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Home My WebLink AboutLand Use Case.320 W Hallam St.HPC020-02r -..................................7 320 W. Hallam- Historic Lot Split - 2735-124-23-006 HPC020-02 - i 94:9* - i H . 7 .. CASE NUMBER HPC020-02 PARCEL ID # 2735-124-23006 CASE NAME 320 W. Hallam Historic Landmark Lot Split PROJECT ADDRESS 320 W. Hallam PLANNER Amy Guthrie CASE TYPE Historic Landmark Lot Split, Variances, GMQ OWNER/APPLICANT Anton Uhl REPRESENTATIVE Haas Land Planning DATE OF FINAL ACTION 10/28/02 CITY COUNCIL ACTION ORD 36-2002 PZ ACTION ADMIN ACTION APPROVED BOA ACTION DATE CLOSED 12/06/02 BY D DRISCOLL .. + I. e....... I . 0' 4, f . 1 . S .â€¢ A -I 1. ./ ./ 0 . i. 1 % .- PARCEL ID: 2735-124-23006 ~ DATE RCVD: 7/29/02 # COPIES:- ~ CASE NO HPC020-02 [ CASE NAME:|320 W. Hallam Historic Landmark Lot Split ( PLNR: Amy Guthrie i 1 PROJ ADDR:|320 W. Hallam ~' CASETYP: Historic Landmark Lot SPR,Y,Ele] STEPS; , OWN/APP:IAnton Uhl ~ ADR 2455 Emma Road C/S/Z:!Basalt/CO/81621 ~ PHN: 927-8636 I REP:IHaas Land Planning ADR: 201 N. Mill St., ste 108 ' C/S/Z:~Aspen/CO/81611 , PHN: 925-7819 FEES DUE:11205 D ( FEES RCVE)11205 STAT: ED REFERRALS *. *li' REF:_ ~ ' Bl ~ ouei 1 . .............,Ip .1.11. 1 ... MTG DATE REV BODY PH NOTICED .... 9///14 1 -4-â€žm--,w--w--.J DATE OF FINAL ACTION: po~ 0-8'~06 CITY COUNCIU O 2 0 3*. 2 COZ | REMARKS pz: 1 BOA: CLOSED: 11.~ U ~01| BY: D De{3(04 DRAG: PLAT SUBMITD: | 1 PLAT (SK,PG): ~ t ADMIN: Apig~2O*fl_J . 1, t 0 11 11111111111111111111 475980 Page: 1 of 5 12/12/2002 09:43A SILLIA DAVIS FITKIN C)UNTY uO R 26.00 D 0.00 SUBDIVISION EXEMPTION AGREEMENT FOR THE UHL HISTORIC LANDMARK LOT SPLIT THIS SUBDIVISION EXEMPTION AGREEMENT (hereinafter "Agreement") is made and entered into this / a day of 524. , 2002 by and between THE ESTATE OF MARGERETE A. UHL (hereinafter"Owner") and THE CITY OF ASPEN, A MUNICIPAL CORPORATION (hereinafter "City"). WITNESSETH: WHEREAS, Owner owns that certain real property (the "Property") located at 320 and 304 West Hallam Street and more particularly described as Lots N, O, and P, Block 42, City and Townsite of Aspen, State o f Colorado (Pitkin County Parcel Identification Number 2735-124-23-006); and ~ WHEREAS, on October 28,2002, the City Council of the City of Aspen granted approval of a subdivision exemption for a historic landmark lot split on the Property pursuant to the procedures and standards set forth in Title 26 0 f the Aspen Municipal Code to place a lot line between Lot P and Lots N and O, resulting in a 3,000 square foot ; Lot P and a 6,000 square foot Lots N and O; and WHEREAS, the approval o f the historic landmark lot split was conditioned upon Owner complying with certain requirements outlined in Ordinance No. 36, Series of 2002, including entering into a Subdivision Exemption Agreement for the Property; and WHEREAS, Owner has submitted to the City, for approval, execution and recordation, a plat for the Property (the "Plat") and the City agrees to approve, execute and record the Plat (Owner shall pay all applicable recordation fees) on the agreement of the Owner to the matters described herein; and WHEREAS, the City has imposed conditions and requirements in connection with its approval, execution, and acceptance of the Plat, which matters are necessary to protect, promote and enhance the public health, safety and welfare, and the Owner is prepared to enter into a Subdivision Exemption Agreement incorporating such conditions and requirements. NOW, THEREFORE, in consideration of the mutual covenants contained herein and the approval, execution, and acceptance o f the Plat for recordation by the City, it is agreed as follows: 1. Acceptance of Plat. Upon execution of this Agreement by all parties hereto, and upon approval of the final plat by the Engineering Department and the Community Development Director, the City agrees to approve and execute the final plat for subdivision exemption for the historic landmark lot split submitted herewith, which conforms to the requirements of Chapter 26.480 and all other applicable requirements of 1 91 111 1111 1 1 111 111 lilli I ~175980 1~page: 2 of 5 1| 12/12/2002 09:43A SILFIA [,-VIS PITKI COU; TY CO R 26.00 0 0.00 the Aspen Land Use Code. Said Plat and this Agreement shall be recorded (Owner pays all applicable recordation fees) in the Office of the Pitkin County Clerk and Recorder within 180 days o f October 28,2002 (the day Ordinance No. 36, Series of 2002 was approved). 2. Required Plat Notes. At a minimum, the Plat shall contain the following notes: a. No further subdivision of the subject properties may be granted nor will additional units be built without receipt of applicable approvals pursuant to the provisions of the Land Use Code in effect at the time of application. b. All new development on the subject lots will conform to the dimensional requirements o f the R-6 zone district, with the exception o f the variances approved by the Historic Preservation Commission (HPC) under Resolution Number 32, Series of 2002. Notwithstanding the foregoing, an applicant for new development on the subject lots has the rights afforded under the Land Use Code to request variances from the dimensional requirements o f the zone district from an entity with the authority to hear and decide upon such requests. c. Owner and future owners of the Pan Abode structure located on Lot P, Block 42, City and Townsite o f Aspen, will not apply for a building permit to demolish said structure at any time, an agreement reached in recognition o f (but not specifically in exchange for) HPC's approval of a 500 square foot floor area bonus as part of this lot split. d. The 3,000 square foot lot (Lot P) shall be entitled to 1,500 square feet of FAR floor area, and the 6,000 square foot lot (Lots N and O) shall be entitled to 3,080 square feet o f FAR floor area. e. The HPC has approved, under Resolution Number 32, Series of 2002, a 500 square foot FAR bonus (already reflected in the FAR limits established under note " 1 a," above), al' west side yard setback variance for the Victorian, a3' west side yard setback variance and a 4' rear yard setback variance for a shed that is located along the alley, 5' rear yard setback variances for two other sheds that are located along the alley and a 4' east side yard setback variance for the easternmost of these sheds, a 2' west side yard setback variance for the Pan Abode, and a 2' combined side yard setback variance for the Pan Abode. 3. Historic Designation. Owner hereby agrees to the inclusion o f the Pan Abode structure on Lot P in the assessment o f significance for the already landmarked Property. The Aspen Inventory o f Historic Landmark Sites and Structures Form for 320 West Hallam Street shall be amended to recognize both the Victorian home and the Pan Abode as contributing historic structures. All development on the Property is subject to review by the Historic Preservation Commission pursuant to Section 26.415 of the Municipal Code. 4. Subdivision. No further subdivision of the Property may occur without receipt of applicable and required approvals pursuant to Chapter 26.480 0 f the Aspen Land Use Code (hereinafter "Code") and growth management allocation pursuant to Chapter 26.470 0 f the Code, unless the Code is amended in a manner that otherwise 2 m 111 11111 1111111111111 4~80 Pag~ 3 of 5 12/12/2002 09:43A SILVIA CÂ¢-4.S FITKI COUNIY C) R 26.00 D 0.00 allows for further subdivision. Similarly, no additional dwelling units may be constructed on the Property without receipt of applicable and required approvals. 5. Development Potential. The historic landmark lot split results in two (2) lots, one of 3,000 square feet (Lot P) and another of 6,000 square feet (Lots N and O). The maximum combined development potential shall not exceed three (3) principal dwelling units, which may be comprised of a duplex (or two-detached single-family homes on the 6,000 square foot lot) and a single-family home on the 3,000 square foot lot pursuant to Section 26.480.030(A)(2)(g) o f the Code. It is noted, however, that locating a second detached single-family home on the 6,000 square foot lot would require conditional use approval from the Planning and Zoning Commission. In addition, any new development on either lot will require review of and approval from the HPC. 6. Future Development. The subject lots are exempt from the scoring and competition procedures o f the Growth management Quota System (GMQS) pursuant to Section 26.470.070(C) of the Code. Further, accessory dwelling units or cash-in-lieu fees shall not be required on or of the subject properties pursuant to Section 26.420.020 of the Code. Any new development on the Property will conform to the dimensional requirements o f the R-6 zone district unless a variance(s) has been approved by an entity having the authority to do so. The Property is designated as an historic landmark and must receive Historic Preservation Commission (HPC) approval for all future development (except development limited to the interior of a building(s)) in accordance with Chapter 26.420 of the Code. 7. Material Representations. All material representations made by the Owner on record, whether in public hearings or in documentation presented before City Council, shall be binding upon the Owner. 8. Enforcement. In the event the City determines that the Owners are not in substantial compliance with the terms of this Agreement or of the Final Plat, the City may serve a notice of noncompliance and request that the deficiencies be corrected within a period of forty-five (45) days. In the event the Owners believe that they are in compliance or that the noncompliance is insubstantial, the Owners may request a hearing before the City Council to determine whether the alleged noncompliance exists or where any amendment, variance, or extension o f time to comply should be granted. On request, the City shall conduct a hearing according to its standard procedures and take such action as it deems appropriate. The City shall be entitled to all remedies at equity and at law to enjoin, correct and/or receive damages for any noncompliance with this Agreement. 9. Notices. Notices to the parties shall be sent in writing by U.S. certified mail, return receipt requested, postage prepaid, Such notices shall be deemed received, if not sooner received, three (3) days after the date o f the mailing of the same. 3 . 11 111111111 lilli 11,111 lili 12/12/2002 09:4 475980 Page: 4 of 5 S-LV.A DAkiS Pi-K-N COUNTY CO R 26.00 D 0.00 To the Owner: The Estate of Margarete A. Uhl c/o Shane Harvey, Esq. Holland & Hart, LLP 600 East Main Street Aspen, CO 81611 To the City: City Attorney City of Aspen 130 South Galena Street Aspen, CO 81611 10. Binding Effect. The provisions of this Agreement shall run with and constitute a burden on the land and shall be binding upon and inure to the benefit o f the Owners, their successors and assigns, and to the City and its successors and assigns. 11. Amendment. This Agreement may be altered or amended only by written instrument executed by all parties hereto, with the same formality as this Agreement was executed. 12. Severability. If any provision of this Agreement is determined to be invalid, such invalidity shall not affect the remaining provisions hereof. IN WITNESS WHEREOF, the parties hereto have executed this Subdivision Exemption Agreement the day and year first written above. OWNER: THE ESTATE OF MARGARETE A. UHL \ 1 I Anton Uhl, Co-Personal Repre}endtive Julie Grant, Co-P~al Representative APPROVED: /72Â¢0 *1A1Â» 46hlr-TR-~emorrcity Attorney 4 4 I ll 11111111111111 lili 111 lilli lili lili 75980 ~~age: 5 of 5 12/12/2002 09:43A S.LVIA DA\,IS PITKlN COUNTY CO R 26.00 D 0.00 THE CITY OF ASPEN, COLORADO ATTEST: a municipal corporation By'. /r-1--/'1:216:"f'#iri'"...-- By: Hefen Kafin Klanldrud, Mayor Kathryn ~och, City Clerk STATE OF COLORADO ) ) SS. COUNTY OF PITKIN ) The foregoing was sworn and subscribed to before me this 3rd day of 4 -1 GENE b,t;141,1, '326CZ.-Â·Ac,eg_ , 2002, by Anton Uhl, Co-Personal Representative for the Es*,Al:......~0043% Margarete A. Uhl. zy -9,Â·. -~~~ 4- i : 25 9.0 iso Witness my hand and official seal. I E (D 4 .~-0 t ;O My commission expires Z.\09 \el. Â· / 21 0 ' I." Noti757-Public STATE OF â‚¬â‚¬*ORXD O ) Ca\itor aid QL) ss. COUNTY OFF+TieRA ) k)apa- el-- The foregoihg was sworn and subscribed to before me this ~- day of DeÂ£e.inbe,r , 2002, by Julie Grant, Co-Personal Representative for the Estate of Margarete A. Uhl. Witness my hand and official seal My commission expires Â¥Eb. 16\/ 10bl . 0 1-4/,LP~Up QD/~*/RAn,L 196~arÂ¥.kW.~ ~ AP;jIA GRACIELA CALDERON v .1 4CIG Commission # 1253546 - STATE OF COLORADO ) 5 EfEN-:~,t 3 Notary Public - California ) SS. Len:411 - Napa County Â·- - j \LAv COUNTY OF PITKIN ) MyComm.BiptesFeb 14,2004 -33~3'~<Tmlw'~PnfFfy=~Ucf 746*7.lw'#519=~6J#w<Fv The foregoing was sworn and subscribed to before me this 11-111 day of D-.oem bar , 2002, by Helen Kalin Klanderud and Kathryn Itoch, as Mayor and City Clerk, respectively, of the City o f Aspen, a Municipal Corporation. -- ---- 210.,.Â·Â· '--SA'YA Witness my hand and official seal. ......14 My commission expires 4~/#*03 Â· Lt,;Â£,u - i JACKI E ~: A:t LOTH/AN /3 0(tary Public 74>- .,to c:My Documents\City Applications\Uhl SEA P COLORE 5 tâ€¢'11,1,1/I ch.#MNNIMb.Am-9 IM M | M Mvi| - 09:54A Pa'CE: 1 of 4 SILVIA DAVIS FI-KIN COUNTY CO R 21.00 D 0.00 ORDINANCE NO. 36 (Series of 2002) AN ORDINANCE OF THE ASPEN CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, TO GRANT APPROVAL FOR A SUBDIVISION EXEMPTION FOR AN HISTORIC LANDMARK LOT SPLIT AT 320 W. HALLAM STREET, LOTS N, O, AND P, BLOCK 42, CITY AND TOWNSITE OF ASPEN PARCEL ID#: 2735-124-23-006 WHEREAS, pursuant to Sections 26.480.030(A)(2) and (4), Section 26.470.070(C), and Section 26.415.010(D) of the Municipal Code, a Historic Landmark Lot Split is a subdivision exemption subject to review and approval by City Council after obtaining a recommendation from the Historic Preservation Commission (hereinafter HPC); and WHEREAS, the applicant, Anton Uhl, owner of 320 W. Hallam Street, Lots N, O, and P, Block 42, City and Townsite of Aspen, has requested approval to split a 9,000 square foot parcel into one 6,000 square foot parcel and one 3,000 square foot parcel; and WHEREAS, the Community Development Department has reviewed the application and recommends approval of the Historic Landmark Lot Split; and WHEREAS, the HPC reviewed the request for the historic lot split at a properly noticed public hearing on August 28,2002 and recommended approval; and WHEREAS, the Aspen City Council has reviewed and considered the subdivision exemption under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered those recommendations made by the Community Development Department, and the HPC, and has taken and considered public comment at a public hearing; and WHEREAS, the City Council finds that the Historic Landmark Lot Split meets or exceeds all applicable development standards of the above referenced Municipal Code sections; and WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the public health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: . -(-lilli 11 lilli%lilli 475981 Page: 2 of 4 12/12/2002 09:54A Secrtion 1 SILLIA CAWS FIT"IN SJU--TY CO R 21.00 D 0.00 Pursuant to Sections 26.480.030(A)(2) and (4), Section 26.470.070(C), and Section 26.415.010(D) of the Municipal Code, and subject to those conditions of approval as specified herein, the City Council finds as follows in regard to the subdivision exemption: 1. The applicant's submission is complete and sufficient to afford review and evaluation for approval; and 2. The subdivision exemption is consistent with the purposes of subdivision as outlined in Section 26.480 of the Municipal Code, which purposes include: assist in the orderly and efficient development of the City; ensure the proper distribution of development; encourage the well-planned subdivision of land by establishing standards for the design of a subdivision; improve land records and survey monuments by establishing standards for surveys and plats; coordinate the construction of public facilities with the need for public facilities; safeguard the interests o f the public and the subdivider and provide consumer protection for the purchaser; acquire and ensure the maintenance of public open spaces and parks, provide procedures so that development encourages the preservation of important and unique natural or scenic features, including but not limited to mature trees or indigenous vegetation, bluff, hillsides, or similar geologic features, or edges of rivers and other bodies of water, and, promote the health, safety and general welfare of the residents of the City of Aspen. Section 2 Pursuant to the findings set forth in Section 1, above, the City Council does hereby grant an Historic Landmark Lot Split subdivision exemption for 320 W. Hallam Street with the following conditions: 1. A subdivision plat and subdivision exemption agreement shall be reviewed and approved by the Community Development Department and recorded in the office of the Pitkin County Clerk and Recorder within one hundred eighty (180) days of final approval by City Council. Failure to record the plat and subdivision exemption agreement within the specified time limit shall render the plat invalid and reconsideration of the plat by City Council will be required for a showing of good cause. As a minimum, the subdivision plat shall: a. Meet the requirements of Section 26.480 of the Aspen Municipal Code; b. Contain a plat note stating that no further subdivision may be granted for these lots nor will additional units be built without receipt of applicable approvals pursuant to the provisions of the Land Use Code in effect at the time of application; 475981 12/12/2002 09:54A Page: 3 of 4 SILVIA DAVIS PITKI COUNTY CO R 21.00 0 0.00 c. Contain a plat note stating that all new development on the lots will conform to the dimensional requirements of the R-6 zone district, except the variances approved by the HPC. d. Contain a plat note stating that neither the current owner, nor any future owner of the Pan Abode located on Lot P, Block 42, City and Townsite of Aspen, will apply for a building permit to demolish the structure at any time, an agreement reached in recognition of HPC's approval of a 500 square foot floor area bonus as part of this lot split. e. Contain a plat note stating that the FAR on the two lots created by this lot split shall be allocated as follows: Lot N and O shall receive 3,080 square feet and Lot P 1,500 square feet. f. Contain a plat note stating that the HPC has approved a 500 square foot FAR bonus, a 1 'west sideyard setback variance for the Victorian, a 3' west sideyard setback variance and a 4' rear yard setback variance for a shed that is along the alley, 5' rear yard setback variances for two other sheds that are located along the alley and a 4' east sideyard setback variance for the easternmost of these sheds, a 2' west sideyard setback variance for the Pan Abode, and a 2 foot combined sideyard setback variance for the Pan Abode. Section 3 The applicant has agreed to allow the inclusion of the Pan Abode in the assessment of the significance of this already landmarked property. The Historic Structures Inventory Form for 320 W. Hallam Street has been amended to recognize both the Victorian home and the Pan Abode as contributing historic structures. All development of this property is subject to review by the Historic Preservation Commission subject to Section 26.415 of the Municipal Code. Section 4 This Ordinance shall not have any effect on 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 5 If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any 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. 475981 0 1 l i lli l i li lilli 1111111'T 1 12/12/2002 09:54A Page: 4 of 4 S.LVIA DR&.S FITKIN COUNTY CO R 21.00 D 0.00 Section 6 A public hearing on the Ordinance was held on the 28th day of October, 2002, in the City Council Chambers, Aspen City Hall, Aspen Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on the 23rd day of September, 2002. ~ nA ATTEST: i #of23, Helen fali?k QlarNitrud, Mayor F <'-f/lwillilill/.6 1%22.5 ~~ 44; h, City Clerk 1 ro Â£ .6.RIA' 00* .ul %1)00'1 FINALLY, adopted, passed and approved this 28th day of October, 2002. -1 1( 9 -1-66- 4athrUE 16*h, City Clerk Approved as to form: /14(1 inui:L .fkliTED. Worcester City Attorney 0 0 Villa- MEMORANDUM TO: Mayor Klanderud and City Council A -/ S THRU: Julie Ann Woods, Community Development Directo>*' u Joyce Ohlson, Deputy Planning Director / c ) FROM: Amy Guthrie, Historic Preservation Officer 0 RE: 320 W. Hallam Street- Historic Landmark Lot Split, Second Re*ling of Ordinance #36, Series of 2002 DATE: October 28,2002 SUMMARY: This property is listed on the "Aspen Inventory of Historic Landmark Sites and Structures" and contains a Victorian home and a Pan Abode home. HPC has recommended that Council approve a Historic Landmark Lot Split which will subdivide the parcel into one 6,000 square foot lot with the Victorian house on it, and one 3,000 square foot lot with the Pan Abode on it. As part of the HPC review, the applicant proposed to voluntarily allow the designation of the Pan Abode as a historic structure in exchange for an FAR bonus, which HPC formalized through a condition stating that no demolition permits could be pulled on that structure. For the Council Ordinance, this has been addressed instead by simply clarifying, in Section 3, that the Pan Abode contributes to the historic significance of this site. Demolition o f any buildings on the property would require the approval o f HPC. APPLICANT: Anton Uhl, owner, represented by Haas Land Planning, LLC. PARCEL ID: 2735-124-23-006. ADDRESS: 320 W. Hallam, Lots N-P, Block 42, City and Townsite of Aspen, Colorado. ZONING: R-6 (Medium Density Residential). CURRENT LAND USE: 9,000 sq. ft. lot containing a Victorian Home, a Pan Abode home, and three non historic sheds. HISTORIC LANDMARK LOT SPLIT In order to complete a Historic Landmark Lot Split, the applicant shall meet the following requirements of Aspen Land Use Code: Section 26.480.030(A)(2) and (4), Section 26.470.070(C), and Section 26.415.010(D.) 1 OCT 3 1 2002 R ENED .. 26.480.030(A)(2), SUBDIVISION EXEMPTIONS, LOT SPLIT The split of a lot for the purpose of the development of one detached single-family dwelling on a lot formed by a lot split granted subsequent to November 14, 1977, will be approved where all of the following conditions are met: a) The land is not located in a subdivision approved by either the Pitkin County Board of County Commissioners or the City Council, or the land is described as a metes and bounds parcel which has not been subdivided after the adoption of subdivision regulations by the City of Aspen on March 24, 1969; and Staff Finding: The property is part of the historic townsite and has not been previously subdivided. b) No more than two (2) lots are created by the lot split, both lots conform to the requirements of the underlying zone district. Any lot for which development is proposed wit! mitigate for affordable housing pursuant to Section 26.100.040(A)(1)(c). Staff Finding: This proposal will create one 6,000 square foot lot, and one 3,000 square foot lot, each of which will meet or exceed the 3,000 square foot minimum set for Historic Landmark Lot Splits. Council has recently adopted new benefits for historic properties, pursuant to Section 26.420 of the Municipal Code, which states that affordable housing mitigation will not be required for properties created through a historic landmark lot split. c) The lot under consideration, or any part thereof, was not previously the subject of a subdivision exemption under the provisions of this chapter or a "lot split" exemption pursuant to Section 26.100.040(C)(1)(a); and Staff Finding: The land has not been subdivided previously. d) A subdivision plat which meets the terms of this chapter, and conforms to the requirements of this title, is submitted and recorded in the office of the Pitkin County clerk and recorder after approval, indicating that no further subdivision may be granted for these lots nor will additional units be built without receipt of applicable approvals pursuant to this chapter and growth management allocation pursuant to Chapter 26.100. Staff Finding: The subdivision plat shall be a condition of approval. It must be reviewed by the Community Development Department for approval and recordation within 180 days of final land use action. 2 .. e) Recordation. The subdivision exemption agreement and plat shall be recorded in the office of the Pitkin County clerk and recorder. Failure on the part of the applicant to record the plat within one hundred eighty (180) days following approval by the City Council shaH render the Fiat invalid and reconsideration of the plat by the City Council will be required for a showing of good cause. Staff Finding: The subdivision exemption agreement shall be a condition of approval. D In the case where an existing single-family dwelling occupies a site which is eligible for a lot split, the dwelling need not be demolished prior to application for a lot split. Staff Finding: No dwelling unit is located in a manner that necessitates its demolition in order to split the lot, nor is demolition of any unit planned for the future. g) Maximum potential buildout for the two (2) parcels created by a lot split shall not exceed three (3) units, which may be composed of a duplex and a single-family home. Staff Finding: The parcel currently contains two detached dwelling units. The proposal does not include any additional units on the site, however the maximum potential build out for this site is three detached units. The 3,000 square foot parcel is permitted to contain one detached dwelling unit. The 6,000 square foot parcel may be permitted to contain two detached dwelling units, with further reviews. 26.480.030(A)(4), SUBDIVISION EXEMPTIONS, HISTORIC LANDMARK LOT SPLIT The split of a lot that is listed on the Aspen Inventory of Historic Landmark Sites and Structures for the development of one new single-family dwelling may receive a subdivision exemption if it meets the following standards: a. The original parcel shall be a minimum of six thousand (6,000) square feet in size and be located in the R-6, R-15, R-15A, RMF, or O zone district. Staff Finding: The subject parcel is 9,000 square feet and is located in the R-6 Zone District. b. The total FAR for both residences shall be established by the size of the parcel and the zone district where the property is located. The total FAR for each lot shall be noted on the Subdivision Exemption Plat. In the Office zone district, the following shall apply to the calculation of maximum 11oor area for lots created through the historic landmark lot split. Note that the total FAR shall 3 .. not be stated on the Subdivision Exemption Plat because the floor area will be affected by the use established on the property: If all buildings on what was the fathering parcel remain wholly residential in use, the maximum floor area will be as stated in the R-6 zone district. If any portion of a building on a lot created by the historic landmark lot split is in commercial/office use, then the allowed noor area for that lot shall be the noor area allowed for all uses other than residential in the zone district. If the adjacent parcel created by the lot split remains wholly in residential use, then the floor area on that parcel shall be limited to the maximum allowed on a lot of its size for residential use according to the R-6 standards. If there is commercial/office use on both newly created lots, the maximum foor area for all uses other than residential in the zone district will be applied. Staff Finding: The two lots will be used wholly for residential purposes. The maximum floor area for the original parcel, containing a historical landmark in an R-6 zone, is 4,080 square feet. The applicant has received HPC approval for a 500 square foot FAR bonus and has determined that the FAR shall be allocated as follows: 3,080 square feet to Lot N and O, which contains the historic Victorian house, and 1,500 square feet to Lot P, which contains the Pan Abode house. The existing historic Victorian house on Lot N and O is approximately 1,858 square feet in size leaving an expansion potential of 1,222 square feet. The Pan Abode structure on Lot P is approximately 600 square feet in size, leaving an expansion potential of 900 square feet. There are currently no specific plans for expansion of either structure. The FAR bonus was awarded by the HPC as a result of the applicant's offer to allow the designation of the Pan Abode as a historic structure. A note stating that the house will not be demolished is to be included on the plat, and the attached ordinance contains language recognizing the inclusion of the Pan Abode in the significance of this already landmarked property. c. The proposed development meets all dimensional requirements of the underlying zone district. The variances provided in Section 26.415.120(B)(1)(a),(b), and (c) are only permitted on the parcels that will contain a historic structure. The FAR bonus will be added to the maximum FAR allowed on the original parcel. Staff Finding: The HPC has granted setback variances to accommodate the existing buildings in their current locations. RECOMMENDATION: 4 .. Staff and HPC recommend that Council approve the request for a Historic Landmark Lot Split at 320 W. Hallam Street, Lots N-P, Block 42, City and Townsite of Aspen, Colorado, with the following conditions: 1. A subdivision plat and subdivision exemption agreement shall be reviewed and approved by the Community Development Department and recorded in the office of the Pitkin County Clerk and Recorder within one hundred eighty (180) days of final approval by City Council. Failure to record the plat and subdivision exemption agreement within the specified time limit shall render the plat invalid and reconsideration of the plat by City Council will be required for a showing of good cause. As a minimum, the subdivision plat shall: a. Meet the requirements of Section 26.480 of the Aspen Municipal Code; b. Contain a plat note stating that no further subdivision may be granted for these lots nor will additional units be built without receipt of applicable approvals pursuant to the provisions of the Land Use Code in effect at the time of application; c. Contain a plat note stating that all new development on the lots will conform to the dimensional requirements of the R-6 zone district, except the variances approved by the HPC. d. Contain a plat note stating that neither the current owner, nor any future owner of the Pan Abode located on Lot P, Block 42, City and Townsite of Aspen, will apply for a building permit to demolish the structure at any time, an agreement reached in recognition of HPC's approval of a 500 square foot floor area bonus as part of this lot split. e. Contain a plat note stating that the FAR on the two lots created by this lot split shall be allocated as follows: Lot N and O shall receive 3,080 square feet and Lot P 1,500 square feet. f. Contain a plat note stating that the HPC has approved a 500 square foot FAR bonus, a 1 'west sideyard setback variance for the Victorian, a 3' west sideyard setback variance and a 4' rear yard setback variance for a shed that is along the alley, 5' rear yard setback variances for two other sheds that are located along the alley and a 4' east sideyard setback variance for the easternmost of these sheds, a 2' west sideyard setback variance for the Pan Abode, and a 2 foot combined sideyard setback variance for the Pan Abode. 