HomeMy WebLinkAboutresolution.hpc.012-2005RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION
RECOMMENDING APPROVAL OF AN APPLICATION FOR A HISTORIC
LANDMARK LOT SPLIT, INCLUDING SUBDIVISION EXEMPTION AND
GMQS EXEMPTION, GRANTING AN APPROVAL FOR A VARIANCE FROM
THE MINIMUM LOT SIZE FOR A HISTORIC LANDMARK LOT SPLIT, AND
GRANTING MAJOR DEVELOMENT (CONCEPTUAL) APPROVAL AND
VARIANCES FOR A NEW RESIDENCE FOR THE PROPERTY LOCATED AT
701 W. MAIN STREET, LOTS H and I, LESS THE WEST 2.35 FEET OF LOT 1t,
BLOCK 19, CITY AND TOWNSITE OF ASPEN, COLORADO
RESOLUTION NO. 12, SERIES OF 2005
Parcel ID #:2735-124-46-004
WHEREAS, the applicants, Marshall and Susan Olsen, owners, represented by Dirk
Danker, architect, have requested a Historic Landmark Lot Split, Major Development
(Conceptual), and Variances 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; 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 November 14, 1977, where
all of the following conditions are met:
a)
b)
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; 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 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 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 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 shah be established by the
size of the parcel and the zone district where the property is located. The total FAR
for each lot shah be noted on the Subdivision Exemption Plat.
In the Office zone district, the following shah apply to the calculation of maximum
floor area for lots created through the historic landmark lot split. Note that the
total FAR shah 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 aH 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 shah be Hmited 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 aH 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 thc scoring and
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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
26.415.0101D), 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 Tire
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 shah 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
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 heating 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, 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:
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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, for approval of a variance from the Residential Design Standards, HPC
must review the application, a staff analysis report and the evidence presented at a
hearing to determine, per Section 26.410.020.C of the Municipal Code, that the variance
would:
1. Provide an appropriate design or pattern of development considering the context
in which the development is proposed and the purpose of the particular standard.
In evaluating the context as it is used in the criteria, the reviewing board may
consider the relationship of the proposed development with adjacent structures,
the immediate neighborhood setting, or a broader vicinity as the board feels is
necessary to determine if the exception is warranted; or
2. Be clearly necessary for reasons of fairness related to unusual site specific
constraints; and
WHEREAS, Amy Guthrie, in her staff report dated March 23, 2005, performed 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 March 23, 2005, the Historic Preservation
Commission considered the application, found the application to meet the standards, and
approved the application by a vote of 6 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:
1. 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 farther 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;
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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 any and
all applicable lot area reductions. The property shall be subdivided into
two parcels, comer Lot A, which is 2,565 square feet in size, and interior
Lot B, which is 3,200 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 requirements
appropriate to this site.
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 and the minimum
lot width fi:om 60 feet to 57.65 feet. In addition, HPC grants a variance fi:om the
minimum required lot size for one of the newly created parcels, fi'om 3,000 square
feet to 2,565 square feet and the minimum width from 30 feet to 25.65 feet.
4. HPC hereby allows the following setbacks for the proposed new building; 3 feet
on the east sideyard, 3 feet on the west sideyard, and 2'6" along the alley.
5. HPC hereby grants variances from the following Residential Design Standards;
"Build-to lines," "Secondary Mass," and "Building Elements."
6. The approved design of the new building is as represented in "Option 2," March
23, 2005.
7. An application for final review shall be submitted for review and approval by the
HPC within one year of March 23, 2005 or the conceptual approval shall be
considered null and void per Section 26.415.070.D.3.c.3 of the Municipal Code.
APPROVED BY THE COMMISSION at its regular meeting on the 23rd day of March, 2005.
Davi-d Hoefer, Assistaln~ City Attorney
Approved as to Content:
Jeffre~H~ferty, Chair
Kath~y ~tricklan{l, Chief Deputy Clerk
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