HomeMy WebLinkAboutFile Documents.234 W Francis St.0118-2020-BRES (17) Page 1 of 4
ZONING REVIEW CHECK LIST
01/09/2021 08/09/2021 O l 18•2020•B R ES
Date: R2C: Permit#
Building Name: Business Name:
234 W Francis •Davis Wait House
Address: Legal:
273512417003 R v 'HP Site
Parcel ID# : Zone District:
Street Facing Facades: PD:
West (N 2nd St.) ESA? No, No
Nonconforming? South (W. Francis) Proposed Demo %:
Alley •North
Scope of work:
0 New Construction 0 Addition 0 Remodel 0 Demolition/ Relocation
Completeness = August 2019
Exempt from impact fees (not school lands or garage addition = garage + second living space
GMQS)
Existing: Two Historic structures waiting on chimneys
Proposed addition + basement
Square Footage of Work:
Existing Use of Space:
Proposed Use of Space:
Approvals Attached? Variances? RDS?
Approval Drawings Attached? HOA Form? Zoning Compliance Form
Notes:
HP Conceptual: Reso 05.2020 matches HP floor plans
Setback Variations for garage and subgrade: elevations •misc. venting apparatus
5' rear yard reduction, 2'7" W side yard reduction, different •HP will review
22' 7" combined side yard reduction
Floor Area Bonus: 472 SF
HP Final: Reso 14.2020 West setback:
Confirmed setback variations and FA bonus from conceptual 7' 5" for garage +
Additional setback variations for historic resources: subgrade
2'S" W side yard reduction for historic structure 7' 2" for historic bay
2'10" W side yard reduction for historic bay window feature window
18'9" E side yard reduction for one story historic structure 7' 7" for historic structure
Approval to remove deed restricted ADU (voluntary unit) •deed restriction being lifted = when
they pay the fees
**fence
Page 2 of 4
LIGHTING
Exterior Light Plan? A•130.132,140 Pictures of Lights Y
Notes: Landscape lighting too close together •WRONG, UPDATE COMMENT
XB 001 ,002: need final specs, path lighting XSU01 : will it be underwater?
Basement: XWSO4 •good! woohoo
First: XLD01 , XWS01 'sconce, XWS02 'sconce, XWS03 "no specs provided
SURVEY: XPRO1 •under trellis
R-15B no reduction for steep slopes.
Steep Slopes 20-30% 30%+ Easements
Property Lines Fences Topographic lines
Lot Size Reductions:
20-30% X 50% _
30% X 100%
Easement
(Vehicular or
Row) X 100%
TOTAL
GROSS LOT SIZE TOTAL REDUCTIONS NET LOT AREA
9,017 0 'verify survey works 9,017
SITE:
Setbacks? Building Envelope? Setbacks from approvals?
Zoning Rules:
Front 10' (A 5') Side 10' Combined Side 25"
Rear 10' (A 5') Garage 5 Distance Between Buildings
Minimum size lot needed per zoning: Single Family 3,000 Duplex 6,000
Landmark property
SITE PLAN HAS:
Property Lines Setbacks Building Envelope
Fences Parking #of spaces AC units Patios
As approved during Conceptual approval,Resolution#5, Series of 2020,the following The following setback variations are approved for the historic resources:
setback variations for the proposed garage addition and subgrade level are granted: • 2'-5" west side yard setback reduction for the two-story historic structure,
• 5'rear yard setback reduction,above and below grade above and below grade,and a 2'-10"west side yard setback reduction for the
• 2'-7"west side yard setback reduction,above and below grade historic bay window feature.
• 22'-7"combined side yard setback reduction,above and below grade • 18'-9" east side yard setback reduction for the one-story historic structure,
above and below grade.
Page 3 of 4 calculated off of
9,000 SF instead of
9,017 - need to
update
Window Wells in the setbacks? Size Site walls
Site Coverage Required? <40% % Required % Proposed
\i\gi\I\i\giv\I\i\I\a\f
Micropile or Ground nails? Shown as within property lines?
ot-s:
not provided
9,017 SF
FLOOR AREA: Net Lot Area
A 472 sf floor area bonus is granted for this proposal.
Unit Allowed FA Existing FA Proposed FA Net Change FA
3,660+472 = 4132
Allowed Deck Proposed Deck Deck being added to FA
549
IRC < 250
Garage 561 250 = 311 then /2 = Add to FA
> 250
then 311 - 125 = 186 Add to FA
R-15B Garage = 500 SF exemption per parcel.
Existing: floor plans match.
front porch exemptions confirmed, stairway exemptions confirmed
Notes: attic:
subgrade: elevations match (fully subgrade + window wells); checked table vs.
diagram
garage: 478.15.250= 228.15/2 = 114.075
Proposed: floor plans match
front porch: confirmed
stairs: confirmed
attic: •I ended up with more exempt space than shown
subgrade: 'weird light well situation
check against elevations: fully subgrade except for window wells
table vs. diagram:
existing: mech space in garage is accurate •counts towards fa not deck fa
Demo: lots of mark ups
Page 4 of 4
HEIGHT Arch = Site
Height over Topography sheet? Sheet#
Maximum allowable Height 25 Per Zoning? 25 Per Approvals?
Proposed Height: Roof Pitch Measure to:
Elevations:
Max Height Line Shown? Natural Grade shown and labeled?
Finished Grade shown and labeled?
Notes:
Parking
2 car garage provided
26.710.040 Medium-Density Residential (R-6).
A. Purpose. The purpose of the Medium-Density Residential (R-6) Zone District is to
provide areas for long-term residential purposes, short term vacation rentals, and customary
accessory uses. Recreational and institutional uses customarily found in proximity to
residential uses are included as conditional uses. Lands in the Medium-Density Residential(R-
6) Zone District are generally limited to the original Aspen Townsite, contain relatively dense
settlements of predominantly detached and duplex residences and are within walking distance
of the center of the City.
B. Permitted uses. The following uses are permitted as of right in the Medium-Density
Residential (R-6)Zone District:
1. Detached residential dwelling.
2. Duplex.
3. Two (2) detached residential dwellings.
4. Home occupations.
5. Accessory buildings and uses.
6. Accessory dwelling units and carriage houses meeting the provisions of Chapter 26.520.
7. Vacation rentals. Pursuant to Section 26.575.220
C. Conditional uses. The following uses are permitted as conditional uses in the Medium-
Density Residential (R-6) Zone District, subject to the standards and procedures established in
Chapter 26.425:
1. Arts, cultural and civic uses.
2. Academic uses.
3. Recreational uses.
4. Group home.
5. Child care center.
6. For historic landmark properties: bed and breakfast and boardinghouse.
D. Dimensional requirements. The following dimensional requirements shall apply to all
permitted and conditional uses in the Medium-Density Residential (R-6) Zone District:
1. Minimum Gross Lot Area (square feet): six thousand (6,000) square feet. For lots
created by Section 26.480.030.A.4,Historic landmark lot split: Three thousand(3,000).
2. Minimum Net Lot Area per dwelling unit (square feet):
City of Aspen Land Use Code
Part 700, R-6 zone
Page 1
a. Detached residential dwelling: 4,500. For Historic Landmark Properties: 3,000.
b. Duplex: 4,500. For Historic Landmark Properties: 3,000. For properties
subdivided as of April 28, 1975: 4,000. For properties annexed subsequent to
January 1, 1989: 3,750.
c. Bed and breakfast, boardinghouse: No requirement.
1. Minimum lot width (feet): Sixty (60). For lots created by Section 26.480.030.A.4,
Historic Landmark Lot Split: Thirty(30).
