HomeMy WebLinkAboutresolution.hpc.007.2021RESOLUTION #7, SERIES OF 2021
A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION
GRANTING FINAL MAJOR DEVELOPMENT APPROVAL FOR THE PROPERTY
LOCATED AT 423 N. SECOND STREET, LOTS F, G, H AND I, BLOCK 41, CITY AND
TOWNSITE OF ASPEN
PARCEL ID: 2735-124-14-003
WHEREAS, the applicant, Smuggler FB3, LLC, P.O. Box 2097, Naples, FL 34102, represented
by Bill Guth and Ro Rocket Design, has requested HPC approval for Final Major Development
for the property located at 423 N. Second Street, Lots F and G, H and I, Block 41, City and
Townsite of Aspen; 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 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, Amy Simon, Planning Director, recommended approval with conditions; and
WHEREAS, upon review of the staff analysis report, the application, evidence presented at the
hearing, and public comments, HPC may approve, disapprove, approve with conditions or
continue the application to obtain additional information necessary to make a decision. At their
hearing on March 10, 2021, HPC found the application to be consistent with the review
standards and granted approval with conditions by a vote of 5 to 0.
NOW, THEREFORE, BE IT RESOLVED:
Section 1: Aunrovals
HPC hereby grants Final Major Development approval for 423 N. Second Street with the following
conditions:
1. Per the Conceptual approval, arear yard setback variation is granted to allow the structure to
sit within 5' of the rear lot line, above and below grade.
2. Per the Conceptual approval, as part of the approval to relocate the historic house on the site,
the applicant will be required to provide a financial security of $30,000 until the house is set
on the new foundation. The financial security is to be provided with the building permit
application, along with a detailed description of the house relocation approach.
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RECEPTION#: 674649, R: $23.00, D: $0.00
DOC CODE: RESOLUTION
P9 1 of 3, 03/18/2021 at 03:23:09 PM
Janice K. Vos Caudill, Pitkin County, CO
HPC Resolution #7, Series of 2021
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3. The landscape plan to be finalized with staff and monitor with regard to removing
plantings from right-of-way, reducing trees and shrubs adjacent to resource, reducing
width of the front walk, removing the "sitting terrace" on the east patio,
removing/relocating the built-in firepits, fountains and bbq in the yards between the
street -facing lot lines and structure, and ensuring that the generator and transformer are
meeting setback allowances and the requirements of the Utilities Department.
4. A preservation plan must be submitted and at least preliminarily approved by staff and
monitor prior to permit submittal. Additional evidence will be reviewed during
construction to ensure that guidelines addressing rehabilitation Chapters 2 through 6, are
met. All historic windows on the Victorian will be required to be preserved. New
windows will only be allowed where they existing historically based on available
documentation, and these windows must be wood as well. Shop drawings for the
windows, the replica front door, and the reconstructed porch will all require review.
5. The applicant is to submit detailed and accurate plans showing all exterior vents and
flues. On the historic resource, these are to be located discretely, minimized and
colocated on the roof where possible. Venting through the addition, through the
foundation, in lightwells, or other sympathetic locations are all encouraged by the
guidelines. Although the original chimney is no longer in place, reconstruction may
provide an opportunity to screen some venting. It will also be necessary to specify the
location and design of any snow clips and gutters needed on the historic resource.
6. Restudy porch lighting for review by staff and monitor. The applicant must verify that
backlit features, such as keypads, cameras and other modern elements will be limited on
the historic house. The FDC is to be sensitively located and the strobe is to be a white
casing.
7. Per Parks and Engineering, based on referral comments, prior to, or as part of permit
review, the applicant is to confirm location of utilities and resolve any tree conflicts. At
building permit the project needs to show there is conveyance for runoff from roadway
and a compliant stabilization plan needs to be put in place to account for the micropiles
close to the locations of preserved trees.
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
HPC Resolution #7, Series of 2021
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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. HovYever,
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 on 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 jurisdict'ional 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 % Colorado Revised Statutes,
pertaining to the following described property: 423 N. Second 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 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 1 Oth day of March, 2021.
Approved as to Form:
Katharine John , Assistant City Attorney
ATTEST:
es Graham, Deputy City Clerk
A p ved as t ontent:
ara Thompson, Chair
HPC Resolution #7, Series of 2021
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