HomeMy WebLinkAboutminutes.hpc.20230913
REGULAR MEETING HISTORIC PRESERVATION COMMISSION SEPTEMBER 13TH, 2023
Chairperson Thompson opened the regular meeting of the Aspen Historic Preservation Commission at
4:30pm.
Commissioners in attendance: Peter Fornell, Roger Moyer, Jodi Surfas, Barb Pitchford, Jeffrey Halferty
and Kara Thompson. Absent was Kim Raymond and Riley Warwick.
Staff present:
Amy Simon, Planning Director
Kirsten Armstrong, Principal Planner Historic Preservation
Stuart Hayden, Planner - Historic Preservation
Kate Johnson, Assistant City Attorney
Nicole Henning, City Clerk
Tracy Terry, Deputy City Clerk
MINUTES: Mr. Fornell motioned to approve the draft minutes from August 9th, 2023. Mr. Moyer
seconded. Roll Call Vote: Mr. Fornell, yes; Mr. Moyer, yes; Ms. Pitchford, abstained; Mr. Halferty,
abstained; Ms. Thompson, yes. 3-0 with two abstaining, motion passes.
Ms. Surfas entered the meeting at 4:33pm.
PUBLIC COMMENTS: None
COMMISSION MEMBER COMMENTS: Mr. Moyer asked Ms. Simon what was going on at the Gorsuch
House at Lift 1A. Ms. Simon said that there were building permits submitted and in review.
Ms. Pitchford asked about the old Johnny McGuire’s building, to which Ms. Simon mentioned it too had
building permits submitted and in review but were moving very slowly.
Mr. Halferty said it was good to see some activity at the old Main Street Bakery building.
Mr. Moyer asked about maximum square footages for commercial spaces. Ms. Simon said there used to
be a max commercial business size but that that was replaced with what is called Formula Use
Standards. She described those.
Ms. Surfas mentioned that she was recently in Louis, Delaware which is a beautiful town with many
historic structures. She thought that town had butchered some of those structures and she commented
that Aspen has done a great job.
DISCLOSURE OF CONFLICTS OF INTEREST: Ms. Thompson noted that she was conflicted on the second
agenda item and would leave the meeting for that item. Mr. Halferty would take over as Vice-Chair.
Mr. Halferty stated that he had worked on the property to the west of the project, but it will not affect
his ability to review this application. Ms. Johnson confirmed that she and Mr. Halferty had discussed
this, and she did not believe it constituted a conflict of interest under the Municipal Code.
PROJECT MONITORING: None.
STAFF COMMENTS: Ms. Armstrong noted that the 9/27 HPC meeting would be cancelled. Ms. Simon
mentioned that there is a tour at the Aspen Institute on Friday of the Herbert Bayer Kaleidoscreen.
REGULAR MEETING HISTORIC PRESERVATION COMMISSION SEPTEMBER 13TH, 2023
CERTIFICATE OF NO NEGATIVE EFFECT: None.
CALL UP REPORTS: None.
SUBMIT PUBLIC NOTICE FOR AGENDA ITEMS: Ms. Johnson said that she reviewed public notice, and
that notice was provided per the code for both agenda items.
Ms. Thompson left the meeting.
Vice Chair Halferty took over the meeting for the first agenda item.
OLD BUSINESS: 517 E. Hopkins Avenue – Substantial Amendment/GMQS, CONTINUE PUBLIC HEARING
TO 10/25
MOTION: Mr. Halferty motioned to continue this hearing to October 25th, 2023. Mr. Fornell seconded.
Roll call vote: Mr. Fornell, yes; Mr. Moyer, yes; Ms. Surfas, yes; Ms. Pitchford, yes; Mr. Halferty, yes. 5-0
vote, motion passes.
OLD BUSINESS: 820 E. Cooper Avenue - Conceptual Major Development, Relocation, Variation, TDRs -
PUBLIC HEARING CONTINUED FROM AUGUST 9, 2023
Applicant Presentation: Sara Adams – Bendon Adams
Ms. Adams introduced herself and the applicants and stated that they were back to present some
revisions made to the project based on HPC comments at the last meeting. She thanked everyone that
attended the site visit. She then let the applicants Lauren and Anton say a few words about themselves
and the reasoning for the project.
