_ _ vz III _ I3 { _ 12 y _ 2 1 1111 111111111L N� + 1111 II 111111 I I I I _ s 11111 111111 111 11111 111111-TA 11111 11111 r1,1 111 111 1 - a ro°c '1.�- ~� ':_ I lil�l�11 Illly—J 111 1 111 Ili YI--iHI—I�—till ur d' _ O - LLI— I,I I, 1 1 1 1 1 1 1 1I 11 i g J. LEI 1 1 _ _ _ - - _ _ -7- _ jit _ - -- - 1 209 Existiln -Roof Plan Victorian)-223 East Hallam 3 Proposed Roof Plan Victorian)-223 East Hallam�Y ® R Z01 Q A1.09 SCALE:1/4'=1'-0" p IVY STAN CLAUSON ASSOCIATES INC '* landscape architecture. planning. resort design 412 North Mill Street Aspen, Colorado 81611 t.970/925-2323 f•970/92o-1628 MAY 0 ?,914 info@scaplanning.com www.scaplanning.com I I y ,)I- 5 May 2014 Ms. Sara Nadolny Planning Technician City of Aspen Community Development Department 130 S. Galena Street, 3rd Floor Aspen, CO 81611 Re: 223 E. Hallam Street / Redistribution of Development Rights Dear Sara: On behalf of the owners of 223 E. Hallam Street, Gina Berko, David M. Fleisher, and NogBerko (collectively known as "the Applicants"), please accept this application which seeks to reallocated the potential density of three (3) units between Lots 1 and 2 of the 223 E. Hallam Lot Split (aka the Berko Lots Split). Lot 1 currently contains a single-family residence and Lot 2 currently contains a duplex housed in the historically designated Victorian. Pursuant to Ordinance No. 5, Series of 2013 and as provided on the 223 E. Hallam Street Lot Split Map recorded at Book 104, Page 38, it was stipulated that "maximum potential residential build-out for the two (2) parcels created by a lot split shall not exceed three units." The Applicants wish to redistribute the potential density between Lots 1 and 2 so that Lot 1 will have the potential for two units and Lot 2 will have only one unit of density associated with it. To accomplish this, the existing duplex on Lot 2 will be decommissioned by removing the oven from one of the units. The Applicants request that the Administrative Decision be effective on 31 May 2014, as this is the date that the second unit in the Victorian will be vacated. In conformance with the Pre-application Conference Summary dated 25 April 2014, please find the following code responses associated with this request: 26.304.035.Neighborhood Outreach A.Purpose.In order to facilitate citizen participation early in the development review process,the City requires development applications to conduct neighborhood outreach.The purpose of the outreach is to inform neighbors and interested members of the public about the project.The applicant must show a concerted effort inform neighbors and the public about the application prior to the first public hearing. C.Appropriate forms of public outreach.The applicant must choose to do one or more of the following forms of neighborhood outreach.Community Development Department staff may,as part of the pre- application conference,suggest Certain forms of neighborhood outreach that would be most appropriate for a development application.In addition,Community Development Department staff may identify specific aspects of the project or potential impacts of the project that should be addressed as part of the neighborhood outreach. If deemed necessary by the Community Development Department for this administratively review application, Neighborhood Outreach will be provided through the appropriate forms of public outreach, likely by Enhanced Public Information which III Ms. Sara Nadolny, Planning Technician 223 E. Hallam Street/ Redistribution of Development Rights 5 May 2014 will provide detailed information on the proposed reallocation of potential density through a public notice mailing and visual representations of the reallocated density. 26.480.030.Subdivision.Procedures for review. A development application for a subdivision approval shall be reviewed pursuant to the following procedures and standards and the Common Development Review Procedures set forth at Chapter 26.304. According to the type of subdivision requested,the following steps are necessary: A.Administrative Subdivisions.The Community Development Director shall approve,approve with conditions or deny the application,based on the standards of review in Section 26.480.050,Administrative Subdivisions. As allowed for in Ordinance No. 5, Series 2013, the plat amendment to reallocate the current density will be accomplished administratively through a Notice of Approval and the revision and re-recording of the plat. 26.480.060.Minor subdivisions. B.Historic Landmark Lot Split.The split of a lot that is a designated Historic Landmark for the purpose of creating one additional development parcel shall be approved,approved with conditions,or denied by the City Council,pursuant to Section 26.480.030—Procedures for Review,after a recommendation is provided by the Historic Preservation Commission pursuant to Section 26.415.110(A)Historic Landmark Lot Split,and according to the following standards: 1. The request complies with the requirements of Section 26.480.040 General Subdivision Review Standards. Per Ordinance No. 5, Series 2013, the lot split complied with this requirement. 2. The fathering parcel is listed in the Inventory of Historic Sites and Structures. Per Ordinance No. 5, Series 2013, the lot split complied with this requirement. 3. No more than two lots are created by the Historic Landmark Lot Split.No more than one historic landmark lot split shall occur on any one fathering parcel. Per Ordinance No. 5, Series 2013, the lot split complied with this requirement. 