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RESOUUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION
RECOMMENDING APPROVAL OF AN APPLICATION FOR A HISTORIC
LANDMARK LOT SPLIT AND VARIANCES FOR THE PROPERTY LOCATED
AT 121 N. FIFTH STREET, LOTS G, H, AND I, BLOCK 24, CITY AND
TOWNSITE OF ASPEN, ASPEN, COLORADO
RESOLUTION NO.~__~, SERIES OF 1999
WHEREAS, the applicant, Small and Large Fries, represented by Mary Holly, has
requested a Historic Landmark Lot Split and variances for the property located at 121 N.
Fifth Street, Lots G, H, and I, Block 24, City and Townsite of Aspen. The property is a
designated historic landmark; and
WHEREAS, all applications for a Historic Landmark Lot Split shall meet all of the
following Development Review Standards of Section 26.88.030(A)(2) and (5), Section
26.100.050(A)(2)(e), and Section 26.72.010(G) in order for HPC to grant approval,
namely:
Section 26.88.030(A)(2), Subdivision Exemptions, Lot Split. The split of a lot for the
purpose of the development of one detached single-family dwelling on a lot formed by a
lot split granted subsequent to November 14, 1977, where all of the following conditions
are met.
a. The land is not located in a subdivision approved by either the Pitkin
County Board of County Commissioners or the city council, or the land is
described as a metes and bounds parcel which has not been subdivided after the
adoption of subdivision regulations by the City of Aspen on March 24, 1969; and
No more than two (2) lots are created by the lot split, both lots conform to
the requirements of the underlying zone district. Any lot for which
development is proposed will mitigate for affordable housing pursuant to
Section 26.100.040(A)(1)(c).
c. The lot under consideration, or any part thereof, was not previously the
subject of a subdivision exemption under the provisions of this chapter or a "lot
split" exemption pursuant to Section 26.100.040(C)(1)(a); and
d. A subdivision plat which meets the terms of this chapter, and conforms to
the requirements of this title, is submitted and recorded in the office of the Pitkin
County clerk and recorder after approval, indicating that no further subdivision
may be granted for these lots nor will additional units be built without receipt of
applicable approvals pursuant to this chapter and growth management allocation
pursuant to Chapter 26.100.
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e. Recordation. The subdivision exemption agreement and plat shall be
recorded in the office of the Pitkin County clerk and recorder. Failure on the part
of the applicant to record the plat within one hundred eighty (180) days following
approval by the City Council shall render the plat invalid and reconsideration of
the plat by the City Council will be required for a showing of good cause.
In the case where an existing single-family dwelling occupies a site which
is eligible for a lot split, the dwelling need not be demolished prior to application
for a lot split.
g. Maximum potential buildout for the two (2) parcels created by a lot split
shall not exceed three (3) units, which may be composed of a duplex and a single-
family home; and
Section 26.88.030(A)(5), Historic Landmark Lot Split. The following standards must
be met:
a. The original parcel shall be a minimum of 9,000 square feet in size and be
located in the R-6 zone district or a minimum of 13,000 square feet and be located
in the R-15A zone district.
b. The total FAR for both residences shall not exceed the floor area allowed
for a duplex on the original parcel. The total FAR for each lot shall be noted on
the Subdivision Exemption Plat.
c. The proposed development meets all dimensional requirements of the
underlying zone district. HPC variances and bonuses are only permitted on the
parcel that contains a historic structure; and
Section 26.100.050(A)(2)(c), GMQS Exemption by the Community Development
Director, Historic Landmark Lot Split. The construction of a new single-family
dwelling on a lot created through a Historic Landmark Lot Split pursuant to section
26.88.030(A)(5) shall be exempted from residential Growth Management allocations and
shall not be deducted from the pool of annual development allotments or from the metro
area development ceilings; and
Section 26.72.010(G), Historic Landmark Lot Split. The development of all lots
created pursuant to section 26.88.030(A)(5) shall be reviewed by HPC at a public
hearing; and
WHEREAS, all applications for variances shall meet the following Development Review
Standard of Section 26.72.010(D):
1. Standard: The proposed development is compatible in'general design, massing and
volume, scale and site plan with designated historic structures located on the parcel and
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with development on adjacent parcels when the subject site is in a "H," Historic Overlay
District or is adjacent to an Historic Landmark. For Historic Landmarks where proposed
development would extend into front yard, side yard and rear yard setbacks, extend into the
minimum distance between buildings on the lot or exceed the allowed floor area by up to
five hundred (500) square feet or the allowed site coverage by up to five (5) percent, HPC
may grant such variances after making a finding that such variation is more compatible in
character with the historic landmark and the neighborhood, than would be development in
accord with dimensional requirements. In no event shall variations pursuant to this section
exceed those variations allowed under the Cottage Infill Program for detached accessory
dwelling units pursuant to Section 26.40.090(B)(2).
