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RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC)
APPROVING AN APPLICATION FOR MINOR DEVELOPMENT AND A VARIANCE
FOR A NEW ROOFTOP DECK AND RAILING FOR THE PROPERTY LOCA TED AT
510 EAST HYMAN A VENUE, UNITS 1 -4 B.P.O.E. CONDOMINUMS, BLOCK 94, CITY
AND TOWNSITE OF ASPEN, COLORADO
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JANICE K vas CAUDILL PITKIN COUNTY CO R 11.00 0 0.00
RESOLUTION NO. 34, SERIES OF 2006
PARCEL ID: 2737-182-13-801.
WHEREAS, the applicant, the Aspen Elks Lodge, represented Mike Haman, has requested
Minor development and a height variance for the property located at 501 East Hyman Avenue,
Units 1-4 Condominiums, Block 94, 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, the procedure for a Minor Development Review is as follows. Staff reviews the
submittal materials and prepares a report that analyzes the project's conformance with the design
guidelines and other applicable Land Use Code Sections. This report is transmitted to the HPC
with relevant information on the proposed project and a recommendation to continue, approve,
disapprove or approve with conditions and the reasons for the recommendation. The HPC
reviews the application, the staff analysis report and the evidence presented at the hearing to
determine the project's conformance with the City of Aspen Historic Preservation Design
Guidelines. 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 variances, the HPC must review the application, a staff analysis
report and the evidence presented at a hearing to determine, per Section 26.314.040 of the
Municipal Code, that the setback variance:
a. In order to authorize a variance from the dimensional requirements of Title 26, the
appropriate decision making body shall make a finding that the following three (3)
circumstances exist:
1. The grant of variance will be generally consistent with the purposes, goals, objectives,
and policies of the Aspen Area Community Plan and this Title;
2. The grant of variance is the minimum variance that will make possible the reasonable
use of the parcel, building or structure;
3. Literal interpretation and enforcement of the terms and provisions of this Title would
deprive the applicant of rights commonly enjoyed by other parcels in the same zone
district, and would cause the applicant unnecessary hardship or practical difficulty. In
determining whether an applicant's rights would be deprived, the board shall consider
whether either of the following conditions apply:
a. There are special conditions and circumstances which are unique to the
parcel, building or structure, which are not applicable to other parcels, structures
or buildings in the same zone district and which do not result from the actions of
the applicant;
b. Granting the variance will not confer upon the applicant any special privilege
denied by the Aspen Area Community Plan and the terms of this Title to other
parcels, buildings, or structures, in the same zone district.
WHEREAS, Sara Adams, in her staff report dated November 15th, 2006, performed an analysis
of the application based on the standards, found the review standards and the "City of Aspen
Historic Preservation Design Guidelines have been met, and the criteria for a variance
demonstrated; and
WHEREAS, at their regular meeting on November 15, 2006, the Historic Preservation
Commission considered the application, found the application for Minor Development and a
variance met the "City of Aspen Historic Preservation Design Guidelines" and variance review
criteria, and approved the application by a vote of 6-0.
NOW, THEREFORE, BE IT RESOLVED:
That HPC hereby recommends approval of the application for Minor Development and a
Variance for the property located at 510 East Hyman A venue, Units I - 4, Condominiums, Block
94, City and Townsite of Aspen, Colorado, with the following conditions:
I. A height variance is granted to allow for the minimum required height by Building Code
for a railing (3'6") on the rooftop to surround a small 12' x 12' flat deck set 9'4" back
from the west parapet wall.
APPROVED BY THE COMMISSION at its regular meeting on the 15th day of November
2006.
Ap
t City Attorney
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TlON COMMI ION
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J"NICE K VOS C"UOILL PITKIN COUNTY CO R 11.00 0 0.00