HomeMy WebLinkAboutresolution.hpc.003-2014 A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION
APPROVING FINAL MAJOR DEVELOPMENT AND COMMERCIAL DESIGN
STANDARD REVIEW FOR THE PROPERTY LOCATED AT 602 E.HYMAN AVENUE,
LOT K&L, BLOCK 99, CITY AND TOWNSITE OF ASPEN, COLORADO
RESOLUTION #3, SERIES OF 2014
PARCEL ID: 2737-182-12-003
WHEREAS, the applicant, EB Building Aspen, LLC, represented by Zone 4 Architects. has
requested Final Major Development and Commercial Design Review; 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 Final 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 Final Commercial Design 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 Commercial, Lodging, and Historic District Objectives and Guidelines per Section
26.412.040 of the Municipal Code. 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, Amy Simon, in her staff report to HPC dated January 8, 2014, performed an
analysis of the application based on the standards and recommended approval with conditions;
and
WHEREAS, at their regular meeting on January 8, 2014, 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 7 to 0.
NOW, THEREFORE, BE IT RESOLVED:
HPC hereby approves Final Major Development and Commercial Design Review with the
following conditions:
RECEPTION#: 607264, 01/14/2014 at
11:07:17 AM,
1 OF 3, R $21.00 Doc Code RESOLUTION 602 E. Hyman Avenue
Janice K. Vos Caudill, Pitkin County, CO HPC Resolution#3, Series of 2013
I. Do not enlarge the west facing ground floor window on the southern most element of the
building, or add a new window directly above it. Do not add a new upper floor window
on the east fagade of the southern most element of the building. The french doors and
Juliet balcony on the upper floor may be converted to a window. The french doors on the
ground floor of the east fayade may be made into a window, and the window to the right
of that may be infilled with concrete block to match the adjacent surface. The existing
openings on the south facing wall at the east courtyard may all be converted to doors on
the ground level and casement windows on the upper level. The applicant must submit
elevations documenting these changes, as discussed at the HPC meeting, for review and
approval by staff and monitor prior to building permit submittal. The window and door
modifications shown elsewhere on the approved drawings are acceptable as represented.
2. Submit a dimensioned drawing of the proposed fence for the west courtyard, for review
and approval by staff and monitor prior to building permit submittal. The fence shall be
no more than 36" tall.
3. Through HPC Resolution #5, Series of 2013, HPC accepted the proposed
utility/trash/recycling area, with that condition that it be designed to allow the dumpster
to be turned parallel to the alley for emptying (this at the request of the Environmental
Health Department.) This has been accomplished and the applicant has also committed
to attaching the dumpster and recycling bins to be to the fence to prevent wildlife from
knocking them over.
4. Through HPC Resolution #5, Series of 2013, and City Council Ordinance #10, Series of
2013, the on-site parking requirement and cash-in-lieu fee for three parking spaces
otherwise required by the redevelopment application has been waived.
5. The commercial space represented on the second floor of the project, as shown on Sheet
A301 of the plans approved by HPC, is not permitted to be used as residential space
without a Land Use approval to convert the use.
6. The Land Use entitlements granted herein shall be 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, including Final Major
Development and Commercial Design Reviews by the HPC, 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
602 E. Hyman Avenue
HPC Resolution#3, Series of 2013
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: 602 E Hyman Avenue, Lot
K&L, Block 99, City and Townsite of Aspen, CO.
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 8th day of January,
2014.
J4 Maytt , Chair
Approved as to Form:
Debbie Quinn, Assistant City Attorney
ATTEST:
Kathy Stri land, Chief Deputy Clerk
602 E. Hyman Avenue
HPC Resolution#3, Series of 2013