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RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION
RECOMMENDING APPROVAL OF AN APPLICATION FOR A HISTORIC
LANDMARK LOT SPLIT FOR THE PROPERTY LOCATED AT 430 W. MAIN
STREET, LOTS K, L, AND M, BLOCK 37, CITY AND TOWNSITE OF ASPEN,
COLORADO
RESOLUTION NO. 28 SERIES OF 2005
Parcel ID #: 2735-124-42-004.
WHEREAS, the applicant, Glenn A. Beck, represented by Christie Ann Kienast, have requested
a Historic Landmark Lot Split for the property located at 430 West Main Street, Lots K, L, and
M, Block 37, 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 formed by a lot split granted subsequent to November 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
b) 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 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) 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.
f) 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.
~ g) Maximum potential buildout for the lwo (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 bc 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 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 Exemptiom 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 two step review, requiring a public hearing before HPC and
before City Council; and
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SILVIA DAVIS PITKIN COUNTY CO R Z~.ee D e.ee
WHEREAS, Sara Adams, in her staff report dated July 27, 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 July 27, 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 430 W. Main
Street, Lots K, L, and M, Block 37, City and Townsite of Aspen, Colorado, with the following
conditions:
I. 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 oll tile lots will conform 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 4,000 square feet in
size and a Lot 2 of 5,000 square feet in size. The allowable floor ama will be
determined by the Zoning Officer once the use of the property is decided.
e. Contain a plat note stating that the lot does not contain the historic structure
must be developed as a single family residence.
f. 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.).
Tile 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, corner Lot l which is 4,000 square
feet in size, and interior Lot 2 which is 5,000 square feet in size.
g. A tree removal permit shall not be issued for the large tree at the corner of tile lot
unless Parks determines that the tree is unhealthy or a hazard.
2. The development approvals granted herein shall constitute a site-specific development
plan vested for 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 develop~ncnt
order shall also result in the fbrfeiture of said vested property rights and shall render the
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$ILVIA DAVIS PITKIN COUNTY CO e 2t.ee o e.ee
d¢¥elopmeut order void within thc meaning of Section 26.104.050 {Void permits).
Zoning that is not part of the approved site-specific development plan shall not result in
thc creation of a vested propert7 right;
No later than fourteen (14) days following final approval of alt requisite reviews necessary
to obtain a development order as set forth in this Ordinance, the City Clerk shall cause to be
published in a newspaper of general cimulation within the jurisdictional boundaries of the
City of Aspen, a ~otice advising the general public of the approval of a site specific
development plan and creation of a vested property right pursuant to this Title. Such notice
shall be substantially in the following form:
Notice is hereby given to the general public of the approval of a site specific development
plan, 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: 430 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 judicial
review; the period of time permitted by law for the exercise 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 27th day of July,
2005.
Approved as to Form:
F'~.~ _~}A.~. rn
Davi~Hoefer, A;sistant Cit~ Atto ey
Approved as to Content:
rRESERVATI.ON COMMISSION
Kathy StriclOand, Chief Deputy Clerk