HomeMy WebLinkAbout110_Neale_Resolution_2020_10_14HPC Resolution #__, Series of 2020
Page 1 of 3
RESOLUTION #__, SERIES OF 2020
A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC)
GRANTING FINAL MAJOR DEVELOPMENT REVIEW FOR THE PROPERTY
LOCATED AT 110 NEALE AVENUE, LOT 2 AS SHOWN ON THE SUBDIVISION
EXEMPTION PLAT OF 114 NEALE/17 QUEEN HISTORIC LOT SPLIT, ACCORDING
TO THE PLAT THEREOF RECORDED MAY 29, 1998 IN PLAT BOOK 45 AT PAGE
17, CITY AND TOWNSITE OF ASPEN, COLORADO
PARCEL ID: 2737-073-83-002
WHEREAS, the applicant, 17 Queen LLC, represented by Forum Phi Architecture, LLC, has
requested HPC approval for Final Major Development for the property located at 110 Neale
Avenue, Lot 2 as shown on the Subdivision Exemption Plat of 114 Neale/17 Queen Historic Lot
Split, City and Townsite of Aspen, Colorado. The project has received administrative approval
of compliance with the Residential Design Standards; 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, Community Development Department staff reviewed the application for
compliance with applicable review standards and recommended approval with conditions; and
WHEREAS, HPC reviewed the project on October 14th, 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 _ - _.
NOW, THEREFORE, BE IT RESOLVED:
That HPC hereby approves Final Major Development for 110 Neale Avenue, Lot 2, as shown on the
Subdivision Exemption Plat of 114 Neale/17 Queen Historic Lot Split, City and Townsite of Aspen,
CO as follows:
Section 1: Final Major Development Review
HPC hereby approves Final Major Development as proposed with the following conditions:
1.) Proposed stone landscape wall to be removed and/or minimized to the greatest extent
possible to only in areas that retention is needed, using stones and techniques that have
HPC Resolution #__, Series of 2020
Page 2 of 3
historic precedent, to be reviewed and approved by staff and monitor prior to Building
Permit submission.
2.) Select a masonry veneer for the home that better relates to the local context and use
historic techniques that have historic precedent, to be reviewed and approved by staff and
monitor prior to Building Permit submission.
3.) Reduce the number of exterior light fixtures around the property, specifically in areas that
have high visibility from the right-of-way, to be reviewed and approved by staff and
monitor prior to installation.
4.) Coordinate with all relevant City Departments regarding stormwater mitigation, tree
removal, allowed development in tree driplines, and code compliance of features located
in the setbacks. HPC project monitor approval will be sought as needed.
5.) Proposed planting list must comply with the Water Efficiency Landscape Standards
(WELS).
6.) Provide a finalized landscape and lighting plan for review and approval by staff and
monitor prior to Building Permit submission.
7.) Three years vested rights shall be established by the date on which a Development Order
is issued by the Community Development 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 Rights
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
HPC Resolution #__, Series of 2020
Page 3 of 3
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: 110 Neale 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 BY THE COMMISSION at its regular meeting on the 14th day of October, 2020.
Approved as to Form: Approved as to Content:
______________________________ ______________________________
James R. True, City Attorney Gretchen Greenwood, Chair
ATTEST:
______________________________
Wes Graham, Deputy City Clerk