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HomeMy WebLinkAboutagenda.hpc.20140122 ASPEN HISTORIC PRESERVATION COMMISSION REGULAR MEETING January 22,2014 CITY COUNCIL MEETING ROOM 130 S. GALENA ASPEN, COLORADO 12:00 SITE VISITS: Please meet at 947 E. Cooper, followed by 135 E. Cooper 5:00 INTRODUCTION A. Roll call B. Approval of minutes-January 8, 2014 C. Public Comments D. Commission member comments E. Disclosure of conflict of interest(actual and apparent) F. Project Monitoring G. Staff comments H. Certificates of No Negative Effect issued I. Submit public notice for agenda items OLD BUSINESS 5:10 None NEW BUSINESS 5:10 A. 947 E. Cooper- Minor, CONTINUED PUBLIC HEARING 5:50 B. 135 E. Cooper-Minor, PUBLIC HEARING WORKSESSION 6:30 A. Main Street crosswalk lighting 7:00 ADJOURN TYPICAL PROCEEDING- 1 HOUR, 10 MINUTES FOR MAJOR AGENDA ITEM,NEW BUSINESS Provide proof of legal notice (affidavit of notice for PH) Staff presentation(5 minutes) Board questions and clarifications (5 minutes) Applicant presentation (20 minutes) Board questions and clarifications (5 minutes) Public comments (close public comment portion of hearing) (5 minutes) Chairperson identified the issues to be discussed(5 minutes) HPC discussion(15 minutes) Applicant rebuttal (comments) (5 minutes) Motion(5 minutes) *Make sure the motion includes what criteria are met or not met. No meeting of the HPC shall be called to order without a quorum consisting of at least four (4) members being present. No meeting at which less than a quorum shall be present shall conduct any business other than to continue the agenda items to a date certain. All actions shall require the concurring vote of a simple majority, but in no event less than three (3) concurring votes of the members of the commission then present and voting. PROJECT MONITORING- Projects in bold are currently under construction. Jay Maytin 518 W.Main-Fornell 320 Lake 435 W.Main-AJCC 204 S.Galena 920 W.Hallam 420 E.Cooper 28 Smuggler Grove Lift One Nora Berko 205 S.Spring-Hills 1102 Waters 332 W.Main 28 Smuggler Grove 1006 E. Cooper 602 E.Hyman Sallie Golden 517 E.Hyman(Little Annie's) 206 Lake Jane Hills Aspen Core 605 W.Bleeker 114 Neale 201 E.Hyman 507 Gillespie Willis Pember 204 S.Galena Aspen Core 514 E.Hyman 624 W.Francis Patrick Segal 204 S.Galena 623 E.Hopkins 701 N.Third 612 W.Main Holden Marolt derrick 624 W.Francis 206 Lake John Whipple 208 E.Main 201 E.Hyman 420 E.Cooper 602 E.Hyman Jim DeFrancia 414 E.Hyman M:\city\planning\hpc project monitoring\PROJECT MONITORING.doc 1/13/2014 P1 MEMORANDUM A & TO: Aspen Historic Preservation Commission FROM: Amy Simon, Historic Preservation Officer RE: 947 E. Cooper Avenue- Minor Development, Public Hearing continued from November 13, 2013 DATE: January 22, 2014 SUMMARY: The applicant requests approval for window and door changes to a non-historic home located on a landmark designated property. APPLICANT: Matt and Kate Holstein, owners. PARCEL ID: 2737-182-52-005. ADDRESS: 947 E. Cooper Avenue, East Cooper Court Condominiums, Unit E, City and Townsite of Aspen, Colorado. ZONING: Affordable Housing zone district. MINOR DEVELOPMENT The procedure for a Minor Development Review is as follows Staff reviews the submittal materials and prepares a report that analyzes the project's conformance with the design guidelines and other applicable Land Use Code Sections This report is transmitted to the HPC with relevant information on the proposed project and a recommendation to continue, approve, disapprove or approve with conditions and the reasons for the recommendation. The HPC will review the application, the staff analysis report and the evidence presented at the hearing to determine the project's conformance with the City of Aspen Historic Preservation Design Guidelines 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. If the application is approved, the HPC shall issue a Certificate of Appropriateness and the Community Development Director shall issue a Development Order. The HPC decision shall be final unless appealed by the applicant or a landowner within three hundred(300)feet of the subject property in accordance with the procedures set forth in Chapter 26.316. Staff finding: In 1995, the City approved redevelopment of a 10,000 square foot lot that resulted in the on-site relocation and renovation of a historic house and barn and construction of three new homes. The two homes closest to Cooper Avenue were approved as free market units. Along the alley, one home (in the center) was designated free market, the northeast home was deed-restricted to Resident Occupied, and the northwest home became a Category 3 affordable housing unit. 1 P2 HPC conducted Conceptual and Final design review for the site plan and each of the homes, and retains design purview over the property in perpetuity. The subject of this Minor development hearing is Unit E, the Resident Occupied unit at the northeast corner of the site. Since construction in 1997, this property has been sold three times. In 2011, the City began to discover work that was apparently done by the second home owner without approvals or permits. The initial discovery was that the owner had converted part of a required garage/on-site parking into bedroom space. Money to undo the illegal work was escrowed as part of a subsequent sale. The current owners, who purchased in September 2013, have an active building permit underway to re-establish the approved garage. That work is primarily an interior remodel, however staff has reviewed