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HomeMy WebLinkAboutresolution.hpc.005-2004A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC) RECOMMENDING APPROVAL OF A HISTORIC DESIGNATION AND HISTORIC LANDMARK LOT SPLIT TO CITY COUNCIL AND APPROVING MINOR REVIEW AND VARIANCES FOR THE PROPERTY LOCATED AT 1295 RIVERSIDE DRIVE, LOT 20, RIVERSIDE SUBDIVISION, CITY AND TOWNSITE OF ASPEN, COLORADO RESOLUTION NO. 5, SERIES OF 2004 PARCEL ID: 2737-181-17-019 WHEREAS, the applicants, Tony and Kathy Welgos, represented by Consortium Architects, have requested Historic Designation, Historic Landmark Lot Split, Minor Development Review and Variances for the property located at 1295 Riverside Drive, Lot 20, Riverside Subdivision, City and Townsite of Aspen; 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: c) d) e) 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. This restriction shall not apply to properties listed on the Aspen Inventory of Historic Landmark Sites and Structures; 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(A)(1)(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 PitMn 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 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 shall not exceed three (3) units, which may be composed of a duplex and a single-family home; and 26.480.030(A)(4h Subdivision Exemptions, Historic Landmark Lot Split The split of a lot that is listed on the Aspen Inventory of Historic Landmark Sites and Structures fbr 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 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 be approved by the Community Development Director, but is not to be deducted fi'om 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, Section 26.415.070 of the Aspen 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. An application for a building permit cannot be submitted without a Development Order; and WHEREAS, the procedure for a Minor Development Review is as follows. Staff reviews the submittal materials and prepares a report that analyzes the project's conformance with the design guidelines and other applicable Land Use Code Sections. This report is 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 reviews 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 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, for approval of an FAR bonus, the HPC must review the application, a staff analysis report and the evidence presented at a hearing to determine, per Section 26.415.110.C of the Municipal Code, 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, for approval of setback variances, the HPC must review the application, a staff analysis report and the evidence presented at a hearing to determine, per Section 26.415.110.C of the Municipal Code, that the setback variance: a. Is similar to the pattern, features and character of the historic property or district; and/or b. Enhances or mitigates an adverse impact to the historic significance or architectural character of the historic property, an adjoining designated historic property or historic district; and WHEREAS, Amy Guthrie, in her staff report dated January 28, 2004, performed an analysis of the application based on the review standards and the "City of Aspen Historic Preservation Design Guidelines, and recommended continuation for restudy; and WHEREAS, at their regular meeting on January 28, 2004, the Historic Preservation Commission considered the application, found the application was consistent with the review standards and "City of Aspen Historic Preservation Design Guidelines" and approved the application by a vote of 4 to 1. The dissenting vote was related only to concerns with the FAR bonus. NOW, THEREFORE, BE IT RESOLVED: That HPC recommends Council approve Historic Designation and Historic Landmark Lot Split. Contingent on those approvals, HPC approves Minor Development and Variances for 1295 Riverside Drive, Lot 20, Riverside Subdivision, City and Townsite of Aspen with the conditions listed below. 1. HPC has approved a 500 square foot FAR bonus, a 10 foot west sideyard variance to allow an existing deck to sit on the new lot line, and a 7 foot west sideyard setback variance to allow the existing house to come within 3 feet of the new lot line. 2. The final design for the new entry will be reviewed and approved by staff and monitor. 3. The applicant must restudy the location and any variances for the non-historic shed, or consider eliminating it, for the February 11, 2004 meeting. 4. 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 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 R-15 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: 2,233 square feet to Lot A, which contains the Chalet house, and 2,408 square feet to Lot B, which will contain a new house that will be developed in the future with HPC review and approval. APPROVED BY THE COMMISSION at its regular meeting on the 28th day of January, 2004. Approved as to Form: Davi/~Hoefer, Assistant City Attorney Approved as to content: HISTORIC PRESERVATION COMMISSION JAe~e/s~i~r~y, Chair Kathy Stri/ckland, Chief Deputy Clerk 495821 P~ge: 5 of'