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Home My WebLink AboutLand Use Case.128 E Main St.0038.2017.ASLU BREWSTER MCLEOD ARCHITECTS, INC. office@brewstermcleod.com – www.brewstermcleod.com 112 South Mill Street, #B Top Floor – P.O. Box 697 – Aspen, CO 81611 – T 970/544.0130 – F 970/544.9201 126 South Oak Street, Unit A – Telluride, CO 81435 – T 970/728.4300 – F 970/544.9201 MEMORANDUM Date: April 26, 2017 To: Ms. Jessica Garrow, Director City of Aspen Community Development 130 South Galena Street Aspen, CO 81611 Project: Sardy House 128 East Main Street Re: Historic Change in Use and Administrative Determination From: Jamie L. Brewster McLeod and Alan Richman Attachments:  Land Use Application Ms. Garrow— Enclosed please find the Land Use Application for the Sardy House at 128 East Main Street. Please copy both Alan Richman and myself on all correspondence pertaining to this application. Alan can be reached via email at arichman@sopris.net. I can be reached via email at jamie@brewstermcleod.com. 001 Sincerely, Jamie L. Brewster McLeod, AIA Brewster McLeod Architects, Inc. BREWSTER MCLEOD ARCHITECTS, INC. office@brewstermcleod.com – www.brewstermcleod.com 112 South Mill Street, #B Top Floor – P.O. Box 697 – Aspen, CO 81611 – T 970/544.0130 – F 970/544.9201 126 South Oak Street, Unit A – Telluride, CO 81435 – T 970/728.4300 – F 970/544.9201 MEMORANDUM Date: April 24, 2017 To: Ms. Jessica Garrow, Director City of Aspen Community Development 130 South Galena Street Aspen, CO 81611 Project: Sardy House 128 East Main Street Re: Historic Change in Use and Administrative Determination From: Jamie L. Brewster McLeod and Alan Richman Attachments:  Site Vicinity Map  Exhibit 1: Title Insurance Policy  Exhibit 2: Authorization Letter for Brewster McLeod Architects, Inc. and Alan Richman Planning Services, Inc.  Exhibit 3: Pre-Application Summary  Exhibit 4: 2003 Administrative Approval for Change in Use  Exhibit 5: Limits of Change in Use  Exhibit 6: 2006 Code Interpretation  Current Floor Plans  Exterior Photos of Building  Land Use Application  Agreement to Pay  Homeowner Association Compliance Policy Dear Jessica, This is an application for a change in use for that portion of the Sardy House property that is located south of the vacated alleyway from boardinghouse (lodge) to residential. The Sardy House is an Historic Landmark and is therefore allowed to change its use between growth management categories by right. This application also requests an Administrative Determination with regard to the boardinghouse use. The purpose of the Administrative Determination is to confirm that the way the boardinghouse operates is in conformance with the City’s Code provisions applicable to this use. The Sardy House is located at 128 East Main Street (see attached site vicinity map). The property’s Pitkin County Parcel ID# is 2735-124-38-005. The property is zoned MU (Mixed Use) with an H (Historic Overlay). The H (Historic Overlay) is in recognition of the fact that (a) this property is within the Main Street Historic District, and (b) the Sardy House is an individually-designated Historic Landmark. Page 2 of 3 Designation of the site and structure as an Historic Landmark was accomplished pursuant to Ordinance 4, Series of 1985. The Sardy House is owned by BTRSARDY LLC, A California Limited Liability Company (hereinafter, “the applicant”). Proof of the ownership of the property, together with the property’s legal description, is provided by Exhibit 1, the Title Insurance Policy. Authorization for Brewster McLeod Architects, Inc. and Alan Richman Planning Services, Inc. to submit this application on behalf of the applicant is provided in the letter attached as Exhibit 2. You provided us a Pre-Application Conference Summary (see Exhibit 3) which states that the applicant should address the following provisions of the Land Use Code: Growth Management Quota System- Historic Change in Use, pursuant to Section 26.470.090.D Administrative Determination by the Community Development Director. The applicant’s responses to the applicable provisions of the Municipal Code follow below. Change in Use The Sardy House was built in 1890 and was occupied as a residence (and at times as a funeral home) for nearly 100 years. In 1985 the Sardy House was authorized to change its use when it was granted Conditional Use approval to operate as boardinghouse. The approval also allowed an addition to be made to the rear of the residence and a new addition to be constructed on the north side of the alley. In 2003 the then owners of the Sardy House requested change in use approval to convert a portion of the Sardy House Hotel back to a residence. The City’s records indicate that the City granted administrative approval to this change in use (see Exhibit 4). However, we have been unable to find a signed version of this change in use approval or the map that was intended to be attached to the approval in either the City’s files or the documents provided to us by previous owners of the property. Therefore, the applicant is submitting this change in use request to clarify and confirm the allowed uses of