HomeMy WebLinkAboutresolution.hpc.053-2001A RESOLUTION OF THE HISTORIC PRESERVATION COMMISSION OF THE
CITY OF ASPEN, COLORADO, RECOMMENDING APPROVAL TO THE
PLANNING AND ZONING COMMISSION AND THE CITY COUNCIL OF
AMENDMENTS TO THE HISTORIC PRESERVATION PROGRAM
RESOLUTION #53 SERIES OF 2001
WHEREAS, the Community Development Department and the Aspen Historic
Preservation Commission have been involved in a year long process to evaluate and
improve the Historic Preservation Program; and,
WHEREAS, with substantial input from the public and other City review boards,
a new historic preservation ordinance has been prepared and staff has identified other
areas of the Land Use Code which require amendment to enact the new program; and,
WHEREAS, the Historic Preservation Commission reviewed the proposed
changes to the Historic Preservation Program so that pursuant to Section 26.310,
applications to amend the text of Title 26 of the Municipal Code shall be reviewed and
recommended for approval, approval with conditions, or denial by the Planning and
Zoning Commission at a public hearing. Final action shall be by City Council at a public
hearing after reviewing and considering these reconmaendations; and,
WHEREAS, at their regular meeting on November 28, 2001 the Historic
Preservation Commission conducted a public hearing and reviewed and endorsed the
repeal and replacement of the historic preservation regulations found in Chapters 26.415
and 26.420 of the land use code of the Aspen Municipal Code by a vote of 6 to 1.
NOW, THEREFORE, BE IT RESOLVED THAT:
The Historic Preservation Commission endorses changes to the Historic Preservation
Program, as outlined in the attached document, and will forward it to Planning and
Zoning and City Council.
APPROVED BY THE COMMISSION at its regular meeting on the 28th day of
November, 2001.
Approved as to form:
David Hoefer, Assistant Cit/t/Attorney
Approved as to content:
HISTORIC PRESERVATION COMMISSION
ATTEST:
Kathy Strit(kland, Chief Deputy Clerk
Sections:
26.415.010
26.415.020
26.415.030
26.415.040
26.415.050
26.415.060
26.415.070
26.415.09~0
26.415&020
26.415.~10~
26.415.1g~0
26.415.13~0
26.415.1420
26.415.154_0
Chapter 26.415
Purpose and Intent
Definitions
Designation of Historic Properties
Recordation of Designation
Rescinding of Designation
Effect of Designation
Development Involving Designated Historic Properties
Demolition of Designated Properties
Relocation of Designated Properties
Demolition by Neglect
Benefits
Appeals, Council Notice and Call Up
Variances Granted by Oother City Review Bodies
Penalties
26.415.010 Purpose and Intent
The purpose of this chapter is to promote the public health, safety and welfare through
the protection, enhancement and preservation of those properties, areas and sites which
represent the distinctive elements of Aspen's cultural, educational, social, economic,
political and architectural history. Under the authority provided by the Home Rule
Charter of the City of Aspen and Section 29-20-104{~c]) of the Colorado Revised
sStatutes to regulate land use and preserve areas of h/storical, architectural, and
archaeological, engineering and cultural importance, this chapter sets forth the procedures
to:
A. Recognize, protect, and promote the retention and continued utility of the historic
buildings and districts in the city;
B. Promote awareness and appreciation of Aspen's unique heritage;
C. Ensure the preservation of Aspen's character as a historic mining town, early ski resort
and cultural center;
D. Retain the historic, architectural and cultural resource attractions that support tourism
and the economic welfare of the community; and
E. Encourage productive, economical and attractive reuse of historic structures.
26.415.020 Definitions
The following definitions are specific to the terms as used in this Chapter and in the field
of Historic Preservation.
Alteration - A change to an existing building, structure or feature that modifies its
original appearance or construction.
5- Some original exterior materials have been replaced.
0- Ail original exterior materials have been removed and replaced.
DOORS AND WINDOWS
10- All or most of the original doors and windows units are intact.
5 - Some of the original door and windows have been replaced but the new
units would meet the design guidelines.
0 - The original door and window units have been replaced with units that
would not meet design guidelines.
TOTAL POINTS (maximum of 25) =
WORKMANSHIP Workmanship is the physical evidence of the crafts of a
particular culture or people during any given period in history or prehistory.
DETAILING AND ORNAMENTATION
10- The basic characteristics of the construction method are intact. For
Rustic structures, the hand hewn/hand-crafted quality of the log work or
wood siding is evident. For Kit Log structures, the uniform, machine made
quality of the logs is evident.
8- Detailing is discernible such that it contributes to an understanding of its
stylistic category.
2- New detailing has been added that confuses the character of the original
structure.
0- The original detailing is gone.
FINISHES
10- All exterior wall surfaces have a natural finish, trim is painted, and
masonry, if any exists, is unpainted.
5- All exterior wood is painted and masonry is unpainted.
0- All exterior wood is painted and the masonry is painted.
.TOTAL POINTS (maximum of 20) =
MAXIMUM NUMBER OF POINTS= 100
MINIMUM THRESHOLD FOR DESIGNATION= 75 POINTS
window and smaller multi-paned windows located sparingly around the
building.
8- Less than 50% of the door and window openings on the original building
are new and the original door and window openings are intact.
2- More than 50% of the door and window openings on the original building
are new and/or some of the original opening sizes have been altered.
0- Most or all of the original door and window openings have been altered.
SIMPLICITY OF DESIGN
5- The overall sense of "modestf' in design and detailing on the original
structure is intact.
0- New, non-original trim and other decoration have been added to the
building and have altered its character.
CHARACTER DEFINING FEATURES
10 - The simple form, minimal detailing and features that are characteristic of
the building type are intact.
6 - There are minor alterations to the simple form, minimalist detailing and
features that are characteristic of the building type.
0 - There have been major alterations to the simple form, minimalist detailing
and features that are characteristic of the building type.
TOTAL POINTS (maximum of 45) --
· SETTING Setting is thephysical environment ofa histori~property.
5- The physical surroundings are similar to that found when the structure was
originally constructed.
3-There are minor modifications to the physical surroundings but the changes
conform to the design guidelines.
0- The physical surroundings detract fi.om the historic character of the
building.
TOTAL POINTS (maximum of 5) =
MATERIALS Materials are the physical elements that were combined or
deposited during a particular period of time and in a particular pattern or
configuration to form a historic property.
EXTERIOR SURFACES
10-The original exterior materials, be they hand hewn logs, machine cut logs,
or board and batten siding, and wood trim remain. If the building is
Rustic, original masonry foundations or chinmeys remain.
2
INTEGRITY ASSESSMENT- RUSTIC/KIT LOG
Integrity is the ability ora property to convey its significance.
· LOCATION Location is theplace where the historicproperty was constructed
or the place where the historic event occurred.
5 - The structure is in its original location.
3 - The structure has been moved within the original site but still maintains
the original alignment and proximity to the street.
0 -The structure has been moved to a location that is dissimilar to its original
site.
TOTAL POINTS (maximum of 5)=
DESIGN Design is the combination of elements that create the form, plan,
space, structure, and style o fa property.
BUILDING FOR/VI
10 - The original plan form, based on authenticating documentatio, is still
intact.
6 - The plan form has been altered, but the addition would meet the design
guidelines.
0 - Alterations and/or additions to the building are such that the original form
of the structure is obscured.
ROOF FORM
10 -The original roof form is unaltered.
6 - Additions have been made that alter roof form that would meet the
current design guidelines.
0 -Alterations to the. roof have been made that obscure its original form.
SCALE
5 - The original scale and proportions of the building are intact.
3 - The building has been expanded but the scale of the original portion is
intact and the addition would meet the design guidelines.
0 - The scale of the building has been negatively affected by additions or
alterations.
DOORS AND WINDOWS
10-For Rustic structures, the typical door and window pattern on the original
structure is intact with multi-paned fixed or casement windows located
sparingly around the building.
10- For Kit Log structures, the typical door and window pattern on the
original structure is intact, with a primary, street-facing multi-parted
'WORKMANSHIP Workmanship is the physical evidence of the crafts of a
particular culture or people during any given period in history or prehistory.
COMPOSITION
15 - The structural composition that distinguishes the stylistic category of
Modernism is intact.
10- There have been some alterations to the structural composition that
would meet the design guidelines
0 - There have been some alterations to the structural composition that
would not meet the design guidelines
FINISHES & COLOR SCHEME
5 - The neutral or monochromatic color scheme and finishes that define the
stylistic category of Modernism is intact.
3 - There have been minor alterations to the neutral or monochromatic color
scheme and finishes that define the stylistic category of Modernism.
0- There have been significant alterations to the neutral or monochromatic
color scheme and finishes that define the stylistic category of Modernism.
TOTAL POINTS (maximum of 20)
MAXIMUM NUMBER OF POINTS= 100
MINIMUM THRESHOLD FOR DESIGNATION= 75 POINTS
CHARACTER-DEFINING FEATURES
10 - The horizontal or geometric form, minimalist detailing and features that
relate the building to its environment are intact.
6 - There are minor alterations to the horizontal or geometric form,
minimalist detailing and features that relate the building to its
environment.
0 - There have been major alterations to the horizontal or geometric form,
minimalist detailing and features that relate the building to its
environment.
TOTAL POINTS (maximum of 45) =
SETTING Setting is the physical environment ora historic property.
5- The physical surroundings are similar to that found when the structure was
originally constructed.
3-There are minor modifications to the physical surroundings but the changes
conform to the design guidelines.
0- The physical surroundings detract fi-om the historic character of the
building.
TOTAL POINTS (maximum of 5) =
MATERIALS Materials are the physical elements that were.combined or
deposited during a particular period of time and in a particular pattern or
configuration to form a historic property.
EXTERIOR SURFACES
15- The original exterior wall materials and glazing are intact
1 O-There have been minor alterations to the original exterior wall materials
and glazing made in a manner that conform to the design guidelines.
5- There have been major replacement of the original exterior wall materials
and glazing made in a manner that conform to the design guidelines.
0- All exterior wall materials and glazing has been replaced.
DOORS AND W3NDOWS
10-All or most of the original doors and windows units are intact.
5 - Some of the original door and windows have been replaced but the new
un/ts would meet the design guidelines.
0 - The original door and window units have been replaced with units that
would not meet design guidelines.
TOTAL POINTS (maximum of 25) =
INTEGRITY ASSESSMENT- MODERN (WRIGHTIAN & INTERNATIONAL)
Integrity is the ability of a property to convey its significance.
LOCATION Location is the place where the historic property was constructed
or the place where the historic event occurred.
5 - The structure is in its original location.
3 - The structure has been moved within the original site but still maintains
the original alignment and proximity to the street.
0 -The structure has been moved to a location that is dissimilar to its original
site.
TOTAL POINTS (maximum of 5)
DESIGN Design is the combination of elements that create the form, plan,
space, structure, and style o fa property.
BUILDING FORM
10 - The original plan form, based on authenticating documentatio, is still
intact.
6 - The plan form has been altered, but the addition would meet the design
guidelines.
0 - Alterations and/or additions to the building are such that the original form
of the structure is obscured.
ROOF FORM
10 -The original roof form is unaltered.
6 - Additions have been made that alter roof form that would meet the
current design guidelines.
0 -Alterations to the roof have been made that obscure its original form.
SCALE
5 - The original scale and proportions of the building are intact.
3 - The building has been expanded but the scale of the original portion is
intact and the addition would meet the design guidelines.
0 - The scale of the building has been negatively affected by additions or
alterations.
SOLID/VOID PATTERN
10 - The original pattern of glazing and exterior materials is intact.
6 - The original pattern of glazing and exterior materials has been altered
but in a manner that would meet the design guidelines
0- The original pattern of glazing and exterior materials is altered.
