HomeMy WebLinkAboutLand Use Case.533 E Hopkins Ave.0013.2005.ASLU
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City of Aspen Community Development Dept.
CASE NUMBER
0013.2005.ASLU
PARCEL 10 NUMBER 2737-07-3-31-004
PROJECT ADDRESS 530 E HOPKINS AVE
PLANNER
JAMES
LINDT
CASE DESCRIPTION ESA-VIEW PLANE REVIEW
REPRESENTATIVE HAAS LAND PLANNING 925-7819
DATE OF FINAL ACTION 4/29/2005
CLOSED BY Denise Driscoll
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DEVELOPMENT ORDER
of the
City of Aspen
Community Development Department
This Development Order, hereinafter "Order", is hereby issued pursuant to Section
26.304.070, "Development Orders", and Section 26.308.0]0, "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-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 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 26.308.0 I O. 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.
Austin Lawrence Partners, LLC C/o Mitch Haas, 20 IN. Mill St. # I 08, Aspen, CO 81611
Property Owner's Name, Mailing Address and telephone number
East 7.6' of Lot P and Lots O-R, Block 93, Citv and Townsite of Aspen
Legal Description and Street Address of Subject Property
Mountain View Plane Review Exemption- Construction of 2 Single-Familv Residences at 530
and 532 E. Hopkins Avenue
Written Description of the Site Specific Plan and/or Attachment Describing Plan
Planning and Zoning Commission Resolution No. 14, Series of 2005. 4/19/05
Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions)
Mav 7, 2005
Effective Date of Development Order (Same as date of publication of notice of approval.)
Mav 8, 2008
Expiration Date of Development Order (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 7th day of
Development Director.
by the City of Aspen Community
Chris Bendon, Community Development Director
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PUBLIC NOTICE
Of
DEVELOPMENT APPROVAL
Notice is hereby given to the general public of the approval ofa 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: East 7.6' of Lot P and Lots Q-R, Block 93, City and Townsite of
Aspen, by resolution of the Planning and Zoning Commission numbered 14, Series of
2005 on April 19,2005. The Applicant received approval of a Mountain View Plane
Review Exemption to construct a single-family residence on each of the two westernmost
Connor Cabin sites at 530 and 532 E. Hopkins Avenue. For further information contact
Chris Bendon, at the City of Aspen Community Development Dept. 130 S. Galena St,
Aspen, Colorado (970) 920-5090.
s/ City of Aspen
Publish in The Aspen Times on May 7, 2005
RESOLUTION NO. 14
(SERIES OF 2005)
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A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING
COMMISSION APPROVING AN EXEMPTION FROM MOUNTAIN VIEW
PLANE REVIEW TO CONSTRUCT THIRTY-ONEJ'pOT TALL ADDITIONS TO
EACH OF THE TWO (2) WESTERNMOST CONN~R CABIN SITES, LOCATED
AT 530 AND 532 E. HOPKINS AVENUE, EAST 7'6" OF LOT P, AND ALL OF
LOTS Q AND R, BLOCK 93, CITY AND TOWNSITE OF ASPEN, PITKIN
COUNTY, COLORADO.
Parcel In: 2737-073-31-003
Parcel In: 2737-073-31-004
WHEREAS, the Community Development Department received an application
from Austin Lawrence Partners, LLC, represented by Haas Land Planning, LLC.
requesting approval of an exemption from the Mountain View Plane Review to construct
a thirty-one (31) foot tall addition on each of the two (2) westernmost Connor Cabin sites
located at 530 and 532 E. Hopkins Avenue; and;
WHEREAS, the Historic Preservation Commission granted Conceptual HPC
approval for the proposed development pursuant to Resolution No.7, Series of 2005; and,
WHEREAS, the Planning and Zoning Commission shall by resolution approve,
approve with conditions, or disapprove a development application for an exemption from
the Mountain View Plane Review, after considering a recommendation by the
Community Development Department pursuant to Land Use Code Section 26.435.050,
Mountain View Plane Review; and,
WHEREAS, the Community Development Department reviewed the exemption
from the Mountain View Plane Review and recommended approval; and,
WHEREAS, during a duly noticed public hearing on April 12, 2005, the
Planning and Zoning Commission denied a motion to approve the view plane review
exemption by a five to two (5 negative-2 affirmative) vote, and then unanimously voted
to reconsider the request and to continue the public hearing to April 19, 2005 ; and,
WHEREAS, during a continued public hearing on April 19, 2005, the Planning
and Zoning Commission, by a four to two (4-2) vote, approved the proposed exemption
trom the Court House View Plane Review to construct a thirty-one (31) foot tall addition
to each of the two (2) westernmost Connor Cabin sites located at 530 and 532 E. Hopkins
Avenue; and,
WHEREAS, the Aspen Planning and Zoning Commission has reviewed and
considered the development proposal under the applicable provisions of the Municipal Code
as identified herein, has reviewed and considered the recommendation of the Community
Development Director; and,
WHEREAS, the Aspen Planning and Zoning Commission finds that the
development proposal meets or exceeds all applicable development standards and that the
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approval of the development proposal, with conditions, is consistent with the goals and
elements of the Aspen Area Community Plan; and,
WHEREAS, the Aspen Planning and Zoning Commission fmds that this Resolution
furthers and is necessary for the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN
PLANNING AND ZONING COMMISSION as follows:
Section 1
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code,
the Planning and Zoning Commission hereby approves an exemption from Mountain
View Plane Review for the construction of thirty-one (31) foot tall additions to each of
the two (2) westernmost Connor Cabin sites located at 530 and 532 E. Hopkins Avenue,
on the eastern 7'6" of Lot P, and all of Lots Q and R, Block 93, City and Townsite of
Aspen.
Section 2:
All material representations and commitments made by the applicant pursuant to the
development proposal approvals as herein awarded, whether in public hearing or
documentation presented before the Planning and Zoning Commission are hereby
incorporated in such plan development approvals and the same shall be complied with as if
fully set forth herein, unless amended by an authorized entity.
Section 3:
This Resolution shall not effect 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 conducted and concluded under such
prior ordinances.
Section 4:
If any section, subsection, sentence, clause, phrase, or portion of this Resolution 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.
Approved by the Commission at its regular meeting on April 19, 2005.
APPROVED AS TO FORM:
PLANNING AND ZONING COMMISSION:
City Attorney
Jasmine Tygre, Chair
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ATTEST:
Jackie Lothian, Deputy City Clerk
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MEMORANDUM
TO: Aspen Planning and Zoning Commission
THRU: Joyce Allgaier, Community Development Deputy Director
FROM: James Lindt, Planner:(v
RE: 530 and 532 E. Hopkins Court House View Plane Exemption
Review- Continued Public Hearing
DATE: April 19, 2005
ApPLICANT:
Austin Lawrence Partners, LLC
REPRESENTATIVE:
Mitch Haas, Haas Land Planning, LLC
Michael N oda, Oz Architecture
LOCATION:
530 and 532 E. Hopkins Ave.
ZONING:
Commercial Core (CC) & Historic
District Overlay
CURRENT LAND USE:
Vacant Single-Family Residences
PROPOSED LAND USE:
Mixed Use Development consisting of
office and single-family residential uses.
PREVIOUS ApPROVALS:
The Historic Preservation Commission
granted Conceptual HPC approval for
the proposed development.
SUMMARY:
The Applicant is proposing to demolish
the non-historic additions on northern
portion of the Connor Cabins and
replace them with thirty-one (31) foot
tall additions to the sites.
Cabin Sites Subject to
View Plane Exemption
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REVIEW PROCEDURE
The Applicant requests an exemption from
the Court House View Plane Review to
construct the proposed additions to the
Connor Cabin sites because the two (2)
westernmost cabins sit on parcels located
within the two (2) designated Court House
View Planes as are set forth in Land Use
Code Section 26.435.050, Mountain View
Plane Review.
The Planning and Zoning Commission shall
approve, approve with conditions, or deny
the requested view plane exemption request.
If the Commission does not believe that the
proposal satisfies the criterion for exempting
it from the full view plane review, the
Commission may require the application to
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That being stated, Staff feels that there was some confusion at the last meeting as to
whether the Commission has the ability to approve a mountain view plane exemption
for a project that does encroach into the view plane where there is not currently an
existing building obstruction that spans through the entire viewing area described by the
view plane coordinates as is the case in this situation. In this situation, Saint Mary's
Church and the Aspen Plaza Bui]ding do span through the majority of the two (2)
designated view planes where the proposed buildings are to be constructed, but there
are pockets where these existing buildings do not complete]y block the entire breadth of
the designated view planes that would be taken up by the proposed buildings. In an
effort to clear up some of this confusion, Staff has attached the entire mountain view
plane code section as Exhibit "A" and offers the following discussion.
