HomeMy WebLinkAboutresolution.hpc.006-2008RECEPTION#: 550531, 06!28/2008 at
09:25:31 AM,
1 OF 3, R $16.00 Doc Code RESOLUTION
Janice K. Vos Caudill, Pitkin County, CO
RESOLUTION OF THE ASPEN HISTORIC P,
APPROVING AN APPLICATION FOR MINOR DEVELOPMENT AND A VARIANCE
FOR A NEW ROOFTOP DECK AND RAILING FOR THE PROPERTY LOCATED AT
510 EAST HYMAN AVENUE, UNITS 1 -4, B.P.O.E. CONDOMINUMS, BLOCK 94,
CITY AND TOWNSITE OF ASPEN, COLORADO
RESOLUTION N0.6, SERIES OF 2008
PARCEL ID: 2737-182-13-001
WHEREAS, the applicant, the Aspen Elks Lodge, represented Mike Haman, has requested
Minor development and a height vaziance for the property located at 501 East Hyman Avenue,
Units 1-4, B.P.O.E. Condominiums, Block 94, City and Townsite of Aspen, Colorado; and
WHEREAS, Section 26.415.070 of the Municipal Code states that "no building or structure
shall be erected, constructed, enlarged, altered, repaired, relocated or improved involving a
designated historic property or district until plans or sufficient information have been submitted
to the Community Development Director and approved in accordance with the procedures
established for their review;" 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 vaziances, the HPC must review the application, a staff analysis
report and the evidence presented at a hearing to determine, per Section 26.314.040 of the
Municipal Code, that the setback variance:
a. In order to authorize a variance from the dimensional requirements of Title 26, the
appropriate decision making body shall make a finding that the following three (3)
circumstances exist:
1. The grant of vaziance will be generally consistent with the purposes, goals, objectives,
and policies of the Aspen Area Community Plan and this Title;
2. The grant of variance is the minimum variance that will make possible the reasonable
use of the parcel, building or structure;
3. Literal interpretation and enforcement of the terms and provisions of this Title would
deprive the applicant of rights commonly enjoyed by other pazcels in the same zone
district, and would cause the applicant unnecessary hardship, as distinguished from mere
inconvenience. In determining whether an applicant's rights would be deprived, the boazd
shall consider whether either of the following conditions apply:
a. There aze special conditions and circumstances which aze unique to the
parcel, building or structure, which are not applicable to other pazcels, structures
or buildings in the same zone district and which do not result from the actions of
the applicant;
b. Granting the variance will not confer upon the applicant any special privilege
denied by the Aspen Area Community Plan and the terms of this Title to other
parcels, buildings, or structures, in the same zone district.
WHEREAS, Amy Guthrie, in her staff report dated Apri123, 2008, performed an analysis of the
application based on the standards, found the "City of Aspen Historic Preservation Design
Guidelines, and the criteria for a vaziance were not met and recommended denial; and
WHEREAS, at their regulaz meeting on April 23, 2008, the Historic Preservation Commission
considered the application, and continued it to conduct a site visit to the roof of the structure. On
May 14, 2008, HPC found the application to be in compliance with the "City of Aspen Historic
Preservation Design Guidelines" and vaziance review criteria, and approved the application by a
vote of 4 to 0.
NOW, THEREFORE, BE IT RESOLVED:
That HPC hereby recommends approval of the application for Minor Development and a
Vaziance for the property located at 510 East Hyman Avenue, Units 1 - 4, B.P.O.E.
Condominiums, Block 94, City and Townsite of Aspen, Colorado, with the following conditions:
1. A height vaziance is granted to allow for the minimum required height by Building Code
for a railing (3' 6") to surround a new rooftop deck.
2. There are to be no umbrellas or lazge tall furniture above the railing.
3. The applicant agrees to be diligent in bringing the height down as much as possible and
lowering the height a minimum of four inches.
4. The materials used should be unobtrusive as possible.
5. The conditions should be approved by staff and monitor.
APPROVED BY THE COMMISSION at its regular meeting on the 14th day of May, 2008.
Approved as to Form:
~..--~-
Jim True, Assistant City Attorney
Approved as to co ent:
HIS RIC P RV I C ISSION
Michael Hoffman, Cha
ATTES .
~~ _
Kathy Stri and, Chief Deputy CI rk