HomeMy WebLinkAboutresolution.hpc.020-2008RECEPTION#: 552427, 08/29/2008 at
10:31:48 AM,
1 OF 6, R $31.00 Doc Code RESOLUTION
Janice K. Vos Caudill, Pitkin County, CO
RESOLUTION OF THE ASPEN HISTORIC PRES
APPROVING AN APPLICATION FOR MINOR DEVELOPMENT ANl) A vatuaiv~.~
FOR THE PROPERTY LOCATED AT 216 WEST HYMAN AVENUE, LOTS O AND P,
BLOCK 53, CITY AND TOWNSITE OF ASPEN, COLORADO
RESOLUTION NO. 20, SERIES OF 2008
PARCEL ID: 2735-124-63-006.
WHEREAS, the applicant, Ann Mullins, represented by Derek Skalko of 1Friday Collaborative,
has requested Minor Development and a Variance for the property located at 216 West Hyman
Avenue, Lots O and P, Block 53, 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 prepazes 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 heazing 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 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.B of the
Municipal Code, that the setback variance:
a. Is similar to the pattern, features and chazacter of the historic property or district;
and/or
b. Enhances or mitigates an adverse impact to the historic significance or azchitectural
character of the historic property, an adjoining designated historic property or historic
district.
WHEREAS, Sara Adams, in her staff report dated August 13th, 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 the criteria for a variance
demonstrated; and
WHEREAS, at their regular meeting on August 13, 2008, the Historic Preservation Commission
considered the application, found the application for Minor Development and a variance met the
"City of Aspen Historic Preservation Design Guidelines" and variance review criteria, and
approved the application by a vote of five to zero (5 - 0.)
NOW, THEREFORE, BE IT RESOLVED:
That HPC hereby recommends approval of the application for Minor Development, Demolition and
Variances for the property located at 216 West Hyman Avenue, Lots O and P, Block 53, City and
Townsite of Aspen, Colorado with the following conditions:
1. The modified version of the proposal, specifically sheets A1.00, A2.02 and A3.02
attached as Exhibit A, and presented on August 13, 2008 is approved
2. The fence has been omitted from the application and is not approved.
3. The concrete pad will be removed from the front yard and right of way.
4. The requested waiver of two parking spaces is denied.
5. A variation of zero feet for the west side yazd setback existing condition and new
addition, where five feet aze required and zero feet aze provided, is granted.
6. 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 boazd.
7. The conditions of approval will be required to be printed on the cover sheet of the
building permit plan set and all other prints made for the purpose of construction.
8. The applicant shall be required to provide the contractor with copies of the HPC
resolution applicable to this project. The contractor must submit a letter addressed to
HPC staff as part of the building permit application indicating that all conditions of
approval aze known and understood and must meet with the Historic Preservation Officer
prior to applying for the building permit.
9. The General Contractor and/or Superintendent shall be required to obtain a specialty
license in historic preservation prior to receiving a building permit.
10. 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: 216 West Hyman Avenue.
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
2008.
regular meeting on the 13th day of August
Mic ael Hoffman, Chair
ATTE T:
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Kathy 'ckland, Chief Deputy Clerk
Approved as to Form:
Jim True, Special Counsel
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