HomeMy WebLinkAboutminutes.hpc.20140709 ASPEN HISTORIC PRESERVATION COMMISSION
MINUTES OF JULY 9, 2014
Chairperson, Jay Maytin, called the meeting to order at 5:00 p.m.
Commissioners in attendance were Sallie Golden, Willis Pember, John
Whipple and Patrick Sagal. Nora Berko and Jim DeFrancia were absent.
Staff present:
Debbie Quinn, Assistant Attorney
Sara Adams, Senior Planner
Amy Simon, Historic Preservation Officer
Kathy Strickland, Chief Deputy Clerk
MOTION: Willis moved to approve the minutes of June 25th second by
John. All in favor, motion carried.
Brian McNellis talked about the Red Butte Cemetery and its
inappropriateness to have a review in front of City Council without HPC
approval. Brian requested that the HPC submit a letter recommending
denial of the application of the Red Butte proposal for an ADU. The ADU
diminishes the character of the cemetery.
Chris Bendon, Community Development Director said HPC doesn't get
involved in use. City Council is reviewing the use Monday night.
Amy said there are no exterior changes to the proposed ADU building.
Patrick asked that the commission continue to ensure the preservation of
Aspen's character as an historic mining town, early ski resort and culture
center.
John will recuse himself on 435 W. Main Street.
Debbie Quinn said there is a quorum but to proceed three 3 affirmative votes
are required for approval.
435 W. Main Street— Substantial Amendment to Major Development
approval— cont'd public hearing.
Amy said there is an approved design for the parsonage building. Now that
the sanctuary building is up there is concern that the parsonage building will
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take away the view from the view out of the sanctuary. There is now a
gabled element over the entry into the structure. We would like to see a
longer ridge line but it doesn't work well with their program. The footprint
of the project has not changed. We are only looking at a height reduction
and some changes to the materials. Staff supports the gabled roof option and
that the stone be held to the foundation level like it is on the sanctuary. The
design does have a nice relationship to the man building. We are also
suggesting that one set of windows be reviewed by staff and monitor.
Arthur Chabon, architect presented comparisons of the different designs.
What was successful and is carried through all the design is the scale. We
achieved a good relationship between the voids of the cabins. There is a
descending scale of the mass from the sanctuary, parsonage and down to the
cabins. The building is three or four feet away from Main Street and the
interior floor plan is identical as to what was approved.
Chairperson, Jay Maytin opened the public hearing. There were no public
comments. The public hearing was closed.
Exhibit I— Colored rendering
Patrick said the design has morphed from Aspen's character as a mining
town. From the distance of the peak to the gable you would still see the
mountain. Guideline 10.09 flat roofs should be avoided. The horizontal
windows are also not in keeping with the guidelines.
Sallie was seated at 5:30 p.m.
Willis said he is willing to approve this and the design works well. The
same detailing and thickness of the wall on the sanctuary should carry over
to the parsonage. The windows can be worked out with staff and monitor.
Sallie agreed that staff and monitor should take a look at the stone and
windows.
Jay said he also believes staff and monitor can handle the windows and
cladding and I would include the entire building. The approved project
looked like a home and this looks like a mixed use building and that
confuses what is going on. The matching gable works well. I would
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request that staff and monitor look at all the cladding on the building to
make it more like a residence rather than a mixed use building.
MOTION: Jay moved to approve resolution #19 and to change condition #2
that staff and monitor would approve all exterior materials. No second.
Motion died for lack of a second.
Debbie suggested a language change: exterior material to be approved by
staff and monitor.
MOTION: Willis moved to approve resolution #19 as written; second by
Sallie. Roll call vote: Sallie, yes; Willis, yes; Jay, no; Patrick, no.
Jay said Willis wants the stone used at the foundation level of the building to
be reviewed and approved by staff and monitor and mine was to include that
part but expand it to include looking at the entire building exterior.
