HomeMy WebLinkAboutresolution.apz.006-95RESOLUTION OF THE ASPEN PL~NNIN~ AND ~ONIN~ COI~I[SSION
RECOI,~END~N~ TO THE ASPEN C~TY COUNCIL ~MENDMENTS TO THE ~SPEN
~UNICIPAL CODE RE~RDIN~ THE FOLLOWIN~ SECTIONS:
24-7-601, General Applicability and Requirements (Development in
a H, Historic Overlay District or involving a Historic Landmark)
24-7-602, Demolition, partial demolition or relocation
24-7-603 Insubstantial amendment of development order
24-7-604 Appeal and call up
24-7-606 Minimum maintenance requirements
24-7-703 Procedure for designation, amendment, rescinding
24-7-704 Application
24-7-706 Placement on the City's official zone district map
24-7-709 Establishment of inventory of historic structures
Resolution No. 95-___~
WHEREAS, the "Design Quality and Historic Preservation"
chapter of the Aspen Area Community Plan (AACP) recommended
"amend(ing) the City Code to require review of alterations and
additions to all historic resources identified on the Aspen
Inventory of Historic Sites and Structures;" and
WHEREAS, the Aspen Historic Preservation Commission's (HPC)
Goals and Objectives as outlined in HPC Resolution 92-1, include
"amend(ing) the four (4) Development Review Standards, and other
technical issues in the Land Use Regulations involving historic
preservation for consistency and clarity" and to "expand HPC review
authority over all resources identified on the Inventory of
Historic Sites and Structures" and to "continue to expand upon our
list of incentives," and this is now being undertaken; and
WHEREAS, the City of Aspen received a $3,150 grant from the
Colorado Historical Society to assist in the costs of processing
amendments to the Municipal Code, in addition to other preservation
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projects during the 1994 fiscal year; and
WHEREAS, the Historic Preservation Commission held two
worksessions on the proposed code amendments, on January 25,
and February 22, 1995; and
1995
WHEREAS, Section 24-7-1103 of the Municipal Code provides that
amendments to Chapter 24, to wit, "Land Use Regulations," shall be
reviewed and recommended for approval by the Planning Director and
then by the Planning and Zoning Commission at public hearing, and
then approved, approved with conditions, or disapproved by the City
Council at a public hearing; and
WHEREAS, the Planning and Zoning Commission reviewed the
proposed amendments and did conduct a public hearing thereon on
March 7 and March 21, 1995; and
WHEREAS, upon review and consideration of the text amendments,
agency and public comment thereon, and those applicable standards
as contained in Chapter 24 of the Municipal Code, to wit, Division
11 of Article 7 (Text Amendments), the Planning and Zoning
Commission recommends approval of the text amendments recommended
by the Planning Director pursuant to procedure as authorized by
Section 24-6-205 (A)(5) of the Municipal Code; and
WHEREAS, the Planning and Zoning Commission finds that the
text amendments meet or exceed all applicable development standards
and is consistent with the goals and elements of the Aspen Area
Community Plan; and
WHEREAS, the Planning and Zoning Commission finds that these
amendments further and are necessary for public health, safety, and
welfare and the proposed text amendments will allow and promote
compatibility of zone districts and land uses with existing land
uses and neighborhood characteristics and will be consistent with
the public welfare and the purposes and intent of Chapter 24 of the
Municipal Code.
NOW, THEREFORE BE IT RESOLVED by the Commission that is does hereby
adopt Resolution No. 95-__, amending the Municipal Code of the city
of Aspen.
AND, NOW THEREFORE BE IT RESOLVED by the Commission that it does
hereby recommend to the City Council of the City of Aspen approval
of Resolution No. 95-
AND, NOW THEREFORE BE IT FIN/%LLY RESOLVED by the Commission that
it does hereby recommend the following amendments to the Aspen
Municipal Code:
DIVISION 6. DEVELOPMENT IN A H, HISTORIC OVERLAY DISTRICT OR
INVOLVING~ .......... ..~.v..~ LAND~DJ~ THE INVENTORY OF HISTORIC SITES AND
STRUCTURES
-pli-ability --~ ..... : ..... 6- Minor
Sec. 7-601......~.~ ..... · =~ ....... ~ ...........
Development, Siqnifioant Development and Exemptions.
.................... ~ .......... l~,,d ..... k. General. Any
development within a H, Historic Overlay District or development
involving a historic landmark must be reviewed in accordance with
the provisions of this Section 7-601 and Common Procedures, Article
6, Division 2, unless exempted by the
~ ......... ~ community
development director under Section 7-601(C). If not exempted,
development is categorized as minor or significant development
which must obtain approval of the HPC. Minor development review and
approval is a one-step process and requires no public hearing.
