HomeMy WebLinkAboutresolution.hpc.035-2013 RECEPTION#: 606828, 12/27/2013 at
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1 OF 3, R $21.00 Doc Code RESOLUTION
Janice K.Vos Caudill, Pitkin County, CO
A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC)
GRANTING MAJOR DEVELOPMENT (CONCEPTUAL), RELOCATION, AND
VARIANCE APPROVAL FOR THE PROPERTY LOCATED AT 549 RACE ALLEY,
LOT 5,FOX CROSSING SUBDIVISION, CITY AND TOWNSITE OF ASPEN,
COLORADO AND RELOCATION APPROVAL FOR THE PROPERTIES LOCATED AT
LOTS 4 AND 6,FOX CROSSING SUBDIVISION, CITY AND TOWNSITE OF ASPEN,
COLORADO
RESOLUTION #35, SERIES OF 2013
PARCEL ID: Lot 4: 2737-073-92-004, Lot 5: 2737-073-92-005, Lot 6: 2737-073-92-006
WHEREAS, the applicant for Lot 5 of Fox Crossing Subdivision, Race Alley, LLC, represented
by Charles Cunniffe Architects, has requested HPC approval for Conceptual Major Development,
Relocation, Floor Area Bonus, Setback Variances and Residential Design Standards Variances, and
the applicant for Lots 4 and 6, Fox Crossing Properties, LLC, represented by Neiley and Alder
Attorneys, has requested HPC approval for Relocation; 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 Conceptual Major 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.D.3.b.2 and 3 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, for approval of Relocation, the application shall meet the requirements of Aspen
Municipal Code Section 26.415.090.0, Relocation of a Designated Property; and
WHEREAS, in order to receive approval for a floor area bonus, the application shall meet the
requirements of Aspen Municipal Code Section 26.415.110.F; and
WHEREAS, the HPC may approve setback variances according to Section 26.415.110.C.La,
Variances; and
WHEREAS, the HPC may approve variances to the Residential Design Standards according to
Section 26.410.020.D; and
WHEREAS, HPC reviewed the project on October 9th and November 13th and continued for
restudy. At their regular meeting on December 11, 2013, the Historic Preservation Commission
HPC Resolution#35, Series of 2013
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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 5 to 1.
NOW, THEREFORE, BE IT RESOLVED:
That HPC hereby grants Conceptual Major Development, Relocation, Floor Area Bonus, Setback
Variances and Residential Design Standards Variances for Lot 5 of the Fox Crossing Subdivision,
and Relocation approval for Lots 4 and 6 of the Fox Crossing Subdivision, with the following
conditions:
1. HPC hereby approves the project design as represented at the December 11`" hearing,
shown in Exhibit 1 to the meeting record.
2. The Victorian house is approved to be relocated no more than 5' northward of the
existing location.
3. HPC hereby grants a 500 square foot floor area bonus with the requirement that the
applicant remove 3 TDRs from the site, if approved by City Council.
4. HPC hereby grants a north sideyard setback reduction of 5' and a combined sideyard
setback variance of 5'.
5. HPC hereby grants a waiver from the Residential Design Standards related to "Street-
Oriented Entrance."
6. For the temporary relocation of the Victorian house during basement excavation, the
owner of Lot 5 must provide a $30,000 letter of credit, cashier's check, or other form
acceptable to the City Attorney to insure the safe relocation of the house. A relocation
plan detailing how and where the building will be stored and protected during
construction must be submitted with the building permit application, and the applicant
shall include documentation of the existing elevation of the home and the relationship of
the foundation to grade in the building permit application. A permit to relocate the
Victorian will not be issued until the relocation of the log cabins is completed in
accordance with Condition 6, below.
7. For the temporary relocation of the two log cabins (aka"The Line Shacks"), the owner of
Lot 6 must provide a letter of credit, cashier's check, or other form acceptable to the City
Attorney to insure the safe relocation of the houses. The amount of this financial security
will be approximately three times the standard requirement of$30,000 per building, for a
total of $180,000, due to the possible prolonged storage of the structures until
redevelopment is undertaken. The exact dollar amount, and the wording of the
performance requirements, will be reviewed by HPC staff and City Attorney staff, and
approved by HPC at Final review. The owner of Lot 6 must also provide a relocation
plan detailing how and where the cabins will be stored and protected during construction
as part of a building permit application for the relocation work, along with documentation
of the existing elevation of the home and the relationship of the foundation to grade.
Should the HPC approved redevelopment plan (HPC Resolution 45, Series of 2009) for
Lot 6 not be initiated through the issuance of a building permit within three years from
the date that the log cabin relocation permit is issued, City Council will annually review
the effect of the building storage and determine whether or not to employ the funds to
preserve the buildings as needed.
8. A development application for a Final Development Plan shall be submitted within one
(1) year of December 11, 2013, the date of approval of a Conceptual Development Plan.
Failure to file such an application within this time period shall render null and void the
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approval of the Conceptual Development Plan. The Historic Preservation Commission
may, at its sole discretion and for good cause shown, grant a one-time extension of the
expiration date for a Conceptual Development Plan approval for up to six (6) months
provided a written request for extension is received no less than thirty (30) days prior to
the expiration date.
APPROVED BY THE COMMISSION at its regular meeting on the 11th day of December,
2013.
ay MaytiVi, Chair
A. roved as to Form:
De ie Ouinn, Assistant City Attorney
ATTEST:
Kathy Strfeldand, Chief Deputy Clerk
HPC Resolution#35, Series of 2013
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