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Home My WebLink AboutDraft HPC Resolution.XX-2020.125 W Main StHPC Resolution #__, Series of 2020 Page 1 of 3 RESOLUTION #__, SERIES OF 2020 A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION GRANTING MINOR DEVELOPMENT, RELOCATION, SETBACK VARIATIONS AND A FLOOR AREA BONUS FOR THE PROPERTY LOCATED AT 125 W. MAIN STREET, LOT 1, HISTORIC LANDMARK LOT SPLIT of 125 W. MAIN STREET, CITY AND TOWNSITE OF ASPEN, COLORADO PARCEL ID: 2737-073-92-007 WHEREAS, the applicant, the Ralli Dimitrius Trust, represented by Willis Pember Architects, has requested Minor Development, Relocation, Setback Variations and a Floor Area Bonus for 125 W. Main Street, Lot 1, Historic Landmark Lot Split of 125 W. Main Street, City and Townsite of Aspen, Colorado; and WHEREAS, the review is subject to the Municipal Code in place at the time of application completeness on January 24, 2020; and WHEREAS, HPC held a public hearing on the project on March 11, 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 __ to __. NOW, THEREFORE, BE IT RESOLVED: Section 1: Minor Development Review HPC hereby approves the application with the following conditions: 1. A financial security of $30,000 will be required to be provided to the City until the basement construction is completed. 2. The following variations are approved: • The development is permitted to be 0.7’ from the west property line • The development is permitted to be 3’ from the east property line. In addition, a new lightwell on the east side of the house is approved to be located in the east setback as designed. • The development is permitted a floor area bonus of 135 square feet pending clarification of the extent of restoration work. The bonus will be forfeited if the property is converted to commercial use in the future and an addition is proposed. 3. The applicant must schedule an inspection of historic framing with staff during construction and adjustment to the plans for windows GA and JA must be made if appropriate, consistent with guidelines 3.2, 3.3 and 3.5. 4. The applicant must schedule an inspection of historic framing with staff during construction and adjustment to the plans for door 104 must be made if appropriate, consistent with guideline 4.1. A window may be more appropriate in this location. HPC Resolution #__, Series of 2020 Page 2 of 3 5. The following must be provided to staff by Tuesday, March 10th at noon, for HPC evaluation prior to the hearing: • A detail of the proposed new handrail on the front porch. The existing rail is not historic and a rail is required by code. The application indicates the new rail will only be on one side and will be metal. Staff supports the idea of a simple design, but wood would be more appropriate per guideline 5.6. • All exterior vents and flues must be identified in the plans. Some are included in the application, so this is a request to clarify whether more are anticipated. The proposal must meet guideline 7.4. • Regarding the roof of the home, staff finds that the historic resource should have a wood shingle roof, per guideline 7.8, to earn the floor area bonus. The design and materiality of the gutters and downspouts, flashing and snow clips must be clarified. Painted or galvanized metal is preferred. Gutters should ideally be half round, in keeping with the period of the home. • The lighting plan indicates a sconce at the front door, plus can lights in the soffit of the porch. Typically, per guideline 12.3, one or the other lighting source is permitted. Utilizing both creates an intensity of lighting that is out of character with a Victorian. 6. 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: 125 W. Main 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 HPC Resolution #__, Series of 2020 Page 3 of 3 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. 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. APPROVED BY THE COMMISSION at its regular meeting on the _____ day of ______________, 2020. Approved as to Form: Approved as to Content: _________________________________________________________________ _________________________________________________________ Andrea Bryan, Assistant City Attorney Gretchen Greenwood, Chair ATTEST: _________________________________________________________________ Wes Graham, Deputy City Clerk