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HomeMy WebLinkAboutresolution.hpc.004-2013 A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC) GRANTING FINAL MAJOR DEVELOPMENT AND COMMERCIAL DESIGN APPROVAL, SPECIAL REVIEW FOR UTILITY/TRASH/RECYCLING,AND PARKING WAIVER FOR THE PROPERTY LOCATED AT 514 E. HYMAN AVENUE, LOT N,BLOCK 94, CITY AND TOWNSITE OF ASPEN, COLORADO RESOLUTION #4, SERIES OF 2013 PARCEL ID: 2737-182-13-002 WHEREAS, the applicant, 514 AH, LLC, represented by Haas Land Planning and CCY Architects, has requested Final Major Development and Commercial Design review, Special Review for Utility/Trash/Recycling, and a Parking Waiver for the property located at 514 E. Hyman Avenue, Lot N, Block 94, City and Townsite of Aspen, Colorado; and WHEREAS, 514 E. Hyman Avenue is a designated landmark, is located within the Commercial Core Historic District; 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, 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, for Final Commercial Design 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 Commercial, Lodging and Historic District Design Objectives and Guidelines per Section 26.412.040.A.2, Commercial Design Standards Review Procedure, 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, HPC may grant reductions to the Utility/Trash/Recycling area based on the review standards of Section 26.575.060; and WHEREAS, HPC may grant parking variances based on the review standards of Section 26.415.110.0 and Section 26.515.040; and RECEPTION#: 597709, 03/14/2013 at 514 E. Hyman Avenue 10:36:38 AM, HPC Resolution#4, Series of 2013 1 OF 3, R $21.00 Doc Code RESOLUTION Page 1 of 3 Janice K.Vos Caudill, Pitkin County, CO WHEREAS, Justin Barker, in his staff report to HPC dated February 27, 2013, 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 February 27, 2013, the Historic Preservation Commission considered the application during a duly noticed public hearing, the staff memo and public comments, and found the proposal consistent with the review standards and granted approval with conditions by a vote of 4 to 0. NOW, THEREFORE,BE IT RESOLVED: Special That HPC hereby grants Final Major Development and Commercial Design review, p Review for Utility/Trash/Recycling, and a Parking Waiver for the property located at 514 E. Hyman Avenue with the following conditions: 1. A height variation to 40' is granted for the new addition per the Conceptual HPC review. 2. Before building permit application, restudy the front plaza design to resemble the platform originally created by Robin Molny, for review and approval by staff and two (2) monitors. 3. Prior to building permit application, provide a plan indicating all rooftop mechanical and screening for review and approval by staff and monitor. 4. Prior to building permit application, provide a brick restoration plan for review and approval by staff. 5. The proposed utility/trash/recycling area is approved providing a wildlife-proof barrier per the recommendation of Environmental Health. 6. The payment-in-lieu fee for 1.37 required on-site parking spaces is waived as a preservation incentive. 7. Provide more information on the proposed linear lighting plan, for review and approval by staff and monitor, prior to building permit application. 8. Per the AspenModern negotiation approved by City Council through Ordinance#6, Series of 2012, the development approvals granted herein shall constitute a site-specific development plan vested for a period of five (5) 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: 514 E. Hyman Avenue HPC Resolution#4, Series of 2013 Page 2 of 3 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 five (5) 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: 514 E. Hyman, Lot N, Block 94, 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 27th day of February, 2013. Ann Mullins, Chair Approved as to Form: Debbie Quinn, Assistant City Attorney ATTEST: Kathy Strikkland, Chief Deputy Clerk 514 E. Hyman Avenue HPC Resolution#4, Series of 2013 Page 3 of 3