Significant development must go through a conceptual and final
development plan review and approval process, with a public hearing
occurring at the time of conceptual development plan review.
B. General prohibition.
within the H, Historic Overlay
landmark unless:
No development shall be permitted
District or involving a historic
1. The development is not subject to the provisions of this
'~ section; or
The development is exempted pursuant to Section 7-
601(C); or
The development is approved by the HPC as either minor
or significant development pursuant to the procedures
outlined in Common Procedures, Article 6, Division 2,
because it meets the standards of Section 7-601(D).
C. Exemption.
Development which is not subject to the provisions of
this section shall include any interior remodeling of a
structure, repainting of the exterior of an already
painted structure and choice of color of any exterior
architectural feature. Such development shall not require
the review by the plannin~ community development director
or HPC, and shall proceed directly to building permit
review, when a building permit is required for the
development.
~ community development
Development which the
director shall exempt shall include repair of existing
architectural features, replacement of architectural
features when found necessary for the preservation of the
structure, and similar remodeling activities which create
no change to the exterior appearance of the structure and
have no impact on its character. The community
development director shall also exempt siqns which are
not reviewed under section 7-601(F) (2) (A). Within the
Commercial Core, the community development director shall
exempt any siqnificant chanqes in the site desiqn of an
individual property, such as pavinq and new street
furniture. The community development director shall also
exempt any development reauired for compliance with the
Americans with Disabilities Act when it affects a non-
historic structure in the H, Historic Overlay District
and has no siqnificant impact on the character of the
structure. For any of the exemptions listed above, the
community development director may place conditions on
the exemption which are relevant to mitiqation of impacts
to the affected historic site or structure or adjacent
historic sites or structures. An appeal of a community
development director exemption is to the Historic
Preservation Commission.
Before any proposed development can be considered for an
exemption under the provisions of this section, an
application for exemption shall be submitted to the
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~,...~,.~ :-- community development director and d~vclcpmcnt
in the form provided by the~.~.,~.~-~--~-- community
develoDment director.
D. Review standards for all development in H Historic
Overlay District and all development involving historic landmarks.
Development in Historic Overlay District and all
Development involving historic landmarks. No approval for
any development in the H, Historic Overlay District or
involving historic landmarks shall be granted unless the
HPC finds that all of the following standards are met.
The proposed development is compatible in ~
~eneral design, massinq and volume, scale and site
plan with designated historic structures located on
the parcel and with development on adjacent parcels
when the subject site is in an H, Historic Overlay
District or is adjacent to an Historic Landmark. For
Historic Landmarks where proposed development would
extend into front yard, side yard and rear yard
setbacks, extend into the minimum distance between
buildings on the lot or exceed the allowed floor
area by up to 500 sq.ft, or the allowed site
coveraqe by up to 5%, HPC shall find may qrant such
variances after makinq a findinq that such variation
is more compatible in character with the historic
landmark and the neiqhborhood, than would be
development in accord with dimensional requirements.
In no event shall variations pursuant to this
section exceed those variations allowed under the
Cottage Infill Program for detached accessory
dwelling units, pursuant to section ~-~ 5__-
510(B) (2).
The proposed development reflects and is consistent
with the character of the neighborhood of the parcel
proposed for development; and
The proposed development enhances or does not
detract from the cultural value historic
siqnificance of designated historic structures
located on the parcel proposed for development or
adjacent parcels; and
The proposed development enhances or does not
diminish or detract from the architectural character
and integrity of a designated historic structure or
part thereof.
Additional development guidelines. The city council, upon
recommendation of the HPC, shall establish additional
guidelines for use by HPC in the review of all
development in a H, Historic Overlay District, and
involving historic landmarks, in accordance with the
procedures in Article 4 Division 1.
E. Minor development.
Procedure for review. Before HPC approval of minor
development and of all development involving historic
landmarks, a development application shall be submitted
to the planning community development director and
reviewed and approved by the HPC pursuant to the
procedures established in Common Procedures, Article 6,
Division 2.
