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Home My WebLink Aboutresolution.hpc.018-2018 i 111111 11111 11111 11111 11111 11111 11111 ilii ii i iii 11111 11111 11111 1111111 ii ilii RECEPTION#: 652812, R: $23.00, D: $0.00 DOC CODE: RESOLUTION Pg 1 of 3, 12/20/2018 at 02:38:02 PM Janice K. Vos Caudill, Pitkin County, CO RESOLUTION #18,SERIES OF 2018 A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC) GRANTING MINOR DEVELOPMENT REVIEW AND SETBACK VARIATIONS FOR THE PROPERTY LOCATED AT 211 WEST MAIN STREET, LOT F AND 15 FEET OF LOT G, BLOCK 52, CITY AND TOWNSITE OF ASPEN, COLORADO PARCEL ID: 2735-124-54-002 WHEREAS, the applicant, 211 West Main Street LLC, Jim Kennard, Manager, represented by BendonAdams, has requested HPC approval for Minor Development and Setback Variation for the property located at 211 West Main Street, Lot F and 15 feet of Lot G, Block 52, City and Townsite of Aspen, Colorado; 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 approval of Minor Development Review, the application shall meet the requirements of Aspen Municipal Code Section 26.415.070.C, Minor Development involving a designated historic property or property within a historic district; and WHEREAS, for approval of Setback Variations, the application shall meet the requirements of Aspen Municipal Code Section 26.415.110.C, Setback Variations; and WHEREAS, HPC reviewed the project on November 28, 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 five to zero (5 to O) vote. NOW, THEREFORE, BE IT RESOLVED: That HPC hereby approves Minor Development and Setback Variations for 211 West Main Street, Lot F and 15 feet of Lot G, Block 52, City and Townsite of Aspen, CO with the following conditions: Section 1: Minor Development Review and Setback Variations HPC hereby approves minor development as proposed with the pitched roof option for the non- historic additions, a new breezeway and setback variations of O' feet for the side (east) and rear (south) setbacks for the new carport with the following conditions for approval: 1) Restudy the width for the new clapboard siding on the non-historic additions, which will be reviewed and approved by HP staff and monitor in the field, during construction, after viewing a mockup of possible siding widths. HPC Resolution #18, Series of 2018 Page 1 of 3 2) Provide more detail on the building eave (fascia) for the non-historic addition that is located east of the landmark, to be reviewed and approved by HP staff and monitor prior to building permit submission. The height of the fascia may need to be reduced if determined by staff and monitor to be out of scale with the landmark. 3) Restudy the lighting fixture attached to the rear of the landmark, to be reviewed and approved by HP staff and monitor prior to building permit submission. 4) HPC recommends the applicant work with the Parks Department to explore options for tree removal and exemption from mitigation at the front of the property due to the possible damage that may incur to the historic landmark. Section 2: Material Representations 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 Community Development Department, the Historic Preservation Commission, or the Aspen City Council 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 3: 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. Section 4: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 5! 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 HPC Resolution #18, Series of 2018 Page 2 of 3 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: 211 West Main 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 26.304.07o(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 regular meeting on the 28th day of November, 2018. ApprJved o Form: Approved as to Cont nt: ndrea Bryan, Assistant City Attorney Gretc Greenwood, Chair TTEST: Nicole Henning, Deputy ity Clerk HPC Resolution #18, Series of 2018 Page 3of3 AL t� f' � �f. .,�� AK��y(■.�y� .x. _^'�'� x r .rel ��7 A iR4 r �ri. fi. �. - t .i. ""4a ' 'j'. 4 Ir■ ' R14. ; �' ��Fr'�`�yr, Ti S:.j` ' � a° Y "■ "tk.• .iOf ••R _JIB 1 .16 i. .IJ;r ti•�w •: r . ��''��'7 Iii; ,�.4 ',,.%,' . r a •� a aR' """�� y .�'-1J r'{. `r .. �a r r �` ,} � +�•� ��r"'Y 1' l■k A er. . irk '•'i. •a ��•.. L'• _� w �. reK7'7.,+ le �... 41 yid, 'fir t �, rH olm ONI IT iAl 4 $ rqf -46 bp �:. i is jo rr I �.• :V;, - �. y},�:.. X ~ tom 1' ,p`„ y� .: C_ i r-e ♦ "•1. .J. t � al sS •'�' � � IIS �1ia 1,1 t - -� �,�y�- . 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