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HomeMy WebLinkAboutagenda.hpc.20150408 AGENDA ASPEN HISTORIC PRESERVATION COMMISSION REGULAR MEETING April 08, 2015 5:00 PM City Council Meeting Room 130 S. Galena St. 130 S Galena Street, Aspen I. SITE VISITS A. Please visit 211 E. Hallam, 135 E. Cooper, and award candidates on your own. II. INTRODUCTION (15 MIN.) A. Roll call B. Approval of minutes HPC minutes 3/11/15 C. Public Comments D. Commissioner member comments E. Disclosure of conflict of interest (actual and apparent) F. Project Monitoring G. Staff comments H. Certificate of No Negative Effect issued I. Submit public notice for agenda items III. OLD BUSINESS A. 211 E. Hallam Street- Referral comment on tree removal request (5:10) B. 211 E. Hallam Street- Aspenmodern Negotiation For Voluntary Landmark Designation, Conceptual Major Development, On-Site Relocation, And Variances, CONTINUED PUBLIC HEARING (5:30) C. 135 E. Cooper- Minor Development, CONTINUED PUBLIC HEARING (6:30) IV. NEW BUSINESS A. 101 W. Main Street aka Molly Gibson and Lot 2 of 125 W. Main St. Historic Landmark Lot Split– Planned Development Detailed Review, Final Major Development, and Commercial Design Final Review, CONTINUE PUBLIC HEARING TO 5/27 B. Selection of annual HPC Awards (7:15) V. ADJOURN Next Resolution Number: Resolution #12, 2015 TYPICAL PROCEEDING- 1 HOUR, 10 MINUTES FOR MAJOR AGENDA ITEM, NEW BUSINESS Provide proof of legal notice (affidavit of notice for PH) Staff presentation ( 5 minutes ) Board questions and clarifications ( 5 minutes ) Applicant presentation ( 20 minutes ) Board questions and clarifications ( 5 minutes ) Public comments (close public comment portion of hearing) ( 5 minutes ) Applicant Rebuttal Chairperson identified the issues to be discussed (5 minutes ) HPC discussion ( 15 minutes ) Motion (5 minutes ) *Make sure the motion includes what criteria are met or not met. No meeting of the HPC shall be called to order without a quorum consisting of at least four (4) members being present. No meeting at which less than a quorum shall be present shall conduct any business other than to continue the agenda items to a date certain. All actions shall require the concurring vote of a simple majority, but in no event less than three (3) concurring votes of the members of the commission then present and voting. ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF MARCH 11, 2015 1 Vice-chair, Jim DeFrancia called the meeting to order at 5:00 p.m. Commissioners in attendance were Bob Blaich, Patrick Sagal, John Whipple, Nora Berko, Sallie Golden and Gretchen Greenwood. Willis Pember was absent. Staff present: Jim True, City Attorney Amy Simon, Preservation Planner Kathy Strickland, Chief Deputy Clerk Gretchen will recuse herself on 134 W. Hopkins Jim said he has a business relationship with CCY which is totally independent of this project and nothing inhibits me from making good judgement. HPC congratulated Willis on his award for the Carbondale Library! 134 W. Hopkins Ave. – Conceptual Major Development, On-Site Relocation and Variances, Public Hearing Jim True said the affidavits are in order and the applicant can proceed – Exhibit I Sara said the property is a 3,000 square foot lot zoned R-6 and was created from a landmark lot split. The landmark is in its current location. The request is for relocation of the historic home, demolition of non-historic additions, construction of a rear addition and extensive restoration to the historic landmark, setback variances and a portion of the FAR bonus. The proposal includes a roof deck on the new addition on the back. There is a one story connector piece between the old construction and new construction. Staff has some concerns about the proposed railing on top of the connector which shortens the distance that the connector is a one-story. The guidelines are clear that a one-story connector piece should be ten feet. We are recommending that the deck on top of the connector be removed. There is still a deck on top of the second story new addition which find to be appropriate. A glass railing is being proposed so it is minimal as far as the massing. P1 II.B. ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF MARCH 11, 2015 2 Relocation: There is a proposal to move the historic home off-site down the street a few blocks to a vacant lot that is across from the Boomerang lodge. Putting houses off-site has challenges but leaving it on-site when you are doing a big excavation has more consequences and we are supportive of the move. We have required a $30,000 letter of credit. HPC might want to discuss whether this amount is appropriate or not. The applicant is requesting the remaining 116.4 square feet of the FAR bonus. We find that warranted with the restoration they are proposing. The space between the two homes will be increased. We are also supportive of the variances outlined and staff is recommending approval with conditions. Chris Touchette, CCY architects Chris said the owner is prepared to bring the house back to its historic form. We are moving the house 2.6 to the west and 6.10 inches to the south. It will be closer to the corner in a more prominent location. The other idea is to get it away from the neighboring building. We focused on a contemporary addition that is compatible with the historic resource. The patio skylight is west of the connector in-between the addition and resource. We have proposed a non-reflective skylight that is broken up with interspersed beams. It will not be viewable from 1 st or Hopkins. We have been working with staff and have eliminated a roof skylight, eliminated a non-historic window in the gable end of the resource. We are supportive of staff’s recommendations except for the condition of denial of the small roof deck over the connector. There is precedence for the use of decks over connectors. Exhibit II - elevation of roof deck Chris said the roof deck is 8 x 6 wide facing 1 st Street and 72 square feet in area. The connector is 17.6 long. There is a fascia. The small roof deck in no way encumbers the character of the connector and we would appreciate if you would discuss the roof deck. Vice-chair Jim DeFrancia opened the public hearing. Exhibit III – Sara said the e-mail came from David Melton who lives at 135 Hopkins. He requests that the bonus not be granted because the lot is already developed with two homes. Use the FAR that is allowed by code. Traffic and noise on the street constructing the second level basement will be P2 II.B. ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF MARCH 11, 2015 3 significant and unwarranted. There are no two level basements in this neighborhood. Vice-chair Jim DeFrancia said there were no public comments. The public hearing was closed. Jim said we should focus on the condition and add or delete them. Patrick said he agreed with Mr. Melton that the second level basement is not necessary in that neighborhood. It can cause more people, more traffic etc. in that area. Sallie said the double basement has nothing to do with what we look at. Jim said lets discuss the conditions and then come back to the double basement. Nora said regarding 1.a. we have had lengthy discussions about the activity on top of connectors. Nora said she would support staff on the connector. Sallie said we have approved two story connectors recently with glass filled in. This seems a lot more in keeping with the project. Sallie said she has no issue with the connector. Bob said he agrees with Sallie that the connector is not obtrusive and you won’t see it and it has a glass protector. John said the connector separates the two homes and it should be a low iron with no reflectivity to it. Patrick said he agrees with staff and there are already two decks. Jim said he has no issue with the connector and would approve it. Sara said there will probably be stuff on top of the deck and that adds mass. Railings on top of connector are not the most successful approaches to having a connector piece. The purpose of the linking element is to separate the mass and we are trying to learn from some of the mistakes that we have made about allowing the space on top of the connector to be usable space. P3 II.B. ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF MARCH 11, 2015 4 Nora said this is on a corner lot and is more visible. Sallie said she has seen a lot of decks that aren’t successful but this isn’t in that category. Chris said the deck it is 8x6 wide facing First Street and 72 square feet in area. Jim said we have the majority that would favor the connector. Jim said condition #2 was to provide details of the fence along First Street; provide details of the grade skylight and Hopkins St. shall be the primary entrance. Chris said they are fine with everything but there needs to be discussion on the double basement. Jim brought up the double basement and said it is permitted. Sallie said it was allowable by code at the time the applicant applied. It doesn’t affect anything that we are supposed to use judgement on regarding the historic resource. Nora said there are impacts of noise and stability going down 40 feet etc. and the number of dump trucks every day and the impacts on the pedestrian right-of-way. Is it going to increase the number of cars for a two car garage? Sara said the issues were impacts constructing a double basement and how long it takes to build up the soil. John said one property probably didn’t use the best method of soil stabilization and that upset numerous individuals. The Bldg. Dept. and construction management have guidelines in place to achieve stability. Bob said for us to go back and revisit this when it has already been dealt with we would have a whole new process. Patrick said he feels the construction management is half of it and it impacts the neighborhood. The volume will affect the neighborhood. P4 II.B. ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF MARCH 11, 2015 5 Vice-chair, Jim DeFrancis opened the public hearing. There were no public comments. The public hearing was closed. Chris said what is inside the envelope isn’t necessarily part of your purview. There is one bedroom above the addition and three bedrooms in the basement and the second basement is dedicated to uses such as a spa and theatre, wine cave and mechanical room. The density is limited to the first level of the basement. Jim said the construction and digging can often be unpleasant but it is also temporary. There is not a majority to add a condition. Chris said we would like to have 1 a deleted. MOTION: Jim moved to approve resolution #10 for 134 W. Hopkins in accordance with the staff recommendation and striking in 1 a, (the not) . The character of the connector should be low iron and no reflectivity. Motion second by Bob. Patrick said the continued repetition of flat roof additions is destroying the historic character of residential Aspen and is contrary to the intent of the guidelines. Chris said there will not be visible connections. Roll call vote: Sallie, yes; Nora, no; Bob, yes; John, yes, Patrick, no; Jim, yes. Motion carried 4-2. 110 E. Bleeker Street – Conceptual Major Development, Demolition and Variances, Public Hearing cont’d from February 11, 2015 Gretchen was seated. Exhibit I – Updated elevations. Amy said this is a 6,000 square foot lot close to the yellow brick. It is an 1887 brick Victorian. The brick has been painted which isn’t healthy for the building. The front porch was enclosed and a door obliterated. The front bay window has been removed. There is a small addition on the back of the house and a large structure along the alley that sits in the alley and on the P5 II.B. ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF MARCH 11, 2015 6 neighbors lot which has caused some distress over the past few years. The applicant plans to demolish the problematic garage and also the non-historic addition on the back and make a new addition. They are not picking up the house and not moving it and not excavating a basement under it. They are proposing a total restoration. The paint is to be stripped from the brick and the front window reconstructed and porch reconstructed etc. Amy said the proposed addition connects to the back of the Victorian with the standarad one story element and it touches the building that has already been altered and it can’t be seen from the street and we feel it is an appropriate place to ad on. There is a deck on top of the connector that we did not object to in this case because it is really invisible. On the new construction there is a basement underneath it. There are some setback variances requested. There is a request to reduce the east side yard, rear side yard and the combined side yards. There is also a request for the 500 square foot bonus which is well deserved by the restoration work that is being proposed. Staff recommends approval with the approval of the bonus, side and rear yard setbacks and a combined side yard setback. When it comes time to remove the paint from the brick they need to be careful and not make the situation worse. We will also need specifications for mortar repair. The applicant has proposed to reconstruct the historic fence on this property. We need to make sure it is being built with wood posts. We have spoken to the Parks Dept. and the applicant can remove the street trees out in front of this house. The trees are pine and scruffy and block the view to the house. There is an existing skylight to be replaced and staff is recommending that it be eliminated. When the brick is stripped the applicant would like to do some window replacement on the west side of the house. The original windows are gone and we need to make sure that is done in the most informed way possible and that we look for actual physical evidence to see how the windows were placed. Gretchen asked about the FAR bonus being used as TDR’s. Amy said a more recent incentive has been the TDR program where you can sell some of your development rights. In this case they will use the FAR as part of their project and one TDR, 250 square feet will be sold to a non- historic site. Sallie said the TDR program is a good incentive because it keeps development off this piece of property. It gives them a monetary incentive P6 II.B. ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF MARCH 11, 2015 7 not to have more square footage effect or be a burden to the historic resource. John said it also off-sets the restoration costs. Patrick asked if the trees will be replaced with deciduous trees. Amy said the Parks Department will identify the tree replacements. Kim Raymond, architect said the goal is to restore the house as closely as they can back to its original state. The existing garage is 2.6 outside the property line in the alley and 5 feet onto the neighbor’s property. Our plan is to tear the little garage down and move our garage which is part of the building 3.1 feet in from the site so we are actually moving it over 8 feet and bringing it off the alley and four feet off the property line. The Victorian will remain in its original location. There is a one story linking element with an exposed corner of the original building and then the addition. The addition in the back has the same simple gable link. Vice-chair, Jim DeFrancia opened the public hearing. There were no public comments. The public hearing was closed. Jim said staff is recommending approval with 8 conditions. The applicant has no disagreement with any of the conditions. Gretchen said she feels the dormers look very high and possibly the architect would consider removing the large arched windows on the west side which would make the building simpler. In that way the Victorian would take a more dominant visual appearance from the street. The additions on the back of Victorians need to be quiet, clean and simple. The roof addition should be simplified and maybe the dormer on the south could be removed on the roof. Just have the two dormers on the north side and nothing on the south side. Nora and Patrick said they would support Gretchen’s suggestion. Sallie said they are trying to bring in the south light. Jim said the board is offering the removal of the dormers as guidance and to restudy it for the next meeting. P7 II.B. ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF MARCH 11, 2015 8 John said dormers are fenestration and that can be looked at for the next meeting. MOTION: Jim moved to approve resolution #11 granting conceptual major development demolition and variances with the conditions as recommended by staff and with the notation that the applicant has been given guidance to restudy certain elements when they come back for final. Amy said there would be a 3’1 inch east side yard setback. The rear would be 3’8 inch. 5’11 inch side yard and a 9 foot combined. Amy said the applicant pulled away from the east property line and pushed it toward the west. Jim said the motion would include the dimensional requirements. Motion second by Nora. Patrick asked the board to discuss the setback on the garage. Amy said it is up to the applicant to determine if they have movability to get in and out of the garage. Gretchen said she feels there is no issue getting in and out. John said the garage moving is a big improvement. Roll call vote: Sallie, yes; Nora, yes; Bob, yes; John, yes; Gretchen, yes; Patrick, yes; Jim, yes. Motion carried 7-0. MOTION: Jim moved to adjourn; second by Bob. All in favor, motion carried. Meeting adjourned at 6:30 p.m. Kathleen J. Strickland, Chief Deputy Clerk. P8 II.B. C:\Program Files (x86)\Neevia.Com\Document Converter\temp\6571.doc 4/3/2015 HPC PROJECT MONITORS- projects in bold are under construction Nora Berko 332 W. Main 1102 Waters 1006 E. Cooper 100 E. Main 417/421 W. Hallam 602 E. Hyman ________________________________________________________________________________________________ Bob Blaich Lot 2, 202 Monarch Subdivision ________________________________________________________________________________________________ Jim DeFrancia 435 W. Main, AJCC 420 E. Cooper 420 E. Hyman 407 E. Hyman Rubey Park Sallie Golden 206 Lake 114 Neale 514 E . Hyman 212 Lake 400 E. Hyman 517 E. Hyman (Little Annie’s) Hotel Aspen Gretchen Greenwood 28 Smuggler Grove ________________________________________________________________________________________________ Willis Pember 204 S. Galena Aspen Core 514 E. Hyman 120 Red Mountain 233 W. Hallam 101 E. Hallam 407 E. Hyman Patrick Segal 204 S. Galena 623 E. Hopkins 701 N. Third 612 W. Main 206 Lake 212 Lake Holden Marolt derrick John Whipple Aspen Core 201 E. Hyman 549 Race 208 E. Main 420 E. Cooper 602 E. Hyman Hotel Aspen 610 E. Hyman 301 Lake P9 II.F. MEMORANDUM TO: Aspen Historic Preservation Commission FROM: Amy Simon, Historic Preservation Officer Chris Bendon, Community Development Director RE: 211 E. Hallam Street- Referral comment on tree removal request DATE: March 25, 2015 ________________________________________________________________________ SUMMARY: As HPC is aware, the City of Aspen enforces a tree ordinance which requires all trees of a certain type and size to be preserved, or removed with acceptable mitigation. The City Forester has the authority to deny the issuance of a tree removal permit if the removal is found to be contrary to the criteria in the ordinance. Denial of a tree removal permit can be appealed, first to the City Manager and then to City Council, either of whom can direct the removal permit to be issued by Parks. At the February 25 th HPC design review hearing regarding an AspenModern negotiation and redevelopment at 211 E. Hallam, staff informed HPC that removal of one particular tree on the subject site was desired by the applicant but opposed by Parks. The tree is shown on the plan at right. Staff’s understanding at the time was that the applicant primarily opposed retaining the tree due to its impact on solar gain and livability of the lot. As a result, staff recommended HPC defer to Parks expertise and City Council’s authority to resolve the conflict. The Parks Department has officially denied the tree removal permit. The applicant initiated the appeal process with the City Manager, who, to make his decision, requires that HPC specifically address criteria in the tree ordinance that allow for tree removal where a tree negatively affects the preservation of a historic landmark. HPC is not asked to make any decision about the requested tree removal; but to offer any comments that the board finds are pertinent to the tree removal criteria. HPC’s input is to be provided in the form of a motion. This agenda item will be immediately followed by HPC’s continued hearing about the Conceptual design of the project, which has been revised since the last meeting, but not in a way that changes the applicant's request to remove the debated tree. Planning will recommend that HPC accept the proposed design, with the understanding that if the applicant's tree removal appeal is not successful, some project modification will be needed in order to go forward. P10 III.A. STAFF RECOMMENDATION: There are five circumstances when the Parks Department should consider the removal of a tree that is negatively affecting a historic resource. These circumstances are described in the tree removal criteria attached as Exhibit A. HPC may agree or disagree with staff’s comments below, and/or offer other input to the City Manager and City Council. Criterion A suggests that a tree could be removed if it is physically harming a historic resource. The studio is to be moved away from the tree, so this criterion is not met. Criterion B suggests that a tree could be removed if it is an inappropriate element of a historically significant landscape. The existing landscape on this property developed informally and is not considered historically significant, so this criterion is not met. Criterion C suggests that a tree could be removed if it is blocking the visibility of a historic resource. The studio is to be moved away from the tree, so this criterion is not met. Criterion D suggests a tree that is inconsistent with appropriate or established landscape practices associated with the resource or the surrounding area could be removed. The applicant makes the point that the scale and height of the tree as it exists today is in conflict with the minimal and low to the ground landscape associated with Modernism. Staff agrees with this, however it does not appear that landscape design was integral to the construction of the studio. The studio was placed in the open yard next to the Victorian and trees were planted or sprung up around it. The