In the mountain view plane code section, there is additional language that states that the
Planning and Zoning Commission mav exempt a development from going through the
PUD process even if it infringes upon a designated view plane if it is determined that
"the view plane does not so effect the parcel as to require application of PUD or that
the effects of the view plane mav be otherwise accommodated". Staff believes that the
above-language in combination with the mountain view plane review purpose statement
gives the Commission the discretion to approve the minor infringements on the
designated view planes in areas of the view planes that are not of significant quality and
aesthetic value.
Therefore, Staff feels that the portions of the proposed buildings that will infringe upon
the designated view planes that are not already completely blocked out by existing
buildings are not infringing upon portions of the designated view plane that are of
significant quality and aesthetic value. Staff is of the opinion that the portions of the
view plane that will be further infringed upon are portions of the view plane that do not
focus on Aspen Mountain and instead focus on a stand of trees to the east of Aspen
Mountain base area as careful inspection of the photographs show (please see photo
below for identification of subject view area). The development has strived to limit
infringements by keeping the height and floor area well below what is allowed.
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RESOLUTION NO. 14
(SERIES OF 2005)
A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING
COMMISSION APPROVING AN EXEMPTION FROM MOUNTAIN VIEW
PLANE REVIEW TO CONSTRUCT THIRTY-ONE FOOT TALL ADDITIONS TO
EACH OF THE TWO (2) WESTERNMOST CONNOR CABIN SITES, LOCATED
AT 530 AND 532 E. HOPKINS A VENUE, EAST 7'6" OF LOT P, AND ALL OF
LOTS Q AND R, BLOCK 93, CITY AND TOWNSITE OF ASPEN, PITKIN
COUNTY, COLORADO.
Parcel ID: 2737-073-31-003
Parcel ID: 2737-073-31-004
WHEREAS, the Community Development Department received an application
from Austin Lawrence Partners, LLC, represented by Haas Land Planning, LLC.
requesting approval of an exemption from the Mountain View Plane Review to construct
a thirty-one (3]) foot tall addition on each of the two (2) westernmost Connor Cabin sites
located at 530 and 532 E. Hopkins Avenue; and;
WHEREAS, the Historic Preservation Commission granted Conceptual HPC
approval for the proposed development pursuant to Resolution No.7, Series of2005; and,
WHEREAS, the Planning and Zoning Commission shall by resolution approve,
approve with conditions, or disapprove a development application for an exemption from
the Mountain View Plane Review, after considering a recommendation by the
Community Development Department pursuant to Land Use Code Section 26.435.050,
Mountain View Plane Review; and,
WHEREAS, the Community Development Department reviewed the exemption
from the Mountain View Plane Review and recommended approval; and,
WHEREAS, during a duly noticed public hearing on April 12, 2005, the
Planning and Zoning Commission denied a motion to approve the view plane review
exemption by a five to two (5 negative-2 affirmative) vote, and then unanimously voted
to reconsider the request and to continue the public hearing to April 19, 2005; and,
WHEREAS, during a continued public hearing on April 19, 2005, the Planning
and Zoning Commission, by a _ to _ L--.J vote, approved the proposed
exemption from the Court House View Plane Review to construct a thirty-one (31) foot
tall addition to each of the two (2) westernmost Connor Cabin sites located at 530 and
532 E. Hopkins Avenue; and,
WHEREAS, the Aspen Planning and Zoning Commission has reviewed and
considered the development proposallmder the applicable provisions of the Municipal Code
as identified herein, has reviewed and considered the recommendation of the Community
Development Director; and,
WHEREAS, the Aspen Planning and Zoning Conunission finds that the
development proposal meets or exceeds all applicable development standards and that the
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ATTEST:
Jackie Lothian, Deputy City Clerk
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and mass have a significant effect upon the designated view plane shall be reviewed
pursuant to the standards of Section 26. 435. 050(C).
C. Mountain view plane review standards. No development shall be permitted within
a mountain view lane unless the Planning and Zoning Commission makes a
determination that the proposed development complies with all requirements set forth
below.
1. No mountain view plane is infringed upon, except as provided in Section
26.435.050 (C)(2).
When any mountain view plane projects at such an angle so as to reduce the
maximum allowable building height otherwise provided for in this title, development
shall proceed according to the provisions of Chapter 26.445 as a planned unit
development, so as to provide for maximum flexibility in building design with special
consideration to bulk and height, open space and pedestrian space, and similarly to
permit variations in lot area, lot width, yard and building height requirements, view
plane height limitations.
The Planning and Zoning Commission may exempt any developer from the above
enumerated requirements whenever it is determined that the view plane does not so effect
the parcel as to require application of PUD or that the effects of the view plane may be
otherwise accommodated.
When any proposed development infringes upon a designated view plane, but is
located in front of another development which already blocks the same view plane, the
Planning and Zoning Commission shall consider whether or not the proposed
development will further infringe upon the view plane, and the likelihood that
redevelopment of the adjacent structure will occur to re-open the view plane. In the event
the proposed development does not further infringe upon the view plane, and re-
redevelopment to re-open the view plane cannot be anticipated, the Planning and Zoning
Commission shall approve the development.
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MEMORANDUM v' ofe iCJ I n
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530 and 532 E. Hopkins Court House View Plane Exemption ~ INfOV'tl...l ~
Review- Public Hearing ~ ~I ilL-
April ] 2, 2005
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TO:
Aspen Planning and Zoning Commission
~AA .
Joyce Allgaier, Community Development Deputy Director
THRU:
FROM:
James Lindt, Planner
RE:
DATE:
ApPLICANT:
Austin Lawrence Partners, LLC
REPRESENTATIVE:
Mitch Haas, Haas Land Planning, LLC
Michael Noda, Oz Architecture
LOCATION:
530 and 532 E. Hopkins Ave.
ZONING:
Commercial Core (CC) & Historic
District Overlay
CURRENT LAND USE:
Vacant Single-Family Residences
PROPOSED LAND USE:
Mixed Use Development consisting of
office and single-family residential uses.
PREVIOUS ApPROVALS:
The Historic Preservation Commission
granted Conceptual HPC approval for
the proposed development.
SUMMARY:
The Applicant is proposing to demolish
the non-historic additions on northern
portion of the Connor Cabins and
replace them with thirty-one (31) foot
tall additions to the sites.
Cabin Sites Subject to
View Plane Exemption
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REVIEW PROCEDURE
The Applicant requires an exemption from
the Court House View Plane Review to
construct the proposed additions to the
Connor Cabin sites because the two (2)
westernmost cabins sit on parcels located
within the two (2) designated Court House
View Planes as are set forth in Land Use
Code Section 26.435.050, Mountain View
Plane Review.
The Planning and Zoning Commission
shall approve, approve with conditions, or
deny the requested view plane exemption
request. ]f the Commission does not
believe that the proposal satisfies the
criteria for exempting it from the full view
plane review, the Commission may require
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the application to go through the PUD review process as is described in Land Use Code
Section 26.435.050(C), Mountain view plane review standards.
STAFF COMMENTS:
Austin Lawrence Partners, LLC, ("Applicant"), is requesting approval of a Mountain
View Plane Review Exemption to construct thirty-one (31) foot tall additions to each
of the Connor Cabin sites. The parcels of land on which the two (2) westernmost
cabins are located, exist within the two (2) designated Court House View Planes and
the easternmost cabin lays outside of both of the designated view planes. The
Planning and Zoning Commission may exempt the proposed additions to the
westernmost cabin sites from the view plane review if it is found that the proposed
development will not further infringe upon the designated view planes. ]n
considering whether to grant an exemption from the view plane review, the Planning
and Zoning Commission shall also consider the likelihood that structures already
obstructing the view planes will be redeveloped to re-open the designated view
planes.
In reviewing the request for exemption, Staff agrees with the Applicant's assertion
that there are already other structures and significant trees along Main Street within
the two (2) designated view planes that obstruct the view planes where the proposed
development is to be built. Staff believes that Saint Mary's Church substantially
blocks much of the development proposed on the center of the Connor Cabin
properties as is illustrated in the photo below.
