HomeMy WebLinkAbout227EBleeker-0024-2021-BOND
SAMPLE LETTER TO ACCOMPANY PERSONAL CHECK PROVIDED AS FINANCIAL
SECURITY FOR A HISTORIC PRESERVATION PROJECT
Date: _________061421____________ Check Amount: _$30,000___
Bank: ______________________________
To: Attn: Historic Preservation Officer Check Number: ______________________
City of Aspen
130 S. Galena St.
Aspen, CO 81611 Property Owner: _227 East Bleeker LLC__
Subject Property Street Address: ____________________
___227 E Bleeker____
Aspen, CO 81611
Subject Property Legal Address:
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:
______________________________________________________________________________
_______Moving the historic structure.
_____________________________________________________________________________
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: __________________________
JPW- saved: 6/23/2014-281-G:\john\word\agr\HPC-Cashiers-Check.doc
RECEPTION* 672632, R: $18.00, D: $0.00
DOC CODE: RESOLUTION
Pg 1 of 2, 01/1512021 at11:27:36 AM Janice K. Vos
Caudill, Pitkin County, CO RESOLUTION #26, SERIES
OF 2020 A RESOLUTION OF
THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC) GRANTING CONCEPTUAL MAJOR
DEVELOPMENT REVIEW, RELOCATION, SETBACK VARIATIONS AND
A FLOOR AREA BONUS FOR THE PROPERTY LOCATED AT 277
EAST BLEEKER STREET, LOT 2, EAST BLEEKER HISTORIC LOT SPLIT, ACCORDING
TO THE FINAL PLAT THEREOF FILED ON RECORD IN PLAT BOOK 78
AT PAGE 5 AS RECEPTION NO.521939, CITY AND TOWNSITE OF ASPEN, COLORADO PARCEL
ID: 2737-
073-20-014 WHEREAS, the applicant,
227 East Bleeker LLC, represented by Kim Raymond Architects + Interiors, has requested
HPC approval for Conceptual Major Development, Relocation, Setback Variations and a
Floor Area Bonus for the property located at 227 East Bleeker Street, Lot 2, East Bleeker Historic Lot
Split, according to the Final Plat Book 78 at Page 5 as Reception No. 521939, 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 Conceptual
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.3.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, for approval
of Relocation, the application shall meet the requirements of Aspen Municipal Code Section
26.415.090, Relocation; 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, for approval
of Floor Area Bonus, the application shall meet the requirements of Aspen Municipal Code
Section 26.415.110.17, 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
the project on December 9, 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 5-0. HPC Resolution #26,
Series of 2020 Page 1 of
3
NOW, THEREFORE, BE IT RESOLVED:
That HPC hereby approves Conceptual Major Development, Relocation, Setback Variations and
Floor Area Bonus for 227 East Bleeker Street, Lot 2, East Bleeker Historic Lot Split, according to the
Final Plat Book 78 at Page 5 as Reception No. 521939, City and Townsite of Aspen, CO as follows:
Section 1• Conceptual Major Development Relocation Setback Variations and a Floor Area
Bonus.
HPC hereby approves Conceptual Major Development, Relocation, Setback Variations and Floor
Area Bonus as proposed with the following conditions:
1.) Proposed secondary walkway and door is not approved. Investigate the historic framing
for any evidence of historic material and openings. Fenestration changes to be reviewed
and approved by staff and monitor before proceeding.
2.) Provide a reduction plate height for the new addition.
3.) Provide a more detailed storm water mitigation plan following discussion with relevant
City Departments for Final Review. No visible stormwater infrastructure to be seen in the
foreground of the historic resource.
4.) 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.
5.) Work closely with all relevant City Departments to meet all requirements regarding the
transformer, existing utility easement and parking requirements for Final Review.
6.) Lightwell curb heights to be 6" or less in height.
7.) 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.
8.) A 250 sf floor area bonus is granted for the approved design.
9.) The following setback variation for the proposed addition is granted:
a. 3'-3" rear yard setback reduction for the addition above and below grade, as
represented in the approved application
b. 2'-0" front yard setback reduction for the roof feature over the historic window
10.) A development application for a Final Development Plan shall be submitted within one
1) year of the date of approval of a Conceptual Development Plan. Failure to file such an
application within this time period shall render null and void the approval of the
Conceptual Development Plan. The Historic Preservation Commission may, at its sole
discretion and for good cause shown, grant a one-time extension of the expiration date for
a Conceptual Development Plan approval for up to six (6) months provided a written
request for extension is received no less than thirty (30) days prior to the expiration date.
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.
HPC Resolution #26, Series of 2020
Page 2 of 3
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.
APPROVED BY THE COMMISSION at its regular meeting on the 91h day of December,
2020.