2. The applicant has agreed to allow the inclusion of the Pan Abode in the assessment of the significance of this already landmarked property. The Historic Structures Inventory Form for 320 W. Hallam Street has been amended to recognize both the Victorian home and the Pan Abode as contributing historic structures. All development of this property is subject to review by the Historic Preservation Commission subject to Section 26.415 of the Municipal Code. RECOMMENDED MOTION "I move to adopt Ordinance #36, Series of 2002, for a Historic Landmark Lot Split at 320 W. Hallam Street, Lots N-P, Block 42, City and Townsite of Aspen, Colorado on Second Reading." 5 .. CITY MANAGER COMMENTS: Exhibits: Ordinance #36, Series of 2002 A. Staff memo dated October 28,2002 B. Application 6 3 0 4 t.. 44,. .. AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 309 ve. HALLAM 6-7. , Aspen, CO SCHEDULED PUBLIC HEARING DATE: Ocr-T- 1 8 , 20012.. STATE OF COLORADO ) ) SS. County of Pitkin ) 4 -,4 970 r-4 0 &1 2- (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: 4 Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. J Posting of notice: By posting of notice, which form was obtained from the 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 prior to the public hearing and was continuously visible from the ID day of OC-7[ I , 200 2-, 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 Development 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 ofthe 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 ofthe 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. (_3 642~ Signature f- U The foregoing "Affidavit ofNotice" was ~kfn~w~edgett{tre me this ~day of 6 Q46\G~~ , 20024 by WITNESS MY HAND AND OFFICIAL SEAL My commission expires: -Dil 64 04 410 A AR- %1~6Â» Ndtary Public :'.' ./ c O ), : ,0/':/ 1< 6 5.r ---' CA %, 3 -r. .... 49* %. fz. 1 0 1 = 1.' 7 0 ~f C> ~'Â·. (6 i i Mi 14 9 - . 1, i 5 1.3 : CDâ€¢ 1 2> : Lj z 1 96 2 41 7 4 / 4 f 4 ATTACHMENTS: 9 4Â· COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL 410 , .,. .. 17 03.42(1 0-M. (0, 07 - PUBUC NOTICE RE: 320W. HALIAM HISTORIC LANDMARK LOT SPLIr NOTICE IS HEREBY GIVEN that apublic healing will be held on Monday, October 28,2002 at a meeting to begin at 5:00 p.m. before the Aspen City Council, City Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Anton Uhl requesting appeval of a Historic Landmark Lot Split at 320 W. Halbm Street. Theproperty is legally desaibed as Lots N-P, Block 42, City and Townsite of Aspen. The proposal will subdivide the property into one 6,000 square foot lot, which will contain the existing Victorian homA and one 3,000 square foot lot which will contain the existing Pan Abode home No new devdopment is proposed at this time - For further information, contact Amy Guthrie at the Aspen/Pitkin Community Devdopment Department, 130 S. Galena St., Aspen, CO, (970) 920-5096, amyg@ci.aspen.co.us. s/Helen Kalin Klanderud. Mavor Aspen City Council Published in the Aspen Times on September 28,2002 City ofAspen Account .. PUBLIC NOTICE RE: 320W. HALIAM HISTORIC IANDMARK LOT SPLIr NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, October 28,2002 at a meeting to begin at 5:00 p.m. before the Aspen City Council, City Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Anton Uhl requesting appioval of a Historic Landmark Lot Split at 320 W. Halhm Street. Theproperty is legally described as Lots N-P, Blodc 42, City and Towmite of Aspen. The proposal will subdivide the property into one 6,000 square foot lot, which will contain the existing Victorian homh and one 3,000 square foot lot which will contain the existing Pan Abode home No new devdopment is proposed at this time For further information, contact Amy Guthrie at the Aspen/Pitkin Community Development Department, 130 S. Galena St.,Aspen, CO, (970) 920-5096, amyg@ci.aspen.co.us. s/Helen Kalin Klanderud. Mayor Aspen City Council Published in the Aspen Times on September 28,2002 City ofAspen Account . . ~ AL [0, 2001- RE: 320 W. HALIAMHISTORIC LANDMARK LOT SPUr PUBLIC NOTICE NOTICE IS HEREBY GIVEN that a public hearing will beheld on Monday, October 28,2002 at a meeting to begin at 5:00 p.m. before the Aspen City Council, City Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an apphcation submitted by Anton Uhl requesting appeval of a Historic Landmark Lot Split at 320 W. Hallani Street. Theproperty is legally described as Lots N-P, Block 42, City and Townsite of Aspen. The proposal will subdivide the property into one 6,000 square foot lot, whidl will contain the existing Victorian homq and one 3,000 square foot lot which will contain the existing Pan Abode home No new devdopment is proposed at this time For further information, contact Amy Guthrie at the Aspen/Pitkin Community Devdopment Department, 130 S. Galma St.,Aspen, CO, (970) 920-5096, amyg@ci.aspen.co.us. - s/Helen Kalin Klanderud. Mayor Aspen City Council Published in theAspen Times on September 28,2002 City of Aspen Account .. 212 N SECOND ST LLC BARKER JACK 1/2 INT ALLEN ROBERT H & JUDY LEY C/O RICHARD CORBETT BARKER CARRYN ADRIANNA TRUST 1/2 4545 POST OAK PL STE 101 2202 N WEST SHORE BLVD STE 110 INT HOUSTON, TX 77027 TAMPA, FL 33607-5749 PO BOX 7943 ASPEN, CO 81612 BENNINGHOFF ESTHER BLEVINS J RONALD & PHYLLIS M CITY OF ASPEN 233 W HALLAM AVE 20320 FAIRWAY OAKS DR #353 130 S GALENA ST ASPEN, CO 81611 BOCA RATON, FL 33434 ASPEN, CO 81611 CONNOR F HAYDEN COOPER JOHN T COX CAROLYN M 444 GRAPE ST P O BOX 1747 961 PASEO DEL SUR DENVER, CO 80220 SPRINGFIELD, MO 65802 SANTA FE, NM 87501 EPPLER KLAUS TRUSTEE DEVOS ESTHER LEONARD DOBBS JOHN C & SARA F PROSKAUER ROSE GOETZ & PO BOX 3238 PO BOX 241750 MENDELSHON C/O ASPEN, CO 81612 MEMPHIS, TN 38124 2255 GLADES RD #340 W BOCA RATON, FL 33431 FIVE CONTINENTS ASPEN REALTY FIRESTEIN CHESTER & BEVERLY FISCHER SISTIE C/O EDWARDS JOSEPH 111 9777 WILSHIRE BLVD STE 501 442 W BLEEKER 502 MAIN ST STE 201 BEVERLY HILLS, CA 90212 ASPEN, CO 81611 CARBONDALE, CO 81623 JANSS MARY 1992 REVOCABLE LIVING FRIEDBERG BARRY S GALLANT MARILYN TRUST 555 PARK AVE 7\N 617 VINE ST STE 1430 403 W HALLAM NEW YORK, NY 10021 CINCINNATI, OH 45202 ASPEN, CO 81611 JONES STEPHEN MARTIN TRUST IV KOHNER ELLEN P KINNEY STEPHEN J & SUSAN M 500 CAPITAL OF TEXAS HWY N HUNT ELLEN C/O P O BOX 330010 BLD 6 STE 125 PO BOX 8770 MIAMI, FL 33233 AUSTIN, TX 78746 ASPEN, CO 81612 MCANIFF RICHARD J MULLINS DON R KOUTSOUBOS TED A C/O KATHY KUNZ % HARDING & CARBONE 415 E HYMAN AVE #206 777 108TH AVE NE SUITE 2000 3903 BELLAIRE BLVD ASPEN, CO 81611 BELLEVUE, WA 98004-5118 HOUSTON, TX 77025 NEISSER JUDITH E REVOCABLE TRUST MYERS JOSEPH V JR NATHAN REVOCABLE TRUST C/O BERNADETTE REED 421 W HALLAM ST 718 N LINDEN DR 3281 GRAFTON LN ASPEN, CO 81611 BEVERLY HILLS, CA 90210 AURORA, IL 60504 PATRICK JAMES K PENINSULA LLC POTVIN SALLY ALLEN 417 W HALLAM ST PO BOX 6594 320 W BLEEKER ST ASPEN, CO 81611 SNOWMASS VILLAGE, CO 81615 ASPEN, CO 81611 , 4. .. RH ASPEN LLC RIGGS ASPEN TRUST RISPOLI PETER 323 W FRANCIS ST 6815 BALTIMORE DR 323 W HALLAM ST ASPEN, CO 81611 DALLAS, TX 75205 ASPEN, CO 81611 SAX JOEL D SCHLOFFER BRUNHILDE P SIRKIN ALICIA 303 W FRANCIS ST PO BOX 941 3500 S BAYHOMES DR ASPEN, CO 81611 ASPEN, CO 81612 MIAMI, FL 33133 SMART PAMELA STILWELL REED & CLAIRE TEAGUE LEWIS TRUST 1040 W CONWAY DR 191 UNIVERSITY BLVD #714 862 NORTH BEVERLY GLEN BLVD ATLANTA, GA 30305 DENVER, CO 80206 LOS ANGELES, CA 90077 TITUS JOHN & JOAN REVOCABLE UHL MARGARETE A WEISE RICHARD H TRUST 5451 N E RIVER RD #503 PO BOX 122 3025 BRYN MAWR CHICAGO, IL 60656 ASPEN, CO 81612 DALLAS, TX 75225 .. ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 6 --2 0 11 J )-1 q ~ ~ ci uul , Aspen, CO r SCHEDULED PUBLIC HEARING DATE: 1(h /}Â« 1/ J - 8-7 ,200 STATE OF COLORADO ) ) SS. County of Pitkin ) . i,1 i I, -3~A L,14,9 â‚¬ 1-i (.1 01 f (name, please print) being or representing an Applicant to the City ofAspen, 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: >l Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting ofnotice: By posting of notice, which form was obtained from the Community Development Department, which was made o f suitable, 1 waterproofmaterials, which was not less than twenty-two (22) inches wide < and twenty-six (26) inches high, and which was composed ofletters 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 hear\ng. A photograph of the posted notice (sign) is attached hereto. Mailing ofnotice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. 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 tert 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 o f 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 ofnames and addresses o f owners o f real property in the area o f 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. Aug.6- &/450 S<gnature The foregoing "Affidavit of Notice" was acknowledged befon -day of 'try,3712 , 2002+by ~754--~--.15 j r PUBLIC NOTICE RE: 320 W. HALLAM HISTORIC LANDMARK LOT . SPLIT K NOTICE IS HEREBY GIVEN that a public WITNESS MY HAND AND OFFICIAL SEAL hearing will be held on Tuesday, October 15, 2002 , at a meeting to begin at 5:00 p.m. before the As- 7 312/2/ 2263Â§~029343 My commission expires: 17~--#c*-. proval of a Historic Landmark Lot Split at 320 W Hallam Street. The property is legally described Â· as Lots N-P, Block 42, City and Townsite of As- G - iÂ»Â»--r,Ii~ :~ e 7..<6 pen. The proposal will subdivide the property in- P 7. U......4 ''Y .3 to one 6,000 square foot lot, which will contain 1 Notary Public 1,42 f ~ the existing Victorian home, and one 3,000 square foot lot which will contain the existing *~ Pan Abode home. No new development is pro- , .1.. .....O posed at this time. For further information, con- tact Amy Guthrie at the Aspen/Pitkin Community 1 L Â» 88.Lbe?~> Development Department, 130 S. Gatena St., As- | i pen, CO, (970) 920-5096, amyg@ci.aspen.co.us. ~ s/Helen Kalin Klanderud, Mayor i Aspen City Council Published in The Ast)en Times on September 28,. [ 2002. (9420) ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL e â€¢ 96 . MEMORANDUM TO: Mayor Klanderud and City Council THRU: Julie Ann Woods, Community Development Director Joyce Ohlson, Deputy Planning Director FROM: Amy Guthrie, Historic Preservation Officer RE: 320 W. Hallam Street- Historic Landmark Lot Split, First Reading of Ordinance #66?Series of 2002 DATE: September 23,2002 SUMMARY: This property is listed on the "Aspen Inventory of Historic Landmark Sites and Structures" and contains a Victorian home and a Pan Abode home. HPC has recommended that Council approve a Historic Landmark Lot Split which will subdivide the parcel into one 6,000 square foot lot with the Victorian house on it, and one 3,000 square foot lot with the Pan Abode on it. As part of the HPC review, the applicant proposed to voluntarily allow the designation of the Pan Abode as a historic structure in exchange for an FAR bonus, which HPC formalized through a condition stating that no demolition pennits could be pulled on that structure. For the Council Ordinance, this has been addressed instead by simply clarifying, in Section 3, that the Pan Abode contributes to the historic significance of this site. Demolition of any buildings on the property would require the approval o f HPC. APPLICANT: Anton Uhl, owner, represented by Haas Land Planning, LLC. PARCEL ID: 2735-124-23-006. ADDRESS: 320 W. Hallam, Lots N-P, Block 42, City and Townsite ofAspen, Colorado. ZONING: lit-6 (Medium Density Residential). CURRENT LAND USE: 9,000 sq. ft. lot containing a Victorian Home, a Pan Abode home, and three non historic sheds. HISTORIC LANDMARK LOT SPLIT In order to complete a Historic Landmark Lot Split, the applicant shall meet the following requirements of Aspen Land Use Code: Section 26.480.030(A)(2) and (4), Section 26.470.070(C), and Section 26.415.010(D.) 1 .. 26.480.030(A)(2), SUBDIVISION EXEMPTIONS, LOT SPLIT The split of a lot for the purpose of the development of one detached single-family dwelling on a lot formed by a lot split granted subsequent to November 14, 1977, will be approved where all of the following conditions are met: a) The land is not located in a subdivision approved by either the Pitkin County Board of County Commissioners or the City Council, or the land is described as a metes and bounds parcel which has not been subdivided after the adoption of subdivision regulations by the City of Aspen on March 24, 1969; and Staff Finding: The property is part of the historic townsite and has not been previously subdivided. b) No more than two (2) lots are created by the lot split, both lots conform to the requirements of the underlying zone district. Any lot for which development is proposed will mitigate for affordable housing pursuant to Section 26.100.04004)(1)(c). Staff Finding: This proposal will create one 6,000 square foot lot, and one 3,000 square foot lot, each o f which will meet or exceed the 3,000 square foot minimum set for Historic Landmark Lot Splits. Council has recently adopted new benefits for historic properties, pursuant to Section 26.420 of the Municipal Code, which states that affordable housing mitigation will not be required for properties created through a historic landmark lot split. c) The lot under consideration, or any part thereof, was not previously the subject of a subdivision exemption under the provisions of this chapter or a "lot split" exemption pursuant to Section 26.100.040(C)(1)(a); and Staff Finding: The land has not been subdivided previously. d) A subdivision plat which meets the terms of this chapter, and conforms to the requirements of this title, is submitted and recorded in the office of the Pitkin County clerk and recorder after approval, indicating that no further subdivision may be granted for these lots nor will additional units be built without receipt of applicable approvals pursuant to this chapter and growth management allocation pursuant to Chapter 26.100. Staff Finding: The subdivision plat shall be a condition of approval. It must be reviewed by the Community Development Department for approval and recordation within 180 days of final land use action. e) Recordation. The subdivision exemption agreement and plat shall be recorded in the office of the Pitkin County clerk and recorder. Failure on the part of the applicant to record the plat within one hundred eighty (180) days following 2 .. approval by the City Council shaN render the plat invalid and reconsideration of the plat by the City Council will be required for a showing of good cause. Staff Finding: The subdivision exemption agreement shall be a condition of approval. D In the case where an existing single-family dwelling occupies a site which is eligible for a lot split, the dwelling need not be demolished prior to application for a lot split Staff Finding: No dwelling unit is located in a manner that necessitates its demolition in order to split the lot, nor is demolition of any unit planned for the future. g) Maximum potential buildout for the two (2) parcels created by a lot split shall not exceed three (3) units, which may be composed of a duplex and a single-family home. Staff Finding: The parcel currently contains two detached dwelling units. The proposal does not include any additional units on the site, however the maximum potential build out for this site is three detached units. The 3,000 square foot parcel is permitted to contain one detached dwelling unit. The 6,000 square foot parcel may be permitted to contain two detached dwelling units, with further reviews. 26.480.030(A)(41 SUBDIVISION EXEMPTIONS. HISTORIC LANDMARK LoT SPLIT The split o f a lot that is listed on the Aspen Inventory of Historic Landmark Sites and Structures for the development o f one new single-family dwelling may receive a subdivision exemption if it meets the following standards: a. The original parcel shall be a minimum of six thousand (6,000) square feet in size and be located in the R-6, R-15, R-15A, RMF, or O zone district. Staff Finding: The subject parcel is 9,000 square feet and is located in the R-6 Zone District. b. The total FAR for both residences shall be established by the size of the parcel and the zone district where the property is located. The total FAR for each lot shall be noted on the Subdivision Exemption Plat. In the Office zone district, the following shall apply to the calculation of maximum floor area for lots created through the historic landmark lot split. Note that the total FAR shall not be stated on the Subdivision Exemption Plat because the floor area will be affected by the use established on the property: If all buildings on what was the fathering parcel remain wholly residential in use, the maximum floor area will be as stated in the R-6 zone district. 3 .. If any portion of a building on a lot created by the historic landmark lot split is in commercial/office use, then the allowed floor area for that lot shall be the floor area allowed for all uses other than residential in the zone district. If the adj acent parcel created by the lot split remains wholly in residential use, then the floor area on that parcel shall be limited to the maximum allowed on a lot of its size for residential use according to the R-6 standards. If there is commercial/office use on both newly created lots, the maximum floor area for all uses other than residential in the zone district will be applied. Staff Finding: The two lots will be used wholly for residential purposes. The maximum floor area for the original parcel, containing a historical landmark in an R-6 zone, is 4,080 square feet. The applicant has received HPC approval for a 500 square foot FAR bonus and has determined that the FAR shall be allocated as follows: 3,080 square feet to Lot N and O, which contains the historic Victorian house, and 1,500 square feet to Lot P, which contains the Pan Abode house. The existing historic Victorian house on Lot N and O is approximately 1,858 square feet in size leaving an expansion potential of 1,222 square feet. The Pan Abode structure on Lot P is approximately 600 square feet in size, leaving an expansion potential of 900 square feet. There are currently no specific plans for expansion of either structure. The FAR bonus was awarded by the HPC as a result of the applicant's offer to allow the designation of the Pan Abode as a historic structure. A note stating that the house will not be demolished is to be included on the plat, and the attached ordinance contains language recognizing the inclusion of the Pan Abode in the significance of this already landmarked property. c. The proposed development meets all dimensional requirements of the underlying zone district. The variances provided in Section 26.415.120(B)(1)(a),(b), and (c) are only permitted on the parcels that will contain a historic structure. The FAR bonus will be added to the maximum FAR allowed on the original parcel. Staff Finding: The HPC has granted setback variances to accommodate the existing buildings in their current locations. RECOMMENDATION: Staff and HPC recommend that Council approve the request for a Historic Landmark Lot Split at 320 W. Hallam Street, Lots N-P, Block 42, City and Townsite of Aspen, Colorado, with the following conditions: 1. A subdivision plat and subdivision exemption agreement shall be reviewed and approved by the Community Development Department and recorded in the office of the Pitkin County Clerk and Recorder within one hundred eighty (180) days of final approval by City Council. Failure to record the plat and subdivision exemption agreement within the specified time limit shall render the plat invalid and reconsideration of the plat by City Council will be required for a showing of good cause. As a minimum, the subdivision plat shall: 4 .. a. Meet the requirements of Section 26.480 ofthe Aspen Municipal Code; b. Contain a plat note stating that the lots contained therein shall be prohibited from further subdivision and any development of the lots will comply with the applicable provisions of the Land Use Code in effect at the time o f application; c. Contain a plat note stating that all new development on the lots will conform to the dimensional requirements of the R-6 zone district, except the variances approved by the HPC. d. Contain a plat note stating that neither the current owner, or any future owner of any of the Lots N,O, or P, Block 42, City and Townsite of Aspen, will oppose an application for designation of the Pan Abode structure at any time in the future, or apply for any building permit to demolish the structure. e. Contain a plat note stating that the FAR on the two lots created by this lot split shall be allocated as follows: Lot N and O shall receive 3,080 square feet and Lot P 1,500 square feet. f. Contain a plat note stating that the HPC has approved a 500 square foot FAR bonus, a 1 'west sideyard setback variance for the Victorian, a 3' west sideyard setback variance and a 4' rear yard setback variance for a shed that is along the alley, 5' rear yard setback variances for two other sheds that are located along the alley and a 4' east sideyard setback variance for the easternmost of these sheds, a 2' west sideyard setback variance for the Pan Abode, and a 2 foot combined sideyard setback variance for the Pan Abode. RECOMMENDED MOTION "I move to approve Ordinance #~*Series of 2002, for a Historic Landmark Lot Split at 320 W. Hallam Street, Lots N-P, Block 42, City and Townsite of Aspen, Colorado on First Reading." CITY MANAGER COMMENTS: Exhibits: Ordinance #2~ Series of 2002 A. Staffmemo dated September 23,2002 B. Site plan 5 .. ORDINANCE NO.~P (Series of 2002) AN ORDINANCE OF THE ASPEN CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, TO GRANT APPROVAL FOR A SUBDIVISION EXEMPTION FOR AN HISTORIC LANDMARK LOT SPLIT AT 320 W. HALLAM STREET, LOTS N, O, AND P, BLOCK 42, CITY AND TOWNSITE OF ASPEN PARCEL ID#: 2735-124-23-006 WHEREAS, pursuant to Sections 26.480.030(A)(2) and (4), Section 26.470.070(C), and Section 26.415.010(D) of the Municipal Code, a Historic Landmark Lot Split is a subdivision exemption subject to review and approval by City Council after obtaining a recommendation from the Historic Preservation Commission (hereinafter HPC); and WHEREAS, the applicant, Anton Uhl, owner of 320 W. Hallam Street, Lots N, O, and P, Block 42, City and Townsite of Aspen, has requested approval to split a 9,000 square foot parcel into one 6,000 square foot parcel and one 3,000 square foot parcel; and WHEREAS, the Community Development Department has reviewed the application and recommends approval of the Historic Landmark Lot Split; and WHEREAS, the HPC reviewed the request for the historic lot split at a properly noticed public hearing on August 28,2002 and recommended approval; and WHEREAS, the Aspen City Council has reviewed and considered the subdivision exemption under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered those recommendations made by the Community Development Department, and the HPC, and has taken and considered public comment at a public hearing; and WHEREAS, the City Council finds that the Historic Landmark Lot Split meets or exceeds all applicable development standards of the above referenced Municipal Code sections; and WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the public health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1 Pursuant to Sections 26.480.030(A)(2) and (4), Section 26.470.070(C), and Section 26.415.010(D) of the Municipal Code, and subject to those conditions of .. approval as specified herein, the City Council finds as follows in regard to the subdivision exemption: 1. The applicant's submission is complete and sufficient to afford review and evaluation for approval; and 2. The subdivision exemption is consistent with the purposes of subdivision as outlined in Section 26.480 of the Municipal Code, which purposes include: assist in the orderly and efficient development of the City; ensure the proper distribution of development; encourage the well-planned subdivision of land by establishing standards for the design of a subdivision; improve land records and survey monuments by establishing standards for surveys and plats; coordinate the construction of public facilities with the need for public facilities; safeguard the interests of the public and the subdivider and provide consumer protection for the purchaser; acquire and ensure the maintenance of public open spaces and parks, provide procedures so that development encourages the preservation of important and unique natural or scenic features, including but not limited to mature trees or indigenous vegetation, bluff, hillsides, or similar geologic features, or edges of rivers and other bodies of water, and, promote the health, safety and general wel fare of the residents of the City of Aspen. Section 2 Pursuant to the findings set forth in Section 1, above, the City Council does hereby grant an Historic Landmark Lot Split subdivision exemption for 320 W. Hallam Street with the following conditions: 1. A subdivision plat and subdivision exemption agreement shall be reviewed and approved by the Community Development Department and recorded in the office of the Pitkin County Clerk and Recorder within one hundred eighty (180) days of final approval by City Council. Failure to record the plat and subdivision exemption agreement within the specified time limit shall render the plat invalid and reconsideration of the plat by City Council will be required for a showing of good cause. As a minimum, the subdivision plat shall: a. Meet the requirements of Section 26.480 of the Aspen Municipal Code; b. Contain a plat note stating that the lots contained therein shall be prohibited from further subdivision and any development of the lots will comply with the applicable provisions of the Land Use Code in effect at the time of application; c. Contain a plat note stating that all new development on the lots will conform to the dimensional requirements of the R-6 zone district, except the variances approved by the HPC. d. Contain a plat note stating that the FAR on the two lots created by this lot split shall be allocated as follows: Lot N and O shall receive 3,080 square feet and Lot P 1,500 square feet. e. Contain a plat note stating that the HPC has approved a 500 square foot FAR bonus, a 1 'west sideyard setback variance for the Victorian, a3' west sideyard setback variance and a 4' rear yard setback variance for a shed .. that is along the alley, 5' rear yard setback variances for two other sheds that are located along the alley and a 4' east sideyard setback variance for the easternmost of these sheds, a 2' west sideyard setback variance for the Pan Abode, and a 2 foot combined sideyard setback variance for the Pan Abode. Section 3 The applicant has agreed to allow the inclusion of the Pan Abode in the assessment of the significance of this already landmarked property. The Historic Structures Inventory Form for 320 W. Hallam Street has been amended to recognize both the Victorian home and the Pan Abode as contributing historic structures. All development of this property is subject to review by the Historic Preservation Commission subject to Section 26.415 of the Municipal Code. Section 4 This Ordinance shall not have any effect on 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 5 If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and shall not affect the validity of the remaining portions thereof. Section 6 A public hearing on the Ordinance was held on the day of October, 2002, in the City Council Chambers, Aspen City Hall, Aspen Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council ofthe City ofAspen on the 23rd day of September, 2002. ATTEST: Kathryn S. Koch, City Clerk .. FINALLY, adopted, passed and approved this day of October, 2002. Helen Kalin Klanderud, Mayor ATTEST: Kathryn S. Koch, City Clerk Approved as to form: John P. Worcester City Attorney .. HAAS LAND PLANNING, LLC July 29,2002 Mrs. Amy Guthrie Aspen Historic Preservation Planner 130 South Galena Street Aspen, CO 81611 RE: Uhl Historic Landmark Lot Split Application Dear Amy: Please consider this letter and the accompanying plan sets to constitute a formal request for approval of a subdivision exemption for an historic landmark lot split to create a 6,000 square foot lot and a 3,000 square foot lot from the existing 9,000 square foot lot. In association with the lot split, the applicant requests approval of setback variances and a five-hundred square foot floor area bonus. The subject property is zoned R-6, Medium Density Residential, and is permitted a duplex FAR of 4,080 square feet plus the potential for a floor area bonus of up to 500 square feet. Thus, the total potential allowable floor area on the subject property is 4,580 square feet (4,080 + 500). The Land Use Code allows the property owner discretion in determining how to split this square footage between the two resulting lots. With approval of the requests made herein, there will be two fee simple landmark designated lots, one of 3,000 square feet (Lot P) and the other of 6,000 square feet (Lots N and O). The 3,000 square foot lot will have the existing Pan Abode residence, will be entitled to 1,500 square feet of FAR floor area (includes a 500 square foot bonus), and will be subject to HPC review and approval for any proposed exterior changes. The 6,000 square foot lot will continue to have the existing Victorian residence, will be permitted 3,080 square feet of FAR floor area, and will also be subject to HPC review and approval for any proposed exterior changes. As an inducement to the City to approve the requests made herein, the applicant will voluntarily accept designation of the existing Pan Abode structure on the property as an historic landmark. The applicant, however, does not want â€¢201 N. MILLSTREET, SUITE 108â€¢ ASPEN, COLORADOâ€¢81611 â€¢ â€¢ PHONE: (970) 925-7819 â€¢ FAX: (970) 925-7395 â€¢ .. to assume the time or costs of the landmark designation process (i.e., hearings before the Historic Preservation Commission, the Planning and Zoning Commission, and City Council and the associated notice requirements), but will agree, upon approval of the requests made herein (i.e., as part of the Subdivision Exemption Agreement), not to oppose the City's historic designation of the Pan Abode structure. The subject Pan Abode structure ordered and built by Gretl Uhl, and is currently on the City's list of buildings/properties for which historic designation is desired. The result of the approvals requested herein will be a 6,000 square foot lot with a landmark designated Victorian house, and a 3,000 square foot lot with a landmark designated Pan Abode residence. While not requested at this time, the applicant reserves the right to later request a conditional use approval to place two detached dwelling units on the resulting 6,000 square foot lot and/ or a readjustment of the new lot line to provide two 4,500 square foot lots. These requests are not being made at this time, but the applicant would like it recognized that he has a right and has not in any way forfeited any right to submit such requests to the City for approval at a future time. The subject properties are Lots N, O, and P, Block 42, City and Townsite of Aspen, commonly known as 304 and 320 West Hallam Street. 