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Home My WebLink Aboutresolution.hpc.011.2022RESOLUTION #11, SERIES OF 2022 A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC) GRANTING FINAL MAJOR DEVELOPMENT REVIEW FOR THE PROPERTY LOCATED AT 312 W HYMAN AVE BLOCK: 46 LOT: P AND: - LOT: Q, CITY AND TOWNSITE OF ASPEN, COLORADO PARCEL ID: 2735-124-64-006 WHEREAS, the applicant, POWEDERDAYSKIING LLC, represented by Jeffrey Woodruff of Cloud Hill Design LLC, has requested HPC approval for Final Major Development for the property located at 312 W Hyman Avenue, Block: 46 Lot: P AND: Lot: Q, City and Townsite of Aspen, Colorado. As a historic landmark, the site is exempt from Residential Design Standards review; 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. 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 July 27, 2022. 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 unanimous vote of 4-0. NOW, THEREFORE, BE IT RESOLVED: That HPC hereby approves Final Major Development, and Setback Variations for 312 W. Hyman, Block: 46 Lot: P and: - Lot: Q, City and Townsite of Aspen, CO as follows: Section 1: FinaI Major Development HPC hereby approves Final Major Development Review for 312 W. Hyman Avenue, Lots P and Q, Block 46, City and Townsite of Aspen, CO with the following conditions: 1. To provide Drainage and Utility Plans with details and the final location of the proposed drain basins, to not conflict with any of the trees propose to maintain, that the drainage design is IIIIIIIIIII�IIIIIIIIIIIIIII�IIIIIIII�IIIIIIIIIIIIIIIIIIIIIIIIIII�IIIIIIIIII HPC Resolution #11, Series of 2022 RECEPTION#: 690143, R: $23.00, D: $0.00 DOC CODE: RESOLUTION Pg 1 of 3, 09/08/2022 at 11:10:39 AM Ingrid K. Grueter, Pitkin County, CO Page 1 of 3 compliant, and other utilities for review and approval by staff and monitor prior to building permit submittal. 2. To provide Roof Plan with detailed the location of gutters downspouts snow clips, vents, mechanical, and all roof penetrations, etc. for review and approval by staff and monitor prior to building permit submittal. 3. To provide a detailed Preservation Plan including documentation of existing conditions and investigation of historic materials for review and approval by staff and monitor prior to building permit submittal. 4. To provide drawings of the chimney for review and approval by staff and monitor prior to building permit submission. Specify final location, height, and all other details related to the chimney, etc. 5. To provide shading at all skylight locations. 6. To provide details on the garage overhangs and window elements for review and approval by staff and monitor prior to building permit submittal. 7. To provide information for all new window layouts and proportions to be reviewed for context and consistency with the existing windows on the main residence and approval by staff and monitor prior to building permit submittal. . 8. The proposed combined side yard setback variance of 7.5' is granted for the property for the non -conforming historic asset. 9. Final material selection will be approved via staff and monitor. 10. Add a 24" maintenance edge at the border of the resource. 11. Review and approval of the details for the final fence design 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: 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 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 HPC Resolution 411, Series of 2022 Page 2 of 3 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: 312 W. Hyman Avenue. 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 27th day of July 2022. Approved as to Form: t Katharine Johnson, sistant City Attorney ATTEST• Mi i Sear, Deputy City Clerk Approved as to Content: Kara Thompson, Chair HPC Resolution 411, Series of 2022 Page 3 of 3