HomeMy WebLinkAboutExhibit E Insubstantial Amendment_HP26.415.070.E.Amendments, insubstantial and substantial. There are two processes for amending plans approved pursuant to a development order and an associated certificate of appropriateness. All requests for amendments, insubstantial or substantial, must be in writing and accompanied by drawing(s) and elevations as specified below.1.Insubstantial amendments.a)Insubstantial amendments are minor modifications to HPC approved plans that:(1)Address circumstances discovered in the course of construction that could not have been reasonably anticipated during the approval process or(2)Are necessary for conformance with building safety or accessibility codes and do not materially change the approved plans or(3)Approve specific building materials, finishes, design of ornamental trim and other such detail not provided in the HPC approved plans or(4)Change the shape, location or material of a building element or feature but maintains the same quality and approximate appearance of that found in the approved plans.Staff Response: The Applicant has successfully demonstrated that the proposed public amenity space reconfiguration, construction of rooftop decks and railings, exterior changes to the southeast chamfered corner of the building, the inclusion of a rainscreen façade surrounding the dining terrace, and the proposed floor area refinement changes to Section 4, Table 1 of Ordinance 051, Series 2013 do not change or reshape the use or character of the Hotel Aspen development and maintain the same quality and approximate appearance of the approved HPC plans.Staff finds these criteria to be met.b)The Community Development Director may authorize insubstantial amendments to approved plans.c)Monitoring committees established by the HPC, composed of up to two (2) members of the Commission and the Historic Preservation Officer or assign, may also authorize insubstantial amendments.d)Decisions of the Community Development Director or monitoring committee are binding. The Community Development Director or monitoring committee may determine that the proposed changes qualify as a substantial amendment and remand the matter to the HPC.e)Disapproval of a request for an insubstantial amendment may be appealed to the HPC to be considered in accordance with the procedures for substantial amendments.f)Approval of insubstantial amendments of plans will be reported to the HPC at their regularly scheduled meetings.Staff Response: The Community Development Director finds that the HPC Monitor has reviewed the request on multiple occasions and that the amendments do not rise to the level of being substantial and are insubstantial in nature. As a result, the amendment request is not required to be remanded back to the Historic Preservation Commission board for further consideration.