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HomeMy WebLinkAboutcoa.lu.sr.320 W Main St.62A-88 ~ !"""'\( '4 CASELOAD SUMMARY SHEET city of Aspen DATE RECEIVED: 1~28?8 DATE COMPLETE: L_/(L!?g PARCEL ID AND CASE NO. 2735-124-41-005 62A-88 STAFF MEMBER: IfE PROJECT .NAME: Elisha House GMOS Parkinq Reduction Project Address: Legal Address: Exemption & Special Review for 320 W. Main Street Block 44. Lots N. 0 & P APPLICANT: Alan & Jacqueline Shada Applicant Address: 110 Escondido vista. CA 92084 REPRESENTATIVE: Welton Anderson Representative Address/Phone: P. O. Box 9946 Aspen. CO 81612 5-4576 PAID: YES NO AMOUNT: $810.00 0!ip;:)fG..- 2 STEP: TYPE OF APPLICATION: P&Z Meeting Date .:1in J1 PUBLIC HEARING: v. ) VESTED RIGHTS: /' CC Meeting Date PUBLIC HEARING: YES .---.-...., .. NO . .,-.... .-,.;:.~~ /NO YES YES NO VESTED RIGHTS: YES NO ~ Planning Director Approval: Insubstantial Amendment or Exemption: Paid: Date: REFE~LS: /~y Att~rney ~y Eng1neer Housing Dir. Aspen Water City Electric Envir. Hlth. Aspen Consolo S.D. Mtn. Bell Parks Dept. Holy Cross Fire Marshall Building Inspector Roaring Fork Energy Center School District Rocky Mtn Nat Gas State Hwy Dept(GW) State Hwy Dept(GJ) Other DATE REFERRED: /;2.-/9/J>8 INITIALS: c/9~ INITIAL~= FINAL ROUTING: DATE ROUTED: 5-J9,-'iS"I ___ City Atty ~ity Engineer ___ Zoning ___ Housing Other: Env. Health FILE STATUS AND LOCATION: ~ ~ .-k CASE DISPOSITION To: File From: Roxanne Eflin Re: 320 W. Main st. the smith-Elisha House, GMQS Exemption (Change in Use) and Special Review (Parking Reduction) Date: May 4, 1989 ================================================================ On January 17, 1989, the P&Z approved both the GMQS Exemption for the Change in Use of the Smith-Elisha House and the Special Review application for parking reduction. The approved conditions were based off staff's memo, with exceptions, and are as follows: l. That the applicant satisfy the requirements by the Engineering Department with regard to sidewalk inspection and approval prior to the issuance of a CO; OR that a written agreement be provided to Engineering that any necessary upgrade and/or repairs will be performed during the construction season of 1989. 2. That the two parking spaces directly to the north of the main structure's rear stairs be designated for compact cars only, eliminating the need to demolish this historic architectural feature, and that the action not be taken before the Board of Adjustment. 3. That the parking requirement for the bedroom be waived pursuant to section 5-213(E). 4. That the applican~ provide payment-in-lieu for affordable housing J.n the amount of $56,376.00, to minimize the cost to the development of the historic landmark. 5. That the applicants be eligible for obtaining a rebate of the affordable housing payment-in-lieu provided current pending legislation providing additional incentives to historic landmarks is approved by City Council. (Note: Refer to Ordinance 16, Series of 1989) cd.320WM "'.,.1 ~ ,....,. ,-., CITYM"OFA. SPEN "~<~;';'::">' ",', , '" " 130 south galena street asp t.c'olo;ra1l6<<*S1611 ~~g.;:'~'f?\"':"'!~' ~"";;,r.'h'iJ.:',').'~"',<' 3(j3-'925-2020 MEMORANDUM DATE: January 26, 1989 TO: Roxanne Eflin, Planning Office FROM: City Attorney's Office RE: Proposed Code Amendment with Respect to HPC Development and Employee Housing Impact Fees Pursuant to our meeting of January 25, 1989, I have the following thoughts on the proposed code amendment with respect to employee housing impacts on HPC development: l. It appears to me that the Elisha House has several options with respect to the proposed code amendment. The Elisha House could pay the employee housing impact fee and make a subsequent request to Council to refund it if and when the proposed legisla- tion is passed. 2. The developer could sit on the application, pending the change in legislationp and submit an application in furtherance of it. 3. The developer could submit either a letter of credit, escrow the funds, ()lr e;omeh()w secure the commitment of the monies, in a. manner satisfactory to the City Manager and the City Attorney. As I understand the process., the Planning Office has submitted a proposed code amendment to the Planning and Zoning commission for review which would have the effect of altering the manner in which employee h()\l~ing! ,fees are paid with respect to commercial development on HPCdesignated sites. The proposed legislation contains a Sliding scale in which employee housing impact fees are paid in proportion to expansion of the existing site. With that concept in mind, and with the added knowledge that the proposed Elisha development creates no new bulk or FAR, it seems appropriate to me that the City fashion an administrative remedy with respect to the current employee housing fee due on applica- tion for a building permit. <- ~~ ~. -. Memorandum to Roxanne Ef1in January 26, 1989 Page 2 I suggest that the applicant obtain a letter of credit in the amount of the current employee housing dedication fee and desig- nate the city as a co-payee along with the developer. Further, the applicant should provide a covenant to release obligating both sides, in the event the proposed legislation is either adopted or rejected, that the monies are refunded in whole or in part to the appropriate party. In