size and height the trees would reach was perhaps not what was envisioned at the time. The studio is being moved to the front of the lot and distanced from the tree. There will be an opportunity to install new landscape features that will support the architectural philosophy. Staff finds that this criterion is not met. Criterion E allows for the possibility that tree preservation would conflict with historic preservation guidelines and states that “unless the tree is an unusual or unique species of specimen tree quality, flexibility shall be allowed for its removal or relocation in favor of the best preservation option for the historic structure, subject to mitigation…” This is a complex criterion to address. Staff and HPC are not experts with regard to the uniqueness or quality of this tree. The applicant has designed a project which does form an L-shaped plan that is generally pushed away from the base of the tree, perhaps allowing for preservation. The applicant wishes to place required on-site parking where the tree stands. If the tree displaces on-site parking, this will necessitate a variance that the board may or may not support. The applicant indicates that a requirement to preserve the tree will likely lead them to abandon their proposal to preserve the studio. Having the tree on the site might significantly change the site plan they wish to choose for development and may not make it possible to accommodate the existing one story structure. Obviously, having the applicant abandon the preservation proposal because the tree removal is denied would be a negative preservation outcome. Staff finds that the voluntary nature of the AspenModern program does put the resource at some risk relative to this criterion. P11 III.A. Exhibits: A. Aspen Municipal Code, Chapter 13.20.d.3, factors used to determine the granting or denial of a tree removal permit B. Parks referral comment to HPC C. Applicant letter to HPC D. Tree report provided by applicant P12 III.A. P13 III.A. P14 III.A. P15 III.A. file:///G|/...t/Current%20HP%20Cases/211ehallam/Conceptual%20April%208%202015/215%20East%20Hallam%20-%20Berko%20Res..txt[3/30/2015 12:55:13 PM] From: Ben Carlsen Sent: Monday, January 12, 2015 12:55 PM To: Amy Simon; Chris Bendon Cc: Chris Forman Subject: 215 East Hallam - Berko Res. Amy and Chris, I met with Chris Forman on site today to discuss the current plan for the new home at 215 East Hallam. In short, I think that the applicants are close to something that will work, however, there is one major component that I would like to see changed. The spruce tree in the SE corner of the lot is a tree that we intend on preserving. I understand that to build on the lot it will be necessary to remove the spruce in the middle, so, that one will be permitted for removal with a mitigation fee. I can also get on board with the removal of the trees on the west property line (mitigation fees will be incurred) granted the SE spruce stays. However, I ’d like to see a plan where the ‘garage 2’ is moved to the west. We will not permit any excavation further east than where the current foundation exists. Again, our purpose here is on preserving the large diameter spruce in the SE corner of the lot. I hope that the applicants will be willing to work on this as we will be allowing the removal of every other tree on this property. Let me know if you have any questions- Thanks, Ben Carlsen City Forester 585 Cemetery Lane Aspen, CO 81611 Office: 970-429-2034 ben.carlsen@cityofaspen.com P16 III.A. March 30th, 2015 Amy Simon, City of Aspen 130 S. Galena Street Aspen, Colorado 81611 Aspen Historic Preservation Commission RE: Berko Studio response to Tree Removal Permit 2015-016/211 E Hallam St Dear Amy and HPC Board, Since our meeting in February, we followed your direction and worked diligently to refine the design in order to visually separate the Berko Studio from the proposed new construction as well as to create further definition between the two units. We believe this has led us to a better design, allowing the Studio to float separately from the addition. In order to achieve the separation requested by you and the HPC Board, we have had to modify our request for setback variances, as outlined in our submission and memo. We hope to focus HPC’s review on the design, mass, and scale of the proposed voluntary AspenModern project. However, since our last meeting, we have received a denial of our request to remove one of the trees critical to the preservation of the Berko Studio, known as Tree #1. Of note, the City Forester did approve the removal of the other requested trees. We have since submitted a Tree Removal Appeal to the City Manager. In light of our recent conversations with the City Manager and City Forester regarding this appeal, we think it appropriate to address some important issues related to the project. We do not take the removal of trees lightly. As a family, we have demonstrated our commitment to the environmental quality and health of this community. We have brainstormed endlessly with our architect and landscape architect ways to: 1. Achieve our family objectives 2. Preserve the Studio in perpetuity 3. Keep Tree #1 Unfortunately in our many months of study, we have not found a way to achieve all three goals on this 6,000sf site. With your input we have re-submitted a conceptual plan that allows us to achieve our family goals while celebrating and preserving the Berko Studio in perpetuity. We have also developed a plan that allows us to achieve our family objectives while preserving Tree #1. Unfortunately, this plan requires the removal of the Berko Studio. It is not our desire to demolish the Berko Studio and hence we are working voluntarily with HPC to try and save this important structure. While we sympathize with the City Forester’s desire to protect Tree #1 for the remainder of its life (20-50 years), we strongly believe there is far greater community benefit in forever preserving the photography studio of internationally-recognized photographer Ferenc Berko. HPC has the purview and authority to weigh in on the benefits of historic preservation vs. the maintenance of trees in the City. Section 13, D and E of the Municipal Code (below) clearly describe the conditions by which HPC may advocate tree removal in order to achieve the best historic preservation option. P17 III.A. Excerpt: Section 13, D and E of the Municipal Code RESPONSE: Tree is inconsistent with historic landscape patterns associated with the period (Section 13, D) Bauhaus/International landscapes are complementary to buildings, relating to the architecture in scale, form and proportion. Tree #1’s scale and position overwhelms the Studio. The towering height and canopy of the tree distracts from the public's ability to read the most important aspects of a Bauhaus/International style including: 1. Perception of architecture as volume rather than mass. The offset pentagonal volume created by the angled walls, roof and diagonal siding are unique in the AspenModern inventory. 2. Regularity instead of symmetry. The Studio roofline is an excellent example of this trait, best observed without a distracting backdrop. 3. Avoidance of extraneous ornamentation. The simple lines of the building are enhanced by simple, minimalist and discreet landscaping, typically low to the ground so as not to interfere with viewing of the building.  The public’s read and appreciation of the Studio’s unique volume and minimal ornamentation is damaged by the overwhelming mass and scale of Tree #1. P18 III.A. Figure 1: Appropriate vs. Inconsistent Landscapes Additionally, Tree #1’s size and shading prevent our family from achieving the Bauhaus concept of Gesamtkunstwerk, complete work, bringing art, craft and technology, inside and outside into one comprehensive work. In the Bauhaus view, the garden is part of the complete work thereby integral to the overall design of the building, not separated as a different element. We wish to execute a landscape plan that relates directly to the Studio, a landscape that is in harmony with the forms, angles, and levity of the surrounding the Berko Studio. Tree #1 does not speak to the Studio's architecture and is not appropriate in scale. Tree #1 lives in better harmony with a Log Cabin instead of on a lot containing a potential AspenModern resource and sympathetic modern addition. See photos below: Figure 2: Example of Complete Bauhaus Landscape. Original landscape designed to bring inside and outside into one comprehensive work P19 III.A.  The tree prevents our family from implementing a landscape that is consistent with landscape practices of the Bauhaus/International style of Gesamtkunstwerk, complete work. RESPONSE: Protection of a tree conflicts with the redevelopment of a [potentially] historically designated property (Section 13, E) As stated earlier, we have explored every alternative that would enable us to incorporate our program on the site, renovate and preserve the Berko Studio per the City of Aspen Historic Preservation Design Guidelines while trying to keep the large trees on the site. When we first studied creating a duplex, we planned for each unit to have its own 2-car garage. Showcasing the Berko Studio on Hallam Street precluded the option of placing any type of garage, or on-site parking, on Hallam Street. As a result, we next considered garages and parking for both duplex units on the alley. As shown in the diagram below, the Critical Root Zone of Tree #1 covers 40 of the lot’s 60 linear feet along the alley. This location of Tree #1 thereby precludes the alley-loaded garage and parking necessary for the project. Thereby the only feasible solution to showcase the Studio on Hallam is to build garages on the alley and reduce the number of garages to 3 rather than 4.  The detached garage is not what is driving the removal of Tree #1. The removal of Tree #1 allows for the Studio to be showcased on Hallam Street by siting the garages on the alley. Figure 3: Impact of Tree #1 on buildable alley frontage P20 III.A. The Berko Studio represents 20% of the total residential Bauhaus/International resources in Aspen. Tree #1 is one of 6.4 billion softwood trees in Colorado (USDA Inventory, 2006). Tree #1 is neither an “unusual” nor “unique species or tree quality” (Section 13, E). In fact, Tree #1 has a known weakness, codominant stems, that “clearly predisposes this tree top to failure” (Mark Stelle, ASCA Arborist report, attached). As the Studio is one of five remaining Bauhaus/International potential resources, we as a family are making a voluntary effort to preserve it and ask that the following code language be considered, “flexibility shall be allowed for its [Tree #1] removal or relocation in favor of the best preservation for the historic structure” (Section 13, E). We submit that the “best preservation for the historic structure” is indeed its preservation in perpetuity. This is a voluntary proposal of integrity and love of the building; if we cannot achieve this as presented, we will be obligated to pursue other solutions that would not include the Studio’s preservation. To achieve our and HPC’s historic preservation goals, we are asking HPC for: 1. Approval of our revised design as supported by HPC staff 2. Recommendation to City Council for AspenModern designation of the Berko Studio 3. Recommendation to City Manager and City Forester that removal of Tree #1 is necessary as the best preservation option for the historic structure We look forward to seeing a harmonious renovation of the Studio integrated within an appropriate landscape setting. This project will give Aspen and HPC a celebrated and exemplary AspenModern. Thank you for your consideration, Kind regards, Nora Berko Howie Mallory Mirte Mallory Linden Mallory Eliana Mallory P21 III.A. Mark Stelle March 23, 2015 Mr. Howie Mallory 1230 Snowbunny Ln Aspen, CO 81611 Re: Evaluation Spruce trees at 211 E Hallam Street, Aspen. Dear Howie, At your request, I made a site visit to 211 Hallam Street on Wednesday 3-18-15. This report will document my findings and conclusions. Consulting Assignment 1. Comment on the Aspen City Forester’s response to tree removal permit. 2. Arrange a site visit to make observations, take photographs, and perform measurements to support my conclusions. 3. Concerning tree #1, comment on current structural integrity 4. Comment on the tree value formula currently used by the City of Aspen. Limiting Conditions & Disclosure  I am an independent ASCA Registered Consulting Arborist whose consulting practice regularly engages in objective tree inspections, tree risk assessment, and construction-related tree preservation. I have no present or prospective interest in the trees that are the subject of the report, nor do I have any personal interest or bias with respect to any parties involved.  Observations documented in this report are restricted to that which was observed only on 3-18-15. Aspen City Forester Report The 3-2-15 report by Ben Carlsen, Aspen City Forester is thorough and well documented. I consider this report to be generally quite reasonable concerning the quantity of trees approved for removal at this site, and it solidly documents rationale for removal of 4 trees (2 spruces and 2 cottonwoods) “zero mitigation” cost. In the next section of my report, I will make specific comments regarding the codominant stems in tree #1, and the inherent limitations of the City’s use of a “standard tree value formula”. P22 III.A. Page 2 of 3 Tree #1 Inspection I visually inspected this blue spruce tree for defects. I observed no readily visible defects at the root collar, lower trunk, or lower limbs. My mallet “sounding” test on all four quadrants of the lower trunk did not detect any indications of internal decay at the trunk base. My climb into the upper trunk for a close-up observation of the codominant stems detected the following:  Some of the mid-crown branches exhibited compression cracks accompanied by branch buckling near the branch base.  No signs of significant insect attack (inclusive of zero detection of ubiquitous needle scale) were present.  The single trunk develops into two codominant stems at approximately 35’ from the tree top. Each codominant stem is approximately 16” diameter each. The point of connect represents a very narrow “V” shape. Vertical height of the NW-facing closed seam is approximately 30”, and the SE-facing closed seam is approximately 40”. A moderate amount of sap (primarily dried) is visible near surface of both the NW-facing and SE-facing closed seams. The base of both closed seams end abruptly with a small bulbous growth representing decades of reaction wood formation.  Wind-related observations: Once the 5 removal-approved trees to the north (trees #2 through #6) are removed, tree #1 will be slightly more exposed to the prevailing NW wind. The damaged mid-crown branches containing compression cracks/buckling, were likely caused by past snow loads. This is of no consequence to structural integrity of the tree, and of minimal impact to tree vigor. The existence of codominant stems, in and of themselves, does not necessarily suggest structural weakness. For example, the large Douglas-fir located directly across Hallam Street clearly exhibits a “U” shaped connection between two very large upper trunk codominant stems. This “U” shaped connection of the neighbor’s fir is significantly stronger that the narrow “V” shaped connection of tree #1 at 211 Hallam Street. The reason is that codominant-stemmed conifers containing a steep-angled “V” connection, such as tree #1, invariably contain bark inclusion. As I demonstrated with a bush while on site, bark inclusion does not allow the tree to form connective woody tissue between the stems. The resultant weakness predisposes one or both stems to failure. In his 3-2-15 report, the City Forester stated: “While this (codominant stems) is not the most desirable form, trees do have mechanisms to compensate for this type of structure”. I agree with this statement in principle. However, given my up-close observation of the structural defect in the upper trunk of tree #1, I do not necessarily agree entirely with the statement above, in this specific case. P23 III.A. Page 3 of 3 The only mechanism that I observed that would compensate for this structural weakness is a small knob of reaction wood located at the base of each side of the 3-ft vertical strip of bark inclusion. I did not detect a sufficient amount of compression wood (a type of reaction wood formed by a conifer in response to wind or gravity forces) to counteract the structural weakness inherent in the bark inclusion between the two stems. It is possible the two upper stems of tree #1 could exist “as is” for several more decades, but this known structural weakness clearly predisposes this tree top to failure. Mitigating measures for tree #1 bark inclusion defect: It is a common industry practice to installation cabling and bracing systems for trees with weakly attached codominant stems. Reference: ANSI A300 (Part 3)-2013. Although I endorse cabling and bracing under certain circumstances, I am not an advocate of cabling and bracing upper codominant stems in tall conifers containing bark inclusion. During the last 3 decades, I have simply witnessed the results of too many cabling/bracing failures where they had previously been installed in the tops of tall conifers. “Standard Tree Value Formula” I see referenced in both the City of Aspen Tree Removal Permit form and the 3-2-15 response from Ben Carlsen what is referred to as a standard tree value formula. Given the complexities and inherent subjectivity of tree appraisals, I can certainly understand the rationale for a municipality using a simplified formula. However, this simple formula implies that every appraised tree is in perfect condition, and has no provision for tree ‘condition” deductions. In defense of Carlsen’s discretionary action, he did take a post- formula deduction of 50% for tree #7. Since it appears that diameters of other spruces have been plugged into their formula without considering a “condition” rating, perhaps Carlsen would consider giving some weight to the minor and moderate “condition” defects exhibited by the remaining spruces. Since 2000, it has been industry practice for arboriculture and urban forestry professionals to be guided by the 9th edition of the Guide for Plant Appraisal, developed by Council of Tree & Landscape Appraisers (CTLA). This 143 page guide documents several methods of appraisal, incorporating tree “condition”, location of tree, and a local species rating. Any of these appraisal methods are significantly more involved than the simple 5-character outdated formula which is currently used by the City of Aspen. So, until the City decides to update their tree value formula, I recommend they at least add a “condition” rating as many other Colorado cities have done in recent years. Thank you for the opportunity to provide arboricultural consultation. Sincerely, [Submitted by email] Mark Stelle, ASCA Registered Consulting Arborist Attachments: Mark Stelle Biographical Sketch P24 III.A. 10-13 Mark Stelle, Registered Consulting Arborist Biographical Sketch Mark Stelle, President, Precision Tree Works, Inc., is accredited by the American Society of Consulting Arborists as a Registered Consulting Arborist (RCA). Stelle is part of an elite group of less than 300 consulting arborists within the United States who hold the distinction. He is currently the only RCA in all of western Colorado. He is a major contributor to the 2006 ASCA Example Reports for Consulting Arborists, a national training publication for aspiring consultants. Stelle holds a 1979 BS in Forestry from Michigan Technological University. In the mid 1990s he obtained his ISA Certified Arborist, an entry-level accreditation in arboriculture. Registered Consulting Arborists are called upon to advise in the most challenging situations that necessitate a high level of arboricultural experience, as well as specific expertise in the ethical and objective role of a consultant. To obtain the RCA designation, a consultant must meet stringent requirements for technical education, diagnostic experience, technical writing, completion of the Arboricultural Consulting Academy, and produce a series of consulting reports that meet strict professional review standards. Stelle is committed to continuing education and keeps current on arboricultural issues by attending major educational events throughout North America. In his consulting practice, he aspires to provide a comprehensive, technically sound, and objective viewpoint on arboricultural issues. Clientele includes homeowners, developers, municipalities, landscape planners, architects, law firms, and others requiring authoritative knowledge and perspective on the management of landscape trees. Expertise includes: Tree inventory (i.e. disease/insect diagnostics, tree vitality assessment, hazard-tree evaluation, and management specifications) Bark beetle identification and management plan administration Forensic investigation of tree damage Development-related tree preservation Valuation appraisal, and mediation of tree-related neighbor disputes Root encroachment evaluation Author of detailed tree planting specifications Inspect/report on planting project compliance with industry-published standards Stelle has serviced client properties located in Colorado, California, and Mexico (Nuevo Leon), in recent years. He can be reached at Precision Tree Works, Inc. (970) 926-3594. ASCA website: www.asca-consultants.org --------------------------------------------------------------------------------- P25 III.A. HISTORIC DESIGNATION MEMORANDUM TO: Aspen Historic Preservation Commission FROM: Amy Simon, Historic Preservation Officer RE: 211 E. Hallam- AspenModern Negotiation for Voluntary Landmark Designation, Conceptual Major Development, On-Site Relocation, Variances, CONTINUED PUBLIC HEARING DATE: April 8, 2015 ________________________________________________________________________ SUMMARY: 211 E. Hallam is a 6,000 square foot property that contains the studio of celebrated Aspen photographer Ferenc Berko. The lot was recently created through a subdivision approval that separated the studio from the Victorian era home to the east that was the Berko family residence. The studio lot is currently listed on the Aspen Inventory of Historic Sites and structures because the entire 12,000 square foot original parcel was designated many years ago due to the 19 th century home. While the studio lot is subject to HPC review for all alterations