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HomeMy WebLinkAboutresolution.hpc.03.20241111111IIIIIIIIIIIIIIIIIIII11111IilllIIIIII1III1111111111IIIII1111IIIIIIIII RECEPTION#: 702648, R: $23.00, D: $0.00 DOC CODE: RESOLUTION Pg 1 of 3, 05/28/2024 at 12:44:55 PM Ingrid K. Grueter, Pitkin County, CO RESOLUTION #03, (SERIES OF 2024) A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC) GRANTING SUBSTANTIAL AMENDMENT REVIEW FOR THE PROPERTY LOCATED AT 227 EAST BLEEKER STREET, LOT 2, EAST BLEEKER HISTORIC LOT SPLIT, ACCORDING TO THE FINAL PLAT THEREOF FILE ON RECORD IN PLAT BOOK 78 AT PAGE 5 AS RECEPTION NO, 521939, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO PARCEL ID: 2 735-124-20-014 WHEREAS, the applicant, French Road, LLC, represented by Kim Raymond Architecture + Interiors, has requested HPC approval for Substantial Amendment, including 1) removing and replacing historic wall sheathing; and 2) installing 4%2. to 7V2-inches-wide EcoStar Empire Shake plastic roofing tiles with a 6- or 7-inch exposure in a color to be reviewed and approved by the project monitoring committee, or Drexel Metals -brand DMC 100NS sheet -metal roofing atop the historic resource located at 227 East Bleeker Street, Lot 2, East Bleeker Historic Lot Split, according to the Final Plat thereof filed on record in Plat Book 78 at Page 5 as Reception No. 521939, 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 reviews" and WHEREAS, for approval of Substantial Amendment, 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(e)(2) 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, 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 design guidelines, and recommended denial of Substantial Amendments and WHEREAS, during a duly noticed public hearing on March 27, 2024 and April 24, 2024, the HPC reviewed and considered the application, staff memo, and public comments, and found the application consistent with the applicable review standards, and approved the application, in part, by a vote of 6 to 0. NOW, THEREFORE, BE IT RESOLVED: HPC Resolution #03, Series of 2024 Page 1 of 3 That HPC hereby approves, in part, Substantial Amendment for the property located at 227 East Bleeker Street, Lot 2, East Bleeker Historic Lot Split, according to the Final Plat thereof filed on record in Plat Book 78 at Page 5 as Reception No. 521939, City and Townsite of Aspen, Pitkin County, Colorado as follows: Section 1: Substantial Amendment. HPC hereby approves the applicant's request for Substantial Amendment to 1) remove and replace historic wall sheathing; and 2) install 4Y2- to 7%2-inches-wide EcoStar Empire Shake plastic roofing tiles with a 6- or 74nch exposure in a color to be reviewed and approved by the project monitoring committee. 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 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: HPC Resolution #03, Series of 2024 Page 2 of 3 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 .and Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: 227 East Bleeker 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 ail 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 24t'' day of April, 2024. Approved as to Form: Katharine J ATTEST: sistant City Attorney ikC��"ea�r, Deputy City Clerk Approved as to Content: ara Thompson, Chair HPC Resolution #03, Series of 2024 Page 3 of 3