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HomeMy WebLinkAboutresolution.hpc.033-2007 RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC) APPROVING AN APPLICATION FOR A 120 SQUARE FOOT FAR BONUS FOR THE PROPERTY LOCATED AT 208 EAST HALLAM STREET, LOTS D AND E, BLOCK 71, CITY AND TOWNSITE OF ASPEN, COLORADO RESOLUTION NO. 33, SERIES OF 2007 PARCEL ID: 2737-073-14-003. WHEREAS, the applicant, The Frost Barn, LLC c/o David A. Belford. 2950 E. Broad Street, Columbus, OH represented by Mitch Haas of Haas Land Planning, LLC, has requested 120 square foot FAR Bonus for the property located at 208 East Hallam Street, Lot D and E, Block 71, 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 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 ofthe 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 ofthe 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 RECEPTION#: 540466, 07/30/2007 at 11:58:31 AM, 1 OF 3, R $16.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO WHEREAS, Sara Adams, in her staff report dated July II th, 2007, 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 an FAR Bonus is demonstrated; and WHEREAS, at their regular meeting on July 11, 2007, the Historic Preservation Commission considered the application, found the application for a 120 square foot FAR Bonus met the "City of Aspen Historic Preservation Design Guidelines" and Aspen Municipal Code review criteria, and approved the application by a vote of four to zero (4 - 0). NOW, THEREFORE, BE IT RESOLVED: That HPC hereby recommends approval of the application for a 120 square foot FAR Bonus for the property located at 208 East Hallam Street, Lots D and E, Block 71, City and Townsite of Aspen, Colorado with the following conditions: I. HPC finds that FAR Bonus criteria b, g, and h are met in the application. 2. The property owner shall record a deed restriction with the Pitkin County Clerk and Recorder forfeiting eligibility for the remaining 380 square feet of the FAR Bonus in perpetuity. 3. The 120 square foot FAR Bonus is granted for the conversion of the existing garage into living space and is contingent on the establishment and severance of five (5) Transferable Development Right (TDR) Certificates, each worth 250 square feet of FAR, from the property. 4. No exterior changes are permitted without HPC approval. 5. 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: 208 East Hallam Street. 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 July 2007. Approved as to Form: -- - -~- ~ Jim True, Special Counsel Approved as to content: HISTORIC PRESERVATION COMMISSION ~\~