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REGULAR MEETING HISTORIC PRESERVATION COMMISSION NOVEMBER 8TH, 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, Kim Raymond, Riley Warwick,
and Kara Thompson. Absent were Barb Pitchford and Jeffery Halferty.
Staff present:
Amy Simon, Planning Director
Kirsten Armstrong, Principal Planner Historic Preservation
Stuart Hayden, Planner - Historic Preservation
Kate Johnson, Assistant City Attorney
Luisa Bern, Assistant City Attorney
Mike Sear, Deputy City Clerk
MINUTES: None
PUBLIC COMMENTS: None
COMMISSION MEMBER COMMENTS: Mr. Moyer repeated his ask for the creation of a maintenance
guide for owners of historic properties. Ms. Armstrong said that this was on staff’s “to-do” list.
Mr. Fornell asked if the maintenance guide would be recommendations or requirements. Ms. Armstrong
said it would most likely be recommendations.
DISCLOSURE OF CONFLICTS OF INTEREST: Ms. Thompson noted that she would be conflicted on the 216
W Hyman Ave. project.
PROJECT MONITORING: None
STAFF COMMENTS: None
CERTIFICATE OF NO NEGATIVE EFFECT: Ms. Armstrong detailed a certificate issued for 325 West
Hopkins that included construction of a parking pad and modification of an existing fence around the
pad and the removal of some trees that was coordinated with the Parks dept.
CALL UP REPORTS: None
SUBMIT PUBLIC NOTICE FOR AGENDA ITEMS: Ms. Johnson said that the two agenda items only required
posting on the property and that both were posted per the Land Use Code.
Ms. Thompson assigned Mr. Moyer chair and left the meeting.
NEW BUSINESS: 216 West Hyman Ave - Minor Development, TDRs - PUBLIC HEARING
Applicant Presentation: Sarah Adams – Bendon Adams
REGULAR MEETING HISTORIC PRESERVATION COMMISSION NOVEMBER 8TH, 2023
Ms. Adams started her presentation by quickly describing the property and going over the requests of
the applicant, Ms. Ann Mullins. These included the addition of a lightwell, rear exterior stairs connecting
to a non-historic deck, a skylight, and the request for HPC’s recommendation of 2 TDRs that would
remove 500 square feet of floor area from the property. She went on to describe the reasoning for the
various requests also stating that none of the proposals impact any historical materials.
She then showed drawings of the proposed new exterior stairs and lightwell and expanded on the
reasoning for their additions. Next, she detailed the proposed skylight and noted that it was to be on the
rear of the house. The intent was for it not to be visible from the street. She showed the roof plan and
said that the skylight is to be centered on an interior set of stairs. She noted that there would be no
historic materials or rafters that would be impacted by the skylight.
She then showed a slide detailing the amount of available floor area and noted that in February Ms.
Mullins had removed 500 square feet of floor area from the property in the form of two TDRs. She is
now requesting the ability to remove 500 more square feet, and if approved, it would leave 16 square
feet of available floor area on the property.
Ms. Raymond noted that the application did not show a guardrail around the lightwell and asked how
deep the lightwell would be. Ms. Adams said that it was 3’ 5” on one side and 2’ 4” on the other side.
She noted that they would try to regrade the area to reduce the depth, but they could explore a railing
with staff and monitor if the Building Dept. required one.
Mr. Fornell asked why the applicant chose not to ask for all four TDRs at once. Ms. Mullins said that with
her experience on City Council, they were usually hesitant to approve more than two at a time. She also
noted that the TDRs are intended to pay for the remodel of the property.
Staff Presentation: Stuart Hayden, Principal Planner Historic Preservation
Mr. Hayden started his presentation by stating that he had talked with the Building Dept. and they told
him that since the lightwell would be more than three feet from a walkway that a railing was not
required.
He then described the history of the property, additions that had been made over time and showed a
few historic photos. He noted that HPC had reviewed a number of applications for this property before
and he described these. He then reviewed the applicant’s current requests.
