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Home My WebLink Aboutresolution.hpc.013-2019 i 111111 11111 11111 11111 11111 11111 11111 ilii ii i iii 11111 11111 11111 111111 iii ilii RECEPTION#: 657956, R: $28.00, D: $0.00 DOC CODE: RESOLUTION Pg 1 of 4,08/14/2019 at 10:10:06 AM Janice K.Vos Caudill, Pitkin County, CO RESOLUTION #13,SERIES OF 2019 A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION GRANTING FINAL MAJOR DEVELOPMENT APPROVAL FOR THE PROPERTY LOCATED AT 1o5 E. HALLAM STREET, THE EAST 25.14' OF LOT B AND THE WEST 8' OF LOT C, BLOCK 65, CITY AND TOWNSITE OF ASPEN, COLORADO PARCEL ID: 2735-124-37-002 WHEREAS, the applicant, 105 E Hallam LLC, represented by Z Group Architects, has requested HPC approval for Final Major Development for the property located at 105 E. Hallam Street, the east 25.14' of Lot B and the West 8' of Lot C, Block 65, City and Townsite of Aspen, 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.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 Simon, Historic Preservation Officer, in her staff memo to HPC, recommended approval with conditions; and WHEREAS, HPC reviewed the project on June 26, 2o1g. 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 vote of 3 to 2. NOW, THEREFORE, BE IT RESOLVED: Section 1: Approval HPC hereby approves Final Major Development for 105 E. Hallam Street with the following conditions: 1. Any amendments to the landscape plan represented in the application will require review and approval by staff and monitor. 2. Propose a different exterior sconce on the new construction vs. the historic resource, subject to review and approval by staff and monitor. HPC Resolution #13, Series of 2019 Page 1 of 4 3. The proposed sconce or pendant on the historic resource must be frosted in order to meet the City's lighting code. 4. Retain the historic window on the rear fagade of the Victorian. 5. Final material selection for the addition to the historic resource is subject to review and approval by the full HPC and will be scheduled on an agenda as Project Monitoring. 6. Provide physical samples of all proposed exterior materials for review by HPC. 7. Restore the front porch to the original design, with details to be reviewed and approved by staff and monitor. 8. Confirm how the historic structures and eaves will be fire rated where they are within 5' or less of property lines, for review and approval by staff and monitor prior to building permit submittal. 9. Confirm that any new foundation that is visible below the historic structure will be exposed concrete or metal flashing, for review and approval by staff and monitor prior to building permit submittal. 1o. Provide a preservation plan in the form of a comprehensive summary of the existing conditions and repair strategy for all historic materials, for review and approval by staff and monitor prior to building permit submittal. 11. Provide details on the front porch, roof materials, all exterior vents, and lightwells for review and approval by staff and monitor prior to building permit submittal. 12. As part of the approval to relocate the house on the site, the applicant will be required to provide a financial security of $30,000 until the house is set on the new foundation. The financial security is to be provided with the building permit application. 13. The following variations are accepted: • A 5' reduction of the front yard setback for the basement only • A 5' reduction of the rear yard setback for the basement and for the second floor of the addition • A 4" reduction of the west sideyard for the historic house • A 4" reduction of the combined sideyard requirement • The historic shed is to remain in place with existing encroachments in the rear and west yards. 14. The project has been approved to provide one on-site parking space. 15. 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 HPC Resolution #13, Series of 2019 Page 2of4 (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: 105 E. Hallam 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 26.304.070(A). The rights of referendum shall be limited as set forth in the Colorado Constitution and the Aspen Home Rule Charter. 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 HPC Resolution #13, Series of 2019 Page 3 of 4 be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED BY THE COMMISSION at its regular meeting on the 26th day of June,2019. Approved as to Form: Approved as to Content: Andrearyan, Assistant City Attor Greteen Green air TTEST: Nicole Henning, Depu y City Clerk HPC Resolution #13, Series of 2019 Page 4 of 4