Definition. Minor development shall be defined as
follows:
Erection of an awning, canopy,~..,-~n- fence~
mechanical equipment or other similar attachments
to, or accessory features of a structure, provided
however, that in the process of erecting said
attachments, none of the significant features
original materials of the structure are destroyed
or permanently removed. Incidental destruction or
limited removal necessary to erect any attachment
shall not make the action significant development;
Remodeling of a structure where alterations are made
to no more than one element of the structure,
including but not limited to a roof, window, door,
skylight, ornamental trim, siding, kickplate,
dormer, porch, staircase, and balcony;
Expansion or erection of a structure wherein the
increase in floor area of the structure is two
hundred fifty (250) square feet or less; or
Erection or remodeling of combinations of, or
multiples of no more than three (3) of the following
features: awnings, canopies, signs, fences and other
similar attachments; or windows, doors, skylights
and dormers. Erection of more than three (3) of the
above listed features may be defined as minor if
there is a finding that the cumulative impact of
such development is minor in its effect on the
character of the existing structures.
Erection of street furniture, signs,
benches, public art, or similar
development which is to be placed
throughout the Commercial Core or
Main Street Historic Districts. Th~
community development director may
determine that the development is to
be reviewed as a siqnficant
development, pursuant to Section 7-
601(F). Public hearinq requirements
will not apply.
Application. A development application
development shall include the following:
for minor
The general application information required in
Section 6-202.
be
Rc~crvcd. A site plan or survey (to be determined
at the pre-application conference) showinq property
boundaries and predominant existinq site
characteristics.
An accurate representation of all major building
materials, such as samples and photographs, to be
used for the proposed development.
d. A scale drawing of the proposed development in
relation to any ........ ~ structure.
A statement of the effect of the proposed
development on the original design of the historic
structure (if applicable) and character of the
neighborhood.
F. Significant development.
Procedure for review. Before HPC approval of significant
development within a H, Historic Overlay District and of
all development involving historic landmarks, a
conceptual development plan and final development plan
shall be reviewed and approved by the HPC pursuant to
the procedures established in Common Procedures, Article
6, Division 2.
Definition. Significant development shall be defined as
follows:
Erection of an awning, canopy, sign, fence or other
similar attachments to, or accessory features of,
a structure that, in the process of erecting, cause
iq ~ ~ of the
s nificant features A_~_~_~ .... ~ _
structure to be permanently destroyed or removed;
Erection or remodeling of combinations of, or
multiples of any single feature of a structure
which has not been determined to be minor;
Expansion or erection of a structure wherein the
increase in floor area of the structure is more
than two hundred fifty (250) square feet;
Construction of a new structure within a H,
Historic Overlay District; and
The development of the site of an historic landmark
which has received approval for demolition, partial
~ or off-site relocation when a
development plan has been required by the HPC
pursuant to Section 7-602(B) (G) (5).
Conceptual development plan.
Development
development
conceptual
following:
application of for conceptual
plan. A development application for a
development plan shall include the
(1) The general application information required
in Section 6-202.
(2)
and a survey showing property boundaries and
predominant existing site characteristics.
(3)
Conceptual selection of major building
materials to be used in the proposed
development.
(4)
A statement of the effect of the proposed
development on the original design of the
historic structure (if applicable) and/or
character of neighborhood.
(5) Scale drawings of all elevations of any
proposed structures, including a roof plan.
(6) A visual description of the neiqhborhood
context through at least one of the following:
diagrams, maps, photographs, models, or
streetscape elevations, with the intent to
provide HPC with the necessary information
without adding excessive costs to the
applicant.
Effect of approval of conceptual development plan.
Approval of a conceptual development plan shall not
constitute final approval of significant
development or permission to proceed with
development. Such approval shall constitute only
authorization to proceed with a development
application for a final development plan.
Limitation on approval of conceptual development
plan. Application for a final development plan
shall be filed within one (1) year of the date of
approval of a conceptual development plan. Unless
an extension is granted by the HPC, failure to file
such an application shall render null and void the
approval of a conceptual development plan
previously granted by the HPC.
4. Final development plan.
Submission of application for final development
plan. A development application for a final
development plan shall include:
(1) The general application information required
in Section 6-202.
(2) Reserved.
(3)
An accurate representation of all major
building materials, such as samples and
photographs, to be used for the proposed
development.
(4)
..... -'-- ~ ........ "-~" ..... ~ ~-~"-- Finalized
drawings of the proposal at 1/4"=1'0 scale.
(5)
A statement of the effect of the details of
the proposed development on the original
design of the historic structure (if
applicable) and character of the neighborhood.
(Ord.
(6) A statement of how the final development plan
conforms to the representations made during
the conceptual review and responds to any
conditions placed thereon.