Willis said if you give them the ability to restudy siding the monitor will get
confused and it will end up coming back to the entire board. If you lessen
the stone it will feel more residential and I propose we approve it as written.
Sallie said if you allow the siding on the entire building to be reviewed again
it is opening up too many problems and you get the same thing
accomplished if we approve it as written.
MOTION: Willis moved to approve resolution #19, 2014 as written; second
by Sallie. Roll call vote: Patrick, no; Jay, yes; Willis, yes; Sallie, yes.
Motion carried 3-1.
301 Lake Avenue — AspenModern negotiation for voluntary landmark
designation, conceptual major development and variances, continued
public hearing.
John was seated.
Debbie Quinn said letters were received regarding this application, one in
particular from Paul Taddune on behalf of the Block's raised an issue of
improper ex parte contacts based on a work session and a site visit by
members of this board. Mr. Taddune did not request that anyone step down.
He did raise the issue that it was arguable an unsalvageable ex parte contact
and I felt it necessary to inquire each member of this commission whether or
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not anything was said or done at the site visit or at the work session that
would keep each of them from being fair and impartial in connection with
the public hearings being held tonight and at the last meeting. Each one
assured me that they could be fair and impartial and make their decision
based upon what is presented at the public hearing. Based upon that there
will be no further discussion about work sessions, site visits and ex parte
contact. There is nothing else that this board can do to resolve the issue.
Amy said the previous meeting was June 11th. Amy said the architect will
give specifics of the project. There are about 300 designated properties in
town out-of 2000 properties. 15% of the lots in town are carrying the honor
for everyone and it is a big responsibility. HPC is here to work with
property owners to make sure we get the best outcome that we can under the
development pressures that we encounter. The preservation program has
been here since the early 70's. Designations were with or without the
owner's consent. Designations from the forties, fifties and seventies are
voluntary only. It is a voluntary discussion and we can either work out an
arrangement that is the best we can do for everyone or they can proceed with
other options for the property. Historic properties have development rights.
The property on Lake Avenue is just over 9,000 square feet and the
minimum lot size in the West End is 6,000 square feet. This is a little bit
bigger than normal and is oddly shaped. There is a house on the lot that was
built in 1972 and designed by Victor Lundy who is considered a very
important modernist. This is the only building in Aspen that he designed.
We would like to see this building remain intact. The building is set on the
west side of the lot and it cannot be moved. The addition is placed on the
alley and it is the only reasonable place to do a project that allows the
applicant to use the development rights. The project does have variances
and most projects in the last 25 years have requested variances.
Amy presented elevations for the public to see regarding site coverage and
the proposed addition and the building envelope. Exhibit I. If this building
was demolished someone could build approximately 4,500 square feet with
two detached structures and they could also land TDR `s and they could
have two garages along the alley. It is unusual to see a one story addition,
usually they are two-story additions. The building is just under the height
limit of 25 feet. The addition is subservient and staff supports the proposal
as designed. The applicant has also made some height reductions since the
last meeting. Council will be the final decision on this project.
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John said if this is demolished there would be no hearing and the ridge line
could be 35 feet tall.
Amy pointed out that the floor area allowed on the lot is 4,094 square feet
above grade. The owner could also acquire 2 TDR's at 500 square feet each.
Derek Skalko, presented 301 Lake Ave.
Derek said this is an unmovable building. We are only touching the south
fagade of the building. We are only requesting removal of the glazing area
that extends out from the masonry wall. If we could move it we would.
North Street and Lake Avenue are the major view planes and we tried to
leave those intact. Our emphasis is on the southern region of the property
which is the alley. The majority of the building is 12.9" tall and it is not a
continuous wall that runs along the alley. The story polls are very clear
defining the property line and where the additional work will be done. We
intend to retain the fire place and we have brought down the height further
which is a concern of the neighbor. Typically there is ten feet separation
from old and new. The Lundy house is 22 feet tall on the highest point the
north elevation and it goes down to 20 feet on the alley. We are also situated
in a hole. We have further reduced the garage height 3 feet and we are
subservient to the neighborhood. Another concern is the sight lines from
Triangle Park. The house was never intended to look out to Triangle Park.
