HomeMy WebLinkAboutminutes.hpc.20090513ASPEN HISTORIC PRESERVATION COMMISSION
MINUTES OF MAY 13, 2009
Chairperson, Michael Hoffman called the meeting to order at 5:00 p.m.
Commissioners in attendance: Brian McNellis, Sarah Broughton, Ann
Mullins, Nora Berko, Jay Maytin.
Staff present: Jim True, Special Counsel
Amy Guthrie, Preservation Officer
Sara Adams, Historic Preservation Planner
Kathy Strickland, Chief Deputy City Clerk
Toni Kronberg pointed out that tourist inquire about the height of our
buildings in Aspen. We no longer have grass in Aspen. Toni discussed the
fire station and the height difference. Toni pointed out how much view we
have lost in Aspen with the LaCocina and Galena and Main buildings.
People are gravitating to the Rio Grande Park and the Wienerstube.
Brian said he has a concern with the fire house. He approved the fire house
based on the relationship of the building with the Isis and the representations
that were given to us in the packet. Amy said the error is 18 inches.
Jay said when we see a streetscape for core projects the renderings and
drawings should be approved by staff and signed off indicating that they are
correct. Jay said a lot of his decisions are based on the integrity of the
drawings.
Sarah will recuse herself on the Wheeler because her firm, Rowland
Broughton Architecture are the local architects for the project.
Wheeler Opera House work session
Sara pointed out that the meeting tonight is about programming.
Gram Slaton did a power point on how the wheeler works as a building.
Michael Farewell/Michael Schnoering went over the elevations.
219 S. Third Street -Historic Landmark Designation, Lot Split,
Conceptual Development FAR bonus, Variances
ASPEN HISTORIC PRESERVATION COMMISSION
MINUTES OF MAY 13, 2009
Amy: This is the first application for a voluntary designation. Designation,
lot split and variances are being discussed tonight.
Step one is historic designation. It is a lot that is accessed from an alley.
There is no curb cut on the street. The duplex was built in 1965 and is
divided down the middle with a little door on each side. There are no
records of alternations. The interior is remarkable intact. This property is
termed a modern chalet. There are about 11 buildings of the Modern style
chalet in town that are an evolution from the more flat roof tendency to a
shallow pitched roof. In Aspen Modern chalet is related to our Classic
Chalet in their roof pitch and plan form, overhangs and decks. The
difference is that Modern Chalets don't have the decorative details and they
tend to have more glazing. Staff recommends that this house does meet
criteria C. This neighborhood is a microcosm of the Post War styles that we
have been talking about and the Victorian. It is a good example how the two
eras are meshing together with the St. Moritz etc. In a small area you have a
great display of Aspen's architectural history. Staff has not supplied a
scoring system or context paper. Having a scoring system is not required
when applying designation standards.
Historic landmark lot split. The lot split program has been in existence since
1995 or so. The lot is 9,942 square feet. When you are doing a lot split on
the newly created lot the house has to mitigate for affordable housing or pay
cash-in-lieu. The applicant is asking Council to waive that.
Proposed density. The applicant is permitted to have a duplex and single
family. When the lot split occurs there is an allocation of the FAR. The
fathering parcel, the 1500 square foot chalet would have 1,100 additional
square feet added on and 2,400 square feet would go on the vacant lot.
The way the number was arrived at is that the applicant is asking for the 500
square foot bonus and they are asking Council fora 493 square foot bonus.
If the property was not landmarked and the building scraped and we had all
new development the applicant has the opportunity to achieve approximately
5400 square feet of total FAR by building a single family or duplex and by
accessing a program for carriage houses where you build a deed restricted
unit for sale that is not counted in the FAR and would be 1200 square feet
and you the get a 600 square foot FAR bonus. 5452 square feet is the most
square feet that anyone could build on this site. The applicant's scenario is
400 square feet less than that. The lot split is strongly supported because it
adds less onto the historic resource and transfers the rest of the square
footage into a separate mass.
