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HomeMy WebLinkAboutresolution.hpc.013-2001RESOLUTION NO. 13, SERIES OF 2001 FINDINGS OF FACT AND RECOMMENDED ORDER FOR THE SCHELLING PROPERTY LOCATED AT 213 WEST BLEEKER STREET, ASPEN, COLORADO The Aspen Historic Preservation Commission hereby issues its "Findings of Fact and Recommended Order for the Schelling Property Located at 213 West Bleeker Street, Aspen, Colorado." SUMMARY On December 13, 2000 the Historic Preservation Commission heard testimony and was presented with evidence regarding the violations of HPC approvals at 213 W. Bleeker Street. For the most part, the facts of the case were not in dispute. Through a review of the information presented at the meeting and a visit to the site, the Historic Preservation Commission has determined that the historic structure was completely demolished and therefore has suffered a complete loss of historic integrity, through the specific actions of the owner/contractor. This structure was one of Aspen's typical Miner's Cottages with a number of alterations having been made over time. It was granted landmark status based on the Standards for Designation (section 26.420.010 of the City of Aspen Land Use Code). Specifically, that it met the standards for Architectural Importance, Neighborhood Character, and Community Character. As a result of the Landmark Status the project received set back variances, and a parking space waiver from the HPC. All significant development approvals by the HPC require that the construction documents contain specific information on the areas of demolition, and the plan for restoration of the historic structure. The preservation plan, submitted by the owner, with the construction documents clearly indicated the procedures and methods which were approved by the HPC and the procedure for making changes to that plan. During the construction, conditions that varied from the original approvals were discovered. On August 23rd, a site visit took place to review those conditions and the owner's proposed changes. It was determined, by Staff, that the proposed changes were significant enough to require additional review by the HPC. After that meeting, no further contact between the Staff, HPC and owner took place until it was observed that the proposed changes had already been made. By the time a second site visit occurred, the structure had been completely dismantled; a procedure that had never been discussed at the August site visit. This procedure resulted in the demolition of the 1880's framing of the structure, in a clear violation of the permit drawings and the HPC approvals. Though individual materials were salvaged, the integrity of the structure goes with the structure as a whole and not as a series of random parts. It is important to note that this type of project is common in Aspen. Almost all rehabilitation projects require additional structure, additional insulation, and new interior walls to be constructed. Many projects of similar size and complexity have been undertaken successfully and without the loss of integrity of the historic structure. It is also important to note that HPC members and staff have worked very hard to create a program that accommodates the needs of the owners as well as protecting the integrity of our historic structures. We have established clear language for our approvals, requested specific information from applicants on the procedures which will be used for the construction, and have a process for accommodating the vagaries of the construction process; all in an effort to educate historic homeowners and contractors, to minimize confusion, and to make a clear and positive process. In this case, the work which was performed on the structure not only violated the conditions of the approval and circumvented the established procedures for changes to those approvals, but finally resulted in the complete loss of the structure. Therefore, the HPC feels that significant penalties are warranted. Aspen's historic structures are a significant asset to this community. They provide the basis for our unique character and an authentic record of our community's history. This structure, however modest, was a record of that history and the people who laid the foundation for what this town is today. The loss of this structure is a loss to the Aspen community. Our historic resources are unique, authentic and are irreplaceable. FINDINGS OF FACT 1. The parties were represented by counsel, as follows: a. Owner/contractor Ron Schelling by attomey Douglas Allen. b. The City of Aspen by Assistant City Attorney David Hoefer. c. The Historic Preservation Commission by attorney Tim Whitsitt. 2. Witnesses were called to testify, including: a. Amy Guthrie, Aspen Historic Preservation Officer b. Fred Jarman, Aspen City Planner 2 c. Stephen Kanipe, Chief Building Official, Aspen/Pitkin County d. Ron Schelling, owner/contractor. 