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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 APPROVAL FOR SETBACK
VARIANCES FOR THE PROPERTY LOCATED AT 604 W. MAIN STREET,
LOTS Q, R, AND S, BLOCK 24, CITY AND TOWNSITE OF ASPEN,
COLORADO
RESOLUTION NO. 23 SERIES OF 2005
Parcel ID #:2735-124-44-008
WHEREAS, the applicants, 604 West LLC, owner, represented by Alan Richman
Planning Services, have requested a Historic Landmark Lot Split and Variances for the
property located at 604 West Main Street, Lots Q, R, and S, Block 24, City and Townsite
of Aspen, Colorado.
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 tbrmed by a lot split granted subsequent to November 14, 1977, where
all of the following conditions are met:
a)
c)
d)
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" exe~mption 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.
e)
f)
g)
SILVlA DAVIS PlTKIN COUNTY CO R 2{~ 00 D 0 00 '
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 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 MU (formerly
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 Mixed Use (formerly 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 ali 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 thc 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)(l)(a),(b), and (c) are only permitted on the parcels that will contains a
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SILVIA DAVIS PITKIN COUNTY C0 R zs.ee o o,ee
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 a 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 txvo step review, requiring a public hearing before
qPC a~d before ( ty (onnc~; and
WHEREAS, fbr 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, Sara Adams, in her staff report dated June 22, 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 June 22, 2005, 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 604 W.
Main Street, Lots Q, R, and S, Block 24, City and Townsite of Aspen, Colorado, with the
following conditions:
Staff recommends that HPC grant 0' setback conditions on the east, west and rear
lot lines, and a waiver of the minimum distance required between structures to
legalize all four outbuildings on this site and a 5' setback for the office building as
created by thc new lot line. The 5' setback variance is only applicable to the
existing building and not to future development on this lot.
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SILVIR DRVIS PITKIN COUNTY CO R 2S.ee O emee
2. The applicam has 60 days to stabilize the historic shed thru straddles the propem/
line in order to protect it prior to restoration, and 1 year from June 22, 2005 to
submit a plan lbr fi_ill restoration of the historic shed to the HPC board.
3. Staff recommends that HPC grant GMQS exemption for the Historic Landmark
Lot Split.
4. Staff rec°mmends that the applicant immediately pursue an encroachment license
from the Engineering Depurtment for the 19th century garage that sits in the alley.
5. 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 CounciI. 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 ofthe 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
confbrm to the dimensional requirements of the Mixed Use zone district,
except the variances approved by the HPC; and
d. Be labeled to indicate that this proposal will create Lot 1 of 6,000 square
feet in size with 6,000 square feet of floor area, and a Lot 2 of 3,000
square feet in size with 1,920 square feet of floor area.
6. The development approvals granted herein shall constitute a site-specific
development plan vested tbr a period of three (3) years from the date of issuance
of a development order. However, any failure to abide by any of the terms and
conditions attendant to this approval shall result in the forfeiture of said vested
property rights. Unless otherwise exempted or extended, failure to properly record
all plats and agreements required to be recorded, as specified herein, within 180
days of the effective date of the development order shall also result in the
forfeiture of said vested property rights and shall render the development order
void within the meaning of Section 26.104.050 (Void permits). Zoning that is not
part of the approved site-specific development plan shall not result in the creation
of a vested property right.
No later than lburteen (14) days following final approval of all reqtfisite reviews
necessary to obtain a development order as set forth in this Ordinance, the City
Clerk shall cause to be pnblished in a newspaper of general circulation within the
jurisdictional boundaries of the City of Aspen, a notice advising the general public
of the approval ora site specific development plan and creation ora vested property
right pursnant to this Title. Such notice shall be substantially in the following form:
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Notice is hereby given to the general public of the approval of a site specific
development plato and the creation of a vested property right, valid for a period of
three (3) years, pursuant to the Land Use Code of the City of Aspen and Title 24,
Article 68, Colorado Revised Statutes, pertaining to the following described
property: 604 West Main Street
Nothing in this approval shall exempt the development order from subsequent
reviews and approvals required by this approval of the general rules, regulations
and ordinances or the City of Aspen provided that such reviews and approvals are
not inconsistent with this approval.
The approval granted hereby shall be subject to all rights of referendum and
~}udicial reviexv; the period of time permitted by law for the exemise of such rights
shall not begin to run until the date of publication of the notice of final
development approval as required under Section 26.304.070(A). The rights of
referendum shall be limited as. set forth in the Colorado Constitution and the
Aspen Home Rule Charter.
APPROVED BY THE COMMISSION at its regular meeting on the 22nd day of
June, 2005.
David~oef~r, As~istant~Lty Attorney
Approved as to Content:
HI~,ORIC PRESERVATION COMMISSION
ATTE S2I~X Xx