and redevelopment, the studio has never been formally recognized as a historic resource itself and is therefore not eligible for preservation incentives. The Berko family proposes to clarify the status of the property by volunteering to participate in the AspenModern negotiation process. The Berko’s intend to renovate the studio into a residence and add a second unit on the site. HPC is asked to make recommendations to City Council regarding the AspenModern negotiation, and to conduct Conceptual design review. APPLICANT: ELM 223, LLC, represented by Stan Clauson Associates and Harry Teague Architects. PARCEL ID: #2737-073-16-007. ADDRESS: 211 E. Hallam, Lot 1, 223 E. Hallam Street Lot Split, City and Townsite of Aspen, Colorado. ZONING: R-6. AspenModern Criteria. To be eligible for designation on the Aspen Inventory of Historic Landmark Sites and Structures as an example of AspenModern, an individual building, site, structure or object or a collection of P26 III.B. buildings, sites, structures or objects must have a demonstrated quality of significance. The quality of significance of properties shall be evaluated according to criteria described below. When designating a historic district, the majority of the contributing resources in the district must meet at least two of the criteria a-d, and criterion e described below: a. The property is related to an event, pattern, or trend that has made a contribution to local, state, regional or national history that is deemed important, and the specific event, pattern or trend is identified and documented in an adopted context paper; b. The property is related to people who have made a contribution to local, state, regional or national history that is deemed important, and the specific people are identified and documented in an adopted context paper; c. The property represents a physical design that embodies the distinctive characteristics of a type, period or method of construction, or represents the technical or aesthetic achievements of a recognized designer, craftsman, or design philosophy that is deemed important and the specific physical design, designer, or philosophy is documented in an adopted context paper; d. The property possesses such singular significance to the City, as documented by the opinions of persons educated or experienced in the fields of history, architecture, landscape architecture, archaeology or a related field, that the property’s potential demolition or major alteration would substantially diminish the character and sense of place in the city as perceived by members of the community, and e. The property or district possesses an appropriate degree of integrity of location, setting, design, materials, workmanship and association, given its age. The City Council shall adopt and make available to the public score sheets and other devices which shall be used by the Council and Historic Preservation Commission to apply this criterion. Staff Response: 211 E. Hallam was built in 1964, designed by Aspen architect Ted Mularz, as the photography studio and salon for Ferenc Berko. Berkos’s 2000 obituary in the New York Times describes him as “a Hungarian-born photographer who was a pioneer in the use of color film and helped to put Aspen, Colo., prominently on the map.” “After capturing faces, places and figures throughout the world and briefly settling in Chicago, Mr. Berko accepted an invitation in 1949 to visit Aspen, a crumbling old silver-mining town, to record the transformation that was about to take place.” Berko’s photos of the Goethe Bicentennial Convocation were the beginning of a 50 year residence in Aspen. Ted Mularz, architect of Berko’s studio, graduated from University of Illinois in 1959. A friend, AspenModern noted architect Robin Molny, suggested Mularz relocate to Aspen, where Mularz worked for Fritz Benedict and Herbert Bayer before opening his own office. Mularz appreciated Aspen’s heritage and was a founding member of the Aspen Historical Society. He practiced in Aspen for 30 years before relocating to Oregon, where he lives today. P27 III.B. HISTORIC PRESERVATION BENEFITS In staff’s opinion, this property is a clear example of the importance of the AspenModern program as part of the City’s historic preservation efforts. The property not only illustrates the architectural philosophies being expressed in midcentury Aspen, but also the career of a prominent artist who produced iconic photos of the community. The second component of designation is scoring the physical integrity of the building. Staff’s score sheet is attached as Exhibit B. Staff scored the building as a “Best” example of AspenModern, with 17 out of 20 possible points. The Community Development Director shall confer with the Historic Preservation Commission, at a public meeting, regarding the proposed land use application or building permit and the nature of the property. The property owner shall be provided notice of this meeting. The Historic Preservation Commission, using context papers and integrity scoring sheets for the property under consideration, shall provide Council with an assessment of the property’s conformance with the designation criteria of Section 26.415.030.C.1. When any benefits that are not included in Section 26.415.110 are requested by the property owner, HPC shall also evaluate how the designation, and any development that is concurrently proposed, meets the policy objectives for the historic preservation program, as stated at Section 26.415.010, Purpose and Intent. As an additional measure of the appropriateness of designation and benefits, HPC shall determine whether the subject property is a “good, better, or best” example of Aspen’s 20 th century historic resources, referencing the scoring sheets and matrix adopted by City Council. Staff Response: The applicant requests preservation benefits that include fee waivers, an appeal of the tree protection ordinance, and variances to dimensional requirements. The fee waivers and tree permit appeal are beyond the authority of the HPC and will require review by City Council. Up until 2011, no historic designations in Aspen required “owner consent.” City Council could designate any property that was found to meet landmark criteria. Lengthy debates about the appropriate approach to use for non-Victorian era architecture resulted in voluntary program that relies on the negotiation of individualized incentives that address the unique conditions of each property. This concept has led to some remarkably successful historic preservation projects over the last two years and resulted in the recent naming of the Aspen HPC as “Commission of the Year” by the National Alliance of Historic Preservation Commissions and recognition by History Colorado. P28 III.B. Benefits, particularly relief from certain dimensional requirements, have been critical to the success of the Aspen Historic Preservation program since they were made available over 25 years ago. The HPC carefully uses this flexibility to encourage projects that retain historic resources in the greatest entirety possible, while allowing new construction to occur in a sensitive manner. The “give and take” aspect of this process attempts to offer a degree of fairness in terms of development rights for the less than 300 privately owned properties (only about 15% of the total lots in town) that are responsible for maintaining Aspen’s identity as a historic town. Criteria for the variances that are typically within HPC’s purview, including setback variances and a 500 square foot floor area bonus, are addressed later in the memo so that HPC may make a specific recommendation to Council on those incentives. The other benefits that will be discussed by Council include the following items. Waiver of building permit fees. Permit fees are related to the valuation of the work and the amount of square footage affected. The estimated building permit fee for this project (plan check, building permit fee, energy code, zoning, engineering permit review, construction mitigation, GIS, parks permit review) is $100,060. Water tap fees are expected to be approximately $28,975. Waiver of impact fees. Building permits are generally subject to impact fees based on any increases in floor area. The proposed expansion involved in this remodel is approximately 2700 square feet of floor area. The applicant has calculated a wavier of $14,502 for the Park Development Impact fee, $1,623 for TDM/Air Quality and $14,700 for affordable housing cash in lieu. All landmarks typically receive waiver of these fees through existing code provisions. The applicant asks to be granted these standard benefits. Tree removal. The Parks Department is not in favor of the removal of one tree on the site. The tree is located at the southeast corner, at the alley. The applicant is appealing the matter, and will also ask Council to waive the cash-in-lieu fee that is typically due when a regulated tree is allowed to be removed. The estimated mitigation fee to remove all trees on the site, those acceptable to Parks as well as the southeast tree, is $68,200. Staff recommends that HPC ask Council to work diligently with the applicant to achieve a mutually acceptable package of incentives to be awarded. P29 III.B. CONCEPTUAL MAJOR DEVELOPMENT The procedure for a Major Development Review, at the Conceptual level, is as follows. Staff reviews the submittal materials and prepares a report that analyzes the project’s conformance with the design guidelines and other applicable Land Use Code Sections. This report is transmitted to the HPC with relevant information on the proposed project and a recommendation to continue, approve, disapprove or approve with conditions and the reasons for the recommendation. The HPC will review the application, the staff analysis report and the evidence presented at the hearing to determine the project’s conformance with the City of Aspen Historic Preservation Design Guidelines. 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. Major Development is a two-step process requiring approval by the HPC of a Conceptual Development Plan, and then a Final Development Plan. Approval of a Conceptual Development Plan shall be binding upon HPC in regards to the location and form of the envelope of the structure(s) and/or addition(s) as depicted in the Conceptual Plan application including its height, scale, massing and proportions. No changes will be made to this aspect of the proposed development by the HPC as part of their review of the Final Development Plan unless agreed to by the applicant. Staff Response: Conceptual review focuses on the height, scale, massing and proportions of a proposal. A list of the relevant HPC design guidelines is attached as “Exhibit A.” Several months ago, HPC held a worksession to discuss the project, in particular whether the studio should be moved forward on the site to increase its prominence, or left in place. The board was given an overview of the desired program and various challenges, and was presented with the idea of moving the studio and rotating it, so that the primary façade, which currently faces the alley, would face Hallam. HPC discussed the pros and cons of making such a dramatic change to the siting of the structure and was receptive to this possibility. The property is to be developed as a duplex, with the relocated historic resource in front, an addition running along the west property line, an interior courtyard, three parking spaces within garages along the alley and one parking space stacked behind garage doors. The minutes of the February 25 th HPC meeting are attached. Both staff and the board supported many aspects of the proposal but were concerned with the way the new construction attached to the studio. Clarification was needed on setback variance requests. The project was continued for restudy. The HPC design guidelines suggest two options for the placement of additions to a historic structure; either behind the resource, with a 10’ one story connector separating P30 III.B. new and old, or alongside the resource, with an addition providing a minimum setback of 10’ from the front of the resource. Most HPC projects include the connector element, but several projects have been approved with an addition situated to the side. Since the last hearing, the applicant has redesigned how the studio and addition meet by moving the studio slightly forward and east of the previous concept, creating a slot between the two masses and achieving the 10’ setback between the front faces of the two masses. The revisions are particularly illustrated on sheets E112 and E113. The guideline the application addresses, is: Staff finds that the restudy does limit demolition of the historic resource and pushes the new construction away sufficiently to visually and physically limit its impact. The studio remains the focal point of the development. The addition successfully references the characteristics of the historic resource. At the previous meeting, the topic of building entry was not discussed. HPC has a guideline that aims to keep the original main door into a building in use. HPC typically resists relocating the entry point into new construction. The original entry into the studio has always been from the interior of the lot. When the building is rotated, the original door will again be interior to the property and will be eliminated because this is where the new and old construction abut. In this unique circumstance, staff finds it acceptable that guideline 4.1, below, will not be met. The entry to both of the units will be in the western addition. Numerous design guidelines direct that entry doors face a street, which will be the case with this development. 10.8 Place an addition at the rear of a building or set it back from the front to minimize the visual impact on the historic structure and to allow the original proportions and character to remain prominent. Locating an addition at the front of a structure is inappropriate. Additional floor area may also be located under the building in a basement which will not alter the exterior mass of a building. Set back an addition from primary facades in order to allow the original proportions and character to remain prominent. A minimum setback of 10 feet on primary structures is recommended. 4.1 Preserve historically significant doors. Maintain features important to the character of a historic doorway. These may include the door, door frame, screen door, threshold, glass panes, paneling, hardware, detailing, transoms and flanking sidelights. Do not change the position and function of original front doors and primary entrances. If a secondary entrance must be sealed shut, any work that is done must be reversible so that the door can be used at a later time, if necessary. Also, keep the door in place, in its historic position. If the secondary entrance is sealed shut, the original entrance on the primary facade must remain operable. P31 III.B. As HPC is aware, the proposed project anticipates that a tree removal permit for the southeast tree will be granted by appeal to City Council. A single stall garage and an uncovered parking space are shown in the area currently occupied by the tree. If the appeal is unsuccessful, the applicant will determine whether to revise the project or choose another course. In the event that the applicant decides to preserve the tree by deleting the garage, staff recommends that the Conceptual design approval remain valid. The two displaced parking spaces would need to be reconfigured for Final review, or the applicant may request a variance. FAR BONUS In selected circumstances, the HPC may grant up to five hundred (500) additional square feet of allowable floor area for projects involving designated historic properties. To be considered for the bonus, it must be demonstrated that: a. The design of the project meets all applicable design guidelines; b. The historic building is the key element of the property and the addition is incorporated in a manner that maintains the visual integrity of the historic building; c. The work restores the existing portion of the building to its historic appearance; d. The new construction is reflective of the proportional patterns found in the historic building's form, materials or openings; e. The construction materials are of the highest quality; f. An appropriate transition defines the old and new portions of the building; g. The project retains a historic outbuilding; and/or h. Notable historic site and landscape features are retained. Staff Response: Staff finds that criteria highlighted above are met, warranting a 500 square foot floor area bonus. The application ensures the preservation of an important example of Modernism in Aspen and benefits the community. SETBACK VARIANCES In granting a variance, the HPC must make a finding that such a variance: a. Is similar to the pattern, features and character of the historic property or district; and/or b. Enhances or mitigates an adverse impact to the historic significance or architectural character of the historic property, an adjoining designated historic property or historic district. Staff Response: HPC has the authority to consider setback variances if they allow for better placement of the new construction relative to the historic building. The project meets the side setback requirement on the west. P32 III.B. The project requires a rear yard setback variance because a 5’ setback, rather than a 10’ setback is provided. Regarding the east yard, the main floor of the studio, which cantilevers over its CMU base, is 3’ from the east property line rather than the required 5’. The east wall flares another 1’2” towards the roofline. This area will be considered similar to an eave and will not require an additional variance. HPC should be aware that the east wall will be close enough to the east lot line as to require it to be upgraded to a 1 hour fire rated wall. The existing siding on the east must be removed so that a layer of drywall can be installed on the outside surface of the studs. The siding will be re-installed on top of the drywall. The increased thickness of this wall will have to be resolved by either adding a trim element to the corner, or re-siding a portion of the front facade (possibly from the corner to the chimney) to make the siding line up at the corners, as it currently does. In addition to a 5’ minimum setback requirement on each side of the property, there is a combined sideyard requirement of 15’. The project provides 8’ (5’ west, 3’ east), so a 7’ variance is requested. The front setback is measured to the most forward projecting element, which in this case will be the balcony on the front of the studio. The balcony will be 4’ from the front lot line rather than the required 10’. RESIDENTIAL DESIGN STANDARDS The project does not comply with two of the Residential Design Standards, Secondary Mass and Street Oriented Entrance. SECONDARY MASS. All new single-family and duplex structures shall locate at least ten percent (10%) of their total square footage above grade in a mass which is completely detached from the principal building or linked to it by a subordinate linking element. This standard shall only apply to parcels within the Aspen infill area pursuant to Subsection 26.410.010.B.2. Accessory buildings such as garages, sheds and accessory dwelling units are examples of appropriate uses for the secondary mass. A subordinate linking element for the purposes of linking a primary and secondary mass shall be at least ten (10) feet in length, not more than ten (10) feet in width, and with a plate height of not more than nine (9) feet. Accessible outdoor space over the linking element (e.g. a deck) is permitted but may not be covered or enclosed. Any railing for an accessible outdoor space over a linking element must be the minimum reasonably necessary to provide adequate safety and building code compliance and the railing must be 50% or more transparent. P33 III.B. STREET ORIENTED ENTRANCE AND PRINCIPAL WINDOW. All single- family homes and duplexes, except as outlined in Subsection 26.410.010.B.4 shall have a street-oriented entrance and a street facing principal window. Multi-family units shall have at least one (1) street-oriented entrance for every four (4) units and front units must have a street facing a principal window. On corner lots, entries and principal windows should face whichever street has a greater block length. This standard shall be satisfied if all of the following conditions are met: a) The entry door shall face the street and be no more than ten (10) feet back from the front-most wall of the building. Entry doors shall not be taller than eight (8) feet. b) A covered entry porch of fifty (50) or more square feet, with a minimum depth of six (6') feet, shall be part of the front facade. Entry porches and canopies shall not be more than one (1) story in height. All Residential Design Standard Variances, Pursuant to Land Use Code Section 26.410.020(D)(2) must: a) Provide an appropriate design or pattern of development considering the context in which the development is proposed and purpose of the particular standard. In evaluating the context as it is used in the criteria, the reviewing board may consider the relationship of the proposed development with adjacent structures, the immediate neighborhood setting, or a broader vicinity as the board feels is necessary to determine if the exception is warranted; or, b) Be clearly necessary for reasons of fairness related to unusual site-specific constraints. Staff Response: The proposal includes a detached single stall garage, but the structure is not large enough to meet the Secondary Mass standard. It is 259 square feet in size where approximately 360 square feet (10% of the above grade floor area) is required. The detached garage is in the spirit of the standard and there are limitations on the layout of the development given historic preservation concerns. Staff supports a variance of this standard based on criteria a and b above. P34 III.B. ON-SITE RELOCATION Only one of the units in the duplex (the frontmost unit, in this case the studio) needs to have an entry door no more than 10’ back from the front façade and an adequately sized front porch. The second floor living space that shelters the entry to the studio is 10’ back from the front façade, but the door into the studio is recessed another 4’, so the standard is not met. The applicant has been asked to pull back the western mass as far as possible, so staff would not recommend a redesign that diminishes what is proposed. The cantilever over the studio entry serves the purpose of a porch, but does not meet the Residential Design Standard definition of a porch. A porch must be a one story element, 6’ deep and 50 square feet in footprint. Staff finds that the design balances complex historic preservation goals, meeting criterion b above. We do not recommend redesign of the entry into the studio. The studio has a street-facing balcony that will provide the type of front porch interaction that is the goal of the Residential Design Standards. 