He went on to review the applicable historic preservation guidelines related to each of the proposed
minor development requests. Referencing guideline 3.7, he noted that the proposed skylight is not
similar in scale to the historic openings and because it is much larger than the existing historic openings,
staff finds that the application does not fully meet guideline 3.7. He said that a reduction in size of the
skylight would yield a more appropriate design. He noted that staff finds that a skylight over 3 feet wide
and 13 feet long, extends beyond the apparent flexibility of guideline 7.3. He then mentioned that while
more investigation may be required, cartographic evidence suggests that the roof materials on the
subject roof section may be original to the historic resource. Staff finds that removing these materials to
install the skylight would not meet guideline 7.7. He said that reducing the size and or relocating it will
help mitigate the potential loss of original materials.
Next, he reviewed the 10 standards the Land Use Code requires to be satisfied for the establishment of
the requested TDRs. He presented and reviewed 4 of the most relevant standards (A, B, G, J) for HPC
REGULAR MEETING HISTORIC PRESERVATION COMMISSION NOVEMBER 8TH, 2023
consideration. He stated that staff supports the proposed removal of the allowable development rights
from the property and recommends that HPC provide a recommendation of approval to City Council for
the creation of the 2 TDRs.
He finished by stating that staff recommends approval with the condition that the applicant submit a
proposal for a smaller skylight that is lower on the rear roof slope to minimize it’s physical and visible
intrusion on the historic resource.
Mr. Fornell asked if the skylight, as proposed by the applicant, would be visible to the public walking by
on the street. Mr. Hayden said, as proposed, no.
Mr. Warwick asked if there was an alley side of the property, to which Mr. Hayden said yes, but the view
is relatively obscured by a detached structure in the rear.
Ms. Raymond said that it seemed like staff thinks the roof materials are historic and the applicant thinks
they are not. She asked if that is something that could be investigated. Mr. Hayden said that a physical
inspection in the attic could confirm this. His concern was that the 1904 Sanborn map shows a similar
roof form to what is there currently.
PUBLIC COMMENTS: None.
Mr. Moyer allowed the applicant to respond to staff’s presentation. Ms. Mullins spoke to the request for
the skylight. She said that the idea for the skylight was in response to the smaller window openings on
the historic house as well as bringing more natural light down into the lower level of the house. When it
came to the roof materials, she noted that the front gable was fairly steep, while the rear was much
shallower. She said that from their research, the gables were the same pitch historically and the current
rear gable was a more recent addition.
Ms. Adams added that Ms. Mullins is attempting to make the house more livable without any additions
and that that was really important and unique to this property.
BOARD DISCUSSION: Mr. Moyer opened the board discussion by going over the requests. He asked if
the board was in support of the TDR recommendation, the lightwell and rear stairway. All members
were ok with these requests. He moved on to the skylight request.
Mr. Warwick said that he was generally for the skylight, especially if you cannot see it from the street
and it is not changing the historic roof pitch. He said that it was worth noting, when someone uses the
TDR program, keeps the house, lives here full time, that is important. He thought it was a small
exchange to ask to add a skylight. He was somewhat concerned that it could set a precedent though.
Ms. Surfas commented about the “green” benefits of the skylight, and she also agreed that it could set
precedent. She did think it should be slightly smaller and set back more so that there is no way it could
be seen from the street. Overall, she was ok with the skylight if it was a smaller footprint.
Ms. Raymond agreed with Mr. Warwick and Ms. Surfas that it could be a little smaller as the precedent
it sets is big. She noted that many skylights have been denied for years on historic properties. She
thought they needed to consider the precedence because of how big it is. Overall, she was ok with
approving a skylight, she just wanted the size to be reconsidered.
REGULAR MEETING HISTORIC PRESERVATION COMMISSION NOVEMBER 8TH, 2023
Mr. Fornell said he would be ok with the skylight as it was presented. He thought that if it cannot be
seen from the street, he did not want to micromanage the development. He thought that with some
other recent HPC approvals of skylights, the precedent may have already been set. He said that with the
applicant’s history with historic preservation, he trusted their goals were altruistic.
Mr. Moyer said that he was not opposed to the skylight and did not believe that the structure was
historic in this case. He then asked the other HPC members if they thought the skylight issue could be
something for staff and monitor. Mr. Fornell and Ms. Raymond agreed.
Mr. Moyer then asked Ms. Johnson about what should be contained in a motion regrading staff and
monitor’s review of the skylight. Ms. Johnson commented that if the motion did not contain staff’s
suggested condition that calls for staff and monitor’s review of certain items, it could be interpreted by
the applicant as a blanket approval with out the allowance for staff and monitor review.
