HomeMy WebLinkAboutresolution.hpc.013-2018 RECEPTION#: 650781, R: $28.00, D: $0.00
DOC CODE: RESOLUTION
Pg 1 of 4, 10/0112018 at 02:58:04 PM
Janice K.Vos Caudill, Pitkin County, CO
A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC)
APPROVING MINOR DEVELOPMENT, SETBACK VARIATIONS, DEMOLITION AND ON-
SITE RELOCATION FOR 135 E. COOPER AVENUE, LOTS H AND I, AND THE EASTERLY 5
FEET OF LOT G, BLOCK 70, CITY AND TOWNSITE OF ASPEN, COLORADO
RESOLUTION #13, SERIES OF 2018
PARCEL ID: 2735-131-04-003.
WHEREAS, the applicant, Chris Pat Aspen LLC, represented by Eigelberger
Architecture and Design, requested Minor Development, Setback Variations,
Demolition and On-site Relocation approval for 135 E. Cooper Avenue, Lots H
and I, and the easterly 5 feet of Lot G, Block 70, City and Townsite of Aspen. The
property is a designated landmark; 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 Minor Development, 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 design guidelines per Section 26.415.070.C.3.b
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, the HPC may approve setback variations according to Section
26.415.1 10.0 of the Municipal Code, Variances; and
WHEREAS, the HPC may approve Demolition according to Section 26.415.080 of
the Municipal Code; and
WHEREAS, the HPC may approve Relocation according to Section 26.415.090 of
the Municipal Code; and
WHEREAS, Amy Simon, in her staff report dated September 12, 2018, performed
an analysis of the application and recommended approval with conditions; and
WHEREAS, during a duly noticed public hearing on September 12, 2018, the
Historic Preservation Commission considered the application, found the
application was consistent with the applicable review standards and guidelines
and approved the application with conditions by a vote of— to _.
NOW, THEREFORE, BE IT RESOLVED:
That HPC approves Minor Development, Setback Variations, Demolition and On-
site Relocation for the property located at 135 E. Cooper Avenue, Lots H and I,
and the easterly 5 feet of Lot G, Block 70, City and Townsite with the following
conditions:
Section 1:
1 . Provide a site plan and landscape plan addressing guidelines 1 .4, 1 .6, 1 .8,
1 .13 and 1 .14 for review and approval by staff and monitor.
2. Restudy the east windows of the proposed expansion for consistency with
the proportions, placement and glass divisions found on the rest of the
addition, for review and approval by staff and monitor.
3. HPC hereby grants a 2'4" reduction of the west sideyard for the addition
to the Victorian house, a 9'2" reduction of the combined sideyard for the
Victorian house, and a 2'6" reduction of the rear yard for the outbuilding.
4. HPC allows the relocation of the outbuilding with the condition that the
relocation be performed by a qualified contractor, in conformance with
guideline 9.7. A detailed relocation plan must be provided for review and
approval by staff and the applicant must provide a $15,000 security to be
held temporarily by the City to ensure the safe relocation of the building.
5. All dimensional calculations will be verified for conformance with the
Municipal Code at the time of building permit.
Section 2:
All material representations and commitments made by the Applicant
pursuant to the development proposal approvals as herein awarded,
whether in public hearing or documentation presented before the
Community Development Department, the Historic Preservation Commission,
or the Aspen City Council are hereby incorporated in such plan
development approvals and the same shall be complied with as if fully set
forth herein, unless amended by other specific conditions or an authorized
authority.
Section 3:
This Resolution shall not affect any existing litigation and shall not operate as
an abatement of any action or proceeding now pending under or by virtue
of the ordinances repealed or amended as herein provided, and the same
shall be conducted and concluded under such prior ordinances.
If any section, subsection, sentence, clause, phrase, or portion of this
Resolution is for any reason held invalid or unconstitutional in a court of
competent jurisdiction, such portion shall be deemed a separate, distinct
and independent provision and shall not affect the validity of the remaining
portions thereof.
Section 4:
The development approvals granted herein shall constitute a site-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: 135 E. Cooper 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 regular meeting on the 12th day of
September, 2018.
Approved as to form: Approved as to content:
Andrea Bryan, Assistant City Attorney Gretc Greenw air
,-Alest:
h- ""-n -
Nicole Henning, De-puly City Clerk