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Home My WebLink Aboutresolution.hpc.03.2026RECEPTION#: 715892, R: $43.00, D: $0.00 DOC CODE: RESOLUTION Pg 1 of 4, 04/09J2026 at 10:54:00 AM Ingrid K. Grueter, Pitkin County, CO RESOLUTION #03 (SERIES OF 2026) A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC) • i 1 1 '' _ '' i 1 �' ' CERTIFICATE FOR THE PROPERTY LOCATED AT 406 W. SMUGGLER ST., LOTS P & Q, BLOCK 33, CITY & TOWNSITE OF ASPEN; &LOTS 16 & 17, BLOCK 33, HALLAM'S ADDITION TO THE CITY & TOWNSITE OF ASPEN PARCEL ID: 2735-124-64-002 WHEREAS, the applicant, Smuggler Mountain Ho1dCo, LLC, 3889 Maple Ave, Ste 500 Dallas, TX 75219, represented by Kim Raymond Architecture + Interiors, has requested HPC approval for a Certificate of Appropriateness for Major Development Final Review and recommendation to Council regarding the establishment of one (1) Transferrable Development Right Certificate for the property located at 406 W. Smuggler St., Lots P & Q, Block 33, City & Townsite of Aspen, & Lots 16 & 17, Block 33, Hallam's Addition to the City & Townsite of Aspen; and WHEREAS, Section 26.415.070 of the Municipal Code states that "no building shall be erected, constructed, enlarged, altered, repaired, relocated or improved designated historic property or district until plan to the Community Development Director and established for their review;" and s or sufficient information have beE i approved in accordance with the or structure involving a n submitted procedures 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 project'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, Community Development Department compliance with applicable review standards; and staff reviewed the application for WHEREAS, at a duly noticed public meeting on February 25, 2026, the HPC considered the application, the staff memo, and public comment, and voted four to zero (4 to 0) to approve the application with conditions; and WHEREAS, the Historic positive recommendation Development Right; and Preservation to Council Commission voted four to regarding the request to zero (4 to 0) to provide a establish one Transferable HPC Resolution #03, Series of 2026 Page 1 of 4 Section 1: Certificate of Appropriateness for Major Development Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Historic Preservation Commission hereby grants the a Certificate of Appropriateness for Major Development Final Review with the following conditions in addition to the conditions noted in HPC Resolution # 11 of Series 2025 : 1. Should historic material proposed to be restored not be salvageable, applicant is to work with Staff and Monitor to determine appropriate replacement materials. 2. Rear deck to be restudied in materiality and elevation for review and approval with staff and monitor. 3. A mockup of the proposed roofing material to be provided on the south facing roof of the resource for review and approval by staff and monitor. Section 2: Transferable Development Right The HPC has provided a positive recommendation to City Council regarding the creation of one (1) Transferable Development Right Certificate equaling 250 square feet. Within the recommendation, the HPC would like to ask Council to add a condition within the deed restriction to prohibit the potential of a future floor area bon us for the property if the request for The subject property is allowed 3,600 square feet of floor area per underlying zoning. The project approval included in this resolution includes a total of 3,177 square feet which leaves 423 square feet remaining. Should the p TDR be severed, the remaining Total Allowable Floor Area er Zonin 3,600 sf Existing Floor Area 1,636 sf Approved Floor Area with li htwell exemption o 434 s uare eet 3,177 sf Remaining Allowable Floor Area 423 sf Remaining Allowable Floor I TDR is severed Area 173 sf Section 3: 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 4: Existing Liti�at_ 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 aided, and the same shall be conducted and concluded under such prior ordinances. s herein prov Section 5: Severabili HPC Resolution #03, Series of 2026 Page 2 of 4 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 6: 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 asite-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: 406 W. Smuggler St. 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 %J 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 25th day of February, 2026. Approved as to Content: HPC Resolution #03, Series of 2026 Page 3 of 4 Luisa Berne, Assistant City Attorney ATTEST: Mike Sear, eputy City C 1 erk Kara Thompson, Chair HPC Resolution #03, Series of 2026 Page 4 of 4