304 West Hallam Street corresponds with Lot P, Block 42 and includes an existing Pan Abode residence with approximately 600 square feet of floor area. 320 West Hallam Street is the landmark designated Victorian residence that resides on Lots N and O of Block 42, which lots also include three non-historic shed structures along and/or encroaching on the alley. A vicinity map (not to scale) showing the location of the subject property is provided below. m Mapaowit* <44kÂ£}312 2 42> 4% .-Â».. ~ ~ 6311 1. 2..2? j<: 1 3 l.20At.... Â·Â· r / '. 4 lu; 5 43 1 .-2 .,1. *713 ~ Exkms#,53 63 :" ~ ~ G-/' 1 U 4. c 36 5 E" 2 85 7 | 320 W Hallam St, \4 /~ 4 B ===1*2..1- Â·->31-- ar fÂ£ 21 t Aspen, CO 81611 /3 h {lft ~r Aspen G/6 - . 01. M \ -, 2 I Â·-7- I â‚¬ Mah at ~~='e, 97 mls i f ' 092 1- I Ji 5- . 16 +4>4 Â»% 49 443 ~'~Ast>envalley GiH espital te 44*t,44 -*12-V''i -' White River National Forest ~ *14 Â®2001 Mic,Â»SeÂ¢ Câ€¢'p Â®2000 NivkÂ¢h, fam, Ine . 904/*rAND Dit, B v. -- N Â·- Aurg... .. â€¢L , C Mr. Anton Uhl owns the subject property. Mr. Uhl intends to sell Lot P and the Pan Abode residence located thereon in an effort to help pay off the recently incurred inheritance taxes associated with the 9,000 square foot property. However, the taxes are substantial enough to render a 3,000 square foot lot with a 600 square foot Pan Abode residence of insufficient market value to cover their costs, unless the 500 square foot FAR bonus is granted and adequate floor area potential is allocated thereto. Of course, it is understood that any new construction or designs for additions to or remodels of the Pan Abode and/ or the Victorian (i.e., use of the additional square footage allocation) will require Historic Preservation Commission (HPC) review and approval. A pre-application conference was held with Amy Guthrie of the Aspen Community Development Department on July 19, 2002 (see Pre-Application Conference Summary, Exhibit 1). The completed application form and dimensional requirements form are attached hereto as Exhibit 2. Proof of Mr. Uhl's ownership is provided Exhibit 3, a title insurance commitment. The application is submitted by Haas Land Planning, LLC, on behalf of Mr. Uhl (hereinafter the applicant); authorization for Haas Land Planning, LLC, to represent the applicant is included as Exhibit 4. Exhibit 5 includes the updated Architectural Inventory Forms for the Victorian and the Pan Abode, as well as the 1904 Sanborn Map of the subject property. Finally, a list of property owners located within three-hundred feet of the property and an executed application fee agreement are attached as Exhibits 6 and 7, respectively. This application has been prepared pursuant to Sections 26.304, 26.420.010, 26.415.110(A), 26.415.110(B), 26.415.110(E), 26.470.070(C), 26.480.030(A)(2), 26.480.030(A)(4), and 26.710.040 of the Aspen Land Use Code (hereinafter the Code). While the applicant has attempted to address all relevant provisions of the Code, and to provide sufficient information to enable a thorough evaluation of the application, questions may arise which require additional information and/ or clarification. Upon request, Haas Land Planning, LLC, will provide such additional information as may be required in the course of the review. Existing Conditions The subject property is described as Lots N, O, and P, Block 42, City and Townsite of Aspen. The site is in Aspen's West End Neighborhood on the north side of West Hallam Street between North Second and Third Streets. It is zoned R-6, Medium-Density Residential (R-6). The existing Victorian residence (320 West Hallam Street) provided the impetus and justification for the 1982 historic landmark designation of the property. The property located immediately to the UHL HISTORIC LANDMARK LOT SPLIT APPLICATION PAGE 3 .. 3 .. 't g. west (334 West Hallam Street) is also landmark designated. All existing improvements on the subject site are accurately depicted on the accompanying Improvement Survey, and those of significance are described in detail on the Architectural Inventory Forms attached hereto as Exhibit 5. The existing FAR floor area on the property totals to approximately 2,458 square feet, broken up as follows: â€¢ The Victorian has an FAR floor area of approximately 1,858 square feet; â€¢ The Pan Abode has an FAR floor area of 600 square feet; and, â€¢ The three storage sheds do not count as FAR floor area pursuant to Section 26.575.020(A)(3), Garages, Carports and Storage Areas, of the Code since they total to less than 500 square feet (up to 250 square feet of storage areas per dwelling unit are exempt and there are two dwelling units on the property); nevertheless, the sheds include, moving from west to east, approximately 161 square feet, 29 square feet, and 49 square feet of non-FAR floor area. As shown on the accompanying Improvement Survey, the Victorian residence on Lots N and O sits only four feet from the westerly property line; a fence encroaches onto the adjacent lot to the west; a fence, a trash enclosure and two sheds encroach on the alley right-of-way; and, another fence encroaches onto the adjacent lot to the east. Individual side and rear yard setback variance requests are provided below to address all of these situations, and with approval of the requested variances, no nonconformities will exist (i.e., the properties will comply with all dimensional requirements, as varied). Also, application to the City Engineer will be made for a temporary revocable encroachment license for all existing improvements that encroach on the alley right-of-way. All other dimensional requirements of the R-6 zone district are and will continue to be satisfied. Review Requirements Based on the elements of the proposal outlined in the foregoing, this application has been prepared (in the order addressed below) pursuant to Sections 26.480.030(A)(4), 26.480.030(A)(2), 26.470.070(C), 26.415.110(A), and 26.415.110(B) and (E) of the Aspen Land Use Code. UHL HISTORIC LANDMARK LOT SPLIT APPLICATION PAGE 4 ./0 0 1. Section 26.480.030(A)(4)(a-c) Section 26.480.030(A)(4), Historic Landmark Lot Split, provides that such requests must meet the requirements of Section 26.480.030(A)(2), Section 26.470.070(C), and the following standards: a. The original parcel shall be a minimum of nine thousand (9,000) square feet in size and be located in the R-6 zone district or a minimum of thirteen thousand (13,000) square feet and be located in the R- 15A zone district. The subject parcel is 9,000 square feet in size and is located in the R-6 zone district. b. The total FAR for both residences shall not exceed the floor area allowed for a duplex on the original parcel. The total FAR for each lot shall be noted on the Subdivision Exemption Plat. The allowable FAR floor area will be divided as provided below. The term "FAR floor area" is used herein to acknowledge that many types of floor area are exempt from FAR calculations under the current provisions of the Code, usually making FAR floor area smaller than gross floor area. The original parcel in the current case is 9,000 square feet, and the R-6 zone allows 4,080 square feet of FAR floor area for a duplex on such a lot. In addition, a 500 square foot FAR bonus is requested. The applicant desires to divide the resulting 4,580 square feet by allocating 3,080 square feet of FAR floor area to Lots N and O (combined) and 1,000 square feet to Lot P provided the HPC grants a 500 square foot bonus to Lot P, bringing its total allowable FAR floor area to 1,500 square feet. A note explaining these allocations will be included in the Subdivision Exemption Agreement (the S.E.A.) and on the Subdivision Exemption Plat (the Plat) prior to recordation. c. The proposed development meets atl dimensional requirements of the underlying zone district. HPC variances and bonuses are only permitted on the parcel that contains a historic structure. No development, per se, is requested in this application. Both resulting parcels contain historic structures and can, therefore, benefit from HPC variances and bonuses. As shown on the accompanying Improvement Survey, the Victorian residence on Lots N and O sits only four feet from the westerly property line and a five foot side yard setback is required in this location; a fence encroaches onto the adjacent lot to the west; a fence, a trash enclosure and two sheds encroach on the alley right-of-way; and, another fence encroaches onto the adjacent lot to the east. All of these conditions will continue for the time being, but with the UHL HISTORIC LANDMARK LOT SPLIT APPLICATIONJ PAGE 5 .. 1 2 creation of a new lot line between Lots O and P, some minor setback nonconformities (i.e., an approximately 3.5' side yard setback instead of the required 5') will be created with respect to the Pan Abode residence. However, it is being agreed to herein that this is an historic house situated on its original location, and some inconsistencies with regard to the dimensional requirements are to be expected. Any future changes to the structures on the property will provide greater compliance with respect to the dimensional requirements and, certainly, will not expand or enlarge the degree of nonconformity. At any rate, individual side and rear yard setback variance requests are provided below to address all of these situations, and with approval of the requested variances, no nonconformities will exist (i.e., the properties will comply with all dimensional requirements, as varied). Also, application to the City Engineer will be made for a temporary revocable encroachment license for all existing improvements that encroach on the alley right-of-way. All other dimensional requirements of the R-6 zone district are and will continue to be satisfied. The minimum lot size in the R-6 zone is 6,000 square feet for most lots, but 3,000 square feet for lots created through the approval of a Historic Landmark Lot Split. The lots resulting from approval of this application will meet the minimum lot size requirements. As currently configured, the subject properties comprise one 9,000 square foot lot. Detached residential dwellings are a permitted use in the R-6 zone district. However, the dimensional requirement of "minimum lot area per dwelling unit" stipulates that a detached residential dwelling requires a minimum lot area of 6,000 square feet, while A duplex may be developed on a lot of 8,000 square feet that was subdivided as of April 25, 1975. A duplex may also be developed on a lot of 7,500 square feet that was subdivided as ofandannexed subsequent toJanuary 1, 1 989. O therwise, the duplex must be developed with a minimum lot area of 4,500 square feet per dwelling unit, unless the property contains a historic landmark, in which case a duplex or two (2) detached residential dwellings may be developed with a minimum lot area of 3,000 square feet per unit. The existing conditions (two detached dwelling units on a 9,000 square foot property that contains a historic landmark) are conforming with respect to the minimum lot area per dwelling unit provision of the R-6 zone. Approval of the requested lot split will result in one detached residence on a 3,000 square foot lot and another detached residence on a 6,000 square foot lot. The minimum lot area of 3,000 square feet for lots created through the approval of a Historic Landmark Lot Split has always been understood and interpreted to allow a UHL HISTORIC LANDMARK LOT SPLIT APPLICATION PAGE 6 .. minimum lot area per dwelling unit of just 3,000 square feet in such cases. This will provide the potential for a second detached residence on the 6,000 square foot lot, subject to approval from the HPC and the Planning and Zoning Commission. Accordingly and as mentioned earlier, the applicant would like to reserve the right to later request a conditional use approval to place two detached dwelling units on the resulting 6,000 square foot lot, and/ or a readjustment of the new lot line to provide two 4,500 square foot lots. These requests are not being made at this time, but the applicant would like it recognized that he has a right and has not in any way forfeited any right to submit such requests to the City for approval at a future time. 2. Section 26.480.030(A)(2)(a-g) The split of a lot for the purpose of the development of one additional detached single-family dwelling on a lot formed by a lot split granted subsequent to November 14, 1977, is exempt from full subdivision review provided all of the following conditions are met. a. The land is not located in a subdivision approved by either the Pitkin County Board of County Commissioners or the city council, or the land is described as a metes and bounds parcel which has not been subdivided after the adoption of subdivision regulations by the City of Aspen on March 24, 1969; and The property consists of Lots N, O, and P of Block 42 in the original Aspen Townsite. The property is not located within a previously approved subdivision, and the lots predate the City's adoption of subdivision regulations. b. No more than two (2) lots are created by the lot split, both lots conform to the requirements of the underlying zone district. Any lot for which development is proposed will mitigate for affordable housing pursuant to Section 26.100.05064)(2)(c) [this citation is incorrect and should actually refer to Section 26.470.070(B)]. As explained above, the proposal involves the creation of two lots where only one currently exists. The resulting lots will contain 6,000 square feet and 3,000 square feet, thereby conforming to the dimensional requirements of the underlying R-6 zone district. The minimum lot size in the R-6 zone district is 6,000 square feet, and 3,000 square feet for lots created through approval of a Historic Landmark Lot Split. No implications for the proposed Historic Landmark Lot Split exist with regard to the GMQS provisions. That is, Section 26.420.020, Benefits, of the Code provides that " Accessory Dwelling Units or cash in lieu fees shall not be required on UHL HISTORIC LANDMARK LOT SPLIT APPLICATION PAGE 7 .. f properties where a 'Historic Landmark Lot Split' is approved after March 31, 2002." A note to this effect will be placed in the S.E.A. and on the Plat. c. The lot under consideration, or any part thereof, was not previously the subject of a subdivision exemption under the provisions of this chapter or a "lot split" exemption pursuant to Section 26.470.040(C)(1)(a) [this citation is incorrect and should actually refer to Section 26.470.070*]. The subdivision exemptions provided for in Chapter 26.480 of the Code are: 1) Lot Line Adjustments; 2) Lot Splits; 3) Approved Subdivisions; and 4) Historic Landmark Lot Splits. The subject property has never been the subject of a subdivision exemption under the provisions of this (26.480) chapter or a lot split exemption. Note, however, that the applicant seeks to reserve the right to later apply to the City for approval to readjust the new lot line to provide two 4,500 square foot lots, as allowed pursuant to the next standard (d). d. A subdivision plat which meets the terms Of this chapter, and conforms to the requirements of this title, is submitted and recorded in the ojjice of the Pitkin County clerk and recorder after approval, indicating that no further subdivision may be granted for these lots nor will additional units be built without receipt of applicable approvals pursuant to this chapter and growth management allocation pursuant to Chapter 26.100. A Plat will be reviewed by the Planning and Engineering Departments for approval and recordation within 180 days of final land use approval. The Plat will include notes explaining that further subdivision is prohibited unless applicable approvals are obtained, and that any and all additional development must comply with the applicable provisions of the Code. It will also contain a note describing and referring to the approval documents (i.e., ordinances, resolutions, and S.E.A.) pursuant to which the Plat was prepared. e. Recordation. The subdivision exemption agreement and plat shall be recorded in the ojfice of the Pitkin County clerk and recorder. Failure on the part of the applicant to record the plat within one hundred eighty (180) days following approval by the City Council shall render the plat invalid and reconsideration of the plat by the City Council will be required for a showing of good cause. The language of this criterion is understood and the applicant will comply. f In the case where an existing single-family dwelling occupies a site which is eligible foralotsplit,thedwellingneednot bed emolishedprior to application for a lot split. No existing dwelling units will be demolished, nor do any dwelling units or other structures span both sides of the proposed lot line. The applicant may submit a subsequent application to request HPC approval for demolition of the UHL HISTORIC LANDMARK LOT SPLIT APPLICATIONI PAGE 8 .. ./ non-contributing shed structures along the rear of the property, but these requests are not part of the current application. g, Maximum potential buildout for the two (2) parcels created by a lot split shall not exceed three (3) units, which may be composed of a duplex and a single-family home. The applicant does not propose to add any additional dwelling units to the property at this time, leaving just two residences. The existing conditions will continue for the foreseeable future. However, as noted earlier, the applicant would like to reserve the right to later request conditional use approval to place two detached dwelling units on the resulting 6,000 square foot lot. Lot P will always contain one detached residence. In June of 1998, the Community Development Director made a formal code interpretation finding that the word " may;' as used in this standard, is permissive and means the same thing as "can" or "might." Thus, even if a second detached residence is added to Lots N and O at some time in the future, such a proposal would comply with the technical requirements of this standard (see 920 West Hallam Street approval, 1998). 3. Section 26.470.070(C) Section 26.470.070(C) is the Growth Management Quota System (GMQS) exemption for Historic Landmark Lot Splits, and states that the construction of each new single-family dwelling on a lot created through review and approval of an Historic Landmark Lot Split shall be exempt from the scoring and competition procedures. The exemption is to be approved by the Community Development Director, but is not to be deducted from the respective annual development allotments or from the development ceilings. There are no standards against which to review such exemption requests. Section 26.420.020, Benefits, of the Code provides that " Accessory Dwelling Units or cash in lieu fees shall not be required on properties where a 'Historic Landmark Lot Split' is approved after March 31, 2002." A note to this effect will be included in the S.E.A. and on the Plat prior to recordation. 4. Section 26.415.110(A) This provision of the Code provides an exemption from the Subdivision and Growth Management Quota System, allowing the applicant to split his 9,000 square foot lot into two lots of 6,000 and 3,000 square feet respectively. The standard application submittal requirements of Section 26.304 have been UHL HISTORIC LANDMARK LoT SPLIT APPLICATION PAGE 9 .. 1, A provided herein, including the exhibits and attachments. Pursuant to the provisions of Section 26.415.110(A), this application will be subject to a two-step review procedure, with duly noticed public hearings before the HPC and City Council. 5. Section 26.415.110(B) Section 26.415.110(B) states that dimensional variations are allowed on projects involving designated properties to create development that is more consistent with the character of the historic property than would be required by the underlying zoning's dimensional standards. Specifically, the HPC is empowered to grant variances for designated properties to allow: a. Development in the side, rear and front setbacks; b. Development that does not meet the minimum distance requirements between buildings; c. Up to five (5) percent additional site coverage; d. Less open space than required for the on-site relocation of commercial historic properties. The following individual variances are requested to accommodate the proposed historic landmark lot split and future development thereon: â€¢ A one foot side yard setback variance for the Victorian residence (320 West Hallam Street) to legitimize its existing setback from the westerly side lot line and allow a four foot setback where five feet are otherwise required; â€¢ A three foot side yard setback variance and a four foot rear yard setback variance (to allow for two foot and one foot setbacks, respectively, where five feet are otherwise required for each), both specific to the existing shed structure on Lot N to legitimize its existing side and rear yard setbacks (these variances would be null and void upon demolition of this shed, provided demolition is approved pursuant to the Code); â€¢ A pair of five foot rear yard setback variances, one variance for each shed structure located on Lot O, to legitimize their existing rear yard setbacks and allow for zero rear yard setbacks; these variances are subject to the applicant's obtaining a temporary revocable encroachment license from the City Engineer, and the variances would become null and void upon demolition of the sheds; â€¢ A four foot side yard setback variance (to allow a one foot setback where five feet are otherwise required) for the easternmost shed on Lot O to UHL HISTORIC LANDMARK LOT SPLIT APPLICATION PAGE 10 I accommodate its existing location relative to the proposed lot line; and, if a combined side yard setback variance is needed to accommodate this shed and the Victorian house, it is hereby requested; â€¢ A two foot side yard setback variance for the Pan Abode structure to accommodate its existing location relative to the proposed lot line and allow for a three foot side yard setback where five feet are otherwise required; and, â€¢ A two foot combined side yard setback variance for the existing Pan Abode structure to accommodate its existing location relative to the existing and proposed side lot lines and allow for combined side yard setbacks of eight feet (three feet on the west plus five feet on the east) where ten feet are otherwise required. In granting these variances, the HPC must find that the requested variances: a. Are similar to the pattern, features and character of the historic property or district; and/or b. Enhance or mitigate an adverse impact to the historic significance or architectural character of the historic property, an adjoining designated historic property or historic district. The requested variances will have no affect whatsoever on the existing pattern, features, or character of the subject historic property. Rather, all requested variances are to accommodate the existing features, patterns and character of the site. The only change will be the abstract/invisible addition of a lot line. Furthermore, and as an inducement to the City to approve these requests, the applicant will voluntarily accept designation of the existing Pan Abode structure on Lot P as an historic landmark. The applicant, however, does not want to assume the time or costs of the landmark designation process (i.e., hearings before the Historic Preservation Commission, the Planning and Zoning Commission, and City Council and the associated notice requirements), but will agree, upon approval of the requests made herein (i.e., as part of the Subdivision Exemption Agreement), not to oppose the City's historic designation of the Pan Abode structure and, thereafter, to forever treat it as if such designation has already been accomplished. The subject Pan Abode structure is currently on the City's list of buildings/ properties for which historic designation is desired. By agreeing to the historic designation of the Pan Abode structure, the applicant is preemptively UHL HISTORIC LANDMARK LOT SPLIT APPLICATION PAG E 1 1 .. 1 and proactively mitigating the potential for adverse impacts to the historic significance and architectural character of the property. A heightened level of HPC review over future changes to the Pan Abode structure is being agreed to before any such changes can be brought forward. 6. Section 26.415.110(E) This application requests that the HPC grant a five-hundred square foot floor area bonus as part of the lot split approval. The Pre-Application Conference Summary attached hereto as Exhibit 1 notes that, "In order to meet the standards for a floor area bonus, which are primarily written to address a redevelopment proposal where new construction is taking place, which is not the case in this application, the owner/applicant will commit to preserving the Pan Abode structure." Section 26.415.110(E) of the Code addresses the requirements for the HPC's granting of floor area bonuses. Specifically, said Section states that, in select circumstances, the HPC may grant up to five hundred additional square feet of allowable floor area for projects involving designated historic properties. To be considered for the bonus, it must be demonstrated that: a. The design oftheproject meets gllapplicable design guidelines: and Since no actual development is proposed or contemplated at this time, the vast majority of the Historic Preservation Design Guidelines (the Guidelines) are not applicable at this time. That is, the Guidelines include standards for Streetscape and Lot Features, Historic Building Materials, Windows, Doors, Porches, Architectural Details, Roofs, Secondary Structures, Building Relocation and Foundations, Building Additions, and New Construction. None of these topics or specific guidelines apply to a request for the creation of a lot line. However, it is noted that any and all future development on the subject property will be subject to review by the HPC for consistency with the Guidelines. The Guidelines do, however, encourage the use of the historic landmark lot split provisions. Specifically, the first paragraph of Chapter 11 in the Guidelines (page 87) explains that, The City provides several incentives for residential property owners to divide the square footage that could be built on a landmark parcel into two Ior three] separate houses in order to reduce the size of both buildings, to reduce the size of an addition made to a historic house and to reinforce the original character of many of Aspen's neighborhoods, which had small houses on 3,000 square foot lots. UHL HISTORIC LANDMARK LOT SPLIT APPLICATION PAGE 12 .. .r Furthermore, page 2 of the Guidelines explains that the FAR bonus is an incentive which the HPC feels should only be awarded to projects of significant merit, examples of which are described to include the following: â€¢ When it is used as an incentive to retain an historic outbuilding on the site; â€¢ When the parcel is larger than 9,000 square feet; â€¢ When the project shows an outstanding effort to preserve or restore the historic structure; and, â€¢ When it is used to create a historic landmark lot split. In the current case, the subject lot is 9,000 square feet and will ensure preservation of the Pan Abode structure, which until this application was an outbuilding on the property. Its status will be upgraded from that of an outbuilding to that of a primary structure as a result of this application's approval. The voluntary agreement to accept landmark designation of the Pan Abode structure represents an outstanding preservation effort. That is, by agreeing to the historic designation of the Pan Abode structure, the applicant is preemptively and proactively mitigating the potential for adverse impacts to the historic significance and architectural character of the property. A heightened level of HPC review over future changes to the Pan Abode structure is being agreed to before any such changes can be brought forward. The requested FAR bonus is being used in the current case as one of the primary incentives to create a historic landmark lot split. This lot split will be one of very few, if not the only, historic landmark lot splits that results in two lots that each contain a landmark structure. The FAR bonus is being used to create this historic lot split inasmuch as, without the bonus, a major part of the motivation behind completing a lot split, as opposed to simply condominium- izing the property, is lost. The proposed lot split will ensure the preservation of two historically significant and landmark-worthy structures. It will also theoretically enable the development of up to three detached units with an aggregate floor area of 4,580 square feet inclusive of the 500 square foot bonus requested herein. In summary, by completing the proposed historic landmark lot split, all criteria to qualify as a project of significant merit will be satisfied and an "outstanding preservation effort" will be guaranteed by: â€¢ Ensuring the ability to officially designate the Pan Abode structure as an historic landmark without opposition, thereby preemptively and UHL HISTORIC LANDMARK LOT SPLIT APPLICATION PAGE 13 .. 