4. In residential zone districts,the allowable Floor Area for each new residential lot shall be established by allocating the total allowable Floor Area of the fathering parcel to each of the new lots such that no overall increase in Floor Area is achieved and no individual lot allows a Floor Area in excess of that allowed a similarly-sized lot in the same zone district.An equal distribution is not required.The allowable Floor Area for each new lot shall be noted on the Historic Lot Split Plat. Any Floor Area bonus already granted by the Historic Preservation Commission shall be allocated to each individual parcel and shall also be noted on the plat as a square footage bonus.If the properties remain eligible for a Floor Area bonus from the Historic Preservation Commission,the plat and subdivision agreement shall specify the manner in which this potential bonus shall be allocated to the two properties if received. r Ms. Sara Nadolny, PlanWI,g Technician 223 E. Hallam Street/ Redistribution of Development Rights 5 May 2014 Per Ordinance No. 5, Series 2013, the lot split complied with this requirement. Following the reallocation of the potential units of density between Lot 1 and 2, the newly created single-family residence on Lot 2 will comply with the floor area allowed for a single-family residence in the R-6 zone district. In the event there are any floor area bonuses granted by the HPC, the bonus will be allocated to each parcel and the square footage bonus listed on the plat. 5.The Historic Lot Split Plat shall be reviewed and recorded in the office of the Pitkin_County Clerk and Recorder,pursuant to Chapter 26.490—Approval Documents.No subdivision agreement need be prepared or entered into between the applicant and the City unless the Community Development Director determines such an agreement is necessary. The 223 E. Hallam Street Lot Split has been finalized and recorded at Book 104, Page 38. A draft revised plat has been prepared and made a part of this application which has incorporated certain language specific to the reallocation of density between Lots 1 and 2. 26.490.040 Approval Documents Content and Form Approval Documents required by this Title shall conform to the following requirements: A. Subdivision Plat.Subdivision plats required by Chapter 26.480—Subdivision plats,including condominium plats and any change to a platted legal description of a parcel,shall contain the information and be in the format required by Title 29—Engineering Design Standards,Plats. A draft revised plat has been prepared and made a part of this application which has incorporated certain language specific to the reallocation of density between Lots 1 and 2. The draft plat will meet the requirements of Title 29- Engineering Design Standards. 26.710.040 Medium-Density Residential(R-6). The requirements of the Medium-Density Residential Zone District (R-6) will be met, to the maximum extent possible and in conformance with previous approvals. Please call me with any questions. Very truly yours, Patrick S. Rawley, AICP, ASLA Stan Clauson Associates, Inc. Enclosure i AT CHMENT 2—LAND USE APPLlCA, )N PRO.�rc;r: Name: Berko Subdivision Aeplication - Reallocation of Densit y between Lots 1 and 2 Location: 223 E. Hallam Street City of As en Historic Townsite Block 72 Lots C D E F (Indicate street address,.lest&block number,legal description where aporoFsriate) Parcel Ill#(:RE UI.RED 273707316003 APPLICANT: y Name: Berko Family Address: c/o Nora Berko 130 Snow§2nny Lane Aspen, CO 81611 MAY 05 2014 Phone#: 970-925-3850 , Ri�PLtF..SE�"L'ATLVI:: . Name: Stan-Clauson Associates, Inc. Address: 412 N. Mill Street,Aspen, CO 81611 Phone f#: 970-925-2323 TYPE Of APPLICATION:(please check all that apply): ❑ GMQS Exemption ❑ Conceptual PUD ❑ Temporary Use ❑ GMQS Allotment ❑ Final PUD(&PUD Amendment) ❑ Text/Map Amendment ❑ Special Review ❑X Subdivision ❑ Conceptual SPA ❑ ESA-8040 Greenline,Stream. ❑ Subdivision Exemption(includes ❑ Final SPA(&SPA. Margiix,Hallam Lake.Bluff, condominiumization) Amendment) Nlountain View Plane ❑ Commercial Design Review ❑ Lot Split ❑ Small Lodge Conversion.' Expansion ❑ R.esidential.Design Variance ❑ Lot Line Adjustment ❑ Other: ❑ Conditional Use EXISTING CONDITIONS. (descrl ton of existtn buildin s,uses,previousapprovals,etc. Parcel number 273707316003 is a 12 000 s . ft. Parcel located in the West End neighborhood of the Cily of Aspen Historic Townsite. Two residential structures currently exist on the site. An 1893 two-story Victorian rest ence with o resictenlial units-a-n-d a one-s ory—residence buift i—nT964. PROPOSAL' (desen ption of pEposed buildings,uses modifications etc: The Applicants received approval for the Berko Lot Split by Ordinance No. 5, Series of 2013. The Applicants wisti to reallocate Me density between the two lots so ttlat tot as Me potential for two units and tot he Have you attached the following". FEES DUE;$ 650.00 i-M Pre-Application Conference Summary Attachment#€I,Signed Fee Agreement Response to Attachment 0,Dimensional Requirements Form .Response to Attachment##4,Submittal Requirements-..Including 1A%ritten Responses to Review Standards 3-D Nlodel for large project All plans that are larger than 8.5"X 11"must be folded. A disk with an electric copy of all written text (Microsoft Word Format)must be submitted as part of the application. Large Seale protects should include An electronic 3-D model. Your pre-application conference summary will indicate