HomeMy WebLinkAboutminutes.hpc.20120111 ASPEN HISTORIC PRESERVATION COMMISSION
MINUTES OF JANUARY 11, 2012
Vice - chair, Ann Mullins called the meeting to order at 5:00 p.m.
Commissioners in attendance: Nora Berko, Willis Pember, Brian McNellis
and Jay Maytin. Jamie McLeod was excused.
Staff present:
Jim True, Special Counsel
Amy Guthrie, Historic Preservation Officer
Kathy Strickland, Chief Deputy City Clerk
Elections:
Nora nominated Ann as chair; second byWiIlis.
Jay nominated himself as chair; second by Brian.
Brian nominated himself as chair; second by Jay.
Brian said he has the longest tenure on the board and is well rounded and
understands our guidelines. He has a comfort level and is passionate about
HPC and has the knowledge of our land use.
Jay said he enjoys HPC and will continue to stay on but would like to have
the chance to sit as chair.
Ann said she is also passionate and has been on the board for 4 years. As
chair I would focus on in the next two to three years the Aspen Modern,
zoning and have the board work more efficiently and have periodic retreats.
We also need to work on work session so they are structured properly.
Secret ballot vote: Ann Mullins is the chair.
Ann nominated Jay for vice -chair second by Willis.
Secret ballot vote: Jay is vice - chair.
Jim suggested the board have a second vice chair.
Ann moved to confirm Brian as second vice chair second by Jay. All in
favor, motion carried 5 -0.
MOTION: Jay moved to approve Dec.14 minutes second by Ann. All in
favor, motion carried 5 -0.
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MOTION: Nora moved to approve the minutes of Dec. 7` second by Jay.
All in favor, motion carried 5 -0.
Jay and Brian are the monitors for 205 S. Spring.
Nora announced that Jamie was appointed chair of the Colorado West
chapter of the AIA. Congratulations Jamie!
MOTION: Jay moved to continue 217 E. Bleeker to February 8 second by
Ann. All in favor, motion carried.
119 Neale Avenue — Landmark Designation, Historic Landmark Lot
Split and Variances
Jim said the public notice has not been notarized and needs to be done
tomorrow by noon. Exhibit I. It is very important that the notice be returned
properly notarized.
Jay pointed out that if it is not notarized properly within 24 hours the
meeting would theoretically become null.
Jeff Shoaf said he will come by tomorrow to the clerk's office and get it
notarized.
Amy said HPC did a site visit in October and the property is al5,000 square
foot lot that is not designated historic and it has a single family house on it
and the log cabin. The log cabin was moved from Snowmass to the
Benedict's property out at Stillwater in the 60's and it was renovated but had
some occupancy issues and eventually was put up for auction by a later
owner. Jeff Shoaf, the applicant won the auction and moved the cabin to his
property in the 90's and went ahead with a renovation and it voluntarily
turned into an accessory dwelling. HPC gave an award of recognition even
though the building was not historic. This past fall Jeff asked for
information on designation. We have talked about a lot split and Jeff has an
interest in seeing this cabin preserved for the future whether he is the
property owner or not and without a big addition being added that would
potentially ruin the building. The proposal is to carve off a 3,000 square
foot lot for the cabin which is the smallest the lot can be for that building.
Jeff does not want to give it anymore FAR than is required to cover the size
of the building which is about 500 square feet of FAR and he is asking you
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to cover that with a bonus. Setback variances are needed for the existing
location of the cabin. This zone district has a front yard setback of 25 feet
and the cabin is 15 feet from the road. The new lot line means the historic
building is five feet from the lot line instead of ten so he needs two setback
variances, front and side. The new lot should have two parking spaces on it
and Jeff would like to provide none so he is asking for a two space waiver.
His intention is to actually allocate some parking on lot one that contains the
non - historic building which is fine but it doesn't meet the code requirement.
He is supposed to have two spaces on the historic lot and if he doesn't
provide them HPC needs to do a variance or ask him to find a spot on the
site. The Engineering Dept. said they don't actually have the right to deny a
curb cut to allow parking but they aren't happy about it due to the safety
issues coming to the crust of the Neale Ave. hill.
You are being asked to accept historic designation of the whole property and
make a recommendation to City Council on the lot split and consider the
variances and parking. We are still working on how the FAR would be
allocated on the property. He is allowed 4,800 square feet for the whole site
and normally when a lot split is done the FAR is evenly divided and he
doesn't want to do that which is great as he doesn't want any FAR added to
the cabin. If he takes all the FAR and puts it on the new house it is actually
too much for that lot. He might have to take some of the square footage and
turn it into TDR's. Staff recommends approval.
Jay clarified that we are giving the 500 square foot bonus so the cabin
conforms.
Amy said because it is an accessory dwelling unit most of it doesn't count in
floor area and when he does the lot split it becomes a free market unit and
would count. The bonus would not allow any addition just cover what he
has today.
Jeff said the upstairs is 100% FAR and that is give or take 375 square feet
and the lower level is mostly below grade.