No. 6-1989, § 9; Ord. No. 60-1990, § 3)
Sec. 7-602. Demolition, partial demolition ~--~a4~%-i~, off-
site relocation, on- site relocation, or temporary relocation.
A. General. No demolition, partial demolition or rclocation
,off-site relocation, on-site relocation, or temporary relocation
of any structure included in the Inventory of Historic Sites and
Structures of the City of Aspen, established pursuant to section
9
7-709, or any structure within an "H" Historic Overlay District
shall be permitted unless the demolition, partial demolition ~
--A~A--~A-- off-site relocation, on-site relocation, or temporary
relocation is approved by the HPC because it meets the applicable
standards of section 7-602(B), (C)~ ~ (D), (E), or iF) unless
exempted pursuant to section 7-602(E) (G). For the DurDoses of
this section, "demolition" shall mean the total razin~ of any
structure on an inventoried parcel which contributes to the
historic significance of that parcel. "Partial demolition" shall
mean the razing of a portion of any structure on an inventoried
parcel or the total razinq of any structure on an inventoried
parcel which does not contribute to the historic significance of
that parcel.
B. Standards for review of
demolition shall be granted unless
following standards are met.
demolition. No approval for
the HPC finds that all of the
The structure proposed for demolition is not
structurally sound despite evidence of the owner's
efforts to properly maintain the structure; and
The structure cannot be rehabilitated or reused on site
to provide for any reasonable beneficial use of the
property; and
The structure cannot be practicably moved to another
site in Aspen; and
The applicant demonstrates that the proposal mitigates
to the greatest extent practical, the following:
Any impacts that occur to the character of the
neighborhood where demolition is proposed to occur.
Any impact on the historic impcrtancc siqnificance
of the structure or structures located on the
parcel and adjacent parcels.
Co
Any impact to the architectural character and
integrity of the structure or structures located on
the parcel and adjacent parcels.
C. Standards for review of partial demolition. No approval
for partial demolition shall be granted unless the HPC finds that
all of the following standards are met:
The partial demolition is required for the renovation,
restoration or rehabilitation of the structure; and
The applicant has mitigated, to the greatest extent
possible:
Impacts on the historic impcrtancc siqnificance of
the structure or structures located on the parcel.
Impacts on the architectural character or integrity
of the structure or structures located on the
parcel.
D. Standards for review of off-site relocation. No approval
for off-site relocation shall be granted unless the HPC finds that
all of the following standards are met:
The structure cannot be rehabilitated or reused on its
original site to provide for any reasonable beneficial
use of the property; and
The relocation activity is demonstrated to be the best
preservation method for the character and integrity of
the structure, and the historic integrity of the
existing neighborhood and adjacent structures will not
be diminished due to the relocation; and
The structure has been demonstrated to be capable of
withstanding the physical impacts of the relocation and
re-siting. A structural report shall be submitted by a
licensed engineer demonstrating the soundness of the
structure proposed for relocation; and
A relocation plan shall be submitted, including posting
a bond or other financial security with the engineering
department, as approved by the HPC, to insure the safe
relocation, preservation and repair (if required) of the
structure, site preparation and infrastructure
connections. The receiving site shall be prepared in
advance of the physical relocation; and
The receiving site is compatible in nature to the
structure or structures proposed to be moved, the
character of the neighborhood is consistent with the
architectural integrity of the structure, and the
relocation of the historic structure would not diminish
the integrity or character of the neighborhood of the
receiving site. An acceptance letter from the property
owner of the receiving site shall be submitted.
E~ Standards for review of on-site relocation. No approval
for on-site relocation shall be qranted unless the HPC finds that
the standards of section 7-602(D) (2),(3), and (4) have been met.
F~ Standards for review of temporary relocation. No
approval for temporary relocation shall be granted unless the HPC
finds that the standards of section 7-602(D) (3) and (4) have been
met.
E.GI. Exemption. The demolition, partial demolition ~
....... ~A_ off-site relocation, on-site relocation, or temporary
relocation of a structure located within an "H" Historic Overlay
District may be exempt from meeting the applicable standards in
section 7.602(B), (C), ~ (D) .(E) or (F) if the HPC finds that
the following conditions have been met:
The structure is not identified on the Inventory of
Historic Sites and Structures.
The structure is considered to be noncontributing to the
historic district.
The structure does not contribute to the overall
character of the historic district, and that its
demolition, partial demolition ~ ,off-site relocation,
on-site relocation or temporary relocation does not
impact the character of the historic district.
e
The demolition, partial demolition ~ , off-site
relocation, on-site relocation or temporary relocation
is necessary for the redevelopment of the parcel.