if you muit submit a 3-1)model. THE CITY OF ASPEN Land Use Application Determination of Completeness Date: May 7, 2014 Dear City of Aspen Land Use Review Applicant, We have received your land use application and reviewed it for completeness. The case number and name assigned to this property is 0039.2014.ASLU — 223 E. Hallam, Subdivision Amendment. our Land Use Application is incomplete: Please submit the following missing submission items so that we may begin reviewing your application. No review hearings will be scheduled until all of the submission contents listed above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the I use application. V. Floor Area calculations are needed to verify the Victorian and garage meet the underlying allowable floor area for a single-family residence on a b,000 sq. ft. lot. -5`Vr+ 2. Floor plans showing how the second dwelling unit will be removed from the Victorian, if a building permit is not required. ❑ Your Land Use Application is complete: If there are not missing items listed above, then your application has been deemed complete to begin the land use review process. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2778 if you have any questions. Thank You, i fifer P el , Deputy Planning Director City of Aspen, Community Development Department For Office Use Only: Qualifying Applications: Mineral Rights Notice Required New SPA New PUD Yes No Subdivision, SPA, or PUD(creating more than 1 additional lot) GMQS Allotments Residential Affordable Housing Yes No Commercial E.P.F. Lodging Stan Clauson From: Sara Nadolny <sara.nadolny @cityofaspen.com> Sent: 09 April 2014 15:34 To: Stan Clauson Subject: RE: Berko Lot Split Good afternoon Stan. I have spoken with the zoning officers who agree that the removal of the oven would be key in finding this to be a single family home as opposed to a duplex. A wet bar is permitted to remain. We will want to see building plans for this,as well as floor area calcs to ensure the single family home will not exceed the allowable FAR of 3,240 sq.ft. Also this change in use will require some sort of administrative approval to memorialize this lot as having a single family home, per Section 4 of Ordinance No.5,Series 2013. 1 will need to speak with Amy to determine if this change in use(duplex to single family) requires the removal of the non-historic piece that currently spans the lot lines between the properties. Sincerely, Sara M. Nadolny Planner Technician 970.429.2739 All City of Aspen email addresses are being changed to first name.last name Pcityofaspen.com. Please update your contact list. ** Notice and Disclaimer. This message is intended only for the individual or entity to which it is addressed and may contain information that is confidential and exempt from disclosure pursuant to applicable law. If you are not the intended recipient,please reply to the sender that you have received the message in error and then delete it. Further,the information or opinions contained in this email are advisory in nature only and are not binding on the City of Aspen. If applicable,the information and opinions contain in the email are based on current zoning,which is subject to change in the future,and upon factual representations that may or may not be accurate. The opinions and information contained herein do not create a legal or vested right or any claim of detrimental reliance. From: Stan Clauson fmailbo:stan @scaplanning.coml Sent:Tuesday, April 08, 2014 4:03 PM To: Sara Nadolny Subject: RE: Berko Lot Split Hi Sara— Well,this is not so much a part of the ordinance as it is the definition of a residential unit. Currently,there is a second unit,a small apartment in the historic house. In order to have an Administrative Amendment to shift the second unit from the historic house to the studio lot,the second residence in the historic house will need to be removed. So what is the least action that would effectively remove the second unit from the historic house? For example,would removing the oven and stove be sufficient? You may want to consult with Sara Adams or Jennifer on this. Thanks, Stan Stan Clouson, AICP, ASLA STAN CLAUSON ASSOCIATES INC From: Sara Nadoiny fmaiito:sara.nadolny @cityofaspen.com] MAY Q 8 2014 Sent: 08 April 2014 14:20 1 To: Stan Clauson Subject: Berko Lot Split Hi Stan—I got your message. I am going to pull the Ordinance and will get back with you on this. Sincerely, Sara M. Nadolny Planner Technician 970.429.2739 **All City of Aspen email addresses are being changed to first name.last name@cityofaspen.com. Please update your contact list. ** Notice and Disclaimer. This message is intended only for the individual or entity to which it is addressed and may contain information that is confidential and exempt from disclosure pursuant to applicable law. If you are not the intended recipient,please reply to the sender that you have received the message in error and then delete it. Further,the information or opinions contained in this email are advisory in nature only and are not binding on the City of Aspen. If applicable,the information and opinions contain in the email are based on current zoning,which is subject to change in the future,and upon factual representations that may or may not be accurate. The opinions and information contained herein do not create a legal or vested fight or any claim of detrimental reliance. I MAY 2014 2 Stan Clauson From: Sara Nadolny <sara.nadolny @cityofaspen.com> Sent: 09 April 2014 15:34 To: Stan Clauson Subject: RE: Berko Lot Split Good afternoon Stan. I have spoken with the zoning officers who agree that the removal of the oven would be key in finding this to be a single family home as opposed to a duplex. A wet bar is permitted to remain. We will want to see building plans for this, as well as floor area calcs to ensure the single family home will not exceed the allowable FAR of 3,240 sq.ft. Also this change in use will require some sort of administrative approval to memorialize this lot as having a single family home, per Section 4 of Ordinance No. 5,Series 2013. 