Aspen Plaza Building
*Please see "View 2" in application for a large scale photo.
On the westernmost of the three properties, Staff feels that the Court House view
planes are already obstructed by the Aspen Plaza building that is located on the
southwest corner of Hunter Street and E. Hopkins Avenue. The Aspen Plaza
building is three stories in height and is a structure that has no significant openings
from which to view the mountain through. Staff is further of the opinion that Saint
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Mary's Church and the Aspen Plaza building will likely not be redeveloped in a
manner that will reopen the designated view planes. The Church is designated on the
Aspen Inventory of Historic Sites and Structures and protected against demolition.
As the application pointed out, the Aspen Plaza building was constructed relatively
recently and will likely not be demolished any time soon. Therefore, Staff finds the
review standards to grant an exemption from the view plane review to be met.
RECOMMENDATION:
Staff recommends that the Planning and Zoning Commission approve an
exemption from the Mountain View Plane Review for the proposed additions to
the Connor Cabin sites, finding that the two (2) Court House View Planes are
already obstructed by the existing Saint Mary's Church and the Aspen Plaza
building, and that the view planes are not likely to be reopened by redevelopment
in the near future.
RECOMMENDED MOTION: (ALL MOTIONS SHALL BE MADE IN THE AFFIRMATIVE)
"I move to approve a Mountain View Plane exemption from the two (2) designated
Court House View Planes to allow for the construction of a thirty-one foot tall addition
to each of the two (2) westernmost Connor Cabin properties located at 530 and 532 E.
Hopkins Avenue, on the east 7' 6"ofLot P, and all of Lots Q and R, Block 93, City and
Townsite of Aspen."
ATTACHMENTS:
Exhibit A -- Review Criteria and Staff Findings
Exhibit B -- Application
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RESOLUTION NO. 11
(SERIES OF 2005)
A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING
COMMISSION APPROVING AN EXEMPTION FROM MOUNTAIN VIEW
PLANE REVIEW TO CONSTRUCT THIRTY-ONE FOOT TALL ADDITIONS TO
EACH OF THE TWO (2) WESTERNMOST CONNOR CABIN SITES, LOCATED
AT 530 AND 532 E. HOPKINS AVENUE, EAST 7'6" OF LOT P, AND ALL OF
LOTS Q AND R, BLOCK 93, CITY AND TOWNSITE OF ASPEN, PITKIN
COUNTY, COLORADO.
Parcel 10: 2737-073-31-003
Parcel 10: 2737-073-31-004
WHEREAS, the Community Development Department received an application
from Austin Lawrence Partners, LLC, represented by Haas Land Planning, LLC.
requesting approval of an exemption from the Mountain View Plane Review to construct
a thirty-one (31) foot tall addition on each of the two (2) westernmost Connor Cabin sites
located at 530 and 532 E. Hopkins Avenue; and;
WHEREAS, the Historic Preservation Commission granted Conceptual HPC
approval for the proposed development pursuant to Resolution No.7, Series of2005; and,
WHEREAS, the Planning and Zoning Commission shall by resolution approve,
approve with conditions, or disapprove a development application for an exemption from
the Mountain View Plane Review, after considering a recommendation by the
Community Development Department pursuant to Land Use Code Section 26.435.050,
Mountain View Plane Review; and,
WHEREAS, the Community Development Department reviewed the exemption
from the Mountain View Plane Review and recommended approval; and,
WHEREAS, during a duly noticed public hearing on April ]2, 2005, the
Planning and Zoning Commission, by a ~ to ~ L-_) vote, approved the
proposed exemption from the Court House View Plane Review to construct a thirty-one
(31) foot tall addition to each of the two (2) westernmost Connor Cabin sites located at
530 and 532 E. Hopkins Avenue; and,
WHEREAS, the Aspen Planning and Zoning Commission has reviewed and
considered the development proposal under the applicable provisions of the Municipal Code
as identified herein, has reviewed and considered the recommendation of the Community
Development Director; and,
WHEREAS, the Aspen Planning and Zoning Commission finds that the
development proposal meets or exceeds all applicable development standards and that the
approval of the development proposal, with conditions, is consistent with the goals and
elements of the Aspen Area Community Plan; and,
WHEREAS, the Aspen Planning and Zoning Commission finds that this Resolution
furthers and is necessary for the promotion of public health, safety, and welfare.
,
...-,
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN
PLANNING AND ZONING COMMISSION as follows:
Section 1
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code,
the Planning and Zoning Commission hereby approves an exemption from Mountain
View Plane Review for the construction of thirty-one (31) foot tall additions to each of
the two (2) westernmost Connor Cabin sites located at 530 and 532 E. Hopkins Avenue,
on the eastern 7'6" of Lot P, and all of Lots Q and R, Block 93, City and Townsite of
Aspen.
Section 2:
All material representations and commitments made by the applicant pursuant to the
development proposal approvals as herein awarded, whether in public hearing or
documentation presented before the Planning and Zoning Commission are hereby
incorporated in such plan development approvals and the same shall be complied with as if
tlllly set forth herein, unless amended by an authorized entity.
Section 3:
This Resolution shall not effect 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 conducted and concluded under such
prior ordinances.
Section 4:
If any section, subsection, sentence, clause, phrase, or portion of this Resolution 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.
Approved by the Commission at its regular meeting on Apri] 12,2005.
APPROVED AS TO FORM:
PLANNING AND ZONING COMMISSION:
City Attorney
Jasmine Tygre, Chair
ATTEST:
Jackie Lothian, Deputy City Clerk
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EXHIBIT A
MOUNTAIN VIEW PLANE EXEMPTION REVIEW
REVIEW CRITERIA & STAFF FINDINGS
The following section provides land use code language regarding a proposal for
development within the designated Court House View Planes.
1. No mountain view plane is infringed upon, except a.1' provided in Section 26.435-
050 (C)(2).
When any proposed development inji-inges upon a designated view plane. but is
located in fi'ont ol another development which already blocks the same view
plane. the Planning and Zoning Commission shall consider whether or not the
proposed development will further inlringe upon the view plane, and the
likelihood that redevelopment ol the adjacent structure will occur to re-open the
view plane. In the event the proposed development does not further infringe upon
the view plane. and re-redevelopment to re-open the view plane cannot be
anticipated. the Planning and Zoning Commission shall approve the development.
Staff Findings:
Staff believes that several other structures already significantly obstruct the designated
view planes in which the development is proposed. Staff feels that the Saint Mary's
Church Rectory already blocks the majority of the development from being viewed from
the Court House and the Aspen Plaza building that is located to the south of the proposed
development also obstructs the view of Aspen Mountain from the Court House.
Moreover, StatT is also of the opinion that the Saint Mary's Rectory and the Aspen Plaza
building will not be redeveloped in a manner that will reopen the view plane where the
Connor Cabins development is proposed. Staff finds the review standards for granting an
exemption from the Mountain View Plane Review to be satisfied by the proposal.
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HAAS LAND PLANNINcr. LLC
February 25, 2005
Mrs. Amy Guthrie, Historic Preservation Planner
Mr, James Lindt, Planner
130 South Galena Street
Aspen, CO 81611
RE: 530,532 & 534 East Hopkins Avenue (Conner Cabins) Mountain View
Plane Exemption Application
Dear Amy and James:
Please consider this letter and the accompanying photo simulations and
plan sets to constitute an application for exemption from the Court House View
Plane pursuant to Section 26.435.050(C) of the Land Use Code (the "Code").
Background
In general, the proposed development involves temporary, on-site
relocation of all three structures to allow excavation of new basements and
foundations before placing the structures approximately one foot from the front
lot lines. After being put back on their on their new foundations, all three
structures will be completely restored, Along with the historic restoration of
each structure, the non-historic alley structures will be demolished to allow for
construction of new residences.
The Historic Preservation Commission (the "HPC") reviewed an
application for Conceptual Major Development, On-Site Relocations, and
Demolition approvals for the subject sites. The HPC considered the application
in two work sessions and two formal public hearings before granting an
approval on February 23, 2005. During the HPC's "commissioner comments"
session before the unanimous (6-0) vote for approval, the applicant was
commended and the project repeatedly complimented with such statements as,
"outstanding project and process," "great project," "100% compliance with the
[HPC Design] Guidelines," "spectacular job and project," "exceptional,"
"substantial and excellent contribution to the block, neighborhood and
. 201 N. MILL STREET. SUITE 108. ASPEN. COLORADO. 81611
. PHONE: (970) 925-7819 . FAX' (970) 925-7395 .