addition, I suggest that the letter of credit be in force up and until June 30, 1989, with an extension, if necessary, for an additional sixty days upon written application. This process would insure that the monies are set aside for the benefit of the city in the event the proposed legislation is not passed or is not passed as currently composed. However, it also enables the applicant to avoid' escrowing the full sum, while insuring that a third party, such as Pitkin County Bank and Trust, has obligated the full amount in the event it becomes necessary to pay it. jmc cc: Jim Adamski Bob Anderson Welton Anderson .JAN 3 0 1"". ~ MEMORANDUM From: Aspen Planning and Zoning commission Roxanne Eflin, Planning Office Public Hearing / smith-Elisha House GMQS Exemption (Change in Use) and Special Review (Parking Reduction) To: Re: Date: January l7, 1989 ================================================================ APPLICANT'S REQUEST: Exemption from the Growth Management Quota System for the change of use of a historic designated landmark, to convert the existing residential space to office use, and adaptively renovate the carriage house into office (first floor) including a one bedroom dwelling unit on the second floor. In addition, the application requests a Special Review for a parking reduction. APPLICANT: AlanJ. Shada LOCATION: 320 West Main st., Lots N, 0, and P, Block 44, City and Townsite of Aspen. ZONING: "0" Office; H, Historic Overlay (landmark designated within the Main Street Historic District) DESClUP'l'ION OF THE PROPOSAL: This project is eligible for exemption from GMQS due to its designated landmark status. Section 8-104 (B) of the Aspen Land Use Code allows for the Commission to exempt "the enlargement or change of use of an Historic Landmark which deve10ps more than 500 sq. ft. of commercial or office space or which increases the building's existing commercia1 or office space by more than 50% n provided that the applicant demonstrated that the development will mitigate community impacts (see staff comments): OTHER COMMITTEE/COUNCIL ACTION: On January 9, 1989, city Council approved on second and final reading Ordinance 56, securing landmark designation for the Smith-Elisha House. On January lO, 1989, the HPC reviewed and approved the applicant's final development plans, with conditions. REFERRAL COMMENTS: 1. Engineering: Roth of the comments: In a memorandum dated January 6, 1989, Chuck Engineering Department makes the following a. Sidewalk: time of condition The presence of snow on the sidewalk at the inspection made a determination of the impossible. Engineering is requiring that ~ "'"' prior to a CO being issued, an inspection for conformance to City code shall be made and accepted by the Engineering Dept., OR an agreement shall be provided to the City that any necessary upgrade and/or repairs will be performed during the construction season of 1989. b. Parking Reduction: Engineering states the application does not adequately address the need for the parking reduction, and states that due to the community's need for parking, a reduction cannot be supported by this department. A cash-in-lieu payment is suggested. In addition, Engineering states it is possible to designate the two spaces immediately to the east of the transformer for compact cars, which required approval by the Board of Adjustments. This is in lieu of an encroachment into the alley of approximately two (2) feet, which cannot be permitted due to the need to maintain the minimum 20' width for emergency vehicles. c. utilities: It is possible to relocate the transformer which is currently located at the western-rear of the site, at the applicant's expense, to provide for an additional parking space. This is provisional upon the City Electrical Department and electrical engineer accepting an alternative location. 2. Housing Authority: The renovated net leasable square footage of both the main house and carriage house combined is 2,784. In a memo dated January 11, 1989, Janet Raczak of the Housing Authority has determined that the applicant's generated-employee calculations are correct, however, disagree with the use of the middle-income category for determining payment-in-lieu. Instead, they recommend the moderate income category as follows: 2,784 sq. ft. x 3 emp10yeesj1,000 sq. ft. = 8.352 amp. 8.352 x 60% = 5.01 emp. x $16,750 = $83,918 CIL The Housing Authority suggests that the income level of the employees generated would more reasonably be projected to be in the moderate income category. 