Amy clarified the bonus. Right now Jeff is allowed 4,800 square feet for a
free market duplex on the site and he has an ADU that doesn't count in
FAR. By doing the designation and making that unit free market he has to
take out of the FAR he has for new development on the site and he would
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prefer not to and he is asking for an incentive. Cover the historic building so
that it costs him nothing in terms of square footage.
Jeff said he got a 350 square foot bonus for the ADU and I lose that and if I
get 500 from the HPC I only gain 150 square feet.
Nora asked in 1998 what was the advantage to you to deed restrict the
cabin? Jeff said it was the only way the cabin could be put on the lot.
Nora asked if there will be another ADU or are we losing one.
Jeff said this ADU had the minimum amount of restrictions which was it
couldn't be rented out short term. When the new lot is redeveloped I've
asked for an exemption from that. If my house was torn down and the cabin
stays the person redeveloping my property would not have to do an ADU.
Amy said the growth management exemptions for a landmark will not
require them to do an ADU but they could volunteer. Amy pointed out on
the new lot we are looking at no more than 4,200 square feet. It will be a
single family home.
Amy clarified that only HPC can give variances on the historic lot not the
new lot.
Jeff said the distance between the cabin and the existing house is 18 feet.
Nora asked if potentially the line could be redrawn again to accommodate a
parking space and no variance.
Amy said you can't give a variance for the side yard setback on the non -
historic house so the lot line really can't move.
Ann also asked if the lot -line could be moved further away from the historic
resource.
Jeff said they moved the line as close to the non - historic structure as they
could and still maintain the ten foot setback.
Jeff said there is a parking spot provided for the ADU, it is off my driveway.
My plan is to have a designated parking spot on my lot instead of having one
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on the cabin lot. It would have a permanent easement. That way it puts all
the parking together.
Jay asked if we can deed a parking space that belongs to lot 2 to lot 1.
Jim said HPC can recommend that as a condition of approval and it could be
placed on the plat and have a permanent easement.
Jay said if Jeff agrees and he sells the big piece of property then the cabin is
owned by one person and they still get a parking spot. That would protect
our neighborhood from over parking.
Jeff said he has no problem with that.
Chairperson, Ann Mullins opened the public hearing. There were no public
comments. The public hearing portion of the agenda item was closed.
Discussion:
Ann said the first issue is does the cabin qualify for designation. All board
members supported designation of the cabin.
Lot Split: Jay suggested the lot -line be drawn 8 feet from the cabin rather
than ten feet. Jeff said that is the same spot. All board members support the
lot split.
FAR bonus 500 square feet; the variances of ten feet and five feet and the
parking spaces.
Amy explained that the who property is allowed no more than 4,833 square
feet. Jeff has to take out 500 square feet to cover the historic cabin and is
left with 4,333 square feet. He can't use all that in the new house. He can
only use 4,200 square feet. He then has 133 square feet that is in limbo that
he either has to put on the historic cabin which you probably don't want him
to do or you can award the FAR bonus and use that as TDR's. A TDR is
250 square feet.
Jay commented that he supports the entire project and that HPC should add
the perpetual easement in the motion. I would rather see the car parked near
the newer house. This site and cabin has a great history in this town and it is
a beautiful spot and it is voluntary designation and I would like to award
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those that genuinely seem to want to protect our town. For those reasons I
will support the FAR, variances and the easement.
Ann said she agrees with Jay and appreciates the effort to save it from
having any more development. I would recommend that one parking space
be waived but figure out the other whether it should be a permanent
easement on the other lot.
Nora said if she looks at the benefits of the historic lot split, parking waivers
and variances she would be more comfortable with a smaller FAR.
Jeff reminded the board that he is giving up a 350 square foot bonus that he
already has. I'm really only getting 150.
Brian said he is struggling with the 500 square foot bonus but on the flip that
is an incentive for the owner to do the designation. In looking at the criteria
I cannot find anything that says don't give the bonus. In light of what Jeff
said I am OK with the bonus. The perpetual easement needs to be part of the
document.
Willis agreed with the designation and application.
MOTION: Jay moved to approve Resolution #1 as written with the
amendment of requiring a perpetual easement for one parking spot for lot 2
on lot 1; motion second by Nora.
Ann said she would rather not dictate how he provides the parking space
goes.
Amy said even if he put the parking space on lot 1 he still required to have
two on lot two and you have to waive both parking spaces.
Ann said we have to waive both parking spaces because he not providing
any on that lot.
Amy said what Jay said is fine that there will be a dedicated space on lot 1.
VOTE: Willis; yes; Nora, yes; Brian, yes; Jay, yes; Ann, yes. Motion
carried 5 -0.
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208 E. Main — Work Session
Jim True, Special Counsel said this is a work session and there can be no
approvals and the applicant cannot rely on anything that is said by the
commission as a whole or by any individual commissioner. There is nothing
that can be stated up front that you can rely formally on. Certainly you are
trying to get impressions and input and you need to understand that work
sessions are not for making final determinations.
MOTION: Ann moved to adjourn; second by Nora. All in favor, motion
carried.
Meeting adjourned at 7:00 p.m.
Kathleen J. Stick and, Chief Deputy Clerk
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