DOORS AND WINDOWS
1 O-All or most of the original doors and windows units are intact.
5- Most of the original door and windows have been replaced but the new
units would meet the design guidelines.
0- Most of the original door and window units have been replaced with units
that would not meet design guidelines.
TOTAL POINTS (maximum of 25) =
WORKMANSHIP Workmanship is the physical evidence of the crafts of a
particular culture or people during any given period in history or prehistory.
DETAILING AND ORNAMENTATION
15- Original detaihng and ornamentation is intact
I0- There have been some alterations or loss of the original detailing and
alteration.
5-Some detailing is discernible such that it contributes to its understanding
its stylistic category
FINISHES & COLOR SCHEME
5- The finishes and color scheme that define the Chalet style are intact
3- There have been minor alterations to the finishes and color scheme that
define the Chalet style.
2- There have been substantial alterations to the finishes and color scheme
that define the Chalet style.
TOTAL POINTS (maximum of 20)
MAXIMUM NUMBER OF POINTS= 100
MINIMUM THRESHOLD FOR DESIGNATION= 75 POINTS
0- Original exterior balconies and walkways are gone.
DOORS AND WINDOWS
10- The original door and window pattern are intact.
8- Some of the doors and windows are new but the original openings are
intact.
4- More than 50% of the doors or windows have been added and/or the
original opening sizes have been altered.
0- Most of the original door and window openings have been altered.
CHARACTER-DEFINING FEATURES
3- The form and features that define the Chalet style are intact.
3- There are minor alterations to the form and features that define the Chalet
style.
1- There have been major alterations to the form and features that define the
Chalet style.
TOTAL POINTS (maximum of 45) =
SETTING Setting is the physical environment of a historic property.
5- The physical surroundings are similar to that found when the structure was
originally constructed.
3-There are minor modifications to the physical surroundings but the changes
conform to the design guidelines.
0- The physical surroundings detract fi:om the historic character of the building.
TOTAL POINTS (maximum of 5) --
MATERIALS Materials are the physical elements that were combined or
deposited during a particular period of time and in a particular pattern or
configuration to form a historic property.
EXTERIOR SURFACES
15- The original combination of exterior wall materials and the decorative trim
materials are intact
10- There have been minor changes to the original combination of exterior
wall materials and the decorative trim materials.
5- There have been major changes to the original combination of exterior
wall materials and the decorative trim materials.
0- All exterior materials have been removed or replaced. Note that th/s
factor alone may eliminate a building from consideration, unless the
original form of the building is ve~ intact.
INTEGRITY ASSESSMENT- CHALET
Integrity is the ability of a property to convey its significance.
LOCATION Location is the place where the historic property Was constructed
or the place where the historic event occurred.
5 - The structure is in its original location.
3 - The structure has been moved within the original site but still maintains
the original alignment and proximity to the street.
0 -The structure has been moved to a location that is dissimilar to its original
site.
TOTAL POINTS (maximum of 5)
DESIGN Design is the combination of elements that create the form, plan,
space, structure, and styte of a property.
BUILDING FORM
10 - The original plan form, based on authenticating documentatio, is still
intact.
6 - The plan form has been altered, but the addition would meet the design
guidelines.
0 - Alterations and/or additions to the building are such that the original form
of the structure is obscured.
ROOF FORM
10 -The original roof form is unaltered.
6 - Additions have been made that alter roof form that would meet the
current design guidelines.
0 -Alterations to the roof have been made that obscure its original form.
SCALE
5 - The original scale and proportions of the building are intact.
3 - The building has been expanded but the scale of the original portion is
intact and the addition would meet the design guidelines.
0 - The scale of the building has been negatively affected by additions or
alterations.
EXTERIOR BALCONIES AND WALKWAYS
5- The exterior balconies, walk'ways and their decorative form are intact.
3- The exterior balconies and walkways have been enclosed but maintains
open character and retains some original materials.
1- The exterior balconies and walkways have been enclosed or most or/ginal
materials are gone.
BONUS POINTS
UNIQUE EXAMPLE
5- The design of the building is unique or one of a small group among the
19th century commercial buildings (i.e.It is false front or has Italianate or
Second Empire detailing.)
PATINA/CHARACTER
5- The materials have been allowed to acquire the character of age and are
obviously weathered.
MAXIMUM NUMBER OF POINTS= 100 (and up to 10 bonus points)
MINIMUM THRESHOLD FOR DESIGNATION= 50 POINTS
4
3- Original siding is intact but trim or other elements have been replaced.
0- All exterior woodwork has been removed and replaced. Note that, if wood
was the primary exterior material, this factor alone may eliminate a
building t~om consideration, unless the original form of the building is
very intact.
DOORS AND WINDOWS
5- All or most of the original door and window units are intact.
4- Window and door units have been replaced but with generally accurate
reconstructions of the original windows or doors.
3- Windows and/or doors un/ts have been replaced with inappropriate
patterns or styles.
1- Most of the original windows have been replaced and/or new windows
have been added.
0- The size and configuration of most of the original door and window un/ts
or openings have been altered.
TOTAL POINTS (maximum of 20) =
WORKMANSHIP Workmanship is the physical evidence of the crafts of a
particular culture or people during any given period in history or prehistory.
DETAILING AND ORNAMENTATION
5- Original detailing is intact.
3- Detailing is discemable such that it contributes to the maderstanding of its
stylistic category.
0- New detailing has been added that confuse the character of the original
building.
FIN1SHES
5- All exterior woodwork is painted and masonry unpainted.
3- Wood surfaces are stained or modem in appearance but masonry is
unpainted.
3- Masomy is painted.
TOTAL POINTS (maximum of 10) =
ASSOCIATION Association is the direct link between an important historic
event or person and a historic property.
The property would be generally recognizable to a person who lived in Aspen in
the 19th century.
TOTAL POINTS (maximum of 5) --
STOREFRONT
I0-The original storefront and associated features (recessed entry, kickplates,
transom windows, etc.) remains.
5- The storefront has been altered, but some original materials remain.
0- The original storefront is completely gone.
DOORS AND WINDOWS
10-The original door and window pattern is intact.
8- Less than 50% of the doors and windows are new and the original
openings are intact.
4- More than 50% of the doors or windows have been added andJor some of
the original opening sizes have been altered.
0- Most of the original door and window openings have been altered.
TOTAL POINTS (maximum of 45)=
SETTING Setting is the physical environment of a historic property.
PROXIMITY TO SIMILAR STRUCTURES
5- The structure is one of a set (at least three) of buildings from the same
period in the immediate area.
PATTERNS AMONG SURROUNDING BUILDINGS
5- The building contributes to creates a continuous pattern of elements with
adjacent buildings by aligning windows, comicelines, etc.
TOTAL POINTS (maximum of 10) =
MATERIALS Materials are the physical elements that were combined or
deposited during a particular period of time and in a particular pattern or
configuration to form a historic property.
EXTERIOR SURFACES
10- The original primary wall materials remain and are in good condition.
5- The original primary wall materials, if the building is masonry, have been
sandblasted or are in very poor condition.
0- Less than 50% of the original primary wall materials remain.
EXTERIOR WOODWORK
5- Most of the original woodWork, including siding, trim, fascia boards, etc.
remain.
4- Original siding has been replaced, but trim and other elements remain.
2
INTEGRITY ASSESSMENT- 19TM CENTURY COMMERCIAL
Integrity is the ability of a property to convey its significance.
LOCATION Location is the place where the historic property was constructed
or the place where the historic event occurred.
10-The structure is in its original location.
8- The structure has been moved within the original site but still maintains
the original alignment and proximity to the street.
5- The structure has been moved to another si/e, still within the historic
Aspen townsite.
0- The structure has been moved to a location which is dissimilar to the
original site.
TOTAL POINTS (maximum of 10) =
DESIGN Design is the combination of elements that create the form, plan,
space, structure, and style ora property.
BUILDING FORM
10- The original plan form, based on Sanbome maps, is still intact.
8- The structure has been expanded in plan, but the original form is easy to
perceive and the addition(s) would meet Ce current design guidelines.
6- The structure has been expanded in a less desirable manner, but the
character of the form of the building from the streetview has been
preserved.
0- The structure has been expanded to the detriment of the streetscape
elevation.
ROOF FORM/CORNICE LINE
10-The original roof form and decorative cornice are unaltered. There is no
rooftop addition.
8- The roof form has been altered by a rooftop addition, but the addition
would meet the design guidelines.
2- The rooftop addition conflicts with the characteristic roof form of the
building.
SCALE
5- The original scale and proportions of the building are intact.
0- The scale of the building has been negatively affected by a large addition,
whose features do not reflect the scale or proportions of the historic
structure.
O- New detailing has been added that confuse the character of the original
house.
FINISHES
5- All exterior woodwork is painted and masonry unpainted.
3- Wood surfaces are stained or modem in appearance but masonry is
unpainted.
3- Masonry is painted.
TOTAL POINTS (maximum of 15) =
.ASSOCIATION Association is the direct link between an important historic
event or person and a historic property.
5- The property would be generally recognizable to a person who lived in
Aspen in the 19th century.
TOTAL POINTS (maximum of 5) =
BONUS POINTS UNIQUE EXAMPLE
5- The style of the building is unique or one ora small group among thel9th
century high style homes left in Aspen. (i.e. It is Second Empire, Dutch
Revival, or another unusual style.)
OUTBUILDINGS
5-There are outbuildings on the property that were built during the same
period as the house.
PATINA/CHARACTER
5~ The materials have been allowed to acquire the character of age and are
obviously weathered.
MAXIMUM NUMBER OF POINTS= 100 (and up to 15 bonus points)
MINIMUM THRESHOLD FOR DESIGNATION= 50 POINTS
3- No elements of the original landscape are present, but the current
landscape supports the historic character of the home.
0- The current landscape significantly obscures views of the structure.
TOTAL POINTS (maximum of 10) =
MATERIALS Materials are the physical elements that were combined or
deposited during a particular period of time and in a particular pattern or
configuration to form a historic property.
EXTERIOR WOODWORK
5- Most of the original woodwork, including siding, decorative shingles,
trim, fascia boards, etc: remain.
4- Original siding has been replaced, but trim and other elements remain.
3- Original siding is intact but trim or other elements have been replaced.
0- All exterior materials have been removed and replaced. Note that this
factor alone may eliminate a building from consideration, unless the
original form of the building is very intact.
DOORS AND WINDOWS
5- All or most of the original door and window units are intact.
4- Window and door units have been replaced but with generally accurate
reconstructions of the original windows or doors.
3- Windows and/or doors un/ts have been replaced with inappropriate
patterns or styles.
1- Most of the original windows have been replaced and/or new windows
have been added.
0- The size and configuration of most of the original door and window units
or openings have becm altered.
MASONRY
5- Original brick chimney and/or stone foundation remains.
0- Original brick chimney and/or stone foundation are gone.
TOTAL POINTS (maximum of 15) =
WORSHIP Workmanship is the physical evidence of the crafts of a
particular culture or people during any given period in history or prehistory.
DETAILING AND ORNAMENTATION
10-Original detailing is intact.
8- Detailing is discemable such that it contributes to an understanding of its
stylistic category.
SCALE
5- The original scale and proportions of the building are intact.
4- The building has been expanded, but the overall impression of it as a 1 V2
or 2 story structure, with a relatively small footprint, is retained.
3- The building has been expanded and the scale of the original portion is
discernible.
0- The scale of the building has been negatively affected by a large addition,
whose features do not reflect the scale or proportions of the historic
structure.
FRONT PORCH
10-Front porch is not enclosed and original decorative woodwork remains.
8- Front porch is enclosed but maintains open character and some original
materials.
6- The front pomh is not original, but has been restored in an accurate manner,
per the design guidelines.
