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DOC CODE: RESOLUTION
Pg 1 of 3, 01 /12/2024 at 11:43:51 AM
Ingrid K. Grueter, Pitkin County, CO
RESOLUTION #13,
(SERIES OF 2023)
A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC)
GRANTING MINOR DEVELOPMENT AND RELOCATION REVIEW FOR THE
PROPERTY LOCATED AT 135 WEST FRANCIS STREET, LEGALLY DESCRIBED
AS LOT A AND THE WEST ONE-HALF OF LOT B, BLOCK 56, CITY AND
TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO
PARCEL ID: 2735-124-20-001
WHEREAS, the applicant, Francis Street Holdings, LLC, represented by Kim Raymond
Architecture + Interiors, has requested HPC approval for Minor Development and Relocation for
the property located at 135 West Francis Street, Lot A and the West one-half of Lot B, Block 56,
City and Townsite of Aspen, Pitkin County, 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 approval of Minor Development Review, the HPC must review the application,
a staff analysis report and the evidence presented at a hearing to determine the projecUs
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 Relocation, the application shall meet the requirements of Aspen
Municipal Code Section 26.415.090, Relocation; 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 the applicable review standards and recommended approval of Minor
Development and Relocation with conditions; and
WHEREAS, HPC reviewed. the project on October 25, 2023. HPC considered the application,
the staff memo and public comments, and found the proposal consistent with the review
standards and granted approval with conditions by a vote of 3 to 0.
OW, THEREFORE, BE IT RESOLVED: N
That HPC hereby approves Minor Development and Relocation for 135 West Francis Street, Lot
A and the West one-half of Lot B, Block 56, City and Townsite of Aspen, Pitkin County,
Colorado as follows.
HPC Resolution # 13, Series of 2023
Page 1 of 3
Section 1: Minor Development Review and Relocation.
HPC hereby approves Minor Development and Relocation as proposed with the following
conditions:
1. Provide additional information about the design and materials of the historic and
proposed foundations for review and approval by staff and HPC monitor prior to
applying for a building permit. Design and material of new foundation is to be consistent
around the entire house.
2. Locate and place the Fire Department Connection (FDC) hookup and strobe with
sensitivity to historic materials and significant architectural features. The casing for the
strobe must be white.
3. 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.
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 asite-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
Jays 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.
HPC Resolution #13, Series of 2023
Page 2 of 3
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: 135 W. Francis St.
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 WITH CONDITIONS BY THE COMMISSION at its regular meeting on the
25th day of October, 2023.
Approved as to Form:
ATTEST:
Mike �eaP, Deputy City Clerk
Approved �s to Content:
son, Chair
HPC Resolution #13, Series of 2023
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