HomeMy WebLinkAboutresolution.hpc.012.2021RECEPTION#: 680066, R: $23.00, D: $0.00
DOC CODE: RESOLUTION
Pg 1 of 3, 09/01/2021 at 11:37:37 AM
Janice K. Vos Caudill, Pitkin County, CO
RESOLUTION #12, SERIES OF 2021
A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC)
GRANTING MINOR DEVELOPMENT REVIEW FOR THE PROPERTY LOCATED
AT 930 KING STREET, LOT B, NO PROBLEM JOE SUBDIVISION EXEMPTION, AN
HISTORIC LOT SPLIT, ACCORDING TO THE SUBDIVISION EXEMPTION PLAT
RECORDED MAY 17, 1999, IN PLAT BOOK 49, AT PAGE 83 OF THE RECORDS OF
PITKIN COUNTY, CITY AND TOWNSITE OF ASPEN, COLORADO
PARCEL ID: 2737-073-86-002
WHEREAS, the applicant, 930 King Street LLC, represented by BendonAdams, has requested
HPC approval for Minor Development for the property located at 930 King Street, Lot B, No
Problem Joe Subdivision Exemption, an Historic Lot Split, According to the Subdivision
Exemption Plat recorded May 17, 1999, In Plat Book 49, at Page 83 of the records of Pitkin County,
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 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 City of Aspen Historic Preservation Design Guidelines per Section 26.415.070.0 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, 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 August 11, 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 Minor Development for 930 King Street, Lot B, No Problem Joe
Subdivision Exemption, an Historic Lot Split, According to the Subdivision Exemption Plat recorded
May 17, 1999, In Plat Book 49, at Page 83 of the records of Pitkin County, City and Townsite of
Aspen, CO as follows:
Section 1: Minor Development Review.
HPC hereby approves Minor Development Review as proposed with the following conditions:
HPC Resolution #12, Series of 2021
Page 1 of 3
1. Restudy the porch roof material, and match profile and pitch of the roof to historic conditions,
to be reviewed and approved by Staff & Monitor prior to building permit submission.
2. Restudy the glass railing around the upper deck so it does not terminate into the historic roof
and meets building code requirements, to be reviewed by Staff & Monitor prior to building
permit submission.
3. Work closely with relevant City Departments regarding work in the dripline of trees.
4. Provide drainage capacity calculations for the pervious pavers to the Engineering Department
at building permit. Any visually impactful changes must be reviewed and approved by Staff &
Monitor.
5. Provide a F-0" gravel border around the base of the historic resource and a final planting
schedule for Staff & Monitor review prior to building permit submission.
6. Provide a preservation plan outlining area for repair, to be reviewed and approved by Staff &
Monitor prior to building permit submission.
7. Restudy fenestration changes on the west elevation for staff and monitor review.
8. Explore relocation of the existing vent at the front of the historic resource with 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 Riehts
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.
HPC Resolution #12, Series of 2021
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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: 930 King Street
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 1 I1h day of August, 2021.
Approved as to Form:
Katharine Job Assistant City Attorney
ATTEST:
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Cindy K ob, Records Manager
Approved as to Content:
mar Thompson, Chair
HPC Resolution #12, Series of 2021
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