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HomeMy WebLinkAboutresolution.hpc.034-2004 Page: 1 of 6 01/18/2005 11 SILVIA DAVIS PITKIN COUNTY CO R 31.00 D 0,00 RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION RECOMMENDING APPROVAL OF AN APPLICATION FOR A HISTORIC LANDMARK LOT SPLIT, INCLUDING SUBDIVISION EXEMPTION AND GMQS EXEMPTION, AND GRANTING AN APPROVAL FOR DEMOLITION, ON-SITE RELOCATION AND A VARIANCE FROM THE MINIMUM LOT SIZE FOR A HISTORIC LANDMARK LOT SPLIT FOR THE PROPERTY LOCATED AT 701 W. MAIN STREET, LOTS H and I, LESS THE WEST 2.35 FEET OF LOT H, BLOCK 19, CITY AND TOWNSITE OF ASPEN, COLORADO RESOLUTION NO. 34, SERIES OF 2004 Parcel ID #:2735-124-46-004 WHEREAS, the applicants, Wes and Susan Bailey Anson, owners, represented by Jake Vickery, architect, have requested a Historic Landmark Lot Split, Demolition, On-Site Relocation, and a Variance for the property located at 701 W. Main Street, Lots H and I, less the west 2.35 feet of Lot H, Block t 9, City and Townsite of Aspen, Colorado; and WHEREAS, in order to complete a Historic Landmark Lot Split, the applicant shall meet the following requirements of Aspen Municipal Code: Section 26.480.030(A)(2) and (4), Section 26.470.070(C), and Section 26.415.010(D.), which are as follows: 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 Nov6mber 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 h) 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 d) 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 SZLVIR DRVI5 PlTKZN COUNTY CO R 3t.ee D e.ee further subdivision may be granted for these lots nor will additional units bc 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 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 cause. In the case where an existing single-family dwelling occupies a site which is eligible for a lot split, the dwelling need not bc demolished prior to application for a lot split. g) 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 thc zone district where the property is located. The total FAR for each lot shall bc 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 thc allowed floor area for that lot shall be thc floor area allowed for all uses other than residential in thc zone district. If the adjacent parcel created by thc 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 commercia]/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 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 to authorize a variance from the dimensional requirements of Title 26, according to Section 26.314.040, Standards Applicable to Variances, the HPC 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: a. 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 SILVIR DAVIS PITKIN COUNTY CO R 31.00 0 0.00 WHEREAS, in order to authorize a demolition, according to Section 26.415.080, Demolition of designated historic properties, it must be demonstrated that the application meets any one of the following criteria: a. The property has been determined by the city to be an imminent hazard to public safety and the owner/applicant is unable to make the needed repairs in a timely manner, b. The structure is not structurally sound despite evidence of the owner's efforts to properly maintain the structure, c. The structure cannot practically be moved to another appropriate location in Aspen, or d. No documentation exists to support or demonstrate that the property has historic, architectural, archaeological, engineering or cultural significance, and Additionally~ for approval to demolish~ all of the following criteria must be met: a. The structure does not contribute to the significance of the parcel or historic district in which it is located, and b. The loss of the building, structure or object would not adversely affect the integrity of the historic district or its historic, architectural or aesthetic relationship to adjacent designated properties and ew Demolition of the structure will be inconsequential to the historic preservation needs of the area; and WHEREAS, in order to approve relocation, according to Section 26.415.090.C, Relocation of a Designated Property, it must be determined 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 reloeatioi~ 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, fbr approval to relocate all of the following criteria must be met: Page: 5 oF 6 01/18/2005 11:311 SILViR DAVIS PITKIN COUNTY CO R 3Z.ee 0 e.ee 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 bccn 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 December 8, 2004, perIbrmed an analysis of the application based on the standards, and recommended the application be approved with conditions; and WHEREAS, at a regular meeting held on December 8, 2004, the Historic Preservation Commission considered the application, found the application to meet the standards, and approved the application by a vote of 5 to 0. THEREFORE, BE IT RESOLVED: That the HPC recommends Council approval of a Historic Landmark Lot Split 701 W. Main Street, Lots H and I, less the west 2.35 feet of Lot H, Block 19, City and Townsite of Aspen, Colorado, per the drawing labeled Lot Split Plan A, in addition to Demolition, On-site Relocation, and Variances, with the following conditions: 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 thai 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. Contain a plat note stating that the lot that does not contain the historic structure must be developed as a single family residence. e. Contain a plat note stating that the FAR on the two lots created by this lot split shall be based on the use of the buildings. The maximum FAR for each lot may be affected by applicable lot area reductions (i.e., slopes, access easements, etc.). The applicant shall verify with the City Zoning Officer the total allowable FAR on each lot, taking into account m~y and all applicable lot area reductions. The property shall be subdivided into two parcels, Lots A, which is 2,765 square feet in size, and Lot B, which is 3,000 square feet in size. 2. Sidewalk, Curb and Gutter - The site is located on Main Street, where pedestrian improvements are an important goal. The applicant must refer to the City Engineering Department for required Sidewalk, Curb, and Gutter in front of the property. 3. HPC hereby grants a variance from the minimum required lot size for a Historic Landmark Lot Split, from 6,000 square feet to 5,765 square feet. In addition, HPC grants a variance from the minimum required lot size for one of the newly created parcels, from 3,000 square feet to 2,765 square feet. HPC did not grant setback variances that were requested in the application. 4. The proposed demolition of the outbuilding is approved, but removing of a portion of the cabin is not supported at this time due to lack of information. 5. On-site relocation of the cabin to Lot A (the comer lot) is approved, without setback variances. Relocation of this building onto a new foundation, and rehabilitation of the structure must be the first action that is taken to redevelop this property. It will not be acceptable to move the building and "mothball" it, in favor of undertaking construction on the vacant parcel. 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 $15,000 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 building will be stored and protected during construction must be submitted with the building permit application. APPROVED BY THE COMMISSION at its regular meeting on the 13th day of December, 2004. Dax4~d Hoefer, ~ssis-~ant ~ity Attorney App~ved as to Content: HISJ ~)R/C PRI~SERVATIO~ COMMISSION Je Ka~h' ~ Str~kland, Chief Depu~ Clerk