HomeMy WebLinkAboutresolution.hpc.014-2007
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JANICE K vas CAUDILL PITKIN COUNTY CO R 31.00 D 0.00
RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION
RECOMMENDING APPROVAL OF AN APPLICATION FOR A HISTORIC
LANDMARK LOT SPLIT, INCLUDING SUBDIVISION EXEMPTION AND
GMQS EXEMPTION, AND GRANTING APPROVAL FOR SETBACK
VARIANCES AND A 500 SQUARE FOOT FAR BONUS FOR THE PROPERTY
LOCATED AT 500 WEST FRANCIS LOTS Q, R, AND S, BLOCK 27, CITY AND
TOWNSITE OF ASPEN, COLORADO
RESOLUTION NO. 14 SERIES OF 2007
Parcel ID #:2735-124-10-007
WHEREAS, the applicants, Gell-Mann Murdock Partners, LLP, represented by Rick
Knezevich and Anne Marie McPhee of Oates, Knezevich & Gardenswartz, P.c., have
requested a Historic Landmark Lot Split and Variances for the property located at 500
West Francis Street, Lots Q, Rand S, Block 27, City and Townsite of Aspen, Colorado.
WHEREAS, in order to complete a Historic Landmark Lot Split, the applicant shall meet
the following requirements of Aspen Municipal Code: Section 26.480.030(A)(2) and (4),
Section 26.470.070(C), and Section 26.415.010(D.), which are as follows:
26.480.030(A)(2). Subdivision Exemptions. Lot Split
The split of a lot for the purpose of the development of one detached single-family
dwelling on a lot formed by a lot split granted subsequent to November 14, 1977, where
all of the following conditions are met:
a) The land is not located in a subdivision approved by either the Pitkin
County Board of County Commissioners or the City Council, or the land
is described as a metes and bounds parcel which has not been subdivided
after the adoption of subdivision regulations by the City of Aspen on
March 24, 1969; and
b) No more than two (2) lots are created by the lot split. both lots conform to
the requirements of the underlying zone district. Any lot for which
development is proposed will mitigate for affordable housing pursuant to
Section 26.100.040(A)(I)(c).
c) The lot under consideration, or any part thereof, was not previously the
subject of a subdivision exemption under the provisions of this chapter or
a "lot split" exemption pursuant to Section 26.100.040(C)(I)(a); and
d) A subdivision plat which meets the terms of this chapter, and conforms to
the requirements of this title, is submitted and recorded in the office of
the Pitkin County clerk and recorder after approval, indicating that no
further subdivision may be granted for these lots nor will additional units
be built without receipt of applicable approvals pursuant to this chapter
and growth management allocation pursuant to Chapter 26.100.
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JRNICE K VOS CAUDILL PITKIN COUNTY CO R 31.00 D 0.00
e) Recordation. The subdivision exemption agreement and plat shall be
recorded in the office of the Pitkin County clerk and recorder. Failure on
the part of the applicant to record the plat within one hundred eighty
(180) days following approval by the City Council shall render the plat
invalid and reconsideration of the plat by the City Council will be
required for a showing of good cause.
f) In the case where an existing single-family dwelling occupies a site which
is eligible for a lot split, the dwelling need not be demolished prior to
application for a lot split.
g) Maximum potential buildout for the two (2) parcels created by a lot split
shall not exceed three (3) units, which may be composed of a duplex and a
single-family home; and
26.480.030(A)(4), Subdivision Exemptions. Historic Landmark Lot Split
The split of a lot that is listed on the Aspen Inventory of Historic Landmark Sites and
Structures for the development of one new single-family dwelling may receive a
subdivision exemption if it meets the following standards:
a. The original parcel shall be a minimum of six thousand (6,000)
square feet in size and be located in the R-6, R-15, R-15A, RMF, or MU (formerly
0) zone district.
b. The total FAR for both residences shall be established by the
size of the parcel and the zone district where the property is located. The total FAR
for each lot shall be noted on the Subdivision Exemption Plat.
In the Mixed Use (formerly Office) zone district, the following shall apply to the
calculation of maximum floor area for lots created through the historic landmark
lot split. Note that the total FAR shall not be stated on the Subdivision Exemption
Plat because the floor area will be affected by the use established on the property:
If all buildings on what was the fathering parcel remain wholly residential in use,
the maximum floor area will be as stated in the R-6 zone district.