1 will need to speak with Amy to determine if this change in use(duplex to single family) requires the removal of the non-historic piece that currently spans the lot lines between the properties. Sincerely, Sara M. Nadolny Planner Technician 970.429.2739 **All City of Aspen email addresses are being changed to first name.last name @cityofaspen.com. Please update your contact list. ** Notice and Disclaimer: This message is intended only for the individual or entity to which it is addressed and may contain information that is confidential and exempt from disclosure pursuant to applicable law. If you are not the intended recipient,please reply to the sender that you have received the message in error and then delete it. Further,the information or opinions contained in this email are advisory in nature only and are not binding on the City of Aspen. If applicable,the information and opinions contain in the email are based on current zoning,which is subject to change in the future,and upon factual representations that may or may not be accurate. The opinions and information contained herein do not create a legal or vested right or any claim of detrimental reliance. From: Stan Clauson rmailto:stanCabscaplanning.com] Sent: Tuesday, April 08, 2014 4:03 PM To: Sara Nadolny Subject: RE: Berko Lot Split Hi Sara-- Well,this is not so much a part of the ordinance as it is the definition of a residential unit. Currently,there is a second unit, a small apartment in the historic house. In order to have an Administrative Amendment to shift the second unit from the historic house to the studio lot,the second residence in the historic house will need to be removed. So what is the least action that would effectively remove the second unit from the historic house? For example, would removing the oven and stove be sufficient? You may want to consult with Sara Adams or Jennifer on this. Thanks, Stan Stan Clauson, AICP, ASLA STAN CLAUSON ASSOCIATES INC MAY 2014 From: Sara Nadolny f mailto:sara.nadolny cityofaspen com] Sent: 08 April 2014 14:20 To: Stan Clauson Subject: Berko Lot Split Hi Stan—I got your message. I am going to pull the Ordinance and will get back with you on this. Sincerely, Sara M. Nadolny Planner Technician 970.429.2739 **All City of Aspen email addresses are being changed to first name.last name@cityofaspen.com. Please update your contact list. ** Notice and Disclaimer: This message is intended only for the individual or entity to which it is addressed and may contain information that is confidential and exempt from disclosure pursuant to applicable law. If you are not the intended recipient,please reply to the sender that you have received the message in error and then delete it. Further,the information or opinions contained in this email are advisory in nature only and are not binding on the City of Aspen. If applicable,the information and opinions contain in the email are based on current zoning,which is subject to change in the future,and upon factual representations that may or may not be accurate. The opinions and information contained herein do not create a legal or vested right or any claim of detrimental reliance. <2 2 Parcel Detail Page 1 of 3 Pitkin County Assessor Parcel Detail Information Assessor Property Search I Assessor Subset Quejy I Assessor Sales Search Clerk&Recorder Reception Search I Treasurer Tax Search Search GIS Map I GIS Help Basic Building Characteristics I Value Summary Parcel Detail I Value Detail I Sales Detail I Residential/Commercial Improvement Detail Owner Detail I Land Detail I Photographs Tax Account Parcel property Type 2011 Mill Area Number Number Levy 001 R000127 273707316003 RESIDENTIAL 31.653 Primary Owner Name and Address BERKO GINA 292 GLEN EAGLES DR ASPEN, CO 81611 Additional Owner Detail Legal Description Subdivision: CITY AND TOWNSITE OF ASPEN Block: 72 Lot: C AND:-Lot: Thru F Location Physical Address: 223 E HALLAM ST ASPEN Subdivision• CITY AND TOWNSITE OF ASPEN Land Acres: 110.000 Land Sq Ft: 12,000 2012 Property Value Summary Actual Value Assessed Value http://www.pitkinassessor.org/assessor/parcel.asp?AccountNumber=R000127 20-Nov-12 Parcel Detail Page 2 of 3 Land: II 4,950,00011 394,0201 Im rovements: 41,3001 3,290 Total: 4,991,300 397,310 Sale Date: Sale Price: Additional Sales Detail Basic Building Characteristics Number of Residential 2 Buildings: 11 1 Number of Comm/Ind 0 Buildings: Residential Building Occurrence 0 Characteristics FIRST FLOOR: 11,726 2ND FLOOR-11830 OPEN PORCH: 44 1/2 STORY: 204 UNFINISHED GARAGE: 300 Total Heated Area: 2,760 Property Class: SINGLE FAM RES- IMPROVEMEN Actual 11888 Effective 11970 Bedrooms: 14 Baths: 2 Quality of Construction: AVERT 11 Exterior Wall: WOOD SD GO Interior Wall: 11PLASTER Floor: CARPET Floor: WOOD Heat Type: HT WTR B/B Heating Fuel: JIGAS Roof Cover-11ASP SHINGL Roof Structure: GABLE/HIP Nei hborhood: NORTH "WEST END" ASPEN