and approved the installation of a new garage door. Because it was necessary to initiate construction on the house, the new owners elected to also propose some desired window changes on their building permit. Unfortunately, they were not aware of the historic designation or the need for HPC review, although it should be noted that the designation is recorded on the Subdivision Plat for this property, the Subdivision Agreement, and City Council Ordinance #9, Series of 1995. HPC purview can be confusing to property owners when related to recently constructed buildings. Staff contacted the homeowner regarding their proposed new windows,which are located on the ground floor level of the north and east sides of the house. During the dialogue about the window changes, it was determined that the second owner of this home had replaced upper floor doors and windows at the southwest corner of this house without approvals or permits. The photo below shows the unapproved work. The drawing below shows the HPC approved windows on the south fagade. The HPC approved west windows are on the next page. (Please note that the drawings show windows with divided lights, however it has been determined that mullions were deleted from all windows during the original construction process.) MAO"I 2 240 ev ti Ito _ 2 _ -5 If 9 � ! tU��•ye. It I � �I I G I I 11�I ftbOJt+ I - .I I L,r b i I O H vt t o In performing this Minor Development review, HPC has two decisions to make; (1) whether to approve the already installed south and west windows and doors described above, or require their replacement to conform with the design guidelines and (2) whether to allow the north and east window changes that were submitted with the active garage permit, bubbled on the drawings below. � 'jYi:r�. wwutq r(kc.�v.�s-t••5cp+rJ� ' a bPcMitsc�Ud: Fs aos _.__._ - �T to F IBM, j� ✓rs>tuaeaacrrour � � 1 I PER n J� F _ t•,nb ar y� �` . I I I �:hiyN ��•sca i - a t p ' <—rLr�►ses '"-7-'a. I of rlb ,1 �; 7m J - 1•t-� �Od'rH �L'GJb'rlAi'I V _ Y••-o 3 _'f. e1 aM1���• f } 4; r , x r, at 945: 1 IIMrst ��6P 945 Ah ,n t� 5i _,,�`.. �T; � ;�-,•v�L: � I I I I 1 1�. �a`Y �' I.fir.t�� P? P5 As the HPC is aware, the design guidelines are purposefully written to allow a wide variety of design approaches that achieve compatibility with adjacent historic buildings. The guidelines state that "a new design should relate to the fundamental characteristics of historic resources while also conveying the stylistic trends of today. It may do so by drawing upon basic ways of building that make up a part of the character of the property. Such features upon which to draw include the way in which a building is located on its site, the manner in which it relates to the street, and its basic mass, form and materials. When these design variables are arranged in a new building to be similar to those seen traditionally, visual compatibility results." There is only one chapter in the design guidelines, which applies to this review; Chapter 11:New Buildings on Landmarked Properties/Historic Landmark Lot Splits, and, in staff's analysis, only one relevant guideline 11.9 Use building, components that are similar in size and shape to those of the historic property. • These include windows, doors and porches. • Overall, details should be modest in character. The approved/original windows at 947 E. Cooper are painted metal clad windows, a combination of casement and double hung. All are either square, or vertically proportioned, meaning that they are taller than they are wide. This creates an important relationship to the historic structures on -the site. Overall, the total area of the each approved window opening on 947 E. Cooper is similar to those on the historic structures as well. The design guidelines can allow for larger compositions of glass, as for instance demonstrated on the new house to the west of this one; 945 E. Cooper, pictured on page 4. That home was allowed to pair windows that are individually related to the size of those on the Victorian. Staff's concern with the three south and west upper floor windows that were previously installed at 947 E. Cooper without a review or building permit is their large size, which appears to be approximately 6' wide by 8' tall as a single, undivided pane of glass. This is larger than any other single window x, 41 unit on any home on this site and does not meet guideline 11.9. The largest window on the historica structure is the primary bay window, the scale of which is reduced by the fact that it is a double hung window. Although the installation of these windows was not done by the current property owner, HPC does need to view this as if the windows were proposed today and not already installed. Considering the cost implications of reversing illegally completed work is not the �- board's role. Staff recommends that the windows = `A .s rMM P6 either be replaced by units that meet the design guidelines, or be modified in some way, such as through the installation of trim, for review and approval by staff and monitor. We find that the french doors that access the upper deck sufficiently meet the guidelines by dividing the opening into two door leaves. With regard to the proposed new windows, not yet installed, on the ground floor of the north and east facades, staff finds that these also are not compatible with the proportions of windows on adjacent historic resources. Windows that meet the guidelines by being vertical, rather than horizontal in proportion may be reviewed and approved by