HomeMy WebLinkAboutresolution.hpc.022-2013 RECEPTION#: 601247, 07/12/2013 at
09:48:33 AM,
1 OF 3, R $21.00 Doc Code RESOLUTION
Janice K. Vos Caudill, Pitkin County, CO
A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION
RECOMMENDING APPROVAL OF AN APPLICATION FOR A HISTORIC
LANDMARK LOT SPLIT AND GRANTING APPROVAL FOR A SETBACK
VARIANCE AND A FLOOR AREA BONUS FOR THE PROPERTY LOCATED
AT 430 W. MAIN STREET, LOTS K, L,AND M, BLOCK 37, CITY AND
TOWNSITE OF ASPEN, COLORADO
RESOLUTION #22, SERIES OF 2013
Parcel ID #: 2735-124-42-004
WHEREAS, the applicant, Karbank 430 LLC, represented by Alan Richman Planning
Services, has requested a Historic Landmark Lot Split, Setback Variance and Floor Area
Bonus for the property located at 430 W. Main Street, Lots K, L, and M, Block 37, City
and Townsite of Aspen, Colorado; and
WHEREAS, in order to complete a Historic Landmark Lot Split, the application shall
meet the requirements of Aspen Municipal Code Section 26.480.030; and
WHEREAS, in order to receive approval for a setback variance, the application shall
meet the requirements of Aspen Municipal Code Section 26.415.110.C.La; and
WHEREAS, in order to receive approval for a floor arez< bonus, the application shall
meet the requirements of Aspen Municipal Code Section 26.415.1101; and
WHEREAS, Amy Guthrie, in her staff report dated June 26, 2013, performed an analysis
of the application based on the standards, and recommended the application be approved
with conditions; and
WHEREAS, at a regular meeting held on June 26, 2013, the Historic Preservation
Commission considered the application, found the application to meet the standards, and
approved the application by a vote of 6 to 0.
NOW THEREFORE, BE IT RESOLVED:
HPC supports Council approval of the Historic Landmark Lot Split and grants a setback
variance and floor area bonus with the following conditions:
1. HPC recommends that Council approve a Historic Landmark Lot Split, dividing
the property into a 4,000 square foot lot and a 5,000 square foot lot. The applicant
has represented that, if approved by City Council, the unused development rights
will, from time-to-time and as warranted by the TDR market, be converted to
TDRs, and sold.
2. HPC grants a 2' west sideyard setback reduction for the lot containing the
Victorian building.
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3. HPC grants a 500 square foot floor area bonus, to be applied to the calculation of
floor area relative to the existing building. No expansion is approved.
4. Remove the railing at the front porch of the Victorian, if allowed by Building Code.
5. 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: 430 West Main 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
J udicial 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 26th day of
June, 2013.
Appr ved a to Form:
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Debbie Quinn, Assistant City Attorney
Approved as to Content:
I RESERV TIO COMMISSION
Jay Mayt' , Ac ing Cha
ATTEST:
Kathy Strickland, Chief Deputy Clerk