2- Front porch has been enclosed and most original materials are gone.
0- Original front porch is completely gone.
DOORS AND W1NDOWS
10- The original door and window pattern is intact.
8- Less than 50% of the doors and windows are new and the original
openings are intact.
2- More than 50% of the doors or windows have been added and/or some of
the original opening sizes have been altered.
0- Most of the original door and window openings have been altered.
COMPLEXITY OF DESIGN
5- The overall sense of"elegance" in design and detailing is intact.
0- Detailing has been removed and the building has a "plain" appearance.
TOTAL POINTS (maximum of 50)=
SETTING Setting is the physical environment of a historic property.
PROXIMITY TO SIMILAR STRUCTURES
5- The structure is one of a set (at least three) of buildings from the same
period in the immediate area.
HISTORIC LANDSCAPE FEATURES
5- Certain elements of the original landscape are in place, including, historic
fences, walk'ways, plant materials and trees, and ditches.
INTEGRITY ASSESSMENT- 19TM CENTURY HIGH STYLE RESIDENCE
Integrity is the ability of a property to convey its significance.
LOCATION Location is the place where the historic property was constructed
or the place where the historic event occurred.
5- The structure is in its original location.
4- The structure has been moved within the original site but still maintains
the original alignment and proximity to the street.
3- The structure has been moved to another site, still within the historic
Aspen townsite.
0- The structure has been moved to a location which is dissimilar to the
original site.
TOTAL POINTS (maximum of 5) =
DESIGN Design is the combination of elements that create the form, plan,
space, structure, and style of a property.
BUTLDING FORM
10- The original plan form, based on Sanbome maps, is unaltered. There is no
recent addition.
8- The structure has been expanded but the original plap form is intact and
the addition(s) would meet the design guidelines.
6- The plan form has been altered, but the addition would meet the design
guidelines.
4- The structure has been expanded in a less desirable manner, but if the
addition were removed, at least 50% of the building's original walls would
remain.
2- The structure has been expanded and the addition overwhelms the original
structure and has destroyed more than 50% of the building's original
walls.
0- Two historic structures have been linked together and the original
character of the individual structures is significantly affected.
ROOF FORM
10- The original roof form and the original porch roof are unaltered.
8- The original main roof is unaltered but the pomh roof has been altered.
6- Dormers have been added to the structure or additions have been made
that alter roof form that would meet the current design guidelines.
2- Alterations to the roof have been made in a less sensitive manner.
0- Less than 50% of the original roof form remains.
MAX[MUM NUMBER OF POINTS= 100 (and up to 20 bonus points)
MINIMUM THRESHOLD FOR DESIGNATION= 50 POINTS
WORKMANSHIP Workmanship 'is the physical evidence of the crafts of a
particular culture or people during any given period in history or prehistory.
DETAILING AND ORNAMENTATION
5- The original detailing is intact.
3- Detailing is discernible such that it contributes to an understanding of its
stylistic category.
0- New detailing has been added that confuses the character.of the original
structure.
0- The original detailing is gone.
FINISHES
5- All exterior woodwork is painted and masonry unpainted.
4- All exterior woodwork is painted and masonry is painted.
3- Wood surfaces are stained or modern in appearance but masonry is
unpainted.
2- Wood surfaces are stained or modern in appearance and the masonry is
painted.
TOTAL POINTS (maximum of 10) =
ASSOCIATION Association is the direct link between an important historic
event or person and a historic property.
5- The property would be generally recogrfizable to a person who lived in
Aspen in the 19th century.
TOTAL POINTS (maximum of 5) =
BONUS POINTS
UNIQUE EXAMPLE
5- The design of the building is unique or one of a small group among the
miner's cottages. (i.e.It has Italianate or Second Empire detailing.)
OUTBUILDINGS
4- There are outbuildings on the property that were built during the same
period as the house.
MASONRY
5- Original brick chimneys and/or a stone foundation remains.
PATINA/CHARACTER
5- The materials have been allowed to acquire the character of age and are
obviously weathered.
4
SETTING Setting is the physical environment of a historic property.
PROXIMITY TO SIMILAR STRUCTURES
5- The structure is one of a set (at least three) of buildings fi-om the same
period in the immediate area.
3- The building is part of a neighborhood that has numerous remaining
buildings from the same period.
0- The building is an isolated example from the period.
HISTORIC LANDSCAPE FEATURES
5- A number of elements of the original landscape are in place, including,
historic fences, walkways, plant materials and trees, and ditches.
3- Few or no elements of the original landscape are present, but the current
landscape supports the historic character of the home.
0- The current landscape significantly obscures views of the structure.
TOTAL POINTS (maximum of 10) =
MATERIALS Materials are the physical elements that were combined or
deposited during a particular period of time and in a particular pattern or
configuration to form a historic property.
EXTERIOR WOODWORK
10-Most of the original woodwork, including clapboard siding, decorative
shingles in gable ends, trim, fascia boards, etc. remain.
6- Original siding has been replaced, but trim and other elements remain.
6- Original siding is intact but trim or other elements have been replaced.
0- All exterior materials have been removed and replaced.
DOORS AND WINDOWS
10- All or most of the original door and window units are intact.
8- Some window and door units have been replaced, but with generally
accurate reconstructions of the originals.
6- Most of the original windows have been replaced, but with generally
accurate reconstructions of the originals.
0- Windows and/or doors units have been replaced with inappropriate
patterns or styles.
TOTAL POINTS (maximum of 20) =
0- Less than 50% of the original roof form remains.
SCALE
5- The original one story scale of the building, and its character as a small
cottage is intact.
4- The building has been expanded, but the ability to perceive the original
size of the 3 or 4 room home, is preserved.
3- The building has been expanded and the scale of the ori.ginal portion is
discemible.
0- The scale of the building has been dramatically affected by a large addition,
whose features do not reflect the proportions of the historic structure.
FRONT PORCH
10-The front pomh is not enclosed and original decorative woodwork
remains.
8- The front porch is enclosed but maintains an open character and some
original materials.
6- The front porch is not original, but has been restored in an accurate
manner, per the design guidelines.
2- The front porch has been enclosed and most original materials are gone.
0- The original front porch is completely gone or replaced with a porch
which would not meet the design guidelines.
DOORS AND WINDOWS
10-The typical door and window pattern on the original house is intact- two
doors off the front porch, large double hung windows in gable ends, and
tall, narrow double hung windows placed "sparself' on building walls.
8- Less than 50% of the door and window openings on the original building
are new and the original door and window openings are intact.
2- More than 50% of the door and window openings on the original building
are new and/or some of the original opening sizes have been altered. '
0- Most or all of the original door and window openings have been altered.
SIMPLICITY OF DESIGN
5- The overall sense of "modesty" in design and detailing on the original
structure is intact.
0- New, non-historic trim and other decoration have been added to the
building and have altered its character.
TOTAL POINTS (maximum of 50) =
2
INTEGRITY ASSESSMENT- 19Tu CENTURY MINER'S COTTAGE
Integrity is the ability of a property to convey its significance.
LOCAl?ION Location is the place' where the historic property was constructed
or the place where the historic event occurred.
5- The structure is in its original location.
4- The structure has been moved within the original site but still maintains
the original alignment and proximity to the street.
3- The structure has been moved to another site, still within the historic
Aspen townsite.
0- The structure has been moved to a location which is dissimilar to the
original site.
TOTAL POINTS (maximum of 5) =
DESIGN Design is the combination of elements that create the form, plan,
space, structure, and style of a property.
BUILDING FORM
10-The original plan form, based on Sanbome maps or other authenticating
documentation, is unaltered and there are no recent additions.
8- The structure has been expanded but~the original plan form is intact and
the addition(s) would meet the current design guidelines.
6- The plan form has been more altered, but the addition would meet the
design guidelines.
4~ The structure has been expanded in a less desirable manner, but if the
addition were removed, at least 50% of the building's original wails would
remain.
2- The structure has been expanded and the addition overwhelms the original
structure, destroying more than 50% of the building's original walls.
0- Two historic structures have been linked together and the original
character of the individual structures is significantly affected.
ROOF FORM
10- The original gable, or cross gable, roof form and the original pomh roof
are unaltered.
8- The original main roof is intact but the porch roof has been altered.
6- Dormers have been added to the structure or additions have been made
that alter the roof form, but the changes would meet the design guidelines.
2- Alterations to the roof have been made in a less sensitive manner, not in
conformance with the design guidelines.
Bill Marolt
Bob Maynard
Andy Mill
Klaus Obermeyer
Walter Paepcke
Freidl Pfeifer
Harold "Red" Rowland
Ted Ryan
Gale "Spider" Spence
Frank Willoughby
Briefly comment on the association between the person
and the property:
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Does the property clearly have the distinctive physical
characteristics of a building form or type, architectural
style, engineering technique or example of artistic
values that may be said to have shaped the identity of
Aspen?
A lodge
An institutional building
A ski mountain building
Log construction
Log Kit construction
Rustic Style
Wrightian Style
International Style
Chalet style
Commercial-Themed Architecture
Campus planning
The work of a recognized designer
Briefly comment on what the physical characteristics
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Does the property have some superlative quality, such
as being the "first," "last," or "only," example?
Briefly comment on what that quality is:.
Dick Durrance
Fred Iselin
Marge :md Henry Stein
Fred Braun
Rose and Edgar Stanton
John Herron
Paul H. Nitze
Eve Homeyer
Peggy and Red Rowland
Mortimer Adler
Billy Fiske
TJ Flynn
Jeanne and Wilton Jaffee
Hildur Anderson
Franz Berko
Svea and Lawrence Elisha
Mona Frost
Ruth Humpkreys Brown
Betty Pfister
Nancy and Bob Oden
Ruth Whyte
Claire Sandersen
Jack dePagter
Steve Knowlton
Marian and Ralph Melville
Joy and Sam Caudill
Whip Jones
John and Frank Dolinsek
Bil Dunaway
Tage Pedersen
Harold Wb_itcomb
Isabel and Stuart Mace
A, lberta and Jim Moore
Klans 0bermeyer
Any 10th Mountain division members
Aspenites in the Colorado Ski Hall of Fame, including:
Bob Beattie
Fredric "Fritz" Benedict
Darcey Brown
Adolph Coors 1~I
Dick Durrance
Williarn Hodges, Jr.
Fred Iselin
Steve Knowlton
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WORKSHEET
Yes
No
Can the property be documented to be associated with
an important event, pattern of events, or a historic
trend in Aspen's, Colorado's, or the Nation's
development?
The Development of American Tourism in the 20th Century
The Automobile's Influence on Postwar America
The Expansion of Western Communities in the latter 20th
Century
The Development of 20th Century American Recreation and
Leisure Pursuits
The Development of the Ski Industry
The Development and Spread of the Corporate Humanism
Ethic
Briefly comment on the way in which the property is
associated with the theme:
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Does the property have a strong association with the life
of any of the following people who have made
contributions to National, State, Regional or Local
history?
Aspen Hall of Fame Members, including:
Herbert Bayer
Elizabeth and Walter Paepcke
Friedl Pfeifer
Andre Roch
Ted Ryan
Fritz Benedict
· DRC Brown
Tom Sardy
Frank Willoughby
Courtlandt Barnes
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Historic Context Evaluation for Twentieth Century Resources
Properties which are listed, or are under consideration for listing, on the "Aspen
Inventory of Historic Landmark Sites and Structures," and which are associated with the
19th century will remain designated or be nominated for designation unless they do not
meet a minimum level of "integrity," as evaluated through an "Integrity Assessment
Form." These properties will not have to prove that they individually played a significant
role in Aspen's history because it has been agreed that their antiquity in and of itself is
vitally important to the town.
