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Home My WebLink Aboutresolution.hpc.002-2010RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC) APPROVING AN APPLICATION FOR MINOR DEVELOPMENT, COMMERICAL DESIGN REVIEW, AND VIEWPLANE REVIEW FOR THE PROPERTY LOCATED AT 525 E. COOPER AVENUE, THE EAST 22 ''/:' OF LOT C, ALL OF LOTS D, E, AND F, AND THE WEST 25' OF LOT G, BLOCK 96, CITY AND TOWNSITE OF ASPEN, COLORADO RESOLUTION NO. 2, SERIES OF 2010 PARCEL ID: 2737-182-22-002 WHEREAS, the applicant, Aspen Grove Associates, LLP, represented by Dana Eppstein, requested approval for a remodel for the Aspen Grove Building, 525 E. Cooper Avenue, the east 22 ''/2' of Lot C, all of Lots D, E, and F, and the west 25' of Lot G, Block 96, City and Townsite of Aspen, Colorado, that required Minor HPC Review, Commercial Design Review and View Plane Review approval; and WHEREAS, pursuant to Section 26.304.060(B)(1) of the Municipal Code, the Community Development Director approved a combined review to enable HPC review of the applicant's Commercial Design and Viewplane reviews with Minor Development, finding that such combination will eliminate or reduce duplication and ensure economy of time, expense and clarity; 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 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 26.415.070.0 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 Commercial Design Review, HPC must review the application, a staff analysis report and the evidence presented at a hearing to determine, per Section 26.412 of the Municipal Code, that the project conforms to the following criteria: 1. The proposed development meets the requirements of Section 26.412.060, Commercial Design Standards or any deviation from the Standards provides amore-appealing pattern of development considering the context in which the development is proposed and the purpose of the particular standard. Unique site constraints can justify a deviation from HPC Resolution No. 1, Series of 2010 525 E. Cooper Avenue Page 1 of 3 the Standazds. Compliance with Section 26.412.070, Suggested Design Elements, is not required but may be used to justify a deviation from the Standards. 2. For proposed development converting an existing structure to commercial use, the proposed development meets the requirements of Section 26.412.060, Commercial Design Standards, to the greatest extent practical. Amendments to the facade of the building may be required to comply with this section. 3. For properties listed on the Inventory of Historic Sites and Structures or located within a Historic District, the proposed development has received Conceptual Development Plan approval from the Historic Preservation Commission, pursuant to Chapter 26.415. This criterion shall not apply if the development activity does not require review by the Historic Preservation Commission; and WHEREAS, for View Plane Review the HPC must review the application, a staff analysis report and the evidence presented at a heazing to determine the project's conformance with Municipal Code Section 26.435.050, Mountain View Plane Review. 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. The HPC hereby finds that impact on the viewplane is minimal; and WHEREAS, Amy Guthrie, in her staff report dated January 13, 2010, performed an analysis of the application based on the standards, found that the review standards and the "City of Aspen Historic Preservation Design Guidelines were met, and recommended approval; and WHEREAS, during a duly noticed public heazing on January 13, 2010, the Historic Preservation Commission considered the application, found the application was consistent with the applicable review Standazds and approved the application by a vote of 4 to 3, with conditions. NOW, THEREFORE, BE IT RESOLVED: That HPC hereby approves Minor Development, Commercial Design Review, and View Plane Review for the property located at 525 E. Cooper Avenue, the east 22 ''/z' of Lot C, all of Lots D, E, and F, and the west 25' of Lot G, Block 96, City and Townsite of Aspen, Colorado, with the following conditions: 1. The project must have astreet-facing entry door into the new retail space. 2. The street-facing doorway shall not be recessed from the storefront windows. 3. The brick sill that exists below the existing storefront windows shall be included in the new addition. 4. The applicant must work with staff and HPC monitor to redesign the existing planter or otherwise ensure usable open space that encourages pedestrian use of the courtyard. 5. The applicant must work with the Engineering Department to consolidate trash from this building that is stored in the alley to the greatest extent possible. 6. 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 HPC Resolution No. 1, Series of 2010 525 E. Cooper Avenue Page 2 of 3 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: 525 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 regal mee i on a 13th ay of Janu 2010. Mi ael offman, HPC Chair Appgoved as to~For~ - Jim True, Special Counsel AT ~T: f ~_. 7CC-`2~ ~ Kathy Strict and, Chief Deputy Cler HPC Resolution No. 1, Series of 2010 525 E. Cooper Avenue Page 3 of 3