HomeMy WebLinkAboutresolution.hpc.016-2019 RECEPTION#: 659917, R: $18.00, D: $0.00
DOC CODE: RESOLUTION
Pg 1 of 2, 10/25/2019 at 10:11:38 AM
Janice K.Vos Caudill, Pitkin County, CO
RESOLUTION #16,SERIES OF 2019
A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION DENYING
MINOR DEVELOPMENT APPROVAL FOR THE PROPERTY LOCATED AT 3oi LAKE
AVENUE, THE EAST%OF LOT 5 AND ALL OF LOTS 6 AND 7, BLOCK 40, HALLAM'S
ADDITION TO THE CITY AND TOWNSITE OF ASPEN, COLORADO
PARCEL ID: 2735-124-16-003
WHEREAS, the applicant, 301 Lake Avenue LLC, represented by Sherman and Howard LLC,
requested HPC approval for Minor Development for the property located at 3o1 Lake Avenue
in order to create a hedgerow and replace a railing; 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 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, HPC reviewed the project on September 25, 2019. HPC considered the
application, the staff memo and public comments and found the proposal inconsistent with
the review standards and design guidelines and denied the application by a vote of 6 to 1.
NOW, THEREFORE, BE IT RESOLVED:
Section 1: Minor Development Review
HPC hereby denies Minor Development as proposed for the property at 3o1 Lake Avenue. All
of the planters proposed in the application are required to be removed within 14 days of
September 25, 2019. The applicant may receive approval to replace a section of damaged glass
railing if a similar glass material can be sourced and is reviewed and approved by staff and an
assigned HPC monitor.
Section 2: Material Representations
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
HPC Resolution #16, Series of 2019
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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.
APPROVED BY THE COMMISSION at its regular meeting on the 'fly of—1,2019.
Approved as to F m: Approved as to Content:
I
ndr a Bryan, Assistant City Attorney Gr en Greenw od, Chair
ATTEST:
A
Nicole Henning, Deputy dity Clerk
HPC Resolution #16, Series of 2019
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