the property. The attached drawing (Exhibit 5) depicts the proposed limits of the change in use. It shows that all of the structure that is located south of the alley and the connecting element would be changed in use from lodge (boardinghouse) to residential. Please note, however, that the commercial kitchen that serves the boardinghouse is located within (and will remain within) the residence. All of the structure that is located north of the alleyway would operate as a boardinghouse. Specifically, the map shows the split between the two uses occurring at the fire doors that separate the boardinghouse from the connecting element to the residential building. Sec. 26.470.090. D of the Land Use Code reads as follows: “The change in use between the development categories identified in Section 26.470.020 of a property, structure, or portion of a structure designated as an historic landmark shall be approved, approved with conditions or denied by the Community Development Director if no more than one (1) free-market residence is created. No employee mitigation shall be required. If more than one (1) free-market residence is created, the additional units shall be reviewed pursuant to Sec. 26.470.070.G. The change in amount of development and number of units shall not be added to or deducted from the respective annual allotments.” The applicant’s request complies with these provisions and should therefore be approved, since no more than one (1) free market residence would be created by this request. Administrative Determination Page 3 of 3 The applicant requests that the Community Development Director issue an administrative determination that the following is an acceptable operating plan for the boardinghouse in conformance with the City Land Use Code provisions applicable to this use. In 1985, when the conditional use approval was granted to this property, the Land Use Code defined a boardinghouse as follows: “Boardinghouse means a building or a portion thereof, other than a hotel, motel, lodge or multi-family dwelling, wherein lodging and/or meals are provided for six (6) or more persons for compensation, which compensation may include money, services or other things of value.” Although the Land Use Code no longer includes this definition, a 2006 Code Interpretation made by staff (see Exhibit 6) stated that the 1985 Code definition continues to apply to this property. The applicant will operate the boardinghouse in conformance with this definition by having a minimum of six (6) bedrooms within the boardinghouse available for lodging and/or meals for the majority of each calendar year. The 2006 Interpretation also stated that the boardinghouse units must comply with today’s definition of lodging, which prohibits any person or entity that is an owner from occupying a unit for more than thirty (30) consecutive days or more than ninety (90) days in any calendar year. The applicant will operate the boardinghouse in this manner. The applicant and its owners and affiliates are involved in several business and non-profit entities. The boardinghouse will operate as a corporate retreat for these commercial and non-profit entities. Portions, or the entirety, of the boardinghouse will be offered in exchange for compensation to non-profit and similar community-oriented entities. For example, during the 2017 World Cup Finals, the rooms in the boardinghouse were used by persons associated with the World Cup in exchange for compensation. The boardinghouse will also be occupied from time-to-time by the applicant’s professional acquaintances and their guests. Portions, or all, of the boardinghouse will be occupied by the applicant’s family and friends on a limited basis. There are three (3) staff persons involved in the operation of the boardinghouse. These include the property manager, whose job it is to handle reservations and to ensure that the property is available for lodging and or meals for the majority of each calendar year. The business also has a housekeeping employee and a maintenance employee. When the boardinghouse is occupied, there are two (2) bedrooms with a kitchen within the boardinghouse that are available for occupancy by these employees as staff housing. When the boardinghouse is occupied, breakfast is served daily in the breakfast area which is located within the residence. Room service for boardinghouse guests is also available upon request. If a group is using the boardinghouse and wants other meals to be prepared, the property manager will arrange to have a chef and other personnel on-site to prepare and serve those meals. Conclusion The enclosed materials provide the complete package needed for the City of Aspen to process this request. Please let me know if there is anything else I can provide to you. Sincerely, Jamie L. Brewster McLeod, AIA Brewster McLeod Architects, Inc. 128 East Main Street EXHIBITS  Site Vicinity Map  Exhibit 1: Title Insurance Policy  Exhibit 2: Authorization Letter for Brewster McLeod Architects, Inc. and Alan Richman Planning Services, Inc.  