HomeMy WebLinkAboutresolution.hpc.001-2001RESOLUTION NO. 1,
SERIES OF 2001
RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION
RECOMMENDING CITY COUNCIL APPROVE AN APPLICATION FOR A
HISTORIC LANDMARK DESIGNATION, HISTORIC LANDMARK LOT
SPLIT, VARIANCE FOR SIDE YARD SETBACKS, 500 SQUARE FOOT BONUS,
AND ALLOCATION OF FAR TO THE NEVCLY CREATED LOTS FOR THE
PROPERTY LOCATED AT 610 WEST SMUGGLER AND 505 NORTH FIFTH
STREETS, LOTS Q, R, AND S, BLOCK 20, CITY AND TOVCNSITE OF ASPEN,
ASPEN, COLORADO
Parcel ID: 2735-124-05-010
WHEREAS, the applicants, Ann Burrows and Marcia Corbin, represented by
Mitch Haas, requested a 1) Historic Landmark Designation, 2) Historic Landmark Lot
Split, 3) 500 sq. ft. bonus, and 4) allocation of FAR to each new lot for a property
located at 610 West Smuggler and 505 North Fifth Streets, Lots Q, R, and S, Block 20,
City and Townsite of Aspen, Aspen, Colorado. The property located on Lot Q is
currently designated as a Historic Landmark in the City of Aspen; and
WHEREAS, all applications for a Historic Landmark Designation, Historic
Landmark Lot Split, variance for side yard setbacks, allocation of 500 square foot bonus,
and FAR allocation to newly created lots shall meet all of the following Development
Review Standards of Section 26.420.010, Section 26.480.030(A)(2), and Section
26.480.030(A)(4) in order for HPC to grant approval, namely:
26.420.010 Historic Landmark Designation Standards
Any structure or site that meets two (2) or more of the following standards (Section
26.420.010) may be designated as "H," Historic Overlay District, and/or historic
landmark. It is not the intention of the Historic Preservation Commission to landmark
insignificant structures or sites. HPC will focus on those, which are unique or have some
special value to the community.
a) Historical importance. The structure or site is a principal or secondary structure or
site commonly identified or associated with a person or an event of historical
significance to the cultural, social, or political history of Aspen, the State of
Colorado, or the United States.
b) Architectural importance. Based on the building form, use, or specimen, the
structure or site reflects an architectural style that is unique, distinct, or of traditional
Aspen character, or the structure or site embodies the distinguishing characteristics of
a significant or unique architectural type.
I IIIIII IIIII IIIIII IIIIII IIII IIIIII IIIII III IIIII IIII IIII
451138 e2/el/2eel 10:541~ RESOLUT! Ol~Vl$ $ILV!
I e~ 6 R 30.00 D 0.00 N 0.00 P!TK!N COUNTY CO
c) Designer. The structure is a significant work of an architect or designer whose
individual work has influenced the character of Aspen.
d) Neighborhood character. The structure or site is a significant component of an
historically significant neighborhood and the preservation of the structure or site is
important for the maintenance of that neighborhood character.
e) Community character. The structure or site is critical to the preservation of the
character of the Aspen community because of its relationship in terms of size,
location, and architectural similarity to other structures or sites of historical or
architectural importance.
Section 26.480.030(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
b) 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.
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.
f) 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.
IIIII IIIIII Illill Ilil IIIlll IIIII lit IIIll IIII
e2/ot/2ee~. 2e:64n RESOt. UT! OI~VZS SZI.YZ
39.90 D 6.09 14 0.00 PtTKX14 COU14TY CO
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 26.480.030(A)(4) 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 26470.070(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, in a staff report dated January l0th, 2001, the Commtmity
Development Department determined the application for a historic landmark designation
and historic landmark lot split met the applicable review standards indicated above, and
recommended approval with conditions; and
VO-IEREAS, at a public hearing, which was legally noticed and held at a regular
meeting of the Historic Preservation Commission on December 13th , 2000, at which time
the HPC considered and found the application to meet the review standards, and
recommended approval to the City Council for the historic landmark designation, historic
landmark lot split, and allocation of 500 square foot bonus, and FAR allocation to newly
created lots with conditions by a vote of five to one (5 to 1).
NOW, THEREFORE, BE IT RESOLVED: That HPC recommends the City
Council approve the Historic Landmark Designation, Historic Landmark Lot Split, for a
property located at 610 West Smuggler and 505 North Fifth Streets, Lots Q, R, and S,
Block 20, City and Townsite of Aspen, Aspen, Colorad9 with the following conditions:
I IIIIII IIIII IIIIII IIIIII IIII IIIIII IIIII III IIIII IIII IIII
451130 02/01/2001 t0:541:1 RESOLUT! DI:IVIS $'rLV!
