HomeMy WebLinkAbout202EMain_Draft_Resolution_08.28.19HPC Resolution #___, Series of 2019
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RESOLUTION #__, SERIES OF 2019
A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC)
GRANTING CONCEPTUAL MAJOR DEVELOPMENT REVIEW, RELOCATION, SETBACK
VARIATIONS, PARKING REDUCTION, FEE WAIVERS, AND FLOOR AREA BONUS FOR
THE PROPERTY LOCATED AT 202 EAST MAIN STREET, LOT 1, MAIN STREET
VICTORIANS HISTORIC LANDMARK LOT SPLIT SUBDIVISION EXEMPTION,
ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 9, 2012 IN PLAT BOOK
100 AT PAGE 92, CITY AND TOWNSITE OF ASPEN, COLORADO
PARCEL ID: 2737-073-99-001
WHEREAS, the applicant, Rocking Lazy J Properties, LLC, represented by Jake Vickery, has
requested HPC approval for Major Development, Relocation, Setback Variations, Parking
Reduction, Fee Waivers, and Floor Area Bonus for the property located at 202 East Main
Street, Lot 1, Main Street Victorians Historic Landmark Lot Split Subdivision Exemption
According to the Plat thereof recorded November 9, 2012 in Plat Book 100 at Page 92, 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
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.C, Relocation of a Designated Property; and
WHEREAS, for approval of Setback Variation, the application shall meet the requirements of
Aspen Municipal Code Section 26.415.110.C, Setback Variations; and
WHEREAS, for approval of Parking reduction and waivers of payment of payment-in-lieu, the
application shall meet the requirements of Aspen Municipal Code Section 26.415.110.D,
Parking; and
WHEREAS, for approval of Floor Area Bonus, the application shall meet the requirements of
Aspen Municipal Code Section 26.415.110.F, Floor Area Bonus; and
HPC Resolution #___, Series of 2019
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WHEREAS, Community Development Department staff reviewed the application for
compliance with the applicable review standards and recommended continuation for restudy;
and
WHEREAS, HPC reviewed the project on August 28, 2019. 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:
That HPC hereby approves Conceptual Major Development, Relocation, Setback Variations,
Parking Reduction, Fee Waivers, and Floor Area Bonus for 202 E. Main Street, Lot 1, Main Street
Victorians Historic Landmark Lot Split Subdivision Exemption, according to the Plat thereof
recorded November 9, 2012 in Plat Book 100 at Page 92, City and Townsite of Aspen, CO as
follows:
Section 1: Conceptual Major Development Review, Relocation, Setback Variations, Parking
Reduction, Fee Waivers, and Floor Area Bonus.
HPC hereby approves Conceptual Major Development, Relocation, and Setback Variations as
proposed with the with the following conditions:
1.) Provide preliminary plans for drainage and stormwater mitigation for review at the
time of Final review.
2.) Provide a detailed preservation plan with supporting historic documents for review at
Final review.
3.) Clarify scope of work related to tree removal and development in the dripline of trees
with all relevant City Departments prior to Building Permit submission.
4.) Provide necessary agreements from neighboring properties for site excavation
stabilization prior to submission of Building permit.
5.) Provide details of the relocation plan, outlined by a structural engineer and
housemover, at Final. The applicant will be required to provide a financial security of
$30,000 until the house is set on the new foundation.
6.) The following variations are accepted:
• 2’ setback west sideyard setback reduction for new addition.
• 2’ setback east sideyard setback reduction for new addition.
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
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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 ____________, 2019.
Approved as to Form: Approved as to Content:
_________________________________________________________________ _________________________________________________________
Andrea Bryan, Assistant City Attorney Bob Blaich, Vice Chair
ATTEST:
_________________________________________________________________
Nicole Henning, Deputy City Clerk