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ASPEN HISTORIC PRESERVATION COMMISSION
REGULAR MEETING
November 9, 2005
5:00 P.M.
CITY COUNCIL CHAMBERS
130 S. GALENA
ASPEN, COLORADO
SITE VISIT: NOON - None
I. Roll call
II. Approval of minutes - Sept. 28th and Oct. 26th
III. Public Comments
IV. Commissioner member comments
V. Disclosure of conflict of interest (actual and apparent)
VI. Project Monitoring
A.
VII. Staff comments: Certificate of No Negative Effect issued
(Next resolution will be #44)
VIII. OLD BUSINESS
A. 332 W. Main Street, Conceptual, Demolition and Variances,
Public Hearing (continue the public hearing to 12/14/2005)
IX. NEW BUSINESS
A. 430 W. Main - Demolition of Shed, Public Hearing (10
min.)
B. 640 N. Third - Historic Landmark Lot Split, Public
Hearing (25 min.)
X. WORKSESSION
A. The Motherlode - construction issue (15 min.)
B. Photos from Portland (20 min.)
XI. Adjourn 6:20 p.m.
MEMORANDUM
TO:
Aspen Historic Preservation Commission
.j/r;A
Joyce Allgaier, Deputy Community Development Director
THRU:
FROM:
Amy Guthrie, Historic Preservation Officer
RE:
430 W. Main Street- Demolition of a Shed, Public Hearing
DATE:
November 9, 2005
SUMMARY: The subject property is a 9,000 square foot lot which contains a large Victorian
era home, and a shed for which there is not a documented construction date. The applicant
requests HPC approval to demolish the shed.
The exiting shed does not appear on the 1904 Sanborne Map of the property. No
documentation has been found to suggest that the shed has historic importance or is related to
the "period of significance" for this property, therefore staff finds that the review criteria are
met and demolition is supported.
APPLICANT: SLTM, LLC.
PARCEL ID: 2735-124-42-004.
ADDRESS: 430 W. Main Street, Lots K-M, Block 37, City and Townsite of Aspen, Colorado.
ZONING: Mixed Use.
DEMOLITION
The applicant proposes to demolish a shed. Demolition shall be approved if it is
demonstrated that the application meets anyone 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:
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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
c. Demolition of the structure will be inconsequential to the historic preservation needs
of the area.
Staff Response: The existing shed does not match the location or dimensions of the outbuilding
depicted on the 1904 Sanborne Fire Insurance Map. The shed is not placed along the alley,
which is not typical of the Victorian period.
There is not evidence to indicate that the shed was constructed at 430 W. Main Street during the
house's "period of significance," which is defined in the Design Guidelines as the time span
during which the property gained architectural, historical, or geographical importance.
Frequently, this begins with its construction date and continues through the peak of early
occupation. Building fabric and features that date from the period of significance typically
contribute to the character of the structure.
Stall finds that no documentation exists to support or demonstrate that this shed contributes to
the historic, architectural, archaeological, engineering or cultural significance of any property. Its
loss does not affect the integrity of any designated property and would be inconsequential to
historic preservation needs in the area.
In addition, the proposal meets the following design guideline, therefore staff supports
demolition of this shed.
8.1 If an existing secondary structure is historically significant, then it must be preserved.
o When treating a historic secondary building, respect its character-defining features. These
include its primary and roof materials, roof form, windows, doors and architectural details.
o If a secondary structure is not historically significant, then its preservation is optional.
DECISION MAKING OPTIONS:
The HPC may:
. approve the application,
. approve the application with conditions,
. disapprove the application, or
. continue the application to a date certain to obtain additional information necessary
to make a decision to approve or deny.
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RECOMMENDATION: Staff recommends that HPC grant Demolition approval for the shed
located at 430 W. Main Street, Lots K-M, Block 37, City and Townsite of Aspen, Colorado as
proposed.
RECOMMENDED MOTION: "I move to adopt Resolution #~, Series of 2005, approving
demolition of a shed at 430 W. Main Street."
Exhibits:
A. Relevant Design Guidelines
B. 1904 Sanborne Fire Insurance Map of 430 W. Main Street
C. Application
Exhibit A: Relevant Design Guidelines for 430 W. Main Street, Shed Demolition
8.1 If an existing secondary structure is historically significant, then it must be preserved.
o When treating a historic secondary building, respect its character-defining features. These
include its primary and roof materials, roof form, windows, doors and architectural
details.
o If a secondary structure is not historically significant, then its preservation is optional.
