HomeMy WebLinkAboutresolution.hpc.037-2000 A RESOLUTION OF THE HISTORIC PRESERVATION COMMISSION ACTING
AS THE DESIGN REVIEW APPEAL COMMITTEE APPROVING A VARIANCE
OF THE FENCE RESIDENTIAL DESIGN STANDARD FOR A PARCEL LOCATED
AT 232 EAST HALLAM, CITY OF ASPEN, COLORADO.
Parcel ID # 2737---073-14-050
Resolution No. 37, Series of 2000
WHEREAS the applicant, Linda M. Pace, represented by Mt. Daly Enterprises LLC, has
requested variances from the fence Residential Design Standards for a 6-foot fence forward of
the front facade of a house, and a berm in the front yard setback, Land Use Code Section
26.410.040(A)(3), for the property located at 232 East Hallam; and,
WHEREAS all applications for appeal from the Residential Design Standards of Section
26.410.040 must meet one of the following criteria in order for the Design Review Appeal
Committee or other decision making administrative body to grant an exception, namely the
proposal must:
a) yield greater compliance with the goals of the Aspen Area Community Plan;
b) more effectively address the issue or problem a given standard or provision
responds to; or
c) be clearly necessary for reasons of fairness related to unusual site specific constraints,
and
WHEREAS The Planning Staff, in a report dated July 26, 2000, recommended approval
of the variance for a 6-foot fence forward of the front facade of the house, and denial of the
variance for a berm in the front yard setback; and,
WHEREAS a public hearing, which was legally noticed, was held at a regular meeting of
the Design Review Appeal Committee on July 26, 2000, at which the Committee voted six to
zero (6-0) to both approve the variance for a 6-foot fence forward of the front facade of the
house, and deny a variance for a berm in the front yard setback.
NOW, THEREFORE, BE IT RESOLVED by the Design Review Appeal Committee:
That the Residential Design Standard variance for a 6-foot fence forward the front facade of the
house, Section 26.410.040, is approved and berm in the front yard setback is denied for a historic
landmark at 232 East Hallam, Aspen, Colorado, with the following condition:
1. Prior to any additional work on the fence on the subject property:
a. The Applicant shall grant a permanent and non-revocable trail easement to the
City of Aspen for the existing trail across the property located at 232 East Hallam
by October 15, 2000. If the trail easement is not conveyed to the City of Aspen
within this time frame, this approval shall be rendered null and void and the
portion of the fence forward of the front facade of the house shall be removed
immediately at the owner's expense.
The existing berm in the right-of-way shall be removed by October 15, 2000.
Prior to the construction of the proposed fence in the public right-of-way, the Applicant
shall apply for apply for an encroachment license from the City Engineer's Office.
The Applicant shall submit a landscape plan for review by the Historic Preservation
Commission (HPC) Staff and Monitor, Parks Department, and Engineering Department,
and approved by the HPC.
APPROVED BY THE COMMITTEE at its regular meeting on the 9'h day of August, 2000.
APPROVED AS TO FORM:
City'J[ttomey It
ATTEST:
DESIGN REVIEW APPEAL COMMITTEE:
,' :'~/-] City Clerk
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