2. Minimum front yard (feet): Principal buildings: 10. Accessory buildings: 15.
3. Minimum rear yard (feet): Principal buildings: 10. For the portion of a principal
building used solely as a garage: 5. Accessory buildings: 5.
4. Minimum side yard:
Gross Lot Area Minimum Total of Both Side Yards*
(Square Feet) Size for Each
Side Yard
0 4,500 5 feet 10 feet
4,500 6,000 5 feet 10 feet,plus 1 foot for each additional
300 square feet of Gross Lot Area, to a
maximum of 15 feet of total side yard
6,000 8,000 5 feet 15 feet,plus 1 foot for each additional
200 square feet of Gross Lot Area, to a
maximum of 25 feet of total side yard
8,000-10,000 10 feet 25 feet,plus 1 foot for each additional
200 square feet of Gross Lot Area, to a
maximum of 35 feet of total side yard.
10,000+ 15 feet 35 feet,plus 1 foot for each additional
400 square feet of Gross Lot Area, to a
maximum of 50 feet of total side yard.
City of Aspen Land Use Code
Part 700, R-6 zone
Page 2
The following requirements shall apply on a lot annexed subsequent to January 1, 1989.
Gross Lot Minimum Total of Both Side Yards*
Area Size for
(Square Each Side
Feet) Yard
0-7,500 10 feet 20 feet
7,500— 10 feet 20 feet,plus 1 foot for each additional 200
10,000 square feet of Gross Lot Area, to a maximum of
32.5 feet of total side yard
10,000+ 15 feet 32.5 feet,plus 1 foot for each additional 400
square feet of Gross Lot Area, to a maximum of
50 feet of total side yard
I
* Two detached residential dwellings located on one lot shall not be subject to the
combined side yard setback requirements, provided that the minimum setback between
the two detached dwellings on the lot shall be ten (10) feet.
For purposes of calculating the minimum side yard setback for lots within the Hallam
Lake Bluff environmentally sensitive area(ESA), the area below the top of slope shall be
subtracted from lot size.
7. Maximum site coverage:
Gross Lot Area (Square Feet) Maximum Site Coverage (%)
0 -5,999 No limitation
6,000—9,000 50%, minus 1% for each additional 300
square feet of Gross Lot Area, to a
maximum site coverage of 40%
9,000— 12,000 40%, minus 1% for each additional 300
square feet of Gross Lot Area, to a
maximum site coverage of 30%
12,000— 18,000 30%, minus 1% for each additional
1,200 square feet of Gross Lot Area, to a
maximum site coverage of 25
18,000+ 25%
8. Maximum height (feet): 25
9. Minimum distance between detached buildings on the lot(feet): 5 feet.
10. Percent of open space required for building site: No requirement.
11. Floor area ratio (applies to conforming and nonconforming lots of record):
City of Aspen Land Use Code
Part 700, R-6 zone
Page 3
Net Lot Area (Square Allowable Floor Area Allowable Floor Area
Feet) for Single-Family for Two Detached
Residence* Dwellings or One
Duplex*
0-3,000 80 square feet of floor 90 square feet of floor
area for each 100 square area for each 100 square
fee in Net Lot Area, up to feet in Net Lot Area, up
a maximum of 2,400 to a maximum of 2,700
square feet of floor area square feet of floor area
3,000-6,000 2,400 square feet of floor 2,700 square feet of floor
area,plus 28 square feet area,plus 30 square feet
of floor area for each of floor area for each
additional 100 square feet additional 100 square
in Net Lot Area, up to a feet in Net Lot Area, up
maximum of 3,240 square to a maximum of 3,600
feet of floor area square feet of floor area
6,000-9,000 3,240 square feet of floor 3,600 square feet of floor
area,plus 14 square feet area,plus 16 square feet
of floor area for each of floor area for each
additional 100 square feet additional 100 square
in Net Lot Area, up to a feet in Net Lot Area ,up
maximum of 3,660 square to a maximum of 4,080
feet of floor area square feet of floor area
9,000-15,000 3,660 square feet of floor 4,080 square feet of floor
area, plus 6 square feet of area, plus 6 square feet of
floor area for each floor area for each
additional 100 square feet additional 100 square
in Net Lot Area, up to a feet in Net Lot Area ,up