Ms. Adams went over the requests for major conceptual development, including digging a full
basement, adding a small rear addition and one car garage. The resource would be lifted to dig the
basement and then placed back in its original location, and they would also be demolishing the non-
historic rear addition. She noted that based on HPC comments at the August meeting, they are no
longer requesting the rear yard setback variation and have reduced the massing of the second floor.
They are still requesting the 6.5-inch side yard variation in order to keep the historic resource in its
original location. She also noted that in August they had requested HPC’s recommendation of 2 TDRs,
but with the reduced massing they have enough square footage and are now requesting 3 TDRS.
She moved on and showed a few pictures of similar properties in the area to provide some context. She
also showed a rendering of their proposed project with the revision to the roof form. She then went
over the proposed restoration efforts to occur.
She showed and compared the proposed site plan that was presented at the August meeting and the
revised one that they are presenting tonight. She detailed the revisions that had been made based on
previous HPC comments. These included the front entry landing and the relocation of a lightwell. She
detailed the site plan and floor plans, highlighting many elements of the project and went over the
revisions to the rear addition that reduced the massing on the second floor to meet the 10-foot setback
requirement. She then went over the changes to the gable roof form that was presented in August to
respond to HPC comments. This still allows the stairway access but reduces the plat height and massing.
REGULAR MEETING HISTORIC PRESERVATION COMMISSION SEPTEMBER 13TH, 2023
She noted that, based on the updated renderings, the new addition is almost entirely hidden behind the
historic resource. She presented the relevant design guidelines and noted that staff now finds that they
have all been met. She said that they feel that they have responded to HPC comments from the last
meeting related to the height and massing.
She then went over the request for 3 TDRs.
Mr. Fornell was glad to hear that they are no longer requesting a rear yard setback variation.
Mr. Halferty asked about the shorter link and wondered if there was any discussion about this and the
overhanging roof. He also asked about the proposed location of the lightwell on the east side and if it
was to accommodate a bedroom. Ms. Adams said that since the building department now requires
railings instead of grates on lightwells it seemed better to have them all on one side of the building.
Ms. Pitchford asked if the outside stairway would be visible from in front of the historic resource. The
applicant’s architect said it would be very difficult to see due to being tucked behind the historic
resource and blocked by a few trees.
Mr. Halferty asked what type of railing was proposed for the exterior stairs. The architect said a very
simple metal railing to potentially match the guard rails on the lightwells.
Staff Presentation: Kirsten Armstrong, Principal Planner Historic Preservation
Ms. Armstrong started by describing the property and lot and went over the applicant’s proposal of the
relocation of the historic resource in order to dig a full basement, the demolition of a non-historic
addition, the construction of a connector and new addition on the north side of the property and some
small landscaping updates. With this they are requesting approval of major conceptual development,
relocation, a west side yard setback variation and HPC’s recommendation to City Council for 3 TDRs.
She went over current details of the historic resource and the recent restoration efforts by the
applicants. She then described the details of the roof form of the proposed rear addition, the proposed
6’ 1” connector and the lightwells grouped on the east side. She noted that due to the elimination of
grates from building code, guard rails are being proposed. She said the staff supports grouping the
lightwells on the east side to minimize the visual impact.
Next, she noted that the proposed addition is a product of its own time while some design elements are
sympathetic to the historic resource per design guideline 10.6. She went over the reasoning to support
this. She said that while the proposed addition is taller than the historic resource, the massing is
deferential and does not fully mimic the historic resource as a larger copy. She said it is staff’s opinion
that the updates to the addition from the last meeting have brought it in line with design guidelines
10.3, 10.4 and 10.8. While the proposed addition does not fully meet guideline 10.9 in providing a full
10-foot connector, staff feels the design provides a compromise in meeting the site constraints and the
design guidelines. Staff recommends approval of the conceptual major development but does
recommend it as a point of discussion.
She showed the north elevation and noted that with the redesign, it now meets the setbacks of 5 feet
for the garage and 10 feet for the second story.
Regarding relocation, she said that the historic resource will be temporarily relocated while the
basement is excavated, and it will then be placed back in its historic location. She said the staff finds the
REGULAR MEETING HISTORIC PRESERVATION COMMISSION SEPTEMBER 13TH, 2023
criteria for relocation to be met conditioned on a letter from an engineer stating that the building can
withstand relocation.
Next, she went over the details of the west side yard setback variation request that is triggered by the
relocation and said the staff supports the requested variation as it preserves the resource’s original
location.