The redevelopment or new development is reviewed by HPC~
pursuant to section 7-601.
~.H_~. Procedure for review. A development application shall be
submitt ~ ~ _Au community
ed to the ~-~--~ .......... ~-- ~ ~
development director before HPC approval of demolition, partial
demolition cr ,off-site relocation, on-site relocation, temporary
ti exempti (ct ...... : .... ~ """ ~- --~-
reloca on, or on ...... ~.. ...... ~, ......
Ovcrlay ........ ,) which shall be reviewed and approved by the HPC
pursuant to the procedures established in Common Procedures,
Article 6, Division 2.
The HPC shall be authorized to suspend action on demolition,
partial demolition ~ , off-site relocation, or on-site relocation
application when it finds that it needs additional information to
determine whether the application meets the standards of section
7.602,~
~, or that the proposal is a matter of such great public
concern to the city that alternatives to the demolition, partial
demolition ~ , off-site relocation or on-site relocation must be
studied jointly by the city and the owner. Alternatives which the
HPC may consider having studied shall include, but not be limited
to finding economically beneficial uses of the structure, removal
of the structure to a suitable location, providing public subsidy
to the owner to preserve the structure, identifying a public
entity capable of public acquisition of the structure, or revision
to the demolition, partial demolition ~ , off-site relocation or
on-site relocation and development plan. The HPC shall be required
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to specify the additional information it requires or the
alternatives it finds should be studied when it suspends action on
the ..... ~ ...... demolition, partial demolition ~ off-site
relocation, or on-site relocation application. Action shall only
be suspended for the amount of time it shall take for the
necessary information to be prepared and reviewed by the plannin~
community development director, but in no case shall suspension be
for a period to exceed six (6) months.
~.I_~. Application for demolition, partial demolition, off-
site relocation, on-site relocation, or temporary relocation, or
~9~m~-/~.A development application ' ' shall include
the following:
The general application information required in section
6-202.
A written description of the structure proposed for
demolition, partial demolition, off-site relocation, on-
site relocation, temporary relocation or exemption cr
--A~----~A-- and its year of construction.
A report from a licensed engineer or architect regarding
the soundness of the structure and its suitability for
rehabilitation.
For demolition or off-site relocation only; An economic
feasibility report that provides:
Estimated market value of the property on which the
structure lies, in its current condition, and after
demolition or relocation.
Estimates from an architect, developer, real estate
agent or appraiser experienced in rehabilitation
addressing the economic feasibility of
rehabilitation or reuse of the structure proposed
for demolition or relocation.
Ail appraisals made of the property on which the
structure is located made within the previous two
(2) years.
Any other information considered necessary to make
a determination whether the property does yield or
may yield a reasonable return on investment.
For demolition, partial demolition, off-site relocation
and on-site relocation only; A development plan and a
statement of the effect of the proposed development on
the other structures on the property and the character
of the neighborhood around the property shall be
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submitted so that HPC is able to make a findinq whether
the applicable standards are met. In the case of a
demolition or off-site relocation, the development Dian
will be reviewed as a Significant Development
application, pursuant to section 7-601.
H~.J_~.Application for Dcmclition or Exemption from Demolition,
Partial Demolition or Off-site relocation, On-site relocation or
Temporary Relocation. A development application for ~l
~-~l~tlon~ ~ exemption shall include all items specified in section
'~''~' '~' ~-~ '~'.(I) (1) and (2)
7-602~ ~/, ~ .... ~=~ ·
~-~.K~ Penalties. A violation of any portion of this section 7-
602 shall prohibit the owner, successor or assigns from obtaining
a building permit for the affected property for a period of five
(5) years from the date of such violation. The city shall initiate
proceedings to place a deed restriction on the property to this
effect to insure the enforcement of this penalty.
(Ord. No. 17-1989, § 1; Ord. No. 9-1991, § 1)
Sec. 7-603. Insubstantial amendment of development order.
A. An insubstantial amendment to an approved development
order may be authorized by the -~--4--~....~..~ community development
director. An insubstantial amendment shall be limited to technical
or engineering considerations, first discovered during actual
development which could not reasonably be anticipated during the
approval process. An insubstantial amendment shall be defined as
a change in shape or location of a single window, awning, door,
staircase or other feature on the structure or use of a material
made by a different manufacturer that has the same quality and
approximately the same appearance as originally approved.
B. Ail other amendments shall be approved by the HPC pursuant
to Section 7-601 to 7-602, whichever is applicable.