3. Exhibits were offered, including: a. Resolution No. 18, Series of 2000, Aspen Historic Preservation Commission b. Resolution No. 11, Series of 2000, Aspen Historic Preservation Commission c. Building permit plan for 213 West Bleeker, Aspen, Colorado d. Letter of Jack Palomino, dated October 11, 2000 e. Stipulated Facts f. Conditions of Approval, Scope of Work, and Preservation Plan g. Pictures of construction at 213 West Bleeker, Aspen, Colorado. 4. The house located at 213 West Bleeker, Aspen, Colorado, is a locally designated "landmark." Consequently, the house was subject to development review by the Aspen Historic Preservation Commission. 5. The property at 213 West Bleeker Street is owned of record by Mr. and Mrs. Ron Schelling. Mr. Schelling hired an architect, Jack Palomino, to take the proposed development at 213 West Bleeker tkrough the review process. Mr. Schelling served as his own contractor on the project after obtaining the required "historic preservation contractor's license." 6. On March 22, 2000, the Aspen Historic Preservation Commission approved by resolution for the property at 213 West Bleeker Street "Landmark Designation, Conceptual Development, Partial Demolition, Temporary Relocation, Variances, and Residential Design Standards Review." 7. On April 26, 2000, the Aspen Historic Preservation Commission approved by resolution "An Application for Final Development Review for 213 W. Bleeker Street, Lot G, Block 51, City and Township of Aspen, Colorado." The application was approved by a 4-1 vote with twenty-one (21) conditions. 8. Condition 13 required a demolition plan, as part of the building permit plan set, indicating exactly what areas of the historic house and shed were to be removed as part of the renovation. 9. Condition 14 required a preservation plan, as part of the building permit plan set, indicating how any original materials which were to be retained would be restored. "The 3 requirement is to retain/repair all original materials and replicate only those that are to be determined by HPC staff and monitor to be beyond salvage." 10. Condition 20 required the General Contractor and/or Superintendent to obtain a specialty license in historic preservation prior to receiving a building permit. This was done by the owner/contractor Ron Schelling. 11. The building permit plan set, as required, reflected the twenty-one conditions, a preservation plan, and a section entitled "demolition scope of work." 12. The preservation plan provided as follows: a. The demolition and construction of this project is a historic renovation and is subject to all the historic preservation commission (HPC) conditions of approval identified on the information sheet and all requirements identified herein. b. No deviations from these drawings shall be allowed without first being reviewed and approved by HPC staff and monitor. c. All the existing exterior materials including but not limited to roofing shingles, roll roofing, exposed copper flashing, copper roof trim, brick, fascia and eve trim, soffit material, siding materials, corner boards, windows, exterior window trim, siding trim, siding water table, and all other miscellaneous exterior trim are considered historic and shall not be removed from the building except where identified on the drawings to be removed, salvaged, refurbished and reinstalled in their original locations. d. Should any materials have to be removed from the building in order to avoid damage to them during moving of the building, they shall be removed, salvaged, refurbished and reinstalled on the building in their original location and only upon being reviewed and approved by the HPC staff and monitor. e. Removal and replacement of any and all materials due to natural deterioration beyond repair shall also be subject to review and approval by the HPC staff and monitor. Restoration of the front gable of the old house shall be based on physical evidence to the extent possible. The proposed construction work identified in the drawings shall serve as a guide only and actual reconstruction shall be based on fieM examination of the existing framing of any window openings. No modification or new construction of the existing framing shall proceed until it is reviewed and approved by the HPC staff and monitor. 13. On August 23, 2000, the owner/contractor Ron Schelling and his architect Jack Palomino met with HPC Officer Amy Guthrie to review existing conditions uncovered 4 during demolition. Schelling and Palomino were requesting modifications to the permitted set of drawings, including changes to the roofing, siding, windows, bay window, fire damaged framing, and shed floor elevation. There was no discussion regarding the possible total deconstmction of the historic structure at that time. 14. The monitor for the project was unable to attend the meeting with Schelling and Palomino. Therefore, Amy Guthrie felt that (1) without the monitor and (2) because of the significance of the proposed modifications that she could not approve the changes. She gave directions to Schelling and Palomino to list the requests in a letter that would then be taken to the HPC for review. No such letter was completed and submitted to Fred Jarman, until October 11, 2000, a day after Amy Guthrie discovered that the proposed work had already been undertaken. The site conditions recited in