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HomeMy WebLinkAboutresolution.hpc.12.2025RECEPTION#: 714608, R: $43.009 D: $0.00 DO 0 CODE: RESOLUTION Pg 1 of 4, 02/02/2026 at 12:06:28 PM Ingrid K. Grueter, Pitkin County, CO RESOLUTION # 129 (SERIES OF 2025) A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC) 11i11• HISTORIC LANDMARK / ASPEN,' PARCEL ID: 2735-121-35-002 WHEF�EAS, the applicant, Aspen West AJ, LLC, represented by Sara Adams, BendonAdams LLC, has requested HPC approval for Certificate of Appropriateness Major Development, Final Review and a Permitted Use Variance for the property located at 337 Lake Avenue, Lot B, Daggs Historic Landmark Lot Split, Aspen, Pitkin County, Colorado; and WHEF�EAS, 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 approval of a Certificate of Appropriateness for Major Development, the HPC must review the application, a staff analysis report and the evidence presented at a hearing to determine the proj ect's conformance with the City of Aspen Historic Preservation Design Guidelines per Section 26.415.070(d) 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, this property is subject to Residential Desi plans comply; and gn Standards, of which the conceptual WHEREAS, Community Development Department staff reviewed the appli with the applicable review standards and recommended approval Appropriateness for Major Development Final Review; and cation for compliance of a Certificate of WHEREAS, Community Development Department staff reviewed the Permitted Use Variance request with the applicable review criteria and recommended approval; and WHEREAS, the HPC reviewed the project on October 22, 2025. The HPC considered the application, the staff memo and public comments, and found the proposal consistent with the review standards and granted approval by a vote of seven to zero (71111111110). W, THEREFORE, BE IT RESOLVED: NO That HPC hereby approves a Certificate of Appropriateness for Major Development Final Review and a Permitted Use Variance for 337 Lake Avenue, Lot B, Daggs Historic Landmark Lot Split, Aspen, Pitkin County, Colorado as follows: HPC Resolution # 12, Series of 2025 Page 1 of 4 Section 1: Conditions of royal 1. A Construction Staging Plan for 337 Lake Ave. shall be approved as part of the building permit for the redevelopment of 335 Lake Ave. 2. No activity or disturbance of any kind shall extend beyond the limits of the building envelope and an agreed upon vehicular access path from N. 3' Street to the building envelope. 3. Vehicular access to the building envelope will be determined at a site visit with the Parks Department to ensure access has the most minimal impact on the site. Vehicular access shall not exceed 15' in width. The extents of vehicular access boundaries and the building envelope shall be shown on all Construction Staging documents included in the building permit review. 4. Construction staging is permitted on 337 Lake Ave. as long as a valid permit is in effect for 335 Lake Ave. 5. The City of Aspen Parks, Community Development, and Engineering Departments must inspect and approve the restoration of 337 Lake Ave. prior to issuance of a Certificate of Occupancy for 335 Lake Ave. Restoration and use of 337 Lake Ave. for construction staging conditions are outlined below. Section 2: En�ineerin� Department All activity on 337 Lake Ave. must comply with Title 21 of the City of Aspen Municipal Code, and all adopted regulations of the City of Aspen Engineering Department. The following conditions shall be met prior to issuance of a building permit for any permits for 335 or 337 Lake Ave.: l . Construction Management Plan: The Applicant shall submit a CMP to the Engineering Department that includes all activity on 335 and 337 Lake Ave. The CMP shall be approved prior to building permit issuance. 2. Revegetation Plan: An approved revegetation plan shall be approved by the Parks Department for 337 Lake Ave. prior to building permit issuance. 3. Erosion Control Plan: An erosion and sediment control plan must be included in the CMP for both properties. 4. Drama fe: The site drainage shall comply with all rules and regulations as deemed necessary by the Engineering Department. Section 3: Parks De Ant All activity on 337 Lake Ave. must comply with all adopted regulations of the City of Aspen Parks Department. The following conditions shall be met p�io� to issuance of a building permit for any permits for 335 or 337 Lake Ave.: 1. A site visit is required with the City of Aspen Parks Department and Applicant prior to building permit issuance to discuss all anticipated activity on 337 Lake Ave. 2. Reve retation Plan: An approved revegetation plan shall be approved by the Parks Department for 337 Lake Ave. prior to building permit issuance. 3. Tree Protection Plan: A tree protection plan and any required tree removal permits must be approved prior to building permit issuance. 4. No activity or storage of material is allowed within the Tree Protection Fencing. 5. The Parks Department and Applicant shall meet on -site prior to building permit issuance to determine the most appropriate vehicular access to the approved Building Envelope. The vehicular access path shall not exceed 15' in width. The vehicular access path and extents of the building envelope shall be depicted on all Construction Staging Plan documents. Section 4: Material Representations HPC Resolution #12, Serles of 2025 Page 2 of 4 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 ied with as if fully set forth herein, unless amended by other specific conditions or shall be compl an authorized authority. Section 5: 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 6: Severabili 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. Section 7: Vested Rights The development approvals granted herein shall constitute asite-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: 337 Lake Ave. 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 HPC Resolution # 12, Series of 2025 Page 3 of 4 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 22"d day of October 20250 Approved as to Form: uisa Berne, Assistant City Attorney ATTEST: Mike ear, �ep`uty City Clerk Approved as to Content: HPC Resolution # 12, Series of 2025 Page 4 of 4