http://www.pitkinassessor.org/assessor/parcel.asp?AccountNumber=R000127 20-Nov-12 Parcel Detail Page 3 of 3 II Super Nbad: IICITY OF ASPEN II Top of Page Assessor Database Search Options Pitkin County Home Page The Pitkin County Assessor's Offices make every effort to collect and maintain accurate data. However, Good Turns Software and the Pitkin County Assessor's Offices are unable to warrant any of the information herein contained. ...... . .._.._......................... Copyright©2003 - 2012 Good Turns Software. All Rights Reserved. Database &Web Design by Good Turns Software. http://www.pitkinassessor.org/assessor/parcel.asp?AccountNumber=R000127 20-Nov-12 Nora Berko,Manager ELM 223 LLC 130 Snowbunny Lane Aspen, CO 81611 Tel:970-925-3850 3 January 2013 Ms.Sara Adams, AICP Senior Planner City of Aspen Community Development Department 130 S. Galena St.,3rd Floor Aspen, CO 81611 Dear Ms. Adams: This letter is to certify that we,the undersigned owners of the property located at 223 E. Hallam Street,Aspen, Colorado,give Stan Clauson Associates, Inc.and its staff permission to represent us in discussions with the City of Aspen regarding an application for subdivision of this property,and in the preparation of and appearances for any related land use applications. The contact information for Stan Clauson Associates is as follows: Stan Clauson, AICP, ASLA Stan Clauson Associates, Inc 412 N.Mill Street Aspen,CO 81611 Tel (970)925-2323 Fax(970)920-1628 stan @scaplanning.com Very Truly Yours, GinaYerko,as owner Undivided 25%interest Davi M. Fleisher,as owner Undivided 25%interest C� Nora Berko,as Manager ELM 223 LLC Undivided 50%interest RECEPTION#:594286, 11/29/2012 at 09:55:20 AM, I OF 3, R $21.00 Doc Code RESOLUTION Janice K.Vos Caudill, Pitkin County, CO A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION APPROVING MINOR DEVELOPMENT AND PARTIAL DEMOLITION OF THE PROPERTY LOCATED AT 223 EAST HALLAM AVENUE,LEGALLY DESCRIBED AS LOTS C,D, E AND F,BLOCK 72, CITY AND TOWNSITE OF ASPEN,COLORADO RESOLUTION#29, SERIES OF 2012 PARCEL ID: 2737-073-16-003 WHEREAS, the applicant, Gina Berko 25%, David Fleisher 25%, and 223 ELM LLC 50%, represented by Derek Skalko of 1Friday Design Collaborative, submitted an application requesting Minor Development review and Partial Demolition of the property located at 223 East Hallam Avenue, legally described as Lots C, D, E and F, Block 72, City and Townsite of Aspen, Colorado;and WHEREAS, 223 East Hallam Avenue is included in AspenVictorian and listed on the Aspen Inventory of Historic Landmark Sites and Structures; and WHEREAS, 223 East Hallam Avenue is located in the R-6 zone district; and WHEREAS, Section 26.415.070 of the Municipal Code states that "no building or structure shall be erected, constructed, enlarged, altered, repaired, relocated or improved involving a designated historic property or district until plans or sufficient information have been submitted to the Community Development Director and approved in accordance with the procedures established for their review;"and WHEREAS, at their regular meeting on November 14, 2012 the Historic Preservation Commission opened a duly noticed public hearing, took public comment, considered the application, the staff memo, staff recommendation, and public comments, and found that the application for Minor Development and Demolition met the review standards with conditions and the"City of Aspen Historic Preservation Design Guidelines,"by a vote of five to zero(5-0). NOW,THEREFORE,BE IT RESOLVED: That HPC hereby grants Minor Development and Demolition approvals with conditions for the property located at 223 East Hallam Avenue, Lots C, D, E and F Block 72, City and Townsite of Aspen,Colorado with the following conditions: 1. Partial demolition of the west elevation of the Victorian residence as represented in the application is approved. 2. The west elevation shall be restored using the 1967 plans included in the application. 3. The horizontal wood siding shall match the existing profile. 4. The existing wood windows shall be reused in the restoration of the west elevation as presented in the application. 223 E.Hallam Avenue—Minor Development and Demolition HPC Resolution#29,Series of 2012 Page 1 of 3 5. Asphalt shingles are approved for the roof of the west elevation. The shingles shall match the existing roof on the Victorian. A material sample shall be reviewed and approved by Staff and Monitor. 6. The foundation shall be sandstone to match existing condition. A material sample shall be reviewed and approved by Staff and Monitor. 7. There shall be no deviations from the exterior elevations as approved without first being reviewed and approved by HPC staff and monitor, or the full board. 8. The development approvals granted herein shall constitute a site-specific development plan vested for a period of three (3) years from the date of issuance of a development order. