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RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC)
APPROVING AN APPLICATION FOR MINOR DEVELOPMENT, DEMOLITION AND
VARIANCES FOR THE PROPERTY LOCATED AT 134 WEST HOPKINS AVENUE, LOT 1 OF
134 AND 134 Yz WEST HOPKINS HISTORIC LANDMARK LOT SPLIT, BLOCK 59, CITY AND
TOWNSITE OF ASPEN, COLORADO
RESOLUTION NO. 36, SERIES OF 2006
PARCEL 10: 2735-124-19-001.
WHEREAS, the applicant, Michelle Snyder, represented by George Winne of George Winne
Architects, has requested Minor Development, Demolition, and Variance for the property
located at 134 West Hopkins Avenue, Lot 1 of 134 and 134 Y, West Hopkins Historic Landmark
Lot Split, Block 59, City and Townsite of Aspen, Colorado.
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, in order to authorize a demolition, according to Section 26.415.080, Demolition of
designated historic properties, it must be 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
Additionallv. for approval to demolish. all of the following criteria must be met:
a. The structure does not contribute to the significance of the parcel or historic
district in which it is located, and
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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
Demolition of the structure will be inconsequential to the historic preservation
needs of the area; and
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c.
WHEREAS, for approval of an FAR Bonus, the HPC must review the application, a staff
analysis report and the evidence presented at a hearing to determine, per Section
26.415.110.C of the Municipal Code, that:
a. The design of the project meets all applicable design guidelines; and
b. The historic building is the key element of the property and the
addition is incorporated in a manner that maintains the visual integrity of the historic
building and/or
c. The work restores the existing portion of the building to its historic appearance; and/or
d. The new construction is reflective of the proportional patterns found in the historic
building's form, materials or openings; and/or
e. The construction materials are of the highest quality; and/or
f. An appropriate transition defines the old and new portions of the building; and/or
g. The project retains a historic outbuilding; and/or
h. Notable historic site and landscape features are retained; 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 26.415.110. B of the
Municipal Code, that the setback variance:
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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.
WHEREAS, Sara Adams, in her staff report dated December 13th, 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 December 13, 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 4 to O.
NOW, THEREFORE, BE IT RESOLVED:
That HPC hereby recommends approval of the application for Minor Development, Demolition and
Variances for the property located at 134 West Hopkins Avenue, Lot 1 of 134 and 134 Y, West
Hopkins Historic Landmark Lot Split, Block 59, City and Townsite of Aspen, Colorado with the
following conditions:
1. The option with all vertical siding on the addition is approved.
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2. The following setback variances re approved: east side yard setback variance of 3 feet
for the new addition, a west side yard setback variance of 1 foot for the existing house,
and a combined side yard setback variance of 5 feet for the existing house.
3. The owner will record an amendment to the Historic Landmark Lot Split plat and
agreement for 134 West Hopkins Avenue to read that Lot 1 = 1,760 square feet and Lot
2 = 1,704 square feet.
4. No elements are to be added to the historic house that did not previously exist. No
existing exterior materials other than what has been specifically approved herein may
be removed without the approval of staff and monitor.
5. There shall be no deviations from the exterior elevations as approved without first being
reviewed and approved by HPC staff and monitor, or the full board.
6. 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.
7. 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.
8. The General Contractor and/or Superintendent shall be required to obtain a specialty
license in historic preservation prior to receiving a building permit.
9. 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: 134 West Hopkins
Avenue.
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.
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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
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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 13th day of December
2006.
APp~::orm:
Dav.a Hoefer, ASSiS~ Attorney
Approved as to content:
HISTORIC PRESERVATION COMMISSION
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