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resolution.hpc.028-2013
A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION RECOMMENDING THE ASPEN CITY COUNCIL APPROVE ASPENMODERN HISTORIC LANDMARK DESIGNATION AND PRESERVATION BENEFITS FOR THE PROPERTY LOCATED AT 624 W. FRANCIS STREET, UNIT B, STARRI CONDOMINIUMS, BLOCK 21, CITY AND TOWNSITE OF ASPEN, COLORADO, AND APPROVING MINOR DEVELOPMENT AND A FLOOR AREA BONUS RESOLUTION#28, SERIES OF 2013 PARCEL ID: 2735-124-09-012 WHEREAS, the applicant, 624 W. Francis LLC, represented by Kim Raymond Architects, submitted an application on August 16, 2013, pursuant to Aspen Municipal Code Section 26.415.025(C), AspenModern Properties, to voluntarily participate in a ninety-day landmark designation negotiation for the property located at 624 W. Francis Street, Unit B, Starri Condominiums, Block 21, City and Townsite of Aspen, CO; and WHEREAS, the applicant also requested approval for Minor Development and a Floor Area Bonus; 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 Minor 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 26.415.070.0 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, in order to receive approval for a floor area bonus, the application shall meet the requirements of Aspen Municipal Code Section 26.415.1101; and WHEREAS, Amy Guthrie, in her staff report to HPC dated September 11, 2013, performed an analysis of the application based on the standards. The staff recommendation was that the property should be designated a landmark as it meets the criteria for designation and the integrity score qualifies as the "best" category of historic resources. Staff recommended that the design review be continued for restudy of some aspects of the proposal; and WHEREAS, at their regular meeting on September 11, 2013, the Historic Preservation Commission considered the application during a duly noticed public hearing, including the staff recommendation, and public comments, and found the project to be consistent with the review criteria, with conditions, by a vote of 4 to 0. RECEPTION#: 604073, 09/26/2013 at 12:40:48 PM, 1 OF 3, R $21.00 Doc Code RESOLUTION 624 W. Francis—AspenModern Janice K. Vos Caudill, Pitkin County, CO HPC Resolution#28, Series of 2013 NOW, THEREFORE, BE IT RESOLVED: That HPC hereby finds that the property located at 624 W. Francis Street, Unit B, Starri Condominiums, Block 21, City and Townsite of Aspen, Colorado meets the designation criteria of Land Use Code Section 26.415.025 and 030. HPC hereby approves Minor Development and a floor area bonus with the following conditions: 1. HPC finds that 624 W. Francis meets designation criteria a, c, and e, listed in §26.415.030.0.1 2. HPC finds that 624 W. Francis is a"best" example of a modern chalet. 3. HPC supports Council negotiation of preservation benefits including expedited review, waiver of permit fees, impact fees and tree removal fees. 4. HPC approves all proposed changes to the house, except that the basement extension under the front deck may project out no more than 3' from the current basement face. 5. HPC hereby grants a 72 square foot floor area bonus for the proposed remodel. HPC also grants a 250 square foot floor area bonus for use in a future remodel to the house (to be reviewed and approved by HPC) or for a TDR, to be issued by Council if requested at a future date. 6. HPC requests that the Chief Building Official allow the removal of a non-historic guardrail that has been added to the top of the original deck railing. 7. 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: 624 W. Francis 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 624 W. Francis—AspenModern HPC Resolution 428, Series of 2013 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 t 11th da of September, 2013. © , Willis Pember, Vice Chair Approved as to Form: F Debbie , Quinn Assistant City Attorney ATTEST: Kathy Stric land, Chief Deputy Clerk 624 W. Francis—AspenModern HPC Resolution#28, Series of 2013