HomeMy WebLinkAboutresolution.hpc.11.2025RECEPTION#: 712684, R: a43.007 D: $0.00
DOC CODE: RESOLUTION
Pg 1 of 3, 10/17/2025 at 02:08:08 PM
Ingrid K. Grueter, Pitkin County, CO
RESOLUTION #11
(SERIES OF 2025)
• 1 1 1 1'• 1 1 -- 1 �' 1
DEVELOPMENT —CONCEPTUAL VIEW, RELOCATION, �D BENEFITS FOR
THE PROPERTY LOCATED AT 406 W. SMUGGLER ST., LOTS P & Q, BLOCK 33,
CITY & TOWNSITE OF ASPEN; & LOTS 16 & 17, BLOCK 33, HALLAM'S ADDITION
TO THE CITY & TOWNSITE OF ASPEN
PARCEL ID: 2735-124-64-002
WHEREAS, the applicant, Smuggler Mountain HoldCo, LLC, 3889 Maple Ave, Ste 500
Dallas, TX 75219, represented by Kim Raymond Architecture + Interiors, has requested HPC
aproval for a Certificate of Appropriateness for Maj por Development — Conceptual Review,
Relocation, Benefits, and Residential Design Standards Variation for the property located at 406
T. Smuggler St., Lots P & Q, Block 33, City & Townsite of Aspen; & Lots 16 & 17, Block 33,
Hallam's Addition to the City & Townsite of Aspen; 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 a Certificate of Appropriateness for Major Development, 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) 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, 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 a
Aspen Municipal Code Section
Floor Area Bonus, the application shall meet the requirements of
26.415.110(f), Floor Area Bonus; and
WHEREAS, Community Development Department staff reviewed the application for
compliance with applicable review standards; and
WHEREAS, at a duly noticed public meeting on July 23, 2025, the HPC consi
application, the staff memo, and public comment, and voted four to zero (4 to 0) in s
motion to continue the application to a date certain of October 8, 2025; and
dered the
upport of a
HPC Resolution # 11, Series of 2025
WHEREAS, at a duly noticed public meeting on October 8, 2025, the HPC considered
application, the staff memo, and public comment, and voted five to zero (5-0) in s
motion to approve the application with conditions;
NOW, THEREFORE, BE IT SOLVED:
Section 1: A
royal
Pursuant to the procedures and standards set for
Historic Preservation Commission hereby grants the a Certificate of Appropriateness for Major
Development — Conceptual Review, Relocation, and Benefits for the property located at 406 T.
Smuggler St., Lots P & Q, Block 33, City & Townsite of Aspen; & Lots 16 & 17, Block 33,
Hallam's Addition to the City & Townsite of Aspen, Colorado, with the following conditions:
upport
the
of a
:h in Title 26 of the Aspen Municipal Code, the
1. Staff and monitor review following selective demolition of non -historic additions to
verify if any historic material is present.
2. Staff and monitor review of framing following demolition of non -historic addition to
confirm if there is any historic window framing remaining. If there is, the proposed
window should align with the existing historic framing.
3. Prior to submitting for a building permit, a preservation plan is to be provided for staff
and monitor review and approval.
4. Prior to building permit issuance, a right-of-way encroachment permit will be required
for the proposed temporary location.
5. Financial assurance of $60,000 for the safe relocation of the historic structure onto a new
basement foundation must be provided to the City upon applying for a building permit.
$30,000 of this assurance can be released once the house is set on the new foundation.
The remaining $30,000 is to be released at the completion of the project when a
Certificate of Occupancy is obtained.
6. The following benefits are approved:
a. A 5400t reduction of the required 10-foot rear setback for the principal building
above and below grade, resulting in a 5400t rear setback.
b. A 5400t reduction of the combined side yard setback above grade, resulting in a 10-
foot combined side yard setback.
c. A floor area bonus via a lightwell exemption in the amount of 412 square feet.
7. A final development plan application shall be submitted within one (i) 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
WPC
Resolution #11, Series of 2025
Page 2 of 3
approvals and the same shall be complied with as if fully set
other specific conditions or an authorized authority.
forth herein, unless amended by
Section 3: Ex'st'nr Lit' a tion
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.
APPROVED BY THE COMMISSION at its regular meeting on the 8th day of October, 2025.
Approved as to Form:
TTEST:
ep
istant Ci
ttorney
Clerk
Approved as to Content:
Kara Thompson, Chair
HPC Resolution # 11, Series of 2025
Page 3 of 3