Properties which are under consideration for listing on the "Aspen Inventory of Historic
Landmark Sites and Structures and which are associated w~th Aspen ~n the 20 century
will be evaluated through a two step process. First, the properties will be reviewed in
relationship to the following worksheet to assess their role in the history of the
community. The property must achieve at least two checkmarks on the worksheet below
to be pursued further. Second, an integrity assessment will be completed to determine
how altered or intact the resoume is based on its architectural style. The property must
reach the minimum threshold score identified on the "Integrity Assessment Form" to be
discussed for designation.
Following the completion of the preliminary evaluation process, the Historic Preservation
Commission will, in public meetings, develop a preservation plan to prioritize which
resources should be nominated for designation.
PREFERENCE FOR HISTORIC PRESERVATION BENEFITS BASED ON A
PROPERTY OWNER SURVEY*
I. Allow a reduction, deferral, or other relief from property tax liability for historic
properties.
2. Allow variances from dimensional requirements (such as setbacks and maximum
floor area.)
Provide exemptions fi'om the Growth Management Quota system (GMQS), to
allow for a simpler review process and to provide reductions or waivers of certain
development costs.
4. Provide funding, in the form of grants or loans, to private property owners for
building repair.
5. Provide assistance in the preparation and submittal of applications for state and
federal tax credits.
6. Allow exemptions from certain requirements of the Uniform Building Code.
Allow transfer of development rights, wherein a property owner could sell
undeveloped floor area from their site for use on another Aspen property in 250
square foot increments. Value will be determined by the market.
8. Provide markers, plaques, and signage to identif~ historic properties and districts.
9. Grant additional development rights, such as the right to subdivide and sell a
portion of the property for the development of another residence.
10. Provide educational materials, or technical expertise, through City staff or
contract services at the City's expense, on subjects related to maintaining,
rehabilitating or restoring historic properties.
11. Facilitate partnerships among various local businesses and organizations to
promote Aspen as a destination for those interested in heritage tourism.
12. Prepare brochures and other information promoting Aspen's historic character.
13. Establish a city fund to acquire historic properties on an "emergency" basis.
*83 out of 370 surveys were returned.
Building Codes (#6 Priority on the Survey)
The Uniform Building Code CLq3C) provides for flexibility in its application to historic
structures. In addition to the UBC, the City has adopted the Uniform Code for Building
Conservation (UCBC) to assist owners in making repairs in a manner which minimizes
intrusion into the historic structure.
PROMOTIONAL EFFORTS
· Cultural HeritaRe Tourism (#11 Priority on the Survey)
Through grants or other outside sources of funding, the City will facilitate collaborative
partnerships among tourist industry sectors, historic property owners and cultural heritage
attractions to create a marketing strategy and marketing products to attract visitors
interested in the distinctive historic character of Aspen.
· Publi,c Education (#12 Priority on the Survey)
The City will prepare brochures, publications and video program that educate residents
and visitors about the significance of designated historic properties.
Preservation Honor Awards
The Aspen Historic Preservation Cowaniss'ion will present an awards luncheon on an
annual basis to recognize exemplary historic preservation efforts.
,'~Historic Markers (#8 Priority on the Survey)
The City will provide a historic marker of a standard design for any owner of a
designated historic property to install on their building. The City may also develop a
marker or signage program to recognize designated historic districts.
Indicates a new benefit.
Exemption from the Growth Management Quota System (#3 Priority on the
Survey)
Change4n-use with no expansion of net leasable square footage requires no impact
mitigation.
Expansions of designated properties are only required to mitigate growth impacts
when net leasable and floor area ratios are increased.
When a development is required to mitigate for affordable housing, the amount of
housing that must be provided on site or through a cash-in-lieu payment is
reduced by 1% for every 1% the project is under the maximum allowed floor area.
Designated properties do not have to compete for Growth Management Quota
System Allocations.
-~Transfer of Development Rights (TDR) (#7 Priority on the Survey)
Owners of designated properties will be allowed to sell unused development fights in
increments of 250 sq. foot to "receiving sites" in the downtown where the City wishes to
facilitate greater density. The free market will determine the value of the TDR's. A deed
restriction will be filed on the "sending site" to show that future development is limited.
The 500 square foot floor area bonus cannot be sold as a TDR.
TECHNICAL ASSISTANCE
·Design Services (gl0 Priority on the Survey)
The City will establish a fund to provide design services to assist property owners in
planning and undertaking improvements to designated HP Properties. The program will
initially be made available only to small lodges for work that includes identification of
specific types of improvements needed, for instance compliance with ADA, preparation
of a "Historic Structures Report," which assesses the overall condition of the building and
provides long term guidance in planning or undertaking maintenance or improvements.
The City will use an RFQ process to identify professionals who have expertise in historic
preservation and who would be available to complete this work on a contract basis. The
maximum expenditure for any one property will be $10,000. This money cannot be used
for the planning of any new construction unless it is restorative in nature.
-~Tax Credit Applications (#5 Priority on the Survey)
City Plarming Staff wilI assist property owners in participating in state and federal
rehabilitation tax credit programs by helping with the preparation of application
materials, undertaking the necessary reviews and obtaining certification. A 20% State
Rehabilitation Income Tax Credits is available for locally designated properties and may be
combined with a 20% Federal Income Tax Credit which is available for income producing
properties listed on the National Register of Historic Places.
-;~Community Initiated Development
The City will consider opportunities to be involved in .'public-privately funded
rehabilitation efforts, building expansion or infill projects that demonstrate good historic
preservation practices.
-~City-owned Building Rehabilitation Fund
The City shall give priority in the Asset Management Plan to budgeting the funds
necessaxy to adequately maintain, rehabilitate or restore City-owned designated
properties.
DEVELOPMENTAL BENEFITS
Dimensional Variances (#2 Priority on the Survey)
The following variances can be approved if it is shown that they are part of a
proposed development which has no negative impact on the character-defining
features of the designated property or historic district.:
Side, rear and fi.om yard setbacks
Minimum required distance between buildings
Maximum floor area may be exceeded up to 500 sq. ft.
Variance to exceed the allowed site coverage by up to 5%
Parking waivers and waivers of cash-in-lieu fees are permitted on sites
tmable to contain the required number of on-site parking spaces required by
under134ng zoning
(3pen space dLmensional requirements may be varied for the on-site
relocation of commercial landmarks
Increased density (#9 Priority on the Survey)
Two detached single family dwelling units or a duplex are allowed on smaller size
lot than is required for a non-designated property in the following zone districts: R-
6, R-15, R-15A, RMF, O
~Historic Landmark Lot Split (#9 Priority on the Survey)
When a designated parcel is at least 9,000 square feet in size, subdivision into two
parcels, neither of which is smaller than 3,000 square feet in size, for the purpose of
creating up to three residential dwelling units is allowed in the following zone
districts: R-6, R-15, R-15A, RIvlF, O.
Waiver of Fees
~Vaiver of Park Dedication Fees may be approved by City Council.
Conditional Uses
Certain land uses may be permitted in a given zone district only for designated
properties. Refer to the zone district information in the Land Use Code for a
complete list.
FINANCIAL BENEFITS
· Rehabilitation Grant Fund (# 4 Priority on the Survey)
The City will offer Rehabilitation Grant Funding Assistance for privately owned
properties. The source of money for this program will be a grant from the State
Historical Fund and/or a contribution from the City General Fund.
The Community Development Department will establish a basic application form for
grant funding. The grant money must be used for preservation related improvements to
the exterior of the building. The owner must provide a 25% cash match. For any
building which the public has access to, the cash match may be spent on the interior for
any activity. For private homes, the cash match shall be for preservation related
improvements to the exterior of the building.
The grant funds shall be awarded on a competitive basis and the maximum award for any
one project shall be 25% of the overall cost of qualified work. The Historic Preservation
Commission shall review applications on a bi-armual basis and make a recommendation
to City Council as to the priority for funding. Council shall fund the grants recommended
by HPC if money is available that calendar year.
· Rehabilitation Loan Fund (#4 Priority on the Survey)
City Council may approve a zero interest loan in an amount up to $25,000 for any property
that is violation of Section 26.415.100 of the Land Use Code, "Demolition by Neglect" or
for any property which is recommended for grant funding by HPC but cannot receive that
money because the annual grant fund has been exceeded. The property owner must indicate
financial need to qualify. These one-time loans are repaid at time of transfer-of-title or at
the end often years, whichever comes first.
· Special Tax Valuation Program (#1 Priority on the Survey)
All properties listed on the "Aspen Inventory of Historic Landmark Sites and Structures"
shall receive a refund of the City portion of their property tax on an annual basis.
· Conservation Easement Program
The City will accept a "Conservation Easement" from a property owner who wishes to
forgo any of the allowed square footage on their property in exchange for a Federal Tax
deduction. A deed restriction will be filed on the site to show that future development is
limited. The 500 square foot floor area bonus cannot be donated as a conservation
easement.
· Acquisition/Relocation Fund (#13 Priority on the Survey)
The City will create a funding source to provide the oppormrfity to acquire or relocate a
historic property that is of significance to the town as a whole in order to prevent
demolition when a "Certificate of Economic Hardship" has been issued. The City could
resell the property to an owner who is willing to rehabilitate the structure.
Introduction
Benefits to encourage good historic preservation practices have been an important
aspect ef Aspen's preservation program since it began. Recognizing that kistoric
resources are a valuable community asset has been the basic premise supporting the
creation of an innovative package of preservation tools that are unlike any other in
the country. We believe in meeting the needs of historic property owners halfway.
Aspen's preservation benefits are in response to tight kistoric preservation controls
that have been legislated by City Councils since 1972. The Community
Development Department and Historic Preservation Commission (I-[PC) are
dedicated to assisting the property owner in ienovating and maintaining their
property.
Aspen is unique. Its historic resources and spirit of community cannot be duplicated
elsewhere in the world. It is this basic character that has helped make this town both
econormcally vital and cherished by many.
Ali properties listed on the "Aspen Inventory of Histor/c Landmark Sites and Structures"
are eligible for the benefits listed below.
26.415.14030 Variances by other City Review Bodies
]/an application for a variance involving a designated property is before the Board of
Adjustment or the Planning and Zoning Commission, the HPC will be given the
opportunity to make a written recommendation as to its approval. The Board of
Adjustment or the Planning and Zoning Commission will not take action on said
development application for a variance pursuant to Chapter 26.314, without receiving the
written recommendation from the I-~C.
26.415.1~40 Penalties
Any person violating the provisions of Sections 26.415.070 through 26.415.100 will be
subject to the general penalty provisions of this Title.
A. Additional Pen alties
Additional penalties for the violation of Sections 26.415.070 thr6ugh 26.415.100 include:
I. Any person who constructs, alters, relocates, changes the appearance or
demolishes a designated property in violation of any section may be required to
restore the building, structure or setting to its appearance prior to the violation.
2. Following notice and public hearing, the HPC shall proh/bit the owner,
successor, or assigns from obtaining a building permit for the subject property for
a period of up to ten (10) years from the date of the violation. The City shall
initiate proceedings to place a deed restriction on the property to ensure
enforcement of this penalty. The property owner shall be required to maintain the
property during that period of time in conformance with the Standards for
Reasonable Care and Upkeep set forth in Section 26.415.100(A).
3. Any variances or historic preservation benefits previously granted to the
property will be subiect to revocation.
26
Section 26.415.070(D). No development application that includes a request for a
Floor Area Bonus may be submitted until after the applicant has met with the
HPC is a work_session to discuss how the proposal might meet the bonus
considerations.
E. Exemption from Growth Management Quota System Requirements
Certain types of development on designated historic properties are exempt fi:om the
Growth Management Quota System and have reduced impact mitigation requirements.
Refer to Section 26.470(C) and (D) for further information.