1. I proactively mitigating the potential for adverse impacts to the historic significance and architectural character of the property. â€¢ Forever elevating the status of the Pan Abode from that of an outbuilding to that of a primary structure, and thereby ensuring the preservation of what is now considered an outbuilding. â€¢ Forever ensuring a heightened level of HPC review over future changes to the Pan Abode structure before any such changes can be brought forward. â€¢ Forever ensuring that any and all future proposals involving either or both of the resulting properties will require HPC review and approval; â€¢ Forever ensuring that the total allowable floor area on the property will be broken up between at least two, if not three, structures; â€¢ Forever ensuring that the total FAR potential of the historic structures will be only 3,240 square feet for the Victorian and 1,340 square feet for the Pan Abode, and thereby largely eliminating the potential for inappropriately sized and scaled additions to these resources. â€¢ Forever ensuring that nobody will be able to apply for additions that would make the currently designated landmark structure 3,660 square feet as a single-family unit or, worse still, 4,080 square feet as a duplex; â€¢ Forever ensuring that any additions to either residence will be in a form compatible with the historic structures in terms of general scale, site plan, massing and volume; and, â€¢ Enabling the potential for the 9,000 square foot lot to be developed as three (3) relatively small, single-family detached residences in a manner consistent with the historic development pattern of the original Aspen Townsite. b. The historic building is the key element of the property and the addition is incorporated in a manner that maintains the visual integrity of the historic building; and/or No additions are proposed at this time, rendering this standard inapplicable. However, any future proposals for additions to either residence on UHL HISTORIC LANDMARK LOT SPLIT APPLICATION PAGE 14 the property will be subject to HPC review and approval, including consideration of whether such proposal(s) maintain the visual integrity of the historic buildings. c. The work restores the existing portion of the building to its historic appearance; and/or No work, restoration or otherwise, is proposed at this time, rendering this standard inapplicable. d. The new construction is reflective of the proportional patterns found in the historic building's form, materials or openings; and/or No new construction is proposed at this time, rendering this standard inapplicable. However, any future proposals for construction on the resulting lots will be subject to HPC review and approval, including consideration of whether such proposal(s) are reflective of the proportional patterns found in the historic building's form, materials or openings. e. The construction materials are of the highest quality; and/or Again, this standard is not applicable at this time since no change in building materials is contemplated herein. Any future changes to existing exteriors will be subject to HPC review and approval, including consideration of construction materials. f An appropriate transition defines the old and new portions of the building; and/or No new portions are proposed to either of the historic structures on the subject property. However, the open space between the historic structures will remain intact and provides a highly appropriate transition between them, especially since they are of different styles and times. g. The project retains a historic outbuilding; and/or The project ensures preservation of the Pan Abode structure which, until this application, was an outbuilding on the property. Its status will be upgraded from that of an outbuilding to that of a primary structure as a result of this application's approval. In this way, a historic outbuilding is being not only retained but also elevated in status. UHL HISTORIC LANDMARK LOT SPLIT APPLICATION PAGE 15 .. . 1 h. Notable historic site and landscape features are retained; and/or The Inventory forms (attached hereto as Exhibit 5) describe the following "Landscaping or special setting features:" â€¢ A picket fence runs along the front of the property; this will not be affected by the proposed lot split. â€¢ Historic cottonwoods are at each front corner; this refers to the street trees in the West Hallam Street right-of-way, and these will not be affected by the proposed lot split. â€¢ A mature blue spruce on the west property line; this tree is located at the southwest corner of the property and will not be affected by the proposed lot split. â€¢ There are two honeysuckle shrub masses: two on the south fence line and another hedge on the east fence line; neither of these shrub masses will be affected by the proposed lot split. â€¢ Although not noted on the Inventory forms, the existing walkways to the residences will also be retained. In summary, to be eligible for a 500 square foot FAR bonus, a project must meet standard 1, ix:, above and one or more of standards b-h. The Code provides at Section 26.415.110(E)(2) that projects which demonstrate consistency with multiple elements of standards b-h will have a greater likelihood of being awarded additional floor area. The foregoing has demonstrated complete consistency with standard "a," as required. In addition, consistency with standards b, c, d and e has been assured as a result of this application. Finally, a high level of consistency with standards f, g, and h has been demonstrated. Accordingly, granting of the requested 500 square foot bonus is merited in the current case and should be awarded to this application. We hope the information and responses provided herein prove helpful in your review, and we look forward to working with you toward approving this worthy application. If you should have any questions or desire any additional information, please do not hesitate to contact me. UHL HISTORIC LANDMARK LOT SPLIT APPLICATION PAGE 16 .. Yours truly, Haas Land Planning, LLC A l- -0 Mitch Haas, AICP Owner/Principal Attch./ c: My Documents/City Applications/Uhl Application UHL HISTORIC LANDMARK LOT SPLIT APPLICATION PAG E 17 ~. lit ZInd .. EXHIBITS Exhibit #1: Pre-Application Conference Summary Exhibit #2: Land Use Application and Dimensional Requirements Forms Exhibit #3: Proof of Ownership Exhibit #4: Letter of authorization for Haas Land Planning, LLC, to represent the owner/ applicant Exhibit #5: Architectural Inventory Forms and the 1904 Sanborn Map for the subject property Exhibit #6: List of Property Owners Within a 300 Foot Radius Exhibit #7: Executed Fee Agreement .. EXHIBIT 1 .. 1 '1 CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Amy Guthrie DATE: 07.19.02 PROJECT: 320 W. Hallam Street REPRESENTATIVE: Mitch Haas OWNER: Tony Uhl TYPE OF APPLICATION: Historic Landmark Lot Split, Variances DESCRIPTION: The lot, which is 9,000 square feet in size, is to be split into two parcels. The existing 19th century house will be on a 6,000 square foot lot and the Pan Abode will be on a 3,000 square foot lot. The amount of floor area that will be allocated to each new property will be established in the lot split. The owner plans to request a west sideyard setback variance along the Pan Abode, which will be less than 5 feet away from the new lot line. The owner will also apply for a 500 square foot FAR bonus. In order to meet the standards for a floor area bonus, which are primarily written to address a redevelopment proposal where new construction is taking place, which is not the case in this application, the owner will commit to preserving the Pan Abode structure. The owner must hold a worksession with HPC prior to a formal hearing in order to discuss the merits of the bonus. PROCESS: Step 1: Attend a worksession with the HPC to discuss the FAR bonus request Step 2: Public hearing at HPC for Historic Landmark Lot Split and Variances Step 3: First reading of a lot split ordinance at Council Step 4: Public Hearing and second reading of a lot split ordinance at Council. Land Use Code Section(s) Historic Landmark Lot Split*I Section 26.480.030(A)(2) and (4), Section 26.470.070(C), and Section 26.415.110(A.) Variances* Section 26.415.110(B) and (E) Review by: *Historic Preservation Commission, â€¢ Planning and Zoning Commission, v City Council Public Hearing: Yes, Applicant must post property and mail notice at least 15 days prior to hearing to land owners within three hundred (300) feet of the property subject to the development application . Applicant will need to provide proof of posting and mailing with a affidavit at the public hearing. Referral Agencies: none Planning Fees: $1,205.00 deposit fee Referral Agency Fees: none Total Fees: $1,205.00 deposit To apply, submit 12 copies of a complete application on the forms provided by the Community Development Department, an application fee, and a signed fee agreement. . EXHIBIT 2 LAND USE APPLICATIO~ ' PROJiCT: Name: {litt 141570Â£10 LAADMAEK Gr941-r Location: 3044520 Id i HALLAM Sr. / Lars 11,0 2 P, ?we,g 42.,Crrw Â¢E,Alsrre oFAaW (Indicate street address, lot & block number, legal description where appropriate) APPLICANT: Name: Agrod URL Address: 2455 EMMA Re.; BA,N,# CO 81621 Phone #: (970)927- 8636 8*44: *0)?27Â· 8636 EMAIL: antonj @lte. net REPRESENTATIVE: Name: 1--Ads [.#Ble R.AAAÂ»16, l.LC Address: 201 A. MILL ST:, StrE 108Â·A*A, CO 81611 Phone #: (970) 925-7817 FAx*: 690)925- 13?5 Oati: Inhaas@sorrb,nâ‚¬t TYPE OF APPLICATION: (please check all that apply): Conditional Use U Conceptual PUD U Conceptual Historic Devt. Special Review 2 Final PUD (& PUD Amendment) ~ Final Historic Development Design Review Appeal U Conceptual SPA U Minor Historic Devt. GMQS Allotment U Final SPA (& SPA Amendment) U Historic Demolition GMQS Exemption U Subdivision U Historic Designation ESA - 8040 Greenline, Stream U Subdivision Exemption (includes U Small Lodge Conversion/ Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane 4 Lot Split (1415"bKIC WOMS m Temporary Use 0 other:\AKIAâ€¢lee5 4 U Lot Line Adjustment ~ Text/Map Amendment FAR. &>Aus EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) 1* MOSICeE>: A Â·1\190Ric*1,4 ~066lal#f[*DU,CroR,AO& A 24 *DE Alo,16 0 r[H 5â‚¬4â‚¬UL Oureallotta DA Pr 9,0,OID lar -5â‚¬6 AN>ucâ‚¬00,1 triER.4. 6.ok,4arrSOWEY PROPOSAL: (description of proposed buildings, uses, modifications, etc.) lor Qu-r lo firr -ME ViclbÂ£1*1 0.1 A G,00041 lar * Trw ~11 0*06 0,1 A 3,0000 01) A 500* fAR-90&1%g 60(E,cK,kgthlre>- Set NFLICâ‚¬[Toa W[rEK Haye you attached the following? FEES DuE: $ 1/2-05. 02 [2[,Pre-Application Conference Summary ~ Attachment #1, Signed Fee Agreement Â®~,Response to Attachment #2, Dimensional Requirements Form I d/Response to Attachment #3, Minimum Submission Contents [L,Response to Attachment #4, Specific Submission Contents ~ Response to Attachment #5, Review Standards for Your Application UKU El U El .. 1, 1 General Information Please check the appropriate boxes below and submit this page along with your application. This information will help us review your plans and, if necessary, coordinate with other agencies that may be involved. YES NO C] ~ Does the work you are planning include exterior work; including additions, demolitions, new construction, remodeling, rehabilitation or restoration? 0 * Does the work you are planning include interior work; including remodeling, rehabilitation, or restoration? D < Do you plan other future changes or improvements that could be reviewed at this time? ,~ In addition to City of Aspen approval for a Certificate of Appropriateness or,No Negative Effect and a building permit, are you seeking to meet the Secretary of the Interior's Standards for Rehabilitation or restoration of a National Register of Historic Places property in order to qualify for state or federal tax credits? 0 If yes, are you seeking federal rehabilitation investment tax credits in conjunction with this project? (Only income producing properties listed on the National Register are eligible. Owner-occupied residential properties are not.) 0 0 If yes, are you seeking the Colorado State Income Tax Credit for Historical Preservation? Please check all City o f Aspen Historic Preservation Benefits which you plan to use: C] Rehabilitation Loan Fund 0 Conservation Easement Program ~Dimensional Variances 0 Increased Density Â¥Historic Landmark Lot Split 0 Waiver of Park Dedidation Fees 0 Conditional Uses ,~'Exemption from Growth Management Quota System O Tax Credits ~ (EX i b.-r / A.-26 : 3 LELI~ , ~ Dimensional Requirement ~rm Â· (Item #10 on the submittal requirements key. Not necessary for all projects,) Project: Auzzlt::Ll-2-44.6.-/5-7*â‚¬21=._LEI-1â‚¬-&=LI_ Applicant: A w-Tok] U W L. Project Location: 310 + 30 9 vj. 144 114 M ST, BLOCK 42, LOTS N,D, f> Zone District: 2.6 Lot Size: 9.000 ST. 44. Lot Area: 9.000 9. 44Â· (For the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition o f Lot Area in the Municipal Code.) Commercial net leasable: Existing: 0 ~ k Proposed: 4 ~ 4 Number of residential units: Existing.1-Wof-2) Proposed: -BA o C 2-3 Number of bedrooms: Existing: 8'1â‚¬ (5) Proposed: 'F,4 e &) Proposed % of demolition: Al~r DIMENSIONS: (write Wa where no requirement exists in the zone district) Floor Area: Existing:~9071.N0Allowable: 1[23 Proposed: 4,560 ~Height ~Principal Bldg.: Existing: Allowable: 15 Proposed: *) CAN*Â£ 2-1 ' O,1 FE.rr (Accessory Bldg.: Existing: Allowabi -" U DA ReAProposed: 00 C*NAâ‚¬Â£ On-Site parking: Existing: ~ Required: 3 Proposed: \ % Site coverage: Existing: *RDÂ¥267Atequired: 6303%> Proposed: No CA\A#66 % Open Space: Existing: O ~{>i Required: 11~A Proposed: A /A Front Setback: Existing:AffhsÂ£15 Required: 10 Proposed: 06 C**AQÂ£ Rear Setback:?2.,Â¥44:Â·1% Existing:*Â®sjj~O Required: \0 Proposed: 00 04*Â£ Accese,064: 5' 1!2.2182Â§-F Combined Front/Rear: Â¥E-AmMN'Â· Existing:Ing,C~b Required: 3>CS Proposed: *C> CA\NME Indicate N, S, E, WAcceaoky: 01*: 841 15' )10 07*-66 Side Setback: EAÂ·gr Existing: 5.4' Required: ~D' Proposed: 5, Side Setback: \Aef Existing: 4 Required: ~0' Proposed: H Combined Sides: Existing: 9.~ Required: ~ Proposed: 9 Existing non-conformities or encroachments and note if encroachment licenses have been issued: PLEASE EEFEE--Tb PARE 4 oF 1% WUTBil APPIA CA-[70,1. Variations requested (identify the exact variances needed): Flesâ‚¬ R~foi,-rb fAâ‚¬esÂ»{0 -11(JF -IHE erlibl APPLic.mo#; Al.90, A 5(Â¥) F fAR. @Als S REGUEâ‚¬[EÂ© D~nsional Requirement Form ~~ L---711%19 1 2 y.6-1--<4 (Item #10 on the submittal requirements key. Not necessary for all projects.) Project: AW-roe U (-1 L.- - H 1 670/1. Le_- wvT Sfic -r Applicant: A-070 4 UU- Project Location: 3 2.0 KIÂ· NALLAM 57 1&4~614- 4 1 , Ao-7-5 N â€¢ 0, Zone District: 12.- 6 Lot Size: G.DOÂ© Lot Area: 6 .DO O s c~. % 1- Â· (For the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition o f Lot Area in the Municipal Code.) Commercial net leasable: Existing: .1 ~ R Proposed: U ~A Number o f residential units: Existing: DAâ‚¬ C D Proposed: 0046 01 Number of bedrooms: Existing: EOUR.(U) Proposed: Fba 2 64 ) Proposed % of demolition: A~r DIMENSIONS: (write n/a where no requirement exists in the zone 4istrict) Floor Area: Existing: ARAX: |,~8Wlowable: 3,â€¢gl~~~ Proposed.- 4RlblkAU,cuMBLE Height Principal Bldg.: Existing: Allowable: ~5 Proposed: *0 0\N\Â£Â£ 21' admoor *b Accessory Bldg.: Existing: Allowable:\2 0*Rak'~ Proposed: 40 CAAAE On-Site parking: Existing: Required: 2- Proposed: *0 0\NXEE % Site coverage: Existing:M*40122Required: â‚¬1'~C)7) Proposed: *0 (Ak\6â‚¬. % Open Space: Existing: ~A Required: 0 /A Proposed: A ~ pr Front Setback: Existing:NmAC~ Required: ~0' Proposed: 40 0\1*~ Rear Setback: ?Rxkk; Existing*~ Required: ~I) Proposed: b\0 OAN*Â£ Acateogr: 5' 00 CH-A~16â‚¬ Combined - Prontlear: Â¥RAAERprt: Existing: 54 Required: 30' proposed: }\0 0~405 Indicate N, S, E, W AcaEGÂ«Y: APPAL 81% IS' plo cHAA~â‚¬ Side Setback: @Faf)Existing: 1(Wgi~~ Required: 9 Proposed: *c> CAâ„¢kE~_ Nk\*CA?AL Side Setback: ~KEER) Existing:INIK.4 Required: 5' Proposed: l~ p ELOG. OALY Combined Sides: Existing:80(.1}\ Required: f5 Proposed: 40 NE _ Existing non-conformities or encroachments and note i f encroachment licenses have been issued: PLGEâ‚¬ KefiER- -2> inâ‚¬â‚¬ 4 OF -111â‚¬ WAr[Â£0 APPLI CAFEc:Â»1 Variations requested (identify the exact variances needed): fLGEâ‚¬ REFEE- -Ib IMES 10 -11 OF -IHE WA\-WA *ll(Aliod. . ~px k.-1 A soDa 3 1 1- o 79- . - ~ Dimensional Requirement ~rm (Item #10 on the submittal requirements key. Not necessary for all projects,) Project: 200-7-0 K) U l-I c - H (5702.-1 C- L-O -7- S fa. 1 -1- Applicant: AN-TDN.1 0 641 Proj ect Location: __*2-1-__AL,&#Af=eltl-_SI. Zone District: 2-6 Lot Size: 3,00Â© Lot Area: 3,000 61 . .Al-Â· (For the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: J ~ Proposed: 4 ~4 Number of residential units: Existing: 0+16 (1) Proposed: CilE CA Number of bedrooms: Existing: Ok (\) Proposed: CRJE (,6 Proposed % of demolition: bl~' DIMENSIONS: (write n/a where no require~ent exists in the zone ~istrict) Floor Area: Existing: ~)00 Allowable: ~-, ~~ Proposed: 1,540Â¢ Height Principal Bldg.: Existing: Allowable: 25 Proposed: *6 CAM\GÂ£ Accessory Bldg.: Existing: Allowable: UY A-1 Proposed:*0 146Â£ On-Site parking: Existing: 0 Required: j Proposed: 06 0**Â£ % Site coverage: Existing: 2036 Required: 0~A Proposed: 40 CA#,AgE % Open Space: Existing: *~1\ Required: bl~A Proposed: A ~Pt Front Setback: Â· Existing:Nt?016~ Required: 10% Proposed: &0 0\Nkâ‚¬Â£ Rear Setback: Existing:1'Mo(. 55' Required: 10 Proposed:%0 CE#%Â£ Combined Front/Rear: Existing:*k*. ~; Required: ~30 Proposed: *6 ChkAGE Indicate N, S, E, W Side Setback: (Effi:5~) Existing: 5.L~ Required: 5 Proposed:t\0 CM*Â£ Side Setback: 6]*Â£56 Existing:8&3Â£55 Required: 5 Proposed: 5 Combined Sides: Existing: < Cl Required: ~D' Proposed: ~ Existing non-conformities or encmachments and note if encroachment licenses have been issued: flehEE gâ‚¬f# -E> PME 4 OF- lile AFFLICA-Tfort LE1(â‚¬12- Variations requested (identify the exact variances needed): ~LOEâ‚¬ RefEK -10 fl~GE, 10 -11 oF THE APPLI c,4110,1 l.6-20. . EXHIBIT 3 .. â€¢ I COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: May 20, 2002 at 8:00 AM Case No. PCT17086L 2. Policy or Policies to be issued: (a) ALTA Owner's Policy-Form 1992 Amount$ 0.00 Premium$ 0.00 Proposed Insured: Rate: (b) ALTA Loan Policy-Form 1992 Amount$ 0.00 Premium$ 0.00 Rate: Proposed Insured: Tax Certificate: $0.00 3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: MARGARETE A. UHL AS TO AN UNDIVIDED ONE-HALF INTEREST, AND MARGARETE ANNA UHL AS TO AN UDIVIDED ONE-HALF INTEREST. 4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is described as follows: LOTS N, O AND P, BLOCK 42, CITY AND TOWNSITE OF ASPEN. PITKIN COUNTY TITLE, INC. Schedule A-PG.1 601 E. HOPKINS This Commitment is invalid ASPEN, CO. 81611 unless the Insuring 970-925-1766 Phone Provisions and Schedules 970-925-6527 FAX A and B are attached. 877-217-3158 Toll Free AUTHORIZED AGENT COUNTERSIGNED: .. 1 A SCHEDULE B - SECTION 1 REQUIREMENTS The following are the requirements to be complied with: ITEM (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. ITEM (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record to-wit: THIS COMMITMENT IS FURNISHED FOR INFORMATIONAL PURPOSES ONLY, IT IS NOT A CONTRACT TO ISSUE TITLE INSURANCE AND SHALL NOT BE CONSTRUED AS SUCH. IN THE EVENT A PROPOSED INSURED IS NAMED THE COMPANY HEREBY RESERVES THE RIGHT TO MAKE ADDITIONAL REQUIREMENTS AND/OR EXCEPTIONS AS DEEMED NECESSARY. THE RECIPIENT OF THIS INFORMATIONAL REPORT HEREBY AGREES THAT THE COMPANY HAS ISSUED THIS REPORT BY THEIR REQUEST AND ALTHOUGH WE BELIEVE ALL INFORMATION CONTAINED HEREIN IS ACCURATE AND CORRECT, THE COMPANY SHALL NOT BE CHARGED WITH ANY FINANCIAL LIABILITY SHOULD THAT PROVE TO BE INCORRECT AND THE COMPANY IS NOT OBLIGATED TO ISSUE ANY POLICIES OF TITLE INSURANCE. . .. I .Â·I SCHEDULE B SECTION 2 EXCEPTIONS The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. An~ lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes due and payable; and any tax, special assessment, charge or lien imposed for water or sewer service or for any other special taxing district. 7. Reservations and exceptions as set forth in Deeds from the City of Aspen recotded in Book 59 at Page 147 and Book 59 at Page 498 providing as follows: Â»That no title shall be hereby acquired to any mine of gold, silver, cinnabar or copper or to any valid mining claim or possession held under existing laws". 8. Easement and right of way for electric system as set forth in Easement Agreement recorded December 11,1986 in Book 524 at Page 828. .. 1 8 ADDITIONAL INFORMATION AND DISCLOSURES The Owner's Policy to be issued, if any shall contain the following items in addition to the ones set forth above: (1) The Deed of Trust, if any, required under Schedule B-Section 1. (2) Water rights, claims or title to water. (NOTE: THIS EXCEPTION WILL APPEAR ON THE OWNER'S AND MORTGAGE POLICY TO BE ISSUED HEREUNDER) Pursuant to Insurance Regulation 89-2 NOTE: Each title entity shall notify in writing every prospective insured in an owner's title insurance policy for a single family residence (including a condominium or townhouse unit) (i) of that title entity's general reÂ®irements for the deletion of an exception or exclusion to coverage relating to unfiled mechanics or materialmens liens, except when said coverage or insurance is extended to the insured under the terms of the policy. A satisfactory affidavit and agreement indemnifying the Company against unfiled mechanics' and/or Materialmen's Liens executed by the persons indicated in the attached copy of said affidavit must be furnished to the Company. Upon receipt of these items and any others requirements to be specified by the Company upon request, Pre-printed Item Number 4 may be deleted from the Owner's policy when issued. Please contact the Company for further information. Notwithstanding the foregoing, nothing contained in this Paragraph shall be deemed to impose any requirement upon any title insurer to provide mechanics or materialmens lien coverage. NOTE: If the Company conducts the owners or loan closing under circumstances where it is responsible for the recording or filing of legal documents from said transaction, the Company will be deemed to have provided "Gap Coverage". Pursuant to Senate Bill 91-14 (CRS 10-11-122) (a) The Subject Real Property may be located in a Special Taxing District; (b) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained form the County treasurer of the County Treasurer's Authorized Agent; (c) Information regarding Special Districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. NOTE: A tax Certificate will be ordered from the County Treasurer by the Company and the costs thereof charged to the proposed insured unless written instruction to the contrary are received by the company prior to the issuance of the Title Policy anticipated by this Commitment. Pursuant to House Bill 01-1088 (CRS 10-11-123) If Schedule B of your commitment for an Owner's Title Policy reflects an exception for mineral interests or leases, pursuant to CRS 10-11-123 (HB 01-1088), this is to advise: (a) There there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals or geothermal energy in the property and (b) That such mineral estate may include the right to enter and use the property without the surface owners' permission. This commitment is invalid unless Schedule B-Section 2 the Insuring Provisions and Schedules Commitment No. PCT17086L A and B are attached. 0 . EXHIBIT 4 .. August, 2002 Mr. Anton Uhl 2455 Emma Road Basalt, CO 81621 Aspen Community Development Department 130 South Galena Street Aspen, CO 81611-1975 Re: Uhl Historic Lot Split Application To whom it may concern: I hereby authorize Haas Land Planning, LLC, to act as my representative with respect to the land use application being submitted to your office for my property located at 304 and 320 West Hallam Street (Lots N, O, and P, Block 42, City and Townsite of Aspen). Haas Land Planning, LLC, or their assigns, are authorized to represent me in meetings with City staff, boards, commissions, and the City Council. Should you have any need to contact me during the course of your review, please do so through Haas Land Planning, LLC, whose address, telephone and fax numbers, and email address are provided in the application. Sincerely, *324/223 6.2--7#4-04. Anton Uhl, Owner L + e . EXHIBIT 5 ' . . 04 0 OAHP1403 Official eligibility determination Rev. 9/98 (OAHP use only) Date Initials COLORADO CULTURAL RESOURCE SURVEY Determined Eligible- NR Determined Not Eligible- NR Determined Eligible- SR Architectural Inventory Form Determined Not Eligible- SR (page 1 of 4) Need Data Contributes to eligible NR District Noncontributing to eligible NR District 1. IDENTIFICATION 1. Resource number: 5PT.255 2. Temporary resource number: 320.WHA (320.WH) 3. County: Pitkin 4. City: Aspen 5. Historic building name: C.J. Glassbrook House 6. Current building name: 7. Building address: 320 West Hallam Street, Aspen Colorado 81611 8. Owner name and address: Margarete A. Uhl PO Box 122 Aspen, CO 81612 II. Geographic Information 9. P.M. 6 Township 10 South Range 85 West SE G of SW G of NE G of SE G of Section 12 10. UTM reference Zone 1 3;34 2 4 5 OmE 4 3 3 9 6 6 5mN 1 l. USGS quad name: Aspen Quadrangle Year: 1960, Photo Rev. 1987 Map scale: 7.5' X 15' Attach photo copy of appropriate map section. 12. Lot(s): N, 0, & P Block: 42 Addition: Year of Addition: 13. Boundary Description and Justification: Site is comprised of Lots N, 0, & P; Block 42 of the Citv and Townsite of Aspen. Assessors office Record Number 2735-124-23-006 This description was chosen as the most specific and customarv description of the site. III. Architectural Description 14. Building plan (footprint, shape): Rectangular 15. Dimensions in feet: Length x Width 16. Number of stories: One storv 17. Primary external wall material(s) (enter no more than two): Horizontal Wood Sidinq 18. Roof configuration: (enter no more than one): Gable Roof 19. Primary external roof material (enter no more than one): Wood Shinqle Roof 20. Special features (enter all that apply): Porch, Decorative shinqles 1 + Resource Number: 5PT.255 Temporary Resource Number: 320.WHA Architectural Inventory Form (page 3 of 4) 35. Historical background: This structure is representative of Aspen's mining era character. The b-uildinq represents an upper middle class residence indicative of the evolution of Aspen from a mining camp to a well established community. 36. Sources of information: Pitkin County Courthouse records; Sanborn and Sons Insurance Maps; 1990 and 1980 City of Aspen Survey of Historic Sites and Structures VI. Significance 37. Local landmark designation: Yes X No Date of designation: 1982 Designating authority: Aspen City Council 38. Applicable National Register Criteria: A. Associated with events that have made a significant contribution to the broad pattern of our history; B. Associated with the lives of persons significant in our past; X C. Embodies the distinctive characteristics of a type, period, or method of construction, or represents the work of a master, or that possess high artistic values, or represents a significant and distinguishable entity whose components may lack individual distinction; or D. Has yielded, or may be likely to yield, information important in history or prehistory. Qualifies under Criteria Considerations A through G (see Manual) Does not meet any of the above National Register criteria 39. Area(s) of significance: Architecture 40. Period of significance: Late 1800's Silver Mining Era 41. Level of significance: National State Local X 42. Statement of significance: This structure is significant for its position in the context of Aspen's mining era. It describes the nature of the life of a middle class family or individual during that period, as well as the construction techniques, materials available and the fashion of the time. 43. Assessment of historic physical integrity related to significance: Alterations are minimal, but do disturb areas of detail that contributed significantly to the character of the structure. The form and scale of the structure are intact. VII. National Register Eligibility Assessment 44. National Register eligibility field assessment: Eligible Not Eligible X Need Data 45. Is there National Register district potential? Yes No X Discuss: JUL-28-2002 FRI 03:56 PM FAX NO, P. 01 , 0 0 oAHP1403 Official eligibility determination Rev. 9/98 (OAHP use only> Dae Irlitials COLORADO CULTURAL RESOURCE SURVEY _ Determined Eligible. NR Determined Not Eligible- NR Dete,mined 8igible- SR Architectural Inventory Form - Determined Not Eligible- SR (page 1 of 4) -- Need Data Contributes to eligible NR District Noncontribudng to eligible NR District 1. IDENTIF]CATION 1. Resource number: ~ 2. Temporary resource number: 320.WHA 3. County: Pitkin 4. City: Aspen 5. Historic building name: _ 6. Current building name: 7. Building address: 320 West Hallam Asoen, Colorado 81611 8. Owner name and address: Margarete A. Uhl 320 West Hallam Aspen, Colorado 81611 11. Geographic Information 9. P.M. 6 Township 10 South Range 84 West SW 14 of NW M of NE 9. of SE Â¥4 Of Section 7 10. UTM reference Zone 1 3 : 3 4 2 _1_ -1- -1_mE . 