She then went over details of the request of a recommendation to City Council for approval of 3 TDRs
that would sever 750 square feet from the site. She noted the total allowable development rights for the
lot and said that from the applicant’s representation there will be enough floor area remaining for this
request. She said that staff finds the criteria for establishing the TDRs to be met.
She noted that staff is recommending some conditions of approval that include details that they would
like to see at final review, but overall, staff recommends HPC approval of the Land Use Review with
conditions.
Ms. Johnson asked Mr. Halferty to confirm he was not present at the August 9th meeting. Mr. Halferty
said he was not but had reviewed the minutes. Ms. Johnson said that she believed he could still act as
chair but that he was not in a position to vote as he did not have all the same information as the other
members or what the applicant presented at the August 9th meeting.
Ms. Pitchford mentioned that she too was not present at the August 9th meeting but had read the
minutes and had attended the site visit.
Ms. Johnson said that historically they ask that members listen to the recording of the meeting, but
since she herself was not present at the August 9th meeting, she was not aware of the two members
absence.
Ms. Simon noted that the applicant did not have any objections to their participation. Ms. Johnson said
she would like to stay consistent with what has been done in the past but would wait to see how things
played out to see if they were or were not able to take action.
Mr. Halferty and Ms. Pitchford noted that they had both reviewed the packet from the August 9th
meeting in addition to reading the minutes. Knowing that Ms. Johnson said she felt both Mr. Halferty
and Ms. Pitchford could vote as they both had the same information as the other members.
Mr. Fornell noted that it seemed that the first eight conditions of approval related to things that would
come up at final review. Ms. Armstrong confirmed that and said they are there to provide direction for
things staff would like to see at final review. Mr. Fornell asked if they had to be included in this
conceptual major development resolution. Ms. Armstrong said not necessarily. Ms. Johnson went over
how this resolution process would go in relation to the final major development resolution. Mr. Fornell
said he was satisfied.
PUBLIC COMMENTS: None.
BOARD DISCUSSION:
Mr. Halferty listed the items for board discussion, being the relocation, setback variation,
recommendation of TDRs, mass and form, conditions of approval and the various design guidelines.
Mr. Fornell started by commending the applicant for leaving 750 square feet of allowable floor area off
this lot as it respects the historic resource and is great example of the use of TDRs. He noted the
REGULAR MEETING HISTORIC PRESERVATION COMMISSION SEPTEMBER 13TH, 2023
property to the east that was the same size lot yet went to the full use of their floor area ratio and
ended up being significantly larger and stood over the historic resource. He said he would be supporting
this.
Ms. Pitchford complemented the applicant as well and appreciated that it would be lived in. She agreed
with Mr. Fornell about the TDRs in this case. She believed that the design of the addition still preserves
the feel of the miner’s cabin visually from the street. She said she would be in support as well.
Ms. Surfas thanked the applicant for taking what was said at the last hearing and making updates to the
plans. She said that with the changes to the roof form and the overall updated design, they have a great
house. She also appreciated that locals will be living in the house and raising their family. She was in
support of the project and what had been done.
Mr. Moyer said that many times when a project comes back to HPC with updates based on feedback
from the members, that they end up getting a better project. He congratulated the applicants and said
that he was in support of the project.
Mr. Halferty thought the applicant and staff had done an excellent job getting the project to conform to
the guidelines. He was in support of the TDRs and appreciated the restoration efforts made by the
applicants. He thought the design and roof form of the addition complimented the historic resource. He
was in support of the project.
MOTION: Mr. Fornell motioned to approve the resolution as presented by staff. Ms. Pitchford seconded.
Mr. Moyer commented to staff about the TDRs. He wanted to make sure the letter to City Council
regarding HPC’s recommendation of the TDRs stated that this was an excellent example of the use of
TDRs.
Roll call vote: Mr. Fornell, yes; Mr. Moyer, yes; Ms. Surfas, yes; Ms. Pitchford, yes; Mr. Halferty, yes. 5-0
vote, motion passes.
NEW BUSINESS: Follow up discussion: Joint HPC/City Council Work Session
Ms. Simon started the discussion by recapping the joint work session with City Council. She said that one
of her takeaways was that City Council members generally expressed a strong desire to maximize
affordable housing and did not want to abandon the new process that has been adopted. She
mentioned a few other discussion items from the meeting including the design guidelines and TDRs.
Ms. Pitchford said she did not feel that all Council members were as adamant about maximizing
affordable housing by sacrificing a historic resource.
