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ASPEN HISTORIC PRESERVATION COMMISSION
MINUTES OF MAY 9, 2007
Chairperson Jeffrey Halferty called the meeting to order at 5:00 p.m.
Commissioners in attendance: Brian McNellis, Sarah Broughton and
Michael Hoffman. Alison Agley was excused.
Staff present:
Amy Guthrie, Historic Preservation Officer
Sara Adams, Historic Preservation Planner
Kathy Strickland, Chief Deputy City Clerk
Jim True, Special Counsel
MOTION: Sarah moved to approve the minutes of March 28'\' second by
Michael. All in favor, motion carried.
Sarah will recuse herself on 434 E. Cooper
300 W. Main - Show Cause Hearing cont'd from April2St\ 2007
Jim True said his recollection was that the evidence was closed and the
hearing was complete. This meeting will have discussion among the
commission and make a determination based on a resolution.
Michael said the destruction of the tailings by Dennis Larson was egregious.
This occurred after staff had contacted the homeowner for essentially a year.
Michael recommended that no building permits should be permitted between
3 and five years.
Brian said he doesn't feel the applicant did anything malicious and there was
a lot of miscommunication. He felt that the owner did things in the best
interest of the property in order to maintain it. He is willing to take a lighter
stance on the penalty.
Sarah also said she is willing to look at lesser years. When you own
property it is your responsibility to communicate with your maintenance
person. The owner had months to sit down and deal with the situation.
Jeffrey said clearly there was plenty of evidence and proper notice to do the
right thing. There was somebody not knowing and chopping off the wrong
pieces of wood and now we have to live with the aftermath. Jeffrey
recommended lesser years.
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Jim True said the code allows a penalty up to ten years.
Michael said he is bothered by the lack of communication between Corrine
and Dennis Larson's actions. We need to send a message that it is not
acceptable. Through November she was doing a diligent job of trying to
address staffs concerns but then she left in December and Dennis took it
upon himself to cut apart this historic residence.
Jennifer Hall, attorney for the applicant said Corrine gave Dennis direction
when she purchased the property over a year ago. He did his repairs as he
felt timely. There was no communication.
Jeffrey asked if the memo from Barry Magart was ever passed on to the
owner. It is real clear about the suggested treatments. There was lengthy
direction given.
Sarah pointed out that the owner needs to take responsibility herself for her
own property. There was time taken by our staff to deal with this and it is
disrespectful. Maybe 4 years is a workable number.
Michael said for the record that in his opinion, Corrine's mistake was not
informing Dennis as to the situation that staff pointed out.
Brian said we need to get the word out for the future.
MOTION: Sarah moved to approve resolution #18 with the following three
conditions:
1. That the property be restored as best possible through the proper
procedure outlined in the code.
2. That there be a prohibition of obtaining a building permit for work
outside of the restoration efforts for a period of four years.
3. A letter of apology and recognition of the conduct be made to the
public in some form to be worked out with staff.
4. The prohibition needs to be executed through a deed restriction -
26.415.140A2
Motion second by Michael.
Amy pointed out that we do want to leave the possibility of building
permits for life safety issues or structural issues that might jeopardize the
building. We need a specific time frame on the restoration.
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Amended motion: Sarah amended the motion that restoration needs to
be permitted within one year from today. Michael second the
amendment. Roll call vote: Brian, yes; Sarah, yes; Michael, yes; Jeffrey,
yes. Motion carried 4-0.
308 E. Hopkins Ave. - Final- Cont'd from April 25, 2007
Exhibit I - colored rendering
Sara relayed that the applicant has addressed a lot of the concerns HPC
voiced at the last meeting. The only two issues unresolved are the horizontal
siding on the second floor balcony and we need clarification on the fence
that is enclosing the outdoor seating area.
Charles Cunniffe, architect said the fence will be a wrought iron fence and
we will be working with the restaurant owner to design it. It will be open
and transparent to bring people into the patio. We went to a more
proportioned window and they are double hung on the second floor. One
other are of concern was the stucco on the back side. We will change that
to a copper shingled panel that would be weathered. The HPC also wanted
us to look at putting more glass in the doors on either side of the building.
We don't want to make the doors look like part of the store front. We are
proposing a window in the door, a translucent glass piece so it reads more
like a door than a window.
The neighboring property owner, Bill Seguin is in support of the project.
The restaurateurs of Range and Elevation would like to work with us to
create more transparency between our restaurant space and their patio space.
We are on the property line so we don't have the latitude to put windows in.
If we can work with the neighboring property to the satisfaction of the
building department which will allow us to take the windows around the
corner so that we could have windows from the restaurant space to their
patio space they would appreciate that connectivity. It would be a revocable
license if their building was ever to be built.