"""
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downtown," and "exceptional preservation effort." To the point of this
particular application, the HPC made a formal recommendation that the
Planning and Zoning Commission (the P&Z) approve the Mountain View Plane
Exemptions requested herein.
As explained in the application approved by the HPC, the applicant
determined in consultation with the Community Development Director (CDD) that,
while the proposal is under the pre-Ordinance 28a CC zoning, the adoption of
Ordinance 28a can benefit the applicant in much the same way as allowed under
vested rights doctrine. In simple terms, this means that while the application is
protected from the newly adopted CC zoning provisions that could adversely affect
the proposal, it can still benefit from those newly adopted provisions that help to
accommodate the proposal. As a result, the effective dimensional requirements are
a mix of pre- and post-Ordinance 28a CC zoning, as detailed below:
1. Minimum lot size (square feet): Three thousand (3,000),
2, Minimum lot area per dwelling unit (square feet) I: No requirement.
3. Minimum lot width (feet): No requirement.
4. Minimum front yard setback (feet): No requirement.
5. Minimum side yard setback (feet): No requirement.
6. Minimum rear yard setback (feet)l: No requirement except trash/utility service area
shall be required abutting alley, pursuant to Section 26.575.060,
7, Maximum height (feet)l: 46 feet for areas setback 15 or more feet from lot lines
adjoining a Street right-of-way; 42 feet for all other areas of the property.
8. Minimum distance between buildings on the lot (feet) I: No requirement.
9. Pedestrian Amenity Spacel: Pursuant to Section 26.575.0302.
10. Floor Area Ratio (FAR)I: The following FAR schedule applies to uses cumu]atively
up to a maximum FAR of3:1.
a. Commercial uses: 1.5: 1, which may be increased to 2: 1 if affordable housing
equal to 60% of the additional commercial floor area is developed on the same
parcel. Existing (prior to development) commercial FAR may be replaced,
subject to acknowledgement by the City Zoning Officer prior to demolition.
b. Lodging, Arts Cultural and Civic Uses, Public Uses, Recreational Uses, Academic
Uses, child care center, and similar uses: 3:1.
c. Affordable Multi-Family Housing: No limitation.
d. Free-Market Multi-Family Housing: 1: 1. Free-Market residential FAR shall be
accompanied by affordable housing development or mitigation pursuant to the
requirements of Section 26.470.040.BA. Existing (prior to redevelopment) free-
market residential FAR may be replaced, subject to acknowledgement by the City
Zoning Officer prior to demolition, with no commensurate affordable housing
requirement. Requirements of the Multi-Family Housing Replacement Program,
Section 26.530, may apply.
Notes: 1: This note indicates use of a dimensional requirement effective since the
adoption of Ordinance No. 28a, Series of2004. Where no such note is
CONNER CABINS VIEW PLANE EXEMPTION ApPLICATION
PAGE 2
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provided, the applicable dimensional requirement either existed pre-Ordinance
28a or was not changed by adoption of Ordinance 28a.
2: Section 26.575.030 defines "Open Space" but does not specifY any amount
necessary to comply with the zoning provisions, As such, no actual amount of
pedestrian amenity space or open space is required.
Of particular relevance to the current request for Mountain View Plane
Exemption is the maximum height limitation. The zoning provides a maximum
building height of forty-six (46) feet for portions of the property set more than
fifteen (15) feet back from a property line adjoining a Street right-of-way. The
proposed development does not exceed a measured height of thirty-one (31) feet.
Therefore, the tallest portions of the proposed development are some fifteen (15)
feet below and utilize only 67% or so of the allowable height provided by zoning.
Mountain View Plane
Section 26.435.010(C) of the Code provides that development within
designated mountain view planes is subject to heightened review so as to protect
certain mountain views from obstruction, strengthen the environmental and
aesthetic character of the City, maintain property values, and enhance the City's
tourist industry by maintaining the City's heritage as a mountain community. In
relevant part, there are two established and regulated view planes originating
from roughly six feet above grade on the sidewalks located: 1) approximately in
front of the Pitkin County Courthouse steps; and, 2) approximately at the
location of the flag pole in front of the Roaring Fork Viet-Nam Veterans
Memorial between the courthouse and the County Annex building. No
buildings or land uses are allowed to project above the established view planes
unless an exemption is granted by the Planning and Zoning Commission.
The accompanying Improvement Survey illustrates the breadth of the
regulated view planes as they cross the subject property and provides that view
plane reference point one (from in from of the Courthouse steps) is the more
restrictive of the two. The Improvement Survey also shows the affects of the
view planes' ascending height limitation as they project southward across the
sites. The view plane height limit at the northwest corner of the 530 East
Hopkins property is 20.11 feet; where the view plane intersects the Lot Q
property line along the alley, the height limit is 20.39 feet; the view plane height
limit at the southwest corner of the 530 East Hopkins property is 25.15 feet; and,
the view plane height limit at the southeast corner of the 530 property and the
southwest corner of the 532 East Hopkins property is 24.8 feet.
CONNER CABINS VIEW PLANE EXEMPTION ApPLICATION
PAGE 3
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While Lots Q and R (the 530 and 532 East Hopkins properties,
respectively) are affected by the view planes, the proposed development of Lot S
remains unaffected. That is, the only structure on the portion of Lot S affected by
the view planes is the one-story historic cottage that does not reach the height of
the view plane. Accordingly, the applicant has provided responses to the
standards of Section 26.435,050(C) below, as applicable to the proposed
development of Lots Q and R. Said section of the Code states that, "No
development shall be permitted within a mountain view plane unless the Planning and
Zoning Commission makes a determination that the proposed development complies with
all of the requirements set forth below."
1. No mountain view plane is infringed upon, except as provided in Section
26.435.050(C)(2). [Note: no such Section exists in the Code; presumably, the
citation is meant to refer to second and third paragraphs below.]
When any mountain view plane projects at such an angle so as to reduce the
maximum allowable building height otherwise provided for in this title,
development shall proceed according to the provisions of Chapter 26.445 as a
planned unit development, so as to provide for maximum flexibility in building
design with special consideration to bulk and height, open space and pedestrian
space, and similarly to permit variations in lot area, lot width, yard and building
height requirements, view plane height limitations.
The Planning and Zoning Commission may exempt any developer from the above
enumerated requirements whenever it is determined that the view plane does not
so effect the parcel as to require application of PUD or that the effects of the
view plane may be otherwise accommodated.
When any proposed development infringes upon a designated view plane, but is
located in front of another development which already blocks the same view
plane, the Planning and Zoning Commission shall consider whether or not the
proposed development will further infringe upon the view plane, and the
likelihood that redevelopment of the adjacent structure will occur to re-open the
view plane. In the event the proposed development does not further infringe
upon the view plane, and redevelopment to re-open the view plane cannot be
anticipated, the Planning and Zoning Commission shall approve the
development.
Based on the foregoing Code language, the view planes only have the
effect of reducing the height limit of the underlying zone district if the Planning
and Zoning Commission (the "P&Z") will not approve an exemption from the
view plane height limit (in such cases, a height limit variance is necessary and
only attainable through the PUD review process). The Code language provides
that P&Z approval of an exemption from the view plane height limitation shall be
granted when another development already blocks the same view plane; in
CONNER CABINS VIEW PLANE EXEMPTION ApPLICATION
PAGE 4
"......
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making such a determination, the P&Z is to consider two things: 1) whether or
not the proposed development will further infringe upon the view plane(s) than
does an existing development; and, 2) the likelihood of the already infringing
structure(s) being, first, redeveloped and, second, redeveloped in a manner that
would re-open the designated view plane(s). If the proposed development does
not further infringe on the view plane(s), and redevelopment of the existing
structure(s) infringing on the view plane cannot be anticipated, the proposed
development is to be exempted from the view planes' height limitation.
When P&Z approves an exemption from a designated view plane(s), the
effective height limit, by default, is that of the underlying zone district. Further,
when a proposed development warrants an exemption from the view plane but
complies with the height limit of the underlying zone district (and, for that
matter, all other applicable dimensional requirements), there remains no need for
PUD review. This is especially true of a development involving a historic
landmark property within a historic district, for such a development is already
subject to HPC review and approval, which entails a heightened level of scrutiny
(i.e., "special consideration") with regard to mass, scale, bulk, site planning and
design, affects on streetscape and pedestrian experiences, and neighborhood
compatibility .