Palomino's October 11 letter were a correct representation of those conditions observed on the site by Amy Guthrie in her August 23, 2000, site visit. Those conditions no longer existed on the site as of October 11, 2000. The owner/contractor's own actions in dismantling and reconstructing the structure without an opportunity for HPC and staff to determine whether original materials were indeed "beyond salvage" violated Condition 14 of the preservation plan. 15. Before Jack Palomino prepared the letter and without HPC review or approval, Ron Schelling went forward with the modifications. Roofing, siding, framing and other elements of the historic house were removed in violation of the building permit plan set and without HPC, staff, or monitor approval. The result was that the entire historic structure was deconstmcted without the HPC's notice or approval. Chimney bricks, a window, some framing materials, the shed, eave molding, porch decking, soffit material and the siding water table were preserved. The remaining elements were destroyed. In performing the work, while some of the original studs and rafters had been preserved, the integrity of the historic wall and roof frame had been destroyed and a new frame had been constructed, onto which certain members of the historic roof and wall frame had been tacked. 16. Because of the alleged violations of the building plans, the property was red-tagged on or about October 20, 2000. 17. Ron Schelling testified that he spoke with Palomino as the work proceeded and that he was under the impression that the HPC had approved the deviations from the original renovation plan. As a result of the miscommunication between the Owner/Contractor and his Arehitect, there was no communication with the HPC or staff whatsoever during this period of time. 18. The evidence presented at the hearing established by a preponderance of the evidence that violations of the Historic Preservation Commission approvals and the building plans did in fact occur. Said violations are the legal responsibility of the Owner/ Contractor Ron Schelling. 5 19. As a result of the violations, the integrity of the structure at 213 West Bleeker as a Historic Landmark has been destroyed. RECOMMENDED ORDER The Aspen Historic Preservation Commission, having concluded by a preponderance of the evidence that Ron Schelling violated Historic Preservation Commission approvals and the building plan, hereby recommends that City Council impose the following penalty upon Ron Schelling: 1. Due to the destruction of the historic structure at 213 W. Bleeker Street during the course of the renovation, Historic Landmark status for that structure should be immediately revoked. The property shall remain listed Inventory of Historic Structures based upon the shed/outbuilding, which still exists. 2. Contemporaneous with the revocation of Historic Landmark status, all setback variances and parking exemptions granted for the subject property under the Historic Preservation provisions of the Code should be immediately revoked. 3. The Owner shall be required to submit a complete new building permit application for his proposed reconstruction prior to any further activity on the property. That application shall be processed under the appropriate zone district provisions for the property and subject to all of the building code provisions of the City of Aspen. That application shall further be subject to review by HPC for architectural compatibility with the existing historic outbuilding. 4. The Historic Preservation Commission has determined that a substantial penalty is merited in this case, based upon the virtually total loss of an irreplaceable community historic resource. The Owner/Contractor accepted the zoning and land use benefits and concessions that are provided by virtue of the Landmark status of the structure and thereafter, without any regard for the requirements of the historic preservation program, destroyed the historic elements of the structure, rendering it, in his own words "a replication" of an historic building, rather than a restored building as required by the Historic Preservation Ordinance. 5. The Historic Preservation Commission recommends that the Aspen City Council impose a one year moratorium on the continuation of any further construction or development work on the site, other than the minimum amount of work which would be required to secure the site for the purposes of public safety. In addition to the moratorium, Owner/Contractor should be required to reimburse the City for all costs, including the staff and attorney time required to resolve this matter. 6. The owners shall write a letter of apology to the community conceming the damage to the historic resource, which shall be reviewed as to form by the City Attorney and which shall be submitted to the Aspen Times and the Aspen Daily News no later than ten (10) days after receipt of the decision of the Aspen City Council in this matter. APPROVED BY THE COMMISSION at its regular meeting on the 28th day of February, 2001. Approved as to Content: HISTORIC PRESERVATION COMMISSION SuM gia, Chai/,J S to Form: cial Cofinsel