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HomeMy WebLinkAboutresolution.hpc.023-2002RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC) RECOMMENDING COUNCIL APPROVAL OF A HISTORIC LANDMARK LOT SPLIT AND APPROVING AN APPLICATION FOR MAJOR DEVELOPMENT (CONCEPTUAL), VARIANCES, AND TEMPORARY RELOCATION FOR THE PROPERTY LOCATED AT 635 W. BLEEKER STREET, LOTS A-C, BLOCK 24, CITY AND TOWNSITE OF ASPEN, COLORADO RESOLUTION NO. 23, SERIES OF 2002 PARCEL ID: 2735-124-44-001 WHEREAS, the applicants, Randall and Allison Bone, represented by Consortium Architects, have requested approval for a Historic Landmark Lot Split, Major Development Review (Conceptual), On-site Relocation, and Variances for the property located at 635 W. Bleeker Street, Lots A-C, Block 24, City and Townsite of Aspen, Colorado. The property is listed on the "Aspen Inventory of Historic Landmark Sites and Structures;" and WHEREAS, in order to complete a Historic Landmark Lot Split, the applicant shall meet the following requirements of Aspen Land Use Code: Section 26.480.030(A)(2) and (4), Section 26.470.070(C), and Section 26.415.010(D.) 26.480.030{A)(2}~ Subdivision Exemptions~ Lot Split The split ora lot for the purpose of the development of one detached single-family dwelling on a lot formed by a lot split granted subsequent to November 14, 1977, where all of the following conditions are met: The land is not located in a subdivision approved by either the Pitkin County Board of County Commissioners or the City Council, or the land is described as a metes and bounds parcel which has not been subdivided after the adoption of subdivision regulations by the City of Aspen on March 24, 1969; and No more than two (2) lots are created by the lot split, both lots conform to the requirements of the underlying zone district. Any lot for which development is proposed will mitigate for affordable housing pursuant to Section 26.100.040(~1)(1)(c). c) The lot under consideration, or any part thereof, was not previously the subject of a subdivision exemption under the provisions of this chapter or a "lot split" exemption pursuant to Section 26.100. 040(C)(1)(a); and A subdivision plat which meets the terms of this chapter, and conforms to the requirements of this title, is submitted and recorded in the office of the Pitkin County clerk and recorder after approval, indicating that no further subdivision may be granted for these lots nor will additional units be built without receipt of applicable approvals pursuant to this chapter and growth management allocation pursuant to Chapter 26.100. Recordation. The subdivision exemption agreement and plat shall be recorded in the office of the Pitkin County clerk and recorder. Failure on the part of the applicant to record the plat within one hundred eighty (180) days following approval by the City Council shall render the plat invalid and reconsideration of the plat by the City Council will be required for a showing of good caus~ In the case where an existing single-family dwelling occupies a site which is eligible for a lot split, the dwelling need not be demolished prior to application for a lot split. Maximum potential buildout for the two (2) parcels created by a lot split shall not exceed three (3) units, which may be composed of a duplex and a single-family hom~ 26.480.030(A)(4)~ Subdivision Exemptions~ Historic Landmark Lot Split The split ora lot that is listed on the Aspen Inventory of Historic Landmark Sites and Structures for the development of one new single-family dwelling may receive a subdivision exemption if it meets the following standards: a. The original parcel shall be a minimum of six thousand (6,000) square feet in size and be located in the R-6, R-15, R-15A, RMF, or O zone district. b. The total FAR for both residences shall be established by the size of the parcel and the zone district where the property is located. The total FAR for each lot shall be noted on the Subdivision Exemption Plat. In the Office zone district, the following shall apply to the calculation of maximum floor area for lots created through the historic landmark lot split. Note that the total FAR shall not be stated on the Subdivision Exemption Plat because the floor area will be affected by the use established on the property: If all buildings on what was the fathering parcel remain wholly residential in use, the maximum floor area will be as stated in the R-6 zone district. If any portion of a building on a lot created by the historic landmark lot split is in commercial/office use, then the allowed floor area for that lot shah be the floor area allowed for ali uses other than residential in the zone district. If the adjacent parcel created by the lot split remains wholly in residential use, then the floor area on that parcel shall be limited to the maximum allowed on a lot of its size for residential use according to the R-6 standards. If there is commercial/office use on both newly created lots, the maximum floor area for all uses other than residential in the zone district will be applied. Page: 2 of 6 SILVIA DAVIS PITKIN COUNTY CO R 30.00 D 0.00 c. The proposed development meets all dimensional requirements of the underlying zone district. The variances provided in Section 26.415.120(B)(1)(a),(b), and (c) are only permitted on the parcels that will contains a historic structure. The FAR bonus will be applied to the maximum FAR allowed on the original parcel; and WHEREAS, Section 26.415.070 of the Municipal Code states that "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 have been submitted to the Community Development Director and approved in accordance with the procedures established for their review; and WHEREAS, for Conceptual Major Development Review, the HPC must review the application, a staff analysis report and the evidence presented at a hearing to determine the project's conformance with the City of Aspen Historic Preservation Design Guidelines per Section 26.415.070.D.3.b.2 and 3 of the Municipal Code and other applicable Code Sections. 