3 o¢ 6 R 30.00 D 0.00 N 0.00 PTTKIN COUNTY CO
At present, there is a fencing encroachment into the public right-of-way on West
Smuggler Street and a trash shed encroachment into the Alley for Block 20 on the
north side of Lot Q. The applicant must either 1) remove the encroachments or 2)
obtain a Temporary Revocable Encroachment License from the City Engineering
Department allowing these encroachments to exist prior to the recording of the
final plat;
That the applicant shall submit and record a subdivision plat which meets the
terms of Chapter 26.480, and conforms to the requirements of the Land Use Code,
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;
That the applicant agrees that this subdivision exemption lot split resulting in one
3,000 square foot lot (Lot Q) and one 6,000 square foot lot (Lots R-S) contains a
maximum potential build out not to exceed three (3) principal dwelling units
which may be comprised of a duplex and a single-family home pursuant to
Section 26.480.030(A)(2)(g) for the three lots combined. In addition, the applicant
may be able to place two single-family homes on the 6,000 sq. ft. Lot if approved
as a conditional use by the Planning and Zoning Commission;
Any future development on the newly created lots shall be required to mitigate for
their impact pursuant to Chapter 26.470 Growth Management Quota System
(GMQS) as required;
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:
i. Meet the requirements of Section 26.88.040(D)(2)(a) of the Aspen
Municipal Code;
ii.
Contain a plat note stating that development of Lots "R-S" shall be
required to mitigate for affordable housing pursuant to Section
26.100.050(A)(2)(c) of the Municipal Code for any future
development;
iii.
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;
I IIIIII IIIII IIIIII IIIIII IIII IIIIII IIIII III IIIII IIII IIII
451138 82/81/2881 10:54R RESOLUT! DlqVl$ S'rLVZ
4 o~' 8 R 39.88 D 0.00 N 8.90 PZTKTN COUNTY CO
10.
11.
iv.
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 for variances approved by an entity having the
authority to do so;
That Lots Q, R, and S are designated as historic landmarks and
must receive HPC approval for all development in accordance with
Section 26.415 of the Municipal Code, as well at Section 26.410,
the "Residential Design Standards;"
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, Lot "Q" receiving 3,000 square feet
and Lots "R-S" receiving 6,000 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 "Q" will be 1,340 s.f. (including a 500 square foot floor area bonus)
and 3,240 square feet of floor area on Lots "R-S." The information specific to
exact allocated FAR as indicated above for both lots as verified by the City
Zoning Officer, shall be included on the plat, as a plat note;
As a minimum, the subdivision exemption agreement shall include the elements
outlined in Section 26.480.030(A)(2) of the Aspen Municipal Code, and shall
meet the recording and timing requirements described in Section 26.480.070(E);
Any further development for the historic structure or on the lots created by this lot
split shall be subject to further review as required by Section 26.415 of the Aspen
Land Use Code;
That the HPC herein and pursuant to this Resolution, grants the applicant
approval to allocate the FAR to be split between the two newly created lots
(including the 500 sq. fi. bonus) to be 4,580 sq. fi. in total. The applicant shall
appropriate this FAR in the following manner: Lot "Q" as having 1,340 sq. fi. and
Lots "R-S" as having 3,240 sq. ft. prior to consideration of potentially applicable
lot area reductions (i.e., slopes, access easements, etc.). Further, these lot sizes
and floor areas shall be indicated on the final plat that is recorded in the Pitkin
County Clerk and Recorder's Office;
That the HPC herein and pursuant to this Resolution, grants the applicant
approval for a 4.5 foot side yard setback resulting from an allowed 0.5 foot
decrease in the normally 5 foot setback requirement in the R-6 zone district to be
allocated to the east property line of Lot "Q" containing the historical structure;
That the applicants preserve the "monument" on the south east comer of Lot S as
required by the City of Aspen Engineering Department;
I IIIIII IIIII IIIIII IIIIII IIII IIIIII IIIII III IIIII IIII IIII
451130 02/01/2801 18:54A RESOLUTX DAVIS S[LVI
5 of 6 R 38.88 D 8,80 N 8.88 PITK~N COUNTY CO
12. That the applicants shall ensure that each structure on the newly created lots
maintain their separate and individual meter boxes;
13. That the applicant agrees that they shall be required to place street trees as a result
of any future development to reflect the traditional cottonwood street tree pattern
currently lining West Smuggler and North Fifth Street as required by the City of
Aspen Parks Department; and
14. That the HPC grants an approval to demolish the existing pan-abode located on
Lots R and S and that the applicant shall place appropriate language on the final
plat indicating the ability granted by the HPC to demolish the pan-abode.
APPROVED BY THE COMMISSION at its regular meeting on the l0th day of
January, 2001.
Approved as to Form:
Davzit Hoefer, Assistant C~y Attorney
HISTORIC PRESERVATION COMMISSION
suz¢
ATTEST:
kathy Stri~kl~nd, Deputy City Clerk
I IIIIII IIIII IIIIII 11111 IIII IIIIII IIIII III I15 IIII
6 o¢ $ R 3~*~ D 0.08 N 0.~ pITKIN