HomeMy WebLinkAboutresolution.hpc.027-2020RESOLUTION #27, SERIES OF 2020
A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION
GRANTING CONCEPTUAL MAJOR DEVELOPMENT REVIEW INCLUDING
RELOCATION AND A SETBACK VARIATION FOR THE PROPERTY LOCATED AT
423 N. SECOND STREET, LOTS F, G, H AND 1, BLOCK 41, CITY AND TOWNSITE
OF ASPEN
PARCEL ID: 2735-124-14-003
WHEREAS, the applicant, Smuggler FB3, LLC, P.O. Box 2097, Naples, FL 34102, represented
by Bill Guth and Ro Rocket Design, has requested HPC approval for Conceptual Major
Development, Relocation and a Setback Variation for the property located at 432 N. Second
Street, Lots F and G, H and I, Block 41, City and Townsite of Aspen; 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, HPC must 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; and
WHEREAS, for approval of Relocation, the application shall meet the requirements of Aspen
Municipal Code Section 26.415.090.C, Relocation of a Designated Property; and
WHEREAS, for approval of Setback Variations, the application shall meet the requirements of
Aspen Municipal Code Section 26.415.110.C, Setback Variations; and
WHEREAS, upon review of the application, a staff analysis report, evidence presented at the
hearing and public comments, HPC may approve, disapprove, approve with conditions or
continue the application to obtain additional information necessary to make a decision.. At their
hearing on December 16, 2020, HPC found the application to be consistent with the review
standards and granted approval with conditions by a vote of 4 to 1.
NOW, THEREFORE, BE IT RESOLVED:
Section 1: Approvals
HPC hereby approves the proposed project with the following conditions:
1. A rear yard setback variation is granted to allow the structure to sit within 5' of the rear lot
line, above and below grade.
2. As part of the approval to relocate the historic house on the site, the applicant will be
required to provide a financial security of $30,000 until the house is set on the new
IIIIII IIIIIIIIII IIIII IIIII IIIII IIIII IIII II IIII IIIII IIIII IIIIIIIII IIIII IIII
RECEPTION#: 672889, R: $18.00, D: $0.00
DOC CODE: RESOLUTION
Pg 1 of 2, 0112512021 at 02:18,27 PM
Janice K. Vos Caudill, Pitkin County, CO
HPC Resolution #27, Series of 2020
Page 1 of 2
foundation. The financial security is to be provided with the building permit application,
along with a detailed description of the house relocation approach.
3. A development application for a Final Development Plan shall be submitted within one (1)
year of 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 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.
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 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: Existine Litieation
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 16th day of December,
2020.
AE
d as to Form•
e JoAssistant City Attorney
ATTEST:
Wes Graham, Deputy City Clerk
ApCet:
Gretq Greenwo air
HPC Resolution #27, Series of 2020
Page 2 of 2