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A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION
APPROVING CONCEPTUAL MAJOR DEVELOPMENT, ON-SITE RELOCATION
AND VARIANCES FOR THE PROPERTY LOCATED AT 223 E. HALLAM, LOT 2, 223
E. HALLAM STREET LOT SPLIT, CITY AND TOWNSITE OF ASPEN, COLORADO
RESOLUTION #16, SERIES OF 2015
PARCEL ID: 2737-073-16-008
WHEREAS, the applicant, 223 LLC, represented by Forum Phi Architects, -has 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 according to Section 26.415.110; and
WHEREAS, Amy Simon, in her staff report to HPC dated May 13, 2015, performed an analysis
of the application based on the standards. Staff recommended in favor of the Conceptual Major
Development, On-site Relocation and Variances; and
WHEREAS, at their regular meeting on May 13, 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 4 to 3.
NOW, THEREFORE, BE IT RESOLVED:
HPC grants Conceptual Major Development, On-Site Relocation and Variance approval with the
following conditions:
RECEPTION#: 620223, 05128/2015 at
11:08:09 AM,
1 OF 3, R $21.00 Doc Code RESOLUTION
Janice K. Vos Caudill, Pitkin County, CO
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I. The final design for the restored porches on the northeast and southeast of the Victorian
will be reviewed and approved by staff and monitor after these areas are exposed to view
during the construction process.
2. HPC hereby grants a 10' combined sideyard and a 5' rear yard setback. HPC grants a 500
square foot floor area bonus.
3. For Final Review, restudy the interior staircase proposed to be adjacent to the front bay
window and consider moving it.
4. A report from a licensed engineer, architect or housemover demonstrating that the house
can be moved must be submitted with the building permit application in addition to a
bond, letter of credit or cashier's check in the amount of $30,000 to ensure the safe
relocation.
5. The development approvals granted herein shall constitute a site-specific development plan
vested for a period of three (3) years from the date of issuance of a development order.
However, any failure to abide by any of the terms and conditions attendant to this
approval shall result in the forfeiture of said vested property rights. Unless otherwise
exempted or extended, failure to properly record all plats and agreements required to be
recorded, as specified herein, within 180 days of the effective date of the development
order shall also result in the forfeiture of said vested property rights and shall render the
development order void within the meaning of Section 26.104.050 (Void permits).
Zoning that is not part of the approved site-specific development plan shall not result in
the creation of a vested property right.
No later than fourteen (14) days following final approval of all requisite reviews
necessary to obtain a development order as set forth in this Ordinance, the City Clerk
shall cause to be published in a newspaper of general circulation within the jurisdictional
boundaries of the City of Aspen, a notice advising the general public of the approval of a
site specific development plan and creation of a vested property right pursuant to this
Title. Such notice shall be substantially in the following form:
Notice is hereby given to the general public of the approval of a site specific development
plan, and the creation of a vested property right, valid for a period of three (3) years,
pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado
Revised Statutes, pertaining to the following described property: 223 E. Hallam, Lot 2,
223 E. Hallam Street Lot Split, City and Townsite of Aspen, Colorado.
Nothing in this approval shall exempt the development order from subsequent reviews
and approvals required by this approval of the general rules, regulations and ordinances or
the City of Aspen provided that such reviews and approvals are not inconsistent with this
approval.
The approval granted hereby shall be subject. to all rights of referendum and judicial
review; the period of time permitted by law for the exercise of such rights shall not begin
to run until the date of publication of the notice of final development approval as required
under Section 26.304.070(A). The rights of referendum shall be limited as set forth in the
Colorado Constitution and the Aspen Home Rule Charter.
6. A development application for a Final Development Plan shall be submitted within one
(1) year of May 13, 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 me on the 13th day of May,2015.
Willis Pember, Chair
Aproved as to Form:
Debbie Quinn, Assistant City Attorney
ATTEST:
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Kathy Strickland, Chief Deputy Clerk