HomeMy WebLinkAboutresolution.hpc.008-2009RECEPTION#: 557533, 03!2612009 at
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1 of 3, R $16.00 Doc Code RESOLUTION
Janice K. Vos Caudill, Pitkin County, CO
RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC)
APPROVING MASS AND SCALE AS DEFINED IN HPC RESOLUTION NUMBERED 5
SERIES OF 1991 AND RESIDENTIAL DESIGN STANDARD VARIANCES WITH
CONDITIONS FOR THE PROPERTY LOCATED AT 601 WEST HALLAM STREET,
LOTS H AND I, BLOCK 23, CITY AND TOWNSITE OF ASPEN, COLORADO
RESOLUTION N0.8, SERIES OF 2009
PARCEL ID: 2735.124.31.002.
WHEREAS, the applicant, David Newberger, 2905 San Gabrielle, Suite 218, Austin, TX,
78705, represented by Harry Teague, 129 Emma road, Suite A, Basalt, CO 81621 requests mass
and scale review, pursuant to HPC Resolution numbered 5, Series of 1991, and Residential
Design Standazd Variances for the property located at 601 West Hallam Street, Lots H and I,
Block 23, City and Townsite of Aspen, Colorado; and
WHEREAS, HPC resolution numbered 5, Series of 1991, grants HPC the authority to review the
mass and scale of new development on the subject property, defined as follows:
Mass: "any new building will be designed so that it is not one big uninterrupted box
structure and will use appropriately pitched roof forms for residential buildings as
opposed to flat roofs;"
Scale: "window and door dimensions and building scale shall be consistent with the scale
of other buildings on the block;" and
WHEREAS, 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
WHERAS, for variances from the Residential Design Standards, Section 26.4]0.040, which
meet Section 26.410.020.D, the HPC shall find that the variance, if granted, would:
a) Provide an appropriate design or pattern of development considering the context in
which the development is proposed and the purpose of the particular standazd. In
evaluating the context as it is used in the criteria, the reviewing boazd may consider
the relationship of the proposed development with adjacent structures, the immediate
neighborhood setting, or a broader vicinity as the board deems is necessary to
determine if the exception is wan•anted; or
b) Be cleazly necessary for reasons of fairness related to unusual site-specific constraints;
and
WHEREAS, Saza Adams, in her staff report dated Mazch 11th, 2009, performed an analysis of
the application based on the standards, found that the review standazds for Residential Design
Standard variances were not met, and recommended HPC deny the requested variances; and
found that the mass and scale met the intent of HPC Resolution numbered 5, Series of 1991 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 review
standards for the Residential Design Standazd variances, and was consistent with the intent of
HPC Resolution Numbered 5, Series of 1991 and approved the application with conditions by a
vote of 4 to 2.
NOW, THEREFORE, BE IT RESOLVED:
That HPC hereby grants mass and scale approval, pursuant to HPC Resolution numbered 5,
Series of 1991, and grants approval for the requested Residential Design Standazd vaziances for
the property located at 601 West Hallam Street, Lots H and I, Block 23, City and Townsite of
Aspen, Colorado, as proposed with the following conditions;
1. Accessible space above the one story element is approved.
2. The solar panels proposed above the linking element are approved.
3. A Residential Design Standazd vaziance is granted for 26.410.O10.B. ] Secondary Mass.
4. The following Residential Design Standards: 26.410.040.D.2 First story element,
26.410.040.D.1 Street Oriented entrance and principal window, and 26.410.040.D.3.a
Windows are granted.
5. There shall be no deviations in scale and mass, as defined in HPC Resolution Number 5,
Series of 1991, from the exterior elevations as approved without first being reviewed and
approved by HPC staff and monitor, or the full board.
6. The development approvals granted herein shall constitute asite-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 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 boundazies 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: 601 West Hallam 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.
APPROVED BY THE COMMISSION at its regular meeting on the 11th day of Mar h
2009.
Michae offman, Chair
Approved as to Form:
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Jim True, City Attorney
ATTEST:
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Kathy Stric an ,Chief Deputy Clerk