maximum of 4,020 square to a maximum of 4,440
feet of floor area square feet of floor area
15,000-50,000 4,020 square feet of floor 4,440 square feet of floor
area, plus 5 square feet of area, plus 5 square feet of
floor area for each floor area for each
additional 100 square feet additional 100 square
in Net Lot Area, up to a feet in Net Lot Area ,up
maximum of 5,770 square to a maximum of 6,190
feet of floor area. square feet of floor area
50,000+ 5,770 square feet of floor 6,190 square feet of floor
area,plus 2 square feet of area,plus 3 square feet of
floor area for each floor area for each
additional 100 square feet additional 100 square
in Net Lot Area. feet in Net Lot Area
*Total external floor area for multiple detached residential dwellings on one (1) lot shall not
exceed the floor area allowed for one (1) duplex. Total external floor area for multiple
City of Aspen Land Use Code
Part 700, R-6 zone
Page 4
detached residential dwellings on a lot less than nine thousand (9,000) square feet listed on
the inventory of historic landmark sites and structures shall not exceed the floor area allowed
for one (1) detached residential dwelling.
a. Each City of Aspen Historic Transferable Development Right certificate
extinguished, pursuant to Section 26.535, Transferable Development Rights, shall
allow an additional two hundred and fifty (250) square feet of Floor Area. Each
residence on the parcel, excluding accessory dwelling units and carriage houses,
shall be eligible for one (1) floor area increase in exchange for the extinguishment
of one (1) historic TDR. Properties listed on the inventory of historic sites and
structures shall not be eligible for this Floor Area increase. Non-conforming uses
and structures shall not be eligible for this Floor Area increase. No more than one
(1)floor area increase shall be allowed per residence,with the following exceptions:
b. Non-historic properties with a net lot area of 9,000 sf or larger that contain only a
single family residence are eligible to extinguish up to two (2) historic TDRs.
c. Properties within the same subdivision or planned development as a sending site
may be specified as eligible for up to two (2) floor area increases per residence
pursuant to the subdivision or planned development approval. The properties to be
specified as eligible for up to two (2) floor area increases per residence shall be
located within the same subdivision or planned development so as to enhance
preservation of the historic resource, considering a recommendation from the
Historic Preservation Commission, shall not be located adjacent to the sending site
and shall be described and depicted in the subdivision or planned development
approvals granted by City Council. The total number of floor area increases
permitted within the subdivision or planned development shall not exceed an
aggregate total of one (1)per non-historic residence within the entire subdivision or
planned development.
(Ord. No. 56-2000, §§ 1, 7 [part], 10; Ord. No. 25-2001, §§ 1, 5 [part]; Ord. No. 1-2002, § 20
[part]; Ord. No. 54-2003, § 6; Ord. No. 48-2004, § 1; Ord. No. 50-2005, § 1; Ord. No. 27-
2010, §4; Ord. No. 34-2011, §3; Ord. No. 33-2014, §2)
City of Aspen Land Use Code
Part 700, R-6 zone
Page 5
RESOLUTION #5, SERIES OF 2020
A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC)
GRANTING CONCEPTUAL MAJOR DEVELOPMENT REVIEW, SETBACK VARIATIONS,
AND FLOOR AREA BONUS FOR THE PROPERTY LOCATED AT 234 WEST FRANCIS
STREET, LOTS K, L AND M, BLOCK 48, CITY AND TOWNSITE OF ASPEN, COLORADO
PARCEL ID: 2735-124-17-003
WHEREAS, the applicant. 234 West Francis LLC, represented by BendonAdams, has
requested HPC approval for Conceptual Major Development, Setback Variations, and Floor
Area Bonus for the property located at 234 West Francis Street. Lots K, L and M, Block 48, 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
project's 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.
