HomeMy WebLinkAboutresolution.hpc.029-2004A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC)
RECOMMENDING APPROVAL OF A CODE AMENDMENT, HISTORIC
DESIGNATION, AND A HISTORIC LANDMARK LOT SPLIT TO CITY COUNCIL
AND APPROVING AN APPLICATION FOR MAJOR DEVELOPMENT
(CONCEPTUAL), RELOCATION, AND VARIANCES FOR THE PROPERTY
LOCATED AT 555 AND 557 WALNUT STREET, WHICH ARE DESCRIBED AS LOTS
2 AND 3, BLOCK 3, WILLIAM'S ADDITION TO THE CITY AND TOWNSITE OF
ASPEN AND 541 WALNUT STREET, WHICH IS DESCRIBED AS LOTS 4 AND 5,
BLOCK 3, WILLIAM'S ADDITION TO THE CITY AND TOWNSITE OF ASPEN,
COLORADO
RESOLUTION NO. 29, SERIES OF 2004
PARCEL ID: 2737-073-00-022/23
WHEREAS, the applicant, Walnut Property LLC, represented by Gilbert Sanchez AIA and Stan
Clauson and Associates, has requested support for a Code Amendment, Historic Designation,
Historic Landmark Lot Split, and approval for a Major Development (Conceptual), Relocation,
and Variances for the property located at 555 and 557 Walnut Street, which are described as Lots
2 and 3, Block 3, Williams Addition to the City and Townsite of Aspen, and 541 Walnut Street,
which is described as Lots 4 and 5, Block 3, Williams Addition to the City and Townsite of
Aspen; and
WHEREAS, HPC reviewed the proposed Code Amendment, which allows one additional TDR
to land on a non-historic residential unit under certain circumstances, and agreed to forward a
recommendation of support for the amendment to P&Z and Council; and
WHEREAS, Section 26.415.050 of the Aspen Municipal Code establishes the process for
Designation and states that an application for listing on the Aspen Inventory of Historic
Landmark Sites and Structures shall be approved if HPC and City Council determine sufficient
evidence exists that the property meets the criteria; 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;) 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
WIrIEREAS, for approval of Relocation of a Designated Property, the HPC must review the
application, a staff analysis report and the evidence presented at a hearing to determine, per
Section 26.415.090.C of the Municipal Code, that:
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, 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 site coverage 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 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 September 22, 2004, performed an analysis
of the application based on the standards, found that the review standards and the "City of Aspen
Historic Preservation Design Guidelines have been met, and recommended approval with
conditions; and
WHEREAS, at their regular meeting on September 22, 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 5 to 0.
NOW, THEREFORE, BE IT RESOLVED:
That HPC hereby recommends approval of a TDR Code Amendment, Historic Designation for the
log cabins (541 and 555 Walnut) and Historic Landmark Lot Split for the Victorian (557 Walnut) to
City Council, and that HPC grants approval for Major Development (Conceptual), On-Site
Relocation, and Variances with the following conditions:
1. HPC supports the clarification tO the boundaries of the designated Victorian parcel as
represented in the application.
2. HPC supports the requested TDR code amendment.
3. The HPC hereby approves a 500 square foot FAR bonus for the parcel containing the
Victorian and the parcel containing the log cabins.
4. The HPC hereby approves the following setback variances: for the Victorian, a north
sideyard variance to allow a setback of 5 feet instead of the required 10' and a combined
sideyard variance to allow 15' instead of the required 20,' and on the property that
contains the two log cabins, HPC approves setbacks of 3' instead of the required 10'on
the north and south sideyards, a combined sideyard of 6' instead of the required 20', and a
5% site coverage variance.
5. The architect must restudy the location of the kitchen addition on the Victorian so that it
does not encroach on the historic gable end.
6. The applicant is required to retain a contractor or consultant with demonstrated
knowledge in conservation of historic wood to oversee the restoration of the Victorian.
7. A structural report demonstrating that the buildings can be moved and/or information
about how the houses will be stabilized from the housemover must be submitted with the
building permit application.
8. A bond or letter of credit in the amount of $30,000 for each parcel to insure the safe
relocation of the structures must be submitted with the building permit application.
9. A relocation plan detailing how and where the buildings will be stored and protected
during construction must be submitted with the building permit application.
10. An application for final review shall be submitted for review and approval by the HPC
within one year of September 22, 2004 or the conceptual approval shall be considered
null and void per Section 26.415.070.D.3.c.3 of the Municipal Code.
11. For the property that contains the Victorian, 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; and
d. Be labeled to indicate that this proposal will create a Lot A of 6,015.62 square
feet in size with 2,770 square feet of floor area, and a Lot B of 9,044 square feet in
size with 2,173 square feet of floor area available to be used for TDR's.
APPROVED BY THE COMMISSION at its regular meeting on the 22nd day of
September, 2004.
Approved as to Form:
Da¢id Hoefer~ Assistant City Attorney
Approved as to content:
HISTORIC PRESERVATION COMMISSION
Jeffr hxa, i~ - n
ATTEST: ~
Kathy~Str ckland, Chief Deputy Clerk