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; and WHEREAS, in order for HPC to grant an FAR bonus, per Section 26.415.110.E, HPC must find that: 1. In selected circumstances the HPC 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. The design of the project meets all applicable design guidelines; and b. The historic building is the key element of the property and the addition 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. The new construction is reflective of the proportional patterns found in the historic building's form, materials or openings; and/or e. The construction materials are of the highest quality; and/or f. An appropriate transition defines the old and new portions of the building; and/or g. The project retains a historic outbuilding; and/or h. Notable historic site and landscape features are retained; and WHEREAS, in order to grant a parking reduction, per Section 26.415.110.C, the following standard must be met: The parking reduction and waiver of payment-in-lieu fees may be approved upon a finding by the HPC that it will enhance or mitigate an adverse impact on the historic significance or architectural character o fa designated historic property, an adjoining designated property or a historic district; and WHEREAS, in order to grant an exemption from the method for calculation of the FAR of garages, per Section 26.314.040, the I-[PC must make a finding that the following three (3) circumstances exist: 1. The grant of variance will be generally consistent with the purposes, goals, objectives, and policies of the Aspen Area Community Plan and this Title; 2. The grant of variance is the minimum variance that will make possible the reasonable use of the parcel, building or structure; and 3. Literal interpretation and enforcement of the terms and provisions of this Title would deprive the applicant of rights commonly enjoyed by other parcels in the same zone district, and would cause the applicant unnecessary hardship or practical difficulty. In determining whether an applicant's rights would be deprived, the board shall consider whether either of the following conditions apply: c~ There are special conditions and circumstances which are unique to the parcel, building or structure, which are not applicable to other parcels, structures or buildings in the same zone district and which do not result from the actions of the applicant; or b. Granting the variance will not confer upon the applicant any special privilege denied by the Aspen Area Community Plan and the terms of this Title to other parcels, buildings, or structures, in the same zone district; and WHEREAS, in order to approve Relocation of a historic structure, per Section 26.415.090.C, the HPC must find that the proposal meets any one of the following standards: 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 2. 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; or 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 Additionali¥~ for approval to relocate all of the following criteria must be met: 1. It has been determined that the building, structure or object is capable of withstanding the physical impacts of relocation; and 2. An appropriate receiving site has been identified; and 3. 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; and WHEREAS, Amy Guthrie, in her staff report dated June 12, 2002, performed an analysis of the application based on the standards, and recommended that the project be approved, except for On-Site Relocation of the historic house, with conditions; and WHEREAS, at their regular meeting on June 12 2002, the Historic Preservation Commission considered the application, found the application was consistent with the "City of Aspen Historic Preservation Design Guidelines" and other applicable sections of the Municipal Code, except for On-Site Relocation, and approved the application with conditions by a vote of 5-0. NOW, THEREFORE, BE IT RESOLVED: HPC recommends council approve the Historic Landmark Lot Split application for 635 W. Bleeker Street, Lots A-C, Block 24, City and Townsite of Aspen, Colorado, and that the HPC approves Major Development Review (Conceptual), and Variances with the conditions listed below. HPC denies the request to move the location of the historic house on the site be denied finding that the review criteria are not met, but approves installation of a basement under the house in its existing location. 1. The HPC hereby approves a 500 square foot FAR bonus, waiver of one parking space for Lot A, a five foot rear yard setback variance and a five foot west sideyard setback variance for the existing historic garage, and a variance fi.om the method for calculating the floor area for the historic garage so that it receives the typical exemption despite the fact that it is not accessed from the alley. 2. Ifa tree removal permit is approved for the trees along the alley of Lot A at some point in the future, and this results in there being sufficient open area to provide a parking space, the space will have to be installed, after approval of a site plan by the Historic Preservation Officer, within 6 months of the date that the trees are removed. 3. The proposed skylight must be eliminated from the west side of the historic house. 4. On-site relocation of the house is not approved, but temporary relocation to install a basement under the house in its existing location is approved if the applicant provides a structural report demonstrating that the buildings can be moved and/or information about how the house will be stabilized from the housemover, a bond or letter of credit in the amount of $30,000 to insure the safe relocation of the structure, and a relocation plan detailing how and where the building will be stored. 5. A subdivision plat and subdivision exemption agreement shall be reviewed and approved by the Community Development Department and recorded in the office of the Pitkin County Clerk and Recorder within one hundred eighty (180) days of final approval by City Council. Failure to record the plat and subdivision exemption agreement within the specified time limit shall render the plat invalid and reconsideration of the plat by City Council will be required for a showing of good cause. As a minimum, the subdivision plat shall: a. Meet the requirements of Section 26.480 of the Aspen Municipal Code; 07/05/2002 10: ~.Sgl SILVIA DAVIS PITKIN COL~NT¥ CO R 30.00 D 0.00 b. Contain a plat note stating that the lots contained therein shall be prohibited from further subdivision and any development of the lots will comply with the applicable provisions of the Land Use Code in effect at the time of application; c. Contain a plat note stating that all new development on the lots will conform to the dimensional requirements of the Office zone district, except the variances approved by the HPC. d. The FAR on the two lots created by this lot split shall be allocated as follows: Lot A shall receive 2,180 square feet and Lot B 2,400 square feet, which shall be noted on the plat. 6. HPC recommends that most of the mature lilacs on the property be preserved (and pruned if desired) if possible. APPROVED BY THE COMMISSION at its regular meeting on the 12th day of June, 2002. Approved as to Form: David Hoefer, Assistant (~ity Attorney Approved as to content: It I ~~~.~ lt(ff~T I O~O N Suzan~ah ~I1, Chair ATTEST: Kathy Strickland, Chief Deputy Clerk