2
ASPEN HISTORIC PRESERVATION COMMISSION
MINUTES OF MAY 13, 2009
Conceptual review is for the historic house. The addition is back up against
the car port. The height and roof line is sympathetic and the rear of the
facade is left intact. One of the existing doors of the duplex will be the
primary entry.
Far bonus -Amy relayed that the applicant is requesting the fu11500 square
foot bonus. Staff feels that it is warranted because there are very few
alterations. The applicant has some plans for refurbishing the building;
adding some glass which will be addressed at final.
Amy also said setback variances are being requested. This particular home
is oriented toward the alley. The front yard setback is 25 feet. The car port
is two feet too close to the side yard setback and the applicant is requesting
to extend the basement to the rear lot line and have a patio above which
requires a variance.
Council is being asked to grant variances on the vacant lot, the front yard
and interior side yard setback. The existing building needs a variance from
the building orientation standard because the front of the building should
face the street but this is an existing condition and the variance is needed in
order to preserve the house. With regard to vested rights instead of three
years the applicant is asking for ten years.
Suzanne Foster, owner: Changes have occurred over the months through
staff and neighbors comments. The lot line has been redrawn so no
variances are needed. This resulted in a smaller building envelope for the
single family and an expansion of two feet between the carport and the
proposed garage. There is 19 feet between the existing building and the
garage and instead often feet between the new addition and the garage there
is twelve feet. We are actually giving a wider opening. It is our hope to
convert the duplex to a single family this summer. We will take the top
floor and open it up to the single family. There is some concern about over
burdening the historic resource with square footage. We are asking 2,400
square feet of far on a 3,985 square foot lot. We are also asking for 2,625
square feet for the duplex which is on a 6,000 square foot lot. Under the
scenario we are not over burdening the site. We are actually building less
than other parcels in the area. Our plan calls for 2 single family homes, 4
cars, two families and six bedrooms. The duplex carriage house scenario
3
ASPEN HISTORIC PRESERVATION COMMISSION
MINUTES OF MAY 13, 2009
creates five to six cars and 12 bedrooms. We understand that the view
planes are concerns to our neighbors. The 1 `/z story addition to the duplex
helps preserve the view. The front yard orientation for the new structure
would be on S. Third Street with a ten foot setback along the length of the
alley. Suzanne discussed the changes on the model.
Michael stepped down.
Sarah chaired.
Jay said the applicant is asking fora 16 '/z foot variance for the front yard
setback in which a 25 foot is required.
Nora said the 1,100 square foot addition reads higher than the Chalet.
Suzanne said it is not proposed to be any higher and we can shorten the
overhang which would lower the height.
Vice-chair Sarah Broughton opened the public hearing.
Junee Kirk- I serve on the preservation task force. In California they are
preserving modern chalet entire neighborhoods but here in Aspen we cherry
pick them. The majority of the task force voted down modern chalets.
Basically this town is a Victorian town and founded on mining houses and
the surrounding open space. We are very split on the modern chalet. There
is concern on the incentives given to preserve the moderns that are violating
the land use codes and the integrity of the neighborhood.
Amy pointed out that there are no final recommendations because this is a
work in progress. The subcommittee criteria voted in favor that there are
examples of modern chalets.
Michael Behrendt: criteria committee. A letter from Terese David was
submitted and the notable part is that they are not objecting to the Foster's
proposed addition. They are objecting to the lot split. As a neighbor of 40
years this house has lived at the rear. The proposed patio toward the berm
should be looked at. The task force has not yet defined the modern chalet
and there is no criteria. I worry that you use this as your first defining
product.
Ann pointed out that Modern Chalet has not gone before the entire Task
force to make a determination.
4
MINUTES OF MAY 13, 2009
Amy said the criteria committee took a vote with the majority saying
Modem Chalet is a style worth recognition and discussion and there are
examples worth preserving.
