HomeMy WebLinkAboutresolution.hpc.023-2013 RECEPTION#: 601520, 07/19/2013 at
09:50:32 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 FOR THE PROPERTY LOCATED AT 125 W. MAIN STREET,
LOTS C AND D, BLOCK 59, CITY AND TOWNSITE OF ASPEN, COLORADO
RESOLUTION #23, SERIES OF 2013
Parcel ID #: 2735-124-55-007
WHEREAS, the applicant, Ralli Dimitrius Trust, represented by Cynthia Milling, has
requested a Historic Landmark Lot Split and Setback Variance for the property located at
125 W. Main Street, Lots C and D, Block 59, 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, Amy Guthrie, in her staff report dated July 10, 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 July 10, 2013, the Historic Preservation
Commission considered the application, found the application to meet the standards,
recommended Council approval of the Historic Landmark Lot Split, and approved the
setback variance by a vote of 4 to 0.
NOW THEREFORE, BE IT RESOLVED:
HPC supports Council approval of the Historic Landmark Lot Split and grants a setback
variance with the following conditions:
1. HPC recommends that Council approve a Historic Landmark Lot Split, dividing
the property into two 3,000 square foot lots, as proposed.
2. HPC grants a 2' east sideyard setback reduction for the lot containing the
Victorian era building. Remove the roof on the non-historic east porch of the
Victorian, allowing the steps to remain in place.
3. The property owner shall eliminate an ice damming condition that has been
identified on the west side of the building. A plan for repair shall be approved by
staff and monitor. The repair shall be completed by October 31, 2013.
4. 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
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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: 125 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
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 10th day of
July, 2013.
A roved as to Form:
Debbie Quinn, Assistant City Attorney
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Approved as to Content:
HISTORIC PRESERVATION COMMISSION
Jay May(tin, Chair
ATTEST:
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Kathy St ickland Chief Deputy Clerk
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