If any portion of a building on a lot created by the historic landmark lot split is in
commercial/office use, then the allowed floor area for that lot shall be the floor area
allowed for all uses other than residential in the zone district. If the adjacent parcel
created by the lot split remains wholly in residential use, then the floor area on that
parcel shall be limited to the maximum allowed on a lot of its size for residential use
according to the R-6 standards.
If there is commercial/office use on both newly created lots, the maximum floor
area for all uses other than residential in the zone district will be applied.
c. The proposed development meets all dimensional requirements
of the underlying zone district. The variances provided in Section
26.415.120(B)(I)(a),(b), and (c) are only permitted on the parcels that will contains a
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historic structure. The FAR bonus will be applied to the maximum FAR allowed on
the original parcel; and
26.470.070(C). GMQS Exemption, Historic Landmark Lot Split
The construction of each new single-family dwelling on a lot created through review and
approval of a Historic Landmark Lot Split shall be exempt from the scoring and
competition procedures. The exemption is to be approved by the Community
Development Director, but is not to be deducted from the respective annual development
allotments or from the development ceilings; and
26.415.010(>>). Historic Landmark Lot Split
A Historic Landmark Lot Split is a two step review, requiring a public hearing before
HPC and before City Council; 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
26.4l5.l10.C ofthe 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, 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
26.4l5.11O.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 ofthe 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
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JANICE K VOS CAUDILL PITKIN COUNTY CO R 31.00 0 0.00
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JANICE K vas CAUDILL PITKIN COUNTY CO R 31.00 00.00
WHEREAS, Sara Adams, in her staff report dated April 11, 2007, performed an analysis
of the application based on the standards, and recommended the application be approved
with conditions; and
WHEREAS, at a regular meeting held on April II, 2007, the Historic Preservation
Commission considered the application, found the application to meet the standards, and
approved the application by a vote of 5 to O.
THEREFORE, BE IT RESOLVED:
That the HPC recommends Council approval of a Historic Landmark Lot Split, and grants
approval for Variances, for the property located at 500 West Francis Street, Lots Q, R,
and S, Block 27, City and Townsite of Aspen, Colorado, with the following conditions:
I. Setback variances permitting 0 feet for the east sideyard and 0 feet for the rear
sideyard setbacks are granted for the existing condition.
2. A 500 square foot FAR Bonus is granted to the fathering parcel.
3. Staff recommends that HPC grant GMQS exemption for the Historic Landmark
Lot Split.
4. Pursuant to Section 26.420.030.(B)(6)(e), the lots created through the Historic
Landmark Lot Split are not required to mitigate for affordable housing.
5. Staff recommends that the applicant pursue an encroachment license from the
Engineering Department for the historic Carriage House.
6. A subdivision plat and subdivision exemption agreement shall be reviewed and
approved by the Community Development Department and recorded in the office
of the Pitkin County Clerk and Recorder within one hundred eighty (180) days of
final approval by City Council. Failure to record the plat and subdivision
exemption agreement within the specified time limit shall render the plat invalid
and reconsideration of the plat by City Council will be required for a showing of
good cause. As a minimum, the subdivision plat shall:
a. Meet the requirements of Section 26.480 of the Aspen Municipal Code;
b. Contain a plat note stating that no further subdivision may be granted for
these lots nor will additional units be built without receipt of applicable
approvals pursuant to the provisions of the Land Use Code in effect at the
time of application;
c. Contain a plat note stating that all new development on the lots will
conform to the dimensional requirements of the R-6 zone district, except
the variances approved by the HPC; and
d. Be labeled to indicate that this proposal will create Lot I of 3,000
square feet in size with 1,593 square feet of floor area, and a Lot 2 of
6,000 square feet in size with 2,987 square feet of floor area.
7. 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
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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: 500 West Francis
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 11th day of
April, 2007.
[signatures on the following page]
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JANICE K VOS CAUDILL PITKIN COUNTY CO R 31.00 0 0.00
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Appr ved as to Form:
~- ~
True, Assistant City Attorney
ontent:
ERVATlO~~ON
l...-
and, Chief Deputy Clerk
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JANICE K vas CAUDILL PITKIN COUNTY CO R 31.00 D 0.00
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P\.EASE RETURN TO CITY CLERK
130 S. GALENA
^SPEN, CO 81611