Bec. 7-604. Appeal and ¢all up.
A. Any action by the HPC in approving, approving with
conditions, or disapproving a development order 'A- ~ .... ~ ..... "or
~ or suspending action on a demolition, partial
demolition, off-site relocation, or on-site relocation application
or in rating a structure on the inventory of historic sites and
structures may be appealed to the city council by the applicant or
a landowner within three hundred (300) feet of the subject
property within sixty (60) days of the decision. The reasons for
the appeal shall be stated in writing.
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The city council may also call up for review any decision of the
HPC approving, disapproving, or suspending action on a demolition
~ , partial demolition, off-site relocation or on-site relocation
of a h ....... la.~dmark v~ any structure on the inventory
serving written notice on the HPC within fourteen (14) days of the
HPC's decision and notifying the applicant of the call up.
B. Within thirty (30) days after the date of a decision by
the HPC which is appealed or called up by the city council, the
council shall hold a public hearing after publishing notice
pursuant to Section 6-205E.3.a.
C. The city council shall consider the application on the
record established before the HPC. The city council shall affirm
the decision of the HPC unless the city council shall determine
that there was an abuse of discretion, or a denial of due process
by the HPC. Upon determining that there was an abuse of discretion
or denial of due process, the city council shall be authorized to
take such action as it shall deem necessary to remedy said
situation, including but not limited to reversing the decision,
altering the conditions of approval, changing the length of time
during which action on a demolition, partial demolition, off-site
relocation or on-site relocation application has been suspended or
the terms of the suspension, or remanding the application to HPC
for rehearing.
(Ord. No. 7-1989, § 2)
Sec. 7-605. Variances.
The board of adjustment shall not take any action on a
development application for a variance pursuant to Article 10, in
the H, Historic Overlay District or development affecting a
historic landmark, without receiving a written recommendation from
the HPC.
Sec. 7-606. Minimum maintenance requirements.
A. Purpose. The intent of this section is to reduce the
incidence of "demolition by neglect."
B. Requirements. Ail buildings and structures identified in
the inventory of historic sites and structures as described in
Section 7-709, and all structures located within a historic
district, shall be maintained to meet the requirements of the
Uniform Conservation Building Code (UCBC) and the Uniform Building
Code (UBC). Said structures shall receive reasonable care,
maintenance and upkeep appropriate for the preservation,
protection, enhancement, rehabilitation, reconstruction,
perpetuation or use in compliance with the terms of this article.
Every owner or ~erson in charge of such building or structure
shall keep in good repair:
1. Ail of the exterior portions of such improvements.
Ail interior portions thereof which, if not so
maintained, may cause or tend to cause the exterior
portions of such improvements to deteriorate, decay or
become damaged or otherwise to fall into a state of
disrepair.
The historic preservation commission, on its own initiative, may
file a petition with the chief building official requesting that
said official proceed under the provision of this section to
require correction of defects or repairs to any structure covered
by this article so that such structure shall be preserve and
protected in consonance with the purpose of this article.
C. Demonstration of hardship. Any owner of a structure
identified in the inventory of historic sites and structures which
HPC and the chief building official finds requires such
maintenance and repairs as described in this section may make
application requesting from the city council a one-time, no
interest loan, in an amount not to exceed ten thousand dollars
($10,000.00), which the owner shall agree to pay back to the city
within ten (10) years or when the property is sold or the title is
transferred, whichever is the soonest. An extension of the payment
period may be granted by the city council, following written
request by the owner.
To be eligible for the loan, the owner shall submit a written
request to the planning community development director, which
shall include a description of the proposed repairs necessary to
maintain the historic structure and approximate costs for such
repairs. The loan request shall also demonstrate economic hardship
which previously prohibited these repairs and that the loan amount
is the minimum needed to maintain the structure.
The loan request shall be considered by the city council. Any loan
granted by the council shall be administered through the pl&nnin~
community development director, who shall obtain copies of bills
from the owner substantiating all expenditures made to maintain
the structure with monies obtained from the loan.
D. Penalties waived. The general penalties for violations
of the Aspen Municipal Code contained in Chapter 1, Section 1-8,
shall not apply to violations of these minimum maintenance
requirements.
(Ord. No. 7-1989, § 2)
DIVISION 7. HISTORIC OVERLAY DISTRICT AND HISTORIC LANDMARKS
Sec. 7-70L. Reserved.
16
Editor's note--Ord. No. 60-1989, § 2, repealed ~ 701,
relative to the purpose of the division, which derived from Ord.