F. Waiver of Fees
Designated historic properties may apply for the waiver of various City fees if it can be
demonstrated the waiver shall assist in the preservation of the designated historic
property.
26.415.13020 Appeals, Notice to City Council and Call-Up
A. Appeal
Any action by the HPC in approving, approving with conditions or disapproving a
development order and an associated Certificate of Appropriateness for Major
Development, Demolition Approval, or Relocation Approval may be appealed to the City
Council by the applicant or a property owner within three hundred (300) feet of the
subject property in accordance with the procedures set forth in Chapter 26.316.
B. Notice to City Council
Following the adoption of a resolution approving, approving with conditions Or
disapproving a development application for a Certificate of Appropriateness for Major
Development, Demolition Approval or Relocation Approval of a designated property, the
HPC shall promptly notify the City Council of its action to allow the City Council an
opportunity to avail itself of the Call Up procedure set forth in Section 26.415.1320(C
and (D).
c. cau-vp
The City Council may order C~all U-up of any action taken by the HPC as described
~ i__n Section 26.415.07__030(A) within thirty (30) days of the decision, action or
determination. Consequently no associated permits can be issued during the 3O-day call
up period.
D. City C°uncil Action on Appeal or Call-Up
The City Council shall consider the application on the record established before the I-~C.
The City Council shall affirm the decision of the I--[PC unless there is a finding that there
was a denial of due process, or the HPC has exceeded its jurisdiction or abused its
discretion. The City Ceouncil shall take such action as is deemed necessary to remedy
said situation, including, but not limited to: 1. Reversing the decision,
2. Altering the conditions of approval
3. Remanding the application to the IKPC for rehearing
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C. Parking
Parking reductions are permitted for designated historic properties on sites unable to
contain the rcquired number of on-site parking spaces required by the underlying zoning.
Commercial designated historic properties may receive waivers of payment-in-lieu fees
for parking reductions.
I. The parking reduction and waiver of pawnent-in~liue fees ma,/be approved
apon a finding by the HPC that it will enhance or mitigate an adverse impact on
:he historic si~nificance or architectural character of a desi.~nated historic
property, an adioining desi,~nated property or a historic district.
D. Conditional Uses
A variety of conditional uses are allowed for designated historic propm'ties. These uses
are identified in Section 26.710
E. Floor Area Bonus
I. In selected circumstances, the I-[PC may grant up to five hundred (500)
additional square feet of allowable floor area for projects involving designated
historic properties. To be considered for the bonus, it must be demonstrated that:
a-I-. The design of the project meets all applicable design guidelines; and
b.g. The historic building is the key element of the property and the
-addition is is incorporated in a manner that maintains the visual integrity
of the historic building
........ ,,, and/or
c~$. The work restores the existing portion of the building to its historic
appearance; and/or
d.._4. The new construction is reflective of the proportional patterns found
__-in the historic building's form, materials or openings
e.$. The construction materials are of the highest quality; and/or
f.6. An appropriate transition defines the old and new portions of the
building;, and/or
g:.¢. The project retains a historic outbuilding; and/or
h._g. Notable historic site and landscape features are retained.
2. Granting of additional allowable floor area is not a matter of right but is
contingent upon the sole discretion of the HPC and the Commission's
assessments of the merits of the proposed project and its ability to demonstrate
exemplary historic preservation practices. Projects that demonstrate multiple
elements described above will have a greater likelihood of being awarded
additional floor area.
!3. The decision to grant a Floor Area Bonus for Major Development projects will
occur as part of the approval of a Conceptual Development Plan, pursuant to
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26.415.120 Benefits
The City of Aspen is committed to providing support to property owners to assist their
efforts to mainta'm, preserve and enhance their historic properties. Recognizing that these
properties are valuable community assets is the basic premise underlying the provision of
special procedures and programs for designated historic properties and districts.
A. Historic Property Lot Split
This provision provides an exemption from the Subdivision and Growth Management
Quota System, pursuant to 26.480.030 and 26.470.070 allowing owners of designated
historic propeFdes to create a second unit in addition to the h/stori.'c building on their lot
through the subdivision of the property.
1. An application for a lot split of a designated kistoric property may be filed by
the owner by providing the standard information seCfm:hh~ required in Section
26.4EO.020(A)(5)304.
2. The procedure for the review of a historic lot split application is a two-step
process including a public hearing before the HPC and the City Council. Notice
for these hearings includes publication, mailing and posting pursuant to Section
26.304.060 (E)(3) (a)(b) and (c).
3. Staff will review the submittal material and prepare a report with relevant
information and a recommendation to continue, approve, approve with conditions
or disprove and the reason for the recommendation.
¢4. The HPC may approve a resolution, recommending that City Council approve,
approve with conditions or disapprove the application.
4_5. The City Council may, by ordinance, approve, approve with conditions or
disapprove the application.
B. I~ariances
Dimensional variations are allowed for projects involving designated properties to create
development that is more consistent with the character of the historic property or district
than what would be required ';.5~.b_.y the underlying zoning's dimensional standards.
1. The HPC may grant variances of the Land Use code for desighated properties
to allow:
a. Development in the side, rear and front setbacks;
b. Development that does not meet the minimum distance requirements
between buildings;
c. Up to five (5) percent additional site coverage;
d. Less open space than required for the on-site relocation of commercial
historic properties.
2. In granting a variance, the HPC must make a finding that such a variaticnance:
a. Is similar to the pattern, features and character of the histor/c property
or district; and/or
b. Enhances or mitigates an adverse impact to the historic significance or
architectural character of the historic property, an adioining designated
historic property or historic district. ·
23
under the following procedures to require the correction of the defects or repairs
to designated properties_.':
2. Whenever a petition is filed, the Chief Building Official shall attempt to make
direct personal contact with the owner or other such persons having legal
possession, or custody and/or his representative. If personal contact cannot
reasonably be accomplished, then written notification of the specific defects
purported by the HPC and a request to inspect the property within 10 days will be
mailed to the owner and other such persons having legal possession, custody and
control and will be posted at a conspicuous location appropriate to the identified
defects. In the written notification~ the Chief Building Official shall document the
nature of the specific defects and the corrective action ordered.
13. After receiving agreement from the owner, his representatives or other such
persons having legal possession, custody and control of the property for an
inspection, the Chief Building. Official and the lip Officer shall within ten (10)
working days conduct an investigation and prepare a written report determining
whether the property requires work to address conditions set forth in Section
26.415.14~00 (A)(1).
4. If the property is found to contain conditions needing correction, the owner, his
representative or other such persons having legal possession, custody and control
of the property will be served within fourteen (14) days with a complaint
!identifying the property deficiencies and providing notice that a hearing will be
held before a Heating Officer of the City within forty-five (45) days. The purpose
of the heating is to:
a. Receive evidence concerning the charge of deter/oration, and
b. Develop a plan and schedule for making the needed repairs in a
timely fashion, such that the building is stabilized and the deterioration
is arrested, and
c. Ascertain whether the owner and/or other parties intend to make
application for financial assistance from the City to correct the
building defects.
5. Following such notice and hearing, the Hearing Officer will make a
determination if there are any corrections required pursuant to Section 26.415.110
(A)(1) and shall state in writing the findings of fact in support of that
determination. If it is determined that the building or structure is undergoing
.deterioration or if its condition is contributing to deterioration, the owner or other
parties of interest will be served an order to repair those defective elements of the
structure within a reasonable specified time frame.
6. If the owner fails to make the necessary repairs within the identified time
frame, the City may undertake the work to correct the deficiencies that create any
hazardous and unsafe conditions to life, health and property. The expense ofth/s
work will be recorded as a lien on the property.
C. Ap£eal
Within 30 days, the owner may appeal the decision of the Hearing Officer to the
Board of Appeals and Examiners pursuant to the process established in Section
8.08 of the Aspen Municipal Code.
22
7. An acceptable plan has been submitted providing for the safe relocation, repair
and preservation of the building, structure or object including the provision of the
necessary financial security.
26.415.11000 Demolition by Neglect
It is the intent of this ordinance to address the range of circumstances that affect the
preservation of the community's significant historic and architectural resources. It is
further recognized that many historic buildings and structures are lost because of
deterioration from lack of maintenance. Whether this occurs unintentionally or through
deliberate decisions, the result is the same: the loss of community assets. Consequently, it
is declared that the exterior features of any designated building or structure shall be
preserved against decay and deterioration and kept free from structural defects. The
designated structures shall receive reasonable care, maintenance and upkeep appropriate
for their preservation, protection, perpetuation and use.
A. Standards for Reasonable Care and Upkeep
1. The owner, or such other person who may have legal possession, custody, and
control thereof of a designated property shall, upon written request by the City,
repair the following exterior features if they are found to be deteriorating, or if
their condition is contributing to deterioration such that it is likely to compromise
the building's structural integrity or as to create or permit the creation of any
hazardous or unsafe condition to life, health or other property. These features
include, but are not limited to:
a. Deterioration of exterior walls, foundations, or other vertical supports
that causes leaning, sagging, splitting, listing, or buckl~g.
b. Deterioration of flooring or floor supports, or other horizontal members
that causes leaning, sagging, splitting, listing or buckling.
c. Deterioration of external chimneys that cause leaning, sagging, splitting,
listing or buckling.
d. Deterioration or crumbling of exterior plasters or mortars.
e. Ineffective waterproofing of exterior walls, roofs and foundations,
including broken windows or doors.
f. Defective protection or lack of weather protection for exterior wall and
roof coverings, including lack of paint or weathering due to lack of paint
or other protective covering.
g. Rotting, holes and other forms of decay.
h. Deterioration of exterior stairs, porches, handrails, window and door
frames, cornices, entablatures, wall facings, ornamental trim and other
architectural details that cause delamination, instability, loss of shape and
form or crumbling.
B. Enforcement Procedures
1. The HPC may file a petition listing specific defects, in accordance with Section
26.415.110 (A), with the Chief Building Official, requesting that the official act
21
Procedures for the Review of Relocation Request
1. The Community Development Director shall review the application materials
submitted for relocation approval. If they are determined to be complete, the
applicant will be notified in writing of this and a public heating before the HPC
shall be scheduled.
2. Notice for the review of the Relocation Request shall include publication,
posting and mailing pursuant to Sections 26.304.060 (E) (3) (a)(b) and (c).
3. If the relocation request is part of a Major Development project, the
Community Development Director may consolidate and/or modify the review
process accordingly, pursuant to Section 26.304.060 (B).
.4. Staff shall review the submittal material and prepare a report that analyzes the
project's conformance with the Standards for Relocation approval, set forth
3elow; the City of Aspen Historic Preservation Ddesign Ggnidelines and other
applicable Land Use codes sections. This report will be transmitted to the HPC
with relevant information on the proposed project and a recommendation to
continue, approve, disapprove or approve with conditions and the reasons for the
recommendation. The I-[PC will review the application, the report and the
evidence presented at the hearing to determine if the standards for relocation have
been met.
:5. The HPC shall approve, disapprove, approve with conditions or continue the
application to obtain additional information necessary to make a decision to
approve or deny.
6. A resolution of the HPC action will be forwarded to the City Council in
accordance with Section 26.415.132_0 and no relocation will occur until after the
thirty (30) day Call Up period of the City Council has expired.
