Loading...
HomeMy WebLinkAboutminutes.hpc.19750110RECORD OF PROCEEDINGS 100 Leaves i~istoric Preservation Cceanit-tee Januar~ I0, 1975 Meeting was called to order by ~hainTan Lary Groen at 2:11%~th m~s .~Dna Frost, Jerrry Michaels, Terry End, Bob F~lrsh ~und ~orm ~urns. \ OBSERVER M~s. Helene Jol~qson was an observer for t~he LeaT.~e of ;~c~an Voters. POPCORN The Cit3- F~nager 1-~d suhnitted a ~ and a section frc~ Council minutes of December 23rd in which tb~ Mayor had asked for the Mall Cc~mission and the HPC to come up with a policy towards movable b'~sJnesses such as the ?opcorn Wagon in ~ ~,~11. Burns po~te~ out that there seemed to be no auttDrity wit~hin their OrdLnance giving the~ ~%e power to consider t2~s point. Marsh thought ti~t t/~e Popcorn Wagon should not be considered historic in -~he ~-~r~ serme as the buildLng's built in tl~e Victorian era. Gro~_n suggested that they consult ,~e Ci~f Attorney r~arding their reply to Council. APPROVAL OF MINUTES ~arns move~J to appro%~ the n'inutes of Dec~nber 20, 1974. Frost seconded. All iD. favor, motion carried. NEW BUSINESS Mr. Bill Fibrin presented a letter to the .~C asking for the West End of Aspen. to be c~idered a historic dis-~ri~c. "Eistoric Preservation ~c~tnittee A~mp~-[, Co!ora~o Gentlemen and Ladies : The West Side Improvement Asscciation hereby requests that the Historic Preservation Con%n%ittee undertake the task of creating an historic overlay d. istrict in the west side residential area of Aspen. Certain preliminary steps have been taken by WSIA. Mr. Robert Marsh, Chair:~%an of the Historic Overlay Committee of WSIA, is most current on the e~act status of our efforts. S~ncerely, William H. Kir%'in, Jr. Chairman, WSIA" The question over boundaries came up again and Marsh noted that on the petition signed by over half of 'the property owners in 'the West End~ the defiDition of the boundaries was a very loose one incorporating Castle Creek, the Institute property an~ the North si~e of Main Street. He noted tkat since that he has had a meeting with the City Attorney and Planner John Stanford who recommended not to include Main Street. His position was that since over half of the owners had signed the petition with the for~ner boundaries, they should let it stand with those listed and let Council and the Planning Office reject it if they want to. Groen said that they had an'ticipated problems with the lodgeowners on Main Street which is why it had originally been left out by planners from the WSIA at a past meeting. Marsh questioned whether they wouldn't have to recirculate a petition with new boundaries but Cole thought that they should look at the petition as simply a groundswell from the people and shouldn't have to be repeated. Groen thought that they should have some clarification from the City Attorney regarding the boundaries. Michaels asked what changes there would be to the West End and Burns noted that the conditions would be the same as the historic core. Buildings would have to be reviewed before issuance of the permit. Marsh -1- HPC 1-10-75 WSIA, cont'd Motion Procedures LETTER TO THE COUNTY COMMISSIONERS CITY ATTORNEY said that one of the main reasons for the WSIA's asking for the historic district is for more control because there has been pressure to build condominiums in the West End and also certain illegalities of the building code have been allowed to exist by the Building Department which they would like to be able to have some control over. Michaels asked if they had any criteria and Marsh said none had been drawn up yet. Kirwin asked that the WSIA have some confirmation that the HPC would look into making the West End a historic district. Marsh moved to accept the task of creating a historic over- lay district for the West Side Improvement Association as proposed in the letter sent by William H. Kirwin, Jr., Chairman of the WSIA. Burns seconded. All in favor, motion carried. Marsh presented the next step towards making the district as being an investigation by the HPC of the WSIA's suitability towards being a historic district and said that this had already been accomplished. Then letters had to be sent out to the property owners in the West End. Groen read two of the sample letters to be sent out in which owners are appraised of the request for a historic district and given consent forms to be sent back to the City. Also to be enclosed is a memo from the City Attorney explaining to property owners the effects of a historic district. T~ next step would be for the HPC to pass a Resolution in favor of the district. Members felt that they should also write a letter to the owners stating the reasons why the Committee is in favor of the district and Marsh was nomin- ated to write the letter. He read to them a categorization of the types of buildings within the West End compiled by the WSIA. Members wanted these figures to be included into that letter. Michaels asked if a condominium would be allowed in the area now and Burns noted that the zoning code probably wouldn't allow them in the area now. Members felt that it should also be outlined the reasons for wanting the district and why the boundaries are left as is. Michaels thought that they should include the Institute property since it would prevent undesirable building up of the area but Cole replied that under the new zoning code, the Institute was listed as a Specially Planned Area requiring a Master Plan prestned and approved before the P & Z before any buildings would go up. He also thought that vacant land shouldn't be zoned historic. Groen also wanted to get Marsh's opinion on whether there would be any color controls in