As provided in the discussion relative to Commercial Core dimensional
requirements (above), the proposed development will not require a variance
from any applicable dimensional requirement should the P&Z grant a view
plane exemption. The proposed structures have a maximum measured building
height of thirty-one (31) feet and reside in areas where the height limit of the CC
zone district is forty-six (46) feet. In other words, the tallest portions of the
proposed structures on Lots Q and R are some fifteen (15) feet below and only
utilize approximately 67% of the allowable height provided by zoning. Further,
the proposal involves development of approximately one-half (1/2) the allowable
floor area on each lot.
Given the "Purpose" of the City's Planned Unit Development (PUD)
regulations, as stated in Section 26.445.010 of the Code, there would be nothing
to gain by requiring the proposed development to proceed according to the
provisions of Chapter 26.445 as a PUD. That is, the HPC review process is
designed to encourage flexibility and innovation in the development of land,
while also requiring compatibility with historic resources, by providing for
incentives and benefits associated with historic preservation efforts.
Furthermore, as demonstrated below, the proposed development already
promotes the Purpose of PUD designation; the proposed development:
CONNER CABINS VrEW PLANE EXEMPTION ApPLICATION
PAGE 5
."'''.'
,....
A. Promotes the purposes, goals, and objectives of the Aspen Area
Community Plan.
The AACP seeks to promote vitality and an economically sustainable
downtown. The AACP dedicates two entire chapters to Historic Preservation
and Design Quality related philosophies, policies and goals, A finding of
compliance with the review standards associated with HPC approvals inherently
implies promotion all of these purposes, goals and objectives. The HPC granted
conceptual approval of the proposed development on February 23, 2005.
The proposal provides a mixed use development to include
commercial/ office use along the street front and at the ground level, and
residential use in detached structures located at the rear of the lots. As a result,
the historic cottages will be completely restored without any above-grade
additions for adaptive reuse. The site plan and designs reinforce the commercial-
oriented function of the street while enhancing its pedestrian character, While
the new construction has been designed to be compatible with the historic
character of the district, the designs do not copy early styles but instead achieve
creative new solutions that convey the community's history of interest in
exploring innovations. Nonetheless, the fundamental principles of traditional
design have been respected.
The Conner Cabins have been neglected over the years and require a
relatively high degree of restoration work, effort and expense to achieve any
meaningful level of historic preservation. Given the CC zoning and location of
the properties, the cost of the sites is substantial, Without the ability to
accomplish a development with the promise of economic return, there exists
almost no incentive whatsoever for anyone to endeavor a historic preservation
effort on these properties, let alone a historic preservation effort as complete and
exemplary as that proposed. In total, the building heights proposed herein and
approved by the HPC are essential to enabling complete restoration and
preservation without placement of additions on the resources. The character and
integrity of the cottages will not be adversely affected by the relocations, and the
integrity of the historic district will certainly be more enhanced than diminished.
Views of Aspen Mountain from in front of the Courthouse will not be
compromised or further infringed upon as a result of this development.
Moreover, use of the PUD process will not provide any further promotion of the
purposes, goals or objectives of the AACP than has already been achieved in the
proposal and the HPC review process.
B. Achieves a more desirable development pattern, a higher
quality design and site planning, a greater variety in the type
CONNER CABINS VIEW PLANE EXEMPTION ApPLICATION
PAGE 6
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and character of development, and a greater compatibility with
existing and future surrounding land uses than would be
possible through the strict application of the underlying zone
district provisions.
HPC review and approval of a development involving a historic
landmark structure (let alone three historic landmark structures) located in the
Commercial Core Historic District ensures a desirable development pattern, the
highest quality design and site planning, and the greatest level of compatibility
with existing and future surrounding land uses that can be reasonably hoped for.
The HPC review standards and available benefits already allow for variations
from the strict application of the underlying zone district provisions. The
proposal includes a mix of uses and, therefore, includes variety in the type and
character of the development. Use of the PUD process will not provide anything
more with regard to these purposes than has already been achieved in the
proposal and the HPC review process.
C. Preserves natural and man-made site features of historic,
cultural, or scenic value.
The project has been found by the HPC to represent an exemplary historic
preservation effort, preserving and fully restoring not one or even two, but three
historic landmark structures that have been the subject of demolition by neglect
discussions in the recent past. The scenic value of Aspen Mountain, as viewed
from the two courthouse view plane vantage points, will not be compromised or
further infringed upon as a result of this development. Moreover, use of the
PUD process will not provide any further preservation or protection of natural
and man-made site features of historic, cultural, or scenic value than has already
been achieved in the proposal and the HPC review process,
D. Promotes more efficient use of land, public facilities, and
governmental services.
While the proposal involves a development that falls some fifteen (15) feet
below the zoned height limit and only utilizes approximately half of the
allowable floor area, it represents a highly efficient and reasonable use of the
land and site. Use of the PUD process would not be at all likely to result in a
more efficient use of land, public facilities or governmental services.
E. Incorporates an appropriate level of public input to the
planning process to ensure sensitivity to neighborhood and
community goals and objectives.
CONNER CABINS VIEW PLANE EXEMPTION ApPLICATION
PAGE 7
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",...,
The proposed development has been through two (2) work sessions and
two (2) sessions of a public hearing (it was continued once) before the HPC to
gain its conceptual approvals, This application will result in a public hearing
before the Planning and Zoning Commission, The Final HPC application will
also be subject to review at a public hearing. Each of these steps required posting
of a public notice sign on the property at least fifteen (15) days prior to the
hearing dates, and mailing of notice to all property owners within a three-
hundred (300) foot radius at least thirty (3) days prior to the hearing dates. An
appropriate level of public input to the planning process is already taking place
and already ensuring sensitivity to neighborhood and community goals and
objectives.
Finally, in an effort to respond directly to the language of the review
standard, the proposed development is located immediately in front of other
developments (i.e., the three floor Aspen Plaza and Aspen Daily News buildings)
and directly behind the St. Mary's Church. The proposed development is located
on the far eastern edge of the designated view plane, leaving the vast majority of
the view plane area completely unaffected. Just a few years ago, the St. Mary's
Church rectory building development was granted an exemption from the
courthouse view plane, and the rectory building is more centrally located in and
closer to the origination points of the view plane. In the approval of the rectory
building's exemption, consideration was given to the fact that the street trees in
front of the courthouse very much obscure one's ability to enjoy the views that
are supposed to be protected by the view plane, especially during the half of the
year when the trees have their leaves. The height of the St. Mary's Church, the
rectory building, and the Aspen Plaza and Aspen Daily News buildings, coupled
with the affects of the street trees along Main Street, are such that the proposed
development will not further infringe upon views of Aspen Mountain from the
designated vantage points (see photo simulations provided herewith).
Given the relatively recent construction and cost of the Aspen Plaza and
Aspen Daily News buildings, and the mitigation costs associated with
redevelopment in the Commercial Core, it not likely that the Aspen Plaza
Building will be redeveloped in a manner that will re-open the view plane. St.
Mary's Church is a designated historic landmark and precluded from
demolition, and the rectory building was constructed less than five years ago.
The street trees along Main Street have many years of life expectancy remaining
and will be replaced upon their perishing anyway. Therefore, in accordance
with the language of the last paragraph in the cited standard, since the proposed
development does not further infringe upon the view planes and redevelopment
of existing structures that already infringe upon the view plane cannot
reasonably be expected to re-open the view plane, the Commission should
approve the proposed exemption.
CONNER CABINS VIEW PLANE EXEMPTION ApPLICATION
PAGE 8
/~.
"...
The proposal is in harmony with the purpose of the Commercial Core
zone district, which includes allowing" the use of land,.. within mixed use buildings
to support and enhance the business and service character in the historic central business
core of the City. The district permits a mix of... uses oriented to both local and tourist
populations to encourage a high level of vitality." Further, the project promotes the
goals of historic preservation in an exemplary manner. Surely, the ability to
promote the purpose of the CC zone district and the goals of the historic
preservation program (and, in turn, the AACP) was never intended to be limited
by the theoretical ability to see the very bottom of Aspen Mountain from the
sidewalk in front of the Pitkin County Courthouse --- a view that is largely
obscured by existing buildings and street trees.
