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HomeMy WebLinkAboutLand Use Case.HP.411 E Hopkins Ave.HPC 14-94O <r n e O 4 •r-1 ,-1 1-1 U O Al U M k/,0 * 00 W .1 ... \ C Club Minor His . Hopkins A-6--9-5 -r CASELOAD SUMMARY SHEET City of Aspen Historic Preservation Committee DATE RECEIVED: 05/19/94 CASE NUMBER: HPC14-94 DATE COMPLETE: PARCEL ID#: 2737-073-39-002 PROJECT NAME: Caribou Club Minor Historic Development Project Address: 411 E. Hopkins APPLICANT: Harley Baldwin Applicant Address: 208 South Mill, Aspen, CO 925-3575 REPRESENTATIVE: Representative Address/Phone: TYPE OF APPLICATION: 1 STEP: X 2 STEP: 3 STEP: HPO Insubstantial Amendment or Exemption: HPC Meeting Dates: P&Z Meeting Date: CC Meeting Dates: 1st 2nd REFERRALS: Planning Building Zoning City Engineer Parks Dept. City Attorney DATE REFERRED: INITIALS: DUE: FINAL ROUTING: DATE ROUTED: INITIAL: City Atty City Clerks Office Other: FILE STATUS AND LOCATION: COMMENTS: .. . MEMORANDUM To: Aspen Historic Preservation Committee From: Amy Amidon, Historic Preservation Officer Re: 411 E. Hopkins, Caribou Alley- Minor Date: May 18, 1994 SUMMARY: The applicant requests HPC approval to install a canopy over the alley, for protection from sun and rain. The alley space will then have outdoor tables for the Caribou Club and Alley Cafe. (This canopy was put up last summer without a permit.) Ordinance 9, Series of 1993 applies to this project. It was created to allow restaurants within the Commercial Core to construct trellis' or similar structures which are 50% open in nature to cover outdoor dining areas. City Staff has determined that the canopy fits within this rule, because it is retractable and because it is temporary. APPLICANT: Harley Baldwin. LOCATION: 411 E. Hopkins, Lot C and the south 20 ft. of Lot D, Block 88 ,City and Townsite of Aspen. PROJECT SUMMARY AND REVIEW PROCESS: All development in an "H, " Historic Overlay District must meet all four Development Review Standards found in Section 7-601 of the Aspen Land Use Code in order for HPC to grant approval. 1. Standard: The proposed development is compatible in character with designated historic structures located on the parcel and with development on adjacent parcels when the subj ect site is in a "H," Historic Overlay District or is adjacent to an Historic Landmark... Response: The canopy will not be easily visible from the street, but will change the character of the alley by making it essentially an enclosed space. This type of canopy would not be appropriate at most locations in the Core, but the alley has a particular set of circumstances in that it is a narrow space with no views and no ability to have awnings or vegetation for shade. For this reason, Staff supports approval of this request with the condition that the canopy is only installed on a seasonal basis, perhaps from Memorial Day to Labor Day. With the construction of the neighboring building at 409 E. Hopkins, the alley will probably receive less .. . 0 sunlight. 2. Standard: The proposed development reflects and is consistent with the character of the neighborhood of the parcel proposed for development. Response: This concept of coverings like this one has been approved through Ordinance 9 and construction of the trellis at Cantina. 3. Standard: The proposed development enhances or does not detract from the cultural value of designated historic structures located on the parcel proposed for development or on adjacent parcels. Response: The proj ect does not detract from the cultural value of a designated historic structure. 4. Standard: The proposed development enhances or does not diminish from the architectural integrity of a designated historic structure or part thereof. Response: The project does not affect the architectural integrity of a historic structure. ALTERNATIVES: The HPC may consider any of the following alternatives: 1) Approve the Amendment to the Final Development application as submitted. 2) Approve the Amendment to the Final Development application with conditions to be met prior to issuance of a building permit. 3) Table action to allow the applicant further time for restudy. (specific recommendations should be offered) 4) Deny the Amendment finding that the application does not meet the Development Review Standards. RECOMMENDATION: Staff recommends HPC approve the application with the condition that the canopy is used only for the summer season, for instance from Memorial Day to Labor Day. .. ORDINANCE 9 (SERIES OF 1993) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING CHAPTER 24 OF THE MUNICIPAL CODE, LAND USE REGULATIONS, BY AMENDING MUNICIPAL CODE SECTIONS 24-3-101 DEFINITION OF "OPEN SPACE" AND 24-8-104 A.1.a. (1) "GROWTH MANAGEMENT EXEMPTION BY THE PLANNING DIRECTOR" TO ALLOW TRELLIS STRUCTURES IN REQUIRED OPEN SPACE. WHEREAS, Section 24-7-1103 of the Municipal Code provides that amendments to Chapter 24 Of the Code, to Wit, "Land Use Regulations'I, shall be reviewed and recommended for approval by the Planning Director and then by the Planning and Zoning Commission at public hearing, and then approved, approved with conditions, or disapproved by the City Council at public hearing; and WHEREAS, the Planning Director did receive from Chitwood Plaza Company an application for amendments to the land use regulations, and reviewed and recommended for approval, certain text amendments