staff and monitor. The HPC may: • approve the application, • approve the application with conditions, • disapprove the application, or • continue the application to a date certain to obtain additional information necessary to make a decision to approve or deny. RECOMMENDATION: Staff recommends that HPC deny approval for the already installed upper floor south and west windows, but approve the french doors to the upper deck, and deny approval for the proposed ground floor windows on the north and east sides of the house, finding that the design guidelines are not met. Staff recommends that the applicant submit revisions that divide the windows into smaller areas of glass, proportionate to the historic resource and vertical in orientation, to be reviewed and approved by staff and monitor. Exhibits: Resolution#_, Series of 2014 A. Relevant HPC design guidelines B. Application C. Letter from Aspen/Pitkin County Housing Authority staff member 6 ATTACHMENT 2 - Historic Preservation Land Use Application P7 PROJECT: Name: Location: °/ C— ;, Cif 10E R _ i 6 UrCT G�,Cii (Indicate street address, lot& block number or metes and bounds description of property) Parcel ID# (REQUIRED) APPLICANT: Name: Address: GCS 0 1�5?0 2 Phone#: Fax#: E-mail: C_04-1 REPRESENTATIVE: Name: ' 0Gl� Address: `1 l f 6—, lq�/tJ S" 20 J ��� Gv X 16 / 1 Phone#: O Z Fax#: E-mail:SEIC�Z�,t�t�° ii c GOA TYPE OF APPLICATION: (please check all that apply): ❑ Historic Designation ❑ Relocation (temporary, on ❑ Certificate of No Negative Effect ❑ or off-site) ❑ Certificate of Appropriateness ❑ Demolition (total N -Minor Historic Development demolition) ❑ -Major Historic Development ❑ Historic Landmark Lot Split ❑ -Conceptual Historic Development ❑ -Final Historic Development -Substantial Amendment ExISTING CONDITIONS: (description of existing buildings, uses,previous approvals, etc. PROPOSAL: (description of proposed buildings, uses, modifications,etc.) i,tl1-tii O 5 191L-11 ascXXV ?e�01 - u Historic Preservation Q 411ts, A , - 2- ol Updated: May 29,2007 P8 October 29,2013 To HPC Staff,Board,and whom it may concern: I would like to bring you up to speed on a situation of which you will be briefed on by Amy Simon.As the Operations Manager of the Aspen/Pitkin County Housing Authority(APCHA)and the facilitator of the sale of this property,I feel compelled to share the details of this situation from my perspective. Kate and Matt Holstein recently purchased an R.O.designated employee house located at 947 E. Cooper. During the due diligence period,it was disclosed to them that a previous owner had converted the garage into living space without a building permit,and thus it needed to be converted back into a garage as a condition of closing,which they agreed to do. As they began the process of applying for a building permit to do the work,they decided they wanted to add two windows to the house,and included that in the permit application. It was then that they learned from Amy Simon,that the house,though built in 1998,was subject to HPC approval. She declined the window design they had come up with because it did not match the rest of the house. They then sent her pictures of the house to show that the windows they wanted did,in fact,match the house,and that is when Amy discovered that all the windows in the house were installed without proper approvals as well. It was discovered that the second owner of the property remodeled the home without the proper permits and,at such time,did not receive HPC approval. Although APCHA was aware that one of the homes was designated historic,it was unknown that the property itself carried that designation. When the second owner of the property proceeded to sell,it was discovered that the conversion of the garage was done illegally;therefore,escrow funds were held for the third owner to convert the additional living space back to a garage. It was APCHA's understanding that someone from the Community Development Department had conducted a site visit upon this discovery. Never in any of the prior conversations with the Community Development Department was it mentioned that the property was categorized with the historic designation nor that the house had windows that would not have been allowed. Again,as the facilitator of this sale,I was not aware that:a)the house is subject to HPC review;or b)that the windows were installed without a permit,and thus did not disclose those facts to the current owners,the Holsteins,during their due diligence process. I understand that the Community Development Department is determined to see this go through a full approval process,which is why it sits before you now. No one is to blame for this current state of affairs except for the previous owner(two owners ago)who did all this work without a permit back in 2007.He is long gone,and now the current owners are stuck holding the bag. Kate and Matt are attempting to do the right thing,fix the garage situation as was requested by the City,but they are being punished for something they had nothing to do with and were never made aware of at point of sale. It is important to remember that this is employee housing.They have been told that they must apply for approval for all the windows retroactively.If the board does not approve the existing windows,and requires them to tear out or modify the existing windows,it would be an expense to the tune of 10s of thousands of dollars(not to mention a major waste of environmental resources). This is not an option for them financially. Please consider all