HomeMy WebLinkAboutresolution.hpc.015-2008RECEPTION#: 551559, 08J01J2008 at
10:23:19 AM,
1 of a, R $21.00 Doc Code RESOLUTION
Janice K. Vos Caudill, Pitkin County, CO
RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC)
APPROVING AN APPLICATION FOR MAJOR DEVELOPMENT (CONCEPTUAL),
RESIDENTIAL DESIGN STANDARDS, ADU STANDARDS AND VARIANCES FOR
THE PROPERTY LOCATED AT 541 RACE STREET, LOT' 6, OF THE FOX
CROSSING SUBDIVISION, CITY OF ASPEN, COLORADO
RESOLUTION NO. 15, SERIES OF 2008
PARCEL ID: 2737-073-92-006.
WHEREAS, the applicant, Fox Crossing Partners, LLC, 601 East Hopkins Avenue, Ste. 202,
Aspen, CO, 81611, represented by Janver Darrington of Charles Cunniffe Architects and Stan
Clauson of Stan Clauson Associates, Inc., request Major Development (Conceptual), Residential
Design Standazd Review, Accessory Dwelling Unit Design Standard Review and Variances for
the property located at 541 Race Street, Lot 6 of the Fox Crossing Subdivision, City 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, for Conceptual Major Development Review, the HPC must review the application,
a staff analysis report and the evidence presented at a hearing to determine the project's
conformance with the City of Aspen Historic Preservation Design Guidelines per Section
26.415.070.D.3.b.2 and 3 of the Municipal Code and other applicable Code Sections. 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 setback variances, the HPC must review the application, a staff
analysis report and the evidence presented at a hearing to determine, per Section 26.415.110.0 of
the Municipal Code, that the setback variance:
a. Is similaz 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 chaaacter
of the historic property, an adjoining designated historic property or historic district; and
WHEREAS, for approval of an FAR bonus, the HPC must review the application, a staff
analysis report and the evidence presented at a hearing to determine, per Section 26.415.110.0 of
the Municipal Code, that:
a. The design ofthe 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 reflective of the proportional patterns found in the historic building's
form, materials or openings; and/or
e. The construction materials aze of the highest quality; and/or
£ 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, Sara Adams, in her staff report dated June 25th, 2008, performed an analysis of the
application based on the review standards regazding Accessory Dwelling Unit Design Standazds,
Residential Design Standards, Variances and the "City of Aspen Historic Preservation Design
Guidelines, found them to have been met for Conceptual Review, and recommended approval
with conditions; and
WHEREAS, at their regular meeting on June 25, 2008, the Historic Preservation Commission
considered the application, found the application was consistent with the review standards for the
Setback Variances, Accessory Dwelling Unit Design Standazds, Residential Design Standards,
and Conceptual Design and the "City of Aspen Historic Preservation Design Guidelines" and
approved the application by a vote of 5 to 0.
NOW, THEREFORE, BE IT RESOLVED:
That HPC hereby recommends approval for Major Development Review (Conceptual), ADU
Design Standazd Review, Residential Design Standazd Review and Variances for the property
located at 541 Race Street, Lot 6, Fox Crossing Subdivision, City and Townsite of Aspen,
Colorado as proposed with the following conditions;
1. The front porch of the free mazket residence will not be altered.
2. The applicant will restudy the grading to maintain the existing relationship to grade as
appropriate to be reviewed during Final Review.
3. The 500 squaze feet FAR Bonus is granted.
4. The following setbacks aze granted: a variance of five feet for the front yard (west)
setback for the free market residence where ten feet are required and five feet are
provided; a variance of ten feet for the front yard (west) setback of the ADU where five
feet are provided and fifteen feet are required; a variance of seven feet for the north side
yard setback where three feet are provided where ten feet are required; a variance of five
feet for the south side yazd setback where five feet aze provided and ten feet aze required;
and a variance of five feet of distance between the cabins where ten feet is required and
five feet are provided.
5. The unit shall be a "for sale" unit.
6. It is preferred that the unit be offered for sale through the lottery system with the
Aspen/Pitkin County Housing Authority. However, the Code stipulates that the initial
developer may select the first qualified purchaser of the unit. Subsequent conveyances
shall be according to the lottery sales procedures specified in the Aspen/Pitkin County
Housing Authority Guidelines as amended.
7. The unit shall be no higher than Category 4 with a preference to Category 3.
8. The governing documents shall be reviewed and approved by APCHA.
9. If the unit is part of a Homeowners' Association (HOA), language shall be provided in
the Protective Covenants, or any other appropriate governing documents, covering the
unit's homeowners' assessments. The assessments shall be based on the value of the deed-
restricted sales compazed to the sales price of the free-market homes within the same HOA.
This language shall be required in the approval and in the Covenants associated with the
project and shall also allow for the same voting representation as any other unit located
within the HOA. No changes to this restriction would be allowed without APCHA's
approval.
10. The Certificate of Occupancy for the deed-restricted unit shall be in conjunction with the
free-market unit (or sooner).
11. Since this unit is an existing unit, Part VII, Section 14, Deed Restricting Existing Dwe[[ing
Units, comes into play. Specific conditions are required prior to Certificate of Occupancy
of the free-market residence.
If accepted by the City or County, existing units must be upgraded in accordance with the
following criteria (unless a variance from these requirements is approved by the applicable
governing body upon the recommendation of the APCHA):
a. The interior walls of all units must be freshly painted.
b. The interior Appliances must be purchased within the last five years and be in good and
working condition.
c. Carpet must be less than five years old and be in good condition and repair, or be replaced.
d. The exterior walls shall be freshly painted within one year of dedication.
e. A general level of upgrade to yards and landscaping shall be provided.
£ Windows, heating, plumbing, electrical systems, fixtures and equipment shall be in good
and working order.
g. The roof must have a remaining useful life of at least ten (10) years.
h. All units shall meet the International Building Code minimum standards, any applicable
housing code or, in the absence of an adequate code, the housing code acceptable to the
APCHA.
i. All units shall be approved by the APCHA and verified by a qualified Building Inspector
accepted and approved by the APCIIA.
j. Applicant shall bear the costs and expenses of any required upgrades to meet the standards
stated in Part VII, Section 14, a through i, as well as any structural/engineering reports
required by the APCHA to assess the suitability for occupancy and compliance with the
APCHA standards of the proposed units.
12. A development application for a Final Development Plan shall be submitted within one
(1) year of the date of approval of a Conceptual Development Plan. Failure to file such an
application within this time period shall render null and void the approval of the
Conceptual Development Plan. The Historic Preservation Commission may, at its sole
discretion and for good cause shown, grant aone-time extension of the expiration date for
a Conceptual Development Plan approval for up to six (6) months provided a written
request for extension is received no less than thirty (30) days prior to the expiration date.
(signatures on the following page]
APPROVED BY THE COMMISSION at its regular meeting on the 25th day of Juue 2008.
Approved as to Form:
Jim True, City Attorney
Approved s to content:
HISTO PRESERV TION COMMISSION
Sarah roughton, Vice- Chair
ATTEST:
Kathy St cir~' kland, Chief Deputy Clerk