HomeMy WebLinkAboutresolution.hpc.009-2012 RECEPTION#: 588950, 05/11/2012 at
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1 OF 3, R $21.00 Doc Code RESOLUTION
Janice K.Vos Caudill, Pitkin County, CO
A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC)
411/ GRANTING FINAL MAJOR DEVELOPMENT APPROVAL FOR THE PROPERTY
LOCATED AT 320 LAKE AVENUE, PARCEL 1 OF THE MARSHALL LOT SPLIT,
CITY AND TOWNSITE OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO
RESOLUTION#9, SERIES OF 2012
PARCEL ID: 2735-124-01-002
WHEREAS, the applicant, contract purchaser, SC Acquisitions LLC, represented by Bill Guth
and CCY Architects, has requested Final Major Development approval for the property located at
320 Lake Avenue, Parcel 1 of the Marshall Lot Split, City and Townsite of Aspen, Colorado.
The current owner of the property, Ronnie Marshall, has consented to the application; 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.4 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, Amy Guthrie, in her staff report to HPC dated April 25, 2012, performed an
analysis of the application based on the standards, found that the review standards had been met,
and recommended approval of the project,with conditions; and
WHEREAS, at their regular meeting on April 25, 2012, the Historic Preservation Commission
considered the application during a duly noticed public hearing, the staff memo and
recommendation, and public comments, and found the building to be consistent with the criteria
and approved the proposal, with conditions, by a vote of 5 to 0.
NOW, THEREFORE, BE IT'RESOLVED:
That HPC hereby grants Final Major Development approval for the property located at 320 Lake
Avenue, Parcel 1 of the Marshall Lot Split, City and Townsite of Aspen, Colorado with the
following conditions:
1. A report from a licensed engineer or architect demonstrating that the house can be moved
must be submitted with the building permit application in addition to a bond, letter of
credit or cashier's checkjin the amount of$30,000 to ensure the safe relocation.
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320 Lake Avenue
HPC Resolution#9, Series of 2012
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2. Submit a new lighting plan, to be reviewed and approved by staff and monitor. Reduce
the lighting at the front porch and limit front path lighting.
3. Submit a new landscape plan, to be reviewed and approved by staff and monitor. Show
all existing and proposed plant materials. Indicate where and how existing trees will be
protected. Provide a design for the proposed new fence and confirm plans for the existing
iron fence.
4. Salvage and re-use the existing foundation stone on the historic house. Salvage and
reconstruct the brick chimney.
5. 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: 320 Lake Avenue, Parcel
1 of the Marshall Lot Split, City and Townsite of Aspen, 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.
320 Lake Avenue
HPC Resolution#9, Series of 2012
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APPROVED BY THE COMMISSION at its regular meeting on the'25th day of April,
2012.
.111117,1_
Ann Mullins, Chair
Ap roved as to Form:
I
.1jAi C ------------
ebbie Quinn, Assistant City Attorney
ATTEST:
i 6; -i / u L
Kathy Stric land, Chief Deputy Clerk
320 Lake Avenue
HPC Resolution#9, Series of 2012
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