C. Standards for the Relocation of Designated Properties
Relocation for a building, structure or object will be approved~ if it is determined that it
meets any one of the following standards: ! ~ ~,~ ~u ,,c~,~ r~...:~ ~,~.~
_ . ......................~, .........5 7:
1. It is considered a non-contributing element of a historic district and its
relocation will not affect the character of the historic district; or
;!. It does not contribute to the overall character of the historic district or parcel on
which it is located and its relocation will not have an adverse impact on the
historic district or property; or
3. The owner has obtained a Certificate of Economic Hardship; o._~r
4. The relocation activity is demonstrated to be an acceptable preservation method
given the character and integrity of the building, structure or object and its move
will not adversely affect the integrity of the historic district in which it was
originally located or diminish the historic, architectural or aesthetic relationships
of adjacent designated properties; and
Additionally, for approval to relocate ali of the following criteria must be met:
5. It has been determined that the building, structure or object is capable of
withstanding the physical impacts of relocation; and
6. An appropriate receiving site has been identified; and
20
C. These procedures shall apply to any building located within an area under
preliminary application for designation from the time the application is filed until
the time action is taken on the application by the City Council.
D. Ifa public heating to consider the application for designation is not held by the
City Council within six (6) months of the initiation of the stay, the stay will expire
An additional six-month stay period may be extended by City Council in the form
of a resolution, at a public bearing, with a showing of good cause.
26.415.109090 Relocation of Designated Properties
The intent of this ordinance is to preserve designated historic properties in their
original locations, as much of their significance is embodied in their setting and physical
relationship to their surroundings as w~ll as their association with events and people with
ties to particular site. However, it is recognized that occasionally the relocation of a
property may be appropriate as it provides an alternative to demolition or because it only
has a limited impact on the attributes that make it significant.
A. Application
An application for relocation shall include:
1. The general application information required in Section 26.304.030.
2. A written description and/or graphic illustrations of the building, structure or
object proposed for relocation.
3. A written explanation of the type of relocation requested (temporary, on-site or
off-site) and justification for the need for relocation.
4. A written report from a licensed engineer or architect regarding the soundness
of the building, structure or object, it's the ability to withstand the physical move
and its rehabilitation needs, once relocated.
5. A conceptual plan for the receiving site providing prehminary information on
the property boundaries, existing improvements and site characteristics and the
associated planned improvements.
6. If the applicant does not own the receiving site, proof from the site's property
owner of the willingness to accept the relocated building, structure or object.
7. Evidence that the applicant has or is seeking the necessary approvals to place
the building on the identified receiving site. If the site is outside of the City limits,
verification that the building will be preserved on its new site through a formal
action of the other jurisdiction or ma preservation easement.
8. Evidence of the financial ability to undertake the safe relocation, preservation
and repair of the building, structure or object; site preparation and construction of
necessary infrastructure through the posting of bonds or other fmancial measures
deemed appropriate.
9. Supplementary materials to provide an understanding of the larger context for
the relocated property and its impact on adjacent properties, the neighborhood or
streetscape.
19
C. Procedures for Considering Request for Demolition of Properties Under
Consideration for Designation.
While it is the intent of this ordinance to preserve properties of demonstrated
significance, it is also recognized that all buildings and areas of importance to the general
welfare, prosperity and civic pride of its citizenry cannot be identified, evaluated,
documented and designated at one time. However, it is important to protect properties
which potentially qualify for designation against needless loss until review and hearings
can be completed.
A. No demolition will be permitted for properties under consideration for
designation to the Aspen Inventory of Historic Landmark Sites and Structures
unless demolition approval is issued by the Historic Preservation Commission or
City Council.
B.AII properties under consideration for designation and, therefore, subiect to the
lemporary stay of demolition will be identified on a list maintained by the
Chief Building Official. Property owners will be notified by registered mail that
their property is under consideration for designation and have an opportunity to
review all materials compiled at that time to verify accuracy.
18
Within five (5) days after receipt of an application for a Certificate of
Economic Hardship, the Community Development Director shall determine
whether the application is complete. If he or she determines that the
application is not complete, the Director shall noti~ the applicant in writing
of the deficiencies. The Director shall take no further steps to process the
application until the deficiencies have been remedied.
d. The application fee shall be set to defray all costs of the review process,
including the fees of an independent Hearing Officer.
4. Administrative Process
a. When the application is complete, the Community Development Director will
refer the application to the Historic Preservation Officer and the City Attorney
for review. The Historic Preservation Officer and City Attorney shall iointl¥
prepare a report setting forth the City's response.
In the event the City response concludes that the application does not
demonstrate a case of economic hardship, the application will be set for a
public hearing before a Hearing Officer.
The Hearing Officer will be contracted by the City to conduct an impartial
quasi-judicial hearing on the question of economic hardship. The Officer
shall have sufficient legal and technical experience to conduct a fair hearing in
accordance with appropriate standards of due process. The application, all
support materials and the City's report shall be provided to the Hearing
Officer in advance of the heating. At the hearing, the applicant will be
provided with an opportunity to present his application, and may be
represented by counsel. The Cit,~ position will be presented by the City
Attorney.
5. Appeal
An applicant may appeal the decision of the Hearing Officer to Superior Court
within thirty (30) days of issuance of the Hearing Officer decision.
17
7. If the demolition request is denied because it does not meet the aforementioned
standards, the applicant may request demolition approval based upon a finding of
"Economic Hardship," as set forth below.
8. Before a demolition permit will be issued, a Certificate of Appropriateness for
the redevelopment or reuse plan, as provided for in Section 26.415.070(D), must
be approved. When a demolition permit must be issued because the building,
structure or object is an imminent hazard, or because of the issuance of a
Certificate of Economic Hardship, the permit may be received prior to the
approval of an acceptable re-use plan.
B. Procedures for Obtaining a Certificate of Economic Hardship
1. Purpose: It is the policy of the City of Aspen to respect private property rights.
The: City recognizes, therefore, that there may be some circumstances in which the
operation of this ordinance could create an undue economic hardship. This provision
is created to provide property owners with a means of demonstrating that such a
hardship may exist, and that they should be allowed to demolish a designated historic
property because of that hardship. It is the intent of this provision to insure that no
private property is taken without just compensation., ~ a.~+ ~.~;*.:~:~ :~ ;~ ...... ,~
2. Standard of Review
The standard of review for a determination of economic hardship will be whether
refusing to allow the property owner to demolish the property would result in a
violation of the prohibitions of the U.S. and Colorado Constitutions against taking of
private property for public use without iust compensation, as those prohibitions are
interpreted by the courts of Colorado and the United States. In applying the
standards, the economic benefits of financial, developmental and technical assistance
from the City and the utilization of any federal and state rehabilitation tax credit
programs may be considered.
.3. Application:
:a._~. The property owner seeking a Certificate of Economic Hardship must provide
sufficient information to support the application for a hardship determination. The
HPC shall maintain a written policy statement identifying the types of materials
:required for the consideration of an application for Certificate of Economic
.Hards .................... 'l ................................... ~
............'~'~ .... ;~'~, ......... ..... ~'~ Different submittal materials may be required depending
upon whether the property is residential, commercial or otherwise held fo income
'producing purposes. Necessary studies, evaluation and the compilation of
:required information will be conducted by the owner at his or her expense.
!~. Upon receiving a request for a Certificate of Economic Hardship, the
Community Development Director shall provide a written response within
:fourteen (14) days as to the submittal materials required, a~ua-o~mpte~
16
2. An application for demolition approval shall include:
a. The general application information requested in Section 26.304.030 and
b.Wwritt~n documentation that the Chief Building Official has determined the
building an imminent hazard, or
e:.b. Narrative text, graphic illustrations or other exhibits that provide evidence
that the building, structure or object is of no historic or architectural value
or importance.
3. When complete application materials are on file, a public hearing before the
I-[PC shall be scheduled. Notice for the heating will include publication, mailing
and posting pursuant to Section 26.304.060 (£)(3)(a)Co) and (c). The staffshall
review the submittal material and prepare a staffreport that analyze's the request
relative to the the criteria for approval.- ·
4. The HPC shall review the application, the staff report and hear evidence
presented by the property owners, parties of interest and members of the general
public to determine if the standards for demolition approval have been met.
Demolition willshall be approved, if it is demonstrated that the application meets
any one of the following criteria:_ cfa c bc!c':.' ~.~n-'~ ~,,n'~ ,,~c ~.~.~..~..~ ~'~ ~,.~'
a. The property is an has been determined by the CiW to be an imminent
hazard to public safety and the owner/applicant ' · ..... :":~
~s ........... ~cr unable to
make the needed repairs in a timely manner, or
b. The structure is not structurally sound despite evidence of the owner's
efforts to properly maintain the structure, or
c. The structure cannot practically be moved to another appropriate
location in Aspen, or and
d. No documentation exists to support or demonstrate that the'property has
historic, architectural, archaeological; engineering or cultural significance,
and
Additionally, for approval to demolish, all of the following criteria must be met:
e. The structure does not contribute to the significance of the parcel or
historic district in which it is located, and
f. The loss of the building, structure or object would not adversely affect
the integrity of the historic district or its historic, architectural or aesthetic
relationship to adjacent designated properties and
g. Demolition of the structure will be inconsequential to the historic
preservation needs of the area.
5. The HPC shall approve, disapprove, approve with conditions or continue the
application to obtain additional information necessary to consider the demolition
request.
6. If the HPC approves the demolition request then a resolution of the HPC action
will be forwarded to the City Council in accordance with Section 26.415. l g20 and
no demolition permit will be issued until the th/rty (30) day Call Up period by
City Council has expired.,
15
applicable Land Use codes. This report will be transmitted to the HPC with
relevant information on the proposed revisions and a recommendation to
continue, approve, disapprove or approve with conditions and the reasons for the
recommendation, f. The HPC will review the application, the staff analysis
report and the evidence presented at the hearing to determine the project's
conformance with the City of Aspen Historic Preservation Design Guidelines.
The ItPC may approve, disapprove, approve with conditions or continue the
application to obtain additional information necessary to make a decision to
approve or deny.
26.415.0980 Demolition of Designated Historic Properties
It is the intent of this ordinance to preserve the historic and architectural resources that
have demonstrated significance to the community. Consequently no demolition of
properties designated on the Aspen Inventory of Historic Landmark Sites and Stractures
will be allowed unless approved by the HPC in accordance with the standards set forth in
tiffs section.
A. Procedures for Considering Requests for Demolition of Designated Properties.
1. An application for a demolition permit for designated properties will be filed
with or referred to the Community Development Director by the Chief Building
Official. The applicant will be provided a written response within fourteen (14)
days of the request for a demolition permit describing the submittal materials
needed for consideration.
14
1. Address circumstances discovered in the course of construction that
could not ~ehave been reasonably anticipated during the approval process,
or
2. Are necessar~ for conformance with building safety or accessibility
codes and do not materially ~hange the approved plans, or
3. Approve specific building materials, finishes, desi~ of ornamental trim
and other such detail not provided in the HPC approved plans, or
4.Change the shape, location or mate~al of a building element or feature
but maintains the same quality and approximate appearance of that found
in the approved plans.
b. The Community Development Director may authorize insubstantial
amendments to approved plans.
c. Monitoring Committees established by the H~C, composed of up to two
members of the Commission and the Historic Preservation Officer or assign, may
also authorize insubstantial amendments.
d. Decisions of the Community Development Director or Monitoring Committee
are binding. The Community Development Director or Monitoring Committee
may determine that the proposed changes qualify as a substantial amendment and
remand the matter to the I-[PC.
e. Disapproval of a request for an insubstantial amendment may be appealed to
the HPC to be considered in accordance with the procedures for substantial
amendments_.
f. Approval of insubstantial amendments of plans will be reported to the HPC at
their regularly scheduled meetings.