Our building is lower than the children's playground set. We are preserving
Lake Avenue and North Street. There is 23 feet between the neighboring
property. The trash and electrical box are not on the property in the alley.
Mitch said they would still like the discussion with council about the
encroachment into the right-of-way. The addition is a one story. The above
grade square footage is less than the allowable. We are 3,930 above grade
and the allowable for a duplex is over 4,000 square feet.
Derek said in regards to how the square foot ratio works in the City of Aspen
it is essentially exposed vs. unexposed.
Chairperson, Jay Maytin opened the public hearing. Jay reviewed the issues
that were brought up at the last meeting.
Martin Block said he respectfully submitted as a physicist the calculation to
find out what the proposed garage would do in terms of light and air from
my property. The amount is 21.35 degrees of light. The sun rises in the east
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and sets in the west and I am the neighbor on the north south line and on the
west of the property. In the morning I will have 22 degrees of light cut off. I
have submitted violations of city ordinance 28 for the Lundy house.
Gail Block submitted photographs from the south to the HPC. Due to the
various zoning variances requested I feel there is competition among historic
homes surrounding the Lundy house and I feel that staff gives the trophy to
Victor Lundy over Herbert Bayer and the Queen Ann Victorian. We all
need to co-exist happily. There shouldn't be a competition in Aspen. We
are a previously designated historic home in Aspen. I feel that good
setbacks make good neighbors. The way this structure will be built we will
end up with a view that looks like an alley in the commercial core of Aspen.
The characteristic of the West End has not been discussed. We aren't
allowed to build fences that are 15 feet tall but you are allowed to have a 15
foot solid wall in a residential neighborhood. The West End is different than
the East End in terms of setbacks.
Mrs. Block said we have been threatened and were told if we don't approve
of what we are going to do we will simply tear it down and do a duplex.
Paul Taddune said there is a practice in play here and a tradition in play.
The practice is that you come in and ask for as much development as you
can attain and the tradition is that you try to reconcile and harmonize the
relationship of the properties to each other which is not being taken into
account here particularly with regard to the box like garage structure. If you
put a 15 foot structure that has no relationship to the Lundy house what you
will be doing is impeding into the little space light and air of the Block
property. Focusing and harmonization which can occur in this case and we
are only talking about the garage I request you provide your expertise and
try to work toward a solution on that one component. We are all in
agreement that the Lundy house should be salvaged. This design, the box
like structure has no humility. It should be a humble project in relationship
to the Lundy house and it has no humility.
R. Stephen Barry said he came to Aspen in 1946. The Lundy house and its
property surrounding it are certainly clearly worthy of historic designation.
It is a beautiful addition to Aspen's own relics. The pattern with the
addition will convert the green semirural area, the setting into a building. As
it is that setting makes the Lundy house worthy of the historical designation.
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Paul Orville said he came to Aspen in the 60's. I looked at the plans and the
property and walked along the alley. There is no reason at all to accept the
setback for the garage and it is an un-neighborly thing to do. The Block's
should have to give written consent for that variance.
Linda Calitsky said her concerns have already been discussed.
Bill Stirling said he has been involved with a lot of preservation in the West
End and the process is an art and science. It is critical that we preserve
AspenModern because it tells Aspen's story. Incentives are awarded and lot
splits are available. They could do a lot split here but they are not asking for
one. There are a lot of giant trees in back on the Lundy property line. The
vegetation would keep the new structure from have negative impacts on the
Block property. The yard is wild and un-kept but it is not a park. The upper
half of the duplex that was built a few years ago compromises their winter
sun that they used to get. We want the decision to be in the long term best
interest of the community as a whole.
