HomeMy WebLinkAboutresolution.hpc.038-2002RESOLUTION 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 ON-SITE RELOCATION FOR THE PROPERTY
LOCATED AT 533 W. FRANCIS STREET, LOTS A-C, BLOCK 28, CITY AND
TOWNSITE OF ASPEN, COLORADO
RESOLUTION NO. 38, SERIES OF 2002
PARCEL ID: 2735-124-25-001
WHEREAS, the applicant, David Gibson, represented by Haas Land Planning, LLC, has
requested approval for a Historic Landmark Lot Split, Major Development (Conceptual) Review,
On-Site Relocation, Setback Variances, and a 500 square foot FAR bonus for the property
located at 533 W. Bleeker Street, Lots A-C, Block 28, 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 of a lot for the purpose of the development of one detached single-family dwelling on a
lot formed by a lot split granted subsequent to November 14, 1977, where all of the following
conditions are met:
The land is not located in a subdivision approved by either the PitMn 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. .4ny lot for which development is
proposed will mitigate for affordable housing pursuant to Section
26.100.040(A)(1)(c).
c)
The lot under consideration, or any part thereof, was not previously the subject ora
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.
e)
Recordation. The subdivision exemption agreement and plat shah be recorded in
the office of the PitMn 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 shah render the plat invalid and reconsideration of
the plat by the City Council will be required for a showing of good cause.
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 shah not
exceed three (3) units, which may be composed of a duplex and a single-family
home; and
26.480.030(A)(4), Subdivision Exemptions, Historic Landmark Lot Split
The split of a 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 usc established on thc 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 shall be the floor area
allowed for all 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.
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
26.470.070(C), GMQS Exemption, Historic Landmark Lot Split
The construction of each new single-family dwelling on a lot created through review and
approval of an Historic Landmark Lot Split shall be exempt from the scoring and competition
procedures. The exemption is to he approved by the Community Development Director, but is
not to be deducted from the respective annual development allotments or from the development
ceilings; and
26.415.010(D), Historic Landmark Lot Split
A Historic Landmark Lot Split is a two step review, requiring a public hearing before HPC and
before City Council; 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/o~r
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 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 t~he historic district or parcel on
which it is located and its relocation will not have an adverse impact on the historic
district or property; o_Er
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 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 and Katie Ertmer, in their staff report dated November 13, 2002,
performed an analysis of the application based on the standards, developed findings based on the
applicable review criteria, and recommended that the project be approved; and
WHEREAS, at their regular meeting on November 13, 2002, the Historic Preservation
Commission considered the application, found the application was consistent with the applicable
sections of the Municipal Code, and approved the application with conditions by a vote of 6 to 0.
NOW, THEREFORE, BE IT RESOLVED:
HPC recommends Council approve the Historic Landmark Lot Split and approves the application
For Major Development (Conceptual), Variances, On-Site Relocation, and a 500 square foot
FAR bonus for the property located at 533 W. Francis Street, Lots A-C, block 28, City and
Townsite of Aspen, Colorado with the following conditions
1. The HPC hereby approves a 500 square foot FAR bonus.
The HPC hereby approves the following setback variances for Lot 1: a 4'west
sideyard setback variance, a 2.5' east sideyard setback variance, a 6.5' combined
sideyard setback variance, and a 15' combined front and rear yard setback variance.
A structural report demonstrating that the buildings can be moved and/or
information about how the house will be stabilized from the housemover must be
submitted with the building permit application.
4. A bond or letter of credit in the amount of $30,000 to insure the safe relocation of
the structures must be submitted with the building permit application.
5. A relocation plan detailing how and where the buildings will be stored and
protected during construction must be submitted with the building permit
application.
An application for final review shall be submitted for review and approval by the
HPC within one year of Nov. 13, 2002 or the conceptual approval shall be
considered null and void per Section 26.415.070.D.3.c.3 of the Municipal Code.
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;
b. Contain a plat note stating that no further subdivision may be granted for these
lots nor will additional units be built without receipt of applicable approvals
pursuant to the 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 R-6 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 1 shall receive 2,010 square feet and Lot 2 2,570 square feet, which shall
be noted on the plat.
APPROVED BY
2002.
THE COMMISSION at its regular meeting on the 13th day of November,
Approved as to Form:
't~Hoefer, Assistant ~ity Attorney
Approved as to content:
HISTORIC PRESERVATION COMMISSION
Rally Dupps, Chair
ATTEST:
Kathy Strickland, Chief Deputy Clerk