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Home My WebLink Aboutresolution.hpc.011.2023RESOLUTION #11 (SERIES OF 2023) 111111111111111111111111111111111 IN III 1111111111111111111111111111111 RECEPTION#: 699018, R: $230009 D: $0.00 DOC CODE: RESOLUTION Pg 1 of 3, 12/01/2023 at 02:05:48 PM Ingrid K. Grueter, Pitkin County, CO A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC) GRANTING CONCEPTUAL MAJOR DEVELOPMENT, RELOCATION, AND A SETBACK VARIATION, AND RECOMMENDING IN FAVOR OF THE ESTABLISHMENT OF TRANSFERRABLE DEVELOPMENT RIGHTS (TDRs) FOR THE PROPERTY LOCATED AT 820 EAST COOPER AVENUE, LOT P, BLOCK 111; CITY AND TOWNSITE OF ASPEN, COLORADO PARCEL ID: 2735-182-28-005 WHEREAS, the applicant, Lauren Bullard, 820 East Cooper Avenue, Aspen, CO 81611, represented by Sara Adams, BendonAdams, LLC, 300 South Spring Street #202, Aspen, CO 81611, has requested HPC approval for Conceptual Major Development, Relocation, and Setback Variations, and recommendation by HPC for the establishment of TDRs for the property located at 820 East Cooper Avenue, Lot P, Block 111; 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 Conceptual Major Development Review, the HPC must review the application, a staff analysis report and the evidence presented at a hearing to determine the projects 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. As a historic landmark, the site is exempt from Residential Design Standards review. 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, Relocation; 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 the approval of TDRs, HPC makes a recommendation to City Council based on the requirements of Municipal Code Section 26.535.070; 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 recommends approval; and HPC Resolution #11, Series of 2023 Page 1 of 3 WHEREAS, HPC reviewed the project on August V. 2023 and September 13, 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: That HPC hereby approves Conceptual Major Development, Relocation, and a Setback Variation, and recommends in favor of the establishment of three (3) TDRs for 820 East Cooper Avenue, Lot P, Block 111; City and Townsite of Aspen, Colorado as follows: Section 1: Con Major Devel ation, Setback Variations and TDRs. Pursuant to the findings set forth above, the HPC does hereby recommend the establishment of up to three (3) TDRs for 820 East Cooper Avenue, Lot P, Block 111; City and Townsite of Aspen, Colorado. HPC hereby approves Conceptual Major Development, Relocation, and a Setback Variation as proposed with the following conditions: l . Work closely with all relevant City Departments to meet all requirements regarding the proposed stormwater mitigation plans and tree removal. Parks Department requires a letter or written approval from the adjacent property owner regarding tree removal indicated outside of the east property line of 820 East Cooper Avenue, submitted with tree and building permit application. a. Provide final landscaping and tree removal plan for Final Review. 2. Foundation to remain unpainted, details to be determined at Final Review. 3. 1 ft higher foundation relative to grade shall not create a significant change in character to the approach of the building, details to be reviewed at Final Review, 4. For final review provide study of vertical rails for the light well guardrails. Light wells and similar features abutting the historic resource must have a reduced curb height of 6" or less. 5. The following setback variations are granted: a. A west side yard setback reduction in to a 4 ft-5 1/2 in west side yard setback for the purposes of maintaining the historic location of the historic building. 6. Provide a detailed roof plan showing the locations of gutters, downspouts, snow clips and vents for Final Review. Reconsider the location of the proposed vents and flues to push them back as far as possible on the roof of the historic resource. Vents and flues must be dark colored and as minimized as possible. These items are for consideration at Final Review. �. Provide a relocation plan, a letter from an engineer determining the historic resource capable of withstanding the relocation, and financial assurances of $30,000 for the relocation of the historic home onto a new basement foundation, to be provided prior to building permit submission. 8. A development application for a Final Development Plan shall be submitted within one (1) year of 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 HPC Resolution #1 1, Series of 2023 Page 2 of 3 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. 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. APPROVED BY THE COMMISSION at its regular meeting on the 13th day of September, 2023. Approved as to Form: ney ATTEST: Mike "Sear, Deputy City Clerk Approved as to Content: J Vice Chair HPC Resolution #1 1, Series of 2023 Page 3 of 3