R.J. said he lives in the 1893 Queen Ann Victorian which is designated. I
am a former member of the HPC. Lets not be duped here. The threat is that
they will tear it down if you don't give them these things. HPC has to
weight what it is worth to set a precedent that every other developer can
come in here and say you gave them this and we have to have it too. The
Lundy house is a nice house but if it gets torn down it gets torn down just
like Mrs. Paepcke's house go torn down. They are developers and are not
going to live in this house.
Mrs. Block said she resents being threatened by the three people at the table.
Jay identified the issues:
Setback variance
Mass and scale
140 foot wall on the south side
Impacts on the Block's property
Landscape being part of the historic fabric.
Willis asked Amy to identify what the setbacks are.
Amy said on the west the applicant is providing five feet where ten feet is
required. On the east they are requesting a 0 yard setback where ten feet is
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required. Because this is a single family home instead of two detached
structures or duplex they are subject to a combined side yard where the two
side yards which are ten feet each add up to a larger number they are
providing five feet where 31 feet is required.
Derek said whether it is this scenario or another scenario there will be a wall
of construction on the south. We are at 12.9 in height for 70 % of our
building. We are ten feet under the building height limit. Let say it gets
demolished. We could come back with up to 30 feet in height. We are
strategically trying to push ourselves out of the view plane of the existing
Lundy house and that is why we are to the south of the property.
Mitch Haas said along the alley we have 1.6 setback by the garage and up to
4 feet elsewhere with undulations. We are not having a six foot fence along
the alley. You will have architectural undulations. On Lake Avenue there is
35 feet of landscaped right-of-way between the actual road and our property
line.
Derek said he has met with the Block's on their property twice and I was
only extended kindness. I asked the Block's what would make them happy.
The conclusion would be that the garage move forward on the site or vacate
any kind of structure to the rear of the property. What that means essentially
is vacating 40 feet behind the house to do nothing. In reality some of that
area would be used. One of the driving reasons we have not gone to the
front of the property is from the standpoint of the Parks and Engineering
Department. They are very protective about the vegetation off the right-of-
way along the north side of the property. Adding another garage at a three-
way stop would not be approved. They referred us back to the land use code
and said there is an alley and that is what they are for, to use it for your
garage and service utilities.
Exhibits:
I. Letters
II. Paul Taddune's letter
III. Additional letters
IV. Colored photographs submitted by Gail Block
V. Amy's elevations
Patrick said he is only talking about setback, mass and scale. The setback
from the Block's property is 5 feet and the building height has been reduced.
If the Lundy house was torn town it could be 10 feet and they could building
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a 25 foot high house and that would block all their light. From the Block's
back yard there is a pine tree that would take out most of the light anyway.
With the reduction of mass and scale the application is appropriate.
John said the height of 12'9" is very respectful. If this home is not
preserved in some manner there will be a double loss of sunlight to you. I
got involved with this commission to preserve structures and my charge is
what is going to be here in 50 years. If we don't preserve this structure now
it won't be there. The incentives will be handled by City Council.
Willis suggested a ten foot setback between the Block's and that dimension
would not kill the project. To see a zero setback at the east and south east
corner particularly could be addressed. The articulation of the walls is busy
compared to the Lundy house. The northeast corner of the master bedroom
is the tipping point for cutting off site lines.
Sallie said she is in support of staff's recommendation. The route taken
keeping everything back is a good design and the most sympathetic design.
Regarding the triangle point it should be decided by City Council. In reality
something much bigger could go there. The gain of saving the Lundy house
offsets the loss that some of the neighbors might get.
Jay said the alley side is really the back yard. Preservation additions should
go in the back yard. Because the house is not physically movable you have
to work with what you have. Not one person thanked the applicant for
reducing the height, mass and scale of the building. The building is a one
story addition and is respectful of the neighbors and the historic resource.
The foliage that creates the border of the alley makes it different than the
actual condition that is there. If you removed the shrubbery that is
overgrown and encroaching into the alley it would be like another lane a car
could drive down in some places. Our job is to look at this project and how
it affects the historic resource and the neighborhood that it is in. The
structure as proposed is a good outcome. I went to the site and the impact
that was implied to the Block's was blown out of proportion a little bit.
