HomeMy WebLinkAboutresolution.hpc.015-2009A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC)
SUPPORTING CITY COUNCIL APPROVAL OF HISTORIC LANDMARK
DESIGNATION AND HISTORIC LANDMARK LOT SPLIT AND GRANTING MAJOR
DEVELOPMENT (CONCEPTUAL) APPROVAL, FAR BONUS, SETBACK
VARIANCES, AND RESIDENTIAL DESIGN STANDARDS VARIANCES FOR THE
PROPERTY LOCATED AT 219 S. THIRD STREET, PORTIONS OF LOTS O-S,
BLOCK 39, CITY AND TOWNSITE OF ASPEN, COLORADO
RESOLUTION #15, SERIES OF 2009
PARCEL ID: 2735-124-65-005
WHEREAS, the applicant, YLP West, LLC, represented by Suzanne Foster, has requested
Historic Landmark Designation, Historic Landmark Lot Split, Major Development (Conceptual),
FAR Bonus, Setback Vaziances, Residential Design Standards Vaziances for the property located
at 219 S. Third Street, portions of Lots O-S, Block 39, City and Townsite of Aspen, Colorado
(legal description attached as Exhibit A); and
WHEREAS, the property is included on Exhibit A to Ordinance No. 48, Series of 2007, as a
potential historic resource; and
WHEREAS, Section 26.415.050 of the Aspen Municipal Code establishes the process for
Designation and states that an application for listing on the Aspen Inventory of Historic
Landmark Sites and Structures shall be approved if City Council, after a recommendation from
HPC, determines sufficient evidence exists that the property meets the criteria; and
WHEREAS, in order to complete a Historic Landmark Lot Split, the applicant shall meet the
following requirements of Aspen Municipal Code: Section 26.480.030(A)(2) and (4), Section
26.470.070(C), and Section 26.415.010(D.), which are as follows:
26.480.030(A)(2), Subdivision Exemptions, Lot Split
The split of a lot for the purpose of the development of one detached single-family dwelling on a
lot formed by a lot split granted subsequent to November 14, 1977, where all of the following
conditions are met:
a) The land is not located in a subdivision approved by either the Pitkin County
Board of County Commissioners or the City Council, or the land is described as
a metes and bounds parcel which has not been subdivided after the adoption of
subdivision regulations by the City of Aspen on March 24, 1969; and
b) No more than two (2) lots are created by the lot split, both lots conform to the
requirements of the underlying zone district. Any lot for which development is
proposed will mitigate for affordable housing pursuant to Section
26.100.040(A)(1)(c).
RECEPTION#: 560260, 06126!2009 at 219 S. Third Street
10:43:07 AM, HPC Resolution #~'~ Series of 2009
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Janice K. Vos Caudill, Pitkin County, CO
c) The lot under consideration, or any part thereof, was not previously the subject
of a subdivision exemption under the provisions of this chapter or a "lot split"
exemption pursuant to Section 26.100.040(C)(1)(a); and
d) A subdivision plat which meets the terms of this chapter, and conforms to the
requirements of this title, is submitted and recorded in the office of the Pitkin
County clerk and recorder after approval, indicating that no further subdivision
may be granted for these lots nor will additional units be built without receipt of
applicable approvals pursuant to this chapter and growth management
allocation pursuant to Chapter 26.100.
e) Recordation. The subdivision exemption agreement and plat shall be recorded
in the office of the Pitkin County clerk and recorder. Failure on the part of the
applicant to record the plat within one hundred eighty (180) days following
approval by the City Council shall render the plat invalid and reconsideration of
the plat by the City Council will be required for a showing of good cause.
f) In the case where an existing single-family dwelling occupies a site which is
eligible for a lot split, the dwelling need not be demolished prior to application
for a lot split.
g) Maximum potential buildout for the two (2) parcels created by a lot split shall
not exceed three (3) units, which may be composed of a duplex and asingle-
family home; and
26 480 030(A)(4) Subdivision Exemptions Historic Landmark Lot Split
The split of a lot that is listed on the Aspen Inventory of Historic Landmark Sites and Structures
for the development of one new single-family dwelling may receive a subdivision exemption if it
meets the following standards:
a. The original parcel shall be a minimum of six thousand (6,000) square
feet in size and be located in the R-6, R-15, R-15A, RMF, or MU (formerly O) zone district.
b. The total FAR for both residences shall be established by the size of
the parcel and the zone district where the property is located. The total FAR for each lot
shall be noted on the Subdivision Exemption Plat.
In the Mixed Use (formerly Office) zone district, the following shall apply to the calculation
of maximum floor area for lots created through the historic landmark lot split. Note that
the total FAR shall not be stated on the Subdivision Exemption Plat because the floor area
will be affected by the use established on the property:
If all buildings on what was the fathering parcel remain wholly residential in use, the
maximum floor area will be as stated in the R-6 zone district.
If any portion of a building on a lot created by the historic landmark lot split is in
commerciaUoffice use, then the allowed floor area for that lot shall be the floor area
allowed for all uses other than residential in the zone district. If the adjacent parcel
created by the lot split remains wholly in residential use, then the floor area on that parcel
219 S. Third Street
HPC Resolution #~~; Series of 2009
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shall be limited to the maximum allowed on a lot of its size for residential use according to
the R-6 standards.