of these issues when making your decision. Cindy Christen en APCHA Operations Manager EXHIBIT Timeline of RO Employee house:947 East Cooper Court •2005—Owner at the time,Chris Hewitt,remodels the house. •March 2011-Hewitt sells the house to Chip and Lady Fuller.It is disclosed in their contract that the garage was illegally converted to livable space and the city is requiring it be returned to the original garage. The Fullers receive a$25K credit to do the work.The Fullers live in the house as is for 2.5 years,but don't convert the garage. •July 2013—The Fullers list the house for sale through Pitkin County Housing Authority.The Pitkin County Housing Authority discloses that the garage must be converted back to its original form as a condition of closing. •August 2013—Kate and Matt Holstein win the bid for the house.It's negotiated between the Holsteins and the Fullers that the Holsteins will do the garage conversion,to begin immediately following closing, and will receive a$25K credit to do the work. •September 23,2013—The deed transfers from the Fullers to Pitkin County Housing Authority,and then to the Holsteins. •End of September 2013—The Holstein's apply for a building permit to do the garage conversion as well as add two windows to the Master Bedroom. •Beginning October 2013—The Holsteins receive an email from Amy Guthry at HPC stating that the house is subject to HPC review.Despite the fact the house was built in 1998,it falls under HPC review because it is part of a historic subdivision.This is the first time both the Holsteins and Pitkin County Housing Authority learn of its historic designation.Amy informs the Holsteins that she will not approve their new window design because it does not comply with HPC guidelines.Specifically she says that the proposed windows do not match the rest of the house.Upon hearing this,the Holsteins send Amy photos of the exterior of the house to show her that the windows they're proposing are similar to the windows that already exist on the house.It is then that Amy learns,and informs the Holsteins,that the existing windows have been installed without a building permit or HPC approval. •Mid October 2013—Amy informs the Holsteins that the existing windows do not meet HPC guidelines, and she is going to require them to apply for HPC approval of the existing windows retroactively,despite the fact that the Holsteins are not the people who did the illegal work,nor were the illegal windows disclosed to them at point of sale.Amy informs the Holstein that they will need to appear before the HPC Board to get approval for the existing windows as well as the new ones they want to install. •End of October—Holsteins prepare the HPC application for planning staff review. When HPC staff meets on the issue,they decide that they are not supportive of approving the existing windows in their current state.Their recommendation to the HPC board will be either modification or replacement of all the wlhdows. +Beginning of November—Facing the prospect of tens of thousands of dollars of unanticipated work on their new employee house,the Holsteins post-pone their HPC board appearance until January 22 to seek alternative options. January 14, 2014 Historic Preservation Commission Board City of Aspen 130 S. Galena Street Aspen, CO 81611 Dear HPC Board Members, We're writing to support Matt and Kate Holstein and their appeal regarding HPC's demand that they replace the windows of their affordable housing unit to replicate the original 1998 windows. We've lived in the neighborhood for 20 years and view their unit with it's modified windows to be in keeping with their development and the neighborhood overall. In fact,we lived for several years just across the street in a unit with big picture windows at Riverside Condominiums. While HPC's demand adheres to the strictest interpretation of HPC guidelines,the request seems decidedly unreasonable. Not only was this requirement never disclosed to the Holsteins when they purchased the city's deed restricted unit, it was never disclosed to the housing office. The windows have been as they are for eight years without anybody, including HPC , detecting that they were out of compliance, or disturbed by it. Not only would replacing these windows be a heavy and unnecessary financial burden,it would be environmentally careless. Waiving this requirement and making this concession for the Holsteins in no way jeopardizes the integrity of HPC. These window changes that were made 8 years ago were truly negligible in terms of violating HPC's mission, but the burden to the Holsteins and the construction impacts to the neighbors would not be. Please reassess the circumstances of this particular case and absolve them from any window replacement requirements. Sincgely, Bobbie and Rich Burkley Alpine Cottages 106 Robinson Rd Aspen, CO 81611 October 29,2013 To HPC Staff,Board,and whom it may concern: I would like to bring you up to speed on a situation of which you will be briefed on by Amy Simon.As the Operations Manager of the Aspen/Pitkin County Housing Authority(APCHA)and the facilitator of the sale of this property,I feel compelled to share the details of this situation from my perspective. Kate and Matt Holstein recently purchased an R.O.designated employee house located at 947 E.Cooper. During the due diligence period,it was disclosed to them that a previous owner had converted the garage into living space without a building permit,and thus it needed to be converted back into a garage as a condition of