HomeMy WebLinkAboutagenda.hpc.20080811P1
ASPEN HISTORIC PRESERVATION COMMISSION
August 11, 2008
8 A.M. SPECIAL MEETING
MEET AT THE POPCORN WAGON
I. Roll call
II. Approval of minutes
III. Public Comments
IV. Commission member comments
V. Disclosure of conflict of interest (actual and apparent)
VI. Project Monitoring
VII. Staff comments: Certificate of No Negative Effect issued
(Next resolution will be #18)
VIII. OLD BUSINESS
A. POPCORN WAGON
IX. Adjourn
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MEMORANDUM
TO: Aspen Historic Preservation Commission
THRU: Amy Guthrie, Historic Preservation Officer
FROM: Sara Adams, Preservation Planner
RE: 305 S. Mill Street, Unit A, "Popcorn Wagon"- Minor Development Public
Hearing
DATE: August 11, 2008
SUMMARY: The Popcorn Wagon was built circa 1913. It is rumored to have come to Aspen in
1969 at which time it was completely renovated. The location of the Popcorn Wagon changed
over time. It has been located across from the Wheeler Opera House for about 30 years.
HPC is asked to determine whether the changes to the Popcorn Wagon meet the Historic
Preservation Design Guidelines as a movable street furnishing and whether the new wagon
detracts from the Historic District, especially the Wheeler Opera House across the street. The
Popcorn Wagon was not an individually designated structure, but it is located within the
Commercial Core Historic District and therefore is under the purview of HPC.
Recommendation: Staff recommends that HPC grant Minor Development approval for the new
Popcorn Wagon located at 305 South Mill Street.
APPLICANT: Marcus Wade and Dena Marino, 30~ South Mill Street, Unit A, Aspen.
Colorado.
PARCEL ID: 2737-182-17-003.
ADDRESS: 305 South Mill Street, Unit A of the Aspen Commercial Condominiums, City and
Townsite of Aspen, Colorado.
ZONING: CC, Commercial Core.
MINOR DEVELOPMENT
The procedure for a Minor Development Review is as follows. Staff reviews the submittal
materials and prepares a report that analyzes flee project's conformance with flee design
guidelines and other applicable Land Dse Code Sections. This report is transmitted to t/ie
HPC witlr relevant information on the proposed project and a recommendation to contiiza~e,
approve, disapprove or approve wide. conditions and the reasons for tl:e recommendation. The
HPC will review the application, the staff analysis report and flee evidence presented at flee
hearing to determine flee project's conformance with the City of Aspen Historic Preservation
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Design Guidelines. Tl:e HPC may approve, disapprove, approve with conditions, or continue
tl:e applicatio~t to obtain additional information necessary to make a decision to approve or
deny. If the application is approved, the HPC shall issue a Certificate of Appropriateness and
the Community Development Director shall issue a Development Order. The HPC decision
shall be final unless appealed by the applicant or a landowner within three Izundred (300) feet
of the subject property in accordance with the procedures setfortlz in Chapter 26.316.
Staff Response: The Design Guidelines do not offer specific guidance for improvements to the
pedestrian malls; however, the overarching policy for design in the Commercial Core Historic
District states "improvements...should maintain the integrity of historic resources in the area. At
the same time, compatible and creative design solutions should be encouraged." The Commercial
Core Historic District Design Objectives (the document that was recently developed and adopted
in 2007) clearly emphasize the importance of street vitality through creative and interesting
public spaces. In Staffs opinion, not only is there a history of a "wagon" in Aspen, the operation
of the Popcorn Wagon is vital to the downtown experience.
The applicant has demolished the old Popcorn Wagon that was a combination of wood, glass and
a nickel frame. It's replacement appears to be similar dimension and form, but the exterior
material is a mixture of metals with a palette of black and grays. Benches and tables have been
added to the seating area around the existing planter boxes.
Previous Popcorn Wagon
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New popcorn
Wagon
New benches
and tables
around the
planter boxes.
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Overall, Staff finds that the new wagon does not detract from the Historic District. It contributes
to vitality downtown and represents a modern interpretation of the 1913 popcorn wagon that is
clearly meets the preservation tenet that it be "a product of its own time." The applicant
mentioned the possibility of painting the new wagon red. Staff finds that painting the new wagon
unauthenticallyrnimics the 1913 wagon and is unnecessary.
The Popcorn Wagon is located on the required open space for the property. The following
guidelines for public amenity space in the Commercial Core convey the overall concept of this
type of required open space. Staff finds that these guidelines are met.
6.6 A street facing amenity space shall meet all of the following requirements:
^ Abut the public sidewalk
^ Be level with the sidewalk
^ Be open to the sky
^ Be directly accessible to the public
^ Be paved or otherwise landscaped
6.8 Street facing amenity space shall contain features to promote and enhance its use.
These may include one or more of the following:
^ Street furniture
^ Public art
^ Historical/interpretive marker
DECISION MAKING OPTIONS:
The HPC may:
• approve the application,
• approve the application with conditions,
• disapprove the application, or
• continue the application to a date certain to obtain additional information necessary
to make a decision to approve or deny.