26.415.090.C. Standards for the relocation of designated properties. Relocation for a building, structure or object will be approved if it is determined that it meets any one of the following standards: 1. It is considered a noncontributing element of a historic district and its relocation will not affect the character of the historic district; or 2. It does not contribute to the overall character of the historic district or parcel on which it is located and its relocation will not have an adverse impact on the Historic District or property; or 3. The owner has obtained a certificate of economic hardship; or 4. The relocation activity is demonstrated to be an acceptable preservation method given the character and integrity of the building, structure or object and its move will not adversely affect the integrity of the Historic District in which it was originally located or diminish the historic, architectural or aesthetic relationships of adjacent designated properties; and Additionally, for approval to relocate all of the following criteria must be met: 1. It has been determined that the building, structure or object is capable of withstanding the physical impacts of relocation; 2. An appropriate receiving site has been identified; and 3. An acceptable plan has been submitted providing for the safe relocation, repair and preservation of the building, structure or object including the provision of the necessary financial security. P35 III.B. Staff Response: Staff finds that relocating and turning the studio is the best and most appropriate preservation action for this site. The historic siting of this building at the rear of the lot is unique. Placing new construction in front of it would likely eliminate public enjoyment of the building and would be counterproductive to preservation. The relevant design guidelines are: As part of building permit review, the applicant will be required to submit the standard assurances that relocation will proceed with care. These are included in the conditions of approval. =============================================================== STAFF RECOMMENDATION: Staff recommends HPC ask Council to work diligently with the applicant to achieve a mutually acceptable package of incentives to be awarded for this “best” example of an AspenModern resource. Staff recommends HPC grant Conceptual Major Development, On-Site Relocation and Variance approval with the following conditions: 1. In the event that the applicant decides to preserve the southeast tree by deleting the single stall garage, the Conceptual design approval remains valid. The two displaced parking spaces would need to be reconfigured for Final review, or the applicant may request a variance. 2. HPC hereby grants a 500 square foot floor area bonus. 9.1 Proposals to relocate a building will be considered on a case-by-case basis. In general, relocation has less of an impact on individual landmark structures than those in a historic district. It must be demonstrated that relocation is the best preservation alternative. Rehabilitation of a historic building must occur as a first phase of any improvements. A relocated building must be carefully rehabilitated to retain original architectural details and materials. Before a building is moved, a plan must be in place to secure the structure and provide a new foundation, utilities, and to restore the house. The design of a new structure on the site should be in accordance with the guidelines for new construction. In general, moving a building to an entirely different site or neighborhood is not approved. 9.4 Site the structure in a position similar to its historic orientation. It should face the same direction and have a relatively similar setback. It may not, for example, be moved to the rear of the parcel to accommodate a new building in front of it. P36 III.B. 3. HPC hereby allows a 5’ rear setback, a 3’ east setback (plus the necessary projection to accommodate the eave and a fire rated east wall), an 8’ combined sideyard and a 4’ front yard. 4. HPC hereby grants a waiver of the Residential Design Standards related to Secondary Mass and Street Oriented Entrance and Principal Window. 5. For the temporary relocation of the studio during basement excavation, the owner must provide a $30,000 letter of credit, cashier’s check, or other form acceptable to the City Attorney to insure the safe relocation of the house. A relocation plan detailing how and where the building will be stored and protected during construction must be submitted with the building permit application, and the applicant shall include documentation of the existing elevation of the home and the relationship of the foundation to grade in the building permit application. 6. A development application for a Final Development Plan shall be submitted within one (1) year of April 8, 2015, the date of approval of a Conceptual Development Plan. Failure to file such an application within this time period shall render null and void the approval of the Conceptual Development Plan. The Historic Preservation Commission may, at its sole discretion and for good cause shown, grant a one-time extension of the expiration date for a Conceptual Development Plan approval for up to six (6) months provided a written request for extension is received no less than thirty (30) days prior to the expiration date. EXHIBITS : Exhibit A: Design Guidelines Exhibit B: Integrity Score Sheet Exhibit C: Public comment Exhibit D: February 25, 2015 minutes Exhibit E: Application Exhibit A: Relevant HPC Design Guidelines for 211 E. Hallam, Conceptual review 1.11 Preserve and maintain mature landscaping on site, particularly landmark trees and shrubs. Protect established vegetation during construction to avoid damage. Replacement of damaged, aged or diseased trees must be approved by the Parks Department. If a tree must be removed as part of the addition or alteration, replace it with species of a large enough scale to have a visual impact in the early years of the project. 4.1 Preserve historically significant doors. Maintain features important to the character of a historic doorway. These may include the door, door frame, screen door, threshold, glass panes, paneling, hardware, detailing, transoms and flanking sidelights. Do not change the position and function of original front doors and primary entrances. P37 III.B. If a secondary entrance must be sealed shut, any work that is done must be reversible so that the door can be used at a later time, if necessary. Also, keep the door in place, in its historic position. If the secondary entrance is sealed shut, the original entrance on the primary facade must remain operable. 5.1 Preserve an original porch. Replace missing posts and railings when necessary. Match the original proportions and spacing of balusters when replacing missing ones. Unless used historically on the property, wrought iron, especially the "licorice stick" style that emerged in the 1950s and 1960s, is inappropriate. Expanding the size of a historic porch is inappropriate. 5.4 The use of a porch on a residential building in a single-family context is strongly encouraged. This also applies to large, multifamily structures. There should be at least one primary entrance and should be identified with a porch or entry element. 7.1 Preserve the original form of a roof. Do not alter the angle of a historic roof. Instead, maintain the perceived line and orientation of the roof as seen from the street. Retain and repair roof detailing. 7.2 Preserve the original eave depth. The shadows created by traditional overhangs contribute to one's perception of the building's historic scale and therefore, these overhangs should be preserved. 8.3 Avoid attaching a garage or carport to the primary structure. Traditionally, a garage was sited as a separate structure at the rear of the lot; this pattern should be maintained. Any proposal to attach an accessory structure is reviewed on a case-by-case basis. 9.1 Proposals to relocate a building will be considered on a case-by-case basis. In general, relocation has less of an impact on individual landmark structures than those in a historic district. It must be demonstrated that relocation is the best preservation alternative. Rehabilitation of a historic building must occur as a first phase of any improvements. A relocated building must be carefully rehabilitated to retain original architectural details and materials. Before a building is moved, a plan must be in place to secure the structure and provide a new foundation, utilities, and to restore the house. The design of a new structure on the site should be in accordance with the guidelines for new construction. In general, moving a building to an entirely different site or neighborhood is not approved. P38 III.B. 9.3 If relocation is deemed appropriate by the HPC, a structure must remain within the boundaries of its historic parcel. If a historic building straddles two lots, then it may be shifted to sit entirely on one of the lots. Both lots shall remain landmarked properties. 9.4 Site the structure in a position similar to its historic orientation. It should face the same direction and have a relatively similar setback. It may not, for example, be moved to the rear of the parcel to accommodate a new building in front of it. 9.6 When rebuilding a foundation, locate the structure at its approximate historic elevation above grade. Raising the building slightly above its original elevation is acceptable. However, lifting it substantially above the ground level is inappropriate. Changing the historic elevation is discouraged, unless it can be demonstrated that it enhances the resource. 10.3 Design a new addition such that one's ability to interpret the historic character of the primary building is maintained. A new addition that creates an appearance inconsistent with the historic character of the primary building is inappropriate. An addition that seeks to imply an earlier period than that of the primary building also is inappropriate. An addition that seeks to imply an inaccurate variation of the primary building's historic style should be avoided. An addition that covers historically significant features is inappropriate. 10.4 Design a new addition to be recognized as a product of its own time. An addition should be made distinguishable from the historic building, while also remaining visually compatible with these earlier features. A change in setbacks of the addition from the historic building, a subtle change in material or a differentiation between historic, and more current styles are all techniques that may be considered to help define a change from old to new construction. 10.6 Design an addition to be compatible in size and scale with the main building. An addition that is lower than or similar to the height of the primary building is preferred. 10.7 If it is necessary to design an addition that is taller than a historic building, set it back substantially from significant facades and use a "connector" to link it to the historic building. A 1-story connector is preferred. The connector should be a minimum of 10 feet long between the addition and the primary building. The connector also should be proportional to the primary building. P39 III.B. 10.8 Place an addition at the rear of a building or set it back from the front to minimize the visual impact on the historic structure and to allow the original proportions and character to remain prominent. Locating an addition at the front of a structure is inappropriate. Additional floor area may also be located under the building in a basement which will not alter the exterior mass of a building. Set back an addition from primary facades in order to allow the original proportions and character to remain prominent. A minimum setback of 10 feet on primary structures is recommended. 10.9 Roof forms should be similar to those of the historic building. Typically, gable, hip and shed roofs are appropriate. Flat roofs are generally inappropriate for additions on residential structures with sloped roofs. 10.10 Design an addition to a historic structure such that it will not destroy or obscure historically important architectural features. For example, loss or alteration of architectural details, cornices and eavelines should be avoided. 14.17 Design a new driveway in a manner that minimizes its visual impact. Plan parking areas and driveways in a manner that utilizes existing curb cuts. New curb cuts are not permitted. If an alley exists, a new driveway must be located off of it. 14.18 Garages should not dominate the street scene. P40 III.B. A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION APPROVING CONCEPTUAL MAJOR DEVELOPMENT, ON-SITE RELOCATION AND VARIANCES, AND RECOMMENDING CITY COUNCIL APPROVAL OF ASPENMODERN HISTORIC LANDMARK NEGOTIATION FOR THE PROPERTY LOCATED AT 211 E. HALLAM, LOT 1, 223 E. HALLAM STREET LOT SPLIT, CITY AND TOWNSITE OF ASPEN, COLORADO RESOLUTION #__, SERIES OF 2015 PARCEL ID: 2737-073-16-007 WHEREAS, the applicant, ELM 223, LLC, represented by Stan Clauson Associates and Harry Teague Architects, has requested that the property located at 211 E. Hallam receive benefits for historic designation through the AspenModern process described at Section 26.415.025 and Section 26.415.030 of the Municipal Code; and WHEREAS, the applicant also requested approval for Conceptual Major Development, On-site Relocation and Variances; 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 Conceptual 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.3.b.2 and 3 of the Municipal Code and other applicable Code Sections. For review of benefits, such as a floor area bonus and setback variances, HPC must determine conformance with Section 26.415.110 of the Municipal Code. 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, in order to receive approval for Relocation, the application shall meet the requirements of Aspen Municipal Code Section 26.415.090.C, Relocation of a Designated Property; and WHEREAS, the HPC may approve variances to the Residential Design Standards according to Section 26.410.020.D; and WHEREAS, Amy Simon, in her staff report to HPC dated April 8, 2015, performed an analysis of the application based on the standards. The staff recommendation was that the property qualifies as a “best” example of AspenModern historic resources. Staff recommended in favor of the Conceptual Major Development, On-site Relocationand Variances; and P41 III.B. WHEREAS, at their regular meeting on April 8, 2015, the Historic Preservation Commission considered the application during a duly noticed public hearing, including the staff recommendation and public comments, and found the project to be consistent with the review criteria, with conditions, by a vote of __ to __. NOW, THEREFORE, BE IT RESOLVED: HPC asks City Council to work diligently with the applicant to achieve a mutually acceptable package of incentives to be awarded for this “best” example of an AspenModern resource. HPC grants Conceptual Major Development, On-Site Relocation and Variance approval with the following conditions: 1. In the event that the applicant decides to preserve the southeast tree by deleting the single stall garage, the Conceptual design approval remains valid. The two displaced parking spaces would need to be reconfigured for Final review, or the applicant may request a variance. 2. HPC hereby grants a 500 square foot floor area bonus. 3. HPC hereby allows a 5’ rear setback, a 3’ east setback (plus the necessary projection to accommodate the eave and a fire rated east wall), an 8’ combined sideyard and a 4’ front yard. 4. HPC hereby grants a waiver of the Residential Design Standards related to Secondary Mass and Street Oriented Entrance and Principal Window. 5. For the temporary relocation of the studio during basement excavation, the owner must provide a $30,000 letter of credit, cashier’s check, or other form acceptable to the City Attorney to insure the safe relocation of the house. A relocation plan detailing how and where the building will be stored and protected during construction must be submitted with the building permit application, and the applicant shall include documentation of the existing elevation of the home and the relationship of the foundation to grade in the building permit application. 6. A development application for a Final Development Plan shall be submitted within one (1) year of April 8, 2015, the date of approval of a Conceptual Development Plan. Failure to file such an application within this time period shall render null and void the approval of the Conceptual Development Plan. The Historic Preservation Commission may, at its sole discretion and for good cause shown, grant a one-time extension of the expiration date for a Conceptual Development Plan approval for up to six (6) months provided a written request for extension is received no less than thirty (30) days prior to the expiration date. APPROVED BY THE COMMISSION at its regular meeting on the 8th day of April, 2015. ______________________ Willis Pember, Vice Chair P42 III.B. Approved as to Form: ___________________________________ Debbie Quinn, Assistant City Attorney ATTEST: ___________________________ Kathy Strickland, Chief Deputy Clerk P43 III.B. 1) Simple geometric forms, both in plan and elevation Character Defining Features of the Bauhaus/International Style x 5) Windows are treated as slots in the wall surface, either vertically or horizontally, or glazing appears as a curtain wall 7) Materials are generally manufactured and standardized, surfaces are smooth, with minimal or no detail at window jambs, grade, and roof edge x x Total Points, 0 - 10 7 x 2) Flat roofs, usually single story 4) Asymmetrical arrangement of elements 6) Detailing is reduced to the composition of elements rather than decorative effects x Check box if statement is true. 1 point per box. 1 2 3 4 5 6 7 8) Entry is usually marked by a void in the wall, a cantilevered screen element, or other architectural clue that directs one into the composition 9)Buildings are connected to nature through the use of courtyards, wall elements that extend into the landscape, and areas of glazing that allow a visual connection to the natural environment 10) Schemes are monochromatic, using neutral colors. Primary colors are used for accents. x x 8 9 3) Proportions are long and low, horizontal lines are emphasized A building must have 6 of the 10 character defining features, either present or clearly documented through photographic of physical evidence to qualify as Bauhaus/International Style. Restoration may be required as part of the award of incentives. If the property earned 6 or more points, continue to the next page. If the property earned less than 6 points, scoring ends. 10 P 4 4 I I I . B . INTEGRITY SCORING If a statement is true, circle the number of points associated with that true statement. Integrity Score (this page) maximum of 10 points: HISTORIC ASSESSMENT SCORE: Best: 15 up to 20 points Better: 12 up to 15 points Good: 10 up to 12 points Not Eligible:0 up to 10 points Character Defining Features Score (first page) maxi- mum of 10 points: LOCATION OF BUILDING ON THE LOT: The bui l di ng i s i n i ts ori gi nal l ocation.2 poi nts The bui l di ng has be e n shi ft e d on the ori gi nal parce l , but mai ntai ns i ts ori gi nal al i gnme nt and/or prox i mi ty to the stre e t.1 poi nt SETTING : The prope rty i s l ocate d wi thi n the ge ographi cal are a surrounde d by Castl e Cre e k, the Roari ng Fork Ri ve r and A spe n Mountai n.1 poi nt The prope rty i s outsi de of the ge ographi cal are a surround by Castl e Cre e k, the Raori ng Fork Ri ve r and Aspe n Mountai n.1/2 poi nt DESIG N: The form of the bui l di ng (f ootpri nt, roof and w al l pl ane s) are unal te re d f rom the ori gi nal de si gn.3 poi nts a.) The f orm of the bui l di ng has be e n al te re d but l e ss than 25% of the ori gi nal wal l s have be e n re move d, OR b.) The al te rations to the f orm al l occur at the re ar of the subj e ct bui l di ng, OR c.) The f orm of the bui l di ng has be e n al te re d but the addi tion i s l e ss than 50% of the si ze of the ori gi nal bui l di ng, OR d.) The re i s a roof top addi tion that i s l e ss than 50% of the footprint of the roof. 2 poi nts MATERIALS Exteri or mate rial s The original e x te ri or mate ri al s of the bui l di ng are stil l i n pl ace , wi th the e x ce ption of normal mai nte nance and re pai rs.2 poi nts 50% of the e x te ri or mate ri al s have be e n re pl ace d, but the re pl ace me nts match the ori gi nal condi tion.1 poi nt Windows and doors The ori gi nal wi ndows and doors of the bui l di ng are stil l i n pl ace , wi th the e x ce ption of normal mai nte nance and re pai rs.2 poi nts 50% of the ori gi nal wi ndows and doors have be e n re pl ace d, but the re pl ace me nts match the ori gi nal condi tion.1 poi nt P45 III.B. P46 III.B. P47 III.B. P48 III.B. P49 III.B. file:///G|/...rent%20HP%20Cases/211ehallam/Conceptual%20April%208%202015/public%20comment/Berko%20Mallory%20Residences.txt[3/30/2015 3:46:06 PM] From: Jess Bates <jessbates@gmail.com> Sent: Wednesday, February 25, 2015 9:47 AM To: Amy Simon Subject: Berko Mallory Residences To Whom It May Concern; I just wanted to express my support of the Berko Mallory Residences development on Hallam Street. I have looked at the architectural rendering and am pleased that the studio will be preserved and moved to the front of the lot. I'm also supportive of this development to give the family options for stying in Aspen. Regards, Jess Bates Hayes Family Partnership 209 E. Bleeker St Aspen CO 81611 P50 III.B. file:///G|/...G/Land%20Use%20Cases/Current/Current%20HP%20Cases/211ehallam/Conceptual%20April%208%202015/berko%20plans.txt[3/30/2015 1:00:57 PM] From: Gigi Whitman <whit8637@bellsouth.net> Sent: Thursday, March 19, 2015 12:54 PM To: Amy Simon Subject: berko plans we have looked over the Berko plans and we have no issues with them. Thank you Gigi and Randy Whitman P51 III.B. P 5 2 I I I . B . file:///G|/...urrent%20HP%20Cases/211ehallam/Conceptual%20April%208%202015/public%20comment/Bump_211%20East%20Hallam.txt[3/30/2015 3:46:06 PM] From: Richard Bump <bumpr@mindspring.com> Sent: Monday, February 23, 2015 11:45 AM To: Amy Simon Cc: berko.nora@gmail.com Subject: 211 East Hallam Amy Simon Historic Preservation Officer City of Aspen 130 South Galena Street Aspen, Colorado 81611 RE: 211 East Hallam: Berko Studio Designation as AspenModern Dear Amy; I am writing this letter to support the request to designate the "Berko Studio" as an example of AspenModern Architecture. I also support the re-location of the above studio to that portion of the lot that allows the structure more visibility from the Hallam Street side, as a prominent historic structure. Relocating this structure to the Hallam street side of the property, allows the studio to be visible to those who pass through the neighborhood on foot, via shuttle or in private cars. It is close to the red brick school building where many community activities currently take place. The neighborhood today is home to several AspenModern structures, as well as a variety of historic Victorian homes. I am a current owner of the property located at 219 North Monarch, which is next door to the original Berko residence. My family has been a neighbor of the Berko family since the early 60's and this designation is appropriate and necessary to recognize and celebrate all of the important contributions that Ferenc Berko has made to the community of Aspen. Mr. Berko, as he was known to me, epitomizes the very essence of what an involved and dedicated community member represents. From my earliest memory, he was always cataloging the history of Aspen through photographs, most specifically black and white photographs. He has chronicled many an important event in the history of Aspen as a town and over the years, his photographs remain a window into our past, which can only help how we manage the Aspen of the present and plan for the Aspen of the future. Without maintaining the integrity of buildings such as this studio for future generations, it will be virtually impossible to only offer verbal explanations to our children, as we educate them about the Aspen of the past, as I experienced it and how that relates to the Aspen of the future, as they will experience it and as their children will experience it. I believe that is it exemplary behavior on the part of Nora Berko, in that she is willing and able to allow this structure to remain in the hands of history, when she certainly is not required to do so. She has championed the cause that her parents began, by preserving a bit of history for the next generations to come. During my lifetime, owning a photograph taken by Mr. Berko was quite the prized possession, as he managed to capture on film even the most simple images that all related to the Aspen that I know and love. I still own and proudly display every photograph Mr. Berko took of me while riding on the chairlift up Aspen Mountain. To know that a small piece of his history will remain protected in perpetuity, seems to me to qualify as the very definition of historic preservation. I hope that the HPC Board agrees that the offer of designating the Berko Studio as an example of AspenModern architecture, is a gift to the entire community of Aspen and to all of us who desire a connection to the past. All too often, important and significant architectural structures are quickly demolished to make way for new construction. This time, an opportunity has presented itself that can benefit everyone involved. Please take a moment and consider how the city of Aspen looked over the years through Ferenc Berko's camera lens and honor his memory, his talent and his gift through P53 III.B. file:///G|/...urrent%20HP%20Cases/211ehallam/Conceptual%20April%208%202015/public%20comment/Bump_211%20East%20Hallam.txt[3/30/2015 3:46:06 PM] photography, that made Aspen the community it is today. I thank you for your time and effort. Sincerely, Linda Light Bump P54 III.B. file:///G|/...ses/211ehallam/Conceptual%20April%208%202015/public%20comment/Support%20for%20Berko%20Studio%20preservation.txt[3/30/2015 3:46:06 PM] From: dfloria@qcompany.com Sent: Tuesday, February 24, 2015 2:58 PM To: Amy Simon Cc: Nora Berko Subject: Support for Berko Studio preservation Dear Amy Simon, I am writing in support of the current proposal to modify and preserve the historic studio of esteemed photographer, Ferenc Berko. My relationship with Franz began in 1983, when I was invited, as the new Curator of the Aspen Art Museum, to curate an exhibition for the Paepke Gallery, at The Aspen Institute. The exhibition was of Berko's black and white portraits taken at the Institute since his arrival in residence. He and I poured over his prints in that charming studio, it was the first of many wonderful meetings with him there. I firmly believe that the Berko studio is an essential site to the cultural history of Aspen. I believe that it should be preserved as a study center and archive for posterity. It was my great honor and pleasure to know and work with Berko as a friend and colleague, it would be a tragic mistake not to value his distinguished legacy enough to maintain his archive in it's proper home. Please contact me if I can assist in any way. Sincerely yours, David Floria P55 III.B. ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF FEBRUARY 25, 2015 Clarification: Valerie said on the perennials it would be good if the board had a comment on perennials vs Kentucky blue grass as the appropriate right-of-way solution. Debbie said the condition is up to the forester because of the roots of the trees. John Whipple said he is for the perennials if a watering system can be worked out. Jim agreed. Willis said we are approving the landscape plan as part of the vote. Roll call vote: Jim, yes; Bob, yes; John, yes; Patrick, no; Willis, yes. Motion carried 4-1. Jim will be the monitor. 211 E. Hallam —AspenModern Negotiation for Voluntary Designation, Conceptual Major Development, On-Site Relocation and Variances, Public Hearing Debbie said the notice of affidavit is in order and the applicant can proceed, Exhibit I. Exhibit II, new elevations Amy said the review is for an AspenModern negotiation for historic designation of 211 E. Hallam and a major redevelopment. There was a subdivision on the 12,000 square foot lot and it was divided in half. The 6,000 square foot lot is under HPC purview and has a studio on the lot. Nothing has ever been done to say that the studio has historic significance. If it was proposed to be demolished HPC would review that but it hasn't been a contributing resource and so the applicant is voluntarily offering designation under AspenModern. The first discussion is whether the studio should be AspenModern designation worthy. This property has an interesting history. Mr. Berko put Aspen on the map in 1949. With AspenModern negotiation the applicant can ask council for things that are needed for the success of the project. After conceptual it will go to council and then back to HPC for final review. At council they will discuss waiver of the building permit fees, waiver of 8 P56 III.B. ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF FEBRUARY 25, 2015 impact fees. There are a number of large trees on the property. All can be removed except the one in the south east corner back along the alley. The applicant will be applying for a tree permit removal for that tree. As a recommendation HPC should not be discussing the tree as that decision is involving the Parks Dept. and Council. The applicant will be presenting without the tree. If they do not get approval to remove the tree they will come back for conceptual. This is a 6,000 square foot lot with the studio structure on the alley. The applicant has the right to do a duplex and that is their plan. They are proposing to have them touch but they have the option to make them two detached structure and still conform with zoning. By choosing a duplex program that allows 360 more floor area than a single family home. It also allows one additional garage stall of 250 sq.ft. to be exempt from the floor area. The applicant is also asking for the 500 square foot bonus. The project as proposed has 1,110 square feet more gross floor area then is allowed as a standard. At the work session HPC seemed to embrace the idea that the studio could be lifted up, rotated and put on the front of the site. If this is done we'are losing a substantial amount of original material and it would be a character change. The family lived in the house and the studio was an accessory unit. The building would be picked up, turned, making it a street facing building and demolishing some of the existing materials. Staff can get behind this but it clearly has to be justifiable. The biggest issues is how the old and new connect. Amy did a power point on different connectors throughout town. There are a number of guidelines that have not been met with this project. Staff suggested totally detaching the units from each other. Staff said there is a problem with the two story volume added directly to the studio. Staff recommends continuation to re-design the addition to either create a connector or,somehow separate the two pieces. Staff does not feel the FAR bonus is warranted. There are also setback variances being requested. The RDS's require a secondary mass and the applicant is requesting a variance as we feel that should not be granted until there is some improvement with the connector. The applicant has a new front door into the studio that is too far back from the street for the RDS's and we feel that should be restudied. Applicant: Nora Berko Harry Teague 9 P57 III.B. ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF FEBRUARY 25, 2015 Philip Jeffries Mirte Malory Howie Malory Stan Clauson Nora said she grew up in this property and her father, Ferenc Berco had the studio built in 1964 by Ted Mylarz. The structure had to be beautiful, simple and affordable. Those are the same values that lead us on our journey. The studio was a gathering place for participants in the design conference, music festival and institute. They came here to talk and get photographed and all the images were developed and printed here. We have engaged in the AspenModern by choice. When the lot split was done I chose the studio because it was unprotected. The studio would be a great example of AspenModern and giving our family the opportunity for multi- generational living. It would be a Senior center for us and a home for our children. I have seen this neighborhood empty out into second homes. We want to keep life in the West End year round. We have lived on the property for almost 60 years. We have several thresholds in conflict with the HPC guidelines and we recognize that. One is livability. Livability and marketability are two different measures. Our standards align with the Aspen Community Plan and with the housing we want to create a place for two families to live year round and be active participants in the community. We want to reuse the existing structure, build green and generate energy. Regarding transportation we want to be able to walk, bike and have access to RFTA. We also want the town to have a healthy mix of ages. We are attached to the studio and hope to see it celebrated on Hallam St. as an AspenModern. Mirte said Ferenc Berko's photographs and his life career as a photographer were international. It was the dedication to form, line and shape that lead him to be recognized as one of the pioneers of black and white photography. His work is collected in major museums and at international exhibitions: Architecture has always been a part of his vision and photography. It has been my honor to keep the collection alive. We have maintained a dark room in the studio today. The studio is different than other projects that HPC has seen because it has a public interface. Howie said they had family discussions about what is the right thing to do with the property. We came up with two straight forward objectives. First the creation of a multi-generation primary residence duplex which would 10 P58 III.B. ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF FEBRUARY 25, 2015 consist of the renovated studio and a new duplex residence connected to the studio in the rear, the senior housing. The second objective was to landmark the studio and keep the Berko archive here in Aspen. We are here to talk about the livability of the project not the marketability. The studio and the two units should have an abundant access to natural daylight. We don't want to live in shadows. We want to have above grade living. We also want to have affordable construction with basic non-custom materials in the Bauhaus style that are energy efficient. We want to take advantage of the lots natural southern exposure. The senior center would have minimal level changes. We believe this is a proper and successful AspenModern project. Philip Jeffries said the project lines up nicely with the Victorian. The bay window has always faced the interior of the site. We tried to come up with a scenario that balances the preservation and livability. The spirit of the studio is driven by its form and that form needs space around it. The inside of the studio comes to life with the display of light. We need to keep light coming into the studio from both sides. The further we moved the studio forward the more breathing room it had. Philip went over some of the designs they worked on. One unit is in the studio and the other duplex behind. Harry said the studio is key to the history of Aspen which needs preserved and celebrated in an appropriate way. The family is also key. The guidelines were created for a different era and a different style of architecture. The resource would move to the front of the property and spin 180 degrees and what that does is make the resource visible so that it is seen. There is public activity associated with this building. The entrance and the way it addresses the street is very important. We want to create an addition to the studio that creates an entrance from the street. We would build a new foundation out of cinder block and would have exactly the same appearance as it has now. On the back side we would have a slight modification of extending the porch for a deck and changing fenestration in the kitchen with the addition of a little window. You basically look right,throw this building and making a glass enclosure connector in the center would-prevent you from seeing through the building. We are creating a new entrance from a non-functional part of the building. The building in the back is a two story structure. Regarding the parking two are connected to the senior housing (duplex) in back and the other on the side. 11 P59 III.B. ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF FEBRUARY 25, 2015 On the secondary building the master bedroom is on the second floor. It is our intent to create a setback of forms and we gradually increase the program and mass as you step further back. The south elevation is on the alley and we are providing a space for two cars attached to the senior housing and there is a back entrance from the alley side. There is also a single car garage that serves the studio on the alley. The front door of the senior housing faces the street. There is an upper element over the front door. There are two front doors for the duplex from the street. The mass of the building is on the west side and it is opened up to the south east so that gardens, vegetables can be grown in this area. We are utilizing the building collage concept with a dark element over a light element in color. Harry said they have done several projects not by connector additions. The new architecture was attached directly to the old buildings. Mirte said we hope that you will look at this project in the spirit of Modernism and not Victorianism. We have also talked with Ted Mularz, the original architect for the studio and he is in support of this project. Our neighbors are also in support of our project. Willis said this is an exciting project for our community. It is clear that the studio is a living archive with its own front door and the senior housing is a separate residence. Mirte said the studio is a separate family residence for our siblings. Bob asked about the traffic to the archive. Mirte said it depends on what is happening with publications. Requests weekly. It is not a heavy traffic area but I work there daily. Willis said with the archive facing the street one would think you would have more exposure and more traffic. Patrick said in trying not to have the two story over the historic resource taking the bedroom and putting it on the east side and moving the garage up and putting the double garage west so you have a U. That way you would have a view through the building all the way back to the alley. 12 P60 III.B. ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF FEBRUARY 25, 2015 Harry said they explored numerous options. Eventually you are going to r have a two story structure behind the resource and that would block the view to Aspen Mountain. Moving this to one side and having a two story element to one side fit the idea of the collage. Mirte said moving it over would impact the studio twice and our goal is to have as little impact as possible. That would also require a driveway. John said the structure is intertwined with the use of it and the public amenity of being able to visit. Are there any kind of guarantees down the road that this will be maintained as the archive and public amenity? Mirte said the indication is that we want to keep it here. .There is a large amount of material that needs preserved. It is our intent to preserve the archive and keep it here as much as possible. Jim complimented the applicant on their thoroughness and evaluation of alternatives. It is an asset for our community. I agree with continuance and studying the separation and clarifying the setbacks. Chairperson, Willis Pember opened the public hearing. Bill Stirling said all of the AspenModern presentations have been unique. With the structure being moved Aspenites will see this structure. Bringing it forward makes a lot of sense. By shifting it over to the left they have eliminated the bustle look. Mixed uses have been going on in the West End. If you designate it, it stays there. Scott Ride said he and his partner bought the original Berko home. We are looking forward to restoring the Victorian. This will be a unique property with the Victorian and AspenModern studio right beside it. What makes Aspen great is that we embrace many styles. We applaud what is trying to be accomplished here and we are working together. Shortly we will be in front of the HPC. Phyllis Bronson, said the building is aesthetically beautiful. It captures the simplicity of Ferenc Berko's photography. Having a multi-generational project and seeing lights on in the West End permanently is compelling. 13 P61 III.B. ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF FEBRUARY 25, 2015 David Hyman said this is a beautiful presentation. The project will be such an amenity to the community as it draws the 40, 50, 60's into the present day. I have heard no negative comments and it preserves the old studio and enhances it with the view to the mountain. I am total support and hope the HPC passes it. Exhibit III - Amy said e-mails or letters were sent to the HPC from Ted Mularz, Aspen Institute, David Floria, Aspen Community Church, Linda Bump, Jess Bates.and Phil Hodgson. Chairperson, Willis Pember closed the public hearing. Applicant rebuttal: Stan said the required site coverage is 50% and this meets that requirement at 44%. ,In the packet there were extensive alternatives that have been discussed. Staff did not provide a resolution because additional study is being recommended. If the HPC feels there is enough presented staff could prepare a resolution based on the application presented. Willis identified the issues: Designation of an AspenlVModern resource Re-siting of the historic resource Setback variances RDS's — secondary mass Willis agreed with everything that the public commented on. Itis clear that the massing has to go to one side or the other. What we are asked to review is a one dimensional requirement, a one-story ten foot connector to separate the old from the new. The project is beautifully done and it is good architecture but it doesn't meet the narrow guideline for a connector. I can get behind everything else but the connector. Patrick also said he has concerns with the connector. Bob said the concern is the connector entry. I have no problem with the design. The family wants to keep the usage on this property. How you solve the access is the issue. With the double entry they both face the street and they both have different functions and the solution is acceptable. 14 P62 III.B. ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF FEBRUARY 25, 2015 Jim said he agrees with staff to restudy the connector and clarify the setbacks. The basic design is good. John said he understands the uses of the West End and hopes that they continue in the future. He also understand staff's position and the family's needs. This is a tremendous resource and possibly we can re-interpret the guideline for AspenModern architecture. The project is well thought out. MOTION: Jim moved to continue 211 E. Hallam to March 25th; second by Patrick. Roll call vote: Jim, yes; John, no; Patrick, yes; Bob, no; Willis, yes. Motion carried 3-2. Jim said the design is terrific and the continuation is to allow staff to study the separation connector issue and clarify the setbacks. Amy said staff is not suggestion the project start over and they are not suggesting it has to be a one story ten foot long connector. It could be just a little more in alignment as to how it is connected. We are open to some flexability and it is not identical to every other case. MOTION: Willis moved to adjourn; second by Jim. All in favor, motion carried. Meeting adjourned at 8.30 m. Kathleen Strickland, Chief Deputy Clerk 15 P63 III.B. P64 I I I . B . P65 I I I . B . P66 I I I . B . P67 I I I . B . P68 I I I . B . P69 I I I . B . P70 I I I . B . P71 I I I . B . P72 I I I . B . P73 I I I . B . P74 I I I . B . P75 I I I . B . P76 I I I . B . P77 I I I . B . 