The URL can be used to link to this page

Home My WebLink AboutFile Documents.234 W Francis St.0118-2020-BRES (20) 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