Suzanne said there is a Midland right-of--way and we can't build anything on
it but we can landscape it. There is 17 feet and 25 feet that are under our
landscaping control which HPC should take into consideration.
Jake Vickery said he represents the Young's and a couple of other owners.
Jake said he made a rating sheet. He scored the house 48 out of a 100. A
landmark should be 75. 219 S. third does not qualify to be a landmark.
Maybe they can earn it by doing a great addition.
Jake said they feel the proposed lot split doesn't need any variances.
Anything bigger than the historic house we cannot support the variances. We
don't' see how the site can accommodate the 493 square foot bonus they are
requesting of council. TDR's would be better used for the property.
Ann said at the council meeting it was referred back to HPC for their
comments.
Jake said he feels the design was done originally for a sloping area with a
walkout basement. The existing house has no relationship to the street.
Jake went over different designs of Modern Chalet houses. In the R15 zone
they are generally required to have a lot of space around the houses. The
only way it makes it as a lot is because it has alley access. We also support
not having the variances for the front yard.
Paul Young, neighbor for 15 years at 413 W. Hopkins. David Bentley and
myself are the neighbors mostly impacted. We oppose the lot split and
oppose that 219 S. Third is an exemplary property and we oppose the west
side variances and the 500 square foot bonus. The parking on the survey for
219 S third is illegal since it encroaches into the alleyway. I have filled out
complaints to the police and parking to no avail. The duplex is on a non-
conforming lot and does not have room for additional cars and snow
removal. Snow removal at times is not accomplished because it is a dead
end alley with illegal parking. Trash containers are not at the site. In
summary there is a necessity of two way traffic which creates a double
burden on the alley. The proposed lot split with an alley entrance only
5
AVa ~~.
MINUTES OF MAY 13, 2009
would create over crowed, over density and over development. The owner
wants to split in order to create and sell a free market lot. The applicant is
asking for about 1,000 square feet above what is allowed without landmark
designation since the ADU and carriage house are not being proposed at this
time. The deck has been doubled in size which disqualifies the property for
designation. The lack of adopted guidelines and criteria by HPC task force
should support postponement or non-approval. I struggle with Aspen's real
intentions and if interior floor plans are really applicable to this application
having two projects within a half a block from our home abandoned and
behind chained link fence makes me very skeptical. A lot split should not be
recommended and I urge HPC to air on the side of caution.
Sarah said the alley accesses the Young's property, David Bentley's and 217
and 219 S. Third Street. Sarah asked if variances were granted for the
Young's property.
Angela Young said there were no variances granted.
Susan Foster said the Young's house is 3600 square feet of FAR and they
received a variance for a window but no side yard variances.
Jody Edwards, attorney representing the Young's. We are talking about
some valuable development rights that are being sought in exchange for
keeping this house. These request include exemptions,variances and FAR
bonuses. At the Jan. 28`h hearing another Modern chalet which had
characteristics as this one was found not to be worthy of proceeding through
the negotiation process. The next item was the current house and HPC
found that it was worthy of protection. Since they were so similar it
appeared that it was for no particular reason in relating to features but
because the applicant here seeks a voluntary designation and the other
applicant did not want his property designated. There should not be too
different standards. In this case the applicant is requesting 493 square feet
as an economic incentive. This is not allowed by the land use code or
applicable law. While the council has flexibility to grant waivers of fees and
other monitory type charges which are real economic incentives additional
floor area is not provided for in the code and therefore is a defacto rezoning
if HPC recommends it and council grants an additiona1493 square feet of
floor area without going through a rezoning process. Staff and the applicant
rationalize the extra 993 square feet of floor area bonus by arguing that the
applicant can build more floor area without the historic designation.