4 3 3 9 7 0 mN 11. USGS quad name: Aspen Quadranale Year: 1960, Photo Rev. 1987 Map scale: 7.5'_ X 15' Arldch photo copy of appropnam map section. 12. Lot(s): N. 0. & P Block: 42 Addition: Year of Addition: 13. Boundary Description and Justification: Site is comorised ot Lots N, O. & P: Block 42 of.the City and Townsite of Aspen. Assessors office Record Number: 2735-124- This descrintion was chosen as the most SDecific and cuslomary descrintion of the site, 111. Architectural Description 14. Building plan (footprint, shape): Rectancular 15. Dimensions in feet: Length x Width 16. Number of stories: One Story 17. Primary external wall materia!(s) Center no more than two): Wood: Log 18. Roof configuration: Center no more than one): Gable Roof 19. Primary external roof material (enter no more than one): 20. Special features (enter all that apply): ' NUL-26-2002 FRI 03:57 ~ FAX ~ P. 03 Resource Number: 5PT.995 Temporary Resource Number- 320.WHA Architectural Inventory Form (page 3 of 4) 38. Applicable National Register Criteria: A. Associated with events that have made a significant contribution to the broad pattern of our history: B. Associated with the lives of persons significant in our past; X C. Embodies the distinctive characteristics of a type. period. or method of construction. or represents the work of a master. or that possess hjgh artistic values, or represents a significant and distinguishable entity whose components may lack individual distinction: or D. Has yielded, or may be likely to yield, information important in history or prehistory. Qualifies under Criteria Considerations A through G (see Manual) Does not meet any of the above National Register criteria 39. Area(s) of significance: Architecture 40. Period of significance: Mid-1.2QQ,1.2iing_Qnmlgnmant~ 41. Level of significance: National - State . Local X 42. Statement of significance: This. structure is significant for its position jn the context of Aspen's early skjinq development. It describes the nature of the simple structures constructed as vacation homes and emplovee housina at a period of time when economy and simplicitv were desirable, The log style was particularly appealing for its association with the mountain environment and lifestyle. 43. Assessment of historic physical integrity related to significance: This structure is in excellent condition and is a good example of the style. VII. National Register Eligibility Assessment 44. National Register eligibility field assessment: Eligible Not Eligible X Need Data 45. Is there National Register district potential? Yes _ No X Discuss: If there is National Register dislrict potential, is this buildingi Contributing Noncontributing 46. H the building is in existing National Register district, is it Contributing Noncontributing VI11. Recording Information 47. Photograph numbers: R13: F-7 Negatives filed at:_8gen/Pitkin Communitv Develooment Dent.. - 48. Report title: CiA -of Aspen Update of Survey of Historic Sites and Structures, 2000 49. Date(s):. 6/29/2000 50. Recorder(sh Suzannah Reid and Patrick Duffield 51. Organization: Reid Architects ~ULÂ»kezy=~2~------ : f - :' i N<.4 -k.115::1*16(424; 2 v-e.~lvam~. -216 234 . 300 308 312_. 320 ; 326 - 33144: : . ~ 4 75-' 0 -----. ~ I.-I- ..-I-'ll-I.I.- 7-1 1 1 wr-:75, .G . 4 w- 5,--*-1 - --4-1 1----F=n, S /34 12 1 Ng. - v 'i_?-mt,&17 91 2.7/i'-I *Ii I *,r >614- 15,17.' t. 01 . 1 ' - I LIE 1 7- ,. - .â€ž 1 o '*1 -1 7 i./1 b /V /2 0 2 2 -4 404%22-21 A OxiN '(a 41 - i / N W % r. 1.6 1 IL k 0 '4, 6 5 4 0 5 k 41 4 6 5 - Z EL - O - -luz 0-=1 0 10 -- - CO - PC Iz / ts firl $ .63* <6. ~1 - Ill 0 K--512 --- 1 . E-32 0 1.Ill CA.) ..- 21.1_ 1 2I1 227 9S3 315 32; 323 329 l N - 234 314 3/6 1 1 1 1 1 1 1 2 -4 4. 4 0 -92 1--7 0 N 3--21 - . r:-7~5~3 ire 1 01 . CD 2 (f) f ~ 1&,1 1 - 1 ~.112> . 0. M.. â‚¬i i 1:~_7 4 9 - 1' ' U H L HISTORIC LANDMARK LOT SPLIT SUBDI V I S I ON EXEMPTION PLAT OWNER S CERTIFICATE t LOTS N, 0, & P, BLOCK 42, , KNOW ALL MEN BY TMESE PRESENTS THAT BEING THE RECORD OWNER -.; OF LOTS N 0 AND P, BLOCK 42 CITY AND TOWNSITE OF ASPEN PITKIN COUNTY .. CITY & TOWNSITE OF ASPEN, COLORADO 60E& HEREBY SUBDIVIDÂ¢ AND REPLAT THIS REAL PROPEATY UNDER THE NAME AND STYLE OF LOTS - UHL HISTORIC LANDMARK LOT SPLIT EXEMPTION SUBO-SION, " CITY OF ASPEN, PITKIN COUNtr, COLORADO. r'.. . PITKIN COUNTY, COLORADO EXECUTED THIS_ DAY OF -, 2002. AS OWNER STATE OF COLORADO ) COUNTY OF P ITKIN I THE FOREGOING OWNERÂ· 5 CERTIFICATE W ACKNOWLEDGED BEFORE ME THIS - DAY OF 2002 BY AS OWNER. VICINITY MAP ~ . WITNESS WY HAND AND OFFICIAL SEAL. MY CO)AAISSION EXPIRES. . .. NOTARY PUBLIC Â£124Â¥â‚¬t ALLEY BLOCK 2 A -PLAT NOTES g - .1. Thi, L..4.... Lol Spli~ filot 10* b*~n pr,por*d pur,yant 10 4-1 i~ accordo~,* i,Ih I 8 SCALE TITLE CERTIFICATE ~ 1 INCH â€¢ 10 FEET THE UNDERSIGNED A DULY AUTHORIZED REPRESENTATIVE OF PI TRIM COUNTY T I TLE. IC. ,>.: Ci ty Co~Â¢i| Ord,eonÂ¢, Niabâ€ž {Sir i. 01 20.0/, H,itorie Pr,Mr,61 ron . ~ REGISTERED TO 06 BUS INESS IN PITKIN COUNTY COLORADO DOES HEREBY CERTIFY THAT Comâ€¢i.,1.4 R..01.i,on N..b.r _ .ed ih. 5.64"""n E...pil.. SIED < OF TITLE NOR AN OPIN|oN OF TITLE NOR A GUARANTEE Of TITLE AND IT IS UNDERSTOOD 49,0.-, regordid .,1, i h. Pii k i. Covity Cl,rk oid R*cordor e. R,copi,on THE PERSONS LISTED AS OWNERS ON THI S FLAT 60 HOLD FEE SIMPLE TITLE TO THE WITHIN S 75Â· DESCRIBED REAL PROPERTY FREE AND CLEAR OF ALL L IENS AND ENCROJBRANCES EXCEPT r t Nuabor Th, lad. grfow,4 by Ihi, Plal orâ€¢ â€¢ubj,cl to th, i,r,i o~d 0 5 10 15 20 THOSE LISTED ON THE OWN/RÂ· S CERTIFICATE. ALTHOUGH WE BELIEVE THE FACTS STATED i w*1,04, W md appro,gli /ad hy all aeplieobt. L/.d U.. R...1.tionâ€¢ of th. C, gy .1-:E .4 of Aip/a. rhe forâ€ž 0,4 co/ditioâ€ž of *crid approvalâ€¢ and of /Fit Plat ihall ru i,th oN THIS PLAT ARIE TRUE THIS CERTIFICATE IS NOT TO BE CONSTRUED AS AN ABSTRACT PAÂ¥â‚¬MENT IFI, L,ad os ,0Â¥**a~ti burd~nig fl- 'm' Â·;*0 ~~ AND AGREto THAT LAND TITLE GUARANtEE COMPANY, NE ITIÂ·ER ASSU,Â£S NOR WILL SE CHARGED 2. ThI 3,000 iqÂ»or, foof 101 11 0.tillid 10 1,340 Iquor. f.*1 of FAR floor or,0 1940 ~/T / z ~2 WITH ANY FINANCIAL OBLIGATION OR LIABILITY WHATSOEVER ON ANY STATEMENT , Â· â€¢,iÂ·cro 00,1, plu, 500 ,1.... f..1 .,ard.1 by th. WPC qi â€¢ 60...1, ,ad ..6.1.c, i. WPC * CONTAINED HEREIN. 49,0, ed oppro,01 for any Propoted 96,9*: :0 :h, u,orier of th, ex:,ling ,iructur, 3 22- SHED DATFOÂ· 2002 2 4 3 PITKIN COUNTY TITLE, INC. 3. 1,11â€¢ 6.000 *quar, 1,0:, 1,2 i, *atitiod i. 0, c,gre,câ€ž of 3.240 i..... f..1 of FAR floor VINCE HIGENS. PRESIDENT ., . I or,4. 0,-r r,i,rv- th~ righ, to requ.I o candil :eNT u,0 opproval to de.lop M : RED CAP 601 E. HOPKINS AVE. Â· odd,1,../1 4*lachid r,sid.niial d..Iling .8,1 0. 'h, 6,000 iquor, foot loi: it i. 22 90~8 ASPEN, COLORADO 816:1 r,Â¢49[Â·Nd :hal HPC approvol of th, iit* p ton oad d- 1 mid bo requir,d 00 Q I. 2 STATE OF COLORADO) 4. No fu,Flher iubdi,Nio, of th, land, dopic/,4 horion thal I b, por*,1101, unloâ€¢â€¢ ~ )â€ž applkablo appr~alâ€¢ m 0616Â·iâ€¢,4 p,râ€¢~on, '10 th, Aspon Leâ€¢d Uâ€¢, Codo- 0,n,r - ELEC & COMM 5.. Â·Â·Â· . ./.c, f 1.911, res,râ€ž* Iho r,961 to wqâ€¢,0/ o r*adjuâ€¢t~,1 of Ike 101 line 10, provid* t,0 COUNTY OF PITIN 3 4,500 .9..r. f.0, loi., .ubjâ€¢e, 4 091 and oil re/ifid lily r.vio. and approval. 2 A g ~-6 820 d THE FOREGOING TITLE CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS - LOT â€¢ /1- : , ' DAY OF 2002 BY VINCE HIGENS AS PRESIDENT OF PITKIN 5. tf ol,y or iho *h,d itruci.ri on bori N .ad O Ir. .., approved for on,I iub../oly N 1. INC d...li.h.d, co.plia.e. .,th 5.c, ion 26 470.070{81[1) ar ih. A.p.. lond U.. Cod., COUNTY TITLE Â· Â· 0/ Ioy bi /,oad,d from ti/* to INN, /i 11 b, athi,vid unl*â€ž,p//1 1,/ vor,/1//4 or, 1 WITNESS MY HAND A OFFICIAL 5 L I...i.d by o. ..lity .ith thi ..thof ity to do ... MY COINISSION E , 6. -0... .......ly ....' 1. ...pt, â€¢i,ho.i oppoâ€¢,~ion, any 'fforti 'h. Ci'y mok.1 tâ€¢â€¢â€¢rd officially d.ign<Ting th. Poâ€¢ Abod, wruciur, 0â€¢ Loi P di o hi,toric laâ€¢dmork NOTARY PUBLIC 7, All uppco,od vceie~c*~ For lh# prop.wm d.picld her,00 or, pw fi,d i Iioric .~ Â·Pr=nal.ion Com=,ii:oÂ» Rt~aluiion Nu,iber 22 1 fe LOT P , 8. Arl ,:lilin, mmchmt, fatoÂ·,6, poblic righ,1-of-ioy are ,~bjec, ,â€¢ th, 1â€¢râ€¢â€¢ â€¢â€¢d t,r pre, -9., of th, T"pror, Rev-6cal,10 E'croachÂ»~nt Itcâ€¢~â€¢ r,cordid inh 'he & ".2 PATIO P.,ki, Co.*iy Clork câ€¢, R.cord.r Iâ€¢ Râ€¢câ€¢plioâ€¢ Nombâ€¢r . Â¥66 LOT o k O 00 0 0 SURVEYOR ' S CERT PF I CATE 9 P.r.11.1 t. S.ci,0.26.420.020, 3...flt.,of ih. A.p.. La.d u.. code, occ...ory B 4 3,000 SO. FT v dâ€¢â€¢Iling -â€¢,i. {ADU., 0, ce.h i. Ii.. f....hill ..i b. r.g.ir.d on/of ihi .ubj.ci y# LOT N A O A SURVEY WAS PERFORMED UNDER WY DIRECTION AND SUPERVISION oF THE HEAEON DESCRCBED p./p...,/.,. 1, DAVID W. W.BRIDE, HEREBY CERTI FY THAT IN JUNE 2002 AND JULY 2002 PROPERTY. THE LOCATION AND DIMENSIONS OF THE BOUNDARY L INES BUILDING ENVELOPES, C.14 Docii,al,/Ad*in:*IrotiÂ¥,/Uhl Plot Notâ€¢i . - A 'll' .0 Â· 6,000 SO.FT Â·,~- . - UTILITIES, INPROVEMENTS AND EASEMENTS SHOWN ON THE P I TKI N COUNTY TITLE, INC. 001 TI TLE COMMITMENT ORDER â€¢ PCT- 1 7086L, DATED MAY 20, 2002 ARE ACCURATELY SHOWN ON THIS MAP. THE CONTROL SURVEY PRECISION IS GREATER THAN i: !O,000 WITH AN ACCURACY TO 0.001 2C OF AN ACRE ANO THAT THE SURVEY WAS DONE IN ACCORDANCE WITH CRS !973 TITLE 38, 1 J... .6 ARTICLE 51 AS AMENDED FROM TIME TO TIME. 2 STORY m LOT p SIGNED THIS _ DAY OF - 2002 :''I *000 F 1 4 :fih 444â‚¬ DAVID W. MIBRIDE RLS 16129 ASPEN SURVEY ENGINEERS, INC. HOUSE _14'13h W 36 210 S. GALENA ST. 1 K .3. 5... 20.-71 e 4 ASPEN, CO. 81611 8 c,rn- 1 '~ CITY COUNC IL APPROVAL -320 LOT O THIS PLAT OF THE UHL HISTORIC LANDMARK LOT SPLIT SUBDIVISION WAS REVIEWED AND APPROVED BY 0* THE CITY COUNCIL OF THE CITY ASPEN ON THIS -DAY OF - 2002 AS .4 ORDINANCE NO. ___ SERIES OF 2002 AND RECORDED AS RECEPTION NO. OF THE REAL ESTATE RECORDS OF PITKIN COUNTY, COLORADO. 375,09 - . 11-E SIGNED THIS _ DAY OF -, 2002 89.99 : /2... *005 'AS#S CF *â‚¬4*INGS P,I Â·304 ATTEST: Â£90.00*6 4 sTORY lie. a 8.8. HELEN KLANDERUD, MAYOR KATHRYN S. KOCK, CITY CLERK 1 '.5 PANASODâ‚¬ 7 2-20 THIS PLAT OF THE UHL HISTORIC LANDAURK LOT SPLIT SUBDIV ISION WAS REVIEWED AND APPROVED BY 'EL CAP Â· ~ CITY ENGINEER' S APP ROVAL LEGEND & NOTES THE CITY ENGINEEN OF THE CITy OF â€¢SPEN, THUS - DAY oF , 2002. O FOUND SURVEY MONUENT REBAR WITH CAP AS NOTED . . CITY ENGINEER, NICK ADEH e SPIKE OR P.K NAIL SURVEY CONTROL s... - A--0 POSTED ADDRESS IS -304 A/0 320 Â»EST HALLAW ST.- 6424 20 - 89 99 N 75.Â°6?: 3 ~0 D .40: COMMUNITY DEVELOPMENT APPROVAL --8- WOOD FENCE THI 5 PLAT OF THE UHL HISTORIC LANDMARK LOT SPLIT SUBDIVISION WAS REVIEWED AND APPROVED BY Â·4 + LF y. - VA RE FENCE 00 , el. THE D i RECTOR OF THE COMMUNITY DEVELOPMENT DEPARTMENT OF THE CITY OF ASPEN ON THIS _ DAY OF 2002. O UTILITY BOX ----- MED CAP DIRECTOR, Â® ELECTRIC TRANSFORMER WATER 9018 STONE WALL TITLE INFORWATION WAS FURNISHED BY. PITKIN COUNTY TITLE, INC. CLERK AND RECORDER'S ACCEPTANCE CONC. CUR& & GUTTER, ACCEPTED FOR RECORDING IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY, c-InE=: =169?62002 9'102 30Â· COLORADO AT - 0 CLOCK _ M. ON THIS - DAY OF 2002 IN PLAT . 1402. BOOK - AT PAGE - AS RECEPTION NUMBER O - r~ CONIFER TREE CALIPER SIZE AS NOTED REST CLERK AND RECORDER, SILVIA DAVIS ~ DECIOUOUS TREE CALIBER SIZE AS NOTED HALLAM STREET PREPARED ay ASPEN SURVEY ENGINEERS. INC. 210 5. GALENA STREET â€¢ZORDING TO COLOR,00 LAN YOU WIT CO-ENCE INY LEak ACTION . ILSED ./.1 - DEFECT 1,1 â„¢,S PUT /1â„¢t' TWI. YEA,S AFTER liu ASPEN, COLO. 81611 - : FIRSt DISCOVERED,iual DEFECT. IN NO EVENT, ,LAÂ¥ AN, ACTION IABED PHONE/FAX Â¢9701 925-III UÂ«ON ANY DEFECT IN THI: PLAT BE co-UKED MORE mi TEN YEâ€¢RS E-MAIL de..â€¢aip.ni.fo.Foâ€¢ .- TME DATE . THE CERTIF ICATION SHOWN HEREON Job *0. 32155 JUNE 7, 2002 REVMED 7-25402 ~~ A.64.05..1 S .... ./ DEPOSIT CERTIFICATE DEPOITED THIS DAÂ¥ OF ,2000 IN BOOK OF THE COUNTY S LAND SURVEY PLITS IT PAGE AS RECEPTION NO. .15 LAND SURVEY FLAT COWPLIES â€¢I TH SECTION 38-5! - !02 COLORADO REVISED rTATUES "110/ 52 COUNTY CLERK - TOWNSHIP Â£0 SOUTH, RANGE 85 WEST 61* Pu - A A SCALE 1 INCH - 10 FEET 0 5 10 4 20 CONTOUR INTERVAL IS- S I,Â·I 9682' = '09. 1 89 0 LOT M SHED ! '*0 0. . J PAVEINT 22 f i a e w 22 f . 90,0 .. /2 3 1 2 - ELEC & Coll ~~16 828 5 LOT N e 1/ 1 l PAT,0 lor o l 0 / LEGEND & NOTES O FOUND SURVEY IONUMENT REIAR WITH CAP AS NOTED ~ 8 SPIKE OR P-K NAIL SURVEY CONTROL 2 STORY .DOD FRAME 1 . 1 36- 1 4/A LOT p POSTED ADDRESS IS -304 AND 320 WEST HALLAM ST -6- *000 FENCE MIUSE 4 â€¢IRE FENCE 1%/3 ... i: O UTILITY BOX : 2 Â® ELECTRIC TRANSFORMER .-- CITY IONUMENT -- 120 ~ - 5 6 - Lor 0 575'09 E - 4. 00 0, Â¥ #AS/5 SEAR,NGS // ' COMMITMENT NO PCT.'7086L TITLE INFORMATION WAS FURNISHED BY: PITKIN COUNTY TITLE. INC. 1 , 6... DATED: JUNE 27, 2002 ads- , / 9 ~~ CON I FER TREE CAL l PER S 1 ZE AS NOTED 3.65Â· - 6.. PANABODE l ~ DECIOUOUS TREE CALIPER SIZE AS NOTED VEL CAP -9/4 7 FINE l l Â· -30â€¢ 2-20 CERTIFICATION . 24.06'o oo , - i CERTIFIED TO: MARGARETE ANNA UHL ./ PITKIN COUNTY TITLE, INC. .j f 70.0/J h Â·l 1. DAVID I. MIBRIDE. I REG 15TERED LAND SURIEYOR IN THE STATE oF T./ WATER COLORADO DO MERESY CERTIFY THAT THIS SURVEY WIS FIELD SURVEYED VALVE 28 DURING JUNE 2002 ON THE GROUND OF THE PROPERTY ~ F.0$ B STONE WALL LEGALLY DESCRI BED HEREIN. AND I S CORRECT BASED ON THE FIELD EVIDENCE SHOWN AS FOUND HEREON. AND THAT THERE ARE NO DEISCREPANCIES. / t CONFLICTS. SHORTAGES IN AREA. BOUNDARY LINE CONFLICTS. ENCROACHMENTS GUTTER - IMPROVEMENT SURVEY 12 4239 OVERLAPPING OF IMPROVEMENTS EASEMENTS OR R IGHTS OF WAY IN F i ELD - / 1 EVIDENCE OR KNOWN TO ME. EXCEPT IS HEREIN SHOWN UNDERGROUND UTILITIES 1/ITS T WITH NO VISIBLE APPURTENANCES AND DOCUMENTS OF RECORD NOT FURNISHED G TO THE SURIEYOR ARE EXCEPTED THIS CERTIFICATION 15 VOID UNLESS LOTS N, 0, & P, BLOCK 42, HALLAM WET STAMPED SL THE SEAL o F THE SURV~:li~~~2..,. S IGNED THIS -Â£2 DAY OF L-j64/;'~Â·Â¢Uq~i~-~.:~~~ CITY & TOWNSITE OF ASPEN, m,0 223276 6~X4 ST-REE T PITKIN COUNTY, COLORADO PREPARED BY ASPEN SURVEY ENGINEERS. INC. ACCORDING TO COLORADO LA, YOU ~IST COWENCE ANY LEGâ€¢L ACT ION 210 S. SALENA STREET 8*SED /011 ANY DEFECT iNâ„¢i; PLAT 1,711 +11 THREE YEAMS AFTER YOU ASPEN, COLO. 81011 FIRST DiscoVERED 30. DEFECT IN NO EVENT. MLY AN. ACT ION BASED PHONE/FAX (9701 925-3816 /O,1 AMY DEFECT IN rwl; PLAT lE Cal/NCED kIONE THAN TEN YEARS E-MAIL da..â€¢o.p..i.fo.com FROÂ» n: DATE Â¥ TIâ‚¬ CERTIFICATION SHOÂ»N HEREON. Job u 32155 JUNE 7, 2002 TITLE COMM. 6-28-02 43 2 '00119-8 0 0 1/4 0 MEMORANDUM TO: Aspen Historic Preservation Commission THRU: Joyce Ohlson, Deputy Planning Director FROM: Amy Guthrie, Historic Preservation Officer Katie Ertmer, Historic Preservation Intern RE: 320 W. Hallam- Historic Landmark Lot Split, and Variances- Public Hearing HPC Resolution No. BO, Series of 2002. DATE: August 28,2002 SUMMARY: This property is listed on the "Aspen Inventory of Historic Landmark Sites and Structures" and contains a Victorian home and a Pan Abode home. The proposal before HPC involves a lot split, setback variances to accommodate the buildings in their present locations, and an FAR bonus. APPLICANT: Anton Uhl, owner, represented by Haas Land Planning, LLC. PARCEL ID: 2735-124-23-006 ADDRESS: 320 W. Hallam, Lots N-P, Block 42, City and Townsite of Aspen, Colorado. ZONING: R-6 (Medium Density Residential) CURRENT LAND USE: 9,000 sq. ft. lot containing a Victorian Home, a Pan Abode home, and three non historic sheds. HISTORIC LANDMARK LOT SPLIT In order to complete a Historic Landmark Lot Split, the applicant shall meet the following requirements of Aspen Land Use Code: Section 26.480.030(A)(2) and (4), Section 26.470.070(C), and Section 26.415.010(D.) 26.480.030(A)(2), SUBDIVISION EXEMPTIONS, LOT SPLIT The split of a lot for the purpose of the development of one detached single-family dwelling on a lot formed by a lot split granted subsequent to November 14, 1977, where all of the following conditions are met: 1 a) The land is not located in a subdivision approved by either the Pitkin County Board of County Commissioners or the City Council, or the land is described as a metes and bounds parcel which has not been subdivided after the adoption of subdivision regulations by the City of Aspen on March 24, 1969; and Staff Finding: The property is part of the historic townsite and has not been previously subdivided. b) No more than two (2) lots are created by the lot split, both lots conform to the requirements of the underlying zone district. Any lot for which development is proposed will mitigate for affordable housing pursuant to Section 26.100.040(A)(1)(c). Staff Finding: This proposal will create one 6,000 square foot lot, and one 3,000 square foot lot, each of which will meet or exceed the 3,000 square foot minimum set for Historic Landmark Lot Splits. Council has recently adopted new benefits for historic properties, pursuant to Section 26.420 of the Municipal Code, which states that affordable housing mitigation will not be required for properties created through a historic landmark lot split. c) The lot under consideration, or any part thereof, was not previously the subject of a subdivision exemption under the provisions of this chapter or a "lot split" exemption pursuant to Section 26.100.040(C)(1)(a); and Staff Finding: The land has not been subdivided previously. d) A subdivision plat which meets the terms of this chapter, and conforms to the requirements of this title, is submitted and recorded in the ojfice of the Pitkin County clerk and recorder after approval, indicating that no further subdivision may be granted for these lots nor will additional units be built without receipt of applicable approvals pursuant to this chapter and growth management allocation pursuant to Chapter 26.100. Staff Finding: The subdivision plat shall be a condition of approval. It must be reviewed by the Community Development Department for approval and reeordation within 180 days of final land use action. e) Recordation. The subdivision exemption agreement and plat shall be recorded in the o#ice of the Pitkin County clerk and recorder. Failure on the part of the applicant to record the plat within one hundred eighty (180) days following approval by the City Council shall render the plat invalid and reconsideration of the plat by the City Council will be required for a showing of good cause. 2 . Staff Finding: The subdivision exemption agreement shall be a condition of approval. D In the case where an existing single-family dwelling occupies a site which is eligible for a lot split, the dwelling need not be demolished prior to application for a lot split. Staff Finding: No dwelling unit is located in a manner that necessitates its demolition in order to split the lot. The Victorian will be preserved as part of this plan in accordance with the land use code. The Pan Abode is only guaranteed to be preserved voluntarily by the applicant if an FAR bonus is granted or an ordinance requiring the preservation of Pan Abodes is adopted by Council before a demolition permit is applied for. g) Maximum potential buitdout for the two (2) parcets created by a lot split shall not exceed three (3) units, which may be composed of a duplex and a single-family home. Staff Finding: The parcel currently contains two detached dwelling units. The proposal does not include any additional units on the site, however the maximum potential build out for this site is three detached units. The 3,000 square foot parcel is permitted to contain one detached dwelling unit. The 6,000 square foot parcel may be permitted to contain two detached dwelling units, with further reviews. 26.480.030(A)(4), SUBDIVISION EXEMPTIONS, HISTORIC LANDMARK LOT SPLIT The split of a lot that is listed on the Aspen Inventory of Historic Landmark Sites and Structures for the development of one new single-family dwelling may receive a subdivision exemption if it meets the following standards: a. The original parcel shall be a minimum of six thousand (6,000) square feet in size and be located in the R-6, R-15, R-15A, RMF, or O zone district. Staff Finding: The subject parcel is 9,000 square feet and is located in the R-6 Zone District. b. The total FAR for both residences shall be established by the size of the parcel and the zone district where the property is located. The total FAR for each lot shall be noted on the Subdivision Exemption Plat. In the Office zone district, the following shall apply to the calculation of maximum floor area for lots created through the historic landmark lot split. Note that the total FAR shall not be stated on the Subdivision Exemption Plat because the floor area will be affected by the use established on the property: 3 If all buildings on what was the fathering parcel remain wholly residential in use, the maximum floor area will be as stated in the R-6 zone district. If any portion of a building on a lot created by the historic landmark lot split is in commercial/office use, then the allowed floor area for that lot shall be the floor area allowed for all uses other than residential in the zone district. If the adjacent parcel created by the lot split remains wholly in residential use, then the floor area on that parcel shall be limited to the maximum allowed on a lot of its size for residential use according to the R-6 standards. If there is commercial/office use on both newly created lots, the maximum floor area for all uses other than residential in the zone district will be applied. Staff Finding: The two lots will be used wholly for residential purposes. The maximum floor area for the original parcel, containing a historical landmark in an R-6 zone, is 4,080 square feet. The applicant is requesting a 500 square foot FAR bonus, discussed below. Should the FAR bonus be granted, the total FAR of 4,580 square feet is to be allocated as follows: 3,080 square feet to Lot N and O, which contains the historic Victorian house, and 1,500 square feet to Lot P, which contains the Pan Abode house. The existing historic Victorian house on Lot N and O is approximately 1,858 square feet in size leaving an expansion potential of 1,222 square feet. The Pan Abode structure on Lot P is approximately 600 square feet in size, leaving an expansion potential of 900 square feet. There are currently no specific plans for expansion of either structure. c. The proposed development meets all dimensional requirements of the underlying zone district. The variances provided in Section 26.415.120(lit)(1)(a),(b), and (c) are only permitted on the parcels that will contain a historic structure. The FAR bonus will be added to the maximum FAR allowed on the original parcel. Staff Finding: Setback variances are requested in part so that the Victorian and outbuildings on the parcel will come into compliance. In addition, a variance is needed to accommodate the Pan Abode in its current location. Note that the HPC must accept the owner's offer of designation in order to grant it a setback variance. The FAR bonus will be discussed in detail below. FAR BONUS The applicant is requesting a 500 square foot floor area bonus. The following standards apply to an FAR bonus, per Section 26.415.110.E: 1. In selected circumstances the HPC may grant up to five hundred (500) additional square feet of allowable floor area for projects involving designated historic properties. To be considered for the bonus, it must be demonstrated that: 4 0-0 - a. The design of the project meets ~ applicable design guidelines; and b. The historic building is the key element of the property and the addition is incorporated in a manner that maintains the visual integrity of the historic building and/or c. The work restores the existing portion of the building to its historic appearance; and/or d. The new construction is reflective of the proportional patterns found in the historic building's form, materials or openings; and/or e. The construction materials are of the highest quality; and/or f. An appropriate transition defines the old and new portions of the building; and/or g. The project retains a historic outbuilding; and/or h. Notable historic site and landscape features are retained. 2. Granting of additional allowable floor area is not a matter of right but is contingent upon the sole discretion of the HPC and the Commission's assessments of the merits of the proposed project and its ability to demonstrate exemplary historic preservation practices. Projects that demonstrate multiple elements described above will have a greater likelihood of being awarded additional floor area. 3. The decision to grant a Floor Area Bonus for Major Development projects will occur as part of the approval of a Conceptual Development Plan, pursuant to Section 26.415.070(D). No development application that includes a request for a Floor Area Bonus may be submitted until after the applicant has met with the HPC in a work session to discuss how the proposal might meet the bonus considerations. Staff Response: Because no redevelopment is proposed at this time, application of the design guidelines is not possible, however, staff finds numerous merits in the proposal that speak to the FAR bonus criteria "b" and "h". The proposed division of FAR allows only a small addition on the Victorian and a modestly sized building on Lot P. The proposal ensures that Lot P will contain a single story structure at the front of the lot, preserving views of the Victorian. Pan Abodes have been discussed as potentially significant within the category of Rustic Architecture for several years. The attached draft context paper, Exhibit C, discusses the significance of this type of architecture in Aspen. While the Pan Abode has not yet been declared significant, this is a pristine example of the type of architecture, and there is nothing currently in place to prevent the owner from pulling a demolition permit tomorrow. Staff feels it is important to take the opportunity to preserve this Pan Abode example, which, depending on the course of future meetings regarding preservation of"recent past" properties could end up being the only example of rustic architecture designated in Aspen. A decision that will be in City Council's, not HPC's hands. If HPC will not approve the 500 square foot FAR bonus now, as part of this application, it can be requested later as part of a redevelopment proposal for the site. In the meantime, the Pan Abode will be transferred and staff feels that there is a high probability that it will be demolished if that option is left open. The willingness of the applicant to volunteer the designation of this building creates what staff views as an outstanding proposal. Therefore, staff recommends HPC grant the 500 square foot FAR bonus at this time and "lock in" the preservation of this excellent example of Rustic architecture. 5 . SETBACK VARIANCES The setback variances needed in order to maintain the historic Victorian structure and the Pan Abode structure in their existing locations are: â€¢ l'west sideyard setback variance for the Victorian, â€¢3' west sideyard setback variance for a shed that is along the alley, â€¢ 4' rear yard setback variance for a shed that is along the alley, â€¢ 5' rear yard setback variances for two other sheds that are located along the alley, â€¢ 4' east sideyard setback variance for the easternmost of the sheds along the alley, â€¢ 2' west sideyard setback variance for the Pan Abode, and â€¢ 2 foot combined sideyard setback variance for the Pan Abode. The criteria, per Section 26.415.110.C of the Municipal Code are as follows: HPC must make a finding that the setback variance: a. Is similar to the pattern, features and character of the historic property or district; and/or b. Enhances or mitigates an adverse impact to the historic significance or architectural character of the historic property, an adjoining designated historic property or historic district. Staff Finding: Staff finds that the setback variances are appropriate because they maintain the historic location of the Victorian structure and the existing locations of the other structures on the property. This standard is met and the setback variances should be granted. RECOMMENDATION: Staff recommends that HPC approve Resolution No. , Series of 2002, recommending Council approve the Historic Landmark Lot Split application for 320 W. HaIlam Street, Lots N-P, Block 42, City and Townsite of Aspen, Colorado, and that the HPC approve the requested Variances with the conditions listed below. 1. The HPC hereby approves a 500 square foot FAR bonus. 2. The HPC hereby approves the following setback variances: a l'west sideyard setback variance for the Victorian, a 3' west sideyard setback variance and a 4' rear yard setback variance for a shed that is along the alley, 5' rear yard setback variances for two other sheds that are located along the alley and a 4' east sideyard setback variance for the easternmost of these sheds, a 2' west sideyard setback variance for the Pan Abode, and a 2 foot combined sideyard setback variance for the Pan Abode. 3. A subdivision plat and subdivision exemption agreement shall be reviewed and approved by the Community Development Department and recorded in the office of the Pitkin County Clerk and Recorder within one hundred eighty (180) days of final approval by City Council. Failure to record the plat and subdivision exemption agreement within the 6 0 - specified time limit shall render the plat invalid and reconsideration of the plat by City Council will be required for a showing of good cause. As a minimum, the subdivision plat shall: a. Meet the requirements of Section 26.480 of the Aspen Municipal Code; b. Contain a plat note stating that the lots contained therein shall be prohibited from further subdivision and any development of the lots will comply with the applicable provisions of the Land Use Code in effect at the time of application; c. Contain a plat note stating that all new development on the lots will conform to the dimensional requirements of the R-6 zone district, except the variances approved by the HPC. d. Contain a plat note stating that neither the current owner, or any future owner of any of the Lots N,O, or P, Block 42, City and Townsite of Aspen, will oppose an application for designation of the Pan Abode structure at any time in the future, or apply for any building permit to demolish the structure. e. The FAR on the two lots created by this lot split shall be allocated as follows: Lot N and O shall receive 3,080 square feet and Lot P 1,500 square feet, which shall be noted on the plat. RECOMMENDED MOTION: "I move to approve Resolution No.