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HomeMy WebLinkAboutresolution.hpc.041-2002RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC) APPROVING AN APPLICATION FOR MAJOR DEVELOPMENT (CONCEPTUAL), A FLOOR AREA BONUS, ON-SITE RELOCATION, AND A HISTORIC LANDMARK LOT SPLIT FOR THE PROPERTY LOCATED AT 216 E. HALLAM STREET, LOTS H, AND I, AKA LOTS N, AND O, AND A PORTION OF VACATED ALLEY, BLOCK 71, CITY AND TOWNSITE OF ASPEN, COLORADO RESOLUTION NO. 4~ SERIES OF 2002 PARCEL ID: 2737-073-14-001 WHEREAS, the applicants, The Frost Property LLC, represented by Camilla Auger and Studio B Architects, have requested Major Development Review (Conceptual), a 500 square foot FAR bonus, On-site Relocation, and a Historic Landmark Lot Split for the property located at 216 E. Hallam Street, Lots H and I (also known as Lots N and O), and a portion of vacated alley, Block 71, City and Townsite of Aspen, Colorado. The property is listed on the "Aspen Inventory of Historic Landmark Sites and Structures;" 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, the application included a request for approval of on-site relocation of the historic house and barn. 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 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, 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: a) The land is not located in a subdivision approved by either the Pitkin County Board of County Commissioners or the City Council, or the land is described as a metes and bounds parcel which has not been subdivided after the adoption of subdivision regulations by the City of Aspen on March 24, 1969; and b) No more than two (2) lots are created by the lot split, both lots conform to the requirements of the underlying zone district. Any lot for which development is proposed will mitigate for affordable housing pursuant to Section 26.100.040(A)(1)(c). c) The lot under consideration, or any part thereof, was not previously the subject of a subdivision exemption under the provisions of this chapter or a "lot split" exemption pursuant to Section 26.100.040(C)(1)(a); and 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 shah be recorded in the office of the Pitkin County clerk and recorder. Failure on the part of the applicant to record the plat within one hundred eighty (180) days following approval by the City Council shall render the plat invalid and reconsideration of the plat by the City Council will be required for a showing of good cause. 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 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 thc 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 usc, then the allowed floor area for that lot shall be the floor area allowed for all uses other than residential in thc 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 thc 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 thc 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 contain a historic structure. The FAR bonus will be added 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 be 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, Amy Guthrie, in her staff report dated November 20, 2002, performed an analysis of the application based on the standards, and recommended that the project be approved with conditions; and WHEREAS, at a special meeting on November 20, 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 and approved the application with conditions by a vote of q to o. NOW, THEREFORE, BE IT RESOLVED: HPC approves Major Development Review (Conceptual), an FAR bonus, and On-site Relocation for 216 E. Hallam Street, Lots H and I (also known as Lots N and O), and a portion of vacated alley, Block 71, City and Townsite of Aspen, Colorado with the conditions listed below, and recommends that Council approve the Historic Landmark Lot Split. 1. The HPC hereby approves a 500 square foot FAR bonus. 2. The public notice for Final review must include the setback variances as corrected to meet UBC concerns, and HPC will make a formal determination on the request at that time. 3. The new windows added to the east/west gable ends on the historic house are not approved. 4. For final review, restudy the garage doors to determine if they can be relocated to the back of the structure. 5. Finalization of exact window and door locations and sizes will be determined through demolition and discovery by removing the asphalt and the interior plaster to expose framing evidence. 6. 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. 7. A bond or letter of credit in the amount of $30,000 to insure the safe relocation of the structure must be submitted with the building permit application. 8. A relocation plan detailing how and where the buildings will be stored and protected during construction must be submitted with the building permit application. 9. An application for Final review shall be submitted for review and approval by the HPC within one year of Nov. 20, 2002 or the conceptual approval shall be considered null and void per Section 26.415.070.D.3.c.3 of the Municipal Code. 10. 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. b. Co Meet the requirements of Section 26.480 of the Aspen Municipal Code; 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; 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. The FAR on the two lots created by this lot split shall be allocated as follows: the lot containing the historic house will have 1,874 square feet of FAR, and the lot containing the new house will have 1,794 square feet of FAR, which shall be noted on the plat. APPROVED BY THE COMMISSION at its regular meeting on the 20th day of November, 2002. Approved as to Form: David-Hoefer, Assistant City Attorney Approved as to content: HISTORIC PRESERVATION COMMISSION Rally Dupps, Chair ATTEST: Kathy Strickland, Chief Deputy Clerk