HomeMy WebLinkAboutResolution.135 W Francis.20220223HPC Resolution #__, Series of 202 2
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RESOLUTION #__, SERIES OF 20 22
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: 2 735 -124-21-0 01
WHEREAS, the applicant, Francis Street Holdings LLC, represented by Kim Raymond
Architects + Interiors, has requested HPC approval for Final Ma jor Development for th e 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 submi tted
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 hearin g 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 ad ditional information necessary to
make a decision to approve or deny; and
WHEREAS, Community Development Department staff reviewed the application for
compliance with a pplicable revie w stand ards and recommends approval with conditions; and
WHEREAS, HPC reviewed th e project on February 23, 202 2. HPC considered the applica tion,
th e staff memo and public comment, and found the proposal consistent with the review standards
and granted a pproval with conditions by a vote of _ - _.
NOW, THEREFORE, BE IT RESOLVED:
Th at HPC hereby ap proves Final Major Development for 135 W. Francis Street, Lot A and th e West
One-Half of Lot B, Block 56, City and Townsite of Aspen, CO as follo ws:
Section 1 : Final Major Development Review
HPC hereby approves Final Major D evelopme nt 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.
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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 en try 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 b e 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, th e following
setback variation for the proposed a ddition 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 cutsheets for a front light fixture on the historic home, to be reviewed and approved
by staff and monitor.
9. Provide details regarding the material selection for the garage door, to be reviewed and
approved by staff and monitor.
10. 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 representation s and commitmen ts 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 Dev elo p m ent Department, th e Historic Preservation
Co mmission , or the Aspen City Council are hereby incorporated in such plan development
approva ls and the same shall be complied with as if fully se t forth herein , unless amended by
other specific conditions or an authorized autho rity.
Section 3 : Ex isting Litigation
Th is Resolution shall not affect any existing litiga tion and sh all not operate as a n abatement of
any action or proceeding now pending under or by virtu e of the ordinances repealed or amended
as herein provided, and th e same shall be co nducted and concluded under such prior ord inances.
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 o f competent ju risdiction , such portion shall be
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deemed a separate, distinct and ind ependent provision and shall not aff ect the validity of the
remaining portions thereof.
Section 5: Vested Rights
The development approvals granted herein shall constitute a site-sp ecific 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 c onditions attendant to this approval shall result in
the forfeiture o f said vested property rights. Unless otherwise exempted or extended, failure t o
properly record all plats and agreements required to be recorded, as s pecified herein, within 180
days of the ef fective date of the development order shall also result in the forfeiture of said
vested property rights an d 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 sh all cause to be
published in a newspaper of general circulation within the ju risdictional 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 righ t pursuant to this Title. Such notice shall be substantially in
the f ollowing form:
Notic e is hereby given to the general public of the approval of a site specific development pla n,
and the creation of a vested p roperty 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, Co lorad o Rev ised 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, regu latio ns and ordinances or the City of
Aspen provided that such reviews and approvals are not inconsistent with this approval.
Th e approval granted hereby shall be subject to all rights of referendum and judicial review; the
period of time permitte d 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 req uired under Section
26.304.070(A). The rights of referendum shall be limited as set forth in the Colorado
Constitu tion and the Aspen Home Rule Charter.
APPROVED BY THE COMMISSION at its regular meeting on the 2 3rd day of February ,
2022 .
Approved as to Form: Approv ed as to Content:
________________________________ ________________________________
Kath arine Johnson, Assistant City Attorn ey Kara Thompson, Chair
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ATTEST:
________________________________
Mike Sear, Deputy City Clerk