~OSeries of 2002." Exhibits: Resolution No ,~0 Series of 2002 A. Staff memo dated August 28,2002 B. Application C. Draft Rustic Architecture Context Paper D. Architectural Guide: Rustic/Log Kit 7 RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC) RECOMMENDING COUNCIL APPROVAL OF A HISTORIC LANDMARK LOT SPLIT AND VARIANCES FOR THE PROPERTY LOCATED AT 320 W. HALLAM STREET, LOTS N-P, BLOCK 42, CITY AND TOWNSITE OF ASPEN, COLORADO RESOLUTION NO.~C, SERIES OF 2002 PARCEL ID: 2735-124-23-006 WHEREAS, the applicant, Anton Uhl, represented by Haas Land Planning, LLC., has requested approval for a Historic Landmark Lot Split, and Variances for the property located at 320 W. Hallam Street, Lots N-P, Block 42, City and Townsite of Aspen, Colorado. The property is listed on the "Aspen Inventory of Historic Landmark Sites and Structures;" and WHEREAS, in order to complete a Historic Landmark Lot Split, the applicant shall meet the following requirements of Aspen Land Use Code: Section 26.480.030(A)(2) and (4), Section 26.470.070(C), and Section 26.415.010(D.) 26.480.030(A)(2), Subdivision Exemptions, Lot Split The split of a lot for the purpose of the development of one detached single-family dwelling on a lot formed by a lot split granted subsequent to November 14, 1977, where all of the following conditions are met: a) The land is not located in a subdivision approved by either the Pitkin County Board of County Commissioners or the City Council, or the land is described as a metes and bounds parcel which has not been subdivided after the adoption of subdivision regulations by the City of Aspen on March 24, 1969; and b) No more than two (2) lots are created by the lot split, both lots conform to the requirements of the underlying zone district. Any lot for which development is proposed will mitigate for affordable housing pursuant to Section 26.100.040(A)(1)(c). c) The lot under consideration, or any part thereof, was not previously the subject of a subdivision exemption under the provisions of this chapter or a "lot split" exemption pursuant to Section 26.100.040(C)(1)(a); and d) A subdivision plat which meets the terms of this chapter, and conforms to the requirements of this title, is submitted and recorded in the office of the Pitkin County clerk and recorder after approval, indicating that no further subdivision may be granted for these lots nor will additional units be built without receipt of applicable approvals pursuant to this chapter and growth management allocation pursuant to Chapter 26.100. .. e) Recordation. The subdivision exemption agreement and plat shall be recorded in the o#ice of the Pitkin County clerk and recorder. Failure on the part of the applicant to record the plat within one hundred eighty (180) days following approval by the City Council shall render the plat invalid and reconsideration of the plat by the City Council will be required for a showing of good cause. D In the case where an existing single-family dwelling occupies a site which is eligible for a lot split, the dwelling need not be demolished prior to application for a lot split. A Maximum potential buitdout for the two (2) pal'cels created by a lot split shall not b' exceed three (3) units, which may be composed of a duplex and a single-family home; and 26.480.030(A)(4), Subdivision Exemptions, Historic Landmark Lot Split The split of a lot that is listed on the Aspen Inventory of Historic Landmark Sites and Structures for the development of one new single-family dwelling may receive a subdivision exemption if it meets the following standards: a. The original parcel shall be a minimum of six thousand (6,000) square feet in size and be located in the R-6, R-15, R-15A, RMF, or O zone district. b. The total FAR for both residences shall be established by the size of the parcel and the zone district where the property is located. The total FAR for each lot shall be noted on the Subdivision Exemption Plat. In the Office zone district, the following shall apply to the calculation of maximum floor area for lots created through the historic landmark lot split. Note that the total FAR shall not be stated on the Subdivision Exemption Plat because the floor area will be affected by the use established on the property: If all buildings on what was the fathering parcel remain wholly residential in use, the maximum floor area will be as stated in the R-6 zone district. If any portion of a building on a lot created by the historic landmark lot split is in commercial/office use, then the allowed floor area for that lot shall be the floor area allowed for all uses other than residential in the zone district. If the adjacent parcel created by the lot split remains wholly in residential use, then the floor area on that parcel shall be limited to the maximum allowed on a lot of its size for residential use according to the R-6 standards. If there is commercial/office use on both newly created lots, the maximum floor area for all uses other than residential in the zone district will be applied. .. c. The proposed development meets all dimensional requirements of the underlying zone district. The variances provided in Section 26.415.120(B)(1)(a),(b), and (c) are only permitted on the parcels that will contains a historic structure. The FAR bonus will be applied to the maximum FAR allowed on the original parcel; and WHEREAS, in order for HPC to grant an FAR bonus, per Section 26.415.110.E, HPC must find that: 1. In selected circumstances the HPC may grant up to five hundred (500) additional square feet of allowable floor area for projects involving designated historic properties. To be considered for the bonus, it must be demonstrated that: a. The design of the project meets all applicable design guidelines; and b. The historic building is the key element of the property and the addition is incorporated in a manner that maintains the visual integrity of the historic building and/or c. The work restores the existing portion of the building to its historic appearance; and/or d. The new construction is ref[ective of the proportional patterns found in the historic building's form, materials or openings; and/or e. The construction materials are of the highest quality; and/or f. An appropriate transition defines the old and new portions of the building; and/or g. The project retains a historic outbuilding; and/or h. Notable historic site and landscape features are retained; and WHEREAS, in order for HPC to grant setback variances per Section 26.415.110.C, HPC must make a finding that the setback variance: a. Is similar to the pattern, features and character of the historic property or district; and/or b. Enhances or mitigates an adverse impact to the historic significance or architectural character of the historic property, an adjoining designated historic property or historic district. WHEREAS, Amy Guthrie and Katie Ertmer, in their staff report dated August 28, 2002, performed an analysis of the application based on the standards, developed findings based on the applicable review criteria, and recommended that the project be approved; and WHEREAS, at their regular meeting on August 28,2002, the Historic Preservation Commission considered the application, found the application was consistent with the applicable sections of the Municipal Code, by a vote of to NOW, THEREFORE, BE IT RESOLVED: HPC recommends Council approve the Historic Landmark Lot Split application for 320 W. Hallam Street, Lots N-P, Block 42, City and Townsite of Aspen, Colorado, and HPC approves Variances with the conditions listed below: .. 1. The HPC hereby approves a 500 square foot FAR bonus. 2. The HPC hereby approves the following setback variances: a l'west sideyard setback variance for the Victorian, a 3' west sideyard setback variance and a 4' rear yard setback variance for a shed that is along the alley, 5' rear yard setback variances for two other sheds that are located along the alley and a 4' east sideyard setback variance for the easternmost of these sheds, a 2' west sideyard setback variance for the Pan Abode, and a 2 foot combined sideyard setback variance for the Pan Abode. 3. A subdivision plat and subdivision exemption agreement shall be reviewed and approved by the Community Development Department and recorded in the office of the Pitkin County Clerk and Recorder within one hundred eighty (180) days of final approval by City Council. Failure to record the plat and subdivision exemption agreement within the specified time limit shall render the plat invalid and reconsideration of the plat by City Council will be required for a showing of good cause. As a minimum, the subdivision plat shall: a. Meet the requirements of Section 26.480 of the Aspen Municipal Code; b. Contain a plat note stating that the lots contained therein shall be prohibited from further subdivision and any development of the lots will comply with the applicable provisions of the Land Use Code in effect at the time of application; c. Contain a plat note stating that all new development on the lots will conform to the dimensional requirements of the R-6 zone district, except the variances approved by the HPC. d. Contain a plat note stating that neither the current owner, or any future owner of any of the Lots N,O, or P, Block 42, City and Townsite of Aspen, will oppose an application for designation of the Pan Abode structure at any time in the future, or apply for any building permit to demolish the structure. e. The FAR on the two lots created by this lot split shall be allocated as follows: Lot N and O shall receive 3,080 square feet and Lot P 1,500 square feet, which shall be noted on the plat. APPROVED BY THE COMMISSION at its regular meeting on the 28th day of August, 2002. Approved as to Form: David Hoefer, Assistant City Attorney Approved as to content: HISTORIC PRESERVATION COMMISSION Rally Dupps, Chair .. ATTEST: Kathy Strickland, Chief Deputy Clerk P91 MEMORANDUM TO: Aspen Historic Preservation Commission THRU: Joyce Ohison, Deputy Planning Director FROM: Amy Guthrie, Historic Preservation Officer Katie Ertmer, Historic Preservation Intern RE: 320 W. Hallam- Historic Landmark Lot Split, and Variances- Public Hearing HPC Resolution No. BO, Series of 2002. DATE: August 28,2002 SUMMARY: This property is listed on the "Aspen Inventory of Historic Landmark Sites and Structures" and contains a Victorian home and a Pan Abode home. The proposal before HPC involves a lot split, setback variances to accommodate the buildings in their present locations, and an FAR bonus. APPLICANT: Anton Uhl, owner, represented by Haas Land Planning, LLC.. PARCEL ID: 2735-124-23-006 ADDRESS: 320 W. Hallam, Lots N-P, Block 42, City and Townsite bf Aspen, Colorado. ZONING: R-6 (Medium Density Residential) CURRENT LAND USE: 9,000 sq. ft. lot contining a Victorian Home, a Pan Abode home, and three non historic sheds. HISTORIC LANDMARK LOT SPLIT In order to complete a Historic Landmark Lot Split, the applicant shall meet the following requirements of Aspen Land Use Code: Section 26.480.030(A)(2) and (4), Section 26.470.070(C), and Section 26.415.010(D.) 26.480.030(A)(2), SUBDIVISION EXEMPTIONS, LOT SPLIT The split of a lot for the purpose of the development of one detached single-family dwelling on a lot formed by a lot split granted subsequent to November 14, 1977, where all of the following conditions are met: 1 p92 / a) The land is not located in a subdivision approved by either the Pitkin County Board of County Commissioners or the City Council, or the land is described as a metes and bounds parcel which has not been subdivided after the adoption of subdivision regulations by the City of Aspen on March 24, 1969; and Staff Finding: The property is part of the historic townsite and has not been previously subdivided. b) No more than two (2) lots are created by the lot split, both lots conform to the requirements of the underlying zone district. Any lot for which development is proposed will mitigate for affordable housing pursuant to Section 26.100.040(A)(1)(c). Staff Finding: This proposal will create one 6,000 square foot lot, and one 3,000 square foot lot, each of which will meet or exceed the 3,000 square foot minimum set for Historic Landmark Lot Splits. Council has recently adopted new benefits for historic properties, pursuant to Section 26.420 of the Municipal Code, which states that affordable housing mitigation will not be required for properties created through a historic landmark lot split. c) The lot under consideration, or any part thereof, was not previously the subject of a subdivision exemption under the provisions of this chapter or a "lot split" exemption pursuant to Section 26.100.040(C)(1)(a); and Staff Finding: The land has not been subdivided previously. d) A subdivision plat which meets the terms of this chapter, and conforms to the requirements of this title, is submitted and recorded in the o#ice of the Pitkin County clerk and recorder after approval, indicating that no further subdivision may be granted for these lots nor will additional units be built without receipt of applicable approvals pursuant to this chapter and growth management allocation pursuant to Chapter 26.100. Staff Finding: The subdivision plat shall be a condition of approval. It must be reviewed by the Community Development Department for approval and recordation within 180 days of final land use action. e) Recordation. The subdivision exemption agreement and plat shall be recorded in the office of die Pitkin County clerk and recorder. Failure on the part of the applicant to record the plat within one hundred eighty (180) days following approval by the City Council shall render the plat invalid and reconsideration of the plat by the City Council will be required for a showing of good cause. 2 .. P93 Staff Finding: The subdivision exemption agreement shall be a condition of approval. D In the case where an existing single-family dwelling occupies a site which is eligible for a lot split, the dwelling need not be demolished prior to application for a lot split. Staff Finding: No dwelling unit is located in a manner that necessitates its demolition in order to split the lot. The Victorian will be preserved as part of this plan in accordance with the land use code. The Pan Abode is only guaranteed to be preserved voluntarily by the applicant if an FAR bonus is granted or an ordinance requiring the preservation of Pan Abodes is adopted by Council before a demolition permit is applied for. g) Maximum potential buildout for the two (2) parcels created by a lot split shall not exceed three (3) units, which may be composed of a duplex and a single-family home. Staff Finding: The parcel currently contains two detached dwelling units. The proposal does not include any additional units on the site, however the maximum potential build out for this site is three detached units. The 3,000 square foot parcel is permitted to contain one detached dwelling unit. The 6,000 square foot parcel may be permitted to contain two detached dwelling units, with further reviekvs. 26.480.030(A)(4), SUBDIVISION EXEMPTIONS, HISTORIC LANDMARK LOT SPLIT The split of a lot that is listed on the Aspen Inventory of Historic Landmark Sites and Structures for the development of one new single-family dwelling may receive a subdivision exemption if it meets the following standards: a. The original parcel shall be a minimum of six thousand (6,000) square feet in size and be located in the R-6, R-15, R-15A, RMF, or O zone district. Staff Finding: The subject parcel is 9,000 square feet and is located in the R-6 Zone District. b. The total FAR for both residences shall be established by the size of the parcel and the zone district where the property is located. The total FAR for each lot shall be noted on the Subdivision Exemption Plat. In the Office zone district, the following shall apply to the calculation of maximum floor area for lots created through the historic landmark lot split. Note that the total FAR shall not be stated on the Subdivision Exemption Plat because the floor area will be affected by the use established on the property: 3 . . L -- If all buildings on what was the fathering parcel remain wholly residential in use, the maximum floor area will be as stated in the R-6 zone district. If any portion of a building on a lot created by the historic landmark lot split is in commercial/office use, then the allowed floor area for that lot shall be the floor area allowed for all uses other than residential in the zone district. If the adjacent parcel created by the lot split remains wholly in residential use, then the floor area on that parcel shall be limited to the maximum allowed on a lot of its size for residential use according to the R-6 standards. If there is commerciakoffice use on both newly created lots, the maximum floor area for all uses other than residential in the zone district will be applied. Staff Finding: The two lots will be used wholly for residential purposes. The maximum floor area for the original parcel, containing a historical landmark in an R-6 zone, is 4,080 square feet. The applicant is requesting a 500 square foot FAR bonus, discussed below. Should the FAR bonus be granted, the total FAR of 4,580 square feet is to be allocated as follows: 3,080 square feet to Lot N and O, which contains the historic Victorian house, and 1,500 square feet to Lot P, which contains the Pan Abode house. The existing historic Victorian house on Lot N and O is approximately 1,858 square feet in size leaving an expansion potential of 1,222 square feet. The Pan Abode structure on Lot P is approximately 600 square feet in size, leaving an expansion potential of 900 square feet. There are currently no specific plans for expansion of either structure. c. The proposed development meets all dimensional requirements of the underlying zone district. The variances provided in Section 26.415.120(B)(1)(a),(b), and (c) are only permitted on the parcels that will contain a historic structure. The FAR bonus will be added to the maximum FAR allowed on the original parcel. Staff Finding: Setback variances are requested in part so that the Victorian and outbuildings on the parcel will come into compliance. In addition, a variance is needed to accommodate the Pan Abode in its current location. Note that the HPC must accept the owner's offer of designation in order to grant it a setback variance. The FAR bonus will be discussed in detail below. FAR BONUS The applicant is requesting a 500 square foot floor area bonus. The following standards apply to an FAR bonus, per Section 26.415.110.E: 1. In selected circumstances the HPC may grant up to five hundred (500) additional square feet of allowable floor area for projects involving designated historic properties. To be considered for the bonus, it must be demonstrated that: 4 .. L P95 a. The design of the project meets 211 applicable design guidelines; and b. The historic building is the key element of the property and the addition is incorporated in a manner that maintains the visual integrity of the historic building and/or c. The work restores the existing portion of the building to its historic appearance; and/or d. The new construction is reflective of the proportional patterns found in the historic building's form, materials or openings; and/or e. The construction materials are of the highest quality; and/or Â£ An appropriate transition defines the old and new portions of the building; and/or g. The project retains a historic outbuilding; and/or h. Notable historic site and landscape features are retained. 2. Granting of additional allowable floor area is not a matter of right but is contingent upon the sole discretion of the HPC and the Commission's assessments of the merits of the proposed project and its ability to demonstrate exemplary historic preservation practices. Projects that demonstrate multiple elements described above will have a greater likelihood of being awarded additional floor area. 3. The decision to grant a Floor Area Bonus for Major Development projects will occur as part of the approval of a Conceptual Development Plan, pursuant to Section 26.415.070(D). No development application that includes a request for a Floor Area Bonus may be submitted until after the applicant has met with the HPC in a work session to discuss how the proposal might meet the bonus considerations. Staff Response: Because no redevelopment is proposed at this time, application of the design guidelines is not possible, however, staff finds numerous merits in the proposal that speak to the FAR bonus criteria "b" and "h". The proposed division of FAR. allows only a small addition on the Victorian and a modestly sized building on Lot P. The proposal ensures that Lot P will contain a single story structure at the front of the lot, preserving views of the Victorian. Pan Abodes have been discussed as potentially significant within the category of Rustic Architecture for several years. The attached draft context paper, Exhibit C, discusses the significance of this type of architecture in Aspen. While the Pan Abode has not yet been declared significant, this is a pristine example of the type of architecture, and there is nothing currently in place to prevent the owner from pulling a demolition permit tomorrow. Staff feels it is important to take the opportunity to preserve this Pan Abode example, which, depending on the course of future meetings regarding preservation of "recent past" properties could end up being the only example of rustic architecture designated in Aspen. A decision that will be in City Council's, not HPC's hands. If HPC will not approve the 500 square foot FAR bonus now, as part of this application, it can be requested later as part of a redevelopment proposal for the site. In the meantime, the Pan Abode will be transferred and staff feels that there is a high probability that it will be demolished if that option is left open. The willingness of the applicant to volunteer the designation of this building creates what staff views as an outstanding proposal. Therefore, staff recommends HPC grant the 500 square foot FAR bonus at this time and "lock in" the preservation of this excellent example of Rustic architecture. 5 . .. P96 1 SETBACK VARIANCES The setback variances needed in order to maintain the historic Victorian structure and the Pan Abode structure in their existing locations are: â€¢ l'west sideyard setback variance for the Victorian, â€¢ 3' west sideyard setback variance for a shed that is along the alley, â€¢ 4' rear yard setback variance for a shed that is along the alley, â€¢ 5' rear yard setback variances for two other sheds that are located along the alley, â€¢ 4' east sideyard setback variance for the easternmost of the sheds along the alley, â€¢ 2' west sideyard setback variance for the Pan Abode, and â€¢ 2 foot combined sideyard setback variance for the Pan Abode. The criteria, per Section 26.415.110.C of the Municipal Code are as follows: HPC must make a finding that the setback variance: a. Is similar to the pattern, features and character of the historic property or district; and/or b. Enhances or mitigates an adverse impact to the historic significance or architectural character of the historic property, an adjoining designated historic property or historic district. Staff Finding: Staff finds that the setback variances are appropriate because they maintain the historic location of the Victorian structure and the existing locations of the other structures on the property. This standard is met and the setback variances should be granted. RECOMMENDATION: Staff recommends that HPC approve Resolution No. , Series of 2002, recommending Council approve the Historic Landmark Lot Split application for 320 W. Hallam Street, Lots N-P, Block 42, City and Townsite of Aspen, Colorado, and that the HPC approve the requested Variances with the conditions listed below. 1. The HPC hereby approves a 500 square foot FAR bonus. 2. The HPC hereby approves the following setback variances: a l'west sideyard setback variance for the Victorian, a 3' west sideyard setback variance and a 4' rear yard setback variance for a shed that is along the alley, 5' rear yard setback variances for two other sheds that are located along the alley and a 4' east sideyard setback variance for the easternmost of these sheds, a 2' west sideyard setback variance for the Pan Abode, and a 2 foot combined sideyard setback variance for the Pan Abode. 3. A subdivision plat and subdivision exemption agreement shall be reviewed and approved by the Community Development Department and recorded in the office of the Pitkin County Clerk and Recorder within one hundred eighty (180) days of final approval by City Council. Failure to record the plat and subdivision exemption agreement within the 6 P97 specified time limit shall render the plat invalid and reconsideration of the plat by City Council will be required for a showing of good cause. As a minimum, the subdivision plat shall: a. Meet the requirements of Section 26.480 of the Aspen Municipal Code; b. Contain a plat note stating that the lots contained therein shall be prohibited from further subdivision and any development of the lots will comply with the applicable provisions of the Land Use Code in effect at the time of application; c. Contain a plat note stating that all new development on the lots will conform to the dimensional requirements of the R-6 zone district, except the variances approved by the HPC. d. Contain a plat note stating that neither the current owner, or any future owner of any of the Lots N,O, or P, Block 42, City and Townsite of Aspen, will oppose an application for designation of the Pan Abode structure at any time in the future, or apply for any building permit to demolish the structure. e. The FAR on the two lots created by this lot split shall be allocated as follows: Lot L,44# --v N and O shall receive 3,080 square feet and Lot P 1,500 square feet, which shall l'./*G u..fjolÂ£/be noted on the plat. 'PL12>4\ l/Ul U w- i =1 1 ou, a L(â‚¬ RECOMMENDED MOTION: "I move to approve Resolution No.~OSeries of2002." Exhibits: Resolution No~O Series of 2002 4-1 A. Staff memo dated August 28,2002 B. Application C. Draft Rustic Architecture Context Paper D. Architectural Guide: Rustic/Log Kit 7 P98 1 RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC) RECOMMENDING COUNCIL APPROVAL OF A HISTORIC LANDMARK LOT SPLIT AND VARIANCES FOR THE PROPERTY LOCATED AT 320 W. HALLAM STREET, LOTS N-P, BLOCK 42, CITY AND TOWNSITE OF ASPEN, COLORADO RESOLUTION NO.~O, SERIES OF 2002 PARCEL ID: 2735-124-23-006 WHEREAS, the applicant, Anton Uhl, represented by Haas Land Planning, LLC., has requested approval for a Historic Landmark Lot Split, and Variances for the property located at 320 W Hallam Street, Lots N-P, Block 42, City and Townsite of Aspen, Colorado. The property is listed on the "Aspen Inventory of Historic Landmark Sites and Structures;" and WHEREAS, in order to complete a Historic Landmark Lot Split, the applicant shall meet the following requirements of Aspen Land Use Code: Section 26.480.030(A)(2) and (4), Section 26.470.070(C), and Section 26.415.010(D.) 26.480.030(A)(2), Subdivision Exemptions, Lot Split The split o f a Iot for the purpose o f the development of one detached single-family dwelling on a lot formed by a lot split granted subsequent to November 14, 1977, where all of the following conditions are met: a) The land is not located in a subdivision approved by either the Pitkin County Board of County Commissioners or the City Council, or the land is described as a metes and bounds parcel which has not been subdivided after the adoption of subdivision regulations by the City ofAspen on March 24, 1969; and b) No more than two (2) lots are created by the lot split, both lots conform to the requirements of the underlying zone district. Any lot for which development is proposed will mitigate for affordable housing pursuant to Section 26.100.040(A)(1)(c). c) The lot under consideration, or any part thereoL was not previously the subject of a subdivision exemption under the provisions of this chapter or a "lot split" exemption pursuant to Section 26.100.040(C)(1)(a); and d) A subdivision plat which meets the terms of this chapter, and conforms to the requirements of this title, is submitted and recorded in the o#ice of the Pitkin County clerk and recorder after approval, indicating that no further subdivision may be granted for these lots nor will additional units be built without receipt of applicable approvals pursuant to this chapter and growth management allocation pursuant to Chapter 26.100. P99 e) Recordation. The subdivision exemption agreement and plat shall be recorded in the office of the Pitkin County clerk and recorder. Failure on the part of the applicant to record the plat within one hundred eighty (180) days following approval by the City Council shall render the plat invalid and reconsideration of the plat by the City Council will be required for a showing of good cause. D In the case where an existing single-family dwelling occupies a site which is eligible for a lot split, the dwelling need not be demolished prior to application for a lot split. g) Maximum potential buitdout for the two (2) parcels created by a lot split shall not exceed three (3) units, which may be composed of a duplex and a single-family home; and 26.480.030(A)(4), Subdivision Exemptions, Historic Landmark Lot Split The split of a lot that is listed on the Aspen Inventory of Historic Landmark Sites and Structures for the development of one new single-family dwelling may receive a subdivision exemption if it meets the following standards: a. The original parcel shall be a minimum of six thousand (6,000) square feet in size and be located in the R-6, R-15, R-15A, RMF, or O zone district. b. The total FAR for both residences shall be established by the size of the parcel and the zone district where the property is located. The total FAR for each lot shall be noted on the Subdivision Exemption Plat. In the Office zone district, the following shall apply to the calculation of maximum floor area for lots created through the historic landmark lot split. Note that the total FAR shall not be stated on the Subdivision Exemption Plat because the floor area will be affected by the use established on the property: If all buildings on what was the fathering parcel remain wholly residential in use, the maximum floor area will be as stated in the R-6 zone district. If any portion of a building on a lot created by the historic landmark lot split is in commercial/office use, then the allowed floor area for that lot shall be the floor area allowed for all uses other than residential in the zone district. If the adjacent parcel created by the lot split remains wholly in residential use, then the floor area on that parcel shall be limited to the maximum allowed on a lot of its size for residential use according to the R-6 standards. If there is commerciaVoffice use on both newly created lots, the maximum floor area for all uses other than residential in the zone district will be applied. .. c. The proposed development meets all dimensional requirements of the underlying zone district. The variances provided in Section 26.415.120(B)(1)(a),(b), and (c) are only permitted on the parcels that will contains a historic structure. The FAR bonus will be applied to the maximum FAR allowed on the original parcel; and WHEREAS, in order for HPC to grant an FAR bonus, per Section 26.415.110.E, HPC must find that: 1. In selected circumstances the HPC may grant up to five hundred (500) additional square feet of allowable floor area for projects involving designated historic properties. To be considered for the bonus, it must be demonstrated that: a. The design of the project meets 81! applicable design guidelines; and b. The historic building is the key element of the property and the addition is incorporated in a manner that maintains the visual integrity of the historic building and/gr c. The work restores the existing portion of the building to its historic appearance; and/or d. The new construction is reflective of the proportional patterns found in the historic building's form, materials or openings; and/or e. The construction materials are of the highest quality; and/or f. An appropriate transition defines the old and new portions of the building; and/or g. The project retains a historic outbuilding; and/or h. Notable historic site and landscape features are retained; and WHEREAS, in order for HPC to grant setback variances per Section 26.415.110.C, HPC must make a finding that the setback variance: a. Is similar to the pattern, features and character of the historic property or district; and/or b. Enhances or mitigates an adverse impact to the historic significance or architectural character of the historic property, an adjoining designated historic property or historic district. WHEREAS, Amy Guthrie and Katie Ertmer, in their staff report dated August 28, 2002, performed an analysis of the application based on the standards, developed findings based on the applicable review criteria, and recommended that the project be approved; and WHEREAS, at their regular meeting on August 28,2002, the Historic Preservation Commission considered the application, found the application was consistent with the applicable sections of the Municipal Code, by a vote of to NOW, THEREFORE, BE IT RESOLVED: HPC recommends Council approve the Historic Landmark Lot Split application for 320 W. Hallam Street, Lots N-P, Block 42, City and Townsite of Aspen, Colorado, and HPC approves Variances with the conditions listed below: P101 1. The HPC hereby approves a 500 square foot FAR bonus. 