closing,which they agreed to do. As they began the process of applying for a building permit to do the work,they decided they wanted to add two windows to the house,and included that in the permit application. It was then that they learned from Amy Simon,that the house,though built in 1998,was subject to HPC approval. She declined the window design they had come up with because it did not match the rest of the house. They then sent her pictures of the house to show that the windows they wanted did,in fact,match the house,and that is when Amy discovered that all the windows in the house were installed without proper approvals as well. It was discovered that the second owner of the property remodeled the home without the proper permits and,at such time,did not receive HPC approval. Although APCHA was aware that one of the homes was designated historic,it was unknown that the property itself carried that designation. When the second owner of the property proceeded to sell,it was discovered that the conversion of the garage was done illegally;therefore,escrow funds were held for the third owner to convert the additional living space back to a garage. It was APCHA's understanding that someone from the Community Development Department had conducted a site visit upon this discovery. Never in any of the prior conversations with the Community Development Department was it mentioned that the property was categorized with the historic designation nor that the house had windows that would not have been allowed. Again,as the facilitator of this sale,I was not aware that:a)the house is subject to HPC review;or b)that the windows were installed without a permit,and thus did not disclose those facts to the current owners,the Holsteins,during their due diligence process. 1 understand that the Community Development Department is determined to see this go through a full approval process,which is why it sits before you now. No one is to blame for this current state of affairs except for the previous owner(two owners ago)who did all this work without a permit back in 2007.He is long gone,and now the current owners are stuck holding the bag. Kate and Matt are attempting to do the right thing,fix the garage situation as was requested by the City,but they are being punished for something they had nothing to do with and were never made aware of at point of sale. It is important to remember that this is employee housing.They have been told that they must apply for approval for all the windows retroactively.If the board does not approve the existing windows,and requires them to tear out or modify the existing windows,it would be an expense to the tune of l Os of thousands of dollars(not to mention a major waste of environmental resources). This is not an option for them financially. Please consider all of these issues when making your decision. Cindy Christensen APCHA Operations Manager The East Cooper Court Condominium Association PO BOX 2021 Aspen CO 81612 January 7, 2014 To: The Aspen Historic Preservation Commission We write to you today on behalf of our condominium association, and all it's individual members. Our new neighbors, the Holsteins, who recently purchased 947 East Cooper within our association, came to us regarding an unfortunate situation that came to light upon their application to the City of Aspen (and HPC) to perform certain alteration to their new home. Please know that we have no objections to the new work they wish to perform. We would also like to make the board aware of our thoughts regarding the work that had been performed to 947 East Cooper many years ago, by a prior owner, apparently without proper permitting and unbeknownst to both the Holsteins and our association. 1) The association feels that the existing windows at 947, and specifically those on the second floor facing south and west, are consistent with the look and feel of our neighborhood. 2) The association feels that because the windows had been installed by a previous owner, and that the work was never disclosed to anyone, it would be unjust to require the Holsteins to change them. 3) The association does not want to endure the inconvenience of the construction necessary to cure the current condition. 4) The current windows have existed in their present form for over eight years; as such we have no desire to see them changed. 5) 947 East Cooper is a relatively new structure (built within the last 20 years) that sits behind. 949 East Cooper, and as such is barely visible from the street; it abuts our alley. Thank you for considering our perspective regarding our new neighbor's unfortunate dilemma. Sincerely, J. Maurice Herman Both individually, and as President of The East Cooper Court Condominium Association Cc. Jane Pargiter (943 East Cooper) Sandy Schonwald (939 East Cooper) Winston Fisher (945 East Cooper) Gmail -Our new neighbors https://mail.google.com/mail/u/0/?ui=2&ik=dcaed83503&view=p... UM , 1* 1 Matthew Holstein <matthewptholstein@gmail.com> Our new neighbors 5 messages maurice herman <jmauriceherman @hotmail.com> Tue, Jan 7, 2014 at 1:48 PM To:jane pargiter 2 <ecoflightstaff @earth link.net>, sandy schonwald <sandy @aquariusltd.com>, winston fisher <wfisher @fisherbrothers.com> Good afternoon everyone, Please find attached the letter I discussed with you all yesterday, via a mail, regarding the unfortunate situation the Holsteins have found themselves in, do to no fault of their own. I would like to try and keep this as simple as possible, so please respond to me with a "yes