HomeMy WebLinkAboutresolution.hpc.012.2022RESOLUTION 912, SERIES' OF 2022
A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC)
GRANTING FINAL MAJOR DEVELOPMENT REVIEW FOR THE PROPERTY
LOCATED Al' 233 WEST BLEEKER STREET, LOTS A, B, AND C, BLOCK 51, CITY
AND TOWNSITE OF ASPEN, COLORADO
PARCEL ID: 2735-124-40-001
WHEREAS, the applicant, 233 West Bleeker Lots ABC LLC, represented by BendonAdams,
has requested HPC approval for Final Major Development for the property located at 233 West
Bleeker Street, Lots A, B, and C, Block 51, 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, 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 10, 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 vote of 3-0.
NOW, THEREFORE, BE IT RESOLVED:
That HPC hereby approves Final Major Development Review for 233 West Bleeker Street, Lots A, B,
and C, Block 51, City and Townsite of Aspen, CO as follows:
Section 1: Fin ai iNla� or Develument Review.
HPC hereby approves Final Major Development, Relocation, Setback Variations and Floor Area
Bonus as proposed with the following conditions:
1.) Continue communications with all relevant City Departments to achieve a compliant
stormwater mitigation plan and site drainage plan that also meets Design Guideline 1.8.
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RECEPTIONM 690151, R: $23.00, D: $0.00
DOC CODE: RESOLUTION
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Ingrid K. Grueter, Pitkin County, CO
HPC Resolution #12, Series of 2022
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Any changes to the proposed stormwater mitigation plan will require staff & monitor
approval prior to building permit submission.
2.) Work with City staff on the Preservation Plan and revise information about the resources
as exploratory demolition moves forward. This document is considered an iterative
document that helps guide and document the restoration efforts.
3.) Provide cutsheets of stone paver material for staff & monitor approval prior to
installation.
4.) Provide location of fire department connection (FDC) hook-up and strobe to be reviewed
for visual impact by staff and monitor.
5.) Snow stops and new penetrations on the historic resources must be visually minimal and
approved by staff & monitor.
6.) As required in the Conceptual approval, Resolution #03, Series of 2022, a 500 s.f. Floor
Area Bonus was granted for the approved design. 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 #03, Series of 2022, the following
setback variations for the proposed addition is granted:
2' west side yard setback reduction for the historic bay window.
8.) As required in the Conceptual approval, Resolution #03, Series of 2022, 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.
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
HPC Resolution #12, Series of 2022
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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: 233 West 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; 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 101h day of August, 2022.
Approved as to Form: Approved as to Content:
Katharine John ,
Assislanl Cily Mlorney
ATTEST:
Mike`S'edr, Deputy City Clerk
Roger Moyer,
Appuiuled Telnpurtiq'Chair
HPC Resolution #12, Series of 2022
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