Approved as to Form:
Katharine Johns Assistant City Attorney
ATJEST: Pesraham,
Deputy City Clerk Approved
as to Content: Kara "-
AAAhom son, Vice Chair HPC
Resolution #26, Series of 2020 Page
3 of 3
RESOLUTION #06, SERIES OF 2021
A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC)
GRANTING FINAL MAJOR DEVELOPMENT REVIEW FOR THE PROPERTY
LOCATED AT 227 EAST BLEEKER STREET, LOT 2, EAST BLEEKER HISTORIC
LOT SPLIT, ACCORDING TO THE FINAL PLAT THEREOF FILED ON RECORD IN
PLAT BOOK 78 AT PAGE 5 AS RECEPTION NO. 521939, CITY AND TOWNSITE OF
ASPEN, COLORADO
PARCEL ID: 2737-073-20-014
WHEREAS, the applicant, 227 East Bleeker LLC, represented by Kim Raymond Architects +
Interiors, has requested HPC approval for Final Major Development for the property located at
227 East Bleeker Street, Lot 2, East Bleeker Historic Lot Split, according to the Final Plat Book 78
at Page 5 as Reception No. 521939, 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 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 recommends approval with conditions; and
WHEREAS, HPC reviewed the project on February 24, 2021 and March 10, 2021. 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 227 East Bleeker Street, Lot 2, East Bleeker
Historic Lot Split, according to the Final Plat Book 78 at Page 5 as Reception No. 521939, 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.) As required in the Conceptual approval, Resolution #26, Series of 2020, investigate the
historic framing for any evidence of historic material and openings. Fenestration changes to
be reviewed and approved by staff and monitor before proceeding.
111111111IIII IIII111111IIIII IIIII IIIII I111111III IIIII IIIII IIIII III111111IIII HPC Resolution #06, Series of 2021
RECEPTION#: 674650, R: $23.00, D: $0.00 Pagel of 3
DOC CODE: RESOLUTION
Pg 1 of 3, 03/18/2021 at 03:24:47 PM
Janice K. Vos Caudill, Pitkin County, CO
2.) As required in the Conceptual approval, Resolution #26, Series of 2020, 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.
3.) As required in the Conceptual approval, Resolution #26, Series of 2020, lightwell curb
heights and other similar features to be 6" or less in height.
4.) As approved during Conceptual approval, Resolution #26, Series of 2020, the following
setback variations for the addition are granted:
a. 3'-3" rear yard setback reduction for the addition above and below grade, as
represented in the approved application
b. 2'-0" front yard setback reduction for the roof feature over the historic window
5.) As approved during Conceptual approval, Resolution #26, Series of 2020, a 250 s.f. floor
area bonus is granted for this proposal.
6.) The proposed stormwater mitigation plan is not approved. Finalize stormwater mitigation
plan with all relevant City Departments and maintain a solution that does not create a visual
impact to the foreground of the historic resource. Final plan to be reviewed and approved
by staff and monitor prior to building permit submission.
7.) Review and approve the fire department connection (FDC) hook-up and strobe for visual
impact, to be approved by staff and monitor.
8.) All restoration details for the historic resource, including but not limited to the foundation
and chimneys, must reviewed and approved by staff and monitor.
9.) 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. Relocation shall
be performed by contractors who specialize in moving historic structures.
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,
HPC Resolution #06, Series of 2021
Page 2 of 3
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: 227 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
26.304.070(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 10`h day of March, 2021.
Approved as to Form:
Katharine John ,Assistant City Attorney
ATTEST:
f
J
Wes Graham, Deputy City Clerk
Approved as to Content:
Kara Thompson, Vice Chai
HPC Resolution #06, Series of 2021
Page 3 of 3
DEVELOPMENT ORDER
of the
City of Aspen
Community Development Department
This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.080,
"Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal
Code. This Order allows development of a site -specific development plan pursuant to the provisions of the
land use approvals, described herein. The effective date of this Order shall also be the initiation date of a
three-year vested property right. The vested property right shall expire on the day after the third anniversary
of the effective date of this Order, unless a building permit application submittal is accepted and deemed
complete by the Chief Building Official, pursuant to Section 26.304.090, or unless an exemption, extension,
reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration
of vested property rights, this Order shall remain in full force and effect, excluding any growth management
allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use
Code adopted since the effective date of this Order.
This Development Order is associated with the property noted below for the site specific development plan
as described below.
227 East Bleeker LLC, 312 Aspen AiWort Business Center, Suite D, Aspen, CO 81611.
Property Owner's Name, Mailing Address
227 E. Bleeker Sheet, Legally described as Lot 2, East Bleeker Historic Lot Split, according to the Final
Plat thereof filed on record in Plat Book 78 at Page 5 as Reception No. 521939, City and Townsite of
Aspen, Colorado. PID# 2737-073-20-014.
Legal Description and Street Address of Subject Property
The Historic Preservation Commission (HPC) granted Filial Major Development to restore and relocate
the historic home on a new basement, and to construct a new addition. Setback variations and a floor area
bonus was granted to the project.
Written Description of the Site Specific Plan and/or Attachment Describing Plan
The Historic Preservation Commission (HPC) approval was granted on March I Oth, 2021 through HPC
Resolution 406, Series of 2021.
Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions)
March 25, 2021
Effective Date of Development Order (Same as date ofpublication of notice of approval)
March 25, 2024
Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and
revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal
Code)
Issued this 19`h day of March, 2021, by the City of Aspen Community Development Director.
Development