There is so much foliage between the two homes. I struggle with the garage
but support the cantilever system into the public right-of-way. This project
basically preserves the primary facades of the property with the landscape
design. The alley is the place we should be removing trees and building
additions. If you moved this addition to another spot on the property you
would change the streetscape more than this does. As far as view, sun and
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sight there are only a few protective view planes in the city and none of them
are near this area. By bringing the garage down to 12'9" is something that
should be celebrated and not discouraged. The design is a great way to
preserve the Victor Lundy home and preserving the primary facades of it
and the landscape.
MOTION: Jay moved to approve resolution #20, 2014 and strike out part of
condition #4; second by John. Roll call vote: Patrick, yes; John, yes; Willis,
no; Sallie, yes; Jay, yes. Motion carried 4-1.
28 Smuggler Grove Road — Conceptual Major Development, floor area
bonus, setback variances, parking waiver, demolition of non-historic
additions, relocation, residential design standard variance, public
hearing
Exhibit I —Affidavit of posting
Sara Adams said overall we are recommending continuation of the project.
The project is for two detached single family homes. 28 Smuggler Grove
was designated in 2008. We feel there should be a 10 foot connector
between the homes instead of the 9 1/2 foot that is proposed. A ten foot
connector is necessary in order to push a two story addition far enough
behind the one story historic home to have it subservient. We all recommend
that the applicant look at reducing the width of the addition to help it be
subservient to the landmark. The proposed new home needs a common
thread between the new proposed architecture and the historic home. The
applicant is requesting demolition approval to the non-historic addition to
the rear of the home which we are supportive of. They are also requesting
relocation of the historic home and we are supportive of that. They are also
requesting a 500 square foot FAR bonus. There are some changes that need
to occur in order to get the bonus. The front porch was removed and could
be reconstructed. They are also requesting setback variances and staff is
supportive of those variances. The size and shape of the lot make it difficult
to gain a 25 foot setback. They are also requesting a waiver of one parking
space. Because there are two single family homes they are required to have
two parking spaces per home. Right now there is no on-site parking and
there is no alley access. They are proposing three parking spaces and
request the waiver of one and staff is supportive of that.
John Rowland, Sarah Upton, Brian Rubenstein presented.
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Sarah said the clients vision is to separate all of the allowable square footage
into two modest homes that could fit onto the site. We will preserve the
historic structure and remove the addition on the back. It sits squarely in the
center of the lot and our intent is to push it over to the east and provide
enough breathing room in between the two structures. The historic resource
houses the living room, office and entry area. The linking element is
comprised of a dining room. The addition includes a kitchen and a stair to
get to the addition on the back.
Sarah said the new house has a garage and parking for one additional car. It
has a front porch and a master suite that encompasses the rear of the house.
The setback on the sides are ten feet for each side and our request is that we
be allowed to use the five foot utility easement that exists on either side of
the lot as our setbacks and we will push the window wells up to the utility
easement. In reality the mass of the building is 7'9" back from the property
line. The area where we are requesting a side set variance on the historic is
the corner of the house and the window well to get natural light into the
basement. On the driveways we discussed with Engineering that typically
only one curb cut is allowed and if we were to have one shared driveway for
this entire lot the cars would be forced to park in between the new and old
home and would create a parking lot effect that would detract from any
prominence given to the historic resource. Engineering has said they will
allow two separate curb cuts. The new house has a basement with two guest
suites and a family room, powder room and laundry. On the mail level there
is the master suite, garage, entry and guest suite. Upstairs there is the
kitchen dining area with views to Smuggler and a back deck and a living
room.
John Rowland presented new elevations - Exhibit II
John said the floor plans have not changed with the exception of a stair.