Given the purpose of the CC zone district, the historic preservation
policies of the City, and the goals of the AACP, it would be unfortunate to
preclude or otherwise hinder the ability to achieve the proposal made herein due
to a theoretical diminishing of views from two stationary points from which
views to the very bottom of Aspen Mountain are already largely obscured by
existing buildings and trees. It would be regrettable to allow this extremely
limited and only theoretical impact dictate and compromise this proposal's
ability to further the purpose of the zone district, and the goals of the AACP and
the historic preservation program, especially since Aspen Mountain will still be
perfectly visible and these views will not be compromised.
The Code explains that the purpose of mountain view plane review is to
protect certain mountain views from obstruction, strengthen the environmental
and aesthetic character of the City, maintain property values, and enhance the
City's tourist industry by maintaining the City's heritage as a mountain
community. The foregoing has amply demonstrated that the proposed
development will not compromise the purpose of the mountain view planes but
will, instead, further these purposes by strengthening the aesthetic character of
the City, enhancing surrounding property values, promoting economic vitality
and sustainability, and maintaining the City's heritage as a mountain community
through exceptional historic preservation efforts.
CONNER CABINS VIEW PLANE EXEMPTION ApPLICATION
PAGE 9
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It is hoped that the information provided herein and in the attached plan
sets proves helpful in your review. We look forward to working with you
toward approving this exciting and worthy application. If you should have any
questions or desire any additional information, please do not hesitate to contact
me.
Yours truly,
Haas Land Planning, LLC
Mitch Haas, AICP
Owner/Manager
cc: Michael Noda, Oz Architecture
Greg Hills, Austin Lawrence Partners, LLC
Herb Klein, Esq. and Jody Edwards, Esq.
c: My DocwnentslCity Applications/Conner CabinsIHPC Conceptual App
CONNER CABINS VIEW Pu..NE EXEMPTION ApPLICATION
PAGE 10
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CITY OF ASPEN COMMUNITY DEVELOPMI!NT DEPARTMENT
Al!reement for P.""'lIlII.t of Catv of MMIl neveloDlRent Annladon Fees
CITY OF ASPEN (hereinafler CITY) llIld ADitio Lawre..u Partoers. LLC "'0 G.... Hills. Man.mDI!
Partaer (he..,inafter APPLICANT) AGREE AS FOLLOWS:
L APPLICANT has !II1bmitted to CITY an application tor MOllntaiD Vkw Plane
E..mntion (hereinafter, THE PROJECT).
2, APPLICANT Wldenlllnds and agrees lbat City of Aspen Ordinance No. 57 (Series of
2000) Mlablisbes a fee sttucture for LaDd Use applieations and the paymenr of all processing fees is a
condition prccedCDI to a delel1llination of applieanon completeness.
'.;'
3. APPLICANT and CITY agree that because of the size, nAlure or scope of1lle proposed
project, it is not possible at this time to asc:ertain Ill. full exWlt of the COSlS involved in procl!S$ing die
application. APPLlCA....../T and CITY fuIther agree that it is in the interest of the parties that APPLICANT
make payment of lib initial deposit and to thereafter permit additional co... to be billed to APPLICANT on
a mol1lhly basis. APPliCANT ap-ees additional costs may accrue foUowinll lbeir hearings anclIot
approvals, APPLICANT agteOS he will be benetltecl by recaining greater Cll$h liquidity and will make
additional pa~ts upon notification by the CITY when tbey are necesslll)' as costs are incurred. CITV
agrees it wJ1l be bcDefiled through the gt'll8ter eenainty of recovering its fUll costs 10 process
APPLICANT'S applicalioll.
4. CITY and APPLICANT furt:Iler agree thar it is impl8Clicable for CITY staff to complete
processillg or present sufficient information to the Pllllllling Commission 8Ildlor City Couw:i1lo enable the
PllID1ing Commission and/or Cil)' Council to make leplly requiml findinllll fot project consideration,
unless cunent billings are paid in full prior to decision.
S. Therefore, APPLICANT agrees that in consideration of tbe CITY's waiver of its debt to
Collecl fUll tees prior to a detennination of application coIilpleteness, APPLICANT shall p'y an initial
deposit in the amount of 52.648.00 which is for twelve (12) hours of Community Development staff time,
lIIId ifaclUal recorded costs exceed the initial deposit, APPLICANT shall pay additional mOlllb!y billings to
CITY to reimburse the CITY for die Processinll of the application mentioned above, including post
approval review at a rate of $2 10.00 per planner hour over the initial deposit. Such perlodic payments ,hall
be made within 30 days of the billing date. APPLICANT ftutber agrees that failure to pay such accrued
costs shall be l:!OUlIds for suspension of procllS$ing, and in no case will building permits be issue<! until all
costs associated with case processing have been paid.
CITY OF ASPEll/
By:
eou"uWllty DevelopOl8llt Dlreetor
8y:
8U1i1lK Ad. , au' elepllollc Number:
B.eonlred
Austin Lawrepce Parmen, LLC
c/o Greg Hills, Managing Parmer
314 South GaI_ Street, Ste, 200
AspeJJ, CO 81611
(910) 92lJ..4988 exl, 214
RET~NFORPERMANENTRECORD
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AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY: 5?D ~ 53?- t, ~,~ ~e , Aspen, CO
SCHEDULED PUBLIC HEARING DATE: ~I\". /).) ,200 s:
STATE OF COLORADO )
) ss.
County of Pitkin )
I, mrrcM.t:l.,l".~ (name, please print)
being or representing an Applicant to the City of Aspen, Colorado, hereby personally
certify that I have complied with the public notice requirements of Section 26.304.060
(E) of the Aspen Land Use Code in the following manner;
I Publication of notice: By the publication in the legal notice section of an official
~Wt6paper or a paper of general circulation in the City of Aspen at least fifteen (15)
days prior to the public hearing. A copy of the publication is attached hereto.
4. Posting of notice: By posting of notice, which form was obtained from the
'1./s~ 0<;; Community Development Department, which was made of suitable,
waterproof materials, which was not less than twenty-two (22) inches wide
and twenty-six (26) inches high, and which was composed of letters not
less than one inch in height. Said notice was posted at least ten (10) days
prioNfo the public hearing and was continuously visible from the.:1~ay of
t!../f'JIl.vtJ , 200S" , to and including the date and time of the public
hearing, A photograph of the posted notice (sign) is attached hereto.
,/ Mailing of notice. By the mailing of a notice obtained from the Community
3Nfbevelopment Department, which contains the information described in Section
26.304.060(E)(2) ofthe Aspen Land Use Code. At least ten (10) days prior to the
public hearing, notice was hand delivered or mailed by first class, postage prepaid
U.S. mail to all owners of property within three hundred (300) feet of the property
subject to the development application, and, at least fifteen (15) days prior to the
public hearing, notice was hand delivered or mailed by first class postage prepaid
U.S. mail to any federal agency, state, county, municipal government, school,
service district or other governmental or quasi-governmental agency that owns
property within three hundred (300) feet of the property subject to the
development application. The names and addresses of property owners shall be
those on the current tax records of Pitkin County as they appeared no more than
sixty (60) days prior to the date of the public hearing. A copy of the owners and
governmental agencies so noticed is attached hereto.