3. City Attorney: Fred Gannett states he has no concerns about the proposal at this time. 2 ,,-. /-." STAFF COMMENTS: GMQS EXEMPTION: section 8-104 (B) (1) (c) of the Land Use Code gives the Planning and Zoning commission the authority to grant an exemption from GMQS if it is demonstrated that impacts are mitigated and the following criteria have been adequately addressed: CRITERIA: The applicant shall demonstrate that the development will mitigate its impacts on the community by providing employee housing at the level which would meet the threshold required in section 8-l06 for the use. RESPONSE: The applicant has agreed to the payment-in-lieu provision for deed-restricted affordable housing based upon the middle income standards, however, strongly supports any future code amendments allowing the waiver of this and other city exactions as it relates to the development of historic landmarks (please refer to Staff's comments under "Special Review", page five of this memo). The 839 sq. ft. one bedroom dwelling unit proposed for the second floor of the carriage house will not be deed restricted, and will be occupied by the owner a few months a year. Currently, no guidelines are in the system for determining Low, Moderate or Middle income standards for the payment-in-lieu of affordable housing in commercial applications. The Housing Authority has based their rationale for recommending the moderate income category on the potential income of any support staff in this project. It may be practical to look at the kinds of practices that will occupy the office space to determine the income-level standard. Staff feels that in a response to the nature of the project and the Historic Landmark status of the Smith-Elisha House, that the Middle income range is appropriate to determine the total payment-in-lieu. CRITERIA: The applicant shall provide parking according to the standards of the code. RESPONSE: The following are review standards for parking- Special Review in the Office Zone district: Residential Uses: One (1) space per bedroom; fewer spaces may be provided by Special Review for historic landmarks. All other Uses (except Lodge Use): Three (3) spaces per 1,000 sq. ft. of net leasable area; fewer spaces may be provided by Special review, but no fewer than 1.5 spaces per 1,000 sq. ft. of net leasable. 3 """" ..-, The proposed project generates the following parking needs: Net leasable: 2,784 x 3/l,000 = 8.35 (8) Required Parking: 8 New Bedrooms created: Required parking:* Special Review Reduction: 1 1 (waiver requested) 2,784 x l.5/1,000 = 4.17 (4) The applicant is requesting special review for parking reduction from eight (8) to five (5) on-site spaces, one more than would be allowed by the Special Review reduction of 1.5/1,000. The applicant is also requesting a waiver of the parking requirement for the single one-bedroom dwelling unit (carriage house) as allowed by Special Review for historic landmarks. The applicant states that they have provided on-site parking for the project to the highest degree that is practical. Please refer to staff's comments under "Special Review", page five of this memo. The renovation project will provide office space for professionals, consisting generally of sole proprietors. It is reasonable to expect 5-8 individuals working on site. We feel the five parking spaces proposed adequately meet the needs of the project. The 6th parking space, made possible with the relocation of the transformer, is strongly recommended by staff and the Engineering Department to further meet the on-site parking needs. CRITERIA: The project's water supply, sewage treatment, drainage control, transportation, fire protection and solid waste disposal needs shall be met. RESPONSE: The applicant states that the impact in these areas is very minimal, as no significant physical changes are taking place on the site. Water is supplied by a 6" galvanized water main in Main street to a 3/4" line feeding the house which serves the existing 1 1/2 baths. The addition of another 1 1/2 baths can, according to the water department, be served without upgrade to the water system. Sewer needs are served by an 8" line in the alley, large enough for the additional demand. The historic site drainage will not be altered. The parking will be gravel, new paving is there are additional buildings or expansions buildings. significantly minimal, and of existing 4 "....,., ,.-, The site is very well served by mass transit, immediately adjacent to ALL but two bus routes. The site is six response time is less shall be installed in unit. (6) blocks from the fire department and than three (3) minutes. Smoke detectors each office space and in the residential Solid waste located in the property line. removal shall alley between be handled by a new dumpster the transformer and the west CRITERIA: design is the site. It shall be demonstrated that the project's site compatible with surrounding project and appropriate for RESPONSE: Final Development approval for the alternations to both structures has been granted by the HPC. The proj ect is primarily restorative, with very few changes taking place. staff finds the proposal strongly meets the criteria, as well as the Historic Development Guidelines and the State Historical Architect's review. Architectural details and exterior materials which have decayed past the point of reasonable repair are being duplicated during restoration. All surfaces will be painted. The carriage house will receive five new windows along secondary facades to allow for light and egress, and a slightly enlarged (approximately 40%) south elevation gabled dormer. Very little change will occur to the site's historic grading. SPECIAL REVIEW Review standards for the reduction in off-street parking requirements are found in section 7-404 (B) of the Aspen Land Use Code. The staff has recommended, in the Code Correction Ordinance, and P&Z has concurred, that the payment-in-lieu provision is appropriate for the Office zone district as well, though this zone district was inadvertently left out of Sec. 7- 404(B) (1) when the land use code was revised. Engineering also supports the payment-in-lieu provision for reducing required parking in this project. "Approval of the payment-in-lieu shall be at the option of the Commission. In determining whether to accept the payment or whether to require that the parking be provided on-site, the commission shall take into consideration the practical ability of the applicant to place parking on-site, whether the needs of the development have been adequately met on-site and whether the city has plans for a parking facility which would better meet the needs of the development and the community than would location of the 5 ,~, .