HomeMy WebLinkAbout134EBleeker_0031-2020-BONDDate: 0 /10 /2 CI Check Amount: $30,000
Bank: c �i
To: Attn: Historic Preservation Officer Check Number:-D
City of Aspen
130 S. Galena St.
Aspen, CO 81611 Property Owner: Otis Real Estate Holdings,
LLC
Subject Property Street Address: 134 East Bieeker Street
Aspen, CO 81611
Subject Property Legal Address: Lots S and east 1/2 Lot R, Block 65, City and Townsite of
Aspen
The City of Aspen, as a condition of certain land use approvals relating to the above
referenced property, has required that the undersigned Owner of the above referenced property
provide financial security to guarantee the performance of the following:
6. Provide a financial assurance .of $3o,000 for the historic house until the Casement
construction is complete. The financial security is to be provided with the building
permit application.
A copy of the relevant approvals is appended hereto as Exhibit "A" and by this referenced
incorporated herein.
The undersigned Owner of the above referenced property hereby provides a personal check made
payable to the City of Aspen as, and for, the financial security required by said land use
approvals. The undersigned Owner understands that the personal check will not be finally
accepted as security until the check has cleared, usually not more than three business days
following deposit by the City of the personal check into its account.
The City of Aspen will deposit the personal check in a non -interest bearing account of the City
of Aspen. The City of Aspen may make withdrawals from said deposit at any time in its sole
discretion upon notification by the City's Community Development Director to the City's
Finance Director and to Owner that Owner has failed to perform one or more conditions of the
land use approvals of the City of Aspen Historical Preservation Commission.
Within thirty (30) days of the acceptance of the work to be performed by Owner in accordance
with the above referenced land use approvals, the balance of Owner's deposit, if any, shall be
returned to Owner; provided, however, that the Owner's balance is not the subject of litigation.
Owner' signature: &, IL I'11rrr-
RESOLUTION #11, SERIES OF 2020
A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC)
GRANTING MINOR DEVELOPMENT REVIEW, RELOCATION, AND SETBACK
VARIATIONS FOR THE PROPERTY LOCATED AT 134 EAST BLEEKER, LOT S AND THE
EAST % OF LOT R, BLOCK 63, CITY AND TOWNSITE OF ASPEN, COLORADO
PARCEL ID: 2737-073-15.002
WHEREAS, the applicant, Otis Real Estate Holdings, LLC, c/o Good Property Company,
represented by BendonAdams, has requested HPC approval for Minor Development,
Relocation and Setback Variations for the property located at 134 East Bleeker, Lot S and the
East Y of Lot R, Block 65, City and Townsite of Aspen, Colorado. As a historic landmark, the
site is exempt from Residential Design Standards review; 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 Minor 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
26.415.070.0 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.C, Relocation of a Designated Property; 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, Community Development Department staff reviewed the application for
compliance with the applicable review standards and recommends restudy; and
WHEREAS, HPC reviewed the project on April 22, 2020. HPC considered the application,
the staff memo and public comments, and found the proposal consistent with the review
standards and granted approval with conditions by a vote of 4 to 0.
RECEPTION#: 666631, R: $28.00,13: $0.00
DOC CODE: RESOLUTION
Pg 1 of 4,0810312020 at 10:23:36 AM
Janice K. Vos Caudill, Pitkin County, CO
HPC Resolution #11, Series of 2020
Page 1 of 4
NOW, THEREFORE, BE IT RESOLVED:
That HPC hereby approves Minor Development, Relocation, and Setback Variations for 134 East
Bleeker, Lot S and the East %z of Lot R, Block 65, City and Townsite of Aspen, CO as follows:
Section 7: Minor D_eveloprnent Review. Relocation, and Setback Variations.
HPC hereby approves Minor Development, Relocation, and Setback Variations with the with the
following conditions:
1. The following setback variations are approved for the existing historic secondary
"barn" structure:
8'-4" rear yard setback reduction above and below grade
0 3'-3" east side yard setback reduction above and below grade
2. Provide detailed information regarding vents and flues, gutters and snow stops, to be
reviewed and approved by staff and monitor prior to building permit submission.
3. Design the lightwell curb height to be 6" or less in height.
4. Work closely with relevant City Departments regarding work in the dripline of trees,
particularly the location of the waterline and sidewalks.
5. Review exterior light fixtures, to be reviewed and approved by staff and monitor.
6. Provide a financial assurance of $30,000 for the historic house until the basement
construction is complete. The financial security is to be provided with the building
permit application.
Section z: 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 : Severabilit
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 #11, Series of 2020
Page 2 of 4
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: 134 E. Bleeker
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
26.304.07o(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 an the ,,22"d day of April, 2020.
Approved as to F
Approved as to Content:
Andrea an, AsatafntCity Attor ey Gretc en Greenwood, Chair
HPC Resolution #ii, Series of 2020
Page 3 of 4
ATTEST:
C.-
Wes Graham, Deputy City Clerk
HPC Resolution #11, Series of 2020
Page 4 of 4