2. The HPC hereby approves the following setback variances: a 1 'west sideyard setback variance for the Victorian, a 3' west sideyard setback variance and a 4' rear yard setback variance for a shed that is along the alley, 5' rear yard setback variances for two other sheds that are located along the alley and a 4' east sideyard setback variance for the easternmost of these sheds, a 2' west sideyard setback variance for the Pan Abode, and a 2 foot combined sideyard setback variance for the Pan Abode. 3. A subdivision plat and subdivision exemption agreement shall be reviewed and approved by the Community Development Department and recorded in the office of the Pitkin County Clerk and Recorder within one hundred eighty (180) days of final approval by City Council. Failure to record the plat and subdivision exemption agreement within the specified time limit shall render the plat invalid and reconsideration of the plat by City Council will be required for a showing of good cause. As a minimum, the subdivision plat shall: a. Meet the requirements of Section 26.480 of the Aspen Municipal Code; b. Contain a plat note stating that the lots contained therein shall be prohibited from further subdivision and any development of the lots will comply with the applicable provisions o f the Land Use Code in effect at the time of application; c. Contain a plat note stating that all new development on the lots will conform to the dimensional requirements of the R-6 zone district, except the variances approved by the HPC. d. Contain a plat note stating that neither the current owner, or any future owner of any of the Lots N,O, or P, Block 42, City and Townsite of Aspen, will oppose an application for designation of the Pan Abode structure at any time in the future, or apply for any building permit to demolish the structure. e. The FAR on the two lots created by this lot split shall be allocated as follows: Lot N and O shall receive 3,080 square feet and Lot P 1,500 square feet, which shall be noted on the plat. APPROVED BY THE COMMISSION at its regular meeting on the 28th day of August, 2002. Approved as to Form: David Hoefer, Assistant City Attorney Approved as to content: HISTORIC PRESERVATION COMMISSION Rally Dupps, Chair P102 ATTEST: Kathy Strickland, Chief Deputy Clerk EXHIBIT 6 .. 212 N SECOND ST LLC BARKER JACK 1/2 INT ALLEN ROBERT H & JUDY LEY C/O RICHARD CORBETT BARKER CARRYN ADRIANNA TRUST 1/2 4545 POST OAK PL STE 101 2202 N WEST SHORE BLVD STE 110 INT HOUSTON, TX 77027 TAMPA, FL 33607-5749 PO BOX 7943 ASPEN, CO 81612 BENNINGHOFF ESTHER BLEVINS J RONALD & PHYLLIS M CITY OF ASPEN 233 W HALLAM AVE 20320 FAIRWAY OAKS DR #353 130 S GALENA ST ASPEN, CO 81611 BOCA RATON, FL 33434 ASPEN, CO 81611 CONNOR F HAYDEN COOPER JOHN T COX CAROLYN M 444 GRAPE ST P O BOX 1747 961 PASEO DEL SUR DENVER, CO 80220 SPRINGFIELD, MO 65802 SANTA FE, NM 87501 EPPLER KLAUS TRUSTEE DEVOS ESTHER LEONARD DOBBS JOHN C & SARA F PROSKAUER ROSE GOETZ & PO BOX 3238 PO BOX 241750 MENDELSHON C/O ASPEN, CO 81612 MEMPHIS, TN 38124 2255 GLADES RD #340 W BOCA RATON, FL 33431 FIVE CONTINENTS ASPEN REALTY FIRESTEIN CHESTER & BEVERLY FISCHER SISTIE C/O EDWARDS JOSEPH 111 9777 WILSHIRE BLVD STE 501 442 W BLEEKER 502 MAIN ST STE 201 BEVERLY HILLS, CA 90212 ASPEN, CO 81611 CARBONDALE, CO 81623 JANSS MARY 1992 REVOCABLE LIVING FRIEDBERG BARRY S GALLANT MARILYN TRUST 555 PARK AVE 7W 617 VINE ST STE 1430 403 W HALLAM NEW YORK, NY 10021 CINCINNATI, OH 45202 ASPEN, CO 81611 JONES STEPHEN MARTIN TRUST IV KOHNER ELLEN P KINNEY STEPHEN J & SUSAN M 500 CAPITAL OF TEXAS HWY N HUNT ELLEN C/O P O BOX 330010 BLD 6 STE 125 PO BOX 8770 MIAMI, FL 33233 AUSTIN, TX 78746 ASPEN, CO 81612 MCANIFF RICHARD J MULLINS DON R KOUTSOUBOS TED A % HARDING & CARBONE C/O KATHY KUNZ 415 E HYMAN AVE #206 777 108TH AVE NE SUITE 2000 3903 BELLAIRE BLVD ASPEN, CO 81611 BELLEVUE, WA 98004-5118 HOUSTON, TX 77025 NEISSER JUDITH E REVOCABLE TRUST MYERS JOSEPH V JR NATHAN REVOCABLE TRUST C/O BERNADETTE REED 421 W HALLAM ST 718 N LINDEN DR 3281 GRAFTON LN ASPEN, CO 81611 BEVERLY HILLS, CA 90210 AURORA, IL 60504 PATRICK JAMES K PENINSULA LLC POTVIN SALLY ALLEN 417 W HALLAM ST PO BOX 6594 320 W BLEEKER ST ASPEN, CO 81611 SNOWMASS VILLAGE, CO 81615 ASPEN, CO 81611 . RH ASPEN LLC RIGGS ASPEN TRUST RISPOLI PETER 323 W FRANCIS ST 6815 BALTIMORE DR 323 W HALLAM ST ASPEN, CO 81611 DALLAS, TX 75205 ASPEN, CO 81611 SAX JOEL D SCHLOFFER BRUNHILDE P SIRKIN ALICIA 303 W FRANCIS ST PO BOX 941 3500 S BAYHOMES DR ASPEN, CO 81611 ASPEN, CO 81612 MIAMI, FL 33133 SMART PAMELA STILWELL REED & CLAIRE TEAGUE LEWIS TRUST 1040 W CONWAY DR 191 UNIVERSITY BLVD #714 862 NORTH BEVERLY GLEN BLVD ATLANTA, GA 30305 DENVER, CO 80206 LOS ANGELES, CA 90077 TITUS JOHN & JOAN REVOCABLE UHL MARGARETE A WEISE RICHARD H TRUST 5451 N E RIVER RD #503 PO BOX 122 3025 BRYN MAWR CHICAGO, IL 60656 ASPEN, CO 81612 DALLAS, TX 75225 ... EXHIBIT 7 Lu-LUUU f Kl UM:5/ An ~ VAX NU. ~ 2, I~ ASPEN/PITKIN COMMUNITY DEVE[OPMENT DEPARTMENT AM,Â·ecnient for Payment of City of Aspen Development Application Fcg CITY OF ASPEN (hereinafter CITY) and AA-[52 - QHC - Gereinafter APPLICANT) AGREEAS FOLLOWS: n APPLICANT has submiNed to CITY ana lication foi A 1.6-02Ac. LA,toMAgg. li:rr Slirn *,1 dARL &>Alls. f VAR+41*- AdÂ»61* 8%â‚¬Mlmod (hereinafter, THE PROJECT). 2. APPLICANT unde,Istands and agrees that Clty of Aspen Orditiance No, 43 (Serie of ]999) eslablishes a fee srruciure for Land Use applications and the payment of all processing fees is a condition preceden[ to a derermination of applicalion completeness- 3. APPLICANT and CITY agree thar because of the size, nalure or scope of the proposed project it U nol pofsible at tilis [ime to ascertain [hc full extent of [he costs involved in processing [hc application. APPLICANT and CITY fiNTher agree that it is in the iriterest of the parties rhat APPLICANT make paymenr of an initial deposit and to thereafter pe,mit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following theirhearings and/or approvals. APPLICANT agrces he will be benefited by retaining greater cash liquidity and will make addirional payments Upon notification by rhe CITY when they are necessary as costs are incurred. CITY agrees il will be benefired through the greater certainty of recovering ks full costs to process APPI.ICANT'S application. 4. CITY and APPLICANT further agree dial il is impracricable for CITY siaff to complete processing or present slifticient information to the Planning Colmnission and/or City Council to enable Ihe Planning Commission and/or Cily Council to make legally requ}red findings for project consideration, unless current billings are paid in full prior to decision. 1. ThereÂ· ford, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposiI in the amount ofs 1,205>'4which isfor hours of Community Development staff rime, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY zo rcimburse the CITY for ihe processing of the application mentioned above, including post approval review, Such periodic paymerics shall be made within 30 days of the billing date. APPLICANT fulther agrees ihar failure ID pay fuch accrued costs shall be grounds for suspension of processing, and in no case vvill building permils be issued UnIil all costs associaled with case processing have bÂ¢cn paid CITY OF ASPEN KPPLICANT |A By:-- lip L~ Julie Ann Woods Community Development Director Thtel 9-.29-01 Mailing Address: 3.20 w. +6Â£4- StÂ· LA-42Â£M' 6. 3/6 (1 g:\support\forms\agrpayas.doc 12/27/99 .. Architectural Guide: Rustic/Log Kit The Rustic Style emerged from the original pioneer structures that were created out of locally available materials, were of straightforward construction, and had housed people since the settlement of the West. The Rustic Style became the preferred style for buildings of the National Parks system and examples range from simple rectilinear log structures to elaborate structures of log and stone, with varied roof forms, dormers and expressed structural details. Whether they were built among rolling hills and lakes, such as the Adirondack camps of the late 19th century, or in the dramatic mountain settings of Yellowstone and Yosemite, these structures came to embody the idea of 'simple' mountain living. While this style continues to be built today, in very elaborate forms, the character defining elements listed below are related to the more modest local structures from the 40's and 50's. These structures were used as simple vacation homes and inexpensive housing for early ski workers. Characteristics of the Rustic Style: â€¢ Buildings are constructed out of locally available materials, usually log; stone may be incorporated at the base, or in the form of a fireplace and chimney. â€¢ Buildings are usually single story, with a low pitched gable roof. â€¢ True log construction with overlapping log ends, coped and stacked. Logs may be dressed and flattened for stacking or may be in rough form. Chinking infills the irregularities between the logs either way. â€¢ Window openings are spare and usually horizontally proportioned, wood trim is used to finish out the window openings. â€¢ Building plans are simple rectangular forms, with smaller additive elements. â€¢ Roof springs from the log wall, and gable ends are infilled with standard framing. This may be a small triangle or a second level of living space. â€¢ The emphasis is on hand made materials and the details come out of the use of the materials, otherwise the detail and decoration is minimal. â€¢ Materials in later buildings are used to simulate log construction and refer to the particular visual details of the original log structures. (Specific details of traditional log buildings, and construction techniques are not always carried forward into the newer structures.) Pan Abode is a brand name for a log kit structure commonly found in Aspen beginning in 1952. These packages were available in a number of standard configurations and also seem to have been customized for larger buildings. They were relatively inexpensive, provided basic shelter, and were quick to erect; the mid 2oth century version of a "miner's cottage." These structures also had the log quality that was associated with the idea of rustic mountain living. Pan Abodes appear primarily in residential contexts, however, examples of commercial and multi family also exist. The structures housed ski industry workers and were also used as affordable vacation homes. .. Examples: Description: 211 W. Hopkins Avenue: This Pan Abode house was built in 1956 and is essentially unaltered on the exterior. 630 W. Main Street (Mountain Rescue): This Pan Abode structure was built in 1965 by Alfred Braun, who founded Mountain Rescue. Mountain Rescue is made - . up of 45 local volunteers who are on-call 24 hours a day. They have two primary missions, backcountry search and rescue, and mountain safety education. -'814.- 320 W. Hallam Street: ..'...,W#911....6.:04#.ME"N This cabin was built in 1967 by Sepp and Gretl Uhl, owners - of the adjacent Victorian home. It has a low-pitched roof and an arched entry porch set into the building front 4 435 W. Main Street (L'Auberge D'Aspen): Built around the 1940's, the cabins along the alley were built as a lodge, with parking available right next to each unit. New cabins in front were added in 1995. \.litÂ¥* 730 W. Main Street (Hickory House): The original section of the Hickory House (the entry portion) was built in 1950. Restaurants and lodges began to - appear in Aspen to serve the growing tourism industry. A "western motif" was a popular image, reflected in the design of this building. .. 501 W. Main Street (Christiania): This property includes two Pan Abode lodge units, built in the 1960's. They are unaltered. -~0-i-=2.Ji~- 1847 .4. # F f.46#' 5 '/ Jkt jaggl .ur... . I '' 300 W. Main Street: 2 This log house was built in 1944. t : ...1,1 gA.4. ..47 r. . Viall//FieD------ --4 . . 1 - . 7Â£,jkh - Â·?31~ 99 Northway Drive This was an excellent example of a Pan Abode home, with .<(6/ Miw Chalet style detailing. It was demolished in 2000. ty ' Â·. (3%*fre f<em 0.,r , 4.- , 7, 0.:te WIi ASPEN'S 20TH CENTURY ARCHITECTURE: bEARY= RUSTIC STYLE BUILDINGS The period right after World War H was a time of growth and prosperity for the United States. Americans began to enjoy greater financial freedom, along with increased leisure time. They looked for escape from their urban and suburban lifestyles as well as from the sadness of the war years. Starting in the late 1940's the country's landscape transformed as vacationing and tourism became a central feature in American lifestyle. The post war economic upturn resulted in an automotive industry producing greater numbers of cars at much more affordable prices. This, combined with falling gasoline costs and the construction of cross-country highway systems "gave greater numbers of people the means to travel, and previously inaccessible places were more easily reached."1 The American West held a distinct interest for people with these new found freedoms and a desire for adventure. "To Americans the West is their refuge, the home of the 'last best place."2 Remote, unheard of towns began to see the possibilities for an increase in visitors. Vacation homes, hunting lodges, dude ranches, and tourist-related facilities began to increase in number after the war, many built in a Rustic style of architecture that reflected th the "frontier spirit"3 of the new American tourist. This style "represents an early 20 century movement in American architecture...It was picturesque, romantic architecture that recalled the American past.'A 1 Rothman, Hal K., Devil's Bargains - Tourism in the Twentieth-Century American West, 202 2 Rothman, 14 3 Carley, Rachel, "Cabin Fever: Rustic Style comes Home" 4 Throop, E. Gail, "Rustic Architecture: Period Design in the Columbia River Gorge" Â¥ 0 0 The Rustic style has its roots in the simple pioneer cabin and the Adirondack Style of the late 1800's, and became the preferred architecture for the National Parks Service, beginning with its founding in 1917. The Parks Service's belief was that "buildings should blend in with their natural surroundings"5 and that "natural settings could influence architecture."6 The majority of entryways, information centers, and guest lodges that were built in National Parks throughout the country in the first decades of the th 20 century, and which were viewed by many Americans, were built in the "National Parks Service Rustic" style. This style of architecture became - 1 ...4./I/'/R~-**Â·.~ associated with the development of resort ~ areas throughout the Rocky Mountain - States and played an integral part in the 7752-94. 1 Irl r <21 VIE 1 i 1 1.-11 1 origins of tourism in Colorado. The L' - L - 4 - _' .- _--72= -47 -- -- ,-'C----i majority of rustic style buildings in the - 6- 1 state were constructed after 19057 and the Sumers Lodge, Vacation home in Glenwood Springs, CO built in 1935 ~ trend continued into the post World War II I.-'.4.,M.bi-.U.,211,1.2-11 1.1-.1.... A---- -'.Â·41-2*.r.-r.Â·,~ffeâ‚¬eÂ·-Â· I 6~:27 -, 46 4 era. Examples of log buildings served the -,1 tourism industry can be found throughout 9=lz, 2Â». Colorado in places like Grand Lake, r- -2..26/Z & 66 Telluride, Thomasville, Woodland Park, Estes Park, and Aspen. Grand Lake Lodge, built in 1925 5 Rocky Mountain National Park, Home Page, Historic Buildings 6 Kaiser, Harvey H., Landmarks in the Landscape, 17 7 Colorado Historical Society Home Page . . 4 The rustic style was symbolic of the attitude and imagery surrounding western America. It offered an escape into the mythology of the "hardy outdoor life of American pioneers."8 The appeal of the rugged, back to nature lifestyle was evidenced by the popularity of television shows like "The Lone Ranger" and "Davy Crockett", the proliferation of Western movies, and the popularity of toys like "Lincoln Logs" and games like "Cowboys and Indians." As people ventured out west to vacation after World War II, they were looking for something new, exciting and unique to do. The burgeoning sport of downhill skiing was taking hold as a popular activity in mountain communities. Technological advancements, increased affordability and the desire for adventure made it readily accessible. " Post-war consumer culture and the nation-wide growth of tourism, combined with beginning of the ski industry, meant that people no longer had to belong to an elite club or live in a mountain town in order to ski."9 Aspen was located among some of the most magnificent mountains in the world and held great potential for success. During this same time, entrepreneur and businessman Walter Paepcke came to Aspen with the vision of transforming the small town into a cultural and artistic haven. The Aspen Institute, Music Festival, and other activities combined with skiing to create a resort town that offered "good opportunities for combining work, play, and culture â€ž10 and 8 Carley 9 Gilbert, Anne M. Re-Creation through Recreation: Aspen Skiing from 1870 to 1970, 46 10 Rothman, 213 I '' 0 0 what became an "archetype for the beginning of tourism in the post-World War II American West. 0,11 Aspen' s amenities also attracted a larger group of second homeowners, or part-time residents, than had existed previously. As the city began to transform itself into a premiere, year round resort, many people "chose to move to or build vacation homes in Aspen. â€ž12 Between 1940 and 1959, the number of full-time residents had increased by 1000, and"by 1959 at least 200 part-time residents joined the year-round crowd. â€ž13 Tourism and increased second home ownership resulted in a new era of construction in the town, and rustic style buildings were a common motif. Although the complete collection that were built in Aspen cannot be documented, it is known that the earliest such buildings were constructed starting in roughly the mid 1930's, and numerous rustic style structures can still be found here today. Up until the early 1950's, most examples are true log structures, built by hand. They included lodges, restaurants, and residences. For example, the Waterman cabins, (since demolished) once located at the corner of 7th and Hallam Streets, were a group of small tourist cottages built in 1937. The "Swiss I. 'Â· â€¢*4'*~40'Â·,t'Â·. '~C~6 ~ - -*18..1 '419 .- ';1~"'4* . 4-Â» ,-19--f -;5 f.-- .7-:-1.33 Chalets," (now L'Auberge) at ' .-:Â·.. f.4~-r~...- -f-Â· i~.3 435 W. Main Street, which are ~.>41 .. 4/:1 g rustic, not chalet in style, were ... 1 .t. . C U built during this period in a motor 2 4/ 4'11 P - T.Â· '.: court configuration that allowed ~ guests to drive right up to the unit. Waterman Cabins c. 1937 The Hickory House, originally 11 Rothman , 207 12 Gilbert, 72 13 Rothman, 223 T . .. called The Silver Chicken, at 735 W. Main Street, was built in 1950 and was one of the few restaurants operating in town at that time. An original sign on the west side of the building which reads "restaurant" is drawn in lettering whose every component is made to look like a log, completing the theme of the structure down to each detail. 300 West Main Street, a residence, is another prime example from this period. All of these buildings could be built easily from local materials. A Typical characteristics of the ?.elf - *f rustic style are "log construction, -712*Â· stone foundation, small paned 4 .' '1 1 â€¢ RE . windows, overhanging roof, stone 2- 1394 E!Â¥* ... 2 chimney, and battered walls."14 A rustic style building should have the following general characteristics: 300 W. Main, built in 1944 â€¢ The buildings are constructed out of locally available materials, usually log; stone may be incorporated at the base, or in the form of a fireplace and chimney. e The buildings are usually single story, with a low pitched gable roof. â€¢ True log construction has overlapping log ends, coped and stacked. Logs may be dressed and flattened for stacking or may be in rough form. Chinking infills the irregularities between the logs either way. Window openings are spare and usually horizontally proportioned, wood trim is used to finish out the window openings. Building plans are simple rectangular forms, with smaller additive elements. The roof springs from the log wall, and gable ends are infilled with standard framing. This may be a small triangle or a second level of living space. â€¢ The emphasis is on hand made materials and the details come out of the use of the materials, otherwise the detail and decoration is minimal. 14 Colorado Historical Society Home Page, Guide to Colorado Architecture i, t .. As mechanization quickly began to replace the handmade in many aspects of American life, log cabin kits that could be ordered by catalog, delivered by train or truck, and then assembled on site gained popularity. The kits were another version of mail order houses that had become popular during the depression era, due to their affordability, beginning with companies such as Sears, Roebuck, & Co., and Montgomery Ward, who sold hundreds of thousands of homes during that time. Following their lead, others began selling different styles of kit houses, including Pan Abode, a manufacturer that specialized in log cabins starting in 1952. Between the mid 1950's and 1970, rustic style buildings in Aspen were more commonly machine made kit log structures than handbuilt, but they still reflected the same western imagery. Materials in these later buildings simulated log construction and refer to the particular visual details of the original log structures. Examples of kit log structures built as second homes during this period are found at 211 W. Hopkins and 765 Meadows. The purpose of this paper is to determine a ~geÂ»-9;92tfed*2*~ period of significance for this type of liINVIE#%5##8/t+1/WrÂ£JAPPO,ili1illullilliIimili1ill' ' - . -................a. architecture in Aspen. Because brands such as bar... -------~ Pan Abode are still in existence today, a greater ...itkÂ·g.}~~ challenge is presented in determining the end date for the period of historic significance, 211 West Hopkins, built 1956 however, changes in the type of tourist and style of tourist accommodations and facilities that were desired began to evidence themselves in Aspen in the early 1970's. Aspen adopted a Growth Management plan in 1976, which was indicative of the environment at the time. The plan recognized the need to preserve the quality of life in Aspen. Second homes were becoming more prevalent and beginning .. to displace permanent residents. The changes in Aspen's residential character were noted again in 1986, according to the 1993 Aspen Area Community Plan, when it was found that the number of second homes had significantly increased and that the size of these second homes was particularly large compared to traditional residences in the city. It was also recognized that the prevalence of these types of homes was driving out long-term resident workers. As a result of these shifts in Aspen's development trends, the end of the period of significance for the simple rustic style buildings is being established as roughly 1970. . t 44 0 0 Sources: Aspen Area Community Plan, 1993, Aspen, Colorado Carley, Rachel, "Cabin Fever: Rustic Style comes Home" September 1998, www.uniquerustique.com/history Colorado Historical Society Home Page, Guide to Colorado Architecture, www.coloraohistory-oahp.org/guides Directory of Colorado State Register Properties, www. coloradohistory- oahp.org/publications Gilbert, Anne M. Re-Creation through Recreation: Aspen Skiing from 1870 to 1970, 1995. Aspen Historical Society, Aspen, Colorado Harrison, Laura Soullitre, Architecture in the Parks: A National Historic Landmark Theme Study, National Park Service, Department of the Interior, November 1986 http://www.cr.nps.gov/history/online books/harrison Kaiser, Harvey H., Landmarks in the Landscape, California: Chronicle Books, 1997. Rocky Mountain National Park, Home Page, Historic Buildings http://www.nps.gov/romo/resources/history/historic.html Rothman, Hal K., Devil's Bargains - Tourism in the Twentieth-Century American West, Kansas: University of Kansas Press, 1998. Throop, E. Gail, "Rustic Architecture: Period Design in the Columbia River Gorge", 1995. CRM Volume 18, Number 5, http://crm.cr.nps.gov/archive/18-5/18-5-4.pdf. .. ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 52-0 0. fhAO w , Aspen, CO SCHEDULED PUBLIC HEARING DATE: 919Â» ,200- vl STATE OF COLORADO ) ) SS. County of Pitkin ) I, 1 btleÂ» l_i i/\0~1 (name, please print) being or representing an Applicant to the City ofAspen, 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: â€ž><t~ Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy ofthepublication is attached hereto. Posting ofnotice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproofmaterials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed ofletters 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 beanng. A photograph of the posted notice (sign) is attached hereto. Mailing ofnotice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. 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 o f 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 ofreal 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. /1 ,4 000*Â«1=:Â»4 44 ,Agmturt 9110 The foregoing "Affidavit of Notice" was.acknowledged befor~ me this A I day of AL//1 , 200..2-by 61- S -iti- J. WITNESS MY HAND AND OFFICIAL SEAL My commissi n expires: 422#/1009 2 4 -r--Af Notary PubPic R #3:Â· NO/ u Zi Ct>Affe I ATTACHMENTS: NO<(' I Itc)Â» COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL e P n & 5 29 33 *0 m a i & - 3 - E -W : 18 E -*3 9 *2Z Er 3.%.5.55 . 0 : : $ f 1 0 J # 3 g 91 .25 E-fl 5% U % :int- - G = Cr, E. 2 CD 5 5 -O i 2 5 g .. R .4 9 3 2 2 m 3 -E . I & & -I= go:9 . 3 9 2 -O 6. Fl: 3 7 E :Â·imb a i.lififi:. ma :NER 3 1.,i i:Kimed ' . 3=E :ta<225=* : r Â·2 1 M k i i 35 - l ./ 4.- i :& (0 2=151 REN / Mi :FOR -=04 Â©i:fi *& 1 0 3943 35 1 EQ- I - a-335. 4 40573 Â© . Cl 5 48 4 - . 5-,-Er 2 'DE I mi"R :4 0â‚¬30/&81 0 F: 2 13,6.95=-Vt H 2Â£421 509*221204 -SÂ¥ "1â‚¬ I?[Ial?D Â·â‚¬ 0Â£I Â·1uaIi iedad litatudo ao foot lot, 11 contain h~~i~ ntlrorian plebop!S ;SOM /'S 49 asatil JO 1908.91629 consider an application submitted Chambers, Cit Historic Preservation meetin -110.1 410[le,1110}U! -1041.In; 10 -Mle,Lip[,lei J! 0 'Ottell/A >p S pl'X'pis 1/0 U le/01 lu 0009 01 Sal 2 1 hment of the n ult in the need U be held : 320 W HAL LANDMARK LOT w 11 su divide the p 01 lintinv u{) Natil!.1 uadiv atil t ~ttlr'%%17~LE~lpo Sp2'Se'l Il? 2115 19@M Â£ e ".24:) P!03 tretmezng/S PUBLIC U..St['Ulo) lI(>!1/Ai/Sald 0!10 1%!H uic RnÂ·03Â·uadNeÂ·10@NX,up Â·96091)26 ((Mti) '0 'uad le pa sanboi saoure!113/ a Â·@Ui! S!.41 i ued .41 JOJ a U Il.A 1 041 10; aourue IDe las pieKIP!, 1% des i ed as Lots N-P, Block se apoqv ued @41 1 uor S,OUIC) 34J Jo 11[1 3 ( W. Hallam Street. The hom . The esta f istoric La dmark Lot 0 . Haas Land Planning, LLC Memo TO: The Aspen Historic Preservation Commission From: Mitch Haas, Haas Land Planning, LLC CC: Amy Guthrie, Aspen Historic Preservation Planner Anton Uhl, Property Owner Date: July 29,2002 Re: Floor Area Bonus Work Session Mr. Anton Uhl owns a 9,000 square foot lot (Lots N, O, and P, Block 42, City and Townsite of Aspen), commonly known as 304 and 320 West Hallam Street. 