- parking on-site." STAFF'S COMMENTS: It is not physically practical to provide more than the proposed five spaces on this site, due to the historic configuration of the principal structure and carriage house. The one exception is the sixth space which may be provided should the transformer box be relocated, as staff and Engineering have both suggested. staff has received inquiries from two immediate neighbors concerned that 1) the change of use of the Smith-Elisha House will increase the parking problems which already exist in this block, and 2) the parking situation is being further aggravated by the corner Log Cabin restaurant. That project also received approval under Special Review for a reduction in parking. SUMMARY: The commission should also be aware that the Planning Office is currently processing an application submitted by the owner of Berko (a/k/a Lilly Reid) Building for land use code amendments involving positive incentives for historic preservation, which proposes to allow the waiver of some or all of the payment-in-lieu provisions for the development of designated historic structures. staff supports the applicant's request that the project be eligible to reduce or waive requirements if and when this code amendment is adopted by City Council. However, at that time it should be recognized that we have already reduced the payment-in-lieu requirement from the moderate to the middle income guideline and have waived three (3) parking spaces otherwise required for the project. We find that the proposal presents a good adaptive use/rehabilitation alternative, utilizing a historic resource to its fullest potential. staff finds that the applicant has mitigated impacts according to the code requirements. RECOMMENDATION: The Planning Office recommends that the Planning and zoning Commission grant approval for the GMQS exemption for the change of use of the Smith-Elisha House, and approval for Special Review for parking reduction with the following conditions: 1. That the applicant satisfy the requirements by the Engineering Department with regard to sidewalk inspection and approval prior to the issuance of a CO; OR that a written agreement be provided to Engineering that any necessary upgrade and/or repairs will be performed during the construction season of 1989. 2. That the transformer be relocated at the applicant's expense, subject to approval of the City Electrical Department, to provide for an additional parking space. 6 -. -. 3 . That the two parking spaces directly to the north of the main structure's rear stairs be designated for compact cars only, eliminating the need to demolish this historic architectural feature. 4. That the parking requirement for the bedroom be waived pursuant to section 5-213 (El. 5. That the applicant provide payment-in-lieu for affordable housing in the amount of $56,376.00. We recommend that the Planning and Zoning commission include in its motion a statement that the applicant shall be eligible for consideration of a reduction of city exactions specific to the development of historic landmarks, subject to the potential land use code amendments which are currently proposed, and subject to recognition of the housing and parking impact reductions already granted this project. memo.pz.320wm.GMQS 7 r', -, MEMORANDUM FROM: Roxanne Efline, Planning Office Janet Raczak, Housing Office TO: RE: Elisha Change In Use DATE: January II, 1989 --------------------------------------------------------------- --------------------------------------------------------------- APPLICATION SUMMARY: The applicant indicates in its memo that they are removing a residential use and incorporating a commercial use within a historic structure, and continuing to use the upper portion of the carriage house as a residential unit consisting of 839 s.f. and one bedroom. The applicant states that the employee generation in use will have an employee generation of 5.01. calculations are: of this change The applicants 2784 s.f. x's 3 employeesjl000 s.f. = 8.352 employees 60% of 8.352 employees = 5.0l employee generation The applicant intends to meet their employee generations with a payment-in-lieu indexed to the Employee Housing Guidelines - middle income category of $11,250 per employ or a payment-in-lieu of $56,376. HOUSING OFFICE REVIEW: The Housing Office concurs with the applicants employee generation calculation of 5.01, but disagrees with the use of the middle income category to calculate the payment-in-lieu amount. The Housing Office suggests that the income level of the employees generated would more reasonable be projected to be in the moderate income category. The moderate income category payment-in-lieu amount per