(continued on next page)
~
Rezoning or text amendment. Whenever the official zoning district map is in
any way to be changed or amended incidental to or as part of a general revision
of this Title, or whenever the text of this Title is to be amended, whether such
revision be made by repeal of this Title and enactment of a new land use
regulation, or otherwise, the requirement of an accurate survey map or other
sufficient legal description of, and the notice to and listing of names and
addresses of owners of real property in the area of the proposed change shall
be waived. However, the proposed zoning map has been available for public
inspection in the planning agency during all bus'ness hours for fifteen (15) days
prior to the public hearing on such amendmc
ESS MY HAND AND OFFICIAL SEAL
I
:TT ACHMENTS:
I
IF THE PUBLICATION
I
IF THE POSTED NOTICE (SIGN)
~ GOVERNMENTAL AGENCIES NOTICED
BY MAIL
,..,
"" /
PUBLIC NOTICE
RE: CONNOR CABINS (530 AND 532 EAST HOPKINS) VIEW PLANE EXEMPTION
REVIEW
NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, April 12, 2005 at a
meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities
Room, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Austin
Lawrence Partners, LLC, requesting approval of a view plane exemption from the two (2)
designated Courthouse View Planes to construct additions to each of the two (2) westernmost
Connor Cabins. The properties are commonly known as the Connor Cabins and are addressed as
530 and 532 E. Hopkins Avenue. The properties subject to the application are legally described
as the eastern 7'6" of Lot P and all of Lots Q and R, Block 93, City and Townsite of Aspen. For
further information, contact James Lindt at the City of Aspen Community Development
Department, 130 S. Galena St., Aspen, CO, (970) 429.2763,jamesl@ci.aspen.co.us.
s/Jasmine TVl!re. Chair
Aspen Planning and Zoning Commission
Published in the Aspen Times on March 27, 2005
City of Aspen Account
517 EAST HOPKINS AVENUE LLC
517 E HOPKINS AVE
ASPEN, CO 81611
ALLEN CARROL A REV TRUST
ALLEN RONALD W REV TRUST
PO BOX 19070
LAKE OSWEGO, OR 97035
ARNOLD RICHARD S & KATHRYN J
1405 OAK FOREST DR
ORMOND BEACH, FL 32174-3407
ASPEN PLAZA LLC
POBOX 1709
C/O STEVE MARCUS
ASPEN, CO 81611
BASS CAHN 601 LLC
PO BOX 4060
ASPEN, CO 81612
BORCHERTS ROBERT HAND
BORCHERTS HOLDE H
1555 WASHTENAW
ANN ARBOR, MI 48104
BULKELEY RICHARD C & JULIE J
PO BOX 450
RED OAK, IA 51566
CARISCH BROTHERS
CARISCH THEATRES INC
PO BOX 391
COLUMBUS, GA 31902-0391
DORAN RALPH
2600 WOODWARD WAY
ATLANTA, GA 30305
FICKE CLARK
15 W ARRELLAGA ST #3
SANTA BARBARA, CA 93101
~. "'
~~
610 EAST HYMAN LLC
C/O KRABACHER LAW OFFICES PC
201 N MILL ST STE 201
ASPEN, CO 81611
ALPINE BANK ASPEN
600 E HOPKINS AVE
ASPEN, CO 81611
ASPEN FIRE PROTECTION DISTRICT
420 E HOPKINS AVE
ASPEN, CO 81611
BAILEY MARCIA UNGREN
3215 TARRY HOLLOW DR
AUSTIN, TX 78703
BAXTER DAVID A
PO BOX 1112
CRESTED BUTTE, CO 81224
BPOE ASPEN LODGE #224
210 S GALENA ST #21
ASPEN, CO 81611
BULLOCK G E GRANDCHILDRENS PTNR
.166%
C/O SUZETTE GOODMA
500 E MARKHAM STE 305
LITTLE ROCK, AR 72201
CITY OF ASPEN
130 S GALENA ST
ASPEN, CO 81611
EMPHASYS SERVICE COMPANY
1925 BRICKELL AVE BLDG D
PENTHOUSE 110
MIAMI, FL 33129
FOSTER MARTHA LEE LIVING TRUST
5000 COAKLEY BAY #N2
CHRISTIANSTED VI, 00820-4561
ALH HOLDING COMPANY INC
435 W MAIN ST
ASPEN, CO 81611
ARCHDIOCESE OF DENVER SAINT
MARYS
1300 S STEELE ST
DENVER, CO 80210
ASPEN LEGACY LLC
17740 E HINSDALE AVE
FOXFIELD, CO 80016
BALDWIN HARLEY A II
205 S GALENA ST
ASPEN, CO 81611
BOGAERT FAMILY TRUST
PO BOX 300792
ESCONDIDO, CA 92030
BROUGH STEVE B
BROUGH DEBORAH A
599 TROUT LK DR
SANGER, CA 93657
BULLOCK WILLIAM G FAMILY TRUST
PO BOX 282
GLENWOOD SPRINGS, CO 81602
COPPOCK RICHARD P
PO BOX 44
DEXTER, MI 48130
EMPHASYS SERVICES COMPANY
4400 N A1A STE 1002
HUTCHINSON ISLAND, FL 34949
FURNGULF LTD
A COLO JOINT VENTURE
616 E HYMAN AVE
ASPEN, CO 81611
GELD LLC
MEYER LOWELL C/O
POBOX 1247
ASPEN, CO 81612-1247
GOLDSTEIN BARRY J
950 S CHERRY #320
DENVER, CO 80246
HINDERSTEIN FAM REV TRUST
POBOX 1576
MERCER ISLAND, WA 98040
HORSEFINS LLC
C/O PITKIN COUNTY TITLE
601 E HOPKINS AVE
ASPEN, CO 81611
JACKSON DONNA M .0208% INT
1730 RIDGE DR
GRAND JUNCTION, CO 81506
LAZY J RANCH LLC
C/O W R WALTON
PO BOX 665
ASPEN, CO 81612
MAESTRANZI BART
1736 PARK RIDGE POINTE
PARK RIDGE, IL 60068
MARASCO EMILY A AK MEYER EMILY A
6.1446%
21701 FLAMENCO
MISSION VIEJO, CA 92692
MCCUTCHIN GENE P
14833 MIDWAY RD
ADDISON, TX 75001
MCNULTY NELSON E .0208% INT
2490 DEPEW
EDGEWATER, CO 80214
,.
....'
GILKERSON LINDA
UNIVERSITY OF CHICAGO
5640 ELLIS AVE
CHICAGO, IL 60637
HEYS MARIE L TRUSTEE
2495 ADARE
ANN ARBOR, MI 48104
HOLLAND AND HART
ATTN BRYAN DOWER
PO BOX 8749
DENVER, CO 80201
HUBBARD MICHAEL P
10503 SUNSET TERRACE
CLIVE, IA 50325
KESSLER SEPP H & JANE
600 E MAIN ST #210
ASPEN, CO 81611
LEVY FOSCO LLC
980 N MICHIGAN AVE STE 400
CHICAGO, IL 60611
MANN KATHLEEN A 99%
PO BOX 2057
ASPEN, CO 81612
MARCHETTI FAMILY LLC
1526 FOREST DR
GLENVIEW, IL 60025
MCGAFFEY FAMILY & CO NO C LLC
12852 NW SHORELAND DR
MEQUON, WI 53097
MCNULTY RONALD J .0208% INT
380 POINT WINDERMERE PL
OCEANSIDE, CA 92057-3420
GODIVA HOLDINGS LLC
435 E MAIN ST
ASPEN, CO 81611
HICKS GILBERT W & PATSY K
3674 WOODLAWN TERRACE PL
HONOLULU, HI 96822
HOPKINS ST VENTURE
C/O TED MULARZ
PO BOX 1328
ASHLAND, OR 97520
HUNTER SQUARE LLC 90%
2900 LOS BALLlNAS AVE
SAN RAFAEL, CA 94903
LAMB DON Q JR
UNIVERSITY OF CHICAGO
5640 ELLIS AVE
CHICAGO, IL 60637
LOEB PAUL L LIVING TRUST 50%
223 LINDEN PARK PL
HIGHLAND PARK, IL 60035
MARASCO BERNARD J 6.1446%
320 DAKOTA DR
GRAND JUNCTION, CO 81503
MASON & MORSE INC
514 E HYMAN AVE
ASPEN, CO 81611
MCNULTY KATHLEEN A .0208% INT
12342 WINDWARD WAY
ANACORTES, WA 98221
MYSKO BOHDAN D
418 E COOPER AVE SUITE 200
ASPEN, CO 81611
PASSAVANT TOM
GLENN KAREN
PO BOX 6069
SNOWMASS VILLAGE, CO 81615
PITKIN COUNTY BANK 80%
534 E HYMAN AVE
ASPEN,CO 81611
ROTHBLUM PHILIP & MARCIA
624 E HOPKINS AVE
ASPEN, CO 81611
SIMON JONATHAN H
19 W 21ST ST RM 902
NEW YORK, NY 10010-6847
STARMER MARY JOSEPHINE 6.1446%
12738 W 84TH DR
ARVADA, CO 80001
TAYLOR E NORRIS 1/2
602 E HYMAN AVE #1
ASPEN, CO 81611
US BANK NA & MCNULTY ZELPHA MARIE
.083%
422 WHITE AVE, PO BOX 608
GRAND JUNCTION, CO 81501
WALD JANET
9762 BURNLEY PL
BEVERLY HILLS, CA 90210
,....",
'-'"
PITKIN CENTER CONDO OWNERS
ASSOC
517W NORTH ST
ASPEN, CO 81611
R&R COMPANY 81.5662%
653261/2 RD
GRAND JUNCTION, CO 81506
SEID MEL
1104 DALE AVE
ASPEN, CO 81611
SJA ASSOCIATES LLC 60%
C/O STEPHEN J MARCUS
PO BOX 1709
ASPEN, CO 81612
STEW ART TITLE CO
1980 POST OAK BLVD #800
HOUSTON, TX 77056
TAYLOR FAMILY INVESTMENTS CO 1/2
489 ROSE LN
CARBONDALE, CO 81623
VAN WALRAVEN EDWARD C 1%
PO BOX 4913
ASPEN, CO 81612
WASKOW SUSAN A
PO BOX 4975
ASPEN, CO 81612
PITKIN COUNTY
530 E MAl N ST STE 302
ASPEN, CO 81611
RKJR PROPERTIES L TO
5954 ROYAL LANE
SUITE 255
DALLAS, TX 75230
SHERMAN CAPITAL COMPANY
5840 E JOSHUA TREE LN
PARADISE VALLEY, AI. 85253
SMITH JAMES F & N LINDSAY
6542 WESTCHESTER
HOUSTON, TX 77005
STONE CATHY PREV TRUST 1/25/99
#3 MISSION HILLS CIR
ROGERS, AR 72758
TROUSDALE JEAN VICK
611 E HOPKINS AVE
ASPEN,CO 81611
VIDAL C A
C/O REAL ESTATE AFFILIATES
PO BOX 2914
BASALT, CO 81621
WOGAN JAQUELlNE T 40%
PO BOX 158
ASPEN, CO 81612
ATTACHMENT 7
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
SCHEDULED PUBLIC HEARING DATE:
Aspen, CO
ADDRESS OF PROPERTY:
,200_
STATE OF COLORADO )
) ss.
