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HomeMy WebLinkAboutresolution.hpc.024-2007A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC) APPROVING RELOCATION OF THE PROPERTY LOCATED AT 1000 MATCHLESS DRIVE, THE SOUTHEAST'/4 OF SECTION 7, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE PRINCIPAL MERIDIAN, TRACT A, ASPEN TOWNSHIP ADDITION, CITY OF ASPEN, COLORADO RESOLUTION N0.24, SERIES OF 2007 PARCEL ID: 2737-074-00-018. WHEREAS, the applicant, Aspen Land Fund II, represented by Kim Weil of Poss Architecture and Planning, request approval for relocation of the property located at 1000 Matchless Drive, the Southeast'/a of Section 7, Township 10 South, Range 84 West of the 6th Principal Meridian, Tract A, Aspen Township Addition, City of Aspen, Colorado. WHEREAS, for approval of relocation, the HPC must review the application, a staff analysis report and the evidence presented at a hearing to determine, per Section 26.415.090.0 of the Municipal Code, it must be demonstrated that the application meets any one of the following criteria: 1. It is considered anon-contributing element of a historic district and its relocation will not affect the character of the historic district; or 2. It does not contribute to the overall character of the historic district or parcel on which it is located and its relocation will not have an adverse impact on the historic district or property; or 3. The owner has obtained a Certificate of Economic Hardship; or 4. The relocation activity is demonstrated to be an acceptable preservation method given the character and integrity of the building, structure or object and its move will not adversely affect the integrity of the historic district in which it was originally located or diminish the historic, architectural or aesthetic relationships of adjacent designated properties; and Additionally for approval to relocate all of the followine criteria must be met: 1. It has been determined that the building, structure or object is capable of withstanding the physical impacts of relocation; and 2. An appropriate receiving site has been identified; and 3. An acceptable plan has been submitted providing for the safe relocation, repair and preservation of the building, structure or object including the provision of the necessary financial security. WHEREAS, Sara Adams, in her HPC staff report dated June 13, 2007, performed an analysis of the application based on the standards, found that the review standards were, and recommended approval with conditions; and RECEPTION#: 545192, 1212612007 at 10:15:18 AM, 1 of 3, R $16.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO WHEREAS, at their regular meeting on June 13, 2007, the Historic Preservation Commission considered the application, found the application was consistent with the review standards and recommended approval by a vote of 3 to 1. NOW, THEREFORE, BE IT RESOLVED: That HPC hereby approves the request to relocate the property located at 1000 Matchless Drive, the Southeast''/4 of Section 7, Township 10 South, Range 84 West of the 6th Principal Meridian, Tract A, Aspen Township Addition, City of Aspen, Colorado, thirty (30) feet to the west and five (5) feet south with the following conditions: 1. The cabin will maintain the same orientation toward Smuggler Mountain in its new location. 2. Staff and monitor will approve the facades of the new development, including materials, details, scale and form, that face the cabin- Block A, south elevation; and Block B, west elevation- as indicated on the application, in perpetuity. 3. Staff and monitor will approve the landscaping around the cabin and entire play area, including equipment, hardscape, materials, benches, lighting. 4. The applicant will post an interpretive marker on the property that will be approved by staff and monitor, and will explain the historic significance of the cabin and its connection to the Smuggler Mine. 5. A rehabilitation plan for the cabin will be submitted to staff and monitor prior to the approval of the Final PUD by City Council. 6. A structural report demonstrating that the building can be moved and/or information about how the house will be stabilized from the house mover must be submitted with the building permit application. The applicant must provide information as to whether or not the existing floor structure will be maintained and the pro's and con's of the decision for review and approval by staff and monitor. 7. A bond or letter of credit in the amount of $30,000 to insure the safe relocation of the structure must be submitted with the building permit application. 8. A relocation plan detailing how and where the building will be stored and protected during construction must be submitted with the building permit application. 9. 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. 10. 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 to relocate the cabin. 11. The General Contractor and/or Superintendent shall be required to obtain a specialty license in historic preservation prior to receiving a building permit to rehabilitate the cabin. 12. The play area is passive in use- no active play structures. 13. Conditions #2, 3, and 5 will be reviewed by Staff and monitor and the HPC board will be informed of the outcome. 14. The development approvals granted herein shall constitute asite-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) yeazs, 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: 1000 Matchless Drive. 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 Chazter. APPROVED BY THE COMMISSION at its regular meeting on the 13th day of June, 2007. Appr ved as to Form• True, Special Counsel Approved as to content: H ST C P ~ V TI CO I SI Jeffr Ha fer ,Chair ~~~~ (' A '1': ~ ~__ Kathy S ckland, Chief Deputy Clerk