HomeMy WebLinkAboutresolution.hpc.010.2023RECEPTION#: 896848, R: $28.00, D: $0.00
DOC CODE: RESOLUTION
Pg 1 of 4, 08/18/2023 at 02:04:58 PM
Ingrid K. Grueter, Pitkin County, CO
RESOLUTION #10
(SERIES OF 2023)
A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC)
GRANTING MINOR DEVELOPMENT, DEMOLITION, AND SETBACK VARIATION
REVIEW FOR THE PROPERTY LOCATED AT 420 WEST FRANCIS STREET, LOTS
N AND O, BLOCK 34; CITY AND TOWNSITE OF ASPEN, COLORADO
PARCEL ID: 2735-124-13-005
WHEREAS, the applicant, MD Holdings Aspen, LLC, 9100 Burning Tree Road, Bethesda, MD
20817, represented by David Rybak, Rybak Architecture and Development, P.C., 600 E Hopkins
Avenue, Suite 303, Aspen, CO 81611, has requested HPC approval for Minor Development,
Demolition, and Setback Variations for the property located at 420 West Francis Street, Lots N
and O, Block 34; 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 Demolition, the application shall meet the requirements of
Aspen Municipal Code Section 26.415.080, Demolition of designated historic properties or
properties within a historic district; and
WHEREAS, for approval of Setback Variations, the application shall meet the requirements of
Aspen Municipal Code Section 26.415.110.C, Benefits, Variations; 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
WHEREAS, HPC reviewed the project on July 26, 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 7 to 0.
NOW, THEREFORE, BE IT RESOLVED:
HPC Resolution # 10, Series of 2023
Page 1 of 4
Section 1: Aprwoval
That HPC hereby approves Minor Development, Demolition and Setback Variations for 420 W.
Francis St. with the following conditions:
1. The following variations are approved:
• a setback variation of 3'-6" from the required 5' rear setback to a l'-6" rear setback
2. Restudy the landscaping plan to simplify the landscaping in Zones A and R. A final
landscaping plan must be provided for staff and monitor review and approval prior to
building permit application.
3. A 1' gravel filled maintenance border is required around the entirety of the historic
resource.
4. Replacement windows on the historic resource, excluding those proposed on the north
addition, must be painted wood, double hung units, with no metal cladding. The
dimensions of the window components, such as stiles and rails, will be reviewed for
consistency with typical 19th century windows in Aspen. Spacers between all proposed
insulated glass must be a dark color. Updated specification sheets will be reviewed by
staff and monitor prior to building permit application.
5. Further study of the entry porch railing is requested. Additional detail to be provided to
staff and monitor.
6. Proposed vents and flue caps must be dark colored and as flush as possible to the
building.
7. A plan to return the historic chimney to the corbelled, V-shape, seen in 1960s
photographs, must be provided for staff and monitor review and approval prior to
building permit application. Methods to minimize damage to any remaining historic brick
should be discusscd in the chimney plan.
8. Specification for roof flashing material, and snow stops must be provided for staff and
monitor review prior to building permit application. Painted or galvanized metal in a dark
color is preferred. Snow clips are preferred to snow rails.
9. At building permit application, plans must include a detail indicating that the proposed
window well guardrails will not terminate into the walls of the historic resource.
10. Revise the stone veneer application to the foundation of the addition to differentiate the
foundation from the historic resource. Updated material must be reviewed by staff and
monitor prior to building permit application.
11. The southwest entry porch must only have either can lights or a single sconce. Can lights
are recommended. An updated exterior lighting plan must be provided for staff and
monitor review prior to building permit application.
12. Fire Department Connection (FDC) hookup and strobe must be sensitively placed. The
casing for the strobe must be white.
13. Per referral comments received by the Parks Department, continue to work with the Parks
Department regarding tree protection, tree removal and required mitigation, and provide an
explanation of methodology for the preservation and enhancement of the existing lilacs at
building permit application.
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
HPC Resolution # 10, Series of 2023
Page 2 of 4
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: SeverabiIity
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: 420 West Francis 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 261" day of July, 2023.
HPC Resolution # 10, Series of 2023
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Approved as to Form:
Katharine Johnso ssistant City Attorney
ATTEST:
Approved as to Content:
Kara Thompson, Chair
HPC Resolution # 10, Series of 2023
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