No. 5-1988.
Sec. 7-702. Standards for designation.
Any structure or site that meets one or more of the following
standards may be designated as H, Historic Overlay District and/or
historic landmark:
A. Historical importance. The structure or site is a
principal or secondary structure or site commonly identified or
associated with a person or an event of historical significance to
the cultural, social or political history of Aspen, the State of
Colorado, or the United States.
B. Architectural importance. The structure or site reflects
an architectural style that is unique, distinct or of traditional
Aspen character.
C. Architectural importance.
the distinguishing characteristics
architectural type or specimen.
The structure or site embodies
of a significant or unique
D. Architectural importance. The structure is a significant
work of an architect whose individual work has influenced the
character of Aspen.
E. Neighborhood character. The structure or site is a
significant component of an historically significant neighborhood
and the preservation of the structure or site is important for the
maintenance of that neighborhood character.
F. Community character. The structure or site is critical
to the preservation of the character of the Aspen community
because of its relationship in terms of size, location and
architectural similarity to other structures or sites of
historical or architectural importance.
Sec. 7-703. Procedure for designation, amendment, rescinding.
A development application for a proposed designation,
amendment to a designation, or rescinding of a designation, H,
Historic Overlay District and/or historic landmark, shall be
reviewed and recommended for approval, approval with conditions,
or disapproval by the planning community development director,
by the HPC, and bv the planninq and zoninq
commission at a public hearinq, and then approved, approved with
conditions, or disapproved at a public hearing by the city council
in accordance with the procedures established in Common
Procedures, Article 6, Division 2.
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Sec, 7-704, &pplication.
The application for historic designation shall include the
following:
The general application information required in Section
6-202; and
B. A boundary description of the site.
Ce
If the applicant intends to request a grant from city
council, a letter making the request shall be submitted,
.................... ~ ........ grant and prov ed the
program has been funded in the annual City of Aspen
budget. Any residential structure which is designated
as a historic landmark after January 1, 1995 is eligible
to receive a $2,000 grant on a one time basis, until the
yearly budget allotment is spent.
(Ord. No. 6-1989, § 9)
Sec. 7-705. Recordation of designation.
Upon the effective date of an act by the city council
designating a H, Historic Overlay District or Historic Landmark,
the secretary of the HPC shall notify the city clerk of the
designation, who shall record among the real estate records of the
clerk and recorder of Pitkin County, Colorado, a certified copy of
the ordinance creating the H, Historic Overlay District or
historic landmark. The ordinance shall contain a legal description
of the structure or site designated.
Sec. 7-706. Placement on city's official zone district map.
Upon the effective date of an act by the city council
designating H, Historic Overlay District or historic landmark, the
secretary of the HPC shall notify the~..~..~---~-- community
development director and the~....~..~-~--=-- community development
director shall place the H, Historic Overlay District designation
on the city's official zone district map, which is kept in the
~ ......... ~ .......... ~ ....... agcncy, commun development department.
Sec. 7-707. Rescinding designation.
An application for rescinding designation shall follow the
same submission requirements and review procedures as for
designation described in this division except that with respect to
Section 7-704(C), an explanation shall be included describing why
the designated site or structure is not consistent with the
standards in Section 7-702.
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Sec. 7-708. Establishment of district.
There are two (2) existing H, Historic Overlay Districts in
the city. These districts are the Commercial Core District and the
Main Street District. In all cases when districts are discussed in
this chapter, these two (2) districts are the only districts to
which reference is being made.
Sec. 7-709. Establishment of inventory of historic sites and
structures.
A. There is hereby established an inventory of historic
sites and structures in the city of Aspen. The inventory shall be
maintained in the offices of the ~
community development department at all times for inspection by
the general public during regular business hours. The inventory of
historic sites and structures shall include all structures in the
City p __~_~ ............... ~_~ _u~ ........ which are at
of As eR ~ ..... z ..........
least fifty years old and which continue to have historic value,
and such other structures identified by the HPC as being
outstanding examples of more modern architecture. Historic sites
are parcels which may or may not have structures on them, but
primarily have significance as parks, cemeteries, archaeological
resources or similar types of landscapes, Ail properties included
on the inventory will be adopted by legal description, and HPC
will have the appropriate review authority over the entire
property. In the case that an application is made for a lot split
on an inventoried parcel, HPC shall review the application in
terms of impacts on the significance of the historic resource and
shall propose any appropriate conditions of approval or
recommendation for denial to the planning and zoning commission
and city council.
