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Home My WebLink Aboutresolution.hpc.012-2007 RECEPTION#: 540464, 07/30/2007 at 11 :58:29 AM, 1 OF 3. R $16.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO RESOLUTIO.,~. .u~ ..~.~., uw.~.~~ "~~~n, ,...IN COMMISSION (HPC) APPROVING AN APPLICATION FOR MINOR DEVELOPMENT AND COMMERCIAL DESIGN REVIEW FOR THE PROPERTY LOCA TED AT 205 SOUTH MILL STREET, SUITE 226, LOTS D - I, BLOCK 81, CITY AND TOWNSITE OF ASPEN, COLORADO RESOLUTION NO. 12, SERIES OF 2007 PARCEL In: 2737-073-38-004. WHEREAS, the applicant, Gil Vanderra, represented by Jeffrey Halferty Designs, has requested Minor Development and Commercial Design Review for the property located at 205 S. Mill Street, Suite 226, Lots D-I, Block 81, 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, for approval of Commercial Design Review, HPC must review the application, a staff analysis report and the evidence presented at a hearing to determine, per Section 26.412 of the Municipal Code, that the project conforms to the following criteria: 1. The proposed development meets the requirements of Section 26.412.060, Commercial Design Standards or any deviation from the Standards provides a more-appealing pattern of development considering the context in which the development is proposed and the purpose of the particular standard. Unique site constraints can justifY a deviation from the Standards. Compliance with Section 26.412.070, Suggested Design Elements, is not required but may be used to justifY a deviation from the Standards. 2. For proposed development converting an existing structure to commercial use, the proposed development meets the requirements of Section 26.412.060, Commercial Design Standards, to the greatest extent practical. Amendments to the fayade of the building may be required to comply with this section. 3. For properties listed on the Inventory of Historic Sites and Structures or located within a Historic District, the proposed development has received Conceptual Development Plan approval from the Historic Preservation Commission, pursuant to Chapter 26.415. This criterion shall not apply if the development activity does not require review by the Historic Preservation Commission; and WHEREAS, the Historic Preservation Commission is authorized pursuant to Aspen Municipal Code Section 26.575.030.D to reduce the pedestrian amenity requirement by any amount, such that no more than half the requirement is waived, as an incentive for well-designed projects having a positive contribution to the pedestrian environment. The resulting requirement may not be less than 10%. WHEREAS, Sara Adams, in her staff report dated April II, 2007 performed an analysis of the application based on the standards, found the review standards and the "City of Aspen Historic Preservation Design Guidelines and Commercial Design Standards have been met; and WHEREAS, at their regular meeting on April II, 2007, the Historic Preservation Commission considered the application, found the application for Minor Development and Commercial Design Review met the "City of Aspen Historic Preservation Design Guidelines" and the Aspen Municipal Code Commercial Design Standards review criteria, and approved the application by a vote of 4 to O. NOW, THEREFORE, BE IT RESOLVED: That HPC approves the application for Minor Development of the property at 205 S. Mill Street, Suite 226, Lots D-I, Block 81, City and Townsite of Aspen, Colorado, with the following conditions; I. Plastic screening will not be used in the winter season to enclose the deck area. Any screening will require HPC approval before installation and purchase. 2. 50% of the Pedestrian Amenity cash in lieu fee is waived; the applicant will pay $5,289.40 for Pedestrian Amenity cash in lieu to the City for pedestrian improvements downtown. 3. 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. 4. 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. 5. The applicant shall be required to provide the contractor with copies of the HPC resolution applicable to this project. 6. The red colored slate scheme and saddle colored treks are approved as illustrated in Exhibit 1. 7. The area beneath the deck will be brick, matching the existing brick fayade of Suite 226. 8. The storage gate will be approved by staff and monitor. 9. The curved beams that tie back into the building will be steel or wrapped in steel/metal for approval by staff and monitor. 10. If the applicant chooses to omit the tall 18+ foot columns from the design, then staff and monitor will review and approve new drawings of the deck without the columns. II. 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: 205 South Mill Street, Suite 226 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. Approved as to Form: ~ - ~m True, City Attorney ~ -~. ION COMMISSION Michael Hoffman, VIce Chairman AT~~~/~ Kathy Strick1a~ hier Deputy Clerk