I agree with the statements in our letter to HPC" or, "no I do not agree with the letter". Please keep in my mind that I will be forwarding both the association letter and our responses to this a mail to the Holsteins so that they may present them to HPC. Thanks, Maurice Letter to HPC.docx 118K Matthew Holstein <matthewptholstein @ gmail.com> Tue, Jan 7, 2014 at 1:50 PM To: Kate Holstein <kateholstein @gmail.com> [Quoted text hidden] Matthew P.T. Holstein matthewpthoistein@gmaii.com 970 948 6868 Twitter ®Facebook Letter to HPC.docx 118K maurice herman <jmauriceherman @hotmail.com> Wed, Jan 8, 2014 at 1:22 PM To: "matthewptholstein @gmail.com" <matthewptholstein @ gmail.com> 1 of 3 1/21/144:20 PM Gmail-Our new neighbors https://mail.google.com/mail/u/0/?ui=2&ik=dcaed83503&view=p... Date: Wed, 8 Jan 2014 13:01:45 -0700 Subject: Re: Our new neighbors From:jane @ecoflight.org To: Sandy @aquariusltd.com CC:jmauriceherman @hotmail.com; ecoflightstaff @earthlink.net I agree with the letter too. On Wed, Jan 8, 2014 at 12:57 PM, Sandy Schonwald <Sandy @aquariusltd.com>wrote: I agree with the letter Sent from my Phone [Quoted text hidden] <Letter to HPC.docx> Jane Pargiter EcoFlight 307 L AABC Aspen,CO 81611 www.ecoflight.org 970-429-1110 ext 1 Visit EcoFlight on Facebook and like us! maurice herman <jmauriceherman @hotmail.com> Wed, Jan 8, 2014 at 1:23 PM To: "matthewptholstein @ gmail.com" <matthewptholstein @gmail.com> From: Sandy @aquariusltd.com To:jmauriceherman @hotmail.com CC: ecoflightstaff @earthlink.net Subject: Re: Our new neighbors Date: Wed, 8 Jan 2014 19:57:42 +0000 2 of 3 1/21/144:20 PM Gmail -Our new neighbors https://mail.google.com/mail/u/0/?ui=2&ik=dcaed83503&view=p... I agree with the letter Sent from my iPhone On Jan 8, 2014, at 2:20 PM, "maurice herman" <jmauriceherman @hotmail.com>wrote: [Quoted text hidden] <Letter to HPC.docx> maurice herman <jmauriceherman @ hotmail.com> Wed, Jan 8, 2014 at 1:23 PM To: "matthewptholstein @gmail.com" <matthewptholstein @gmail.com> From: wfisher @fisherbrothers.com To:jmauriceherman @hotmail.com Subject: Re: Our new neighbors Date: Wed, 8 Jan 2014 03:28:09 +0000 Agree From: maurice herman [mailto:jmauriceherman @hotmail.com] Sent: Tuesday, January 07, 2014 03:48 PM To: jane pargiter 2 <ecoflightstaff@earthl ink.net>; sandy schonwald <sandy @aquariusltd.com>; Winston Fisher Subject: Our new neighbors [Quoted text hidden] NOTICE: THIS EMAIL MESSAGE MAY CONTAIN CONFIDENTIAL INFORMATION. IF YOU ARE NOT THE NAMED RECIPIENT(S), OR IF YOU BELIEVE YOU HAVE RECEIVED THIS MESSAGE IN ERROR, PLEASE DO NOT READ, COPY OR DISTRIBUTE THIS EMAIL OR ANY ATTACHMENTS,AND PLEASE NOTIFY THE SENDER OF YOUR ERRONEOUS RECEIPT AND DELETE THIS EMAIL AND ANY ATTACHMENTS. THANK YOU. 3 of 3 1/21/14 4:20 PM uai„7797Z CA rp 4/0-6,1 .9,'AH q1 4/,4 T -.s-,r4 F.I I WO —4-4- T`7 _4 4 nr T F P9 MEMORANDUM TO: Aspen Historic Preservation Commission FROM: Amy Simon, Historic Preservation Officer RE: 135 E. Cooper Avenue-Minor Development, Public Hearing DATE: January 22, 2014 SUMMARY: The subject property is listed on the Aspen Inventory of Historic Landmark Sites and Structures, as well as the National Register of Historic Places. The site contains the 1888 Dixon-Markle house, which itself is virtually unaltered on the exterior. A more modified 19t" century outbuilding is located along the alley. In 2003, HPC approved -- Major Development review that entailed moving the house slightly to the north and ^" a t ! f zj PK east of the original location, constructing an yk 1 .f T 71ta—t� addition along the west side of the house, and r constructing a new garage along the alley. The project included a 500 square foot floor -.;, . area bonus and setback variances to accommodate existing and newly created =-4 conditions. The project won a Preservation Honor award upon completion in 2005. The applicant is requesting Minor Development review to modify the connector lit niinni between the old and new construction, and to add a skylight to the historic outbuilding. The amount of square footage involved in the r project qualifies this as Minor. Staff recommends denial, finding that the proposal does not meet the design guidelines. APPLICANT: Chris Pat Aspen LLC, represented by Zone 4 Architects. r PARCEL ID: 2735-131-04-003. - - Wnu V1 t, a P10 ADDRESS: 135 E. Cooper Avenue, Lots H and I, and the easterly 5 feet of Lot G,Block 70, City and Townsite of Aspen. ZONING: RMF,Residential Multi-Family. MINOR DEVELOPMENT The procedure for a Minor Development Review is as follows. Staff reviews the submittal materials and prepares a report that analyzes the project's conformance with the design guidelines and other applicable Land Use Code Sections This report is transmitted to the HPC with relevant information on the proposed project and a recommendation to continue, approve, disapprove or approve with conditions and the reasons for the recommendation. The HPC will review the application, the staff analysis report and the evidence presented at the hearing to determine the project's conformance with the City of Aspen Historic Preservation Design Guidelines. 