HomeMy WebLinkAboutresolution.hpc.004-2008RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (IIPC)
APPROVING AN APPLICATION FOR MINOR DEVELOPMENT AND AN AMENDMENT TO
THE COMMERICAL DESIGN STANDARDS FOR THE PROPERTY LOCATED AT 300
SOUTH SPRING STREET, LOTS A AND B, BLOCK 105, CITY AND TOWNSITE OF ASPEN,
COLORADO
RESOLUTION N0.4, SERIES OF 2008
PARCEL ID:2737-182-27-001.
WHEREAS, the applicant, Snowmass Corporation, represented by Bruce McKinnon, 24398 Highway 82,
P. O. Box 620, Basalt, CO 81621, has requested Minor Development, Demolition, and Variance for the
property located at 300 South Spring Street, Lots A and B, Block 105, City and Townsite of Aspen,
Colorado; and
WHEREAS, 300 South Spring Street, Lots A through D, Block 105, was adopted as part of Exhibit A to
Aspen City Council Ordinance 48, Series of 2007 as a potential historic resource; and
WHEREAS, Section 26.415.025 of the Municipal Code states that "an owner may volunteer to have any
proposed work be reviewed by the Historic Preservation Commission pursuant to the procedures and
limitations of Chapter 26.415 of the Municipal Code, and if the work is found by HPC to be in
conformance with the "City of Aspen Historic Preservation Design Guidelines," an application for
building permit shall be issued;" and
WHEREAS, the procedure for a Minor Development Review is as follows. Staff reviews the submittal
materials and prepares a report that analyzes the project's conformance with the design guidelines and
other applicable Land Use Code Sections. This report is transmitted to the HPC with relevant information
on the proposed project and a recommendation to continue, approve, disapprove or approve with
conditions and the reasons for the recommendation. The HPC reviews the application, the staff analysis
report and the evidence presented at the hearing to determine the project's conformance with the City of
Aspen Historic Preservation Design Guidelines. The HPC may approve, disapprove, approve with
conditions, or continue the application to obtain additional information necessary to make a decision to
approve or deny; and
WHEREAS, for approval of Commercial Design Standards, according to Section 26.412.050 Review
Criteria, an application for Commercial Design Review may be approved, approved with conditions, or
denied based on conformance with the following criteria:
A. The proposed development meets the requirements of Section 26.412.060, Commercial
Design Standards or any deviation from the Standards provides a more-appealing pattern of
development considering the context in which the development is proposed and the purpose of
the particular standard. Unique site constraints can justify a deviation from the Standards.
Compliance with Section 26.412.070, Suggested Design Elements, is not required but may be
used to justify a deviation from the Standards.
B. For proposed development converting an existing structure to commercial use, the proposed
development meets the requirements of Section 26.412.060, Commercial Design Standards, to
the greatest extent practical. Changes to the fagade of the building may be required to comply
with this section. .
RECEPTION#: 547895, 03/28/2008 at
09:39:31 AM,
1 of 3, R $16.00 Doc Code RESOLUTION
Janice K. Vos Caudill, Pitkin County, CO
C. The application shall comply with the guidelines within the Commercial, Lodging and
Historic District Design Objectives and Guidelines as determined by the appropriate
Commission. The guidelines set forth design review criteria, standards and guidelines that
are to be used in making determinations of appropriateness. The City shall determine
when a proposal is in compliance with the criteria, standards and guidelines. Although
these criteria, standards and guidelines are relatively comprehensive, there may be
circumstances where alternative ways of meeting the intent of the policy objectives might
be identified. In such a case, the City must determine that the intent of the guideline is
still met, albeit through alternative means; and
WHEREAS, on June 26, 2006, the Aspen City Council adopted Ordinance 16, Series of 2006, granting
subdivision approval for the property located at 300 South Spring Street; and
WHEREAS, Sara Adams, in her staff report dated February 13th, 2008, performed an analysis of the
application based on the standards, found the Commercial Design Objectives and Guidelines and the
"City of Aspen Historic Preservation Design Guidelines have been met; and
WHEREAS, at a duly noticed public hearing on January 23, 2008, the Historic Preservation Commission
considered the application, and continued the public hearing to February 13, 2008, at which time the
Historic Preservation Commission found the application for Minor Development and an amendment to
the Commercial Design Review met the "City of Aspen Historic Preservation Design Guidelines" and the
Commercial Design Objectives and Guidelines, and approved the application by a vote of 5 to 0.
NOW, THEREFORE, BE IT RESOLVED:
That HPC hereby approves the application for Minor Development and an amendment to the Commercial
Design Review with the following conditions:
1. Landscape materials shall be approved by Staff and monitor prior to purchase and
installation.
2. There shall be no deviations from the exterior elevations as approved without first being
reviewed and approved by HPC staff and monitor, or the full board.
3. The conditions of approval and the Historic Preservation Commission Resolution is
required to be printed on the cover sheet of the building permit plan set and all other
prints made for the purpose of construction.
4. The development approvals granted herein shall constitute asite-specific development plan
vested for a period of three (3) years from the date of issuance of a development order.
However, any failure to abide by any of the terms and conditions attendant to this
approval shall result in the forfeiture of said vested property rights. Unless otherwise
exempted or extended, failure to properly record all plats and agreements required to be
recorded, as specified herein, within 180 days of the effective date of the development
order shall also result in the forfeiture of said vested property rights and shall render the
development order void within the meaning of Section 26.104.050 (Void permits).
Zoning that is not part of the approved site-specific development plan shall not result in
the creation of a vested property right.
No later than fourteen (14) days following final approval of all requisite reviews necessary
to obtain a development order as set forth in this Ordinance, the City Clerk shall cause to be
published in a newspaper of general circulation within the jurisdictional boundaries of the
City of Aspen, a notice advising the general public of the approval of a site specific
development plan and creation of a vested property right pursuant to this Title. Such notice
shall be substantially in the following form:
Notice is hereby given to the general public of the approval of a site specific development
plan, and the creation of a vested property right, valid for a period of three (3) years,
pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado
Revised Statutes, pertaining to the following described property: 300 South Spring Street.
Nothing in this approval shall exempt the development order from subsequent reviews
and approvals required by this approval of the general rules, regulations and ordinances
or the City of Aspen provided that such reviews and approvals are not inconsistent with
this approval.
The approval granted hereby shall be subject to all rights of referendum and judicial
review; the period of time permitted by law for the exercise of such rights shall not begin
to run until the date of publication of the notice of final development approval as
required under Section 26.304.070(A). The rights of referendum shall be limited as set
forth in the Colorado Constitution and the Aspen Home Rule Charter.
APPROVED BY THE COMMISSION at its regular meeting on the 13th day of February 2008.
Approved as to Form:
im True, Special Counsel
Approved as to c ntent:
HIS C P SE TI COMMISSION
Michael Hoffman, Chair
ATTEST:
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Kathy Str} kland, Chief Deputy Clerk