HomeMy WebLinkAboutresolution.hpc.009.2021RECEPTION#: 677589, R: $28.00, D: $0.00
DOC CODE: RESOLUTION
Pg 1 of 4, 06/14/2021 at 11:46:07 AM
Janice K. Vos Caudill, Pitkin County, CO
RESOLUTION #09, SERIES OF 2021
A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC)
GRANTING FINAL MAJOR DEVELOPMENT REVIEW AND SETBACK
VARIATIONS FOR THE PROPERTY LOCATED AT 202 EAST MAIN STREET, LOT
1, MAIN STREET VICTORIANS HISTORIC LOT SPLIT SUBDIVISION EXEMPTION,
ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 9, 2012 IN PLAT
BOOK 100 AT PAGE 92, CITY AND TOWNSITE OF ASPEN, COLORADO
PARCEL ID: 2737-073-99-001
WHEREAS, the applicant, 202 E Main St., LLC, represented by Boss Architecture, has
requested HPC approval for Final Major Development and Setback Variations for the property
located at 202 East Main Street, Lot 1, Main Street Victorians Historic Lot Split Subdivision
Exemption, According to the Plat thereof Recorded November 9, 2012 in Plat Book 100 at Page 92,
City and Townsite of Aspen, Colorado; 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.b.2
and 3 of the Municipal Code and other applicable Code Sections. As a historic landmark, the site
is exempt from Residential Design Standards review. 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 Setback Variations, the application shall meet the requirements of
Aspen Municipal Code Section 26.415.110.C, Setback Variations; and
WHEREAS, Community Development Department staff reviewed the application for
compliance with applicable review standards and recommends approval with conditions; and
WHEREAS, HPC reviewed the project on May 12, 2021. HPC considered the application, the
staff memo and public comment, and found the proposal consistent with the review standards
and granted approval with conditions by a vote of 5 — 0.
NOW, THEREFORE, BE IT RESOLVED:
That HPC hereby approves Final Major Development and Setback Variations for 202 East Main
Street, Lot 1, Main Street Victorians Historic Lot Split Subdivision Exemption, According to the Plat
thereof Recorded November 9, 2012 in Plat Book 100 at Page 92, City and Townsite of Aspen,
Colorado as follows:
HPC Resolution #09, Series of 2021
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Section 1: Final Major Development Review
HPC hereby approves Final Major Development and Setback Variations as proposed with the
following conditions:
1.) As required in the Conceptual approval, Resolution #18, Series of 2019, work closely with
staff and monitor regarding the preservation plan and identifying areas for additional
documentation and investigative demolition.
2.) As required in the Conceptual approval, Resolution #18, Series of 2019, provide necessary
agreements from neighboring properties for site excavation stabilization prior to building
permit submission.
3.) As required in the Conceptual approval, Resolution #18, Series of 2019, design curb heights
around the lightwell to be 6" or less, and work with the Building Department and staff to
discuss a flat grate option around the lightwell.
4.) As approved during Conceptual approval, Resolution #18, Series of 2019, a 500 s.f. floor
area bonus is granted.
5.) As required in the Conceptual approval, Resolution #18, Series of 2019, provide financial
assurances of $30,000 for the relocation of the historic home onto a new basement
foundation, to be provided prior to building permit submission. Relocation shall be
performed by contractors who specialize in moving historic structures.
6.) Restudy the landscape plan for the front yard to maintain traditional sod and perennial
conditions and reduce plantings surrounding the front of the historic resource to meet
Design Guidelines 1.12 and 1.13. The final landscape plan to be reviewed and approved by
staff and monitor prior to building permit submission.
7.) Continue to work with all relevant City Departments regarding the stormwater mitigation
plan. Stormwater features shall not create visual impact to the historic resource. Any
changes to be reviewed and approved by staff and monitor prior to building permit
submission.
8.) The preservation approach on the historic resource must be reviewed by staff prior to
building permit to confirm that the front doors and transoms to be preserved are original (if
not, restoration is needed) and to ensure that the chimney is reconstructed to accurate
dimensions.
9.) Provide any new and/or revised venting plans, to be reviewed and approved by staff and
monitor.
10.) Replace the surface mounted light fixture with a recessed fixture in the soffit of the front
porch.
11.) The visual impact of the location of the fire department connection (FDC) hook-up and
strobe must be reviewed and approved by staff and monitor prior to building permit
submission.
12.) The following setback variations are granted for this project:
• 5' setback reduction of the west side yard, above and below grade, for the historic
house, the lightwell, the new addition, and the trash enclosure.
• 2' setback reduction of the east side yard, above and below grade, for the historic
house, the proposed lightwell, and the new addition.
• 5' setback reduction of the rear yard setback for the trash enclosure.
• 3'-10" setback reduction of the east side yard for the proposed condensing unit, as
represented in the application. Any changes to the proposed mechanical
equipment, to be reviewed and approved by staff and monitor.
HPC Resolution #09, Series of 2021
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13.) Conceptual approval included a 500 square foot bonus, but the Final application represents
that only 412 square feet is needed. All calculations will be confirmed during building
permit review. Bonus floor area not used for this project will be forfeited and must be
earned through a future request.
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 LyakiEWL9
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: 202 E. Main Street.
HPC Resolution #09, Series of2021
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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 at set forth in nhe Colorado
Constitution and the Aspen Home Rule Charter.
APPROVED BY THE COMMISSION at its regular meeting on the 120i day of May, 2021.
Approved as to Form:
Kat arine John sdi ,Assistant City Attorney
ATTEST:
es Graham, Deputy City Clerk
Approved as to Content:
Kara Thompson, Chair
HPC Resolution #09, Series of 2021
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