6
~,,,..... ____ _ _ - 2009
MINUTES OF MAY 13,
Without her land marking her alternative is to build the maximum floor area
free market square footage that is available in the R-15 plus the 1200 square
foot carriage house which is a for sale affordable housing unit and obtain a
600 square foot floor area bonus for that. While this may total up to more
floor area at least the community gets something. If that is the outcome, that
is OK with my clients. If they are going to have their views blocked with
this overly congested alley that is only going to get worse there might as
well be some tangible community benefit such as a deed restricted for sale
affordable housing unit. The landmark designation proposal generates
nothing but free market square footage and the non historical alternative
generates a significant amount of affordable housing. There are real
tradeoffs here. If you feel this property is worthy of landmark designation
we will get almost the same square footage but no affordable housing. The
applicant has also asked for a waiver of the $172,000 worth of affordable
housing fees. What sacrifices should the neighbors and public at large
should be expected to endure when additional development is allowed to
protect a marginally historic building. If you feel this is a marginal property
then please don't support the request for landmark designation. If you feel it
is worth designation please be careful and fragile with the benefits that
would be bestowed on this property. The project as proposed will have
negative impacts on the neighbors and we request that you deny it.
Angela Young said in the absence of context papers we request that the
project be denied.
Vice-chair Sarah Broughton closed the public hearing.
Commissioner comments
Amy: In terms of the benefits HPC really did not support any of the
benefits. You were undetermined on the front yard setback and you thought
the residential design standards should be held off until a design was
presented.
Ann pointed out that this is a very important style to preserve and there are
not that many left in town. You don't just preserve the best. It is a newer
Aspen and it is a style common in the ski areas. This is a good
neighborhood. All the small scale houses sit very well on their lots. The lot
split would be more beneficial to the neighborhood.
7
~,,,..... ____ _ - - 2009
MINUTES OF MAY 13,
Jay said there is no doubt that this house is part of Aspen's History. Waters
Ave. was built by skiers that came here and that is how this town came
about. Staff said this house is almost in its original condition and is worth
preserving.
Nora said she cannot separate the building from the incentives. The
neighborhood has different houses from different eras. A neighborhood is
about employees as well as homeowners. I can support the lot split and
designation without the incentives.
Brian said this is not a shining example of Modern Chalet but it is also
identified as an historic era in the history of Aspen. It is indicative of an era.
Maybe this is something that needs to be preserved due to the eclectic style
of the neighborhood.
Sara said we have an applicant that is willing to designate and we should
take that seriously. I can agree on the lot split but not all of the incentives.
Sarah said HPC is concerned about the south portion of the lot and its
relationship to the right-of--way. Sarah said we can make a motion for
council and give direction to Suzanne on the design.
MOTION: Sarah made the motion to go forward with the following
recommendation to City Council from HPC as it pertains to the historic
designation of 219 and 217 S. Third Street.
HPC is in favor of the 500 square foot bonus and recommends designation
of the property and also recommends a lot split. The following incentives
were discussed at length and recommendations.
Grant the 500 square foot bonus to the overall project.
Recommend that the existing structure receive setbacks and waivers from
the residential design standards so that the existing structure is conforming.
We do not recommend a 493 square foot additional FAR bonus. We are
split on the setback variances for the lot split for lot 2. HPC recommends
that there should be affordable housing mitigation for lot 2. HPC does not
recommend an extension of vested rights. HPC recommends that a
residential design variance for lot 2 be determined at conceptual review for a
structure for lot 2. HPC does not recommend any setbacks for lot 1 at this
time; however is willing to look at setbacks in the concepeualArenvli yes~Jaye
addition of lot 1. Motion second by Ann. Vote: Nora, y >
yes, Brian, yes, Sarah, yes. Motion carried 5-0.
8
MINUTES OF MAY 13.2009
Sarah requested full size drawings for the next meeting.
HPC gave comments to the applicant on the model and recommended
changes.
MOTION: Sarah moved to continue 219 S. Third to May 27`h; second by
Nora. All in favor, motion carried.
MOTION: Sarah moved to adjourn; second by Jay. All in favor, motion
carried.
Meeting adjourned at 10:00 p.m.
,~~~2~C'i~. ~c Ltif~~~~'
Kathleen J. Strickland, Chief Deputy City Clerk