HomeMy WebLinkAboutResolution.121WBleeker.20210608HPC Resolution #09, Series of 202 2
Page 1 of 4
RESOLUTION #09, SERIES OF 20 22
A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC)
GRANTING FINAL MAJOR DEVELOPMENT REVIEW AND A FLOOR AREA
BONUS FOR THE PRO PERTY LOCATED AT 121 WEST BLEEKER STREET, THE
EAST ½ OF LOT C, ALL OF LOT D, AND THE WEST ½ OF LOT E, BLOCK 58, CITY
AND TOWNSITE OF ASPEN, COLORADO
PARCEL ID: 2 735 -124-39-0 03
WHEREAS, the applicant, 121 W Bleeker LLC, represented by 1 Friday Design, has requested
HPC ap proval for Conceptual Ma jor Development, Relocation, Setback Variation s and a Floor
Area Bonus for th e property located at 121 W. Bleeker Street, the East ½ of Lot C, all of Lot D, and
the West ½ of Lot E, Block 58, 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 submi tted
to the Community Development Directo r 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 determ ine 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, th e site
is ex empt f rom Resid ential 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, for approval of Floor Area Bonus, the application shall meet the requ i rements of
Aspen Municipal Code Section 26.415.110.F, Floor Area Bonus; and
WHEREAS, Community Development Department staff reviewed the application for
compliance with applicable review standards and recommends approval with conditions; and
WHEREAS, HPC reviewed th e project on June 8, 2022. HPC considered the applica tion, th e
staff memo and public comment, and found the proposal consistent with t he review standards
and granted approval with conditions by a vote of 6 - 0 .
NOW, THEREFORE, BE IT RESOLVED:
Th at HPC hereby ap proves Final Major Development and Floor Area Bonus for 121 W. Bleeker
Street, the East ½ of Lot C, all of Lot D, and the West ½ of Lot E, Bloc k 58, City and Townsite of
Aspen, CO as follo ws:
Section 1 : Final Major Development and Floor Area Bonus .
HPC hereby approves Final Major D evelopment and Floor Are a Bo nus as proposed with the
following conditions:
HPC Resolution #09, Series of 202 2
Page 2 of 4
1. The final landscape plan to meet Design Guideline 1.6 with the following revisions for
rev iew and approval by staff and monitor prior to building permit submission: the primary
walkway to be 3 feet, the flare of the walkway at the curb to be removed, a different
material from the primary walkway for the secondary walkways to be used, and a basalt
paver p atio material approved with a historically compliant hard scape pattern to be
reviewed.
2. Submit a preservation plan that includes documentation of existing conditions and
proposed treatments for restoration for staff & monitor approval, prior to building permit
submission.
3. As required in the Conceptual approval, Resolution #10, Series of 2021, continue to work
with relevant City Departments regarding comments related to the transformer, new water
line and the stormwater mitigation plan. Minimize visual impact of stormwater features in
the foreground of the historic resource by using an inverted manhole cover concealed
within perennial plantin gs . Finalized storm water plan to be reviewed and approved by staff
& monitor prior to building permit submission.
4. Reduce porch lightin g to one fixture and p rovide loc ation of fire department connection
(FD C) hook-up and strobe to staff & monitor prior to permit submission . The FD C is to be
sensitively located and the stro be is to be a white casing.
5. As required in the Conceptual appro val, Resolution #10, Series of 2021, the ligh twell
abutting the historic resource must have a curb height of 6” or less.
6. The approved conceptual design , Resolution #10, Series of 2021, is hereby amended to
reflect that the design as presented and approved at conceptual review is granted a revised
floor area bonus of 2 50 s.f . All calculations will be confirmed during building permit
rev iew. Bo nus floor area not used for this project will be forfeited and must be earned
through a future request.
7. As required in the Conceptual approval, Resolution #10, Series of 2021, the following
setb ack variations for the proposed design is gr anted:
• 5’ rear yard setback reduction for the addition above and below grade, as represented in
the approved application
• 3’-10” east side yard setback reduction for the proposed mechanical equipment
• 8’-9” combined side yard setback reduction for the new addition a nd th e mechanical
equipment as represented in the approved application
8. As part of the approval to relocate the historic house on the site, the applicant will be
required to provide a financial security of $30,000 until the house is set on the new
foundation. The fina ncial security is to be provided with the building permit application,
along with a detailed description of the house relocation approach.
9. Existing wrought iron fence and plan tings in the f ront yard approved to remain in place.
10. If side yard fences need to be removed, new fence must meet all relevant design guidelines,
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 docume ntation
prese nted before the Community Develo p m ent Department, th e Histo ric Preservation
Commission , or the Aspen City Council are hereby incorporated in such pla n development
HPC Resolution #09, Series of 202 2
Page 3 of 4
approv als 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 : Ex isting Litigation
Th is Resolution shall not affect any existing litiga tion a nd sh all not operate as a n abatement of
any action or proceeding now pending under or by virtue of the ordinances repealed or amended
as herein p rovid ed, and the same shall be co nducted and concluded under such prior ord inanc es.
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 co urt o f competent ju risdiction, such portion shall be
deemed a separate, distinct and ind ependent provision and shall not affect the valid ity 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 me aning 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 f ourteen (14) days following final approval of all requisite rev iews 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 giv en 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 describ ed property: 121 W. Bleeker Street.
Noth in g i n th is 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 publicatio n 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.
HPC Resolution #09, Series of 202 2
Page 4 of 4
APPROVED BY THE COMMISSION at its regular meeting on the 8th day of June, 2022 .
Approved as to Form: Approv ed as to Cont ent:
________________________________ ________________________________
Kath arine Johnson, Assistant City Attorn ey Kara Thompson, Chair
ATTEST:
________________________________
Cindy Klob , Record s Manager / City Clerk