304 West Hallam Street corresponds with Lot P, Block 42 and includes an existing Pan Abode residence with approximately 600 square feet of floor area. 320 West Hallam Street is the landmark designated Victorian residence that resides on Lots N and O of Block 42, which lots also include three non-historic shed structures along and/ or encroaching on the alley. Mr. Uhl intends to submit a formal application requesting approval of a subdivision exemption for an historic landmark lot split to create a 6,000 square foot lot and a 3,000 square foot lot from the existing 9,000 square foot lot. In association with the lot split Mr. Uhl will be requesting approval of setback variances and a five- hundred square foot floor area bonus. No actual development is contemplated at this time. This work session is intended to provide a forum for discussing the merits of the floor area bonus request prior to its consideration at a formal public hearing, as required. The subject property is zoned R-6, Medium Density Residential, and is permitted a duplex FAR of 4,080 square feet plus the potential for a floor area bonus of up to 500 square feet. Thus, the total potential allowable floor area on the subject property is 4,580 square feet (4,080 + 500). The Land Use Code allows the property owner discretion in determining how to split this square footage between the two resulting lots. 201 NORTH MILL STREET, SUITE 108 â€¢ ASPEN, CO 81611 â€¢ (970) 925-7819 â€¢ FAX (970) 925-7395 Page 1 .. With approval of the requests to be made under separate cover, there will be two fee simple landmark designated lots, one of 3,000 square feet (Lot P) and the other of 6,000 square feet (Lots N and O). The 3,000 square foot lot will have the existing Pan Abode residence, will be entitled to 1,500 square feet of FAR floor area (includes a 500 square foot bonus), and will be subject to HPC review and approval for any proposed exterior changes. The 6,000 square foot lot will continue to have the existing Victorian residence, will be permitted 3,080 square feet of FAR floor area, and will also be subject to HPC review and approval for any proposed exterior changes. As an inducement to the City to approve these requests, Mr. Uhl will voluntarily accept designation of the existing Pan Abode structure on the property as an historic landmark. However, Mr. Uhl does not want to assume the time or costs of the landmark designation process (i.e., hearings before the Historic Preservation Commission, the Planning and Zoning Commission, and City Council and the associated notice requirements), but will agree, upon approval of the lot split and associated requests (i.e., as part of the Subdivision Exemption Agreement), not to oppose the City's historic designation of the Pan Abode structure. The subject Pan Abode structure was ordered and built by Gretl Uhl, and is currently on the City's list of buildings/properties for which historic designation is desired. The result of the approvals will be a 6,000 square foot lot with a landmark designated Victorian house, and a 3,000 square foot lot with a landmark designated Pan Abode residence. This will provide one of very few, if not the only, lot splits where both resulting lots contain a landmark designated structure. Mr. Uhl intends to sell Lot P and the Pan Abode residence located thereon in an effort to help pay off the recently incurred inheritance taxes associated with the 9,000 square foot property. However, the taxes are substantial enough to render a 3,000 square foot lot with a 600 square foot Pan Abode residence of insufficient market value to cover their costs, unless the 500 square foot FAR bonus is granted and adequate floor area potential is allocated thereto. Of course, it is understood that any new construction or designs for additions to or remodels of the Pan Abode and/ or the Victorian (i.e., use of the additional square footage allocation) will require Historic Preservation Commission (HI?C) review and approval. Page 2 .. EXHIBITS Exhibit #1: Pre-Application Conference Summary Exhibit #2: Land Use Application and Dimensional Requirements Forms Exhibit #3: Proof of Ownership Exhibit #4: Letter of authorization for Haas Land Planning, LLC, to represent the owner/ applicant Exhibit #5: Architectural Inventory Forms and the 1904 Sanborn Map for the subject property Exhibit #6: List of Property Owners Within a 300 Foot Radius Exhibit #7: Executed Fee Agreement .. EXHIBIT 1 .. CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Amy Guthrie DATE: 07.19.02 PROJECT: 320 W. Hallam Street REPRESENTATIVE: Mitch Haas OWNER: Tony Uhl TYPE OF APPLICATION: Historic Landmark Lot Split, Variances DESCRIPTION: The lot, which is 9,000 square feet in size, is to be split into two parcels. The existing 19t]1 century house will be on a 6,000 square foot lot and the Pan Abode will be on a 3,000 square foot lot. The amount of floor area that will be allocated to each new property will be established in the lot split. The owner plans to request a west sideyard setback variance along the Pan Abode, which will be less than 5 feet away from the new lot line. The owner will also apply for a 500 square foot FAR bonus. In order to meet the standards for a floor area bonus, which are primarily written to address a redevelopment proposal where new construction is taking place, which is not the case in this application, the owner will commit to preserving the Pan Abode structure. The owner must hold a worksession with HPC prior to a formal hearing in order to discuss the merits of the bonus. PROCESS: Step 1: Attend a worksession with the HPC to discuss the FAR bonus request Step 2: Public hearing at HPC for Historic Landmark Lot Split and Variances Step 3: First reading of a lot split ordinance at Council Step 4: Public Hearing and second reading of a lot split ordinance at Council. Land Use Code Section(s) Historic Landmark Lot Split*V Section 26.480.030(A)(2) and (4), Section 26.470.070(C), and Section 26.415.110(A.) Variances* Section 26.415.110(B) and (E) Review by: *Historic Preservation Commission, â€¢ Planning and Zoning Commission, v City Council Public Hearing: Yes, Applicant must post property and mail notice at least 15 days prior to hearing to land owners within three hundred (300) feet of the property subject to the development application . Applicant will need to provide proof of posting and mailing with a affidavit at the public hearing. Referral Agencies: none Planning Fees: $1,205.00 deposit fee Referral Agency Fees: none Total Fees: $1,205.00 deposit To apply, submit 12 copies of a complete application on the forms provided by the Community Development Department, an application fee, and a signed fee agreement. .. EXHIBIT 2 .. EXHIBIT 3 .. COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: May 20, 2002 at 8:00 AM Case No. PCT17086L 2. Policy or Policies to be issued: (a) ALTA Owner's Policy-Form 1992 Amount$ 0.00 Premium$ 0.00 Proposed Insured: Rate: (b) ALTA Loan Policy-Form 1992 Amount$ 0.00 Premium$ 0.00 Proposed Insured: - Rate: Tax Certificate: $0.00 3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: MARGARETE A. UHL AS TO AN UNDIVIDED ONE-HALF INTEREST, AND MARGARETE ANNA UHL AS TO AN UDIVIDED ONE-HALF INTEREST. 4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is described as follows: LOTS N, O AND P, BLOCK 42, CITY AND TOWNSITE OF ASPEN. PITKIN COUNTY TITLE, INC. Schedule A-PG.1 601 E. HOPKINS This Commitment is invalid ASPEN, CO. 81611 unless the Insuring 970-925-1766 Phone Provisions and Schedules 970-925-6527 FAX A and B are attached. 877-217-3158 Toll Free AUTHORIZED AGENT COUNTERSIGNED: .. SCHEDULE B - SECTION 1 REQUIREMENTS The following are the requirements to be complied with: ITEM (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. ITEM (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record to-wit: THIS COMMITMENT IS FURNISHED FOR INFORMATIONAL PURPOSES ONLY, IT IS NOT A CONTRACT TO ISSUE TITLE INSURANCE AND SHALL NOT BE CONSTRUED AS SUCH. IN THE EVENT A PROPOSED INSURED IS NAMED THE COMPANY HEREBY RESERVES THE RIGHT TO MAKE ADDITIONAL REQUIREMENTS AND/OR EXCEPTIONS AS DEEMED NECESSARY. THE RECIPIENT OF THIS INFORMATIoNAL REPORT HEREBY AGREES THAT THE COMPANY HAS ISSUED THIS REPORT BY THEIR REQUEST AND ALTHOUGH WE BELIEVE ALL INFORMATION CONTAINED HEREIN IS ACCURATE AND CORRECT, THE COMPANY SHALL NOT BE CHARGED WITH ANY FINANCIAL LIABILITY SHOULD THAT PROVE TO BE INCORRECT AND THE COMPANY IS NOT OBLIGATED TO ISSUE ANY POLICIES OF TITLE INSURANCE. . SCHEDULE B SECTION 2 EXCEPTIONS The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Anx lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes due and payable; and any tax, special assessment, charge or lien imposed for water or sewer service or for any other special taxing district. 7. Reservations and exceptions as set forth in Deeds from the City of Aspen recotded in Book 59 at Page 147 and Book 59 at Page 498 providing as follows: Â»That no title shall be hereby acquired to any mine of gold, silver, cinnabar or copper or to any valid mining claim or possession held under existing laws". 8. Easement and right of way for electric system as set forth in Easement Agreement recorded December 11,1986 in Book 524 at Page 828. .. ADDITIONAL INFORMATION AND DISCLOSURES The Owner's Policy to be issued, if any shall contain the following items in addition to the ones set forth above: (1) The Deed of Trust, if any, required under Schedule B-Section 1. (2) Water rights, claims or title to water. (NOTE: THIS EXCEPTION WILL APPEAR ON THE OWNER'S AND MORTGAGE POLICY TO BE ISSUED HEREUNDER) Pursuant to Insurance Regulation 89-2 NOTE: Each title entity shall notify in writing every prospective insured in an owner's title insurance policy for a single family residence (including a condominium or townhouse unit) (i) of that title entity's general reqtlirements for the deletion of an exception or exclusion to coverage relating to unfiled mechanics or materialmens liens, except when said coverage or insurance is extended to the insured under the terms of the policy. A satisfactory affidavit and agreement indemnifying the Company against unfiled mechanics' and/or Materialmen's Liens executed by the persons indicated in the attached copy of said affidavit must be furnished to the Company. Upon receipt of these items and any others requirements to be specified by the Company upon request, Pre-printed Item Number 4 may be deleted from the Owner's policy when issued. Please contact the Company for further information. Notwithstanding the foregoing, nothing contained in this Paragraph shall be deemed to impose any requirement upon any title insurer to provide mechanics or materialmens lien coverage. NOTE: If the Company conducts the owners or loan closing under circumstances where it is responsible for the recording or filing of legal documents from said transaction, the Company will be deemed to have provided "Gap Coverage". Pursuant to Senate Bill 91-14 (CRS 10-11-122) (a) The Subject Real Property may be located in a Special Taxing District; (b) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained form the County treasurer of the County Treasurer's Authorized Agent; (c) Information regarding Special Districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. NOTE: A tax Certificate will be ordered from the County Treasurer by the Company and the costs thereof charged to the proposed insured unless written instruction to the contrary are received by the company prior to the issuance of the Title Policy anticipated by this Commitment. Pursuant to House Bill 01-1088 (CRS 10-11-123) If Schedule B of your commitment for an Owner's Title Policy reflects an exception for mineral interests or leases, pursuant to CRS 10-11-123 (HB 01-1088), this is to advise: (a) There there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals or geothermal energy in the property and (b) That such mineral estate may include the right to enter and use the property without the surface owners' permission. This commitment is invalid unless Schedule B-Section 2 the Insuring Provisions and Schedules Commitment No. PCT17086L A and B are attached. .. EXHIBIT 4 .. August, 2002 Mr. Anton Uhl 2455 Emma Road Basalt, CO 81621 Aspen Community Development Department 130 South Galena Street Aspen, CO 81611-1975 Re: Uhl Historic Lot Split Application To whom it may concern: I hereby authorize Haas Land Planning, LLC, to act as my representative with respect to the land use application being submitted to your office for my property located at 304 and 320 West Hallam Street (Lots N, O, and P, Block 42, City and Townsite of Aspen). Haas Land Planning, LLC, or their assigns, are authorized to represent me in meetings with City staff, boards, commissions, and the City Council. Should you have any need to contact me during the course o f your review, please do so through Haas Land Planning, LLC, whose address, telephone and fax numbers, and email address are provided in the application. Sincerely, 0 Anton Uhl, Owner .. EXHIBIT 5 EXHIBIT 6 . 212 N SECOND ST LLC BARKER JACK 1/2 INT ALLEN ROBERT H & JUDY LEY C/O RICHARD CORBETT BARKER CARRYN ADRIANNA TRUST 1/2 4545 POST OAK PL STE 101 2202 N WEST SHORE BLVD STE 110 INT HOUSTON, TX 77027 TAMPA, FL 33607-5749 PO BOX 7943 ASPEN, CO 81612 BENNINGHOFF ESTHER BLEVINS J RONALD & PHYLLIS M CITY OF ASPEN 233 W HALLAM AVE 20320 FAIRWAY OAKS DR #353 130 S GALENA ST ASPEN, CO 81611 BOCA RATON, FL 33434 ASPEN, CO 81611 CONNOR F HAYDEN COOPER JOHN T COX CAROLYN M 444 GRAPE ST P O BOX 1747 961 PASEO DEL SUR DENVER, CO 80220 SPRINGFIELD, MO 65802 SANTA FE, NM 87501 EPPLER KLAUS TRUSTEE DEVOS ESTHER LEONARD DOBBS JOHN C & SARA F PROSKAUER ROSE GOETZ & PO BOX 3238 PO BOX 241750 MENDELSHON C/O ASPEN, CO 81612 MEMPHIS, TN 38124 2255 GLADES RD #340 W BOCA RATON, FL 33431 FIVE CONTINENTS ASPEN REALTY FIRESTEIN CHESTER & BEVERLY FISCHER SISTIE C/O EDWARDS JOSEPH 111 9777 WILSHIRE BLVD STE 501 442 W BLEEKER 502 MAIN ST STE 201 BEVERLY HILLS, CA 90212 ASPEN, CO 81611 CARBONDALE, CO 81623 JANSS MARY 1992 REVOCABLE LIVING FRIEDBERG BARRY S GALLANT MARILYN TRUST 555 PARK AVE 7W 617 VINE ST STE 1430 403 W HALL-AM NEW YORK, NY 10021 CINCINNATI, OH 45202 ASPEN, CO 81611 JONES STEPHEN MARTIN TRUST IV KOHNER ELLEN P KINNEY STEPHEN J & SUSAN M 500 CAPITAL OF TEXAS HWY N HUNT ELLEN C/O P O BOX 330010 BLD 6 STE 125 PO BOX 8770 MIAMI, FL 33233 AUSTIN, TX 78746 ASPEN, CO 81612 MCANIFF RICHARD J MULLINS DON R KOUTSOUBOS TED A % HARDING & CARBONE C/O KATHY KUNZ 415 E HYMAN AVE #206 777 108TH AVE NE SUITE 2000 3903 BELLAIRE BLVD ASPEN, CO 81611 BELLEVUE, WA 98004-5118 HOUSTON, TX 77025 NEISSER JUDITH E REVOCABLE TRUST MYERS JOSEPH V JR NATHAN REVOCABLE TRUST C/O BERNADETTE REED 421 W HALLAM ST 718 N LINDEN DR 3281 GRAFTON LN ASPEN, CO 81611 BEVERLY HILLS, CA 90210 AURORA, IL 60504 PATRICK JAMES K PENINSULA LLC POTVIN SALLY ALLEN 417 W HALLAM ST PO BOX 6594 320 W BLEEKER ST ASPEN, CO 81611 SNOWMASS VILLAGE, CO 81615 ASPEN, CO 81611 . RH ASPEN LLC RIGGS ASPEN TRUST RISPOLI PETER 323 W FRANCIS ST 6815 BALTIMORE DR 323 W HALLAM ST ASPEN, CO 81611 DALLAS, TX 75205 ASPEN, CO 81611 SAX JOEL D SCHLOFFER BRUNHILDE P SIRKIN ALICIA 303 W FRANCIS ST PO BOX 941 3500 S BAYHOMES DR ASPEN, CO 81611 ASPEN, CO 81612 MIAMI, FL 33133 SMART PAMELA . STILWELL REED & CLAIRE TEAGUE LEWIS TRUST 1040 W CONWAY DR 191 UNIVERSITY BLVD #714 862 NORTH BEVERLY GLEN BLVD ATLANTA, GA 30305 DENVER, CO 80206 LOS ANGELES, CA 90077 TITUS JOHN & JOAN REVOCABLE UHL MARGARETE A WEISE RICHARD H TRUST 5451 N E RIVER RD #503 PO BOX 122 3025 BRYN MAWR CHICAGO, IL 60656 ASPEN, CO 81612 DALLAS, TX 75225 . . EXHIBIT 7 '-28-duuu rKi UM :5 C Mfl-- PAX NU, P. 03 . ASPEN/FITKIN COMMUNITY DEVE[,OPMENT DEPARTMENT Agreement for Payment of City of Aspen Development Application Fee ..1 - CITY OF ASPEN (hereinafter CITY) and AA-[bA UHL (hereinafter A PPLICANT) AGREE AS FOLLOWS: . APPLICANT has submirted 10 CITY an a lication toi A Ifte,roaÂ» l-A,lofAA# loT Sfu-r, *,1 #Ag. @>Aks Â£ UAR~n,16051 4476MQS EKEMMioj (hereinafter, THE PROJECT), 2. APPLICANT undei,tands and agrees that City of Aspen Ordinance No. 45 (Series of 1999) establishes n fee structure for Land Use applications and 1hc payment of all processing fees is a condition precedent to a determination of applicalion completends. APPLICANT and CITY agree thai because of the size, nature or scope of the proposed project, it 3. is nol possible at this time to ascertain ihc full extent of the costs involved in processing the application. APPLICANT and CITY further agreÂ© that it is in the interest of the parties Illat APPLICANT make payment of an initial deposit and to utereafter pennit additional costs to be billed to APPLICANT on a monthly' basis. APPLICANT agrees additional costs may accrue following iheir hearings and/or approvals. APPLICANT agrees he will be benefired by retaining greater cash liquidity and will make addhional payments Upon notification by Ihc CITY when they are necessary as Â¢osts ate incurred. CITY agrees il will be benefired through the greater certainty â€žfrecovering its full costs to process APPI.ICANT'S application. 4. CITY and APPLICANT further agree that il is impracricable for CITY staff to complete processing or present suftlcient infoinlation to dic Planning Commission and/or City Council to enable the Planning Commilsion and/or City Council to make legally requ}red findings for project consideration, unless current billings gre paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of h right to collect full fees prior to a determination of apolicatiop completeness, APPLICANT shall pay an initial deposir in tile amount of $ 1205:*rwhich is for . hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPL]CANT shall pay additional monthly billings to CITY zo reimburse Ilic CITY for Ihe processing of the application mentioned above, including post approval review. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees ihat failure zo pay such accrucd cons shall be grounds for suspension of processing. and in no case will building permils be issued umil all costs associated with ra59 processing have been paid. C[TY OF ASPEN KPPLICANT , |A Byl . 1461 ~ _ _ Julie Airn Woods Community Development Director -29 -O L Mailing Address: 320 w . NaÂ£4â€¢11 4 . . 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B ill 'b =41*.1 4. d' . 9.-Â·-...- C S . I ..1 i.. I 1'00'!20120.2 . -;==u-1 â€¢â€¢ : - 1 .4 4. . \~1116~ Page 1 of 1 ZOOE/6E/L SdfkoneuleqpgS/osnowtuoo'Iqnllo.ISÂ·MAveq/:dlliI 742059*8 9 1 Y I r f DEPOSIT CERTIFICATE DEPOSITED THIS DAY OF ,2000 IN BOOK OF THE COUNTY-S LAND SURVEY PLATS AT PAGE AS RECEPTION NO. .THIS LAND SURVEY PLAT COMPLIES WITH SECTION 38-51-102 COLORADO REVISED STATUES. SECTION /2 COUNTY CLERK - TOWNSHIP /0 SOUTH, RANGE 85 WEST 6,h PM N A SCALE GRAVEL PAVEMENT 41---ALLEÂ¥" 1 INCH - 10 FEET 8 aliall/filip/// BLOCK = 0 5 10 15 20 CONTOUR INTERVAL IS SHED . 89.9 SHED O. .) LOT . 910 4 - 22- SHED ...ff f RED CAP . > 22 . 9018 2 ...: il ELEC & COMM. r EASEMENT - W LOT - BK 524 PG 828 N. - /2 Z 44/ -- 28.2 PATIO 0 . Â¥ LOT 0 0 0 - 0 0 ~ & NOTES . Â¥0 --O .IA L 0 0 9 3.3 4 / 4 . . e SPIKE OR PANAIL SURVEY CONTROL O FOUND SURVEY MONUMENT REBAR WITH CAP AS NOTED 2 STORY ~ - WIRE FENCE . 0 POSTED ADDRESS IS -304 AND 320 WEST HALLAM ST.- WOOD FRAME i 0*4 36 - -El- WOOD FENCE HOUSE I ./Al 1 .44&5: ~ 40 3.3' 20 291 0 0 O UTILITY BOX 05 Â· 5 4 48 Â® ELECTRIC TRANSFORMER CITY MONUMENT ~ ' 91 - - 6. ' -320 ~ 1 LOT Q SPS. 09 BASIS /EÂ· COMMITMENT NO. PCT-17086L TITLE INFORMATION WAS FURNISHED BY: PITKIN COUNTY TITLE, INC. 89.99. (90.00') ~ /.6Â· . 4 DATED: JUNE 27, 2002 OF BEARINGS PIN\ -304 3.65 9 . /24. /4 . WOOD 1 STORY 3 65' ~ - ~ -~ CONIFER TREE CALIPER SIZE AS NOTED 3 6.8 . . 0 PANABODE 89.99' 0 . . . 0 . , . ~ ~ DEC I DUOUS TREE CAL I PER SIZE AS NOTED YEL CAP Â· 9184 7- 2-20- 40 CERTIFICATION 04-4 28 - .. l l S.4 CERTIFIED TO: MARGARETE ANNA UHL Â· 09 //..., 5 -4 N 75. C90.0 ,, 491 Ihift LA PITKIN COUNTY TITLE, INC. . " ~1 (270,00Â·) 1. DAVID W. McBRIDE. A REGISTERED LAND SURVEYOR IN THE STATE OF '' Â® WATER COLORADO DO HEREBY CERTIFY THAT THIS SURVEY WAS FIELD SURVEYED ~ VALVE 28- DURING JUNE 2002 ON THE GROUND OF THE PROPERTY RED CAP 9018 STONE WALL LEGALLY DESCRIBED HEREON. AND IS CORRECT BASED ON THE FIELD EVIDENCE CORB 4 SHOWN AS FOUND HEREON. AND THAT THERE ARE NO DEISCREPANCIES. 3 CONC. CONFLICTS. SHORTAGES IN AREA. BOUNDARY LINE CONFLICTS. ENCROACHMENTS. IMPROVEMENT SURVEY GUTTER OVERLAPPING OF IMPROVEMENTS. EASEMENTS OR RIGHTS OF WAY IN FIELD . EVIDENCE OR KNOWN TO ME. EXCEPT AS HEREON SHOWN. UNDERGROUND UTILITIES }VE B T WITH NO VISIBLE APPURTENANCES AND DOCUMENTS OF RECORD NOT FURNISHED TO THE SURVEYOR ARE EXCEPTED. THIS CERTIFICATION IS VOID UNLESS LOTS N, 0, & P, BLOCK 42, WET STAMPED BY THE SEAL OF THE SURVE-N''re..5 /2 1 -' WL *C'Â·.i t 444-4,4~7 CITY & TOWNSITE OF ASPEN, SIGNED THIS -232 DAY OF (.-) I41/Â«*254:1.419 E1122/*>232: PITKIN COUNTY, COLORADO STREET DAVID W. McBRIDE RLS' 16129 & 1% --- 9 -2 ..N- -4*flf i P. 2 - '*W.0.*4 2 i PREPARED BY ASPEN SURVEY ENGINEERS. INC. - Y..ed,g*mm#*p' ACCORD 1 NG TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACT ION 210 S. GALENA STREET BASED UPON ANY DEFECT IN THIS PLAT WITHIN THREE YEARS AFTER YOU ASPEN, COLO. 81611 FIRST DISCOVERED SUCH DEFECT. IN NO EVENT, MAY ANY ACTION BASED PHONE/FAX (970) 925-3816 UPON ANY DEFECT IN THIS PLAT BE COMMENCED MORE THAN TEN YEARS E-MAIL daveâ€¢ospeninfo.com FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. job no. 32155 JUNE 7, 2002 TITLE COMM. 6-28-02 f P / 43.2 IS1 c, f '.- 24.zzi: ' p Â· 34:YAL'- A 4 J 1 '' . - UHL HISTOR1IC LANDMARK LOT SPilT Â·e-1 , I ' .. , , 4 ...: 142.t> ;i .~ .0.,fL.,1 2. ". . 1 , . 1 I T â‚¬, SUBD1VJI S 1ION EXEMPTION PLAT I." - OWNER'S CERTIFICATE ~ b t Â· LOTS N, 0, & P, BLOCK 42, 3,â‚¬ 1, I .... OF LOTS N 0 AND P, BLOCK 42 CITY AND TOWNSITE OF ASPEN PITKIN COUNTY Vâ‚¬31 . 4 7 '. '. t ' '' ' - CITY & TOWNSITE OF ASPEN, COLORADO 60E& HEREBY SUBDIVIDÂ¢ AND REPLAT THIS REAL PROPEATY UNDER THE NAME KNOW ALL MEN BY THESE PRESENTS THAT BEING THE RECORD OWNER AND STYLE OF LOTS UHL HISTORIC LANDMARK LOT SPLIT EXEMPTION SUBDIVISION, PITKIN COUNTY, COLORADO CITY OF ASPEN, PITKIN COUNfY, COLORADO. ' EXECUTED THIS - DAY OF -, 2002 .' 3,Â·f ~7 - . 2 '-41*Â·Â·Â·Â· I AS OWNER , 2002 BY Â· 4 . AS OWNER >S6 STATE OF COLORADO ) THE FOREGOING OWNER' S CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS ~ DAY OF COUNTY OF PITKIN ) VICINITY MAP MY COMMISSION EXPIRES: , WITNESS MY HAND AND OFFICIAL SEAL , NOTARY PUBLIC F-4 A ALLEY BLOCK GRAVEL PAVEMENT - SET ----.-- COR 'PLAT NOTES c SCALE TITLE CERTIFICATE . t. Thi. Landmark Lot Split Plot has been prepared pursuant to ond in accordance with A Z '41 fy Counci l Ordinance Number (Series of 200_), Historic Preservation 1 INCH - 10 FEET THE UNDERSIGNED A DULY AUTHORIZED REPRESENTATIVE OF PITKIN COUNTY TITLE. INC. 09 l/Â·E Commis;ion Re:olution Number , and the Subdivision Exemption REGISTERED To D6 BUSINESS IN PITKIN COUNTY COLORADO DOES HEREBY CERTIFY THAT THE PERSONS LISTED AS OWNERS ON THIS PLAT 60 HOLD FEE SIMPLE TITLE TO THE WITHIN Agreement record,d with the Pitkin County Clerk ond Recorder as Reception SHED o Number Thâ€¢ lands affectid by this Plot ore subject to the terms and 8 750 '4~ ~ DESCRIBED REAL PROPERTY FREE AND CLEAR OF ALL LIENS AND ENCRUMBRANCES EXCEPT SHED~~ I l 89 9 OF TITLE NOR AN OPINION OF TITLE NOR A GUARANTEE OF TITLE AND IT IS UNDERSTOOD ON THIS PLAT ARE TRUE THIS CERTIFICATE IS NOT TO BE CONSTRUED AS AN ABSTRACT the lond 0, covenants burdening the some _.....___ 0 5 10 15 20 THOSE LI STED ON THE OWN*R -S CERTIFICATE ALTHOUGH WE BEL I EVE THE FACTS STATED i of Aspen. The terms and conditions of said approvals and of tnts Plat shall run with SHED PITKIN COUNTY TITLE, INC ~]~ AND AGRE#D THAT LAND TITLE GUARANtEE COMPANY, NEITHER ASSUMtS NOR WILL BE CHARGED conditions of *oid approvals and by all applicable Land Use Regulations of the City WITH ANY FINANCIAL OBLIGATION OR LIABILITY WHATSOEVER ON ANY STATEMENT 2, Thi ,3,000 â€¢quari foot lot te entitled to 1,90 square feet of FAR floor area (1060 LOT Af equore fit, pluâ€¢ 500 square feet awarded by the HPC as o bonus), and subJect to HPC CONTAINED HEREIN , reviâ€¢â€¢ and approval for any proposed changâ€¢; to the exter,or of the existing structure 2 22 DATEDÂ· , 2002. - 3. The 6,000 *quare Foot lot 14 entitled to an aggregate of 3,080 square feel of FAR floor VINCE HIGENS, PRESIDENT 601 E. HOPKINS AVE. RED CAP area. Owner res*rve, the right to request o conditional use approval to develop on ' additional ditached r,sidintial dwelling unit on the 6,000 square foot lot. a n 22 9018 ASPEN, COLORADO 81611 /2 . recognized tha; HPC approval of the site plon and design wourd be required as well . 2 Q 2 STATE OF COLORADO) 4. No further â€¢11bdivioion of the lands depicted hereon shall be permitted, unless â€¢ ~:; *plicable approvals ore obtained pursuant to the Aspen Land Use Code. Owner Â· p, r ELEC & COMM COUNTY OF P IKTIN ) specifically rosorves the right to reque,t a readJustment of the lot line to provide two Â· ~ Q. 4,500 square foot lots, subject to any and oll required City review and approvals ' 2 EASEMENT 6 6- r BK 524 PG 828 THE FOREGOING TITLE CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS ' 0 DAY OF 2002 BY VINCE HIGENS AS PRESIDENT OF PITKIN - If any of the shed :tructures on Lots N and 0 are ever approved for and subsequently LOT N I COUNTY TITLE INC. / 2 dJmoli*hed, compliance with Section 26 470.070(B)(1) of the Aspen Land Use Code, . WITNESS MY HAND AND OFFICIAL SEAL I. ao may be omendod from time to time, wl|| be achievid unless specific variances are MY COMMISSION EXPIRES -1 - - 4 64 granted by on entity with the outhortty to do 80. s . - '4 h ' ~ ~ NOTARY PUBLIC 6, 0,nir voluntarily agrees to accept, without opposition, any efforts the City makes toiordofficjolly dosignating the Pan Abode structure on Lot P as a historic landmark. - 7,., All opprov,d vorionce, for the properties depicted hereon ore specified in Historic - ' .,:n Progirvation Commission Resolution Number 8. All existing encroachments into the public rights-of-way are sub,~ect to the terms and w - 0 ;rovision; of th, Temporary Revocable Encroochment License recorded vt h the 20 2 -~3 ~ * L O 1' P j.-1 e PAT/O 4 0 itkin County Clerk and Recorder a, Reception Number . .6 Lor o 3,000 SQ FT +/- SURVEYOR S CERT IÂ°F I CATE 00 4 - , 9. Pursuant to Section 2 0.020, Benefits of the Aspen Use Code, accessory ~ ~ d,â€¢Iling units (ADU,) or co~n lieu fees sho|I not be requi~on/of the subject o ' ' DAVID W McBRIDE, HEREBY AIiaTIFY THAT IN JUNE 2002 AND JULY.@DO2 propertilâ€¢. -- LOT ~A O y w A SURVEY WAS PERFORMED UNDE~ DIRECTION AND SUPERVISION OF IHEREON DESCRIBED 0 C:My Documinlâ€¢/Administrative/Uhl Plat Notes ' 2 PROPERTY THE LOCATION AND DMENSIONS OF THE BOUNDARY LINES BUILDING ENVELOPES, 00 6,000 So FT â€¢/- UTILITIES, IMPROVEMENTS AND EASEMENTS SHOWN ON THE PITKIN C6UNTY TI TLE, INC TITLE COMMITMENT ORDER â€¢ PCT- 17086L, DATED MAY 20, 2002 ARE ACCURATELY SHOWN ON THIS MAP 4 THE CONTROL SURVEY PRECISION IS GREATER THAN 1.10,000 WITH AN ACCURACY TO O.001 < 33 + 2 OF AN ACRE AND THAT THE SURVEY WAS DONE IN ACCORDANCE WITH CRS I 973 TITLE 38, ~ ARTICLE 51 AS AMENDED FROM TAHE TO TIME < SIGNED THIS - DAY OF ~, 2002 2 STORY ASPEN SURVEY ENGINEERS, INC. 4 ***36 - DAVID W McBRIDE RLS 16129 WOOD FRAME 210 S GALENA ST HOUSE 20* ASPEN, CO. 81611 ~ 12 3.3 6 05 4 - A) C/Ty MoNUMENT COUNCIL APPROVAL , ~ , ~ THIS PLAT OF THE UHL HISTORIC LANDMARK LOT SPL IT SUBD IVISION WAS REVIEWED AND APPROVED BY .. -320. LOT Q THE CITY COUNCIL OF THE CITY ASPEN ON THIS - DAY OF , 2002 AS le .Â· ORDINANCE NO. - SERIES OF 2002 AND RECORDED AS RECEPTION NO OF THE REAL ESTATE RECORDS OF PITKIN COUNTY, COLORADO. , 2002 09'11-E ~/6 â€¢ SIGNED THIS - DAY OF : 4 /24 / ATTEST. , 848/8 oF BEARINGS PINE â€¢ ~ 89.99' (90.00 1 ( go 00 Â· ) 1,4 3.65'C' 1 STORY Â¢'* a ' -.' 3 65* I.*' HELEN KLANDERUD, MAYOR KATHRYN S. KOCK, CITY CLERK WOOD 42, 4 88 - 6 0 PANABODE ... 1 - .... . 0 .. 0. 2-20- THIS PLAT OF THE UHL HISTORIC LANDMARK LOT SPLIT SUBDIVISION WAS REVIEWED AND APPROVED BY - YEL CAP CITY ENGINEER S APPROVAL - 9184 7- -304 , 2002. 6 LEGEND & NOTES ~Â· ~ THE CITY ENGINEER OF THE CITY OF ASPEN, THIS - DAY OF O FOUND SURVEY MONUMENT REBAR WI TH CAP AS NOTED : 20 0 CITY ENGINEER, NICK ADEH jit l. '. e SPIKE OR P-K NAIL SURVEY CONTROL 54 89 99 POSTED ADDRESS IS '304 AND 320 WEST HALLAM ST - 4. N 75* 09 11-W Â· COMMUNITY DEVELOPMENT APPROVAL ~ f- WOOD FENCE . Â¥44AW 1 THIS PLAT OF THE UHL HISTORIC LANDMARK LOT SPLIT SUBD IVISION WAS REVIEWED AND APPROVED BY (270 00*) 4, THIS - DAY OF , 2002. - -*- WIRE FENCE . THE DIRECTOR oF THE COMMUNITY DEVELOPMENT DEPARTMENT OF THE CITY oF ASPEN ON O UTILITY BOX ~ . . Â® ' WATER Â® ELECTRIC TRANSFORMER . VALVE ~ 28 - RED CAP DIRECTOR, 90/8 ~ ' STONE WALL ; + $ CONC CURB ~2~ 30. COLORADO AT - O'CLOCK __.M. ON THIS ____ DAY OF , 2002 IN PLAT CLERK AND RECORDER'S ACCEPTANCE TITLE INFORMATION WAS FURNISHED BY. PITKIN COUNTY TITLE, INC. & GUTTER COMMITMENT NO. PCT-17086L ACCEPTED FOR RECORDING IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY, DATEDÂ· JUNE 27, 2002 BOOK - AT PAGE AS RECEPTION NUMBER . i WEST CLERK AND RECORDER, SILVIA DAVIS ~~ CONIFER TREE CALIPER SIZE AS NOTED 14LLAII STREET PREPARED BY ~ DEC I DUOUS TREE CAL IPER SIZE AS NOTED 1 24: T ASPEN SURVEY ENGINEERS. INC. 210 S. GALENA STREET ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION O*#ED UPON ANY DEFECT IN THIS PLAT WI THIN THREE YEARS AFTER YOU ASPEN, COLO. 81611 . Ar., i Â· FIRST DISCOVERED SUCH DEFECT. IN No EVENT, MAY ANY ACTION BASED PHONE/FAX (970) 925-3816 E-MAIL daveâ€¢ospeninfo.com ,,1' UPON ANY DEFECT IN THIS PLAT BE CO-ENCED MORE THAN TEN YEARS 42<,1, '-: - Job no 32155 JUNE 7, 2002 h '' FROM WE DATE OF THE CERTIFICATION SHOWN HEREON REVISED 7-25-02 . - ./6-. 130.->'Â·QI*4*Jh)'â‚¬ 4 .4 >4. â€¢ i ,,-y~ .-5: ",'* ..,. .. N 14Â° 09 11 ~~ M.64.05.1,1 9 .00 001