HomeMy WebLinkAboutresolution.hpc.011-2019 A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC)
APPROVING A SUBSTANTIAL AMENDMENT AND SETBACK VARIATIONS FOR 135 E.
COOPER AVENUE, LOTS H AND I, AND THE EASTERLY 5 FEET OF LOT G, BLOCK 70,
CITY AND TOWNSITE OF ASPEN, COLORADO
RESOLUTION #11., SERIES OF 2019
PARCEL ID: 2735-131-04-003
WHEREAS, the applicant, Aspen Core Holdings, LLC, represented by BendonAdams,
requested Substantial Amendment and Setback Variation approval for 135 E. Cooper Avenue,
Lots H and I, and the easterly 5 feet of Lot G, Block 70, City and Townsite of Aspen. The
property is a designated landmark; 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 a Substantial Amendment, 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 design guidelines per Section 26.415.070.E.2 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 variations according to Section 26.415.110.0 of the
Municipal Code, Variances; and
WHEREAS, Amy Simon, in her staff report dated May 22, 2019, performed an analysis of the
application and recommended continuation; and
WHEREAS, during a duly noticed public hearing on May 22, 2019, the Historic Preservation
Commission considered the application, found the application was consistent with the
applicable review standards and guidelines and approved the application with conditions by a
vote of 6 to 0.
NOW, THEREFORE, BE IT RESOLVED:
That HPC approves a Substantial Amendment and Variations for the property located at 135
E. Cooper Avenue, Lots H and I, and the easterly 5 feet of Lot G, Block 70, City and Townsite
with the following conditions:
Section This approval is subject to the following conditions: IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
RECEPTION#: 656768, R: $28.00, D: $0.00
DOC CODE: RESOLUTION
Pg 1 of 4, 06/19/2019 at 03:51:03 PM
Janice K. Vos Caudill, Pitkin County, CO
i. Provide details of all restoration work for review and approval by staff and monitor prior
to building permit submittal.
2. Drawings indicating all roof and wall penetrations must be provided for review and
approval by staff and monitor prior to building permit submittal.
3. The foundations of the historic resources are to be clad in painted metal. Provide a
detail showing the flashing in the same plane as the siding above it.
4. Gutters and flashing throughout the project are to be painted metal. galvanized metal,
or lead coated copper, to be specified in the building permit submittal.
5. As part of the approval to relocate the historic structures, the applicant will be
required to provide a financial security of $30,000 for the main house and $15,000 for
the outbuilding, until they are set on the new foundation. The financial security is to
be provided with the building permit application along with the applicant's
representations as to methodologies for moving the buildings. A specific plan for
securing the outbuilding while it is being stored at Smuggler Racquet Club is
required.
6. The following variations are approved as depicted on the site plan: a 6" reduction of
the front yard for the main house and basement below it, a 2'3" west sideyard
reduction for the addition on the main house and the basement below it, a 9'5"
reduction of the combined sideyard setback and a 7'6" reduction of the rear yard for
the new basement. A 2'6" recution of the rear yard for the secondary building was
approved via HPC Resolution #13, Series of 2018 and remains in effect.
7. The landscape architect is to restudy the density of shrubs around the base of the
main historic house and provide plans for review and approval by staff and monitor
prior to building permit submittal.
8. This amendment does not extend the Vested Rights established by the approval of
HPC Resolution #13, Series of 2018.
Section 2:
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:
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.
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 4:
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: 135 E. Cooper Avenue.
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 22nd day of May, 2019.
Appro d a orm: Approved as to e-rfCent:
Andrea ryan, ssistant City Attorney Gret Greenwood, Chair
tte§t:
Nicole Henning, DepuT4 City Clerk