HomeMy WebLinkAboutExhibit B HPC Memo.413 E Main St
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427 Rio Grande Place, Aspen, CO 81611-1975 | P: 970.920.5197 | aspen.gov
MEMORANDUM
TO: Aspen Historic Preservation Commission
FROM: Amy Simon, Planning Director
MEETING DATE: November 16, 2022
RE: 413 E. Main Street – Minor Development Review and Commercial Design
Review, PUBLIC HEARING
APPLICANT /OWNER:
Kate Lu, Jing Aspen
REPRESENTATIVE:
Gavin Merlino, Kuullastudio
LOCATION:
Street Address:
413 E. Main Street
Legal Description:
Lots A, B, C, and D, Block 87,
City and Townsite of Aspen,
Colorado
Parcel Identification Number:
PID# 2737-073-30-002
CURRENT ZONING & USE
CC (Commercial Core);
Commercial
PROPOSED ZONING & USE:
No change
SUMMARY:
The applicant requests Minor Development and Commercial Design
Review approval to construct a porch roof over their outdoor dining
area.
STAFF RECOMMENDATION:
Staff recommends the Historic Preservation Commission approve
the request, but require a reduction in the porch footprint.
Site Locator Map – 413 E. Main Street
413
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427 Rio Grande Place, Aspen, CO 81611-1975 | P: 970.920.5197 | aspen.gov
BACKGROUND:
413 E. Main Street is located n the Commercial Core (CC)
Historic District. The lot is a designated historic landmark
that contains a Victorian era commercial structure at the
corner of Main Street and South Mill Street, and non-
historic infill development. The Jing Aspen restaurant
occupies the ground floor of the non-historic structure
with an entrance facing Main Street. As a landmarked
property in the Commercial Core (CC) Historic District,
any exterior alterations that may change the character of
the structure are subject to design review by the Historic
Preservation Commission to ensure compliance with all
applicable design guidelines and standards.
REQUEST OF HISTORIC PRESERVATION COMMISSION (HPC)
The Applicant is requesting the following land use approvals:
• Minor Development (Section 26.415.070.C) to make limited exterior changes to a structure on a
landmarked parcel.
• Commercial Design Guidelines (Section 26.412) to make exterior changes to a commercial
property in the Commercial Core Historic District.
The Historic Preservation Commission is the final review authority; however, Commercial Design Review
is subject to Notice of Call-up by City Council.
PROJECT SUMMARY:
The applicant proposes to construct a porch over their outdoor dining area. HPC recently approved a
separate application to change windows on the restaurant into doors that will provide direct access from
the restaurant interior to the exterior area to be covered.
The subject site is a large 12,000 square foot parcel that stretches from Aquolina to Mi Chola along Main
Street. The open area along this frontage is required Pedestrian Amenity space, which must be open to
the sky, with exceptions. One exception is that a restaurant may place a trellis over outdoor dining, as
seen at the adjacent restaurant, Mi Chola. Another exception is that HPC may approve a porch with a
solid roof when design guidelines are found to be met. This is the proposal being made by Jing.
If HPC approves this application, the applicant will pursue a review before City Council on November 29th
to propose seasonal panels installed between the porch posts to allow comfortable seasonal winter dining.
This is a Temporary Use review by Council whereby they may allow tents or temporary structures to be
installed for specific periods of time, to be reconsidered on an annual basis. This allowance has existed
in the land use code for many years and was often employed in the past by restaurants during limited
holiday weeks in winter. Through an emergency ordinance at the height of COVID, Council allowed these
types of structures for a longer period of time to provide separation between diners. That ordinance has
expired and Council is now in the process of reviewing a number of requests similar to Jing’s, for longer
installations than have generally occurred in the past. Pro-rated affordable housing mitigation is required
for any approvals that are granted, and topics Council is likely to discuss are the impacts of increased
dining service on the housing crisis, energy efficiency, and visual impact. HPC does not have a role in that
review because the development is impermanent.
413 E. Main Street
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427 Rio Grande Place, Aspen, CO 81611-1975 | P: 970.920.5197 | aspen.gov
STAFF COMMENTS:
The applicable guidelines for construction on a landmarked property in the historic district are addressed
in Exhibit A.
Currently, the outdoor area has a number of features to support dining, such as an awning and planters.
Some of the planters are past the property line, which will need to be fully removed by this project, unless
an encroachment permit is allowed by Engineering.
HPC is to review the design of the porch, not the proposed infill panels. Staff finds this proposal has no
direct effect on the Victorian era structure at the corner, and that the porch meets guidelines that suggest
that where open area fronts the sidewalk in the Commercial Core, defining the property edge is appropriate.
Awnings and similar first story features are traditional in the Commercial Core and provide pedestrian
scale.
That said, staff finds that the porch should be limited to the outdoor dining area itself, and not stretch to
cover the front entry to the restaurant. As designed, the structure is quite substantial and in combination
with the trellis at Mi Chola, almost fully covers the Pedestrian Amenity area. A permanent addition to the
building could be appropriate in this area, but staff finds that large porch, which could at times be made
solid with panels that do not match the traditional materiality or design of buildings in the historic district,
does not meet the design guidelines.
Staff recommends the project be approved if limited in footprint to approximately the size shown in red
below.
RECOMMENDATION:
Staff recommends the Historic Preservation Commission (HPC) approve this application subject to revised
drawings of the reduced porch to be approved by staff and monitor prior to building permit submittal. In
addition to that condition, the City Engineering Department has provided language in the resolution
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427 Rio Grande Place, Aspen, CO 81611-1975 | P: 970.920.5197 | aspen.gov
indicating that planters that the applicant may wish to place along the edge of the porch and in the public
right-of-way will require approval by Engineering and must not infringe on an 8’ clear sidewalk path.
ATTACHMENTS:
Resolution #____, Series of 2022
Exhibit A – Historic Preservation Guidelines & Commercial Design Guidelines / Staff Findings
Exhibit B – Application