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Home My WebLink Aboutresolution.hpc.07.2024111111111111111111111111111111111111111111111111111111111111111111111111111 RECEPTION#: 704096, R: $23.00, Dan$0.00 DOC CODE: RESOLUTION Pg 1 of 3, 08/14/2024 at 04:09:22 PM Ingrid K. Grueter, Pitkin County, CO RESOLUTION #07, (SERIES OF 2024) PA r • r d r,j N in iv r LOCATED AT 335 LAB AVENUE, LEGALLY DESCRIBED AS LOT A, DAGGS HISTORIC LANDMARK LOT SPLIT ASPEN, PITKIN COUNTY, COLORADO PARCEL ID: 273 5-121-3 5-001 WHEREAS, the applicant, Aspen West AJ, LLC, represented by Sara Adams, BendonAdams LLC, has requested HPC approval for Minor Development and Relocation for the property located at 3 3 5 Lake Avenue, Lot A, Dagg and s Historic Landmark Lot Split, Aspen, Pitkin County, Colorado; WHEF�EAS, 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 reviewo and WTEREAS, 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 project's 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, the HPC reviewed the project on June 26, 2024. The 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 5 to 0. NOW, THEREFORE, BE IT RESOLVED. That HPC hereby approves Minor Development and Relocation for 3 3 5 Lake Avenue, Lot A, Daggs Historic Landmark Lot Split, Aspen, Pitkin County, Colorado as follows: HPC Resolution 4407, Series of 2024 Page 1 of 3 Section 1: Minor Development Review and Relocation. HPC hereby approves the Minor Development and Relocation as proposed with the following conditions: 1. No Common Purple Lilacs may be planted in front of the historic resource (Zone A), an alternative planting at this location may be proposed for monitoring committee consideration. 2. The south property line fence will be terminated at its juncture with the east property line. 3. The two western -most light fixtures illuminating the front walkway shall be 12-15 inches in height. 4. Addition information regarding the height and other characteristics (e.g., finishes) of the proposed roof -top vent and exhaust pipes, including elevation drawings, shall be provided for review by the monitoring committee. 5. Additional rows of clapboard siding shall not be installed at the bottom of the historic walls. 6. review, the. applicant shall propose alternative roofing For monitoring committee rev material(s) for all non -historic additions. 7. A relocation plan must be provided to the monitoring committee prior to permitting. 8. A letter from an engineer attesting to the ability of the building to withstand the underpinning and excavation must be submitted to the monitoring committee prior to permitting. 9. The applicant must make a $30,000 deposit to the City of Aspen as collateral for the safe underpinning and excavation beneath the historic resource prior to permitting. 10. A Tree Removal Plan, Tree Planting Plan, and Tree Protection Plan must be provided for review at building permit. 11. A Tree Removal Permit / Dripline Excavation Permit must be submitted for review by the City Forester at building permit. Section 2: Material Representations All material representations and conHnitments 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 ame Section 3: Existing Litigation nded by other 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: Severabili 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 HPC Resolution #07, Series of 2024 Page 2 of 3 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: Notice is hereby given to the general public of the approval of asite-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: 335 Lake Avenue. 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 26th day of June 2024. Approved as to Form: Katharine Johns ATTEST: sistant City Attorney Approved as to Conten oger oyer, A t: HPC Resolution #07, S erles o Page f 2 024 3 of 3