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Home My WebLink Aboutresolution.hpc.009.2022RECEPT ONM 689057, R: $28.00, D: $0.00 DOC CODE: RESOLUTION Pg 1 of 4, 07/19/2022 at 02:04:01 PM Ingrid K. Grueter, Pitkin County, CO RESOLUTION #09, SERIES OF 2022 A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC) GRANTING FINAL MAJOR DEVELOPMENT REVIEW AND A FLOOR AREA BONUS FOR THE PROPERTY LOCATED AT 121 WEST BLEEKER STREET, THE EAST %, OF LOT C, ALL OF LOT D, AND THE WEST % OF LOT E, BLOCK 58, CITY AND TOWNSITE OF ASPEN, COLORADO PARCEL ID: 2735-124-39-003 WHEREAS, the applicant, 121 W Bleeker LLC, represented by 1 Friday Design, has requested HPC approval for Conceptual Major Development, Relocation, Setback Variations and a Floor Area Bonus for the property located at 121 W. Bleeker Street, the East ''/z of Lot C, all of Lot D, and the West %2 of Lot E, Block 58, 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 Floor Area Bonus, the application shall meet the requirements of Aspen Municipal Code Section 26.415.110.F, Floor Area Bonus; 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 June 8, 2022. HPC consideredthe application, the staff memo and public comment, and foundthe proposal consistent with the review standards and granted approval with conditions by a vote of 6 - 0. NOW, THEREFORE, BE IT RESOLVED: That HPC hereby approves Final Major Development and Floor Area Bonus for 121 W. Bleeker Street, the East %zofLot C, all ofLot D,and the West '/zofLotE,Block 58, City and Townsite of Aspen, CO as follows: Section 1: Final Major Development and Floor Area Bonus. HPC hereby approves Final Major Development and Floor Area Bonus as proposed with the following conditions: HPC Resolution #09, Series of 2022 Page 1 of 4 1. The final landscape plan to meet Design Guideline 1.6 with the following revisions for review and approval by staff and monitor prior to building permit submission: the primary walkway to be 3 feet, the flare of the walkway at the curb to be removed, a different material from the primary walkway for the secondary walkways to be used, and a basalt paver patio material approved with a historically compliant hadscape pattern to be reviewed. 2. Submit a preservation plan that includes documentation of existing conditions and proposed treatments for restoration for staff & monitor approval, prior to building permit submission. 3. As required in the Conceptual approval, Resolution # 10, Series of 2021, continue to work with relevant City Departments regarding comments related to the transformer, new water line and the stormwater mitigation plan. Minimize visual impact of stormwater features in the foreground of the historic resource by using an inverted manhole cover concealed within perennial plantings. Finalized stormwater plan to be reviewed and approved by staff & monitor prior to building permit submission. 4. Reduce porch lighting to one fixture and provide location of fire department connection (FDC) hook-up and strobe to staff & monitor prior to permit submission. The FDC is to b e sensitively located and the strobe is to be a white casing. 5. As required in the Conceptual approval, Resolution 410, Series of 2021, the lightwell abutting the historic resource must have a curb height of 6" or less. 6. The approved conceptual design, Resolution 410, Series of 2021, is hereby amended to reflect that the design as presented and approved at conceptual review is granted a rev ised floor area bonus of 250 s.f. 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. 7. As required in the Conceptual approval, Resolution #10, Series of 2021, the following setback variations for the proposed design is granted: • 5' rear yard setback reduction for the addition above and below grade, as represented in the approved application 0 3'-10" east side yard setback reduction for the proposed mechanical equipment • 8'-9" combined side yard setback reduction for the new addition and the mechanical equipment as represented in the approved application 8. 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 foundation. The financial security is to be provided with the building permit application, along with a detailed description of the house relocation approach. 9. Existing wrought iron fence and plantings in the front yard approved to remain in place. 10. If side yard fences need to be removed, new fence must meet all relevant design guidelines, to be reviewed and approved 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 HPC Resolution #09, Series of 2022 Page 2 of 4 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 ab ate ment o f 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 re sult 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 p Ian, 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:121 W. Bleeker 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; th e 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. HPC Resolution #09, Series of 2022 Page 3 of 4 APPROVED BY THE COMMISSION at its regular meeting on the 8th day of June, 2022. Approved as to Form: Katharine John Assistant City Attorney ATTEST: Cindy K ob, Records Manager / City Clerk Approved as to Content: Ka a TWompson, bair HPC Resolution #09, Series of 2022 Page 4 of 4