Chairperson Jeffrey Halferty opened the public hearing. There were no
public comments. The public hearing portion of the meeting was closed.
Sarah pointed out that the changes are moving in a positive direction.
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Brian said the changes in the doors on the sides can be supported.
Michael said his concerns at the last meeting were the glass brick, clapboard
and fenestration. Michael pointed that there is a lot of balancing of the
different criteria.
Jeffrey said the improvements are flowing nicely. The fenestration changes
are very promising. The horizontal clapboard doesn't bother him because
the retractable awnings will add softness to the fa<;ade. The new muted grey
tone will compliment the rest of the building. The only concern is the
window vs. glass block which is a Building code issue. That will be difficult
to detail as far as the fire separation is concerned.
Charles said if they can't get the glass maybe they can stay with the rhythm
of the fire proof wall but do it in a form that has flagged out windows so you
at least have the rhythm of the west fa<;ade turning the corner.
MOTION: Michael moved to approve resolution #19 for 308 E. Hopkins
Ave., final development, second by Brian.
Sarah requested information be added regarding the glass block windows.
Amended motion: Michael amended the motion to include approval for the
glass windows on the west elevation provided that is acceptable to the
Building Department; second by Brian. Roll call vote: Brian, yes; Sarah,
yes; Michael, yes; Jeffrey, yes.
434 E. Cooper Ave. Conceptual- Cont'd from Feb. 14,2007-
Conceptual, Mountain View Plane and Commercial Design Review
Sarah recused herself.
Jim informed the applicant that 3 affirmative votes are necessary for
approval.
Affidavit of posting - Exhibit I
Sara said overall the proposal meets the design guidelines. In terms of the
commercial design review it meets all the requirements.
View plane:
Sara pointed out that story polls have been erected.
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When you look at view planes one of the things you want to think about is
the potential for surrounding buildings to be developed. We need to
determine whether or not there is a negligible impact in the view plan or if
there is an impact and HPC is not interested in pulling the building back we
will have to discuss a different procedure for this application which would
be a PUD. The view plane cuts off diagonally a corner of the building.
Mitch Haas, John Rowland
Mitch said they have stepped down the building toward the red onion
building. They have also stepped back the building to create a two story
element next to the historic building.
John Rowland said the key points from the last meeting were stepping back
the mass with regard to the two historic resources on either side. It is now
15 feet from the property line back to the third story wall. We went from 14
feet to 11 feet in ceiling height on the main level. The other issue was to
diminish the verticality.
Mitch Haas said the HPC can determine that the proposed development has
a minimal effect on the view plane. The Wheeler view plane starts at the
corner where Bentley's stairs come down and extends to the other end of the
building. From the Bentley's corner you do not see the proposed building at
all. We feel the view plane is negligible.
John said the building is neoclassical with Victorian.
Mitch pointed out that the entire building is lower than the 42 foot height
limit and it is at 38 feet on the Cooper side.
Michael asked what the impact was on the pedestrian amenity space. Sara
said they are paying cash-in-lieu. Mitch said there is less than 10% on site.
Chairperson, Jeffrey Halferty opened the public hearing. There were no
public comments. The public hearing portion of the meeting was closed.
Michael said he is very enthusiastic and supportive of this plan. His only
concern is that it is almost too neoclassical for the downtown core.
Brian said this will be a great addition to this corner of town. Bringing the
building to the corner is a positive thing because it channels energy between
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the Paradise building and the Ruth Chris building. The applicant has done a
great job in addressing staffs and the HPC's concerns. This is the core of
town and it has to be architecturally interesting. Brian encouraged the HPC
and staff to allow some flexibility to the applicant in order to make this
building stand out and define Aspen given the location of this building.
Michael said the stepping down of the building to the Red Onion is
commendable. The impact of the building on the view plane is minimal.
Jeffrey said the real key piece is the inflection onto the Red Onion building.
The current proposal is simplified and it also feels more horizontal and less
vertical. The design review and mass and scale are consistent with Chapter
13. The mass and scale is properly represented. The view of Aspen
Mountain is maintained and therefore the view plane variance is minimal.
MOTION: Brian moved to approve Resolution #20 as drafted by staffwith
an additional condition: The commission found that the impingement on the
view plane is minimal. Motion second by Michael. Roll call vote: Michael,
yes; Brian, yes; Jeffrey, yes.
332 W. Main Street - Final
MOTION: Michael moved to continue the public hearing andfinal
development on 332 W Main to May 23rd; second by Brian. All infavor,
motion carried.
Meeting adjourned at 6:30 p.m.
Kathleen J. Strickland, Chief Deputy Clerk
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