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. Unless otherwise exempted or extended, failure to properly record all plats and agreements required to be recorded, as specified herein, within 180 days of the effective date of the development order shall also result in the forfeiture of said vested property rights and shall render the development order void within the meaning of Section 26.104.050 (Void permits). Zoning that is not part of the approved site-specific development plan shall not result in the creation of a vested property right. No later than fourteen (14) days following final approval of all requisite reviews necessary to obtain a development order as set forth in this Ordinance, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to this Title. Such notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right, valid for a period of three (3) years, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: 223 East Hallam Avenue, Lots C, D, E, and F, Block 72, City and Townsite of Aspen, County of Pitkin, State of Colorado. Nothing in this approval shall exempt the development order from subsequent reviews and approvals required by this approval of the general rulcs, regulations and ordinances or the City of Aspen provided that such reviews and approvals are not inconsistent with this approval. The approval granted hereby shall be subject to all rights of referendum and judicial review; the period of time permitted by law for the exercise of such rights shall not begin to run until the date of publication of the notice of final development approval as required under Section 26.304.070(A). The rights of referendum shall be limited as set forth in the Colorado Constitution and the Aspen Home Rule Charter. [see following page for signatures] 223 E.Hallam Avenue—Minor Development and Demolition HPC Resolution##29,Series of 2012 Page 2 of 3 APPROVED BY THE COMMISSION at its regular meeting on the 14th day of November, 2012. Ann Mullins,Chair Approved as to Form: r� 7 Debbie Quinn,Assistant City Attorney ATTW: `Kathy St Ackland,Chief Deputy Clerk 223 E.Hallam Avenue—Minor Development and Demolition HPC Resolution#29,Series of 2012 Page 3 of 3 RECEPTION#: 598069,03/28/2013 at 09:18:04 AM, 1 OF 4, 'R $26.00 Doc Code ORDINANCE Janice K.Vos Caudill, Pitkin County, CO ORDINANCE NO. 5 (SERIES OF 2013) AN ORDINANCE-OF THE CITY OF ASPEN CITY COUNCIL APPROVING THE BERKO LOT SPLIT FOR THE PROPERTY COMMONLY KNOWN AS 223 E.HALLAM STREET,CITY OF ASPEN,PITKIN COUNTY,COLORADO. Parcel No. 2737-073-16-003 WHEREAS, the Community Development Department received an application from the Berko Family, c/o Nora Berko, requesting Lot Split review for the property commonly known as 223 E. Hallam Street; and, WHEREAS,the subject property is zoned R-6 (Medium-Density Residential); and, WHEREAS, the Applicant has requested a Lot Split review by the City Council and approval to divide the current 12,000 sq. ft. lot, comprised of four original townsite lots, into two 6,000 sq. ft. lots; and, WHEREAS, the City Council has reviewed and considered the lot split proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a duly noticed public hearing on March 11,2013; and, WHEREAS, during a duly noticed public hearing on March 11, 2013, the City Council opened the hearing, took public testimony, considered pertinent recommendations from the Community Development Director, and referral agencies of the City of Aspen and adopted Ordinance No. _, Series of 2013, approving Lot Split, which would allow the division of the 12,000 sq. ft. lot into two 6,000 sq. ft. lots at 223 E. Hallam Street; and, WHEREAS, the Aspen City Council finds that the lot split proposal meets or exceeds all the applicable development standards. NOW, THEREFORE,BE IT ORDAINED BY THE CITY OF ASPEN CITY COUNCIL AS FOLLOWS: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, City Council hereby approves the Lot Split request to divide the 12,000 sq. ft. property known as 223 E. Hallam Street into two 6,000 sq. ft. lots,as proposed. 1 Section 2: Plat The Applicant shall record a lot split plat that meets the requirements of Land Use Code Section 26.480,Subdivision,within 180 days of approval. Section 3: Subdivision No further subdivision may be granted for the newly created lots. No additional units will be constructed without the required land use approvals and growth management allocations. Section 4: Maximum Density A lot split approval allows for a maximum of three residential units of density to be shared between the two subject lots. Lot 1 may contain one residence. Lot 2 may contain two residences. No further units of density may be added to these lots. The current allocated density of the three units may be amended between the two lots through administrative approval. Section 5• Parks The Parks Department will require separate landscape and tree protection reviews for each new lot upon the request for building permit. Staff will determine if an approved tree permit will be required prior to demolition or significant property changes. Tree removal mitigation will be handled through cash-in-lieu payment or by on-site plantings, such as street trees. Planting in the public right-of-way will be subject to landscaping in the right-of-way requirements. Improvements to the right-of-way should include new grass and irrigation. The applicant shall work with the Parks Department to design an appropriate trench box for any new tree plantings. Plans for tree plantings shall be completed and conceptually approved prior to building permit submittal. Section 6: Water/Utilities Upon future development of either lot, utility design shall be incorporated into plans that will address individual services and meters for each lot. Electric utility impacts should be similarly addressed by any future developer including, but not limited to, transformer capacity analysis and transformer locations. New transformers must be maintained on-site,but outside of the public right- of-way. Section 7: Vested Property Rights The development approvals