Ms. Thompson did not believe anyone said “sacrifice” the resource, rather that there is a different
balance that should be expected around historic resources for affordable housing projects. She did think
that a few council members wanted the HPC to potentially have more input on how the massing gets
balanced. She said that while any Land Use Code amendments would be a very complicated and long
process, the HPC could amend design guidelines and application requirements.
Ms. Johnson said that amending the design guidelines could be done by resolution, which is a somewhat
simpler process.
REGULAR MEETING HISTORIC PRESERVATION COMMISSION SEPTEMBER 13TH, 2023
Ms. Thompson said that she only felt that Councilor Guth was potentially in favor of Land Use Code
amendments and that she was not in favor of that route. She went over some of her reasoning for this.
She believed that the new process was put in place for a reason, and she referenced the 1020 E Cooper
project that, under the previous public hearing process took 18 months to get through HPC review and
that was not fair to any applicant. She also believed that the new process had not been in place long
enough to make a good judgement on it.
Mr. Fornell noted that he felt that Council members knew that historic resources were in the R6 district
when they made affordable housing projects a use by right in all zone districts.
Ms. Pitchford asked what the next steps would be from Council and Mr. Fornell said he believed that the
Council members would discuss HPC’s comments amongst themselves either in an executive session or
a work session and get back to HPC.
Ms. Thompson said she felt Council wanted more information from staff on a few items and that the
HPC members would discuss what they would propose to them as far as potential adjustments to
guidelines and things that might help this new process. She said she would like HPC to discuss the
conceptual site plan, which is already a requirement and potentially requiring more detail on the
presented footprint detailing where any additional structures would be. She also wanted to discuss
potentially adding massing guidelines for affordable housing projects to be added to the current
process.
Ms. Simon presented and read the section of the Land Use Code that was being discussed and
highlighted the language that a conceptual site plan must be provided to assist in HPC’s review. She
noted that in the last project, the applicant provided a site plan that included the footprint of the new
construction, and that the footprint would be a binding representation and the applicant could not
come to the staff and monitor review step with anything different that was originally seen by HPC. She
also mentioned that the City still has not seen an application for the next review step and that it would
not be an easy process. She said that staff and HPC Chair would not necessarily accept what was
presented and asked for the board members to have some faith in them to represent the entire HPC
board.
Mr. Fornell asked when a project is in the staff and HPC chair review step if the Chair could consult with
the other HPC board members if they felt struck on something. Ms. Simon said that the process was
created to fast track a good project that met certain criteria and that if the staff member and HPC Chair
does not approve something, the applicant could pull the application and apply under the previous
process of a full HPC review.
Ms. Thompson brought the discussion back to getting some agreement on some guidelines for
affordable housing projects that are in dense zone districts as the current guidelines tend to deal mostly
with less dense residential zones.
Ms. Simon said that staff could look at and review the current Historic Preservation design guideline
book to see if there are any holes. Ms. Thompson said the idea would be to add guidelines to this type of
project that would make the HPC members more confident in staff and monitor applying them to the
additional structure.
REGULAR MEETING HISTORIC PRESERVATION COMMISSION SEPTEMBER 13TH, 2023
Mr. Moyer brought up the idea of the total allowable floor area on a lot and thought that maybe there
could be a way that HPC could control that. He expressed his thoughts that many historic resources are
preserved but end up having an overwhelming structure behind them.
Ms. Pitchford said that the allowable floor area lies within the Land Use Code and if you wanted to
change the it, you would have to change the Land Use Code. Ms. Simon said that the total allowable
floor area amounts per zone district were developed back in the 60’s or 70’s and have been so
engrained in the community that it would be impossible to take them back. There was some discussion
on this idea.
Mr. Moyer thought it would be a good idea if some type of informational guide be put together going
over all the good things the HPC has done over the years in an effort to better overall preservation. This
could act as a guide for new developers, architects, realtors, etc. There was some discussion about what
this might look like and what it might contain.
Ms. Thompson suggested looking into requesting an applicant provide “story poles” on major
development projects as they can be a big help. Ms. Simon said she was not sure if HPC could require
them but that they could ask for anything that helps with their review.
ADJOURN: Ms. Thompson motioned to adjourn the regular meeting. Ms. Pitchford seconded. All in
favor; motion passes.
____________________
Mike Sear, Deputy City Clerk