HomeMy WebLinkAboutresolution.hpc.017.2022RECEPTION#: 691935, R: $33.00, D: $0.00
DOC CODE: RESOLUTION
RESOLUTION #17, SERIES OF 202' Pg 1 of 5, 12/08/2022 at 02:08:48 PM
Ingrid K. Grueter, Pitkin County, CO
A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC)
GRANTING FINAL MAJOR DEVELOPMENT APPROVAL FOR THE PROPERTY
LOCATED AT 132 W. HOPKINS,134 & 134 1/2 W. HOPKINS LANDMARK LOT
SPLIT, LOT 2, BLOCK 59, CITY AND TOWNSITE OF ASPEN, COLORADO
PARCEL ID: 2735-124-19-002
WHEREAS, the applicant, Michael R. Berghoff Trust & Kristian Berghoff Trust, represented by
Gretchen Greenwood, has requested HPC approval for Final Major Development for the property
located at 132 W. Hopkins, 134 & 134 1/2 W. Hopkins Landmark Lot Split, Lot 2, Block 59,
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, 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 criteria and recommended approval with conditions; and
WHEREAS, HPC reviewed the project on November 9, 2022. HPC considered the application,
the staff memo and public comment, and found the proposal consistent with the review criteria
and granted approval with conditions by a vote of 5 to 0.
NOW, THEREFORE, BE IT RESOLVED:
That HPC hereby approves Final Major Development for 132 W. Hopkins as follows.
Section 1: Final Major Development
Final approval is granted with these conditions, which include outstanding items carried forward
from Conceptual approval Resolution #5, Series of 2022.
Prior to building permit submission, provide a detailed Preservation Plan depicting existing
exterior conditions on the historic resource, and the planned approach for restoration, to be
reviewed and approved by staff and monitor. In preparation of the plan, examine the existing
porch posts and brackets, siding and all exterior trim to determine whether they are historic.
If they are not, or if elements are missing, include restoration of these features in the
preservation plan and the architectural plans. Refer to the historic photo to count courses of
HPC Resolution #17, Series of 2022
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clapboards and bricks to ensure that the clapboard exposure and chimney reconstruction are
based on historic evidence.
2. Prior to building permit application, provide a detail for the foundation at the historic
resource for review and approval by staff. The detail must show foundation insulation
wrapped with flashing and terminated below grade. The siding must die into a water table,
with approximately 6" of gray concrete foundation exposed below it.
3. Prior to building permit application, provide elevations and a roof plan that depict all exterior
vent or flue penetrations, gutters, downspouts and snow clips for review and approval by
staff and monitor.
4. Prior to building permit application, provide a clarified plan and cut sheets for exterior
lighting for review and approval by staff and monitor. No more than three recessed lights
shall be included on the porch and no more than one sconce shall be allowed adjacent to the
functional entry door.
5. Prior to building permit application, provide a front walkway design for review and approval
by staff and monitor. The front walkway must be no more than 3' wide all the way to the
porch. The material, if it is not gray concrete, must be rectilinear stones.
6. With the building permit application, provide a financial assurance of $30,000 for the
relocation of the historic house until it is safely secured to the new foundation. Provide a
relocation plan detailing how the relocation will proceed and demonstrate the contractor's
qualifications to perform the work.
7. In the building permit application, provide cut sheets for all windows and doors on the
historic resource. All above grade windows and doors on the resource must have a wood
exterior. The fixed doors on the resource must have knobs.
8. In the building permit application, a gravel landscape border at least 6" wide shall be
provided around the perimeter of the historic resource.
9. In the building permit application, the drywell in front of the historic resource must have a
sod lid.
10. Up to a 116.4 sf floor area bonus was granted for the approved design at Conceptual Review.
11. The following setback variations were granted at Conceptual Review, as represented in the
application and below:
a. A 5' rear yard setback is allowed for the addition, on all levels.
b. A west side yard setback of 3' is allowed along segment A, a west sideyard setback of 1'
is allowed along segment B, and a west side yard setback of 4'2" is allowed along
segment C.
c. A 4' east sideyard setback is allowed.
d. The combined sideyard setback is approved to be reduced accordingly.
HPC Resolution #17, Series of 2022
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EX15TING AND PROP05ED FOOTPRINT DIAGRAM
Scale: 1 /4" = 1 -O"
=T SIDE YAKD 5ET5ACK VARIATIONS PROPO ED
S rod[ N/N/eot 1'a•rA �elbau,
Lot Line 5egment W = 3'-0" where 5 feet 15 required both above and below o1rade.
Combined Side Yard 5etback 15 5 feet where 10 feet 15 rdglnred.
Lot Line Segment '5' = I '-0" where 5 feet 15 required both above and below grade.
Combined 5,de Yard Setback 15 G feet where 10 feet 15 required.
Lot boe Segment 'C' = 4'-2" where 5 feet 1,2 required both above and 'velow grader
Combzned 51de Yard 5etback' 15 J feet G 1nche5 where 10 feet 15 revpired.
Lot Line Segment 'D' = 5-0" where 10 feet 15 required -both above and below rade.
Combined 51de Yard Setback 15 15 feet G inche5 where 20�eet 15 required,
12. The property is not in a sidewalk deferred zone. A new sidewalk will need to be installed or
an agreement signed to install a sidewalk at a later date. The applicant will need to
coordinate design with Engineering & Parks Departments to minimize tree impacts.
13. Construction, including the temporary storage of the Victorian during excavation, must
preserve the cottonwood tree in the r.o.w. at the front of the property. Air -spading of a
number of adjacent trees, one-sided pours for the new foundation, and other techniques may
be required by the Parks Department.
14. Once interior demolition is complete, contact historic preservation staff to help investigate
the framing and the chimney for any evidence of alterations to historic locations and design
that can be restored. The final decision on required restoration work is to be reviewed with
the architect and contractor, approved by staff and monitor, and incorporated in a building
permit Change Order, if necessary, before proceeding.
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.
HPC Resolution #17, Series of 2022
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Section 3: Existing Liti ation
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: Severabili
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 Ri llts
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 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: 132 W. Hopkins.
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 he limited as set forth in the Colorado
Constitution and the Aspen Home Rule Charter.
HPC Resolution #17, Series of 2022
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APPROVED BY THE COMMISSION at its regular meeting on the 9ch day of November,
2022.
Approved as to Form:
Approved as to Content:
Katharine Johns , Assistant City Attorney a Thompson, Chai
A ST:
Mi ael Sear, Deputy City Clerk
HPC Resolution #17, Series of 2022
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