employee is $l6,750. Therefor the payment-in-lieu amount would be $83,918 ($16,750 x's 5.01 employees). HOUSING OFFICE RECOMMENDATION: approval of the Elisha Change the following: The Housing Office recommends in Use application conditioned on l. The applicant shall pay a payment-in-lieu in the amount of $83,918 prior to the issuance of a Building Permit for any portion of the project. ,......, ""'" MEMORANDUM To: Roxanne Eflin, Planning Office From: Chuck Roth, Assistant City Engineer c:~ Date: January 8, 1989 Re: Elisha House GMQS Exemption & Special Review for Parking Reduction Having reviewed the above referenced application and having made a site inspection, the Engineering Department has the following comments: 1. The presence of snow on the sidewalk made it impossible to inspect the sidewalk for dimensions and condition. The certifi- cate of occupancy should not be issued until the sidewalk can be inspected for conformance to City code and accepted by the Engineering Department or until an agreement is provided to the City that any necessary upgrade and/or repairs will be performed during the construction season of 1989. 2. The application does not present any discussion of why a reduction in required on-site parking should be granted. There is no indication that fewer than the code required ten (10) parking spaces will be needed by the project. Given the need for parking in town, the Engineering Department cannot support.the granting of a reduction in on-site parking requirements. It is suggested instead that the applicant pay cash-in-lieu for parking spaces not provided on site with five spaces minimum required on site. As has been discussed with the Planning Office, it is possible for the applicant to relocate the transformer. at the applicant's expense if the City Electric Department and electrical engineer accept an alternative location, and it is possible to accept two of the parking spaces as designated for compact cars, although this would require approval by the Board of Adjustments. An encroachment into the alley cannot be permitted because a twenty foot wide emergency access width must be maintained. Twenty feet is the width of alleys. cc: Jay Hammond CR/cr/memo_89.2 ,-,.. ~, , ASPEN/PITKIN PLANNING OFFICE 130S. Galena street Aspen, Colorado 81611 (303) 920-5090 December 9, 1988 Welton Anderson P. O. Box 9946 Aspen, Colorado 81612 RE: Elisha House GMQS Exemption and Special Review Dear Welton, This is to inform you that the Planning Office has completed its preliminary review of the captioned application. We have determined that your application IS complete. We have scheduled your application for review by the Planning and zoning commission at a hearing to begin at 4:30 P.M. on Tuesday, January 17, 1989. The Friday before the meeting date, we will call to inform you that a copy of the memo pertaining to your application is available at the Planning Office. If you have any other questions, please call Roxanne Eflin, the planner assigned to your case. sincerely, LJ~~ Debbie Skehan Administrative Assistant ~~ ,~ MEMORANDUM TO: city Attorney city Engineer Housing Director FROM: Roxanne Eflin, Planning Office RE: Elisha House GMQS Exemption & Special Review for Parking Reduction, Parcel ID# 2735-124-41-005 DATE: December 9, 1988 ---------------------------------------------------------------- ---------------------------------------------------------------- Attached for your review and comments is an application from Welton Anderson on behalf of his client Alan Shada requesting GMQS Exemption for the Change in Use of an Historic Landmark and Special Review Approval for Reduction in Parking. The house is located at 320 West Main street. Please review this material and return your comments no later than January 4, 1989 so that I have time to prepare a memo for the P&Z. Thank you. \ - - MEMO RANDOM TO: Planning Office, Historic Preservation Committee, Planning and Zoning Commission FROM: Welton Anderson RE: Elisha House, Historic Development Review, GMQS Exemption, Special Review for Parking Reduction. DATE: 25 November 1988 Historic Development Proposa1~ Main House: There will be no significant change in character to the Elisha House. The primary work will be repair and repainting of the exterior surfaces of the house, Exterior architectural elements that are lost or are irreparib1y deteriorated will be duplicated exactly. Existing windows are generally in very good condition and will be provided with new sash cords where needed and new glass where broken, the wavy original glass being preserved. Clear glass will replace the colored glass in the circular "pinwheel" window in the uopermost south gable, and a skylight/roof window will be installed on the west attic roof, invisible from the street. Carriage House: The effect of the proposed development on the original design of the carriage house will be as minimal as possible and still comply with the light, ventilation and egress requirements of the building code, The applicant realizes that the carriage house's importance is as an outbuilding and it's character should remain that of an outbuilding, Consequently the elements that contribute to it's character (dormers, double hung windows, carriage and 10ft doors) will be modified or reproduced to allow more light inside. The north (10ft) gable