1 MEMORANDUM TO: Aspen Historic Preservation Commission FROM: Amy Simon, Historic Preservation Officer RE: 135 E. Cooper Avenue- Minor Development, Continued Public Hearing DATE: April 8, 2015 ______________________________________________________________________________ SUMMARY: The subject property is listed on the Aspen Inventory of Historic Landmark Sites and Structures, as well as the National Register of Historic Places. The site contains the 1888 Dixon-Markle house, which itself is virtually unaltered on the exterior. A more modified 19 th century outbuilding is located along the alley. In 2003, HPC approved Major Development review that entailed moving the house slightly to the north and east of the original location, constructing an addition along the west side of the house, and constructing a new garage along the alley. The project included a 500 square foot floor area bonus and setback variances to accommodate existing and newly created conditions. The project won a Preservation Honor award upon completion in 2005. The applicant is requesting Minor Development review to increase the size of the connector between the old and new construction. The modest amount of square footage involved in the project qualifies this as Minor Development. HPC reviewed the proposal on January 22, 2014 and August 27, 2014. At both meetings Staff recommended denial, finding that the proposal did not meet the design guidelines. HPC had numerous concerns (see attached minutes) and continued the hearing to this date so that the applicant could restudy. P78 III.C. 2 Staff continues to find that the work negatively impacts the historic resources. APPLICANT: Chris Pat Aspen LLC, represented by Haas Land Planning and Zone 4 Architects. PARCEL ID: 2735-131-04-003. ADDRESS: 135 E. Cooper Avenue, Lots H and I, and the easterly 5 feet of Lot G, Block 70, City and Townsite of Aspen. ZONING: RMF, Residential Multi-Family. MINOR DEVELOPMENT The procedure for a Minor Development Review is as follows. Staff reviews the submittal materials and prepares a report that analyzes the project’s conformance with the design guidelines and other applicable Land Use Code Sections. This report is transmitted to the HPC with relevant information on the proposed project and a recommendation to continue, approve, disapprove or approve with conditions and the reasons for the recommendation. The HPC will review the application, the staff analysis report and the evidence presented at the hearing to determine the project’s conformance with the City of Aspen Historic Preservation Design Guidelines. 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. If the application is approved, the HPC shall issue a Certificate of Appropriateness and the Community Development Director shall issue a Development Order. The HPC decision shall be final unless appealed by the applicant or a landowner within three hundred (300) feet of the subject property in accordance with the procedures set forth in Chapter 26.316. Staff Response: When the renovation of this house was reviewed in 2003, the applicant requested a two story connector, which the board did not support. The connector was revised to one story, which was approved as part of the HPC’s Conceptual review decision in September 2003. In the subsequent years, staff has had numerous conversations with the property owner about functional concerns with the layout of the house. The owner would like a central staircase accommodated in the connector. HPC held a worksession on this topic in 2012 and two public hearings in 2014. The design guidelines that relate to this project have not changed since 2003. At the time this project was proposed, there were many options that were possible for adding onto the house. The floor plan was not dictated by HPC. The addition could have been one story instead of two, bedrooms could have been grouped closer together, etc. Minimizing the size and height of the connector was an important issue to the HPC at the time that Major Development was approved. It has been difficult to find a way to alter the connector while maintaining the success of the existing project. P79 III.C. 3 The applicant has provided a packet summarizing numerous options. The so called “original option” was presented to HPC at a past worksession but never developed further. Three other options were shown to HPC at the last hearings. Option 1 keeps the connector footprint in the same position as it is now, with a second story added and a stair placed to the south. Option 2 leaves the connector footprint in the current position on the ground level, but adds a new hallway/stair landing at the second floor, forward of and cantilevered above the existing connector location. A stair is added on the south side of the corridors. Option 3 moves the connector footprint forward of the current location, stacks a hallway/stair landing on top and adds a stair on the south side. Each option creates new impacts on the historic resource by removing historic materials, filling in the current sense of openness between the new and old construction, and introducing an sizable architectural element that is a contrasting material to the Victorian immediately next to it. The connector currently has no visibility from the Aspen Street view of the property, but will become apparent in the proposed options and pops above or on top of the Victorian roof. New option 6, may be the most objectionable of all in that it is not only an east-west oriented corridor; it also wraps along the west façade of the addition and narrows the gap that currently exists between the new and old. An interior remodel that improves the layout of the home remains an option for the owner as well. The property is at the maximum floor area, including a 500 square foot bonus previously awarded for outstanding preservation effort. No alterations to this project are possible unless the applicant permanently frees up some floor area. It has been suggested this will be accomplished by de-commissioning the existing finished attic space in the historic house. In order to remove that space from floor area calculations, the Zoning Officer will have to find that access to the attic is inconvenient and the area is uninhabitable, which will require removal of an existing stair and likely removal of all finishes in the space, for instance taking the flooring down to plywood. Further review by Zoning would be needed prior to building permit. ______________________________________________________________________________ DECISION MAKING OPTIONS: The HPC may: • approve the application, • approve the application with conditions, • disapprove the application, or • continue the application to a date certain to obtain additional information necessary to make a decision to approve or deny. ______________________________________________________________________________ RECOMMENDATION: Staff recommends that the proposal be denied, finding that the guidelines are not met. P80 III.C. 4 Exhibit: Resolution #___, Series of 2015 A. Design Guidelines B. January 22, 2014 minutes C. August 27, 2014 D. Application “Exhibit A, Relevant Design Guidelines, 135 E. Cooper Avenue- Minor Review ” 7.3 Minimize the visual impacts of skylights and other rooftop devices. Flat skylights that are flush with the roof plane may be considered only in an obscure location on a historic structure. Locating a skylight or a solar panel on a front roof plane is not allowed. A skylight or solar panel should not interrupt the plane of a historic roof. It should be positioned below the ridgeline. 10.3 Design a new addition such that one's ability to interpret the historic character of the primary building is maintained. A new addition that creates an appearance inconsistent with the historic character of the primary building is inappropriate. An addition that seeks to imply an earlier period than that of the primary building also is inappropriate. An addition that seeks to imply an inaccurate variation of the primary building's historic style should be avoided. An addition that covers historically significant features is inappropriate. 10.4 Design a new addition to be recognized as a product of its own time. An addition should be made distinguishable from the historic building, while also remaining visually compatible with these earlier features. A change in setbacks of the addition from the historic building, a subtle change in material or a differentiation between historic, and more current styles are all techniques that may be considered to help define a change from old to new construction. 10.6 Design an addition to be compatible in size and scale with the main building. An addition that is lower than or similar to the height of the primary building is preferred. 10.7 If it is necessary to design an addition that is taller than a historic building, set it back substantially from significant facades and use a "connector" to link it to the historic building. A 1-story connector is preferred. The connector should be a minimum of 10 feet long between the addition and the primary building. The connector also should be proportional to the primary building. 10.8 Place an addition at the rear of a building or set it back from the front to minimize the visual impact on the historic structure and to allow the original proportions and character to remain prominent. P81 III.C. 5 Locating an addition at the front of a structure is inappropriate. Additional floor area may also be located under the building in a basement which will not alter the exterior mass of a building. Set back an addition from primary facades in order to allow the original proportions and character to remain prominent. A minimum setback of 10 feet on primary structures is recommended. 10.9 Roof forms should be similar to those of the historic building. Typically, gable, hip and shed roofs are appropriate. Flat roofs are generally inappropriate for additions on residential structures with sloped roofs. 10.10 Design an addition to a historic structure such that it will not destroy or obscure historically important architectural features. For example, loss or alteration of architectural details, cornices and eavelines should be avoided. 10.11 On a new addition, use exterior materials that are compatible with the historic materials of the primary building. The new materials should be either similar or subordinate to the original materials. 10.14 The roof form and slope of a new addition should be in character with the historic building. If the roof of the historic building is symmetrically proportioned, the roof of the addition should be similar. Eave lines on the addition should be similar to those of the historic building or structure. P82 III.C. A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC) DENYING MINOR DEVELOPMENT FOR 135 E. COOPER AVENUE, LOTS H AND I, AND THE EASTERLY 5 FEET OF LOT G, BLOCK 70, CITY AND TOWNSITE OF ASPEN, COLORADO RESOLUTION #__, SERIES OF 2015 PARCEL ID: 2735-131-04-003. WHEREAS, the applicant, Chris Pat Aspen LLC, represented by Zone 4 Architects, requested Minor Development approval for 135 E. Cooper Avenue, Lots H and I, and the easterly 5 feet of Lot G, Block 70, City and Townsite of Aspen. The property is a designated landmark; 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 Minor 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 design guidelines per Section 26.415.070.C 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, Amy Simon, in her staff report dated April 8, 2015, performed an analysis of the application and recommended that the review standards and design guidelines were not met for the project as proposed; and WHEREAS, during a duly noticed public hearing on April 8, 2015, the Historic Preservation Commission considered the application, found the application was not consistent with the applicable review standards and guidelines and denied the application by a vote of __ to __. NOW, THEREFORE, BE IT RESOLVED: That HPC denies Minor Development for the property located at 135 E. Cooper Avenue, Lots H and I, and the easterly 5 feet of Lot G, Block 70, City and Townsite. APPROVED BY THE COMMISSION at its regular meeting on the 8th day of April, 2015. __________________________ Willis Pember, Vice Chair Approved as to Form: P83 III.C. ____________________________________ Debbie Quinn, Assistant City Attorney ATTEST: ___________________________ Kathy Strickland, Chief Deputy Clerk P84 III.C. ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF JANUARY 22 2014 Sallie said because of the architectural integrity of this house anything fixed on the window could be uglier than what is there now. Jay said he had a hard time figuring out the windows. Nora asked about the proposed north window. Willis said his only concern is the north windows. Maybe staff and monitor can address the north window. Sallie agreed. Kate said we are open to suggestions on the north window. We are not architects. Jay said all the APCHA properties should be identified that have an historic overlay on them. MOTION: Willis moved to approve resolution #4 for 947 E. Cooper approving the French doors installed on the south deck; approve the already installed upper south and west windows; applicant to submit revisions to the proposed ground floor north windows to be reviewed and approved by staff and monitor and moving the three windows from north to east is approved as shown in the drawing. Motion second by Sallie. Roll call vote: Sallie, yes; Nora, yes; Willis, yes; Patrick, yes; Jay, yes. Motion carried 5-0. 135 E. Cooper—Minor, Development— Public Hearing Dylan Johns, Zone4architects Mitch Haas, Haas Planning Amy said this is a landmark property and on the National Register. There is an 1888 Victorian on the site and an out building along the alley that is about the same vintage. In 2003 the house was allowed to be picked up and moved slightly closer to the corner and there was an addition made to the west side with a one-story link between the new and old and some construction to the out building and garage on the alley. The application is to increase the size of the connector because it is causing circulation problems with the living spaces. Staff finds that changing the connector to a two story connector does not meet the guidelines. When this was approved 5P85 III.C. ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF JANUARY 22, 2014 by HPC they allowed the new and old to be closer together than the ten foot distance that is required. By turning this into a two story element and a much larger connecting element it is really taking away from the success of the project and not complying with the guidelines. They are at the max for FAR and might have to alter the attic. The proposal diminishes the distinction between new and old and it covers up four historic windows in the large section of the west facing wall of the Victorian house. A skylight is also being requested on the historic carriage house on the alley. The skylight would be on the west facing slope and it would not be very visible. Our recommendation has always been to use traditional windows to bring in natural light in instead of incompatible skylights placed on a roof of an historic building. Staff is recommending denial of the project. Dylan Johns, Zone 4 architects Mitch Haas, Haas Planning Mitch said the historic house sits on the corner and the addition done in 2003 is to the side of the house, on the west side. The connecting element is 7 feet instead of 10 feet. In 2003 the house got an award for the preservation efforts. The biggest problem with the house is the function and flow of the house. You have two two-story houses with a one-story connecting element. If you are upstairs in the master bedroom of the new addition you have to go down the stairs and across the house and back up the stairs to get to the other bedrooms. The house is often used as a rental house by the owner. The owner has tried different ways to make this work so it can function well so that the form will follow the function. In 2012 there was a work session and it was discussed making the linking element a two-story glass box. It is hard to tell if the existing link is historic or added on. The proposal now is similar to what was presented at the work session. The linking element provides a hallway to get from one side of the house to the other. The guidelines encourage owners to rehabilitate their historic homes and to coincide with historic preservation. At the same time the guidelines are not intended to result in dysfunctional homes where the livability of the home gets compromised and the form doesn't follow the function. The guidelines seek to balance the concerns with providing a product at the end of the day that someone can be happy with and live with and provides incentives as a way to get there. Guideline 10.7 talks about linking elements and it says one-story elements are preferred but it doesn't say a one-story is required. I would say the existing connector is not proportional. It is small and makes it confusing as to what is old and new on this building. The proposed 6P86 III.C. ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF JANUARY 22 2014 connector sits below the eave lines and made to be fully transparent. We feel guideline 10.3 and 10.4 are met. The length of the connector will still be 7 feet and it has been pulled forward to have some space in front of the stairway and open up the floor plan. We could pull the front curtain wall back three feet and in doing so preserve another window on the ground floor. The accessory dwelling unit is lived in and it is dark inside and the windows on the outbuilding are small. The skylight would be a better solution than proposing punching in new windows in the side of the building. If windows are preferable we could do that. On the west fagade it is blistering and we could put a window there because it needs repaired. Dylan Johns said they met with the zoning officer to determine the floor area calculations. Jay said destroying historic fabrics is a concern of this board. This project as proposed would remove 4 original windows and a considerable amount of a wall. Jay asked how you justify removing the historic fabric. Mitch said part of it is the lack of visibility. There is no other way to do the connector. The function of the house is not there. Willis asked why it is dysfunctional. Is it because the master bedroom occupants have to go down stairs to visit the regular bedrooms. Mitch said there is no flow to get to the living space. None of the stairs can stack and there are three sets of stairs in this house and they don't stack with one another. It is the intent to stack everything in one central corridor. The central stair will give us the ability to eliminate two sets of stairs. The dysfunction is mainly the lower level. Chairperson, Jay Maytin opened the public hearing. There were no public comments. The public hearing portion of the agenda item was closed. Jay identified the issues. Jay said the house has been built there for 11 years and it has been functioning. The flow should not enter as part of the decision. We need as a board to focus on our guidelines. The two-story linking element is an issue and the destruction of the historic fabric. 7P87 III.C. ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF JANUARY 22, 2014 Sallie said everyone was opposed to the skylight in the cabin at the work session. The connector is a nice design and it is transparent but it is not applicable to our charge as a commission and it doesn't fit the guidelines. Nora said she is opposed to the skylight and the applicant needs to figure out a way not to destroy three windows and the wall of the Victorian. This building is on the National Register and won an HPC award. The wall of the house should not be disrupted and I echo staff's concerns in her memo. Willis agreed with Nora that the existing fabric needs to be unaltered and the connector should be transparent. The roof should be glass. Patrick said he agrees with staff's memo that guideline 10.3, 10.7, 10.81 10.99 10.10, 10.11 and 10.14 are not met and the skylight is not appropriate. We are happy to do something as long as the historic fabric is not destroyed. Staff noted that there are other options such as interior remodels to address the concerns of the layout of the living space. Jay said it is not appropriate to destroy any more historic fabric. From what I understand you can't do this project without destroying three historic windows and part of the historic house. I would be interested to see if there is a solution that the applicant can come up with to solve their flow problems and not touch the house. If there was ten feet between the house and addition you could have probably fit the glass box in there without touching the historic fabric. The linking element has some positive things to it. Sallie said the siding should be repaired on the shed. Mitch said hopefully we can continue this and look at other options and if I can get success convincing my client that she should leave the stairs where they are and work with the connecting link. We would probably come back with a window rather than a skylight. Nora also suggested an internal remodel so that you are not touching the historic resource. Dylan Johns said the eave line is rather low. Mitch said an obvious solution would be a smaller link. Could we keep walls and windows inside a linking element with some kind of condition or 8P88 III.C. ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF JANUARY 22, 2014 agreement that those are still under HPC purview. They would still be retrievable. Willis said if your preserve the interior surfaces and the windows and made it more transparent so that you could see in and see the historic fabric that would work for me. Nora asked what Willis suggestion would do to the integrity of the historic resource and the integrity of the board. Amy said HPC traditionally does not review interiors and it would be difficult to monitor the inside of a building. Sallie said we would be setting a precedent. I have seen a lot of houses like this. I like the idea of taking away the connector and putting in a glass connector but making it one-story. It doesn't solve getting from the master bedroom to the other bedrooms. Sallie said HPC has a problem with people being able to walk across their connector or putting a hot tub on top of their connector. MOTION: Jays moved to continue 135 E. Cooper to April 9t', second by Sallie. All in favor, motion carried. Patrick said he would rather they come back with a new proposal. MOTION: Jay moved to adjourn; second by Sallie. All in favor, motion carried. Meeting adjourned at 7:30 p.m. Work Session — Main Street cross walk lighting No- minutes Kv Xe e Kathleen J. trickland, Chief Deputy Clerk 9P89 III.C. ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF AUGUST 27, 2014 Vice-chair, Willis Pember, called the meeting to order at 5:00 p.m. Commissioners in attendance were John Whipple, Patrick Sagal, Jim DeFrancia, Nora Berko and Sallie Golden. Jay Maytin was absent. Staff present: Debbie Quinn, Assistant City Attorney Amy Simon, Historic Preservation Officer Kathy Strickland, Chief Deputy Clerk MOTION: John moved to approve the minutes of July 23, 2014 and August 6, 2014; second by Jim. Patrick amended the August 6t' minutes page 24. All in favor, motion carried. Disclosure: Nora will recuse herself on the work session of 223 E. Hallam as she is part owner. Willis will recuse himself on 549 Race Alley. He has been in contact with the new owner. 135 E. Cooper Ave. — Minor Development, continued public hearing Amy said this is a large Victorian listed on the National Register of Historic Places and is on the corner site of Cooper and Aspen Street. In 2003 the owner proposed a renovation of the house which has the Victorian preserved on the corner and a similar mass next to it. The two pieces are linked together with a one story hallway. There has always been a concern of the minimal passageway between the two major living areas. The public hearing was continued to tonight. There have been a few different designs to try and turn this one story connector into a two story stair case that would link the house together so you could walk more freely between both levels of the house. In January HPC denied the project finding that the guidelines have not been met and it deteriorated the success of the project when you had a nice breathing space between the structures. There are a few proposal tonight but staff is not able to find that they are successfully meeting the guidelines. The linking element guideline shows that it should be as minimal as possible. Trying to incorporate a stair into this part of the project is 1P90 III.C. ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF-AUGUST 27, 2014 really creating an object between the two masses that is bigger than what we think is successful in the context of the guidelines. This link is on top of the Victorian in a few concepts and staff cannot support the application. The compromise suggested is that the one story connector has a deck on it and from the new house you can actually walk out onto this deck but you cannot go into the Victorian because there is an historic window. Possibly the window could be turned into a door to get to the second floor levels of the house. Beyond that there is interior remodeling that could occur. There is also a request for a skylight in the historic out building in the alley. A skylight is an out of character way to add light into the building. Staff has suggested a window that could be approved by staff and monitor. Staff recommends that the proposal in your packet be denied but you would allow them to convert this one historic window into the door on the Victorian and that you would allow a window on the outbuilding to be approved by staff and monitor. Dillon Johns and Mitch Haas represented the owner Christy Ferer. Mitch said this project has been back and forth and we are trying to find a workable solution. The property is on the Corner of Cooper and Aspen Street. There is an out building that is occupied and used as an ADU and a garage. When the addition was made there was no room to go back with a linking element which is normally the case. There are two bedrooms and a stair in the historic house and a set of stairs in the addition that gets you to the master bedroom. We are trying to resolve that you don't have to go down the stairs and across the link and up the stairs to get from the one side to the other. Over time this has been an ongoing function. At the last meeting we heard that if we could find a way to solve the problem and disturb less of the historic fabric then we could bring it back to the HPC. We have tried to make it easier to tell where the old ends and the new begins. We have come up with three options. I Dillon said on the ground floor we would leave the existing connector and the stairs and on the upper level where the existing window is we would make a connection from the addition to the historic resource but stack the connector over the existing connector. The two story connector would be all glass. One window would need to be removed. Mitch said because of the roof line you can't pop a door through the window as suggested because the window goes up under the eave and if you put a 2P91 III.C. ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF AUGUST 27 2014 door in you would have to cut into the roof to make the door a normal height. 2 Dillon said the existing corridor would stay and the stairs are to the south of the corridor. We have shifted the upper connector over so that it lands in between two existing windows. We would be preserving all the main features of the house and only penetrating the siding wall area in between them. With this design the roof connection becomes more clean and you don't destroy the historic windows. 3 Dillon said in this scenario we are eliminating the existing corridor and taking a new corridor and new stair and pushing it into the house. We are still leaving a gap between the new envelope and the historic house. We could move the historic window to keep it on the site. On the upper level the corridor would stack on top of the ground level connection. Dillon said the property owner is willing to further screen the connector with trees etc. On the carriage house the kitchen is dark and we are flexible as to the size and location of the window instead of a skylight. Mitch said the ADU is occupied year round as an ADU and it is dark. The siding is somewhat damaged in the area where the window would go. Nora inquired about the increase of site coverage. Would the two story connector impact the light going into the cabin. Mitch said he didn't think the connector would impact the cabin because it is glass. There might be a little more light coming to the cabin. Vice-chair, Willis Pember opened the public hearing. There were no public comments. The public hearing was closed. Willis identified the issues: Connector Window on the outbuilding on the alley instead of a skylight. Willis said the applicant has done a good job in explaining the difficulty in simply using an outdoor connector above the existing connector and its relationship to the roof option #1. Option #3 is a good synthesis between option #1 and #2. 3P92 III.C. ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF AUGUST 27, 2014 Amy said this is a two story addition to a two story house. Guideline 10.7 said if you are designing an addition that is taller than the historic building set it back and use a connector. A one story connector is preferred and it should be ten feet long. This guideline has some relevance but this situation is somewhat different. There are other guidelines that talk about removingaslittlehistoricmaterialaspossible. Mitch said the link is about 7 feet east to west. Willis said the applicant has done a good job of interacting with the historic resource. Nora asked how far forward of the historic house is the connector moving. Dillon said he believes the connector/stair is moving forward five feet. The net change of the connector would be about the same. The question is do we leave what is originally built or do we puu it back. Willis said he is comfortable with #3 and there is vegetation and things grown that obscure the connector and site lines to it. Jim said he is also comfortable with option #3. Sallie said she agrees with staff and is not in favor of deviating from the guidelines with a two story connector between the buildings. Nora said she feels the floor plan is an internal question. This building is on the National Register and is a historically landmarked house and how do you honor these listings when you are changing it significantly and bulking upthesite. The site is getting really heavy. Our charge is stewardship of the historic house and this design seems counter to the integrity that I am charged with. John said when he looks at this project the existing linking element really blends the two together where the glass delineates between the two buildings. The two buildings look similar and hopefully one could be painted differently. John said he could support option #3. Patrick said he agrees with staff that the project should be denied. You could put the bedrooms on the same side. The design destroys the character 4P93 III.C. ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF AUGUST 27. 2014 and separation of the two houses. Even though it is glass it creates one house where it should be two houses. The skylight in back should not be approved but the window in the ADU could be approved. John asked if the connector could step down two or three steps to make the doorway as staff has suggested. Dillon said we are already dealing with a level change from one side to the other of approximately two steps as the addition is set slightly higher. Patrick mentioned the attic and its use and possibly the next owner would open up the attic. Amy said community development is taking this seriously that this property is maxed out on FAR and the idea of freeing some up for the project you are looking at is questionable. They would have to turn the attic back to storage instead of leaving it the way it is now. Mitch said the attic space is legal right now. We would only have to get rid of the space if we added the stairs. Dillon said if we were to get approval for the connector we would have to reconfigure the space no matter what. In order to convert the attic space we would have to have a drop down ladder access. Willis said the glass separates the two building and architecturally the design is appropriate. They have met the intent of the guidelines. It says a one story is preferred but it doesn't say never have two stories. Sallie said she has seen architecture that doesn't meet the guidelines in the past. The applicant should figure out a way to do what staff has recommended. MOTION: Willis made the motion to approve resolution #24 for 135 E. Cooper Ave. with the connector option #3 as presented by the applicant. Elimination of the skylight proposal on the out building and a window to be replaced in the vertical wall that is approved by staff and monitor. Staff and monitor to review the glass sample; motion second by Jim. 5P94 III.C. ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF AUGUST-27, 2014 Patrick said he would like to see two bedrooms on the same side. Staff recommends altering the interior. Mitch said there isn't enough room for two bedrooms on the same side. We have explored interior and exterior. There isn't an interior re-working that will solve this. This was originally approved as a one story connector because HPC wouldn't approve two stories. The guidelines also say the new should not mimic the old. We are still trying to find a reasonable balance between a private property owner's rights and the historic preservation interests of the city. A one story connector "is not a hard and fast rule, it is a guideline. Nora said she appreciates the glass connector. Her issue is the bulk of the additional glass as it is quite massive. Roll call vote: Jim, yes; Sallie, no; Nora, no; Willis, yes; John, yes; Patrick, no. Tied vote 3-3, no action. MOTION: John made the motion to continue the application until November 19°2014. John made the motion to approve resolution #25 for the window fon the ADU because they need light and it is not detrimental to the project. Motion second by Willis. Roll call vote: Jim, yes; Sallie, no, Nora, yes. Willis, yes, John, yes, Patrick, no. Motion carried 4-2. John said the applicant has the right to exercise their development rights with a continuation and for us to flat out deny this closes the conversation. We are here to have open conversations. 549 Race Alley and Lot 4 and Lot 5 for Fox Crossing Subdivision - Final Major Development, Setback Variance, Public Hearing Willis recused himself. Jim chaired the meeting. Debbie said the notice has been properly provided and the applicant can proceed. Exhibit I. 6P95 III.C. 420 EAST MAIN STREET, SUITE 10-B l ASPEN, CO 81611 l (970) 925-7819 l mitch@hlpaspen.com Memo To: Ms. Amy Simon and the Aspen Historic Preservation Commission From: Mitch Haas, Haas Land Planning, LLC Thru: Christy Ferer, Owner of 135 East Cooper Avenue Dylan Johns, Zone 4 Architects, LLC Date: March 5, 2015 Re: 135 East Cooper Avenue 135 East Cooper Avenue is located on the southwest corner of South Aspen Street and East Cooper Avenue, immediately across the street from the Limelight Lodge. The 2004 renovation resulted in home that has proven very challenging for family use due to the limiting ground floor connector element between the two-story resource and the two-story addition. As a consequence, the home requires two interior staircases: one that provides access to the master bedroom located above the addition, and another providing access to the other bedrooms on the second floor of the historic portion of the house. The owner of the home, her family and her friends who have stayed there have been unhappy with the two staircases for nearly ten years because of the many resulting functional problems. The applicant has, over the last 10 years, appeared before the HPC several times in an effort to find an acceptable design solution that will allow for the direct passage from one second floor area to the other. The most recent set of efforts began with the plans labeled ‘Original Submittal” in the rear of the accompanying package that was prepared by Zone 4 Architects. The Original Submittal plan was subsequently followed by what is now shown as the “Previous Submittal,” which included three additional design options. Now, the applicant is putting forth another plan, referred to in the accompanying plans set as “Option 6 – Latest Revision.” The following narrative provides a summary of each option and is followed by a review of the applicable HPC Design Guidelines. (I am not sure why the latest revision is labeled as “Option 6;” this must be a numbering error as there is no Option 5.) The “Original Submittal” provides a connector and stair that are fully integrated and enclosed between the historic resource and the addition. While this connection appears a bit more substantial than might be the case with subsequent options, it Haas Land Planning, LLC P96 III.C. Page 2 creates a very distinct separation between the old and the new. The biggest issue with this option was the impact to the historic west façade and two windows. “Option 1” includes a second floor link stacked directly atop the existing ground floor connector. While this option provides the cleanest looking connection from the front, it projects far to the rear, results in the removal of a historic second floor window, and requires a good deal of intrusion into the historic roof. These glass-enclosed stairs would sit in the area where the existing exterior stairs down to the sunken hot tub area reside today. “Option 2” is similar to Option 1 and sits on the same footprint, but Option 2 provides a second floor link that does not stack on top of the existing ground floor connector. Instead, the second floor link in Option 2 is forward of the ground floor connector so as to avoid removal of any historic windows and to minimize intrusion into the historic roof. Like Option 1, these glass-enclosed stairs would also sit in the area where the existing exterior stairs down to the sunken hot tub area reside today. “Option 3” is something of a hybrid of Options 1 and 2. Option 3 involves the replacement of the existing ground floor connector element and replacing it north of its current location to stack cleanly and directly beneath the second floor link described in Option 2. The affected historic window on the ground floor would be relocated to the area where today’s link is, effectively moving to behind the new connecting element. One result of this option is a good deal less projection of the glass enclosed stairs out toward the rear of the resource and, therefore, a significantly less visibility from the east/south than would be the case with the aforementioned options. Finally, under “Option 6” the stairs have been moved to the north of the existing link rather than to the south (as was the case with all previous options). This utilizes a non-stacking link like Options 1 and 2. In this Option 6, only one new flight of stairs is created, utilizing an existing interior flight (half of the stair is within the house). While it is recognized that this option decreases the distance between the resource and the new construction, the visibility of the new stair will remain partially blocked by existing trees and vegetation, and it will continue to sit well back from the historic house’s front façade and wrap-around front porch. The new flight of stairs adjoins the non- historic addition, keeping the impact to the historic structure with regard to its walls, windows and roof all to a minimum. Furthermore, the new flight of stairs would be glass enclosed, serving to finally provide much needed differentiation between the historic resource and the new construction. The applicable HPC Design Guidelines are discussed below relative to the various proposed options. The portions printed in bold are the applicable design guideline while the bulleted points beneath are merely examples of ways that the guideline might be met/satisfied. These can be thought of as the “standard” in bold with suggested means of achieving compliance provided in the bullet points. P97 III.C. Page 3 10.3 Design a new addition such that one's ability to interpret the historic character of the primary building is maintained. • A new addition that creates an appearance inconsistent with the historic character of the primary building is inappropriate. • An addition that seeks to imply an earlier period than that of the primary building also is inappropriate. • An addition that seeks to imply an inaccurate variation of the primary building's historic style should be avoided. • An addition that covers historically significant features is inappropriate. All of the presented design options improve upon the property’s current consistency with the letter and intent of this Guideline. The existing condition does a relatively poor job of maintaining one’s ability to interpret the historic character of the primary building as the addition is often mistaken for being historic. The existing link is so insubstantial as to be completely out-of-scale that it often gets “lost,” failing to satisfactorily differentiate where the old meets the new. While all of the proposed design options will greatly improve on the clarity of what is new versus what is old while maintaining compatibility, it is felt that “Option 6” is the most successful relative to this standard. 10.4 Design a new addition to be recognized as a product of its own time. • An addition should be made distinguishable from the historic building, while also remaining visually compatible with these earlier features. • A change in setbacks of the addition from the historic building, a subtle change in material or a differentiation between historic, and more current styles are all techniques that may be considered to help define a change from old to new construction. Please refer to the response provided for Guideline 10.3, above. In addition, by enclosing the stairs in glass, a method that has been employed in many successful preservation projects in town, the addition will be easily recognized as a product of its own time. 10.6 Design an addition to be compatible in size and scale with the main building. • An addition that is lower than or similar to the height of the primary building is preferred. Both the existing historic structure and its two-story addition are substantial in size and scale. The proposed addition, even while changing a single-story link to a two-story connection, will easily maintain compatibility and subservience in size and scale. To the contrary, the existing link is out-of-scale as it is too small to be truly compatible or to facilitate differentiation between new and old. 10.7 If it is necessary to design an addition that is taller than a historic building, set it back substantially from significant facades and use a "connector" to link it to the historic building. P98 III.C. Page 4 • A 1-story connector is preferred. • The connector should be a minimum of 10 feet long between the addition and the primary building. • The connector also should be proportional to the primary building. Please note in considering this standard that it does not require a 1-story connector. To the contrary, it merely suggests that a 1-story connector is preferred but it is suspected that this language is biased toward the prevalence of single-story historic structures and miner’s cottages. The subject resource is unusual for its era in terms of its size, mass and scale. As such, and “unusual” connector is appropriate. The existing link is out-of-scale as it is too small and too subservient to be truly compatible or to facilitate differentiation between new and old. It gets “lost” between the two sides, leaving it difficult for passersby to recognize that there is a historic resource and a new addition. Instead, the entire structure including the addition is often mistakenly assumed to be historic, meaning the link is doing a disservice to the resource. In all options, the new connector/linking element remains shorter than and subservient to the historic building. In all provided options, the linking element remains setback substantially from the significant facades. In all provided options, the connector’s proportionality relative to the primary building is greatly improved. While all of the proposed design options will greatly improve on the clarity of what is new versus what is old while maintaining and even enhancing compatibility, it is felt that “Option 6” is the most successful relative to this standard. 