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❑OC UODE: RESOLUTION
Pg 1 of 3, 07/06/2023 at 01:31:38 PM
Ingrid K. Grueter, Pitkin County, CO
RESOLUTION #6, SERIES OF 2023
A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC)
GRANTING MINOR DEVELOPMENT, RELOCATION AND VARIATION REVIEW
FOR THE PROPERTY LOCATED AT 214 W. BLEEKER STREET, THE EAST 10
FEET OF LOT N, ALL OF LOT O, AND THE WEST 20 FEET OF LOT P, BLOCK 50,
CITY AND TOWNSITE OF ASPEN, COLORADO
PARCEL ID: 2735-124-35-005
WHEREAS, the applicant, 214 W. Bleeker Holdings LLC, represented by Ro Rockett Design,
has requested HPC approval for Minor Development, Relocation and Variations for the property
located at 214 W. Bleeker Street, the east 10 feet of Lot N, all of Lot O, and the west 20 feet of
Lot P, Block 50, City and Townsite of Aspen, Colorado; and
WHEREAS, Section 26.415.070 of the Municipal Code states that "no building or structure
shall be erected, constructed, enlarged, altered, repaired, relocated or improved involving a
designated historic property or district until plans or sufficient information have been submitted
to the Community Development Director and approved in accordance with the procedures
established for their review;" and
WHEREAS, for 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 City of Aspen Historic Preservation Design Guidelines per Section 26.415.070.0 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, for approval of Relocation, the application shall meet the requirements of Aspen
Municipal Code Section 26.415.090.C, Relocation of a Designated Property; and
WHEREAS, for approval of Setback Variations, the application shall meet the requirements of
Aspen Municipal Code Section 26.415.110.C, Setback Variations; and
WHEREAS, for approval of Floor Area Bonus, the application shall meet the requirements of
Aspen Municipal Code Section 26.415.11OX, Floor Area Bonus; and
WHEREAS, as a historic landmark, the site is exempt from Residential Design Standards
review; and
WHEREAS, Community Development Department staff reviewed the application for
compliance with applicable review standards and recommended continuation for restudy; and
WHEREAS, HPC reviewed the project on April 12, 2023 and May 10, 2023. HPC considered
the application, the staff memo and public comment, and found the proposal consistent with the
review standards and granted approval as proposed by a vote of 6 to 0.
HPC Resolution #6, Series of 2023
Page 1 of 4
NOW, THEREFORE, BE IT RESOLVED:
Section 1: Approval
That HPC hereby approves Minor Development, Relocation and Variations for 214 W. Bleeker with
the following conditions:
1. As part of the approval to relocate the house and shed on the site, the applicant will be
required to provide a financial security of $45,000 until the structures are set on new
foundations. The financial security is to be provided with the building permit
application, along with a detailed description of the relocation approach.
2. All historic exterior materials are to be preserved in place, unless otherwise approved by
staff and monitor.
3. The chimney and stone foundation will require careful documentation in order to be
authentically reconstructed after the house move. Details must be provided in the
building permit.
4. The following setback variations are approved for the primary structure, a 0.3' reduction
of the west sideyard setback, above and below grade; a 1.8' reduction of the rear setback,
above and below grade for the primary structure; and a 4.5' reduction of the rear setback
for the historic shed.
5. A floor area bonus of 175 square feet is granted.
6. No stormwater features shall be visible in the landscape in front of the primary structure.
7. The shed must be roofed with corrugated metal, or wood shingle if the pitch allows.
8. A 12" maintenance border is required at the perimeter of the historic resources to distance
plants and sprinklers from the structures.
Section 2: Material Representations
All material representations and commitments made by the Applicant pursuant to the
development proposal approvals as herein awarded, whether in public hearing or documentation
presented before the Community Development Department, the Historic Preservation
Commission, or the Aspen City Council are hereby incorporated in such plan development
approvals and the same shall be complied with as if fully set forth herein, unless amended by
other specific conditions or an authorized authority.
Section 3: Existing Liti ation
This Resolution shall not affect any existing litigation and shall not operate as an abatement of
any action or proceeding now pending under or by virtue of the ordinances repealed or amended
as herein provided, and the same shall be conducted and concluded under such prior ordinances.
Section 4: Severability
If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason
held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be
deemed a separate, distinct and independent provision and shall not affect the validity of the
remaining portions thereof.
Section 5: Vested Rights
The development approvals granted herein shall constitute a site -specific development plan vested
for a period of three (3) years from the date of issuance of a development order. However, any
HPC Resolution #6, Series of 2023
Page 2 of 4
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: 214 W. Bleeker Street.
Nothing in this approval shall exempt the development order from subsequent reviews and approvals
required by this approval of the general rules, regulations and ordinances or the City of Aspen
provided that such reviews and approvals are not inconsistent with this approval.
The approval granted hereby shall be subject to all rights of referendum and judicial review; the
period of time permitted by law for the exercise of such rights shall not begin to run until the date of
publication of the notice of final development approval as required under Section 26.304.070(A).
The rights of referendum shall be limited as set forth in the Colorado Constitution and the Aspen
Home Rule Charter.
APPROVED BY THE COMMISSION at its regular meeting on the 1 Oth day of May, 2023.
Approved as to Form:
Katharine Johnson . ssistant City Attorney
ATTEST:
4Miear, Die ty City Llerk
Approved as to Content:
HPC Resolution #6, Series of 2023
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