The floor area bonus will only be awarded to projects which make an outstanding
preservation effort, for instance by retaining historic outbuildings or by creating
breezeway or connector elements between the historic resource and new construction.
Lots which are larger than 9,000 square feet and properties which receive approval for a
Historic Landmark Lot Split may also be appropriate recipients of the bonus. No
development application which includes a request for an FAR bonus may be submitted
until the applicant has met with HPC in a workshop format to discuss the proposal, prior
to design; and
WHEREAS, Amy Guthrie, in her staff report dated June 23, 1999, performed an analysis
of the application based on the standards, found favorably for the application, and
recommended approval with conditions; and
WHEREAS, a public heating, which was legally noticed, was held at a regular meeting
of the Historic Preservation Commission on June 9, 1999, and June 23, 1999, at which
time the HPC considered the application, found the application to meet the standards, and
approved the application with conditions by a vote of 6 to 1.
NOW, THEREFORE, BE IT RESOLVED: That HPC recommends Council approve
the Historic Landmark Lot Split for 121 N. Fifth Street with the following conditions:
A subdivision plat and subdivision exemption agreement shall be reviewed and
approved by the Community Development and Engineering Departments and
recorded in the office of the Pitkin County clerk and recorder within one hundred
eighty (180) days of final approval by City Council. Failure to record the plat and
subdivision exemption agreement within the specified time limit shall render the
plat invalid and reconsideration of the plat by City Council will be required for a
showing of good cause. As a minimum, the subdivision plat shall:
a. Meet the requirements of Section 26.88.040(D)(2)(a) of the Aspen Municipal
Code;
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Contain a plat note stating that development of Lot B shall be required to
mitigate for affordable housing pursuant to Section 26.100.050(A)(2)(c) of the
Municipal Code;
Contain a plat note stating that the lots contained therein shall be prohibited
from applying for further subdivision and any development of the lots will
comply with the applicable provisions of the Land Use Code in effect at the
time of application;
The two lots created by this lot split shall have a total allowable base FAR, on
both lots combined, equal to 4,580 square feet of floor area prior to
consideration of potentially applicable lot area reductions (i.e., slopes, access
easements, etc.). The applicant shall verify with the City Zoning Officer the
total allowable FAR on each lot, taking into account any and all applicable lot
area reductions. The property shall be subdivided into two parcels, Lots A
and B, each 4,500 square feet in size. Provided it is found by the Zoning
Officer that no lot area reductions are required, the maximum allowable FAR
on Lot A will be 2,289 s.f. (including a 500 square foot floor area bonus) and
2,241 square feet of floor area on Lot B. The information verified by the City
Zoning Officer shall be included on the plat, as a plat note;
Contain a plat note stating that all new development on the lots will conform
to the dimensional requirements of the R-6 zone district, except the variances
approved by the HPC.
That Lots A and B are designated historic landmarks and must receive HPC
approval for all development in accordance with Section 26.72 of the
Municipal Code, as well at Section 26.58, the "Residential Design Standards."
As a minimum, the subdivision exemption agreement shall include the elements
outlined in Section 26.88.050 of the Aspen Municipal Code, and shall meet the
recording and timing requirements described in Section 26.88.030(A)(2)(e).
Prior to issuance of a Certificate of Occupancy on either lot, the applicant shall
sign a sidewalk, curb and gutter construction agreement (if applicable) and pay
the applicable recording fees.
4. All material representations made by the applicant in this application and during
public hearings with the HPC and City Council shall be adhered to and shall be
considered conditions of approval, unless otherwise amended by HPC or City
Council.
5. That the construction of a new single-family dwelling on Lot B created through
this Historic Landmark Lot Split pursuant to section 26.88.030(A)(5) shall be
exempted by the Community Development Director from residential Growth
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Management allocations and shall not be deducted from the pool of annual
development allotments or from the metro area development ceilings, in
accordance with Section 26.100.050(A)(2)(e).
6. The schematic design shown on the site plan presented to HPC is in no way
approved or endorsed by the HPC.
All information in regard to possible future development on the parcel shall be
removed from the site plan prior to review of the historic lot split by City Council.
Only the existing structures, proposed lot lines, and existing vegetation shall be
represented.
In addition, HPC hereby approves a 2.3' west sideyard setback variance and a 0.3'
combined sideyard setback variance for Lot A, and recommends the Board of Adjustment
approve variances needed to avoid the large tree in the southwest comer of Lot B; and
moves to continue the public heating regarding Conceptual and Partial Demolition review
for development on the property to July 14, 1999.
APPROVED BY THE COMMISSION at its regular meeting on the 23~ day of
June, 1999.
Approved as to Form:
Attorney
HI~OMMISSION~
S ~n .t.,-~ .....
uza na~,R~id, Chair
ATTEST: