HomeMy WebLinkAboutresolution.hpc.011-2013 RECEPTION#: 598768, 04/18/2013 at
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1 OF 4, R $26.00 Doc Code RESOLUTION
Janice K.Vos Caudill, Pitkin County, CO
A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC)
GRANTING FINAL MAJOR DEVELOPMENT AND VARIANCE APPROVAL FOR
THE PROPERTY LOCATED AT 1006 E. COOPER AVENUE, LOT L AND THE WEST
10' OF LOT M, BLOCK 34, CITY AND TOWNSITE OF ASPEN, COUNTY OF PITKIN,
STATE OF COLORADO
RESOLUTION #11, SERIES OF 2013
PARCEL ID: 2737-182-32-004
WHEREAS, the applicant, BMD Aspen LLC, represented by 1 Friday Design Collaborative,
requested HPC Final Major Development and Variance approval for the property located at 1006
E. Cooper Avenue, Lot L and the West 10' of Lot M, Block 34, City and Townsite of Aspen; 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.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, the HPC may approve variances to the Residential Design Standard Variances
according to Section 26.410.020.D.2. HPC must make a finding that a variance:
a. Provide an appropriate design or pattern of development considering the context in
which the development is proposed and purpose of the particular standard. In
evaluating the context as it is used in the criteria, the reviewing board may consider
the relationship of the proposed development with adjacent structures, the immediate
neighborhood setting, or a broader vicinity as the board feels is necessary to
determine if the exception is warranted; or,
b. Be clearly necessary for reasons of fairness related to unusual site-specific constraints;
and
WHEREAS, the HPC may grant up to five hundred (500) additional square feet of allowable
floor area for projects involving designated historic properties according to Section 26.415.110.F,
Floor Area Bonus. To be considered for the bonus, it must be demonstrated that:
a. The design of the project meets all applicable design guidelines;
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HPC Resolution #11, Series of 2013
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b. The historic building is the key element of the property and the addition is
incorporated in a manner that maintains the visual integrity of the historic building;
c. The work restores the existing portion of the building to its historic appearance;
d. The new construction is reflective of the proportional patterns found in the historic
building's form, materials or openings;
e. The construction materials are of the highest quality;
f. An appropriate transition defines the old and new portions of the building;
g. The project retains a historic outbuilding; and/or
h. Notable historic site and landscape features are retained.
Granting of additional allowable floor area is not a matter of right but is contingent upon the sole
discretion of the HPC and the Commission's assessments of the merits of the proposed project
and its ability to demonstrate exemplary historic preservation practices; and,
WHEREAS, Justin Barker, in his staff report to HPC dated April 10, 2013, performed an
analysis of the application based on the standards and recommended approval with conditions;
and
WHEREAS, at their regular meeting on April 10, 2013, the Historic Preservation Commission
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 6 to 0.
NOW, THEREFORE, BE IT RESOLVED:
That HPC hereby grants Final Major Development and Variance approval for the property
located at 1006 E. Cooper Avenue with the following conditions:
1. A 7' reduction in the rear yard setback requirement was approved at Conceptual Review.
2. At building permit, provide a $30,000 letter of credit or cashier's check to insure the safe
relocation of the Victorian building, as well as a plan for protection of the building from a
housemover or structural engineer.
3. HPC grants a variance from the Secondary Mass requirement of the Residential Design
Standards.
4. HPC grants an FAR bonus of 160 square feet.
5. Remove the upper story window on the front fayade.
6. The horizontal east facade window shall be removed or made vertical based on historic
evidence found during construction.
7. No mechanical equipment may be placed on the front or sides of the historic structure.
8. Provide more information about the historic structure siding and front porch posts, for
review and approval by staff and monitor.
9. Further detail of the proposed solar walls shall be provided as it is available, for review
and approval by staff and monitor.
10. The existing crabapple trees and lilacs shall be preserved.
11. 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
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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: 1006 E. Cooper
Avenue, Lot L and the West 10' of Lot M, Block 34, 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.
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APPROVED BY THE COMMISSION at its regular meeting on the 10th day of April,
2013.
Ann Mullins, Chair
Approved as to Form:
Debbie Quinn, Assistant City Attorney
ATTEST:
Kathy Striclaand, Chief Deputy Clerk
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