HomeMy WebLinkAboutresolution.hpc.008.2021RESOLUTION #8, SERIES OF 2021
A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION
GRANTING FINAL MAJOR DEVELOPMENT APPROVAL FOR THE PROPERTY
LOCATED AT 211 WEST HOPKINS AVENUE, LOTS F AND G, BLOCK 53, CITY
AND TOWNSITE OF ASPEN
PARCEL ID: 2735-12 t-63-003
WHEREAS, the applicant, Matt Joblon, 205 S. Detroit Street , Suite 400, Denver, CO 80206,
with the consent of property owner Vaughan Capital Partners, LP has requested HPC approval
for Final Major Development for the property located at 211 W. Hopkins Avenue, Lots F and G,
Block 53, 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 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.4 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, Planning Director, recommended approval with conditions; and
WHEREAS, after review of the staff analysis report, the application, evidence presented at the
hearing, and public comments on April 14, 2021, HPC found the application to be consistent
with the review standards and granted approval with conditions by a vote of 4 to 0.
NOW, THEREFORE, BE IT RESOLVED:
Section 1: Aoorovals
HPC hereby grants Final Major Development approval for 211 W. Hopkins Avenue with the
following conditions:
1. Per Council Ordinance #22, Series of 2020, which designated the property historic under the
criteria for AspenModem, the following benefits have been granted for the approved
redevelopment of the property
Tree Removal Fee Waiver
Granting of tree removal permits and waiver of all tree mitigation fees.
HPC Resolution #8, Series of 2021
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Expedited Permit Review
The building permit shall be subject to expedited building permit review consistent with the
Building Department's adopted procedure.
Floor Area Bonus
A floor area bonus of 135 square feet of enclosed space and 19 square feet to be used for
larger outdoor decks is approved. '
Setback Variation
A rear yard setback reduction of 2', allowing the new residential unit to be 8' from the rear
lot line on all floors is approved.
2. During review of Ordinance #22, Series of 2020, the applicant was asked by Council to
install an interpretive sign describing the history of the property. The applicant has agreed to
do so and represented a design in the final review packet. This sign shall remain in place in
perpetuity unless modified by approval of the HPC. Staff must review and approve the
content of the sign before fabrication to ensure accuracy.
3. Per HPC Resolution #25, Series of 2020, as part of the approval to relocate the 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 foundation. The financial security is to be provided with the building permit
application, along with a detailed description of the house relocation approach.
4. Per HPC Resolution #25, Series of 2020, as part of building permit review, the applicant
shall address the following referral comments to the satisfaction of the respective
Departments.
Parks:
The new water line is to be installed under where the front walk is now located to minimize
impacts to the spruce and aspen in the front yard. A site visit with the Forester is needed prior
to this installation so he can direct the best route for the tree roots.
A tree permit must be issued for all removals. This permit will call out specifics for the
dripline excavation for the trees at the front of the property.
No trees in the right-of-way on West Hopkins are approved to be removed.
The impact of the project on the driplines of neighbor's trees will need to be considered.
Some neighboring trees might need to be removed. The applicant will be required to provide
the Forester with a letter from the trees' owners saying they accept the impacts and risks to
their trees. The applicant may need to treat impacted trees with growth regulating hormones
and trunk injections for bark beetle protection.
Engineering:
The proposed drywell must be 10' from the neighboring property. A Geotech or structural
engineer must supply a stamped letter stating the drywell within 10' of the proposed structure
and existing cabin foundation will have no adverse effects.
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At building permit the project may be required to detach the existing sidewalk and install a
new sidewalk with a 5' landscape buffer between the curb and sidewalk. The neighboring
property to the west has a current building permit and may detach their portion of the
sidewalk depending on existing tree constraints. If this happens the sidewalk at 211 W shall
also be detached.
At building permit the project will need to determine the water service line size and
configuration for the two buildings. Currently two service lines are proposed per sheet L300.
The water service line on the east runs under the dripline of the large spruce tree. The
excavation that close to the tree trunk will most likely kill the tree. This needs further vetting.
Foundation drywells are proposed in close proximity to the east spruce tree. Excavation
cannot take place within the dripline of the tree. It needs to be shown excavation can take
place to accommodate the foundation drywells without adversely affecting the tree.
5. Study the front walkway to replicate what currently exists and/or the historic design if more
information is found, for review and approval by staff and monitor prior to building permit
submittal.
6. Mechanical equipment and amenities that are proposed to sit in the yards will require further
vetting at building permit review regarding allowed features in yards.
7. Design the a/c unit on the west side of the Pan Abode to be minimized, for instance by
setting it into the ground to the extent possible, for review and approval by staff prior to
building permit submittal.
8. All exterior mechanical units are required to operate below the decibel levels established in
the City's noise ordinance when measured from property lines, to be confirmed at building
permit.
9. All lightwells must be capped with low profile grates. The curb around the lightwells must
also be only the minimum necessary for function; no more than 6" above the surrounding
grade.
10. Prior to permit submittal, the applicant must submit cut sheets for the original windows
which are to be put back in place once the rear addition is removed, for review and approval
by staff.
11. During construction, staff must review and approve any original Pan Abode logs which are
proposed to be replaced due to deterioration and staff must also review and approve test
patches to study the appropriate technique for stripping the non -historic paint off of the logs.
12. Prior to building permit submittal, provide further information about the roof plan to identify
flashing material, the snow stop specification, and the location of all vents, for review and
approval by staff.
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13. Prior to building permit submittal, provide further information about the proposed
modification of the existing chimney on the Pan Abode, minimizing the public visibility
of the new outdoor fireplace insert, for review and approval by staff and 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 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.
Section 5: Vested Rights
The development approvals granted herein shall constitute a site -specific development plan
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, 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 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: 211 W. Hopkins Avenue.
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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 14th day of April,
2021.
Approved as to Fonn: > Approved as to Content:
Katharine Joh , Assistant City Attorney ara Thompson, Chair
Z
ST:
es Graham, Deputy City Clerk
HPC Resolution #8, Series of 2021
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