HomeMy WebLinkAboutresolution.hpc.020-2006
RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC)
APPROVING AN APPLICATION FOR MAJOR DEVELOPMENT (FINAL) AND
VARIANCES FOR THE PROPERTY LOCATED AT 100 EAST BLEEKER A VENUE,
LOT K, BLOCK 65, CITY AND TOWNSITE OF ASPEN, COLORADO
RESOLUTION NO. 20, SERIES OF 2006
PARCEL 10: 2735-124-37-005.
WHEREAS, the applicant, Nancy Spears, represented by Haas Land Planning and Rally Dupps,
has requested Major Development (Final) and variances for the property located at 100 East
Bleeker Street, Lot K, Block 65, City and Townsite of Aspen, Colorado; and
WHEREAS, Section 26.415.070 of the Municipal Code states that "no building or structure
shall be erected, constructed, enlarged, altered, repaired, relocated or improved involving a
designated historic property or district until plans or sufficient information have been submitted
to the Community Development Director and approved in accordance with the procedures
established for their review;" and
WHEREAS, for Final Major Development Review, the HPC must review the application, a staff
analysis report and the evidence presented at a hearing to determine the project's conformance
with the City of Aspen Historic Preservation Design Guidelines per Section 26.415.070.D.3.b.2
and 3 of the Municipal Code and other applicable Code Sections. The HPC may approve,
disapprove, approve with conditions or continue the application to obtain additional information
necessary to make a decision to approve or deny; and
WHEREAS, for 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 26.415.11 O.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, Amy Guthrie, in her staff report dated July 26th, 2006, performed an analysis of
the application based on the standards, found that the review standards and the "City of Aspen
Historic Preservation Design Guidelines have been met, and recommended approval with
conditions; and
WHEREAS, at their regular meeting on July 26, 2006, the Historic Preservation Commission
considered the application, found the application was consistent with the review standards and
"City of Aspen Historic Preservation Design Guidelines" and approved the application by a vote
01'5 to I.
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NOW, THEREFORE, BE IT RESOLVED:
That HPC hereby grants approval for Major Development (Final) for the property located at 100
East Bleeker Street, Lot K, Block 65, City and Townsite of Aspen, Colorado, as proposed with
the following conditions;
I. Exhibit II is the approved design, as presented on July 26, 2006.
2. Revise the kitchen layout and preserve the unobstructed bay window, to be approved by
staff and monitor.
3. Reduce the side steps off of the connector piece on the east elevation, to be approved by
HPC staff and monitor.
4. Restudy the fenestration patterns on the east elevation, to be approved by HPC staff and
monitor.
5. Staff and monitor to approve the location of the fireplace vents
6. The applicant must submit a detailed landscape for approval by staff and monitor.
7. HPC statl' and monitor must approve any changes with regard to the type and location of
exterior lighting fixtures by reviewing a plan prior to wiring, purchasing, or installing the
fixtures. The lighting fixtures need to comply with City Municipal Code.
8. There shall be no deviations from the exterior elevations or materials as approved without
first being reviewed and approved by HPC staff and monitor, or the full board.
9. A 500 square foot FAR bonus is granted for rehabilitation and construction on the
condition that two 250 square foot TDR certificates will be severed from the property.
10. A structural report demonstrating that the building can be moved and/or information from
the housemover about how the house will be stabilized must be submitted with the
building permit application.
II. A bond or letter of credit in the amount of $30,000 to insure the safe relocation of the
structure must be submitted with the building permit application.
12. A relocation plan detailing how and where the building will be stored and protected
during construction must be submitted with the building permit application.
13. The following setback variances are granted: 9.6 rear yard setback, 5 foot west side yard
setback, an east side yard setback variance of up to 5 feet to accommodate lightwells, and
a combined side yard setback variance up to 10 feet, including lightwells.
14. Demolition is granted for the addition and garage.
15. Relocation of the historic home two feet forward of its current location.
16. The conditions of approval will be required to be printed on the cover sheet of the
building permit plan set and all other prints made for the purpose of construction.
17. The applicant shall be required to provide the contractor with copies of the HPC
resolution applicable to this project. The contractor must submit a letter addressed to
HPC staff as part of the building permit application indicating that all conditions of
approval are known and understood and must meet with the Historic Preservation Officer
prior to applying for the building permit.
18. The General Contractor and/or Superintendent shall be required to obtain a specialty
license in historic preservation prior to receiving a building permit.
19, 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 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 fourteen (14) days following final approval of all 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 circulation within the jurisdictional boundaries of the
City of Aspen, a notice 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: 100 East Bleeker 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 26th day of July 2006.
Approv
to Form:
Lf
Davi Hoefer, Assistant
Attorney
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Kathy Str' kland, Chief Deputy Clerk