2. Substantial Amendments
a. All changes to approved plans that materially/nodify the lo~ation, size, shape,
materials, design, detailing and/or appearance of the building elements as
originally depicted must be approved by the HPC as a substantial amendment.
b. An application for a substantial amendment shall include the followifig
materials, as determined appropriate by the Community Development Director:
1. A revised site plan
2. Revised scaled elevations and drawings
3. Representations of building materials and finishes
4. Photographs and other exhibits to illustrate the proposed changes
c. The Community Development Director shall review the application materials
submitted for approval of a substantial amendment and waive any submittals not
considered necessary for consideration.. If they are determined to be complete, the
applicant will be notified in writing of this and a public hearing before the t-[PC
shall be scheduled.
d. Notice for the review of an application for a substantial amendment will
include publication, posting and mailing pursuant to Sections 26.304.060 (E) (3)
(a)(b)(c).
e. Staff shall review the submittal material and prepare a report that analyzes the
extent of the changes relative to the approved plans and how the proposed
revisions affects the project's conformance with the desig~ guidelines and other
13
3. An accurate representation of all major building materials to be used in
the development, depicted through samples or photographs.
4. A statement, including narrative text and/or graphics, indicating how~
the Final Development Plan conforms to representations made an&/or
stipulations placed as a condition of the approval of the Conceptual
Development Plan.
b. The procedures for the review of Final Development Plans for Major
Development projects are as follows:
1.The Commhnity Development Director shall review the application
materials submitted for Final Development Plan approval. If they are
determined to be complete, the applicant will be notified in writing of this
and a public heating before the HPC shall be scheduled. Notice of the
hear/n~ shall br provided pursuant to Section 26.304.060(E)(3)(a),(b) and
(c).
2. Staff shall review the submittal material and prepare a report that
analyzes the project's conformance with the design guidelines and other
applicable Land Use Ceode- Sectionss. This report will be transmitted to
the HPC with relevant information on the proposed project and a
recommendation to continue, approve, disapprove or approve with
conditions and the reasons for the recommendation. The HPC will review
the application, the staff analysis report and the evidence presented at the
hearing to determine the project's conformance with the City of Aspen
Historic Preservation Design Guidelines.
3. 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. If the application is approved, the
HPC shall issue a Certificate of Appropriateness and the Community
Development Director shall issue a Development Order.
4. A resolution of the I-[PC action will be forwarded to the City Council in
accordance with Section 26.415.130 and no permit will be issued for
construction of the project until the thirty (30) day Call Up period by City
Council has expired.
5. Before an application for a building permit can be submitted, a final set
of plans reflecting any or all required changes bi the HPC or CiW Council
must be on file with the City. An'/conditions of approval or outstanding
issues which must be addressed in the field or at a later time shall be noted
on the plans.
E. Amendments, Insubstantial and Substantial
There are two processes for amending plans hhat-ha,,~bee~ approved pursuant tof~- a
Development Order and an associated Certificate of Appropriateness. Ail requests for
amendments, insubstantial or substantial, must be in writing and accompanied by
drawing(s) and elevations, as specified below.
I. Insubstantial Amendments
a. Insubstantial amendments are minor modifications to HPC approved plans that:
12
C. The
2. Staff shall review the submittal material and prepare a report that
analyzes the project's conformance with the design guidelines and oth~
applicable Land Use C~odes Sections. This report will be transmitted to
the HPC with relevant information on the proposed project and a
recommendation to continue, approve, disapprove or approve with
conditions and the reasons for the recommendation. The I-IPC will review
the application, the staff analysis report and the evidence presented at the
heating to determine the project's conformance with the City of Aspen
Historic Preservation Design Guidelines.
3. 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.
effect of approval of a Conceptual Development Plan is as follows:
I. Approval of a Conceptual Development Plan shall not constitute final
approval of a Major Development project or permission to proceed with
the development. Such authorization shall only constitute authorization to
proceed with the preparation of an application for a Final Development
Plan.
2. Approval ora Conceptual Development Plan shall be binding upon
HPC in regards to the location and form of the envelope of the structure(s)
and/or addition(s) as depicted in the Conceptual Plan application including
its height, scale, massing and proportions. No changes will be made to this
aspect of the proposed development by the HPC as part of their review of
the Final Development Plan unless agreed to by the applicant. If the
applicant chooses to makes substantial amendments to.the Conceptual
Design after it has been approved, a new Conceptual Development Plan
heating shall be required.
3. Unless otherwise specified in the Resolution granting Conceptual
Development Plan approval, a development application for a Final
Development Plan shall be submitted within one (1) year of the date of
approval of a Conceptual Development Plan. Failure to file such an
application within this time period shall render null and void the approval
of the Conceptual Development Plan. The Historic Preservation
Commission may, at its sole discretion and for good cause shown, grant a
one-time extension of the expiration date for a Conceptual Development
Plan approval for up to six (6) months provided a written request for
extension is received no less than thirty (30) days prior to the expiration
date.
4. Final Development Plan Review
a. An application for a Final Development Plan shall include:
I. The general application information required in Section 26.304.030.
2. Final drawings of all proposed structures(s) and/or addition(s) included
as part of the development; at ¼" = 1.0' scale
11
Development Director that the proposed project constitutes a Major Development. A
Mai or Development includes one or more of the following activities:
a. The construction of a new structure within a historic district; and/or
b. Alterations to more than three (3) elements of a building fagade including its
windows, doors, roof planes or materials, exterior wall material, dormers,
porches, exterior staircase, balcony or ornamental trim; and/or
c. The expansion ora building increasing the floor area by more than two hundred
and fifty (250) square feet; and/or
...................... ~ ...... kiztoric
~_. Any new development that has not been determined to be Minor Development.
2. The procedures for the review of Major Development projects include a two-step
process requiring approval by the HPC of a Conceptual Development Plan, and then a
Final Development Plan. Ifa Major Development project involves additional City
Land Use approvals, the Community Development Director may consolidate and/or
modify the review process accordingly, pursuant to Section 26.304.060 03).
3. Conceptual Development Plan Review
a. An application for a Conceptual Development Plan shall include the following:
1. The general application information required in Section 26.304.030.
2. A site plan and survey showing property boundaries, the location and
orientation of existing and proposed improvements and predominant site
characteristics.
3. Scaled drawings of all proposed structure(s) or addition(s) depicting
their form, including it: thctheir height, massing, scale, proportions and
roof plan; and the primary features of all elevations.
4. Preliminary selection of primary building materials to be used in
construction represented by samples and/or photographs.
5. Supplementa_l~ materials to provide a visual description of the context
surrounding the designated historic property or historic district including
at least one (t) of the following: diagrams, maps, photographs, models or
streetscape elevations.
b. The procedures for the review of Conceptual Development Plans for Major
Development projects are as follows:
1 .The Commun/ty Development Director shall review the application
materials submitted for Conceptual or Final Development Plan approval.
If they are determined to be complete, the applicant will be notified in
writing of this and a public hearing before the I-[PC shall be scheduled.
Notice of the hearing shall be provided pursuant to Section
26.304.060(E)(3)(a),(b), and (c).
10
d. Alterations that are made to r~on-historic portions of a designated historic
property that do not qualify for a Certificate of No Negative Effect, or
e. The erection of street furniture, signs, public art and other visible
improvements within designated historic districts of a magnitude or in numbers
such that the cumulative impact does not allow for the issuance of a Certificate of
No Negative Effect.
The Community Development Director may determine that an application for work on a
designated historic property involving multiple categories of Minor Development may
result in the cumulative impact such that it is considered a Major Development. In such
cases, the applicant shall apply for a Major development review in accordance with
Section 26.415.070 (D).
2. An application for Minor Development shall include the following:
a. The general application information required in Section 26.304.030.
b. Scaled elevations and/or drawings of the proposed work and its relationship to
the designated historic buildings, structures, sites and features within its vicinity.
c. An accurate representation of all building materials and finishes to be used in
the development
d. Photographs and other exhibits, as needed, to accurately depict location, extent
and design of proposed work.
3. The procedUres for the review of Minor Development projects are as follows:
a. The Community Development Director will review the application materials
and if they are determined to be complete, schedule a public heating before the
HPC. The subject property shall be pos.ted pursuant to Section
26.304.060(E)(3)(b).
b. Staff shall review the submittal material and p3epare a repo/t that analyzes the
project's conformance with the design guidelines and other applicable Land Use
Cc-ode Sectionss. This report will be transmitted to the HPC with. relevant
information on the proposed project and a recommendation to approve,
disapprove or approve with conditions and the reasons for the recommendation.
The HPC will review the application, the report and the evidence presented at the
hearing to determine the project's conformance with the City of Aspen Historic
Preservation Design Guidelines.
c. The HPC shall approve, disapprove, approve with conditions or continue the
application to obtain additional information necessary to make a decision to
approve or deny. If the application is approved, the HPC shall issue a Certificate
of Appropriateness and the Community Development Director shall issue a
Development Order.
d. The HPC decision shall be final unless appealed by the applicant or a
'landowner within three hundred (300) feet of the subject property in accordance
with the procedures set forth in Chapter 26.316.
D. Certificate of Appropriateness for Major Development
1. The review and decision on the issuance of a__Certificate of Appropriateness for
Major Development shall begin with a determination by the Community
9
The following work may be. apprcvcd shall be considered for-as a Certificate of
No Negative Effect:
a. Replacement or repair of architectural features which creates no change to
the exterior physical appearance of the building or structure.
b. Replacement or repair of architecturai features that restores the building or
structure to its historic appearance.
c. Installation of awnings, c-,a~mpies or similar attachments provided no
significant feature is damaged, removed or obscured by the installation.
d. Fencing that has no adverse effect on the historic or architectural character
of the property
e. Mechanical equipment or accessory features that have no impact on the
character-defining features of the building or structure.
f. Signs which have no effect on the character-defining features of the
historic property.
g. Alterations to non-contributing buildings within historic districts that have
no adverse effect on its historic or architectural character.
h.
Alteration to no more than two elements of non-primary fagades of a
designated building.
The Development Order and associated Certificate of No Negative Effect shall
expire and become null and void after three (3) years fi.om the date of issuance by
r_he Community Development Director unless a building permit is issued within
that t/me.
unity D .... *'~ ......... :m~ ,~
In the event that the Comm evelopment Director ~: ................... t, ,v
iss'ae determines that the issuance a Certificate of No Negative Effect is not
appropriate, the owner may apply for a Certificate of Appropriateness from the
.H]?C.
C. Certificate of Appropriateness for a Minor Development..~.r'~":c'.~.~-.~ ..... v~r
1. The review and decision on the issuance of a Certificate of Appropriateness for
Minor Development shall begin with a determination by the Community
Development Director that the proposed project constitutes a Minor Development.
Minor Development work includes:
a. Expansion or erection ora structure wherein the increase of the floor area of the
structure is two hundred and fifty (250) square feet or less, or
5. Alterations to a building fagade, windows, doors, roof planes or material,
exterior wall materials, dormer pomh, exterior staircase, balcony or ornamental
trim when three (3) or fewer elements are affected and the work does not qualify
for a Certificate of No Negative Effect, or
c. Erection or installation of ain combination or in multiples of awning, canopies,
mechanical equipment, fencing, signs, accessory features and other attachments to
designated properties such that the cumulative impact does not allow for the
:issuance of a Certificate of No Negative Effect, or
benefits to designated historic properties or grant these benefits conditional upon the
subsequent designation of the property.
26.415.070 Development involving Designated Historic Property
No building or structure shall be erected, constructed, enlarged, altered, repaired,
relocated or improved involving a designated historic property or district until plans or
sufficient information has have been submitted to the Community Development Director
and approved in accordance with the procedures established for exempt activities, minor
work and minor or major development. An application for a building permit cannot be
submitted without a Development Order.
A. Exempt Development
1. Selected activities are exempted f~om the development review procedures
including interior remodeling, paint color selection, exterior repainting or replastering
similar to the existing finish or routine maintenance such as caulking, replacement of
fasteners, repair of window glazing or other such minimally intrusive work2
2. If there is any question ifa work activity qualifies as exempt the Community
Development Director shall make the determination as to its eligibility.