will be reproduced on the south side and will be flanked by smaller dormers identical to the existing dormer. Single double hung windows will be joined to make a pair or a triple window, consistant with the grouped windows on the house. The carriage door and the 10ft door on the alley, those elements that make a carriage house function, will remain in place. Some of the wooden panels, however, will be removed and replaced with glass in both doors, allowing the character to be maintained. Site Plan, Landscaping, and Parking: Parking for 5 cars will be provided between the carriage house and the transformer pad off the alley. The metal shed and basement stair in this area will be removed (see Special Review for Parking Reduction). The rubble stone retaining wall along the south property line will be replaced with a coursed stone wall simi1iar to the foundation wall of the house, The lowest portion of the site will be raised to approximately sidewalk level and a sunny picnic area with benches on axis with the door to the carriage house installed there. New landscaping replaces most of the small diameter trees and shrubery that have so overgrown the house. New soecimen shrubery will be installed. GMQS Exemption-Change in Use for Histotic Landmark, Special Review for Parkinq Reduction: Pursuant to Section 8~104 B,l.c. the applicant proposes to change the use of the Elisha House to office use and the carriage house to office below and residential above. Net leaseable square footage is approximately 2784 square feet of office and a 839 square foot LbedXQom apartment. J~;a} ~tH'- 28 -..., ----. ~ ~ E1 i sha House Page two The applicant is requesting an interpretation from City Council as to their intent and the applicability of the requirement for employee housing meeting the threshold required in Section 8-106 for a change in use of an Historic landmark where there is no expansion to the landmark. If Council determines that it must meet the employee housing requirement, the employee generation is as follows: 2784 SF x 3 employees/lOaD SF=8.3 employees x 60% = 5.01 employees x $11,250 / employee (middle income)= $56,383 cash in lieu. All parking can be provided on site off of the alley with a Special Review approval for a reduction from 3 spaces / 1000 SF to 1.5 spaces / 1000 SF. The requirement would be 2784 SF x 1.5 spaces / 1000 SF = 4.1 + 1 space for the 1 bedroom residential = 5 spaces. Water is supplied by a 6" galvanized water main in Main Street to a 3/4" line going to the house which serves the existing It baths, The addition of another It baths can, according to the water department, be served without upgrade to the water system. Sewer needs are served by an 8" line in the alley which is large enough for the additional demand. Historic site drainage will not be significantly altered, Parking will be gravel, and there no additional buildings and new paving is minimal. The site is immediately adjacent to all but two bus routes. The site is 3 minutes. residential 6 blocks from the fire department and response time is less than Smoke detectors shall be installed in each office space and in the unit. Solid waste removal shall be handled by a new dumpster located in the alley between the transformer and the west property line. -. NOV 8 '88 15:35 NO,COUNTY SHIPPING NOV.... 9. ~8 11Q Escondi4o Vista, CA 92084 November 4, 1988 Ks.'Roxanne !l:fl1n Historic Preservation Coordinator City of AspOIn 130 S. ~alena Straet Aspen, CO 81611 Dear MfJ. Ef1in, Re: 320 W. Main Street Aspen. co 81611 AKA tots N, 0 and P, Block 44, . City and Townsite of Aspen. Ve are tn. owners of the above descrihed property, which is known locally as ~be '.ttn-Elisha house, an Exceptional category structure i~ tne Aspen Lnventory of Historic St~uctures. The Smith-Elisha House is one of Aspen's test Queen Anne style residences with a multi-gAble front elevation, , wrap-around porch and a massive two story side bay topped by a gabled roof ~rmcr. the carriage house remains in its orig1nal condition. 10 reViewing the Standards for Landmark Designation, we fin~ the Smith-Elisha nousemeets Standards A, 8, c, E and F, a~d we request designation of the house 4nd estriage house. We also wtsh to apply fOr the necessary fO~8 to have the hou$Oil plaeed on the National bsiseer of HistoriC Places, and we wish to apply for the. designation grant in the amount of $2,000. My authorized representative hI Ramons MatkalW181 601 EO' Hyman Ave. #101 Aspen, CO 8161 303-920-1234 .1 ama'ttaching het'eto a copy af the Warranty Deed by whieh I received cit1t to subject property and will forwurd a copy of the Title Insur~nce Policy as soon as I receive 1t; we closed on this property October 14. 1988, and 1 have not yet received all documents. 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';'-~"'" ,~.. ~ .,',.:, ~(" .'1- N7SU04' II",V .~Nc.-e.J<O.""e.. ?!O,e.'VAL.Ir'- I_IN"'- 3,zO(vl}MAIN ...._~~:;r.~"f2L-AKL ~____,_ ~..~_.._. . ..R~___.__".__ -* <s-reer c>". ~u,l2~ 0ieE.ET t?, .:". .- ~) '..."".'