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MEMORANDUM
TO:
Aspen Historic Preservation Commission
FROM:
Amy Guthrie, Historic Preservation Officer
RE:
640 N. Third Street- Historic Landmark Lot Split - Public Hearing
DATE:
November 9, 2005
SUMMARY: The subject property contains a Victorian era home and a non-historic
garage/caretaker structure. In 2002, HPC approved Major Development, On-site Relocation,
Partial Demolition, and Variances. At that time, the board also recommended for a Historic
Landmark Lot Split which involved placing the historic house on the southern half of the
property and creating a future development site to the north. The applicant never went forward
to City Council to execute the lot split.
The applicant recently submitted for building permit. All projects which receive an approval or a
"Development Order," as this one did, have "vested rights" for a period of three years. Vested
rights protect the project from any changes that may occur in the Municipal Code. After that
time, the approval is still valid, but is subject to any new regulations. This project has vested
rights for the architectural design, a rear yard setback variance, and a 500 square foot FAR bonus,
but the applicant is required to start the approval process over again for the lot split because it
was not finalized by Council.
Please note: The application and public notice included a discussion of demolishing and
replacing the existing non-historic garage. The applicant subsequently dropped that
portion of the request.
Staff recommends that HPC recommend Council approval for the historic landmark lot split as
proposed.
APPLICANT: Jim and Gae Daggs, represented by Charles Cunniffe Architects.
PARCEL ID: 2735-121-08-002
ADDRESS: 640 N. Third Street, Lots 4, 5, and 6 (less the southerly 3.2 feet of Lot 6), Block
102, Hallam's Addition to the City and Townsite of Aspen, Aspen, Colorado.
ZONING: R-6 (Medium Density Residential)
CURRENT LAND USE: 11,707 sq. ft. lot containing a single-story residence, garage, and
caretaker apartment.
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HISTORIC LANDMARK LOT SPLIT
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.)
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. This restriction shall not
apply to properties listed on the Aspen Inventory of Historic Landmark Sites and
Structures; and
Staff Finding:
The property is part of the original townsite and has not been previously subdivided.
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)(I)(c).
Staff Finding:
The property is 11,707 square feet in size. This proposal will create one 5,707 square foot lot and
one 6,000 square foot lot. The minimum size required for a Historic Landmark Lot Split is 3,000
square feet, therefore the new parcels will conform.
With regard to the requirements for affordable housing mitigation, Council has adopted benefits
for historic properties, pursuant to Section 26.420 of the Municipal Code, which states that
mitigation will not be required for properties created through a historic landmark lot split. The
applicant is voluntarily providing an ADU for the parcel which contains the Victorian.
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)(I)(a); and
Staff Finding:
The land has not received a subdivision exemption or lot split exemption.
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
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applicable approvals pursuant to this chapter and growth management allocation
pursuant to Chapter 26.100.
Staff Finding:
The subdivision plat shall be a condition of approval. It must be reviewed by the Community
Development Department for approval and recordation within 180 days of final land use action.
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.
Staff Finding:
The subdivision exemption agreement shall be a condition of approval.
j) 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.
Staff Finding:
No dwelling will be demolished as part of this 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.
Staff Finding:
. The parcel currently contains a single family home. The 5,707 square foot lot can only have a
single family house. The vacant 6,000 square foot lot can contain one or two dwelling units,
within the existing FAR constraints.
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 0 zone district.
Staff Finding:
The subject parcel is 11,707 square feet and is located in the R-6 ?one 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.
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Staff Finding:
The maximum floor area for the original parcel, containing a historical landmark in the R-6 zone,
is 4,242 square feet. The lot which contains the Victorian will be allocated 2,542 square feet,
plus a 500 square foot FAR bonus already awarded by HPC. The vacant lot will be allocated
1,700 square feet.
When HPC discussed this lot split application in the past, staff expressed concern that so much
more FAR was being allocated to the Victorian building, which is the resource that is to be
protected from detrimental alterations. This is not specifically disallowed by the regulations and
a past HPC did make a linding that the proposed addition meets the design guidelines. Even if
the current HPC does not agree with this finding, the property has remaining floor area available,
and the applicant has the right to construct two detached condominiumized homes on the site.
The lot split is not increasing any rights or FAR.
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 contain a historic structure. The FAR bonus
will be added to the maximum FAR allowed on the original parcel.
Staff Finding: Variances have been awarded to the redevelopment of the Victorian. No
variances can be granted for the vacant new lot under the HPC review criteria.
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DECISION MAKING OPTIONS:
The HPC may:
. approve the application,
. approve the application with conditions,
. disapprove the application, or
. continue the application to a date certain to obtain additional information necessary
to make a decision to approve or deny.
RECOMMENDATION: Staff recommends that HPC recommend Council approval for the
Historic Landmark Lot Split as proposed.
RECOMMENDED MOTION: "I move to adopt Resolution #~, Series of 2005,
recommending Council approval of a Historic Landmark Lot Split at 640 N. Third Street as
proposed"
Exhibits:
A. Application
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