Ms. Johnson and HPC members reviewed staff’s suggested conditions.
Mr. Fornell suggested that they include language that relates to a situation where if historic materials
are found to exist that staff and monitor have review.
Mr. Hayden asked regarding historic materials, are they only talking about the rafters or are they
considering other roof materials, like trusses.
Ms. Raymond suggested that the motion focuses on not seeing the skylight from the street, as opposed
to saying it needs to be smaller or lower on the roof.
The HPC members and Ms. Johnson discussed two conditions. One relating to the applicant submitting
of a proposal that minimizes the skylight’s physical and visual intrusions on the historic resource and the
other relating to the potential situation that if historic materials are determined to exist, that details
would be reviewed by staff and monitor.
MOTION: Mr. Fornell motioned to approve the resolution with the two conditions that were discussed.
Ms. Raymond seconded.
Roll call vote: Mr. Fornell, yes; Mr. Moyer, yes; Ms. Surfas, yes; Ms. Raymond, yes; Mr. Warwick, yes.
5-0 vote, motion passes.
Ms. Raymond was assigned as monitor for this project.
NEW BUSINESS: 400 E. Cooper Ave. – Minor Development – PUBLIC HEARING
Applicant Presentation: Eric Westerman – 523 Architecture
Mr. Westerman started his presentation by describing the property (Golden Horn Building) and its
location in the downtown core. He then went over the request to lower four windows on the south
elevation. He described the clad window design and showed a few renderings of the existing conditions
through to the proposed changes. He noted that there had been a few prior staff approvals that had got
them to were there are today with the windows about 18 to 20 inches above grade. The request now is
to lower them to be much closer to grade, increasing the storefront and visibility into the retail space.
He then showed a few pictures of other buildings in town that have windows close to grade.
REGULAR MEETING HISTORIC PRESERVATION COMMISSION NOVEMBER 8TH, 2023
Ms. Thompson asked if the proposed windows had the same specifications and the previous approved
ones and if it was just to change to a larger unit. Mr. Westerman said yes. He also described some
details of the type of window units.
Ms. Raymond asked how much space would be between the bottom of the windows and the ground.
Mr. Westerman said that on the right-hand side it would be about 4 ½ inches and because the grade
falls right to left, the left-hand side it would be about 9 inches.
Staff Presentation: Kirsten Armstrong - Principal Planner Historic Preservation
Ms. Armstrong started her presentation by describing the building and its location, noting that it is not a
landmark building, but is in the commercial core historic district. She described the applicant’s minor
development request to lower the windows. She went over some of the building’s history and detailed
the previously approved certificates of no negative effect. She then showed the proposed elevations
highlighting the larger windows. She went on to review the relevant design standards and guidelines and
noted that staff found that the criteria had been met for the minor development approval. She also
reviewed the recommended condition of approval, which was for a sample of the window be reviewed
by staff and monitor. She noted that staff recommends HPC’s approval of the requested Land Use
Review, with the condition.
PUBLIC COMMENTS: None.
BOARD DISCUSSION: Ms. Raymond made a few suggestions to Mr. Westerman about the sill height and
referenced a few buildings in town that had taller sill heights. Mr. Westerman said they are trying to
maximize the amount of glass but would not be opposed to going to 6 inches on the right side to create
more of a sill.
The board members discussed the possibility of going to 6 inches instead of 4 ½. Mr. Warwick, Ms.
Thompson, and Mr. Moyer said they were ok with the proposed 4 ½ height. Mr. Fornell agreed.
MOTION: Ms. Thompson motioned to approve the next resolution in the series with the removal of
condition #1. Mr. Moyer seconded.
Roll call vote: Mr. Fornell, yes; Mr. Moyer, yes; Ms. Surfas, yes; Ms. Raymond, yes; Mr. Warwick, yes;
Ms. Thompson, yes. 6-0 vote, motion passes.
Mr. Warwick was assigned monitor.
ADJOURN: Ms. Thompson motioned to adjourn the regular meeting. Ms. Raymond seconded. All in
favor; motion passes.
____________________
Mike Sear, Deputy City Clerk