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Home My WebLink Aboutresolution.hpc.007.2022RECEPTION#: 688463, R: $28.00, D: $0.00 DOC CODE: RESOLUTION Pg 1 of 4, 06/21/2022 at 11:34:50 AM Ingrid K. Grueter, Pitkin County, CO RESOLUTION #7, SERIES OF 2022 A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION GRANTING MAJOR DEVELOPMENT REVIEW, RELOCATION, DEMOLITION, AND VARIATION APPROVAL, AND RECOMMENDING CITY COUNCIL GRANT ASPENMODERN HISTORIC DESIGNATION AND BENEFITS, TDR, SUBDIVISION, AND GROWTH MANAGEMENT FOR THE PROPERTY LOCATED AT 949 W. SMUGGLER STREET, LOT 2, VANDEMOER HILL LOT SPLIT, CITY AND TOWNSITE OF ASPEN, COLORADO PARCEL ID: 2735-122-12-003 WHEREAS, the applicant, Vandemoer Family, Inc., c/o Chris Vandemoer, P.O. Box 668, Sterling, Colorado 80751, has requested review of AspenModern Historic Designation and Benefits, Major Development, Relocation, Demolition, Variations, TDR, Subdivision and Growth Management for the property located at 949 W. Smuggler Street, Lot 2, Vandemoer Hill Lot Split, City and Townsite of Aspen, Colorado, PID 2735-122-12-003; and WHEREAS, the proposal has been deemed to be exempt from the applicability of Ordinance #27, Series of 2021 and Ordinance #6, Series of 2022, ordinances which generally placed a temporary moratorium on residential development, and has been allowed to proceed because land use applications involving voluntary AspenModern landmark designation are specifically permitted to be processed at this time; and WHEREAS, the application was deemed to be complete on March 31, 2022 and is to be reviewed according to the land use regulations in affect prior to the adoption of Ordinance #27, Series of 2021. The date of completeness commenced a code mandated 90 day period for the City to negotiate historic designation with the property owner, which may be extended; and WHEREAS, the AspenModern designation process is described at Section 26.415.025 and Section 26.415.030 of the Municipal Code and allows for City Council approval of site specific benefits to secure voluntary historic designation; and WHEREAS, for approval of Major Development, 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 of the Municipal Code. In the case of this project, HPC must also apply the Residential Design Standards of Section 26.410.040 to proposed new construction. 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 Relocation, HPC must find the application meets the requirements of Aspen Municipal Code Section 26.415.090.C, Relocation of a Designated Property; and WHEREAS, for approval of Demolition, HPC must find the application meets the requirements of Aspen Municipal Code Section 26.415.080.A, Demolition of historic properties; and HPC Resolution 0, Series of 2022 Pagel of 4 WHEREAS, for approval of Setback Variations, HPC must find the application meets the requirements of Aspen Municipal Code Section 26.415.110.C, Setback Variations; and WHEREAS, to recommend Council approval of a TDR, HPC must find the application meets the requirements of Aspen Municipal Code Section 26.535.070, Transferable Development Rights; and WHEREAS, to recommend Council approval of Subdivision, HPC must find the application meets the requirements of Aspen Municipal Code Section 26.480.070, Major Subdivision; and WHEREAS, to recommend Council approval of a Growth Management allotment, HPC must find the application meets the requirements of Aspen Municipal Code Section 26.470.080 and 26.470.100, Planning and Zoning Commission Growth Management review; and WHEREAS, Community Development Department staff reviewed the application for compliance with applicable review standards, sought referral comments from other City Departments with requirements relevant to the proposal, and recommended approval with conditions; and WHEREAS, HPC reviewed the project on April 13, 2022, April 27th, 2022 (site visit), and May 11, 2022, considered the application, the staff memo and public comments, and found the proposal consistent with the review standards. HPC supports the voluntary designation of this property as one of the best and most intact examples of a Chalet in Aspen. This is likely among the first buildings constructed here after World War II and is therefore particularly illustrative of the early spirit of the ski resort. HPC granted approval for Major Development, Relocation, Demolition, and Variations and recommended Council approval of AspenModern designation and Benefits, TDR, Subdivision and Growth Management, with conditions, by a vote of 6 to 0, with one abstention. NOW, THEREFORE, BE IT RESOLVED: Section 1: Approvals HPC supports the application and hereby states the following conditions: 1. HPC recommends that designation will affect the entire property; Parcel A, the Chalet lot and Parcel B, the corner lot. As such, future development of Parcel B is subject to HPC Major Development Review and Residential Design Standards Review. 2. A full waiver of compliance with the Residential Design Standards is recommended for the new home on Parcel A, the Chalet lot, as a negotiated benefit. This house is not designed to relate to Smuggler Street and its character as an alley/back-drop structure is appropriate. 3. HPC recommends the applicant comply with slope reduction on Parcel A, the Chalet lot, rather than asking for a preservation benefit on this topic. HPC Resolution #7, Series of 2022 Page 2 of 4 4. HPC finds that the fence near the entry to the Chalet home is original and historically significant and should remain in place (with maintenance and repair as needed) and should be granted a permanent encroachment license to sit in the public right-of-way. 5. The applicant is asked to continue their excellent regular maintenance of the Chalet and to work closely with the Parks Department to preserve the significant trees adjacent to the home, while also taking note of the impacts of the tree roots and branches continually moving towards the historic structure. 6. For relocation of the chicken coop, a letter from an engineer or housemover demonstrating the structure is capable of withstanding the relocation, a plan for the safe relocation of the building, and a financial assurance in the amount of $15,000 will be required prior to building permit submission. 7. Setback variations are approved on Parcel A, the Chalet lot, for the "chicken -coop" and the proposed new home along the alley. The chicken -coop is permitted a 5 foot east setback where it should have 10 feet. The new house along the alley is permitted a 5 foot rear setback rather than the 10 feet required for proposed below grade space, a second floor deck, and a lightwell. 8. A combined sideyard of 15 feet is permitted on Parcel B, the corner lot, where 25 feet is required. A 30' front yard setback is required, only above grade. These requirements may be adjusted by an affirmative vote of HPC at the time that development is proposed. 9. HPC recommends one TDR be approved for Parcel B, the corner lot, and that the applicant thereafter forgo 30 square feet of otherwise allowable floor area and restrict the lot to the development of a single- family home of 3,240 square feet. A duplex or other residential structure is only permitted if this condition is amended by City Council. 10. HPC recommends the applicant withdraw the request for deferral of affordable housing mitigation on Parcel A, the Chalet lot, as a preservation benefit. 11. HPC recommends the negotiation of affordable housing mitigation requirements on Parcel B, the corner lot, be left to Council to resolve in their negotiation with the applicant. 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: Existing Litigation 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 HPC Resolution #7, Series of 2022 Page 3 of 4 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 1 I1hh day of May, 2022. Approved as to Form: Katharine Jobdsgfi, Assistant City Attorney ATTEST: M iVAei4 ❑e uty City Clerk Approved as to Content: Kara Thompson, HPC Chair HPC Resolution #7, Series of 2022 Page 4 of 4