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. If the application is approved, the HPC shall issue a Certificate of Appropriateness and the Community Development Director shall issue a Development Orden The HPC decision shall be final unless appealed by the applicant or a landowner within three hundred(300)feet of the subject property in accordance with the procedures set forth in Chapter 26.316. Staff Response: The work proposed in this application has been shown to HPC in previous worksessions and/or as part of the original project proposal. The applicant wishes to increase the existing connector element from one story with a deck on top, to two stories in order to address circulation issues throughout the living spaces. A skylight is desired on the outbuilding to create additional natural light. The property is at the maximum floor area, including a 500 square foot bonus previously awarded for outstanding preservation effort. The applicant plans to free up floor area for the connector by de-commissioning the existing finished attic space in the historic house. In order to remove that space from floor area calculations,the Zoning Officer will have to find that access to the attic is inconvenient and the area is uninhabitable. The applicant's proposal to reach the attic only by a ladder and hatch may not be adequate. Existing finishes may need to be removed. The proposed floor plans do not explain the applicant's intent. Further review by Zoning would be needed prior to building permit. August 2003 HPC minutes regarding this project indicate that the applicant requested a two story glass connector, which the board did not support due to.visual impacts and the amount of the west wall of the Victorian that would be removed. Revision to a one story connector was requested, and approved as part of the HPC's Conceptual review decision in September 2003. A skylight was shown on the outbuilding during the review, but skylights on the historic resources became a debated item and the proposal for the outbuilding was not approved. The design guidelines that relate to this project have not changed since 2003. Staff finds that they are not met by the proposal. The enlarged connector results in the removal of a substantial 2 area of the west wall of the Victorian deeply recessed down the side of the� and four o ' P 1 1 the historic house. HpC riginal windows. The co historic resource nnector, in the guidelines allowed the connector to be sli WOUId move much closer to hleh is now much lar ' finding that the se ghtlY shorter in ten front of ger link, Staff finds that the revised COs ade length than the 10 historic resource and or do That is ' stated requested today. �'°uld not connector does not in1 not necessarily the case for a make the project likel prove the preservation of this other Options, Guidelines 10.3, Y to receive a floor area bonus i ptions, such as interior remodel,10 7' 10'8' 10.9 The connector does model to ' 10 10, 10.11 and 10 f that were have a deck that allows second c°ncerns With the 1x14 are not met. layout of the livin here are With regard access across it. g space. Bard to the skylight on the compliance with the design carriage house meet guideline 7,3• guideline. The skylight' additional windows is an out of character'night be Proposed in ment that does not DECISION MAKING not The IIpC may: • approve the application, • approve the application • disapprove the application conditions, • continue the application or to make a decision to a to a date certain to obtain additional approve or deny, tonal information necessary RECOA MENDATIO finding that the guidelines•are not Staff inet°mends Minor Dev that elopment approval be denied, Exhibit: Resolution# A D _, Series of 2014 esign Guidelines B. Application 3 P12 Minor Review 91)Design Guidelines,135 E. Cooper AVenue- «Exhibit A.Relevant devices. li hts and other rooftop in an obscure location acts of sky g lane may be considered only ont roof plane is not 7.3 Minimize the visual imp solar panel on a roof Flat skylights that are flush c t ng a skylight or a ❑ F roof. It should be on a historic structure' Lo t the plane of a historic allowed• panel should not interrup ❑ A skylight or solar P eline. positioned below the ridg to interpret the historic character of the 10.3 Design a new addition such that one's ability character of the building is maintained. n appearance inconsistent with the historic also is primary primary building ❑ Anew addition that creates a p than that of the primary building is inappropriate. eri od earlier p ' of the primary building's historic style ❑ An addition that seeks to imply an ate variation inappropriate. 1 an inaccur ❑ An addition that seeks to imply significant features is inappropriate. should be avoided. time.❑ An addition that covers historically sign a product of its own while also remaining to be recognized as p addition fishable from the historic building, 10.4 Design a new made se in material or ❑ An addition should be m the histori c building, a subtle change compatible with these earlier features• t styles are all techniques that may be visually ore curren Y e in setbacks of the addition join ❑ �, change and m construction. define a change from old to new' a differentiatio elbetween historic, main building, considered to help building is preferred• e compatible in o size height ht of the primary 10.6 Design an addition to b set it back addition that is lower than or similar to the heig an a historic building, historic ❑ An adds ��connector" to link it to the to design an addition that is taller t 10.7 If it is necessary use a substantially from significant facades an Primary s between the addition and the p building' . preferred' of 10 feet long ❑ A I-story connector inimum The connector should beam primary building• building• ortional tot c p minimize the The connector also should be prop the front to min haraeter ❑ or set it back from proportions and ucture.and to ailow the original 10.8 Pl aCe an addition at the rear of a building visual impact on the historic st Went. front of a structure is inappropriate,b lding in a basement which will not to remain promi ❑ Locating an addition at the also be located under th ❑ Additional floor area may alter the exterior mass of a building- alter P13 ❑ Set back an addition from primary facades in order to allow the original proportions and character to remain prominent. A minimum setback of 10 feet on primary structures is recommended. 