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Home My WebLink Aboutresolution.hpc.019-2019 RESOLUTION #19, SERIES OF 2019 A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC) GRANTING MINOR DEVELOPMENT AND A WAIVER FOR ON SITE PARKING REQUIREMENTS FOR THE PROPERTY LOCATED AT 314 WEST MAIN STREET, LOTS B, HISTORIC LANDMARK LOT SPLIT AT 320 W MAIN STREET, ACCORDING TO THE FINAL PLAT RECORDED SEPTEMBER 3, 2003 IN PLAT BOOK 66 AT PAGE 32, CITY AND TOWNSITE OF ASPEN, COLORADO PARCEL ID: 2735-124-41-011 WHEREAS, the applicant, 314 W Main Street LLC, Wendi Sturgis, Manager, represented by BendonAdams, has requested HPC approval for Minor Development and a parking waiver for the property located at 314 West Main Street, City and Townsite of Aspen, Colorado; and WHEREAS, all code citation references are to the City of Aspen Land Use Code in effect on the day of initial application - May 13, 2019, as applicable to this project; 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.C.3.b and c 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 a waiver of the on-site parking requirements according to Section 26.515.080, Parking Special Review; and WHEREAS, the HPC may approve a parking reduction and a waiver of cash-in-lieu parking fees if it will "enhance or mitigate an adverse impact on the historic significance or architectural character of a designated historic property" according to Section 26.415.11o.D, Historic Benefits - Parking; and 11111111111111111111111VIII1111111111111111111111111111IIIII111111111111111111IN RECEPTION#: 659919, R: $28.00, D: $0.00 DOC CODE: RESOLUTION Pg 1 of 4, 10/25/2019 at 10:11:40 AM HPC Resolution#19, Series of 2019 Janice K.Vos Caudill, Pitkin County, CO Page 1 of 4 WHEREAS, the Community Development Department staff reviewed the application for compliance with the applicable review standards and recommended approval of Minor Development with conditions; and WHEREAS, HPC reviewed the project on October 9, 2019. HPC 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 four to zero (4 - 0). NOW, THEREFORE, BE IT RESOLVED: Section 1: Approvals That HPC hereby approves Minor Development review and Parking waiver for 314 West Main Street with the following conditions: 1. A building permit will be required to document the change in use, on-site parking, and relocation of mechanical equipment currently in the way of the proposed on-site space. All required documents and drawings, as determined by the City of Aspen Staff, must be provided prior to acceptance of the building permit for review. 2. One parking space shall be provided on site meeting the minimum size requirement in the Land Use Code of eight and one half(8.5) feet wide, eighteen (18) feet long and seven (7) feet height clearance. 3. The HPC waives the requirement to provide a second parking space and any cash-in-lieu parking fees for the second required parking space. 4. The alteration to the site wall includes a cut no wider than thirty-six (36) inches wide to the existing site wall allowing a pathway through the wall to be flush with existing grade. Existing materials shall be repurposed where practical. Any new materials shall match existing materials of the remaining site wall. The final design will be subject to review and approval by staff and monitor. 5. Provide plans confirming the location of the meters and equipment, including the relocated mechanical unit, which are to be detached from the building to the extent possible, and will be subject to review and approval by staff and monitor prior to building permit issuance. 6. A tree permit shall be approved prior to building permit submittal. Said permit shall outline tree protection of existing trees and all drip line excavation Section 2: Material Representations HPC Resolution 419, Series of 2019 Page 2 of 4 All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Community Development Department, the Historic Preservation Commission, or the Aspen City Council are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by other specific conditions or an authorized authority. Section 3: Existing Litigation This Resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: Severability If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 5: Vested Rights 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 18o 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: 314 W Main Street. HPC Resolution#19, Series of 2019 Page 3 of 4 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 26.304.07o(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 9`" day of October, 2019. Approved asA Form: Approved as to Content: / 11A Z-� — Andr Bryassistant City rrzzyetchen Gr wood, Chair ATTEST: cl Nicole Henning, Deputy City Clerk HPC Resolution #19, Series of 2019 Page 4 of 4