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 Setback Variations, the application shall meet the requirements of
Aspen Municipal Code Section 26.415.110.C, Setback Variations; and
WHEREAS, for approval of Floor Area Bonus, the application shall meet the requirements of
Aspen Municipal Code Section 26.415.110.F, Floor Area Bonus; and
WHEREAS, Community Development Department staff reviewed the application for
compliance with applicable review standards and recommends approval with conditions; and
WHEREAS, HPC reviewed the project on November 13, 2019 and February 12, 2020. HPC
considered the application, the staff memo and public comment, and found the proposal
consistent with the review standards and granted approval with conditions by a vote of 6-0.
NOW,THEREFORE, BE IT RESOLVED:
That HPC hereby approves Conceptual Major Development, Setback Variations and Floor Area
Bonus for 234 West Francis Street. Lots K, L and M, Block 48, City and Townsite of Aspen. CO as
follows: K,d
HPC Resolution #5, Series of 20 ®:,,p !'
Page 1 of 3
10/22/2020
ASPEN
SIJILDING DEPARTMENT
Section 7: Conceptual Major Development Review, Setback Variations, and Floor Area Bonus.
HPC hereby approves Conceptual Major Development, Setback Variations, and a Floor Area
Bonus as proposed with the following conditions:
1.) Restudy the overhang feature located above the secondary entrance which is
accessed from Second Street for Final Review.
2.) Work closely with all relevant City Departments to provide a better-defined
stormwater mitigation plan that minimizes features in highly visible areas for Final
Review.
3.) Design curb heights around the lightwells to be 6" or less in height.
4.) Investigate historic framing and historic documents before restoration/reconstruction
changes are approved, to be reviewed by staff and monitor.
5.) Obtain a permanent encroachment license from the Engineering Department to
maintain the existing location of the historic Herbert Bayer fence prior to Building
Permit submission.
6.) A 472 sf floor area bonus is granted for this proposal.
7.) The following setback variations for the proposed garage addition and subgrade level
are granted:
a. 5' rear yard setback reduction, above and below grade
b. 2.-7" west side yard setback reduction. above and below grade
c. 22.-7" combined side yard setback reduction. above and below grade
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
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
HPC Resolution #5, Series of 2 (FIVEI
Page 2 of 3
10/22/2020
ASPEN
BUILDING DEPARTMENT
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 12`h day of February,
2020.
Approved as o Form: Approved as to Content:
A r Bry n, Assistant City Attorney Gret n Gr nwood, Chair
ATTEST:
c
Nicole Henning,City r
HPC Resolution #5, Series of 2 ('EIV D
Page 3 of 3
10/22/2020
ASPEN
BUILDING DEPARTMENT
RESOLUTION#14, SERIES OF 2020
A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC)
GRANTING FINAL MAJOR DEVELOPMENT REVIEW,RELOCATION AND
SETBACK VARIATIONS FOR THE PROPERTY LOCATED AT 234 WEST FRANCIS
STREET, LOTS K,L AND M, BLOCK 48, CITY AND TOWNSITE OF ASPEN,
COLORADO
PARCEL ID: 2735-124-17-003
WHEREAS,the applicant, 234 West Francis LLC, represented by BendonAdams, has requested
HPC approval for Final Major Development, Relocation and Setback Variations for the property
located at 234 West Francis Street, Lots K, L and M, Block 48, 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 Final Major 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.D.4.b.2
and 3 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 of Designated Historic Properties; 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, Community Development Department staff reviewed the application for
compliance with applicable review standards and recommends approval with conditions; and
WHEREAS, HPC reviewed the project on July 8, 2020. HPC considered the application, the
staff memo and public comment, and found the proposal consistent with the review standards
and granted approval with conditions by a vote of 4-0.
