HomeMy WebLinkAboutresolution.hpc.004.2022RECEPTION#: 686000, R: $28.00, D: $0.00
DOC CODE: RESOLUTION
Pg 1 of 4, 03/15/2022 at 03:02:52 PM
Janice K. Vos Caudill, Pitkin County, CO
RESOLUTION #4, SERIES OF 2022
A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC)
GRANTING FINAL MAJOR DEVELOPMENT REVIEW FOR THE PROPERTY
LOCATED AT 135 WEST FRANCIS STREET, LOT A AND THE WEST ONE-HALF
OF LOT B, BLOCK 56, CITY AND TOWNSITE OF ASPEN, COLORADO
PARCEL ID: 2735-124-21-001
WHEREAS, the applicant, Francis Street Holdings LLC, represented by Kim Raymond
Architects + Interiors, has requested HPC approval for Final Major Development for the property
located at 135 W. Francis Street, Lot A and the West One -Half of Lot B, Block 56, 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. As a historic landmark, the site
is exempt from Residential Design Standards review. 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 recommends approval with conditions; and
WHEREAS, HPC reviewed the project on February 23, 2022. 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 5 - 0.
NOW, THEREFORE, BE IT RESOLVED:
That HPC hereby approves Final Major Development for 135 W. Francis Street, Lot A and the West
One -Half of Lot B, Block 56, City and Townsite of Aspen, CO as follows:
Section 1: Final Major Development Review
HPC hereby approves Final Major Development with the following conditions:
1. As required in the Conceptual approval, Resolution #13, Series of 2021, continue to work
with the relevant City Departments regarding the stormwater mitigation and drainage plans
for the site and clarify the anticipated visual impacts. Minimize visible impacts of stormwater
features in the foreground of the historic resource. Provide details for the water quality vault
cover and the drain basin near the historic resource, to be reviewed and approved by staff &
monitor prior to building permit submission.
HPC Resolution #4, Series of 2022
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2. As required in the Conceptual approval, Resolution #13, Series of 2021, lightwell curb
heights to be 6" or less in height. Provide curb height information for lightwell adjacent
to the historic resource.
3. As required in the Conceptual approval, Resolution #13, Series of 2021, provide a detailed
Preservation Plan including existing conditions documenting investigation of historic
framing and proposed treatment, to be reviewed by staff and monitor prior to building permit
submission. Special attention is required for the front entry porch as part of this plan.
4. As required in the Conceptual approval, Resolution #13, Series of 2021, a 60 s.f. floor
area bonus is granted for the approved design. All calculations will be confirmed during
building permit review. Bonus floor area not used for this project will be forfeited and
must be earned through a future request.
5. As required in the Conceptual approval, Resolution #13, Series of 2021, the following
setback variation for the proposed addition is granted:
• 2'-8" rear yard setback reduction for the proposed garage, as represented in the
approved application
• 7'-4" rear yard setback reduction for the living spaces on the upper level and below
grade, as represented in the approved application
• 1'-0" west side yard setback reduction for extruded architectural features on the west
elevation of the new addition
• 1'-0" combined side yard setback reduction
6. Provide financial assurances of $30,000 for the relocation of the historic home onto a new
basement foundation, to be provided prior to building permit submission.
7. Provide final details for the proposed fence for staff and monitor review.
8. Provide location of fire department connection (FDC) hook-up and strobe to be reviewed and
approved by staff and monitor.
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.
HPC Resolution #4, Series of 2022
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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
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: 135 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.
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 23`d day of February,
2022.
Approved as to Form: Approved as to Content:
Katharine Johns Assistant City Attorney a Thompson, hair
HPC Resolution #4, Series of 2022
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ATTEST:
i e Sear, Deputy City Clerk
HPC Resolution #4, Series of 2022
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