B. It shall be the responsibility of the HPC, based on the
recommendations of the planning community development director, to
evaluate the inventory of historic structures at least once every
five (5) years, and to hold a public hearing to solicit comments
on its evaluations. The purpose of the evaluation shall be to
determine those structures which are to be removed from the
inventory, any structures which should be added to the inventory,
and to rate all structures which remain on the inventory.
C. The HPC evaluation process shall proceed as follows: The
structures on the inventory shall be categorized as to whether or
not they are historic landmarks. No further action need be taken
with respect to historic landmarks. All structures which are not
historic landmarks shall be evaluated by the HPC as to their
current architectural integrity, historic significance and
community and neighborhood influence and categorized accordingly,
as follows:
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Significant: Ail those resources previously ratcd which are
considered Exceptional, Excellent, or those resources individually
eligible for listing on the National Register of Historic Places.
All structures or sites within the City of Aspen, which are listed
on or eligible for listing on the National Register of Historic
Places shall be reviewed according to the "Secretary of the
Interior's Standards for Rehabilitation" in addition to the review
standards of Section 7-601 and 7-602. The "Secretary of the
Interior's Standards for Rehabilitation" are:
1. Every reasonable effort shall be made to
provide a compatible use for a property which
reguires minimal alteration of the building,
structure, or site and its environment, or to
use the property for its originally intended
purpose.
The distinguishing original qualities or
character of a building, structure, site or
its environment shall not be destroyed. The
removal or alteration of any historic material
or distinctive architectural features should
be avoided when possible.
Ail buildings, structures, and sites shall be
recognized as products of their own time.
Alterations that have no historical basis and
which seek to create an earlier appearance
shall be discouraged.
4__~. Changes which may have taken place in the
course of time are evidence of the history and
development of a building, structure, or site
and its environment. These changes may have
acquired significance in their own right, and
this siqnificance shall be recognized and
respected.
Distinctive stylistic features or examples of
skilled craftsmanship which characterize a
building, structure, or site shall be treated
with sensitivity.
Deteriorated architectural features shall be
repaired rather than replaced, wherever
possible. In the event replacement is
necessary, the new material should match the
material being replaced in composition,
desiqn, color, texture, and other visual
qualities. Repair or replacement of missing
architectural features should be based on
accurate duplications of features,
20
substantiated by historic, physical, or
pictorial evidence rather than on conjectural
desiqns or the availability of different
architectural elements from other buildinqs or
structures.
7. The surface cleaninq of structures shall be
undertaken with the qentlest means possible.
Sandblastinq and other cleaninq methods that
will damaqe the historic buildinq materials
shall not be undertaken.
8. Every reasonable effort shall be made to
protect and preserve archaeoloqical resources
affected by, or adjacent to, any project.
Contemporary desiqn for alterations and
additions to existinq properties shall not be
discouraqed when such alterations and
additions do not destroy siqnificant
historical, architectural or cultural
material, and such desiqn is compatible with
the size, scale, color, material, and
character of the property, neiqhborhood, or
environment.
10. Whenever possible, new additions or
alterations to structures shall be done in
such a manner that if such additions or
alterations were to be removed in the future,
the essential form and integrity of th~
structure would be unimpaired.
Contributing: Ail those historic or architecturally
significant resources that do not meet the criteria for
Significant, provided, however, these resources have maintained
their historic integrity or represent unique architectural design.
Supporting: Ail those historic resources that have lost their
original integrity, however, are "retrievable" as historic
structures (or sites). These structures have received substantial
alterations over the years, however, with substantial effort could
be considered Contributing once again.
Non-Contributing: Ail those structures that are either:
New or not-historic construction within a historic
district, and
(Ord. No.
b. Historic structures with complete loss of integrity,
either within or outside a historic district.
61-1989, § 1)
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Sec. 7-710. Development approval for historic landmark.
Whenever development approval is conditioned upon a structure
receiving historic landmark designation, such condition shall be
deemed satisfied only if the particular structure has received
individual designation pursuant to Article 7, Division 6; inclusion
of the structure within an historic overlay district shall not be
sufficient to satisfy the requirement of historic designation. No
final development approval conditioned upon receipt of historic
landmark designation shall be granted until the designation
ordinance is adopted by city council.
(Ord. No. 6-1989, § 9)
APPROVED by the Commission at their regular meeting of March 21,
1995.
ATTEST:
Jan~arney, Depffy City Clerk
ASPEN PLANNING AND
Bruce Kerr, Choir
Date signed ~/.?//~7~