NOW, THEREFORE,BE IT RESOLVED:
That HPC hereby approves Final Major Development, Relocation and Setback Variations for 234
West Francis Street, Lots K, L and M, Block 48, City and Townsite of Aspen, CO as follows:
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII HPC Resolution# 14, Series of 2020
RECEPTION#: 667469, R: $28.00, D: $0.00 Page 1 c/2 2/2 0 2 0
DOC CODE: RESOLUTION
Pg 1 of 4,08/28/2020 at 09:42:38 AM ASPEN
Janice K.Vos Caudill, Pitkin County, CO
BUILDING DEPARTMENT
Section 1: Final Major Development Review and Relocation and Setback Variations
HPC hereby approves Final Major Development, Relocation and Setback Variations as proposed
with the following conditions:
1. As required in the Conceptual approval, Resolution #5, Series of 2020, design curb
heights around the lightwells to be 6"or less in height.
2. As required in the Conceptual approval, Resolution #5, Series of 2020, obtain a
permanent encroachment license from the Engineering Department to maintain the
existing location of the historic Herbert Bayer fence prior to Building Permit submission.
3. As approved during Conceptual approval, Resolution #5, Series of 2020, a 472 sf floor
area bonus is granted for this proposal.
4. As approved during Conceptual approval, Resolution #5, Series of 2020, the following
setback variations for the proposed garage addition and subgrade level are granted:
• 5' rear yard setback reduction, above and below grade
• 2'-7"west side yard setback reduction, above and below grade
• 22'-7"combined side yard setback reduction, above and below grade
5. Restudy the extent of perennial beds around the historic resource and increase areas
where sod meets the gravel maintenance border around the historic structure. Provide
this information, along with a schedule identifying all plants to meet Design Guideline
1.12 and 1.23, for staff and monitor approval prior to building permit submission.
6. Provide alternative layout and fixtures for outdoor lighting around the hot tub to meet
outdoor lighting code, to be reviewed and approved by staff and monitor prior to building
permit submittal.
7. Provide cut sheets for proposed storm windows on the historic resources, to be reviewed
and approved by staff and monitor.
8. Staff recommends the applicant continue to communicate with relevant City Departments
regarding the final stormwater plan and maintain all features to have minimal visual
impact. Any needed changes to be reviewed and approved by staff and monitor.
9. Document and investigate historic framing and historic documents before proceeding
with restoration/reconstruction of fenestration and other architectural features, to be
reviewed and approved by staff and monitor.
10. Provide financial assurances of$30,000 for the two-story historic home and $15,000 for
the one-story historic structure until set onto new foundations. The financial security is to
be provided with the building permit application.
11. The following setback variations are approved for the historic resources:
• 2'-5" west side yard setback reduction for the two-story historic structure,
above and below grade, and a 2'-10" west side yard setback reduction for the
historic bay window feature.
• 18'-9" east side yard setback reduction for the one-story historic structure,
above and below grade.
If any discrepancies are identified, then we will refer to the submitted site survey. All
historic resources are to remain in their current location.
HPC Resolution# 14, Series of 2QQ2,0,
Page 2 of�4/22/2020
ASPEN
BUILDING DEPARTMENT
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 Rishts
The development approvals granted herein shall constitute a site-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 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: 234 West Francis 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.
REGHVED
HPC Resolution# 14, Series of 2 0
Page3 /22/2020
ASPEN
BUILDING DEPARTMENT
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 BY THE COMMISSION at its regular meeting on the 8th day of July, 2020.
Approved as to Form: Approved as to Content:
ar( ryan, ssistantAy Cttorney G chen Gree ood, Chair
A E T.
// eXe
' es Graham,Deputy City Clerk
RECEIVED
HPC Resolution# 14, Series of 2020
Page 4liQ✓22/2020
ASPEN
BUILDING DEPARTMENT