Sarah said the rationale for the setbacks are that the lot is very shallow and
our intention is to provide as much prominence to the historic resource as
possible. We are requesting a variance 7.8 back to the property line where
25 is required. The resource has a very long front gable element that is
uncommon and we want to give it prominence to view as you come down
Smuggler Grove Road. We are also requesting a front variance on the new
house but it is modest. 25 feet is required and we are providing 17 feet. We
are changing the proportion of the two story mass in back of the historic
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house. Most of the changes can be seen in the roof plan and elevations. The
stair to the roof deck has been moved to the west side. The decks have been
reduced in size 15% of the allowable. Our intent is to restore the historic
house to its original condition as much as possible. We will look at the
windows and determine what was there. The chimney has been removed
from the two story addition. Almost every house on Smuggler has gable
ends so we feel this house fits into the neighborhood. The existing condition
this property currently generates is five on-street parking spots. Our goal is
to alleviate some of that but not to the detriment of the historic house. It is
our intent to retain the large tree.
Chairperson, Jay Maytin opened the public hearing.
Michael Hoffman, attorney
Michael said he represents Tom and Diane Whitehead, Steve Hach and
Marty Ames. Letter— Exhibit III
Michael said the neighbors do not object to the preservation of the resource
and they don't object to the re-development of the property. They have
objections to the parking and setback variances requested. There are two
subdivision on either side of this street, East Meadow and Jukati and they
were established in the late 60's. The street was deeded to the owners of the
parcels as a private right-of-way. The driving surface is extremely narrow,
around 17 feet in width. If everyone parked on the street we would be left
with a one lane road. Even the loss of one off-street parking space has an
impact and we ask that you not grant that waiver. The other concern are
the setbacks. This property was in the county and annexed into the city in
1987. At that time it was zoned RI 5A and it is a sub-urban zone district.
The front setback requirement is 25 feet and the city has consistently
enforced that setback requirement. It would be a violation of that fabric to
allow this setback variance request.
Steve Hach said he lives across the street and there have been 6 renovations
and we have not protested any of them. We realize things change. When
you have the two structures and maintain the tree there will be no visibility
between the two properties because the tree is too large. It will look like one
structure to the lot line. The majority of us park our vehicles on our own
property.
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Marty Ames said the street is very deceptive. The fences on the north side
were pulled back to allow for parking on our properties. The deeded
easement is for 8 lots that share the egress and ingress. The blue spruce tree
will impede the view of the historic structure.
Mr.Buff, said he owns 43A next door to Marty Ames and he will be doing
the snow plowing. We do have a parking issue and the street is narrow. The
house has been a rental and has had a lot of traffic. In the winter the street
gets really crowded.
Letter from Richard Conant— 55 Smuggler Grove — Exhibit IV
Sara Adams entered the letter. Mr. Conant is strongly opposed to the project
and in reality it is a lot split.
Chairperson Jay Maytin closed the public comments.
Michael Smith, owner
Michael pointed out that 73 Smuggler Grove in 1972 was granted variances
to that house for front setbacks. Setbacks are not precedent on Smuggle
Grove.
John Rowland said we might be able to move the two houses closer and then
the connection would be less than ten feet. We acted to what we though
was a good plan. The street is a quirkily and fun street and good vibe.
Jay identified the issues:
Setback
Parking
New plans
Jay said staff has not had a chance to review the plan and it is his
recommendation to continue the hearing.
Patrick suggested the owners go to the city and request no parking on that
street and that might be something to consider.
John said the changes are good and the neighborhood is going in the right
direction.
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Willis said the setback and parking and the two things the public cares
about.
Michael said this might be a good opportunity for the City, neighbors and
applicant to sit down and figure out the parking.
Willis suggested John Rowland show plans of the implications with parking
two cars on each property and what does that do to the resource etc.
MOTION: Jay moved to continue 28 Smuggler Grove Road until August
6th; second by Patrick. All in favor, motion carried.
MOTION: Willis moved to adjourn, second by Patrick. All in favor,
motion carried.
Meeting adjourned at 9:15 p.m. - - - -
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Kathleen J. Strickland, Chief Deputy Clerk
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