granted herein shall constitute a site-specific development plan vested for a period of three(3)years from the date of issuance of a development order. No later than fourteen (14) days following final approval of all requisite reviews necessary to obtain a development order as set forth in this ordinance, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to this Title. Such notice shall be substantially in the following form: 2 Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: Berko Subdivision, Lots N and O, Block 81, City and Townsite of Aspen, by Ordinance No._, Series of 2013, of the Aspen City Council. Section 8• This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided,and the same shall be construed and concluded under such prior ordinances. Section 9• If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 10: A public hearing on the ordinance shall be held on the 11 th day of March, 2013, in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. Section 11: This ordinance shall become effective thirty(30)days following final adoption. INTRODUCED,READ AND ORDERED PUBLISHED as provided by law,by the City Council of the City of Aspen on the 25U'day of February,2013. Attest: l Kathryn S. A,City Clerk Michael C.Ireland,Mayor 3 FINALLY,adopted,passed and approved this 11th day of March,2013. Attest: 7 3 ,Z l Kathryn S. ,City Clerk Michael C. Ireland,Mayor Approved as to form: James R.True,City Attorney 4 VI { I_v 5- J,) Ad Name: 8931378A LEGAL NOTICE ✓ �( 13 ORDINANCE 05,2013 PUBLIC HEARING Customer: Aspen (LEGALS) City of Ordinance#5,Series of 2013,was adopted on first Your account number: 1013028 reading at the City Council meeting February 25, 2013. This ordinance,if adopted will approve a lot split for 223 E.Hallam The public hearing on this ordinance Is scheduled for March 11,2013,at 5 PM,City hall,130 South Galena. PROOF OF PUBLICATION websitethe entire text,go to the city's legal notice hftpY/www.a$penpitkin.cortVDepartments/Clork/Le- gal-Notices/ If you would like a copy FAXed,mailed or e-mailed to you,call the city clerk's office,429-2686. T21 A211 TIMIS Published in the Aspen Times Weekly on February 28,2013. [8931378] STATE OF COLORADO, COUNTY OF PITKIN I,Jim Morgan,do solemnly swear that I am General Manager of the ASPEN TIMES WEEKLY, that the same weekly newspaper printed,in whole or in part and published in the County of Pitkin,State of Colorado,and has a general circulation therein;that said newspaper has been published continuously and uninterruptedly in said County of Pitkin for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement. The Aspen Times is an accepted legal advertising medium, only for jurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 consecutive insertions;and that the first publication of said notice was in the issue of said newspaper dated 2/28/2013 and that the last publication of said notice was in the issue of said newspaper dated 2/28/2013. In witness whereof,I have here unto set my hand this 03/15/2013. Jim Morgan,General Manager Subscribed and sworn to before me,a notary public in and for the County of Garfield,State of Colorado this 03/15/2013. Mary E.Borkenhagen,Notary Public Commission expires:September 12,2015 IA rA# :2= 4I,%,.oa COLORPo`db +nne P Land Title Guarantee Company laid! CUSTOMER DISTRIBUTION GUARANTEE COMMM WWW.LrGc.com Date: 04-03-2013 Our Order Number: Q62004962-3 Property Address: 223 E HALLAM ST ASPEN, CO 81611 If you have any inquiries or require further assistance,please contact one of the numbers below. For Title Assistance: Aspen Title Dept. Kurt Beereboom 533 E HOPKINS#102 ASPEN,CO 81611 Phone:970-925-1678 Fax: 970-925-6243 Entail: kbeereboom @ltgc.com STAN CLAUSON ASSOCIATES,INC HOWIE MALLORY 412 NORTH MILL ST 1230 SNOWBUNNY LN ASPEN,CO 81611 ASPEN, CO 81611 Attn: PATRICK RAWLEY Attn: HOWIE MALLORY Phone: 970-925-2323 Phone: 970-925-3850 Fax: 970-920-1628 Copies: 1 Copies: 1 EMail:ihmallory @gmail.com EMail:patrick @scaplanning.com Sent Via EMail Sent Via EMail LAND TITLE GUARANTEE COMPANY INVOICE NO. ASP-3565 Land Tide GUARANTEE COMPANY FMN.LT G C.C OM STAN CLAUSON ASSOCIATES, INC 412 NORTH MILL ST ASPEN, CO 81611 Owner: GINA BERKO AS TO AN UNDIVIDED 25%INTEREST AND DAVID M.FLEISHER AS TO AN UNDIVIDED 25%INTEREST AND ELM 223,LLC AS TO AN UNDIVIDED 50%INTEREST Address: 223 E HALLAM ST ASPEN, CO 81611 Invoice Date: April 03, 2013 Order No. Q62004962-3 - - - - - - Invoice Charges TBD Report $100.00 TBD -TBD Income $-100.00 -Amount Due- $0.00 Due and payable upon receipt. For Remittance please refer to Invoice No. ASP-3565 Please make checks payable to: Land Title Guarantee Company 5975 Greenwood Plaza Blvd. Suite 125 Greenwood Village, CO 80111-4701 LAND TITLE GUARANTEE COMPANY TBD Report Our Order No. Q62004962-3 TBD Report Fee $0.00 This report is neither a commitment to insure, nor an abstract of title.This product may not conform to the written standards and practices of our underwriters and the Company reserves the right to set further requirements and/or exceptions should a full title commitment be ordered in the future.The liability of the Company shall not exceed the charge paid by the applicant for this report, nor shall the Company be held liable to any party other than the applicant for this report. Certification Date: April 02, 2013 at 5:00 P.M. Address: 223 E HALLAM ST ASPEN, CO 81611 Legal Description: LOTS C,D,E, AND F, BLOCK 72, CITY OF ASPEN COUNTY OF PITKIN, STATE OF COLORADO. Ownership: Recorded County