. ~~ ) --"" , t""> t""> PZMl.l7.89 to move that we table this--let's look at these problems with the setbacks. I am concerned about that. Jasmine seconded the motion with all in favor. Welton: I will continue the public hearing until the 2lst of February. SMITH/ELISHA HOUSE CMOS EXEMPTION Welton and Jim stepped down from this due to possible conflict of interest. Vice Chairman Jasmine Tygre opened the public hearing. Roxanne made presentation as attached in record. Jasmine: On GMP projects there was a time when it was established that all applicants be prepared to provide for low income or restrict any housing that they creAted to low income guidelines until or unless advised otherwise by the Housing Authority. This is a different situation but in the absence of other information as to what kind of--we don't really know what kind of office it is going to be or what kind of employee generation. It seems to me there should be some kind of standard way to apply this for change in use. I think there should be some kind of criteria established for this so that we are not just saying we think they are going to be hairdressers or brain surgeons. Because we really don't have any rational for making those decisions. Roxanne: We pretty well know from the type of the project and the renovation project that it is going to be professionals that are going to be occupying the space. That is something that we recommend in here is that maybe we need to look at the kinds of office space instead of as the Housing Authority was suggesting what their income category as the type of support staff. In other words they were looking at all of the employees that would be generated by the project in the lowest level income and basing their calculations on that. Since there is no standard right now in place that is something we need to be looking at. Jasmine: There is also a difference between what happens when an applicant provides employee housing and is going to deed restrict it as opposed to when they are going to make a payment of cash- l7 < . I""'. I""'. --J PZMl.l7.89 very concerned. The other 2 properties are rental units that I rent out to the locals here year around and some of them have children so I am very concerned about the traffic from that property. I hope you consider the neighbors. Joe Wells: The first condition is fine as written. members have really touched on the issues in regard to the second condition. Obviously we were concerned about the cost of relocating the transformer. Apparently there is a need to maintain at least 3ft of clearance all the way around the transformer. The Engineering Department described on alternative being a buried vault as a way to find a location fo the transformer. It seemed as if this could get to be aver expensive kind of solution. The minimum requirement with special review would be 4 spaces. We think that at 5 spaces you may be able to find that. Tha would be acceptable. #4 obviously we need the waiver given th number of spaces that we have. And on #5 we would simply like to strengthen the language to make it clear that if there is a code amendment to grant exaction waiver on certain provisions for historic landmarks. We would like to be eligible for it if it is adopted up until the time that we get CEO for the project. t, ~oui~~, :r;efo~n~e~~t~~Ve ItodO~~ t~eee f::; r:ar~~;b~neo: ;~~~ that myself. But you would have to pay at the time the building permit is issued. It is an administrative policy. The key to you folks is to agree that they be eligible because normally they would be subject to the rules in affect at the time that they are approved at the time they that they get a building permit this kind of retroactive provision I think is appropriate here. Roger: That should be included in your final paragraph. Or our recommendation that is included in your final paragraph to minimize the exactions. /) ..,p Alan: By the action that we are recommending. That really does minimize in every way. It is the minimum number of parking spaces, no cash-in-lieu of the parking, the minimum level of cash-in-lieu for housing that we can apply. So we have accomplished that. Roger: But your final paragraph we recommend that they P&Z Commission include in this motion the statement that the applicant shall be eligible for consideration in a reduction of City exactions specific to and so on and so on. 20 t""': '-'. J PZMl.l7.89 Jasmine: We have already done that. MOTION J I move to approve the GMQS exemption for the for the in use of the Smith/Elisha House and approving the special rev~ew for parking reduction with the following conditions: n being the same as in Planning Office memo dated January l7, 1989. #2 being deleted. #3 which will be the new #2. #4 which will be the new #3 being the same as in the memo. #5 being the new #4 being the same with the addition of the notation that it is to minimize the cost on the historic landmark. Then a final paragraph including the sentiments of the final paragraph in the Planning Office memo dated January l7, 1989 more or less verbat' ichael: One suggestion that we add to condition # new 2 that there be no requirement to go to the Board of Adjustment regarding the compact cars. Roger: Add to the new condition #2 which is that the 2 parking spaces directly to the north of the main structure's rear stairs e designated for compact cars only eliminating the need to emolish this historic architectural feature and further that there is no need to go to the Board of Adjustments in pursuit of this. seconded the motion. Jasmine asked for explanation of the final paragraph. Alan: If the code amendment goes