HomeMy WebLinkAboutresolution.hpc.008.2023RECEPTION#: 696450, R: $33.00, D: $0.00
DOC CODE: RESOLUTION
Pg 1 of 5, 08/03/2023 at 01:31:11 PM
Ingrid K. Grueter, Pitkin County, CO
RESOLUTION #08
(SERIES OF 2023)
A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC)
GRANTING MINOR DEVELOPMENT, GROWTH MANAGEMENT QUOTA SYSTEM,
PLANNED DEVELOPMENT MINOR AMENDMENT AND CONDITIONAL USE
REVIEW FOR THE PROPERTY LOCATED AT 630 WEST MAIN STREET, LOT M,
BLOCK 24, CITY AND TOWNSITE OF ASPEN, COLORADO
PARCEL ID: 2735-124-44-855
WHEREAS, the applicant, The City of Aspen, 427 Rio Grande Place, represented by Jennifer
Phelan, Development Manager, City of Aspen Asset Management, has requested HPC approval
for Minor Development, Growth Management, Planned Development Minor Amendment and
Conditional Use to create a deed restricted affordable housing duplex residence, consisting of a
studio unit and two -bedroom unit, at the property located at 630 West Main Street, Lot M, Block
24, 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 the Growth Management Quota System, the application shall meet
the requirements of Aspen Municipal Code Section 26.470.080, Growth Management Quota
System General Review Standards; and
WHEREAS, for approval of Planned Development Amendments, the application shall meet the
requirements of Aspen Municipal Code Section 26.445.110, Planned Development Minor
Amendment to a Detailed Review approval; and
WHEREAS, for approval of Conditional Use, the application shall meet the requirements of
Aspen Municipal Code Section 26.425.040, Standards applicable to all conditional uses; 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 approval with conditions; and
HPC Resolution # 08, Series of 2023
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WHEREAS, HPC reviewed the project on July 12, 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 5 to 0.
NOW, THEREFORE, BE IT RESOLVED:
Section 1: Approval
That HPC hereby approves Minor Development, Growth Management Quota System, Planned
Development Minor Amendment and Conditional Use review for 630 West Main Street with the
following conditions:
1. If the existing non -historic windows on the historic resource are determined to need
replacement, window specs are to be provided for review and approval by staff and
monitor prior to submittal for building permit. Historic photographs must be consulted,
and windows must match the originals in material and configuration.
2. Restudy the rain garden feature at the front of the site to lessen the maximum depth and
the visual impact to the historic resource, and/or consider other options for stormwater
management that decreases the size of the front garden. Detailed plans must be reviewed
and approved by staff and monitor prior to building permit application. Clarification is
needed on the mature height of plantings in the bioswale seed mix.
3. Approval of Fire Department Connection (FDC) hookup location requires review and
approval by staff and monitor prior to building permit submittal. Strobe is to have a white
casing.
4. The emergency siren located on the northeast corner of the parcel is to be preserved in
place.
5. A snow retention plan, preferably using snow clips rather than rails, will be reviewed and
approved by staff and monitor prior to building permit application.
6. There is a request to restudy the finish materials. If there is no intention to return the Pan
Abode to its historic material finish of stain, the applicant is advised to consider a paint
scheme more sympathetic to the original wood coloring, with the addition differentiated
by a darker color in order to highlight the historic resource. This condition is advisory
and is not a requirement and final material finish shall be reviewed by staff and monitor.
7. Applicant must submit a preservation plan for non -historic clapboard removal and
restoration/repair, as needed, of existing original material on east and west elevations of
the historic resource for staff and monitor review and approval prior to submittal for
building permit.
8. A 1 ft gravel filled maintenance border is required along the perimeter of the historic
resource to distance irrigation and plant material from the building. Prior to building
permit submission, a plan must be in place and approved by the staff and monitor to deter
snow buildup along the historic resource.
9. The proposed concrete sidewalk leading down the southwest side of the structure must
comply with the 1 ft gravel filled maintenance border per condition number eight (8). The
concrete sidewalk design must eliminate excavation of subgrade soil within spruce
dripline, with a possible floating detail to be reviewed and approved by the Parks
Department and staff and monitor prior to building permit.
10. The apple tree in the right-of-way will be removed by the City of Aspen due to bear
nuisance. The City of Aspen will replant two street trees of a species identified and
HPC Resolution # 08, Series of 2023
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provided by the Parks Department. The street trees are to be planted 15 ft on center,
consistent with the pattern on Main Street.
11. Irrigation is required to be installed in the front yard to the back of the curb including
irrigation for the two new street trees per Section 21.20.050. - Property owner
responsible for maintenance of landscaping in adjoining right-of-way.
12. The following dimensional standards are approved through a Minor PD Amendment: 4.5-
ft side yard setback, 8-ft rear yard setback, 6-ft in height for the allowance of mechanical
equipment on the east side yard, and parking ratio of one on -site space per unit. All
dimensional standards are memorialized as follows:
Dimensional Standards for 630 West Main Street
Minimum lot size:
3,000 square feet
Minimum lot area per dwelling
unit:
N/A
Minimum lot width:
30 feet
Minimum front yard setback:
19 feet
Minimum rear yard setback:
8 feet
Minimum side and setback:
4.5 feet
Maximum height for mechanical
equipment in east sideyard:
6 feet
Maximum height:
20 feet
Minimum distance between
principal and accessory building:
N/A
Percent of open space required for
building site:
N/A
External floor area ratio:
0.75:1, 2,250 square feet
Internal floor area ratio:
N/A
Parking:
One parking sot per unit
13. Exterior mechanical equipment shall be located adjacent to the non -historic addition only.
Any changes to mechanical equipment and screening must be reviewed and approved by
staff and monitor prior to submittal for building permit.
14. The applicant must provide plans and elevations of the types and locations of new
vents, flues, and meters for review and approval by staff and monitor prior to permit
application. Vents and flues on the exterior of the building are to be placed on the
addition to the extent possible and are to avoid creating new penetrations on the walls
of the historic resource. Roof vents on the historic resource are generally acceptable.
New vents and flues should be minimized, carefully placed, and painted a dark color in
order to recede from view.
15. A deed restriction shall be recorded on the property allowing for the units, one studio unit
and one two -bedroom unit, to be either rental or ownership units with up to a RO
designation.
16. All potential buyers/tenants shall be approved as a qualified Pitkin County employee
prior to entering into a contract to purchase or signing a lease as a tenant.
17. Each unit must contain a closet in the bedrooms as specified in the APCHA Regulations,
contain a full kitchen as well as accommodate for a washer and dryer.
18. Each unit will have access to one parking space located within the garage.
HPC Resolution # 08, Series of 2023
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19. Occupancy will meet City Housing Policy and Requirements.
20. The City of Aspen shall have the flexibility to change the deed restriction categories
between 1-4 or RO at will, based on the occupancy of the tenant/owner.
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 Litigation
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
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: 630 West Main Street.
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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 12t' day of July, 2023.
Approved as to Form:
Katharine Johnso ssistant City Attorney
ATTEST:
Nicole Henning, City Cle
Approved as to Content:
Roger Moyer, Interim C air
HPC Resolution # 08, Series of 2023
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