Recording Date Reception Number Book/Page PITKIN 12-20-2000 449827 PITKIN 12-20-2000 449828 PITKIN 12-30-2008 555365 PITKIN 12-30-2008 555368 PITKIN 01-16-2009 555827 The following will be required should the Company be requested to issue a future commitment to insure: NOTE: ADDITIONAL REQUIREMENTS OR EXCEPTIONS MAY BE NECESSARY WHEN THE BUYERS NAMES ARE ADDED TO THIS COMMITMENT. COVERAGES AND/OR CHARGES REFLECTED HEREIN, IF ANY, ARE SUBJECT TO CHANGE UPON RECEIPT OF THE CONTRACT TO BUY AND SELL REAL ESTATE AND ANY AMENDMENTS THERETO. NOTE: AFFIDAVIT/STATEMENT OF AUTHORITY FOR ELM 223 LLC RECORDED FEBRUARY 06, 2009 UNDER RECEPTION NO. 556294 DISCLOSES NORA BERKO AS MANAGING MEMBER WHO MAY ACQUIRE, CONVEY, ENCUMBER, LEASE OR OTHERWISE DEAL WITH INTERESTS IN REAL PROPERTY FOR SAID LLC. Our Order No. Q62004962-3 TBD Report The following documents affect the property_ 1. RESERVATIONS AND EXCEPTIONS AS SET FORTH IN THE DEED FROM THE CITY OF ASPEN RECORDED JANUARY 31, 1888 IN BOOK 59 AT PAGE 330, PROVIDING AS FOLLOWS: THAT NO TITLE SHALL BE HEREBY ACQUIRED TO ANY MINE OF GOLD, SILVER, CINNABAR OR COPPER OR TO ANY VALID MINING CLAIM OR POSSESSION HELD UNDER EXISTING LAWS. 2. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION#29, SERIES OF 2012 RECORDED NOVEMBER 29, 2012 AT RECEPTION NO. 594286. 3. TERMS CONDITIONS AND PROVISIONS OF ORDINANCE#5 SERIES OF 2013 RECORDED MARCH 28, 2013 AT RECEPTION NO 598069 4. DEED OF TRUST DATED FEBRUARY 04, 2009, FROM GINA BERKO AS TO AN UNDIVIDED 25%INTEREST AND DAVID M. FLEISHER AS TO AN UNDIVIDED 25%INTEREST AND ELM 223, LLC AS TO AN UNDIVIDED 50%INTEREST TO THE PUBLIC TRUSTEE OF PITKIN COUNTY FOR THE USE OF ALPINE BANK TO SECURE THE SUM OF$491,000.00 RECORDED FEBRUARY 06, 2009, UNDER RECEPTION NO. 556295. 5. DEED OF TRUST DATED AUGUST 01, 2012, FROM GINA BERKO AS TO AN UNDIVIDED 25% INTEREST AND DAVID M. FLEISHER AS TO AN UNDIVIDED 25%INTEREST AND ELM 223, LLC AS TO AN UNDIVIDED 50%INTEREST TO THE PUBLIC TRUSTEE OF PITKIN COUNTY FOR THE USE OF ALPINE BANK TO SECURE THE SUM OF$100,000.00 RECORDED SEPTEMBER 13, 2012, UNDER RECEPTION NO. 592207. 6. ANY BOUNDARY DISCREPANCY DUE TO THE LOCATION OF FENCE LINES AND THE EFFECT OF ANY RIGHT, TITLE OR INTEREST THAT MAY BE CLAIMED DUE TO ANY SAID DISCREPANCY. CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Sara Nadolny,970.429.2739 DATE: 04/25/14 PROJECT: 223 E. Hallam St.—Redistribution of Development Rights REPRESENTATIVE: Patrick Rawley TYPE OF APPLICATION: Subdivision DESCRIPTION:The prospective applicant is contemplating a change to the density allocated between Lots 1 and 2 of the 223 E. Hallam Lot Split(a.k.a. the Berko Lot Split)that was accomplished in 2013 via the recorded plat found at Book 104, Page 38, Lot 1 contains a single- family residence, whereas Lot 2 has been improved with a Victorian duplex. The Victorian is a historically designated building, save for a portion that spans the two properties. As a side note of information,the Historic Preservation Commission has granted the removal of this non-historic piece via Resolution 29, Series of 2012 (Reception No. 594286), and outlines the conditions by which the piece must be removed. Plat note 2 of the 2013 recorded plat reads: "Maximum potential residential build-out for the two (2) parcels created by a lot split shall not exceed three(3) units." With permission of the lot owners,the density may be reallocated such that Lot 1 will contain two units of density, and Lot 2 will contain one unit of density. This will involve the conversion of the duplex into a single-family home, and the residence will be held to the floor area allowed for a single family residence in the R-6 zone district. This plat amendment will be accomplished administratively through a Notice of Approval and the revision and re-recording of the plat. A link to the land use application is found here: hftp://www.aspenpitkin.com/Portals/0/docs/City/Comdev/Apps%20and°/`20Fees/2013%201and%20use%20app%20forrn pdf Land Use Code Section(s) 26.304 Common Development Review Procedures(as applicable) 26.304.035 Neighborhood Outreach 26.480 Subdivision 26.490 Approval Documents(for plat requirements) 26.710.040 Moderate Density Residential (R-6)Zone District Review by: -Staff for complete application Public Hearing: None Planning Fees: $650 Deposit for 2 hours, additional hours billed at$325 per hour. Total Deposit: $650 Total Number of Application Copies: 2 copies (1 full size copy of the plat) To apply,submit the following information: 1. Total Deposit for review of application. 2. Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. 3. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages,judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 4. Completed Land Use Application. 5. Signed fee agreement. 6. Pre-application Conference Summary. 7. An 81/2"x 11"vicinity map locating the subject parcel within the City of Aspen. 1 8. Proof of ownership. . 9. Improvement survey of existing condition. 10. Proposed subdivision plat. 10. A written description of the proposal and a written explanation of how a proposed development complies with the review standards relevant to the development application. 11. All other materials required pursuant to the specific submittal requirements. 12. Applications shall be provided in paper format(number of copies noted above) and in .pdf version on a CD. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning,which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. 2