If there is commerciaUofTice use on both newly created lots, the maximum floor area for all
uses other than residential in the zone district will be applied.
c. The proposed development meets all dimensional requirements of the
underlying zone district. The variances provided in Section 26.415.120(B)(1)(a),(b), and (c)
are only permitted on the parcels that will contains a historic structure. The FAR bonus
will be applied to the maximum FAR allowed on the original parcel; and
26 470.070(01 GMOS Exemption, Historic Landmark Lot Split
The construction of each new single-family dwelling on a lot created through review and
approval of a Historic Landmark Lot Split shall be exempt from the scoring and competition
procedures. The exemption is to be approved by the Community Development Director, but is
not to be deducted from the respective annual development allotments or from the development
ceilings; and
26.415.010(D), Historic Landmark Lot Split
A Historic Landmark Lot Split is a two step review, requiring a public hearing before HPC and
before City Council; and
WHEREAS, Section 26.415.070 of the Municipal Code states that "no building or structure
shall be erected, constructed, enlazged, 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 Conceptual 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
WHEREAS, for approval of setback variances, the HPC must review the application, a staff
analysis report and the evidence presented at a hearing to determine, per Section 26.415.110.0 of
the Municipal Code, that the setback vaziance:
a. Is similar to the pattern, features and chazacter of the historic property or district; and/or
b. Enhances or mitigates an adverse impact to the historic significance or architectural
character of the historic property, an adjoining designated historic property or historic
district; and
WHEREAS, for approval of an FAR Bonus, the HPC must review the application, a staff
analysis report and the evidence presented at a hearing to determine, per Section 26.415.110.0 of
the Municipal Code, that:
219 S. Third Street
HPC Resolution #[~ Series of 2009
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a. The design of the project meets all applicable design guidelines; and
b. The historic building is the key element of the property and the
addition is incorporated in a manner that maintains the visual integrity of the historic
building and/or
c. The work restores the existing portion of the building to its historic appearance; and/or
d. The new construction is reflective of the proportional patterns found in the historic
building's form, materials or openings; and/or
e. The construction materials are of the highest quality; and/or
f An appropriate transition defines the old and new portions of the building; and/or
g. The project retains a historic outbuilding; and/or
h. Notable historic site and landscape features aze retained; 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 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 warranted; or
b) Be clearly necessary for reasons of fairness related to unusual site-specific constraints;
and
WHEREAS, Amy Guthrie, in her staff reports to HPC dated May 13 and May 27, 2009,
performed an analysis of the application based on the standards, found that the review standards
had been met, and recommended approval with conditions; and
WHEREAS, at their regular meeting on May 13, 2009, the Historic Preservation Commission
considered the application for Historic Landmark Designation and Historic Landmazk Lot Split
and recommended Council approval. Major Development (Conceptual), FAR Bonus, Setback
Variances, and Residential Design Standazds Variances were continued to May 27th, at which
time HPC found the application was consistent with the review standazds and recommended
approval by a vote of 4 to 0. The boazd also discussed and clarified their recommendations to
Council regazding incentives being negotiated through Ordinance #48, Series of 2007.
NOW, THEREFORE, BE IT RESOLVED:
That HPC hereby recommends Council approval of Historic Landmark Designation and Historic
Landmazk Lot Split, and grants Major Development (Conceptual), FAR Bonus, Setback
Variances, and Residential Design Standards Variances for 219 S. Third Street, portions of Lots
O-S, Block 39, City and Townsite of Aspen, Colorado with the following conditions:
219 S. Third Street
HPC Resolution #~ Series of 2009
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1. HPC hereby grants a 500 square foot FAR bonus.
2. HPC hereby grants the following setback variances; a 16'6" north yard setback reduction
for the existing location of the house, a 20'6" north yard setback reduction for new
lightwells (may not be required if the lightwells are the minimum size required by
Building Code), a 2' east yard setback reduction for the east carport, a 4' west yard
setback reduction for the west carport, a 3' west yard setback reduction for the proposed
addition, and a 5' south yard setback reduction for the proposed addition.
3. HPC hereby grants waivers from the following Residential Design Standards;
216.410.040.A.1 Building Orientation and 216.410.040.D.1 Street oriented entrance and
principal window.
4. The applicant is required to restudy the roof of the new addition for Final review,
specifically in terms of HPC Guideline 10.7. The board is seeking a more distinct
connector piece between the new and old construction, and a reduction in overall height
of the addition.
With regard to Council's negotiation of incentives under Ordinance #48, Series of 2007, HPC's
recommendation, initially made on May 13`h, then amended on May 27`h, is as follows:
1. Three of four board members present on May 27`h, 2009, do not support Council granting
the 493 square foot FAR bonus. One of these three members is open to the idea of a
bonus that would allow a new structure on Lot 2 to be equal to that afforded a standazd
property of its size in the R-I S zone district.
2. Three of the four board members present on May 27`h, 2009, do support Council granting
a front yard setback vaziance as requested for the new house on Lot 2.
3. The board has a mixed opinion on the sideyazd setback vaziance requested for Lot 2, and
the Residential Design Standards vaziance requested for Lot 2. Some feel this can be
addressed during the HPC Conceptual review for Lot 2.
4. The board asked that Council be provided with their verbatim discussion of these issues.
APPROVED BY THE COMMISSION at its regular meeting on the 27th day of May, 200/9. ~
V
ichael Hoffm ,Chair
Approved as to Form:
Jim True, Special Counsel
219 S. Third Street
HPC Resolution #~Series of 2009
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ATTEST:
Kathy St and, Chief Deputy Clerk
Exhibit A:
Legal Description of 219 S. Third Street. Lots O, P, Q, R and S, Block 39, City and Townsite of
Aspen, excepting therefrom that portion of Lots O, P and Q that lies south of the northerly
boundary of a right of way described as a 17 foot strip of land being 8.5 feet on each side of a
centerline of the Colorado Midland Railway right of way and southerly 25 feet of Lot R and S as
described and show in deed and map recorded February 27, 1950 in Book 175 at Page 628.
219 S. Third Street
HPC Resolution #~, Series of 2009
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