through and it turns out that the project like this will be eligible to be lOOt exempt from the housing fee at all, normally since they have already gotten the building permit, it is like "Well; you should have waited. If ou would have waited for the code amendment to be processed the you would have been eligible under that new code." What we ar suggesting is because these things are kind of simultaneously tracking then we recognize that this applicant should be eligible in effect for a rebate. ~ouncil would have to formally grant that rebate because the applicant wants to go forward within the next month or two. The code amendment won't go to Council until the end of March. eme: Asked Mrs White if she had any suggestions regarding h concern about the parking. ,) - Mrs. White: That there be as few as possible. It is very difficult especially with the build up of snow to get in and out of that alley. And now that it is designed to go straight instead of at an angle. Coming out of there at a straight angle 2l ~. ~ .... " J ~C):; .;.,..'.-' ::,:/". .,.- J ,-., is just going to be--already which I have had to repair. and I would like to avoid it ,-, PZMl.17.89 I have had people know down my fence We have just had a lot of problems as much as possible. now eliminated some parking on the stopping out there. We just need Unfortunately the City has Main street because of RFTA that space on Main street. Jasmine as for further discussion on the motion. All voted in favor of the motion. Meeting was adjourned. Time was 6:15pm. J~~i~~-M~-car~~y~-citY-D~puty-clerk 22 ~ ().", l'f) ~ \ I- { Receflllo. No. Recorded at 1q $0 . Recorder. o'clock _r--,., ,-., , .: WARRANTY DEED THrs DEED, Made Ihis 11th day of October between THE FCXJRrH PARTY, IN:::. ,1988 a corporation duly organized and existing under and by virtue of the laws of the Stale of California , graolor, and Alan J. Shada and Ja~line G. Sh..'1da, Husband and Wife, as Coom.mit Property, as to an undivided 58.4108%; and, Warmlan Highlands, a General Partnership, as to an 1,Il'\c;li vid who~~~?a?~~\isr.ndp~6:1~~ ~61~~a~~s~,t8a~n u9~b~3ded .9935% of the 'Counly of , Stale of Colorado, granlee: wrTNESSETH, Thatthc granlor, for and in eonsider.lion of Ihc slim of :.ren Dollars and other good and valuable consideration DOLLARS, the receipt and sufficiency of which is hereby acknowledged, has granted, hargained. sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee, his heirs and assigns forever. all the real property. together with improvemenlS, if any, siluale. lying and heing in the Counlyof Pitkin Slale of Colorado. descrihed as follows: Lots N,O and P, Block 44, City and T=nsite of Aspen, County of Pitkin, State of Colorado. also known by Sfreel and numher as: 320 West Main Street, lIspen, Colorado 81611 TOGETHER with all Bnd singular the hereditaments nnd appurtenances thereto helonging. or in anywise appertaining. and the reversion and reversions.. remainder and remainders. rents. issues and profits thereof, and all the estate. right, title. interest. claim and demand whatsoever of the grantor, either in law or equily. of. in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE ANbro lIoLn rhe said premises above hargained .md dcscrihcd with the Rflpurtenances. unto the grantee. his heirs and assigns forever; And the grantor. for Itself. and Its successors, docs covenant. grant, h~\rgain and agree to and with the granlee, his heirs and assigns. Ihat at the time oflhe ensealing and dcli\'Cry of these presents. il is well seized of the premises above conveyed, has good. sure, perfect. absolute and indefeasible estafe of inhcrit;.lOce, in law. in fee simple, :md has good right, full power and authority to grant. bargain. sell and convey the same in manner and roml as lIforcsaid. and that the same are free and clear from all former and other granfs, bargains, sales, liens, taxes, assessmenls, encumbrances and restrictions of whalever kind or nature soever, excepl The granlor shall and will WARRANT AND FOREVER DEFEND Ihe above-bargained premises in the quiet and peaceable possession of the granlee. his heirs and assigns, agilinsl all and every person or persons hlWfully claiming the whole or any part Ihereof. The singular numher shall include the plural, the phmd the singul:lr, and Ihe use of uny gender shall he applicable (0 all genders. IN WITNF..sS WHEREOF. The gr.nlor has callsed ils eorpoMe name 10 be hereunlo subscrihed by its =ent Presldenl. and its corporate seal 10 he hereunlo affixed. all"'i9<YWYs filytpljrj. Ihe day and year firsl above writlen. Attest: TheJ!1 SeC"lary By ~ P~'ty, STATE OF tN-Irl.M.6 California C,,"r.ty of San Diego } ss. The foregoing insfrument was acknowledged before me this Parrela A. Murphy . 11th .19 88 Presid~;H 'f#Ny day of October as current N by /djl of The Fourth Party, Inc. . ... ....... My commission expires March 29, 1991 Witness my hand and official seal. a corporal ion. mu Mary Sharin6~bJiC , OFFICIAL SEAL MARY 8. SHANNON Notary Publlc-Callfornla -.. sert 66t1fllli.\lG COUNTY - .... - ..---.---.. .-.--...... My Comm.-exp; -Miir.2lf19!ll .dLIt..N~KD4IJ. J l- n,adfUld Puhlishing. 5825 W. 6lh Ave" l.lIkewood. co SOUt _ (30l) 2)].69(11) .." ~ )' :..ALt- e( d~ ,. I e uz/"- UMM 'He#!... _._, ....W EJ ...j'. o , ."" 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