RECOMMENDATION: Staff recommends that HPC approved the application for Minor
Development.
Exhibits:
A. Relevant Design Guidelines
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Commercial Core Historic District Desi;n Objectives
S. Accommodate outdoor public spaces where they respect the historic coiztext. The street
vitality associated with the center of the cit}~ should be retained and enhanced through a
combination of the form and design of the walkable street network and the associated areas of
public gathering space at street level. The design of any pa~blic space within the core should be a
central consideration in the design and configuration of the building, to ensz~r•e that it
contributes to a positive experience in the streetseene, whether or not used for street dining.
6.6 A street facing amenity space shall meet all of the following requirements:
^ Abut the public sidewalk
^ Be level with the sidewalk
^ Be open to the sky
^ Be directly accessible to the public
^ Be paved or otherwise landscaped
6.7 Astreet-facing public amenity space shall remain subordinate to the line of building
fronts in the Commercial Core.
^ Any public amenity space positioned at the street edge shall respect the character of the
streetscape and ensure that street cot•ners are well defined, with buildings placed at the
sidewalk edge.
^ Sunken spaces, which are associated with some past developments, adversely affect the street
character. Where feasible, these should be replaced with sidewalk level improvements.
6.8 Street facing amenity space shall contain features to promote and enhance its use.
These may include one or more of the following:
^ Street furniture
^ Public art
^ Historical/interpretive marker
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RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC)
APPROVING AN APPLICATION FOR MINOR DEVELOPMENT FOR THE
POPCORN WAGON ON PROPERTY LOCATED AT 30~ SOUTH MILL STREET,
UNIT A OF THE ASPEN COMMERCIAL CONDOMINIUMS, CITY AND TOWNSITE
OF ASPEN, COLORADO
RESOLUTION NO. _ SERIES OF 2008
PARCEL ID: 2737-1.82-17-003.
WHEREAS, the applicants, Dena Marino and Marcus Wade have requested Minor
Development approval for the property located at 305 South Mill Street, Unit A of the Aspen
Commercial Condomimiums, City and Townsite of Aspen, Colorado.
WHEREAS, Section 26.4] 5.070 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, Sara Adams, in her staff report dated August 1 lth, 2008, performed an analysis of
the application based on the standards, found the review standards and the "City of Aspen
Historic Preservation Design Guidelines have been met; and
WHEREAS, at a special meeting on August 11, 2008, the Historic Preservation Commission
considered the application, found the application for Minor Development inet t11e "City of Aspen
Historic Preservation Design Guidelines" and approved the application by a vote of to
NOW, THEREFORE, BE IT RESOLVED:
That HPC hereby recommends approval of the application for Minor Development for the property
located at 305 South Mill Street, Unit A of the Aspen Commercial Condominiums, City and
Townsite of Aspen, Colorado with the following conditions:
1. 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
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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: 30~ South Mill Street,
Unit A, the Popcorn Wagon.
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 11th day of August
?008.
Michael Hoffman, Chair
Approved as to content:
ATTEST:
Kathy Strickland, Chief Deputy Clerk
Approved as to Form:
Jim True, Special Counsel
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RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC}
APPROVING AN APPLICATION FOR MINOR DEVELOPMENT FOR THE
POPCORN WAGON ON PROPERTY LOCATED AT 305 SOUTH MILL STREET,
UNIT A OF THE ASPEN COMMERCIAL CONDOMINIUMS, CITY AND TOWNSITE
OF ASPEN, COLORADO
RESOLUTION NO. _ SERIES OF 2008
PARCEL ID: 2737-182-17-003.
WHEREAS, the applicants, Dena Marino and Marcus Wade have requested Minor
Development approval for the property located at 305 South Mill Street, Unit A of the Aspen
Commercial Condomimiums, City and Townsite of Aspen, Colorado.
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 aild 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, Sara Adams, in her staff report dated August 11th, 2008, performed an analysis of
the application based on the standards, found the review standards and the "City of Aspen
Historic Preservation Design Guidelines have been met; and
WHEREAS, at a special meeting on August 1 ], 2008, the Historic Preservation Commission
considered the application, found the application for Minor Development met the "City of Aspen
Historic Preservation Design Guidelines" and approved the application by a vote of _ to
NOW, THEREFORE, SE IT RESOLVED:
That HPC hereby recommends approval of the application for Minor Development for the property
located at 305 South Mill Street, Unit A of the Aspen Commercial Condominiums, City and
Townsite of Aspen, Colorado with the following conditions:
1. 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
P10
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 oi~ 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: 305 South Mill Street,
Unit A, the Popcorn Wagon.
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 11th day of August
2008.
Michael Hoffman, Chair
Approved as to content:
ATTEST:
Kathy Strickland, Chief Deputy Clerk
Approved as to Form:
Jim True, Special Counsel