B. Certificate of No Negative Effect
1. An application for a Certificate of No Negative Effect maybe made to the
Community Development Director for approval of work that has no adverse effect
on the physical appearance or character-defining features of a designated
property. An application for a Certificate of No Effect may be approved by the
Community Development Director with no further ?eview if it. meets the
requirements set forth in the following sSecfion 26.415.070 03)(2):
The Community Development Director willshall issue a Development Order
based upon a Certificate of No Negative Effect within fourteen (14) days after
receipt of a complete application if:
a. It is determined that the activity is an eligible work item and meets the
City of Aspen Historic Preservation Design Guidelines, and
b. Any modifications to the proposed work requested by the Community
Development Director are agreed to by the owner/applicant, and
c. The proposed work will not diminish, eliminate or adversely affect the
significant historic and/or architectural character of the subject property or
historic district in which it is located.
3. An application for a Certificate of No Negative Effect shall include the following:
a. The general application information required in Section 26.304.030.
b. Elevations or drawings of the proposed work.
c. Photographs, building material samples and other exhibits, as needed, to
accurately depict location, extent and design of proposed work.
7
City of Aspen.
26.415.060 Effect of Designation
A. Approvals Required.
Any development involving properties designated on the Aspen Inventory of Historic
Landmark Sites and Structures as an individual building or located in a historic district,
unless determined exempt, requires the approval of a Development Order and either a
Certificate of No Negative Effect or a Certificate of Appropriateness before a building
permit or any other work authorization will be issued by the City.
B. Des(gn Guidelines
1. The l-l~C has adopted design guidelines, herein and after referred to as the City of
Aspen llistoric Preservation Design Guidelines, in accordance with the procedures for
notice and public hearings set forth in Section 26.304.060.E (3)(a). These guidelines that
set forth the standards necessary to preserve and maintain the historic and architectural
character of designated properties and districts. The standards apply to the exterior
features and/or notable streetscape and landscape elements of the designated historic
property and/or district. These guidelines are intended to offer assistance to property
owners undertaking construction, rehabilitation, alterations, changes in exterior
appearance or any other development involving designated historic properties or districts.
The guidelines will be periodically reviewed by the HPC and amendedr at a public
hearin~_as needed_.:
2. The "City of Aspen Historic Preservation Design Guidelines," as amended, which are
on file with the Community Development Department, will be used in the review of
requests of Certificates of No Negative Effect or Certificates of Appropriateness.
Conformance with the applicable guideline§ and the Common Development Review
Procedures set forth in Chapter 26.304 will be necessary for the approval of any proposed
work.
C. Special Consideration
1. To preserve and maintain the historic and architectural character of designated
properties, the HPC a~n&/or City Council may approve variations from the dcva!cpment
standard: dimensional requirements set forth in the Land Use Code and may make
recomrnendations to the Chief Building Official who has the authority to grant certain
exceptions from the Uniform Building Code CUBC) through the provisions of the
Uniform Code for Building Conservation (UCBC). These modifications may not change
the applicable safety and permit requirements and must also follow the procedures
provided for modifications set forth in the UCBC.
2. Designated historic properties ar~ewi!! be eligible for and have priority to participate in
City programs related to financial, developmental or technical assistance that will serve
to preserve, maintain or enhance their historic and architectural character.
authorities, including City Council
3. All City ......
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3. The HPC shall evaluate the application to determine if the property or district
meets the criteria for designation. At the public hearing the property owner,
parties of interest and citizens shall have an opportunity to provide information
about the property or district's eligibility for designation. The HPC may
recommend approval, disapproval or continuance of the application to request
additional information necessary to make a decision to approve or deny. Their
recommendation will shall be forwarded to City Council.
4. Upon receipt of the decision, report and recommendations of the HPC, the City
Councir ,;.,il! shall schedule a hearing on the application in accordance with the
notice requirements for adopting an ordinance. Council shall evaluate the
application to determine if the property or district meets the criteria for
designation. At the public hearing the property owner, parties of interest and
citizens shall have an oppommity to provide information about the property or
district's eligibility for designation. The Council may approve, disapprove or
continue the application to request additional information necessary to make a
decision to approve or deny.
5. If an application is denied, the HPC or City Council may not file a
reapplication for designation on the Aspen Inventory of Historic Landmark, Sites
and Structures for five (5) ,/ears from the date of the City Council disapproval.
26.415.040 Recordation of Designation
Upon the effective date of an ordinance by City Council designating a property on the
Aspen Inventory of Historic Landmark Sites and Structures, the City Clerk shall record
with the real estate records of the Clerk and Recorder of Pitkin County, Colorado, a
certified copy of the ordinance including a legal description of the propcn'ty. The location
of properties designated by ordinance also will shall be indicated on the official maps of
the City that are maintained by the Community Development Department.
26.415.050 Rescinding Designation
A. .~pplication and Review.
An application for r~mocmg the removal of a property from the Aspen Inventory of
Historic Landmark Sites and Structures shall follow the same submission requirc~rnents ·
and re¥iew procedures as for designation described in this Chapter except that with
respect to Section 26.415.030(C)(4) an explanation shall be provided describing why the
property no longer meets the criteria for designation and in Section 26.415.030 (D)(3)
and (4). T-the Il:PC and City Council wi!!~hall determine if sufficient evidence exists that
the property no longer meets the criteria for designation and, if so, shall remove the
propert`/from the Inventory.
B. Reapplication.
If a request for rescinding designation is denied, an application cannot be filed again for
a period of two years from the date of the denial by the City Council. The time limitation
of this subsection may be waived by a majority vote of the City Council when such action
is deemed necessary to prevent injustice or facilitate the proper development of the
5
2. A property, whatever its age, that possesses sufficient integhty of
location, setting, desi,ma, materials, workmanship, and association and
is as:cciatc~ related to w?,.k one or more of the following:
a. An event, pattern or trend that has made a significant contribution to
local, state, regional or national history;
b. People whose specific contribution to local, state, regional or national
history can be identified and documented,
c. A physical design that embodies the distinctive characteristics of a type,
period or method of construction, or represents the technical or aesthetic
achievements of a recognized designer, craftsman or design philosophy,_.
and
C. Application
The property owner(s), the Historic Preservation Commission (HPC) or the City Council
may file an application for designation ora building, district, site, structure or obiect on
the Aspen Inventory of Historic Landmark Sites and Structures. The application for the
designation afa property or collection of properties shall include the following:
1. The applicable information required in Section 26.304.030(B)(1),(2),(3) and (4).
2. Site or historic district boundary map.
3. Property or district description including narrative text, photographs and/or other
graphic materials that document its physical characteristics.
4. Written description of how the property meets the criteria for designation.
5. Identification of the character-defining features that distinguish the entity which
~.~ *~'~...~. should be preserved.
D. Review, Public Hearings & Notice.
1. An application for designation on the Aspen Inventory of Historic Landmark
Sites and Structures will be transmitted to the Commurfity Development Director
to determine if the application is complete. For applications filed with sufficient
information, a report will be prepared by City staff for transmittal to the HPC with
the relevant information on the proposed historic property or district with a
recommendation to approve or disapprove and the reasons for the
recommendation.
2. A date for a public hearing on a completethe application will be scheduled
before the HPC. Notice of the hearing shall be provided according to the
provisions of Section 26.304.060.E3 (a)(b)(c) except when the HPC or City
Council is the applicant. When the HPC or City eCouncil is the applicant, notice
of the hearing will be mailed to the property owner(s) within 300 feet of the
property and posted on the subject property for at least thirty (30) days prior to the
hearing. Notice to the propery owner shall be by registered mail. In the event that
there is no evidence that the property owner received actual notice, the HPC may
specify that additional measures be taken.
4
Rehabilitation - Making a building or structure sound and usable without attempting to
restore to a particular period appearance while retaining the character-defining features.
Relocation- Moving a building or structure from its original e~, historically significant,
or existing location to another location.
Repair - To restore to a sound or good state after decay, dilapidation or partial
destruction.
Restore - The repair or recreation of the original architectural elements or features of a
historic property so that it resembles an appearance it had at some previous point in time
Significance - The documented importance of a property for its contribution to or
representation of broad patterns of national, regional of local history, architecture,
engineering, archaeology and culture
Site - The location of a signi;ficant event, a prehistoric or historic occupation or activity
or a building or structure, whether standing, mined or vanished, where the location itself
possesses historic, cultural or archaeological value regardless of the value of any existim,
structure.
Structure - A term used to.distinguish from buildings those functional constructions
made for purposes other than creating human shelter.
26.415.030 Designation of Historic Properties
The designation of properties to an official list, that is known as the Aspen Inventory
of I-Iistoric Landmark _S$ites and Structures and maintained by the City of Aspen, is
intended to provide a systematic public process to determine what buildings, areas and
features of the historic built environment are of value to the community. Designation
provides a means of deciding and communicating, in advance of specific issues or
conflicts, what properties are in the public interest to protect.
A. Establishment of the Aspen Inventory of Historic Landmark Sites and Structures.
The Aspen Inventory of Historic Landmark Sites and Structures has been established by
City Council to formally recognize those districts, buildings, structures, sites and objects
located in Aspen that have special significance to United States, Colorado or Aspen
history, architecture, archaeology, engineering or culture. The location of properties listed
on the Inventory are indicated on maps on file with the Community Development
Department.
B. Criteria.
To be eligible for designation on the Aspen Inventory of Historic Landmark Sites and
Structures, an individual building, site, structure or object or a collection of buildings,
sites, structures or objects must have a demonstrated quality of significance. The
significance of properties will be evaluated according to the following criteria:
1. A property is deemed significant for its antiquity, in that it is:
a. More than 100 years old; and
b. It possesses an appropriate degree of integrity of location, setting,
design, materials, workmanship and association, given its age or
3
Certificate of Appropriateness -An official form issued by the City stating that the
proposed work on a designated historic property is compatible with its historic and
architectural character and, therefore, the work may be completed as specified in the
Certificate and the City may issue any permits needed to do the work specified in the
Certificate.
Certificate of No Negative Effect - An official form issued by the City stating that the
proposed work will have no detrimental effect on the character-defining features of a
designated property and, therefore, the work may proceed as specified in the Certificate
without obtaining further approvals under this Chapter and the City may issue any
permits needed to do the work in the specified Certificate.
Certificate of Demolition approval - An official form issued by the City authorizing the
issuance ora demolition permit for a designated historic property or for a building or
structure located in a desimaated historic district.
Certificate of Economic Hardship - An official form issued by the City, in connection
with a Certificate of Demolition Approval, that allows the demolition of a designated
historic property as the owner has demonstrated that maintaining it will impose an
economic hardship.
Contributing Resource - A building, site, structure or obiect that adds to the historic
associations, historic architectural qualities or archaeological values for which a property
or district is considered significant
Designated Property- A property listed on the Aspen Inventor,/of Historic Landmarks
Sites and Structures.
Historic District - A collection, concentration, linkage or continuit~ 0fbuildings,
structures, sites or objects united historically or aesthetically by plan or physical
development.
Integrity- The ability of property to convey its significance relative to th& aspects of
location, setting, design, materials, workmanship and association.
Lc~;:dr,:c;rlc
Monitoring Committee - A subcommittee appointed by the Historic Preservation
Commission of up to two (2) Commission members and the Historic Preservation Officer
to provide oversight in the implementation of rehabilitation
Non-contributing Resource - A building, structure, site or object that does not add to the
historic architectural qualities or historic associations for which a property or district is
significant because it was not present during the period of significance or does not relate
to the documented significance; or due to alterations, additions, disturbaces or other
changes, it no longer possesses historic integrity.
Obiect - A term used to distinguish buildings and structures from those constructions that
are primarily artistic in nature or small in scale and simply constructed. It may be by
nature c,r design movable, but it is associated with a specific setting and environment
2