10.8 Place an addition at the rear of a building or set it back from the front to minimize the visual impact on the historic structure and to allow the original proportions and character to remain prominent. • Locating an addition at the front of a structure is inappropriate. • Additional floor area may also be located under the building in a basement, which will not alter the exterior mass of a building. • Set back an addition from primary facades in order to allow the original proportions and character to remain prominent. A minimum setback of 10 feet on primary structures is recommended. No new additions, per se, are proposed. Rather, a redesign of the connection between the existing addition and the historic structure is being requested. That said, the redesign of the connection does involve adding to it one way or another. Options are provided for adding to either the rear or the front of the existing connection but in no case is an inadequate setback from primary facades contemplated. None of the options proposes an addition at the front of the historic resource and the original proportions and character will remain every bit as prominent as they are today. In all proposed options, the improved connector will remain a good deal more than 10 feet back from the primary historic façade, not to mention the front of its large warp- around porch element. This standard is met. P99 III.C. Page 5 10.9 Roof forms should be similar to those of the historic building. • Typically, gable, hip and shed roofs are appropriate. • Flat roofs are generally inappropriate for additions on residential structures with sloped roofs. The existing connector’s roof form is flat with a neo-historic hand railing. The flat roof form is out of character with the sloped roofs of the historic structure and the addition, particularly since the roof of the connector sits so low relative to the adjoining building walls. Moreover, the neo-Victorian handrail on top of the existing connector lend to the confusion of what is new versus what is old. In other words, the existing handrail is far too similar to that of the restored historic front porch and fails to adequately differentiate between the resource and the addition. All of the proposed connector options incorporate some degree of glass shed roofing with an emphasis on minimizing intrusion into the historic structure’s roof form. “Option 1” would require the greatest degree of intrusion into the historic roof, while the “Original Submittal” would involve the next highest degree of intrusion. The remaining options truly minimize impacts to the historic structure’s roof and are successful in better differentiating the asset from the new construction as products of their own time. 10.10 Design an addition to a historic structure such that it will not destroy or obscure historically important architectural features. • For example, loss or alteration of architectural details, cornices and eavelines should be avoided. Please refer to the narratives provided above in response to the previous guidelines. While all of the proposed design options will greatly improve on the clarity of what is new versus what is old while maintaining compatibility, it is felt that “Option 6” is the most successful relative to this standard. Furthermore, Option 6 will destroy or obscure the least amount of historic fabric and architecturally important features. Only a five or so foot wide section of second floor wall and roofing will be minimally impacted and in a location that is already greatly obscured from view. The remaining windows, walls and roofing will be unaffected. 10.11 On a new addition, use exterior materials that are compatible with the historic materials of the primary building. • The new materials should be either similar or subordinate to the original materials. All of the submitted design options use glass as the primary material so as to lighten its visual affect in the same manner as has proven successful on many historic preservation projects throughout Aspen. This material will be subordinate and recede to the original structure while helping to improve one’s P100 III.C. Page 6 ability to interpret the historic structure from the new construction. Again, it is felt that Option 6 is the most successful of all options in this regard. 10.14 The roof form and slope of a new addition should be in character with the historic building. • If the roof of the historic building is symmetrically proportioned, the roof of the addition should be similar. • Eave lines on the addition should be similar to those of the historic building or structure. Please refer to the response provided under Guideline 10.10, above. Between the historic wrap-around front porch (which the applicant fully restored at her option, i.e., voluntarily) and the large evergreen tree that continues to grow, any expansion of the linking element is and will become even more obscured from view. Additionally, the neighborhood has changed enormously with very permissive, unsympathetic structures (i.e., the Limelight Lodge redevelopment and the Dancing Bear residences to name just two) overshadowing this house that the applicant worked so hard to restore. In comparison, the proposed corrective remodel seems like such a small and completely reasonable request. “Form follows function,” is an underlying principle of all good architecture but, in the case of the previous approvals, function was completely cast aside in the name of something then assumed to provide a better form. After many years, it has become evident that the approved design just does not work. As part of the Purpose and Intent of Historic Preservation in Aspen, as outlined in Chapter 26.415 of the City of Aspen Municipal Code, the following is stated; The City does not intend by the historic preservation program to preserve every old building, but instead to draw a reasonable balance between private property rights and the public interest in preserving the City’s cultural, historic, and architectural heritage. [Emphasis added.] While the remodel was awarded a commendation from the HPC, it fails to meet the Purpose and Intent of the City’s Historic Preservation program inasmuch as the resulting home fails to “draw a reasonable balance between private property rights and the public interest in preserving the City’s cultural, historic, and architectural heritage.” The private property owner has been unhappy with this design since day one but the City’s interest in preservation has consistently been put ahead of her private property rights, prohibiting her from achieving a reasonable balance between preservation and functionality. It is felt that the five design alternatives now provided and proposed, especially “Option 6,” supply solutions and will at last achieve the reasonable balance that is the purpose and intent of the historic preservation program. P101 III.C. Page 7 Unfortunately, it is impossible to make the design of the home and addition work together without some minor alterations to the resource. The applicant has now provided five options that have taken into account the concerns of the HPC, and it is felt that one of these designs should be agreeable. The proposed designs are extremely sensitive to the historic structure, and all five of the options disturb as little of the historic fabric as practicable while providing for functionality. Furthermore, the proposed changes will barely be visible from Cooper Avenue and will provide for greater consistency with the HPC Deign Guidelines than is achieved with the existing connector. It is emphasized that outstanding historic preservation efforts clearly distinguish the old from the new. This home, as it now stands, does not do this. As viewed from Aspen Street, it is difficult to tell where the historic structure ends and the new construction begins; they are simply too similar in design, color, massing and scale, and the existing connector is far too insubstantial in size and scale to aid with this needed differentiation. The proposed linking element (all provided options) will greatly help to improve the distinction between old and new from both South Aspen Street and Cooper Avenue, thereby enhancing the historic preservation effort on this award-winning property. None of the five currently proposed design alternatives are ideal for the property owner, but the applicant is trying in earnest to strike a balance between her property rights and the City’s interest in protecting historic properties. We feel our proposed solutions will create a sensitive, barely visible and sympathetically designed link where non-reflective glass will be used to link the old and the new. At the same time, the change will allow a single staircase to unite the family living inside this house. At last, harmony between form and function will be achieved through the reasonable balancing of interests. We thank you for your consideration. P102 III.C. 1 3 5 E A S T C O O P E R S T R E E T M I N O R D E V E L O P M E N T 0 8 | 2 7 | 2 0 1 4 P 1 0 3 I I I . C . P 1 0 4 I I I . C . N .T . S. 3 . 0 2 . 2 0 1 5 1 3 5 E A S T C O O P E R S T | O P T I O N 6 - F L O O R P L A N S P 1 0 5 I I I . C . N .T . S. 0 3 . 0 2 . 1 5 1 3 5 E A S T C O O P E R S T | O P T I O N 6 - P H O T O S & P E R S P E C T I V E S P 1 0 6 I I I . C . N .T . S. 0 3 . 0 2 . 1 5 1 3 5 E A S T C O O P E R S T | O P T I O N 6 - S E C T I O N & P E R S P E C T I V E S P 1 0 7 I I I . C . N . T . S . 8 . 1 1 . 2 0 1 4 1 3 5 E A S T C O O P E R S T | O P T I O N 1 - F L O O R P L A N S P 1 0 8 I I I . C . N . T . S . 8 . 1 1 . 2 0 1 4 1 3 5 E A S T C O O P E R S T | O P T I O N 1 - S E C T I O N & P E R S P E C T I V E S P 1 0 9 I I I . C . N . T . S . 8 . 1 1 . 2 0 1 4 1 3 5 E A S T C O O P E R S T | O P T I O N 2 - F L O O R P L A N S P 1 1 0 I I I . C . N . T . S . 8 . 1 1 . 2 0 1 4 1 3 5 E A S T C O O P E R S T | O P T I O N 2 - S E C T I O N & P E R S P E C T I V E S P 1 1 1 I I I . C . N . T . S . 8 . 1 1 . 2 0 1 4 1 3 5 E A S T C O O P E R S T | O P T I O N 3 - F L O O R P L A N S P 1 1 2 I I I . C . N . T . S . 8 . 1 1 . 2 0 1 4 1 3 5 E A S T C O O P E R S T | O P T I O N 3 - S E C T I O N & P E R S P E C T I V E S P 1 1 3 I I I . C . N . T . S . 8 . 1 1 . 2 0 1 4 1 3 5 E A S T C O O P E R S T | O P T I O N 3 - S T R E E T V I E W P 1 1 4 I I I . C . N . T . S . 8 . 1 1 . 2 0 1 4 1 3 5 E A S T C O O P E R S T | O P T I O N 3 - V I E W F R O M A B O V E I L L U S T R A T I N G S T A I R F O O T P R I N T P 1 1 5 I I I . C . Proposed Alternate design P 1 1 6 I I I . C . View of Proposed Link from Cooper Street P 1 1 7 I I I . C . View of Proposed Link from South P 1 1 8 I I I . C . P 1 1 9 I I I . C . N . T . S . 8 . 1 1 . 2 0 1 4 1 3 5 E A S T C O O P E R S T | A D U - A S B U I L T I M A G E S P 1 2 0 I I I . C . P 1 2 1 I I I . C . 1 RESTORATION/REHABILITATION Eligible Projects: Elks Lodge dome restoration 605 W. Bleeker 624 W. Francis MEMORANDUM TO: Aspen Historic Preservation Commission FROM: Amy Simon, Historic Preservation Officer RE: 2014 Awards Selection DATE: April 8, 2015 SUMMARY: Since 1990, the Aspen Historic Preservation Commission has celebrated local historic preservation successes by presenting awards to individuals, companies, and projects demonstrating excellence in preservation. This year’s awards are tentatively to be held on May 11th during a City Council meeting. Descriptions of the categories are below, along with a list of eligible projects. Eligible projects received Final Inspection or Certificate of Occupancy between March 2014 and April 2015. Only projects that were relatively significant in scope or effort are being presented for HPC consideration. There is no limit on the number of awards that may be presented. Within the last few years, HPC identified a point system that could be used for reference in determining which projects to recognize. Staff is not providing any scoring. The award selections are left to the board. Maximum of 40 points: o The quality and compatibility of design (including landscape) and workmanship with the historic resource (0-5 points) o The quality of new materials and restoration of historic material in accordance with the Secretary of the Interior’s Standards (0-5 points) o Sensitivity to the building’s historic and architectural character (0-5 points) o The impact of the project on the surrounding neighborhood/community (0-5 points) o An outstanding example of creative work within the HPC design guidelines (0-5 points) o An outstanding investment of time and money in restoring a building and landscape to it’s historic appearance (0-5 points) o Adaptive use of a historic building that enhances the interpretation of the historic resource (0-5 points) o Contribution or enhancement to the interpretation of the historic resource or Aspen history (0-5 points) P122 IV.B. 2 Elks Lodge dome restoration P123 IV.B. 3 605 W. Bleeker, new addition P124 IV.B. 4 624 W. Francis, voluntary AspenModern designation and remodel (before photo at bottom) P125 IV.B. 5 507 Gillespie, new home on a historic landmark lot split property Maximum of 25 points: o The quality and compatibility of design (including landscape), workmanship, and materials within the historic district (0-5 points) o Sensitivity to the adjacent buildings’ historic and architectural character (0-5 points) o The impact of the project on the surrounding neighborhood/community (0-5 points) o An outstanding example of creative work within the HPC DesignGuidelines (0-5 points) o Contribution or enhancement to the interpretation of the historic resource or Aspen history (0-5 points) NEW CONSTRUCTION ON A LANDMARK PROPERTY Eligible Project: 507 Gillespie NEW CONSTRUCTION WITHIN A HISTORIC DISTRICT Eligible Project: None P126 IV.B. 6 THE “EXTRA EFFORT” AWARD This award is for an individual or group that has taken extra steps to preserve a historic resource. Potential Recipient: ? THE ELIZABETH PAEPCKE AWARD This award is for an individual or group that has been a long-time preservation leader, demonstrating commitment to historic preservation or for an individual or group who has lead an outstanding one-time preservation effort that has had a clear impact on Aspen. Potential Recipient: ? MAXIMUM OF 25 POINTS : o The participants’ dedication to look at creative options in an effort to find the best solution for the project (0-5 points) o The participants’ willingness to volunteer designation of a property or to sacrifice some aspect of a property’s development rights (0-5 points) o The quality of design (including landscape), workmanship, and materials (0-5 points) o Sensitivity to the district’s or building’s historic and architectural character (0-5 points) o The impact of the project on the surrounding neighborhood/community (0-5 points) Maximum of 20 points: o The overall quality (craftsmanship, design, landscape, programming) of their work (0-5 points) o The innovative interpretation and enhancement of Aspen’s heritage through their work (0-5 points) o Their dedication to preserving Aspen’s heritage (0-5 points) o Contribution of their work to the Aspen community (0-5 points) Maximum of 20 points: o The overall quality (craftsmanship, design, landscape) of their work (0-5 points) o Sensitivity to context (0-5 points) o The innovative interpretation and enhancement of Aspen’s heritage through their work (0-5 points) o Contribution of their work to the Aspen community (0-5 points) THE WELTON ANDERSON AWARD This award is for an individual or firm that has contributed to Aspen’s built environment through outstanding new design over a sustained period of time, or through one particularly important project. Potential Recipient: ? P127 IV.B. EXHIBIT r �/S To: The Historic Preservation Commission Ref: 211 E. Hallam St. Aspen Modern Application Final Hearing. Letter to each Commission Member Date: April 8, 2015 From: Bill Stirling Dear members of the HPC, DO IT FOR ONE AND YOU HAVE TO DO IT FOR ALL. ONE SIZE FITS ALL. These two aphorisms are not applicable to the 211 E. Hallam Aspen Modern proposal. The Aspen Modern Program is one of the City's most innovative and unique programs. Each application has an unusual quality to it, as there is no easy description for the wide variations in architectural style for the Aspen Modern buildings. The design features vary wildly, which is what makes this program so interesting and sets Aspen apart from the rest of Colorado, by our preserving important post World War II buildings. You have to use your acumen, imagination and intelligence as you consider these Aspen Modern proposals. Just think, from Lundy to Berko! The intentions of the Aspen Modern defining ordinance from 2010 are clear that the HPC must be very flexible to often make round pegs fit into square holes. I served as Chair of the Aspen Modern Task Force, appointed by the City Council, from 08-010. There were 21 active and varied participants, and there were many tie or 11-10 votes. It reminded me of the progress then of the National Affordable Care Act Congressional Committee votes. The votes in Aspen reflected the split on the task force between those wanting to leave property owners alone, and those desirous of using a carrot and a stick program with incentives, and not losing such valuable architectural modern buildings. Aspen has one of the most ambitious and successful historic preservation programs in Colorado, if not in the nation. The City Council received the Task Force's split report, and in their wisdom passed the 2010 Ordinance, which made the entire Aspen Modern program voluntary, but with a generous bundle of incentives available for applicants to request and also to prove made sense. The Task Force wanted the HPC and City staff to be flexible, creative and fair, as one by one the HPC began to consider the Aspen Modern applications. In general 211 E. Hallam is a perfect example of how the Code and Residential Guidelines have to bend and flex in order to add another important resource to the "designated forever" list. No two projects have been the same. Almost every building is distinct. The Aspen Modern program is working because of the vision of the HPC and staff. There is not the commonality of design, which gives the 19th Century Victorian preservation program so much coherence. Responsiveness, creativity and flexibility are the watchwords for the Aspen Modern program. It makes your jobs so interesting and intellectually stimulating. One key element for you to consider this evening is the plight of the Ione tree standing in the back SE corner of the lot. It is an odd, scraggly spruce tree. Who knew in the 1950's that this tree would have such a bearing on the preservation forever of the iconic Berko studio? Our strict tree preservation ordinance sometimes can be in conflict with the purpose of preserving our important, historic residential buildings. Who could look 40 years ahead, when we began our laudable effort to nourish and preserve our urban residential forest, what the unintended consequences might be? I had to work closely with the City Forester three years ago to fell over 25 trees on my Victorian corner lot on the NE corner of 4`h and W. Smuggler, as the health of many of my trees was threatened by other less important, less elegant and less sturdy trees. This felling and pruning was important also to show off the Victorian resource, protect the resource and enhance the resource. The City worked with me on this complicated but essential task. It was successful. The 211 E. Hallam application is a perfect case in point. That tree in the SE corner of the lot is a clear and present danger to the livability of the new plan, which includes both solar gain and light. Its absence will enhance the Aspen Modern resource. Its loss is minimal for the urban residential forest, as it allows for the Berko physical resource to stand and be seen as a "gift to the streets," that tree no longer looming over the new, discreet residential compound. The urban forest will gain more greenery on this site, but the new supporting plantings will be in synch with the simplicity and low scale of the Bau Haus design. This giant, senior tree is not an asset to this application, and it probably has a life span remaining of less than 10 years, by which time the new plantings, new compound and open space will be seen as so critical to the success of this Aspen Modern project. Our intentions for the Aspen Modern program are clearly articulated in this plan with the incentives supported by the staff, and I believe a variation for removal of the tree under criteria D and E, mentioned in the March 25, 2015 memo, should be added to your approval. Let City Council know that this tree removal goes hand in glove with this proposed project. It will be another feather in the Aspen Modern program cap! Be bold and take a long term view in supporting the preservation of this vital Aspen Modern resource. Being resourceful is just what we had in mind for the HPC, when the enabling legislation spawned Aspen Modern. Sincerely, Bill Stirling EXHIBIT' Kathy Strickland From: Amy Simon 0 Sent: Friday,April 17, 2015 1:08 PM To: Kathy Strickland Subject: FW: Berko Studio This is Exhibit II for the April 8th review of 211 E. Hallam Amy Simon City of Aspen Historic Preservation 130 S. Galena Street Aspen, CO 81611 (970)429-2758 www.aspenpitkin.com Notice and Disclaimer: This message is intended only for the individual or entity to which it is addressed and may contain information that is confidential and exempt from disclosure pursuant to applicable law. If you are not the intended recipient, please reply to the sender that you have received the message in error and then delete it. Further, the information or opinions contained in this email are advisory in nature only and are not binding on the City of Aspen. If applicable, the information and opinions contain in the email are based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The opinions and information contained herein do not create a legal or vested right or any claim of detrimental reliance. From: Karla Kelly [mailto:karla@thisorthat.com] Sent: Monday, April 06, 2015 1:01 PM To: Amy Simon Cc: Nora Berko Subject: Berko Studio Dear Ms. Guthrie, We are in process of building a house at 203 E Hallam, next door to the Berko studio. It is our belief that the history of Aspen is a rich and varied one and that modern buildings can be as worthy of historical preservation and significance as original miner's cottages. The Berko studio is an excellent example of mid century modern architecture and Ferenc Berko was an important artist in Aspen's recent history. I have reviewed the plans for restoration and addition to the property and believe they would make a welcome addition to the tapestry of the neighborhood. I am also in great support of having full time residents in the West End, which this project would enable. Please consider approval of this project and allow this family maintain their legacy in the Aspen community. Thank you, Karla Kelly (970) 236-6228 i