Connty of Pitkin )
I, "-Jo.. \N'l~..s L,'I/\d+ (name, please print)
being or representing an Applicant to the City of Aspen, Colorado, hereby personally
certifY that I have complied with the public notice requirements of Section 26.304.060
(E) of the Aspen Land Use Code in the following manner:
~ublication 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 at least fifteen (15)
days prior to the public hearing. A copy of the publication is attached hereto.
. ~
Posting ofriotice: By posting of notice, which form was obtai~td from the
- Community Development Department, which was made of suitas,]e,
waterproof materials, which was not less than twenty-two (22) inches wide
and twenty-six (26) inches high, and which was composed ofletiers not
less than one inch in height. Said notice was posted at least fifteen (15) days
prior to the public hearing and was continuously visible from the _ day of
, 200_, to and including the date and time of the public
hearing. A photograph of the posted notice (sign) is attached hereto.
_ Mailing of notice. By the mailing of a notice obtained from thel20mmunity
Development Department, which contains the information described in Section
26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen ~5) days prior to
the public hearing, notice was hand delivered or mailed by first class postage
prepaid U.S. mail to any federal agency, state, county, municipal government,
school, service district or other governmental or quasi-governmental agency that
owns property within three hundred (300) feet of the property subject to the
development application. The names and addresses of property owners shall be
those on the current tax records of Pitkin County as they appeared no more than
sixty (60) days prior to the date of the public hearing. A copy of the owners and
governmental agencies so noticed is attached hereto.
(continued on next page)
Rezoning or text amendment. Whenever the official zoning district map is in
any way to be changed or amended incidental to or as part of a general revision
of this Title, or whenever the text of this Title is to be amended, whether such
revision be made by repeal of this Title and enactment of a new land use
regulation, or otherwise, the requirement of an accurate survey map or other
sufficient legal description of, and the notice to and listing of names and
addresses of owners of real property in the area of the proposed change shall
be waived. However, the proposed zoning map has been available for public
inspection in the planning agency during all business hours for fifteen (15) days
prior to the public hearing on such amendments.
~~^
S' ature
~,,~<dJ-
The foregoing "Affidavit of Notice" was acknowledged ~re ~ ~ay
of ~(.. L ,200.5by---::::(oo---L-.~ 1
WITNESS MY HAND AND OFFICIAL SEAL
PUBLIC NOTICE
INS (530 AND 532 EAST
RE: CONNOR CAB E. ~PT10N RE.VIEW
HOPKiNS) V~EW PLA~REBY GIVEN that a public
NOTICE IS H.. d April 12. 2005 at
hearing will be h~ld on : ~Y'belore the Aspen
a meeting to begln.a~ 4(3 P~is'Sion, Sister Cities
Planning, and Zomng alenaSt., Aspen, to con-
Ruom, CIty Ha~l. 1.30 S. bmitled by Austin Law- Notary Public
sider an apphcatH>Il su esting approval of a
rence Partners. L~C, ;~o~ the two (2) designat-
view plane eXe[]\~~10n Planes to construct addl-
ed Courthouse lew {) (2) westernmost Connor
tions to each 01 the t~ mmonly known as
Cabins_ The properlLes are ~~ressed as 530 and
the Connor ~abins and ar~~c properlies subjKt
532 E. Hopkins .Avenue. all described as the
to the a~~,\icatlonpar~dl::t olLots Q and R. Block
eastern 76 olLot a
93.CityandTownsite.of^S~~~~ct James Lindt at ATTACHMENTS.
For further informatlon, c. Development De- .
the City of Aspen c.o~mu~~ty Aspen, CO, (970)
partment, \30s.~~e co'~s
429,2763,lames\@el,aspi. sh~mineTygre,.Ch,air rOFTHEPUBLICATION
. ' d Zoning CommiSSIon
AspenPlann gan M h272oo5.
published in The As ~ Times on arc .
(2530) 'JF THE POSTED NOTICE (SIGN)
LIST
lVERNMENTAL AGENCIES NOTICED
BY MAIL
,..,
f--fv141/d 10
/vf{ /-r.t1 CM 3/! ?-/0
,
......."
PUBLIC NOTICE
RE: CONNOR CABINS (530 AND 532 EAST HOPKINS) VIEW PLANE EXEMPTION
REVIEW
NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, April 12, 2005 at a
meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities
Room, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Austin
Lawrence Partners, LLC, requesting approval of a view plane exemption from the two (2)
designated Courthouse View Planes to construct additions to each of the two (2) westernmost
Connor Cabins. The properties are commonly known as the Connor Cabins and are addressed as
530 and 532 E. Hopkins Avenue. The properties subject to the application are legally described
as the eastern 7'6" of Lot P and all of Lots Q and R, Block 93, City and Townsite of Aspen. For
further information, contact James Lindt at the City of Aspen Community Development
Department, 130 S. Galena St., Aspen, CO, (970) 429.2763,jamesl@ci.aspen.co.us.
s/Jasmine TVl!:re, Chair
Aspen Planning and Zoning Commission
Published in the Aspen Times on March 27,2005
City of Aspen Account
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PUBLIC NOTICE
RE: CONNOR CABINS (530 AND 532 EAST HOPKINS) VIEW PLANE EXEMPTION
REVIEW
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NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, April 12,2005 at a
meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities
Room, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Austin
Lawrence Partners, LLC, requesting approval of a view plane exemption from the two (2)
designated Courthouse View Planes to construct additions to each of the two (2) westernmost
Connor Cabins. The properties are commonly known as the Connor Cabins and are addressed as
530 and 532 E. Hopkins Avenue. The properties subject to the application are legally described
as the eastern 7'6" of Lot P and all of Lots Q and R, Block 93, City and Townsite of Aspen. For
further information, contact James Lindt at the City of Aspen Community Development
Department, 130 S. Galena St., Aspen, CO, (970) 429.2763, jamesl@ci.aspen.co.us.
s/Jasmine Tv!!re. Chair
Aspen Planning and Zoning Commission
Published in the Aspen Times on March 27,2005
----------------------------------
---~ ---
City of Aspen Account
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Applicant:
Payee:
Type:
Permit Number
0013.2005.ASLU
Permit Receipt
RECEIPT NUMBER 00014671
Date: 2/25/2005
AUSTIN LAWRENCE PARTNERS
February 2005
check # 1860
Fee Description
Cal fee to Receipt Deposit
Total:
.
Amount
2,640.00
2,640.00