the West End and Marsh felt that colors were important. Groen read the letter that had been sent to the County Manager asking him to look into the "possible eventual designation of the historic core". Marsh hoped that the HPC weren't going to always stress the antique factor. Groen asked Cole if there has been any talk of a taxi stand for the proposed terminal and Cole said he hadn't seen any sketches yet for them on any underground facilities. Ms. Stuller went over the history of the Popcorn Wagon from the point where they had been temporarily relocated in the Mall and violated public right of way so were asked to move. The wagon itself is a non-conforming structure which is not even recognized in the Building Code. The Johnsons' took it to the Board of Appeals as a hardship and were awarded a variance even though, Ms. Stuller felt, the Board did not have the power to do so. She also noted that a permit was never issued to the Popcorn Wagon. Ms. Stuller said that if the Wagon is to be recognized as a structure, they will have to provide adjacent facilities and have a reprisal from the fire laws and an Ordinance would then -2- RECORD OF PROCEEDINGS 100 Leaves Regular Meeting Historic Preservation Committee January; 10,1975 CITY ATTORNEY, cont'd be drafted to cover these items if Council wishes to have this type of structure recognized. She noted that this was the issue whether it should be allowed and felt that Council will have to make that decision alone but were asking for guidelines or criteria from them. She allowed that much hostility might come from businesses that had to build permanent structures at a high cost if Council did allow these movable businesses to exist. Burns noted that he had found nothing in their Ordinance pertaining to the problem and she reiterated that Council was searching for some guidelines from the HPC. Groen asked if they couldn't let the lease run out and then not allow any more into the area. She noted that the lease was not with the Popcorn Wagon but with the Ski Corp. Groen asked if a plan had been submitted and Ms. Stuller said she had been under the impression that the HPC or Mall Commission had seen the sketch but it had not been of enough sophisti- cation to keep. Groen mentioned the objections of several of the Mall Commission members had had to the handwarmers put out into the middle of the Mall by the Popcorn Wagon which helps to attract customers and the Johnson's had never asked permission. He thought that they should send some reply to the City Manager regarding the member's feelings on this type of movable structure even if to only say it isn't within their purview. ORDINANCE 19 REVIEWS Groen asked Ms. Stuller about their recent attempts to have conditional approvals enforced, namely DeeDee Brinkman's painting of the aluminium siding on her building and the illegal building of a porch on the yellow house on Hopkins Street. He noted that the City Manager had talked to them and had fel~ they had either exceeded their authority or jumped the gun. The City Manager said that when Ordinance 19 expired, any actions taken from that point were terminated Groen noted that member feeling is that if an action were iniated during the Ordinance 19 then it should be binding. Ms. Stuller said that the issue was not timing but that part of the function of Ordinance 19 was to preserve the HPC's perogatives while the Council decided their future, and the way these perogatives were preserved was through a review process whereby the HPC would given either a positive or negative recon~endation to the P & Z and if they accepted the recommendation, it would be incorporated into the final plans with those conditions attached to the recommendation. She commented that she knew the yellow house on Hopkins had never come before the P & Z and questioned whether DeeDee Brinkman's had either. Groen explained that Eugene Sylvestri of the Solarium, had volunteered to replace the mirrored glass(which members' had objected to)in his restaurant in exchange for approval of a walkin cooler but that the P & Z had never known about it. Burns said that the yellow house had never come for a review and it was just a building code violation that they had been trying to rectify. Ms. Stuller noted that from now on the permits will have to come before them and that it is then just a matter of energizing the Building Department towards enforcement. Burns wondered if the approvals given after 19 had expired would have to go through them again if a building permit had not been granted before the expiration and Ms. Stuller was affirmative adding that Council had itemized certain buildings that would be exempt from that clause. -3- HPC 1-10-75 Burns mentioned a routing slip that they might put into use on approvals and Ms. Stuller recommended this plan plus ordering a seal forthhe HPC to be affixed onto the plans after approval is given. Popcorn Wagon, cont'd Burns thought that they should send a letter to the City Manager outlining their objections to the Council asking for policY guidelines on movable businesses in the Mall. He noted that"the letter'ShoUld include the fact that their Ordinance describes that their responsibilities are not to make judgements Qf this kind. If the popcorq wagon comes before them for a ~ove or a chang~ Of s6m~ sort, they will d~cide Upoh the'basis of their criteria only. Motion Frost moved Go send a letter to the city-Manager Stating the above reasons. Marsh seconded. All in favor, motion c&rried~ ...... ' Marsh moved toadjourn the meeting'and'Burhs'seeonded. in fav0~i'meeting adjourned at 4:00 p.m. S~san:B.S~i~h,~:De~u~ City ~lerk Ail -4-