Exhibit 3: Pre-Application Summary  Exhibit 4: 2003 Administrative Approval for Change in Use  Exhibit 5: Limits of Change in Use  Exhibit 6: 2006 Code Interpretation  Current Floor Plans  Exterior Photos of the Building  Land Use Application  Agreement to Pay  Homeowner Association Compliance Policy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¶VUHTXLUHPHQWVWRRSHUDWHDVDERDUGLQJKRXVH7KHFXUUHQW RZQHU GHVLUHV WR PDNH LQWHUQDO FKDQJHV DQG SRWHQWLDOO\ H[WHUQDO LPSURYHPHQWV DQG KDV UHTXHVWHGDQDGGLWLRQDOGHWHUPLQDWLRQWRFODULI\WKHUHTXLUHPHQWVDQGDOORZDQFHVIRUWKHSURSHUW\ 7KHUHTXHVWIRUDGHWHUPLQDWLRQVKRXOGLQFOXGHLQIRUPDWLRQDERXWWKHSURSHUW\¶VRSHUDWLRQDVD ERDUGLQJKRXVHORGJHDV ZHOO DVWKHVWDWXVRIWKHYDULRXV XQLWV DQGNLWFKHQ IDFLOLWLHV RQWKH SURSHUW\ %HORZDUHOLQNVWRWKH/DQG8VH$SSOLFDWLRQIRUPDQGWKH2UGLQDQFHUHIHUHQFHGDERYH$IXOO ODQGXVHDSSOLFDWLRQLVQRWUHTXLUHGWKRXJKDQDJUHHPHQWWRSD\IRUPDQG+2$FRPSOLDQFH SROLF\LV 5HOHYDQW/DQG8VH&RGH6HFWLRQV 'HILQLWLRQV±%HGDQG%UHDNIDVW ' *URZWK0DQDJHPHQW4XRWD6\VWHP±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¶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¶RI/RWV),%ORFN&LW\ DQG7RZQVLWHRI$VSHQ =21,1*³2´2IILFH $33/,&$171RUWKDQG6RXWK$VSHQ//&)UDQN3HWHUV 67$))5(9,(: 6HFWLRQ'RIWKH0XQLFLSDO&RGHSURYLGHVD*046 ([HPSWLRQ E\ WKH &RPPXQLW\ 'HYHORSPHQW 'LUHFWRU IRU WKH ³&KDQJH LQ 8VH´ RI D SURSHUW\OLVWHGRQWKH$VSHQ,QYHQWRU\RI+LVWRULF/DQGPDUN6LWHVDQG6WUXFWXUHVLILW GRHVQRWLQFUHDVHWKHEXLOGLQJ¶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ardy HouseMain House South Elevation Sardy HouseMain House East Elevation Sardy HouseMain House North Elevation Sardy HouseMain House West Elevation (1) Sardy HouseMain House West Elevation (2) Sardy HouseCarriage House SouthElevation (1) Sardy HouseCarriage House SouthElevation (2) Sardy HouseCarriage House SouthElevation (3) Sardy HouseCarriage House East Elevation Sardy HouseCarriage House North Elevation Sardy HouseCarriage House West Elevation CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT March, 2016 City of Apen|130 S. Galena St.|(970) 920 5050 ATTACHMENT 2 – LAND USE APPLICATION PROJECT: Name: _______________________________________________________________________________________________ Location:_______________________________________________________________________________________________ Parcel ID # (REQUIRED) APPLICANT: Name: _______________________________________________________________________________________________ Address: _______________________________________________________________________________________________ Phone #: REPRESENTIVATIVE: Name: _________________________________________________________________________________________________ Address:________________________________________________________________________________________________ Phone#: TYPE OF APPLICATION: (Please check all that apply): EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) PROPOSAL: (Description of proposed buildings, uses, modifications, etc.) Have you attached the following? FEES DUE: $ ______________ Pre-Application Conference Summary Attachment #1, Signed Fee Agreement Response to Attachment #3, Dimensional Requirements Form Response to Attachment #4, Submittal Requirements – including Written Responses to Review Standards 3-D Model 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 scale projects should include an electronic 3-D model. Your pre-application conference summary will indicate if you must submit a 3-D model. GMQS Exemption Conceptual PUD Temporary Use GMQS Allotment Final PUD (& PUD Amendment) Special Review Subdivision Conceptual SPA ESA – 8040 Greenline, Stream Subdivision Exemption (includes Margin, Hallam Lake Bluff, Condominiumization) Mountain View Plane Final SPA (&SPA Commercial Design Review Lot Split Amendment) Residential Design Variance Lot Line Adjustment Small Lodge Conversion/ Expansion Conditional Use Other: Sardy House Change in Use and Administrative Determination 128 East Main Street, Aspen CO 81611 2735-124-38-005 BTRSardy LLC 128 E Main Street, Aspen CO 81611 970-379-1907 Brewster McLeod Architects Inc. and Alan Richman Planning Services, Inc. PO Box 697 Aspen, CO 81612 PO Box 3613, Aspen CO 81612 970-544-0130 970-920-1125 x Historic Change in Use Administrative Determination x x x 325.00 See attached Floor Plans See attached COMMUNITY DEVELOPMENT DEPARTMENT November, 2014 City of Aspen | 130 S. Galena St. | (970) 920-5090 Permit No. _______________ Homeowner Association Compliance Policy All applications for a building permit within the City of Aspen are required to include a certification of compliance with applicable covenants and homeowner association policies. The certification must be signed by the property owner or Attorney representing the property owner. The following certification shall accompany the application for a permit. Subject Property: _______________________________________________ _______________________________________________ _______________________________________________ I, the property owner, certify as follows: (pick one) □ This property is not subject to a homeowners association or other form of private covenant. □ This property is subject to a homeowners association or private covenant and the improvements proposed