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Home My WebLink Aboutresolution.hpc.042-2007~.. A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC) ti,.. RECOMMENDING APPROVAL OF MAJOR DEVELOPMENT (FINAL) FOR THE PROPERTY LOCATED AT 28 SMUGGLER GROVE ROAD, LOT 2 OF THE JUKATI SUBDIVISION, CITY OF ASPEN, COLORADO RESOLUTION N0.42, SERIES OF 2007 PARCEL ID: 2737-181-23-002. WHEREAS, the applicant, Jim Byrnes, has requested Major Development (Final) for the property located at 28 Smuggler Grove Road, Lot 2 of the Jukati Subdivision, Aspen Township Addition, City of Aspen, Colorado; and, WHEREAS, the property owner, Jim Byrnes, agreed to a concurrent designation review and Certificate of Appropriateness review by the Historic Preservation Commission of the property located at 28 Smuggler Grove Road, Lot 2 of the Jukati Subdivision, Aspen Township Addition, City of Aspen, Colorado; and, ~ WHEREAS, the Certificate of Appropriateness granted by the Historic Preservation Commission is only applicable if the property is designated a historic landmazk and added to the Aspen Inventory of Historic Landmazk Sites and Structures; and, h WHEREAS, Section 26.415.070 of the Municipal Code states that "no building or structure shall be erected, constructed, enlazged, 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, O G WHEREAS, for Final Major Development Review, the HPC must review the application, a staff i~ analysis report and the evidence presented at a heazing to determine the project's conformance with the City of Aspen Historic Preservation Design Guidelines per Section 26.415.070.D.4.of ~J the Municipal Code and other applicable Code Sections. 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, Amy Guthrie, in her HPC staff report dated November 28, 2007, performed an analysis of the application based on the standards, found that the review standazds for designation had been met and the review standards for Major Development (Final) had been met, and recommended approval; and WHEREAS, at their regular meeting on November 28, 2007, the Historic Preservation Commission considered the application, found the application was consistent with the review standards and "City of Aspen Historic Preservation Design Guidelines" by a vote of 7 to 0; and, RECEPTION#: 550009, 06/04/2008 at 11:03:33 AM, 1 of 3, R $16.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO NOW, THEREFORE, BE IT RESOLVED: That HPC hereby grants Major Development (Final) approval for the property located at 28 Smuggler Grove Road, Lot 2 of the Jukati Subdivision, Aspen Township Addition, City of Aspen, Colorado, as proposed with the following conditions: 1. No changes to windows on the historic structure are approved until HPC staff and monitor can inspect the original framing and make determinations with the property owner as to opportunities for restoration and/or sensitive alterations. Cut sheets for the new windows will require approval. 2. Minimize the Victorian detailing of the gazage. 3. Provide samples of all new building materials for review and approval by staff and monitor. 4. The landscape and fence shall be approved by Staff and monitor. 5. The lightwells shall have flat grates. 6. Subtle material changes on the roof and/or siding of the addition shall be approved by Staff and monitor. 7. HPC staff and monitor must approve any changes with regazd to the type and location of exterior lighting fixtures by reviewing a plan prior to wiring, purchasing, or installing the fixtures. 8. Information on all venting locations and meter locations not described in the approved drawings shall be provided for review and approval by staff and monitor when the information is available. 9. 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. 10. 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. 11. 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. 12. The General Contractor and/or Superintendent shall be required to obtain a specialty license in historic preservation prior to receiving a building permit. ] 3. The development approvals granted herein shall constitute asite-specific development plan vested for a period of three (3) yeazs 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: 28 Smuggler Grove Road. 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 28th of November, 2007. Approved as to Form: ames R. True, Special Counsel Approved as to Content: HISTORI ERVATION COMMISSION ~~` Mrchael Hof ,Chair ATTEST: Kathy St hck nd, Chief Deputy Cl rk