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HomeMy WebLinkAboutDraft Resolution.423 N Second StHPC Resolution #__, Series of 2021 Page 1 of 3 RESOLUTION #__, 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 432 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 __ to __. NOW, THEREFORE, BE IT RESOLVED: Section 1: Approvals 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. HPC Resolution #__, Series of 2021 Page 2 of 3 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 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 #__, Series of 2021 Page 3 of 3 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, 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: 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 10th day of March, 2021. Approved as to Form: Approved as to Content: __________________ __________________________________ Katharine Johnson, Assistant City Attorney Kara Thompson, Chair ATTEST: _____________________________ Wes Graham, Deputy City Clerk