in this building permit do not require approval by the homeowners association or covenant beneficiary. □ This property is subject to a homeowners association or private covenant and the improvements proposed in this building permit have been approved by the homeowners association or covenant beneficiary. I understand the City of Aspen does not interpret, enforce, or manage the applicability, meaning or effect of private covenants or homeowner association rules or bylaws. I understand that this document is a public document. Owner signature: _________________________ date:___________ Owner printed name: _________________________ or, Attorney signature: _________________________ date:___________ Attorney printed name: _________________________ 128 E Main Street, Aspen CO 81611 x 3/16/2017 Craig Payne BREWSTER MCLEOD ARCHITECTS, INC. office@brewstermcleod.com – www.brewstermcleod.com 112 South Mill Street, #B Top Floor – P.O. Box 697 – Aspen, CO 81611 – T 970/544.0130 – F 970/544.9201 126 South Oak Street, Unit A – Telluride, CO 81435 – T 970/728.4300 – F 970/544.9201 MEMORANDUM Date: May 3, 2017 To: Ms. Jessica Garrow, Director Hillary Seminick, Planner City of Aspen Community Development 130 South Galena Street Aspen, CO 81611 Project: Sardy House 128 East Main Street Re: Lodge Audit Information for Sardy Boardinghouse From: Jamie L. Brewster McLeod Attachments:  Sec. 26.575.210 Lodge occupancy auditing  April 27, 2017 Land Use Application Determination of Completeness Dear Jessica and Hillary, We have received your memo that our Land Use Application submitted on 4/25/2017 was incomplete, missing the Lodge Audit Information meeting the requirements of Sec. 26.575.210. Operating Characteristics  Number of Rooms: There are nine (9) bedrooms with associated bathrooms and one (1) bedroom suite with an associated bathroom, kitchen, and living area  Meals: o When the boardinghouse is occupied, breakfast is served daily in the breakfast area which is located within the residence o Room service for boardinghouse guests is also available upon request o If a group is using the boardinghouse and wants other meals to be prepared, the property manager will arrange to have a chef and other personnel on-site to prepare and serve those meals  Onsite amenities: o Exterior pool/spa & patio area o Spa area for massages only (Permit pending for remodel of this area) o Shuttle Service o Six (6) Onsite parking spaces o Ski storage Page 2 of 2  Staff: There are three (3) staff persons involved in the operation of the boardinghouse o Property manager, whose job it is to handle reservations and to ensure that the property is available for lodging and or meals for the majority of each calendar year o Housekeeping o Maintenance employee Marketing and Rates  Short term occupancies are not marketed through traditional channels  There is no published rate schedule. Rates vary and are determined on a case-by-case basis. Rental History  Property purchased by BTRSardy LLC on April 26, 2016  Boardinghouse units were available May – August 2016; no use or requests to use  Boardinghouse closed for maintenance on mechanical systems and replacement of boilers September – November 2016  Boardinghouse units available December 2016 – March 2017; o March 14 – 17, 2017, three (3) night use by persons associated with the World Cup  Four (4) people  Rooms 1, 2, 3, 6  Compensation was other things of value  Boardinghouse closed for plumbing issues April – May 2017  Anticipated closure for remodel of boardinghouse February 2018 - TBD In summation, the boardinghouse requires extensive mechanical and plumbing work which has limited its availability. The repairs are ongoing and may limit the availability throughout 2017 and into 2018. The new owners are only one (1) year into ownership of the boardinghouse and are still formulating an operating plan and would be willing to discuss reasonable conditions for how it should operate going forward to be consistent with the boardinghouse use. Sincerely, Jamie L. Brewster McLeod, AIA Brewster McLeod Architects, Inc. Sec. 26.575.210 Lodge occupancy auditing The Community Development Director shall be authorized to require periodic operational audits of lodge developments to ensure compliance with the Land Use Code and requirements for lodge operations. This audit may include, but is not limited to, an occupancy report of the lodge and individual units therein; rate schedules; the manner in which short-term occupancies are marketed and managed; physical aspects of the operation, such as the number of units and pillows in the lodge, the number of affordable housing units provided on site, other units and amenities on site and the number of parking spaces provided on site; the dimensional characteristics of the lodge; and any additional conditions of approval. The Community Development Director may request that information be provided in a specific time frame, and may request a site inspection as part of the audit. Property owners may request that certain information, such as marketing strategies or rate schedules, be held in confidence by the City. (Ord. No. 12, 2007, §37)