10.9 Roof forms should be similar to those of the historic building. ❑ Typically, gable, hip and shed roofs are appropriate. ❑ Flat roofs are generally inappropriate for additions on residential structures with sloped roofs. 10.10 Design an addition to a historic structure such that it will not destroy or obscure historically important architectural features. ❑ For example, loss or alteration of architectural details, cornices and eavelines should be avoided. 10.11 On a new addition, use exterior materials that are compatible with the historic materials of the primary building. ❑ The new materials should be either similar or subordinate to the original materials. 10.14 The roof form and slope of a new addition should be in character with the historic building. ❑ If the roof of the historic building is symmetrically proportioned, the roof of the addition should be similar. ❑ Eave lines on the addition should be similar to those of the historic building or structure. 5 P14 A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC) DENYING MINOR DEVELOPMENT FOR G35BLOCK 70,CITY AVENUE, AND TOWNSITE OF I, AND THE EASTERLY 5 FEET OF LO , ASPEN, COLORADO RESOLUTION#_, SERIES OF 2014 PARCEL ID: 2735-131-04-003. WHEREAS, the applicant, Chris Pat Aspen LLC, represented by Zone 4 Architects, requested Minor Development approval for 135 E. Cooper Avenue, Lots H and I, and the easterly 5 feet of Lot G,Block 70, City and Townsite of Aspen. The property is a designated landmark; 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 n accord ance dame with t e pros dures to the Community Development Director and approved 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 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, Amy Simon, in her staff report dated January 22, 2014, performed an analysis of the application and recommended that the review standards and design guidelines were not met and recommended denial; and WHEREAS, during a duly noticed public hearing on January 22, 2014, the Historic Preservation Commission considered the application, found the application was not consistent with the applicable review standards and guidelines and denied the application by a vote of_to NOW,THEREFORE,BE IT RESOLVED: That HPC hereby denies Minor Development for the property located at 135 E. Cooper Avenue, Lots H and 1, and the easterly 5 feet of Lot G,Block 70, City and Townsite of Aspen HPC Resolution#_, Series of 2014 135 E. Cooper Page 1 of 2 P15 APPROVED BY THE COMMISSION at its regular meeting on the 22nd day of January, 2014. Jay Maytin, Chair Approved as to Form: Debbie Quinn, Assistant City Attorney ATTEST: Kathy Strickland, Chief Deputy Clerk HPC Resolution# Series of 2014 135 E. Cooper Page 2 of 2 A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC) APPROVING MINOR DEVELOPMENT FOR 947 E. COOPER AVENUE, EAST COOPER COURT CONDOMINIUMS, UNIT E, CITY AND TOWNSITE OF ASPEN, COLORADO RESOLUTION # , SERIES OF 2014 PARCEL ID: 2737-182-52-005 WHEREAS, the applicants, Matt and Kate Holstein, requested Minor Development approval for 947 E. Cooper Avenue, East Cooper Court Condominiums, Unit E, City and Townsite of Aspen, Colorado. The home is located on a property which is landmark designated; 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 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, Amy Simon, in her staff report dated January 22, 2014, performed an analysis of the application and recommended that the review standards and design guidelines were not met, but revisions could be reviewed and approved by staff and monitor; and WHEREAS, during a duly noticed public hearing on January 22, 2014, the Historic Preservation Commission considered the application and granted approval, with conditions, by a vote of_to NOW, THEREFORE, BE IT RESOLVED: That HPC hereby approves Minor Development for the property located at 947 E. Cooper Avenue, East Cooper Court Condominiums, Unit E, City and Townsite of Aspen, Colorado, with the following condition: 1. The french doors installed at the upper floor south deck are approved. The already installed upper floor south and west windows are not approved and must be modified. The applicant shall submit revisions that divide the south and west windows into smaller areas of glass, proportionate to the historic resource and vertical in orientation, to be reviewed and approved by staff and monitor, and shall receive a building permit and complete the work within 180 days of the approval of this resolution. The applicant may HPC Resolution #_, Series of 2014 947 E. Cooper Page 1 of 2 submit revisions to the proposed ground floor windows on the north and east sides of the house, to be reviewed and approved by staff and monitor. APPROVED BY THE COMMISSION at its regular meeting on the 22nd day of January, 2014. Jay Maytin, Chair Approved as to Form: Debbie Quinn, Assistant City Attorney ATTEST: Kathy Strickland, Chief Deputy Clerk I IPC Resolution # , Series of 2014 947 E. Cooper Page 2 of 2