HomeMy WebLinkAboutresolution.hpc.019-2013 RECEPTION#: 599861, 05/2912013 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)
GRANTING FINAL MAJOR DEVELOPMENT APPROVAL FOR THE PROPERTY
LOCATED AT 114 NEALE AVENUE, LOT 1, 114 NEALE/17 QUEEN HISTORIC LOT
SPLIT SUBDIVISION, COUNTY OF PITKIN, STATE OF COLORADO
RESOLUTION 919, SERIES OF 2013
PARCEL ID: 2737-073-83-001
WHEREAS, the applicant, DWS Family Trust, represented by Forum Phi Architecture, requested
HPC Conceptual Major Development and Variance approval for the property located at 114
Neale Avenue, Lot 1, 114 Neale/17 Queen Historic Lot Split Subdivision; 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, Justin Barker, in his staff report to HPC dated May 22, 2013, performed an analysis
of the application based on the standards and recommended approval with conditions; and
WHEREAS, at their regular meeting on May 22, 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 approval for the property located at 114 Neale
Avenue with the following conditions:
1. HPC granted a front yard variance of 6 feet for the subgrade space at Conceptual Review.
2. HPC granted a 400 square foot floor area bonus at Conceptual Review.
3. HPC recommends the applicant consult with engineering to develop an appropriate
alternative to the proposed sidewalk along King Street. The alternative should address
concerns with safety for bikers and pedestrians turning onto King Street, while staying in
character with the neighborhood, which has not traditionally had sidewalks.
4. The height of the east fence forward of the front facade shall be 42 inches or lower.
5. The driveway gate shall be 42 inches or lower.
114 Neale Ave.
HPC Resolution #19, Series of 2013
Page 1 of 3
6. 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 Resolution, 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: 114 Neale Avenue, Lot
1, 114 Neale/17 Queen Historic Lot Split Subdivision, 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.
114 Neale Ave.
HPC Resolution#19, Series of 2013
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APPROVED BY THE COMMISSION at its regular meeting on the 22nd day of May,
2013.
Ja a�in, Ac ing Chair
App ved T to Form:
Debbie Quinn, Assistant City Attorney
ATTEST;
�'
athy Stricl4and, Chief Deputy Clerk
114 Neale Ave.
HPC Resolution #19, Series of 2013
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