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Home My WebLink Aboutresolution.hpc.015-2010 RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC) APPROVING A SUBSTANTIAL AMENDMENT TO A DEVELOPMENT ORDER AND RELOCATION OF THE GARAGE FOR THE PROPERTY LOCATED AT 920 WEST HALLAM STREET, ASPEN HISTORIC COTTAGES, UNIT B -1 AS SHOWN ON THE COMMON INTEREST PLANNED COMMUNITY PLAT FOR LOT B, BLOCK 4, CITY AND TOWNSITE OF ASPEN, COLORADO RESOLUTION NO. 15, SERIES OF 2010 PARCEL ID: 2735- 123 -18 -002 WHEREAS, the applicants, Chris Bendon and Sheri Sanzone, represented by Gilbert Sanchez, have requested a Substantial Amendment to a Development Order and Relocation of the garage for the property located at 920 W. Hallam Street, legally known as Unit B -1, as shown on the Common Interest Planned Community Plat for Lot B, Aspen Historic Cottages; 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, at their regular meeting on February 8, 2006, the HPC considered an application for Minor Development, a rear yard setback Variance and Relocation, found the application was consistent with the review standards and the City of Aspen Historic Preservation Design Guidelines, and approved Resolution No. 2 of 2006 granting Minor Development approval, Temporary Relocation of the garage, and a zero foot rear yard setback Variance for a basement underneath the garage by a vote of 4 — 0; and WHEREAS, Section 26.415.070.E.2 of the Municipal Code states that " all changes to approved plans that materially modify the location, size, shape, materials, design, detailing or appearance of the building elements as originally depicted must be approved by the HPC as a substantial amendment; and WHEREAS, the HPC will review the application, the staff analysis report and the evidence presented at the hearing to determine the project's conformance with the City of Aspen Historic Preservation Design Guidelines. 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, in order to approve relocation, according to Section 26.415.090.C, Relocation of a Designated Property, it must be determined that: 1. It is considered a non - contributing element of a historic district and its relocation will not affect the character of the historic district; or RECEPTION #: 575895, 12/15/2010 at 10:02:21 AM, 1 OF 5, R $31.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO 2. It does not contribute to the overall character of the historic district or parcel on which it is located and its relocation will not have an adverse impact on the historic district or property; or 3. The owner has obtained a Certificate of Economic Hardship; or 4. The relocation activity is demonstrated to be an acceptable preservation method given the character and integrity of the building, structure or object and its move will not adversely affect the integrity of the historic district in which it was originally located or diminish the historic, architectural or aesthetic relationships of adjacent designated properties; and Additionally, for approval to relocate all of the following criteria must be met: 1. It has been determined that the building, structure or object is capable of withstanding the physical impacts of relocation; and 2. An appropriate receiving site has been identified; and 3. An acceptable plan has been submitted providing for the safe relocation, repair and preservation of the building, structure or object including the provision of the necessary financial security; and WHEREAS, Sara Adams, in her staff report dated December 8, 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, at their regular meeting on December 8, 2010, the Historic Preservation Commission considered the application, found the application was consistent with the review standards and "City of Aspen Historic Preservation Design Guidelines" and approved the application by a vote of six to zero (6 - 0). NOW, THEREFORE, BE IT RESOLVED: HPC grants approval for a Substantial Amendment to Resolution No. 2, Series of 2006 and Relocation for the property located at 920 West Hallam Street, Unit B -1, as shown on the Common Interest Planned Community Plat for Lot B, Aspen Historic Cottages, with the following conditions: 1. The reconfigured breezeway is approved to be below the ridge and eave of the garage, as represented in the application. 2. Reconstruction of the rear stairway and railing to match existing is approved. 3. Elimination of the at -grade skylight is approved. 4. Relocation of the garage to the 5' rear yard setback boundary, as represented in the application is granted. 5. A report from a licensed engineer or architect demonstrating that the building (garage) can be moved must be submitted with the building permit application. 6. A bond or letter of credit in the amount of $15,000 to insure the safe relocation of the structure must be submitted with the building permit application. 7. A relocation plan detailing how and where the buildings will be stored and protected during construction must be submitted with the building permit application if relocation is necessary. 8. The approval and conditions granted pursuant to HPC Resolution No. 2, Series of 2006 are valid, with the exception of the amendments specified herein. 9. The 0' rear yard setback variance for the basement beneath the garage granted pursuant to HPC Resolution No. 2, Series of 2006 remains valid. 10. There shall be no deviations from the exterior elevations as approved without first being reviewed and approved by HPC staff and monitor, or the full board. 11. 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: 920 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. [signatures on following page] APPROVED BY THE COMMISSION at its regular meeting on the 8th day of December, 2010. HISTORI PRESERVATION COMMISSION Sarah Br ghton, Chair Approved as to Form: Cv— lim True, City Attorney ATTEST: achy Strt'c land, Chief Deputy Clerk Exhibit A: Approved Site Plan ydti bif +' 7 t o � �So i 2oto 00 Rock 10' Alley Landscaping `ew Curb _ O U ' Concrete 1 PProperly floe m - I Driveway _ 5 �� VD -- -- — _ r - - -J -_. Rear Yard Setback for Garage t] 51— t __- -pre ed Basement 1 1 Basement Llghtwell 1-5'-- 7 N proposed 1---II Basement N Constmoyon < lo � Below Existing 2 a I Garage 8 Below ' 1 Grade a 0 Existing rT l l m RaofS C F8 n4° ng - w O lobe Rebell I M d is 1 Roof Slopes to __ ----, J �'��11�� Modified 1 1 Match Existing y [ . ' , � 16 Garage — a.` ! W O F. td �� I D m CD Cii Ur C CP vn v IA I _ o t` j = )isi 4: l ■ 0 0 - — W CO mt Yard 7 Fr / H N 2„ / TT ^^ O vl a , k b o 0 o o N C:71 tu al CO Cti Hallam Street o N rT ® SITE PLAN O rJ d PROPOSED N II p n 0