HomeMy WebLinkAboutresolution.hpc.019-2011 A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC)
GRANTING MAJOR DEVELOPMENT (FINAL), CONDITIONAL USE AND
VARIANCES APPROVAL FOR THE PROPERTY LOCATED AT 205 S. SPRING
STREET, LOTS H & I, BLOCK 99, CITY AND TOWNSITE OF ASPEN, COUNTY OF
PITKIN, STATE OF COLORADO
RESOLUTION #19, SERIES OF 2011
PARCEL ID: 2737 - 182 -12 -002
WHEREAS, the applicant, 635 E. Hopkins, LLC, represented by Oz Architecture and Haas
Land Planning, has requested HPC Major Development (Final), Conditional Use and Variance
approval for the property located at 205 S. Spring Street, Lots H & I, Block 99, City and
Townsite of Aspen, County of Pitkin, State of Colorado; 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 Final 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, the HPC may approve setback variances according to Section 26.415.110.C.1.a,
Variances. In granting a variance, the HPC must make a finding that such a variance:
a. Is similar to the pattern, features and character 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, the HPC may approve variances to the Residential Design Standard Variances
according to Section 26.410.020(D)(2).. HPC must make a finding that a variance:
a) Provide an appropriate design or pattern of development considering the context in which
the development is proposed and purpose of the particular standard. In evaluating the
context as it is used in the criteria, the reviewing board may consider the relationship of
the proposed development with adjacent structures, the immediate neighborhood setting,
205 S. Spring Street
RECEPTION #: 585434, 12/28/2011 at H PC Resolution #19, Series of 2011
03:52:18 PM,
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Janice K. Vos Caudill, Pitkin County, CO
or a broader vicinity as the board feels 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, HPC may grant parking variances based on the review standards of Section
26.415.110.C; and
WHEREAS, Conditional Use approval may be granted upon a finding that the criteria of Section
26.425.040 are met; and
WHEREAS, Amy Guthrie, in her staff report to HPC dated December 14, 2011, 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 December 14, 2011, the Historic Preservation
Commission considered the application, the staff memo and public comments, and found the
proposal consistent with the review standards and recommended approval with conditions by a
vote of 5 to 0.
NOW, THEREFORE, BE IT RESOLVED:
That HPC hereby grants HPC Major Development (Final), Conditional Use and Variances for the
property located at 205 S. Spring Street with the following conditions:
1. The following variances were approved at Conceptual: a 500 square foot FAR bonus, a 7'
reduction in the front yard (Hopkins) setback, a 5' reduction in the combined sideyard
setback and a waiver of the Residential Design Standards for "Street oriented entrance
and principal window."
2. The following variances are approved at Final: an 8' reduction in the rear yard setback for
the new structure as represented on the approved site plan, a waiver of one on -site
parking space for each of the 2 residential units and a waiver of the Residential Design
Standards for "Windows."
3. Conditional Use for a duplex is approved.
4. Revise the restoration plans to accurately restore windows, doors and the chimney on the
Victorian for staff and monitor review.
5. The amendments to materials and windows as represented on Sheet H -7, submitted at the
hearing as Exhibit II are approved.
6. Provide a final set of drawings to eliminate minor inconsistencies in the elevations, for
review and approval by staff and monitor.
7. Provide a final landscape plan to simplify the design, restudy the fencing and eliminate
minor inconsistencies between Sheets 11-2, H -4, and the Conceptual landscape plan, for
review and approval by staff and monitor.
8. A report from a licensed engineer or architect demonstrating that the house and shed can
be moved must be submitted with the building permit application.
205 S. Spring Street
HPC Resolution #19, Series of 2011
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9. A bond, letter of credit or cashier's check in the amount of $15,000 to insure the safe
relocation of the house and shed must be submitted with the building permit application.
10. 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: 205 5. Spring Street,
Lots H & I, Block 99, City and Townsite of Aspen, County of Pitkin, State of
Colorado.
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 regular meeting on the 14th day of December,
2011.
Ann Mullins, Vice -Cha r
205 S. Spring Street
HPC Resolution #19, Series of 2011
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Approved as to Form:
• True, Special Counsel
ATTEST:
Kathy Stric .1 and, Chief Deputy Cler
205 S. Spring Street
HPC Resolution #19, Series of 2011
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