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Home My WebLink Aboutresolution.hpc.014-2018 RECEPTION#: 650782, R: $28.00, D: $0.00 RESOLUTION #74 DOC CODE: RESOLUTION Pg 1 of 4, 10/01/2018 at 02:58:05 PM (SERIES OF 2018) Janice K.Vos Caudill, Pitkin County, CO A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC) GRANTING FINAL MAJOR DEVELOPMENT FOR THE PROPERTY LOCATED AT 533 WEST HALLAM STREET, LOTS A & B, BLOCK 29, CITY AND TOWNSITE OF ASPEN, COLORADO PARCEL ID: 2735-124-32-001 WHEREAS, the applicant, Duncan Skihaus, LLC, represented by BendonAdams, LLC., has requested HPC approval for Final Major Development, Demolition for the property located at 533 West Hallam Street, Lots A & B, Block 29, 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.4.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 WHEREAS, HPC reviewed the project on September 12, 2018. HPC considered the application, the staff memo and public comments, and found the proposal consistent with the review standards and granted approval with conditions by a vote of 6 to o. NOW, THEREFORE, BE IT RESOLVED BY THE HISTORIC PRESERVATION COMMISSION (HPC) OF THE CITY OF ASPEN, COLORADO THAT: Section 1: Final Major Development Review Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Historic Preservation Commission hereby grants Final Major Development approval for the project as presented to HPC on September 12, 2018, with the following conditions: 1. Coordinate with the Parks Department to determine what is allowed in the dripline of the trees. 2. Provide an updated landscape plan for review and approval by staff and monitor prior to installation. 3. Provide a preservation plan detailing the proposed treatment of all existing and HPC Resolution #14, Series of 2018 Page 1 of 4 missing materials and features, for review and approval by staff and monitor, prior to building permit. 4. Provide elevations and roof plans indicating the location of all exterior vents, flues, meters and downspouts for review and approval by staff and monitor, prior to building permit. 5. Provide a site plan that clarifies the steps and identifies the materials of the walkways. 6. Provide an elevation drawing that identifies the materials selected for flashing, porch decking, porch step and new foundation. 7. Reduce the number of light fixtures on the north elevation. 8. Provide cut sheets for new replacement windows. 9. Clarify proposed location for relocated historic door. io. Clarify the final depth of the basement, including the crawlspace, and update the floor area calculations to accurately represent the crawlspace. 11. If changes are required to the proposed stormwater plan, provide a solution that does not compromise HPC's initial concern of visual impact to the foreground of the historic resource. Section 2: Conceptual Major Development Review The following benefits were granted to the project as depicted in the application at Conceptual approval, through HPC Resolution # 4, Series of 2oi8. 1. HPC hereby grants the following dimensional variations: a. A 3'-0" reduction of the rear yard setback for the garage. b. A 8'-o" reduction of the rear yard setback for the above grade building, lightwells, basement, and outbuilding. C. A 1'-9" reduction of the west side yard setback to allow for the historic outbuilding. d. A 2'-o" reduction of the east side yard setback to allow for the lightwells. e. A 8'-9" reduction of the combined side yard setback to allow for the historic outbuilding and lightwells. 2. HPC hereby grants a 500 sq. ft Floor Area Bonus. Section 3: 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 Commission 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 4: Existing Litigation 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. HPC Resolution #14, Series of 2018 Page 2 of 4 Section 5:Severability 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 6: Vested Rights 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 18o 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: 533 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. FINALLY,adopted, passed and approved this 12" day of September, 2018. HPC Resolution #14, Series of 2018 Page 3 of 4 Approved as to Form: Approved as to Content: Andrea Bryan, Assistant City Attorney Gretn Greenwood, Chair ATTEST: I Nicole Henning, Deputy C4iClerk HPC Resolution #14, Series of 2018 Page 4 of 4