HomeMy WebLinkAboutresolution.hpc.005-2009RECEPTION#: 557531, 03!26/2009 at
09:53:20 AM,
1 OF 4, 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 (FINAL), FOR THE
PROPERTY LOCATED AT 541 AND 541 '/z RACE STREET, LOT 6, OF THE FOX
CROSSING SUBDIVISION, CITY OF ASPEN, COLORADO
RESOLUTION NO. S, SERIES OF 2009
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, requests
Major Development (Final) for the property located at 541 and 541 '/z 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 Final Major Development Review, the HPC must review the application, a staff
analysis report and the evidence presented at a heazing to determine the project's conformance
with the City of Aspen Historic Preservation Design Guidelines per Section 26.415:070.D.4.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, Sara Adams, in her staff report dated February 11th, 2009, performed an analysis
of the application based on the review standards and the "City of Aspen Historic Preservation
Design Guidelines, found them to have been met for Final Review, and recommended approval
with conditions; and
WHEREAS, at their regular meeting on February 11, 2009, the Historic Preservation
Commission considered the application, found the application was consistent with the applicable
review standards 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 (Final), for the property
located at 541 Race Street and 541 %z Race Street, Lot 6, Fox Crossing Subdivision, City and
Townsite of Aspen, Colorado as proposed with the following conditions;
1. Grading Option C is approved.
2. The stone foundation is not approved for either cabin or the addition. An alternate
material and detail will be proposed and reviewed and approved by the full boazd
prior to the submittal for a building permit.
3. A detail of the porch column extension/replacement and details of kick plates to
extend both doors (front and side) will be submitted with the building permit
application and reviewed and approved by the full boazd.
4. All porch decking will remain and be restored. Staff and monitor approval is
required before any decking or any historic element on the cabin is removed.
5. A metal roof material and style will be reviewed and approved by the full board
prior to submittal for a building permit.
6. A landscape plan, including driveway and walkway materials, will be submitted
with the building permit application for review and approval by the full boazd.
7. Lighting fixtures and a lighting plan will be reviewed and approved by Staff and
monitor prior to purchase and installation.
8. The current "line shack #1" and "line shack #2" signs will be retained in their
current location.
9. Information on all venting locations and meter locations not described in the
approved drawings shall be provided for review and approval by staff and monitor
when the information is available.
10. The applicant shall document, using photographs and drawings, all historic
elements prior to restoration and relocation of the building.
11. A construction plan with detailed phases for the development of this lot shall be
submitted with the building permit application for approval by HPC Staff. The
historic home shall be secured, stabilized and protected during construction, and
rehabilitation of the historic home shall be in the primary phase of development.
12. A structural report demonstrating that the buildings can be moved and/or
information about how the house will be stabilized from the house mover must be
submitted with the building permit application. The applicant must provide
information as to whether or not the existing floor structure will be maintained
and the pro's and con's of the decision for review and approval by staff and
monitor.
13. A bond or letter of credit in the amount of $30,000 to insure the safe relocation of
the structure must be submitted with the building permit application.
14. A relocation plan detailing how and where the building will be stored and
protected during construction must be submitted with the building permit
application.
15. 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.
16. The conditions of approval, both Conceptual and Final HPC Resolutions, are
required to be printed on the cover sheet of the building permit plan set and all
other prints made for the purpose of construction.
17. 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 are known and understood and must meet with the Historic
Preservation Officer prior to applying for the building permit.
18. The General Contractor and/or Superintendent shall be required to obtain a
specialty license in historic preservation prior to receiving a building permit.
19. The development approvals granted herein shall constitute a site-specific
development plan vested for a period of three (3) yeazs 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 [he 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: 541 and 541 '/: Race 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.
[signatures on the following page]
APPROVED BY THE COMMISSION at its regular meeting on the 11th day of February
2009.
rian McNellis, Temporary Chair
Approved as to Form:
/ ~__~
Jim True, City Attorney
ATTEST:
Kathy Stri land, Chief Deputy Ci