HomeMy WebLinkAboutresolution.hpc.011-2009RECEPTION#: 558190, 04/23/2009 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 AN APPLICATION FOR MAJOR DEVELOPMENT (FINAL) AND A
RESIDENTIAL DESIGN STANDARD VARIANCE FOR THE PROPERTY LOCATED
AT 1291 RIVERSIDE DRIVE, LOT B OF THE LOT 20,1295 RIVERSIDE DRIVE
SUBDIVISION, CITY AND TOWNSITE OF ASPEN, COLORADO
RESOLUTION NO. 11, SERIES OF 2009
PARCEL ID: 2737-181-17-024.
WHEREAS, the applicant, Scott and Alex Kendrick, represented by Scott Lindenau of Studio B,
501 Rio Grande Place, Suite 104, Aspen, CO request Major Development (Final) and a
Residential Design Standazd Variance for the property located at 1291 Riverside Drive, Lot B of
Lot 20, 1295 Riverside Drive Subdivision, City and Townsite 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 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
WHERAS, for variances from the Residential Design Standards, Section 26.410.040, which do
not 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 standard. In
evaluating the context as it is used in the criteria, the reviewing board 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 warranted; or
b) Be cleazly necessary for reasons of fairness related to unusual site-specific constraints;
and
WHEREAS, Amy Guthrie, in her staff report dated April 8, 2009, performed an analysis of the
application based on the standazds, found that the review standards for Residential Design
Standard vaziance was met, and recommended HPC approve the requested vaziances; and the
"City of Aspen Historic Preservation Design Guidelines have been met for Final Review, and
recommended approval with conditions; and
WHEREAS, at their regulaz meeting on April 8, 2009, the Historic Preservation Commission
considered the application, found the application was consistent with the review standazds for the
Residential Design Standazd vaziances, and was consistent with the "City of Aspen Historic
Preservation Design Guidelines" and approved the application by a vote of 6 to 0.
NOW, THEREFORE, BE IT RESOLVED:
That HPC hereby grants approval for Major Development (Final), and the request for a
Residential Design Standard vaziance for the property located at 1291 Riverside Drive, Lot B of
Lot 20, 1295 Riverside Drive Subdivision, City and Townsite of Aspen, Colorado, as proposed
with the following conditions;
1. Revise the landscape plan to limit new conifer planting, for review and approval by staff
and monitor.
2. A variance was granted from Section 26.410.040.D.3, Residential Design Standards,
related to an upper floor window on the front fagade.
3. 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.
4. 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.
5. 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.
6. 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.
7. The General Contractor and/or Superintendent shall be required to obtain a specialty
license in historic preservation prior to receiving a building permit.
8. 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 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: 1291 Riverside Drive,
Lot B of Lot 20, 1295 Riverside Drive Subdivision, City and Townsite of Aspen,
Colorado.
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 8th day of Apri12009.
Michael Hoffman, Chair
Approved as to Form:
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Jim True, City Attorney
ATTEST:
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Kathy Sh c land, Chief Deputy Clerk