to Chapter 24 relating to the definition of "open space" and growth management quota system exemptions for trellis structures; and WHEREAS, referral comments were received from the Engineering and Parks Departments; and WHEREAS, the Historic Preservation Committee reviewed the proposal and supports the concepts of the amendments; and WHEREAS, the Planning and Zoning Commission reviewed and approved at public hearings on February 2, and February 16, 1993, those code text amendments as recommended by the Planning Director pursuant to procedure as authorized by Section 24-6-205 (A) 8 of the Municipal Code; and WHEREAS, prior to first reading of an amendment ordinance, the 1 .. City Council, in consideration Of the recommendation by the Planning and Zoning Commission, determined that the recommended text was too broad and undefined and directed staff to revise the proposed changes; and WHEREAS, the City Council favorably reviewed staff's changes on March 22, 1993 and directed staff to proceed with the ordinance adoption process; and WHEREAS, the City Council finds that the proposed text amendments as approved and recommended by the Historic Preservation Committee and the Planning and Zoning Commission and as amended by staff are consistent with the goals and elements of the Aspen Area Comprehensive Plan and are not in conflict with other portions of Chapter 24; and t WHEREAS, the City Council finds that the text amendments will allow and promote compatibility of zone districts and land uses with existing land uses and neighborhood characteristics and will be consistent with the public welfare and the purposes and intent of Chapter 24 of the Municipal Code. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN COLORADO: Section 1: Section 3-101 "Definitions - Open space" of Chapter 24 of the Municipal Code of the City of Aspen, Colorado, is hereby amended by the addition of language in paragraph one, and the addition of language in subparagraph "J", such amendment to read as follows: Section 3-101. Definitions as used in this chapter. 2 .. Open Space means any portion of a parcel or area of land or water which is open or unobstructed from the ground to the sky < with the exception of permitted architectural projections such as building eaves or trellis structures as further described in subparagraph "J" below, and shall include areas maintained in a natural or undisturbed state, as well as recreation areas, pools, plazas, pathways, fountains, landscaping, and similar areas which provide visual relief from the mass of the buildings. [Subparagraphs A. through I. are unchanged.] J. Commercial Restaurant Use. The provisions of subparagraph I above notwithstanding, required open space my be used for commercial restaurant use if the commission shall determine that such use is compatible with or enhances the purposes of the open space requirements and that adequate pedestrian and emergency vehicle access Will be maintained. Trellis structures shall only be proposed in conjunction with commercial restaurant uses on a designated Historic Landmark or within (H) Historic overlay zones and must be approved by the Historic Preservation Committee pursuant to review requirements contained in Article 7, Division 6 of Chapter 24 of the Aspen Municipal Code and the Planning Director pursuant to Section 24-8-104 A.1.a. (1). Such approved structures shall not be considered additional floor area ratio (FAR) or reduce { open space on the parcel. Section 2: Section 8-104.A.1.a. (1) "GMQS Exemption by the Planning Director" of Chapter 24 of the Municipal Code of the City of Aspen, Colorado, is hereby amended by the inclusion of new language, which shall read as follows: A. Exemption by planning director. 1. General. Development which the planning director shall exempt shall be as follows: a. Remodeling, restoration, or reconstruction of existing building. (1) The remodeling, restoration, or reconstruction of an existing commercial, lodge or multi-family building or the addition of a trellis structure to a commercial restaurant use which does not expand commercial or office floor area or create additional dwelling, hotel or lodge units or involve a change in use. NO bandit unit shall be.remodeled, restored or reconstructed unless it has first been 3 .. legalized pursuant to section 5-510. To obtain approval to reconstruct demolished commercial or office floor area, the applicant shall demonstrate that affordable housing and parking is provided for the reconstructed floor area as if it were newly constructed space. When a trellis structure is proposed within an open space area, it shall be demonstrated that the structure: a) is not enclosed by walls, screens, windows or other enclosures; and b) shall maintain 50% of the overhead structure open to the sky; and c) is designed and maintained so that snow does not accumulate to form a closed roof-like cover. Section 3: This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 5: A public hearing on this Ordinance shall be held on the COL day of ~9 d7 , 1993 in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which a hearing of public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by 4 9-- the City Council of the City of Aspen on the day of gue , 1993. John/ Bennett, Mayor ~wu~,.3 34« kathrynjj. Kop¥~, City Clerk FINALLY. _ adopted, passed and approved this c=>240 day of /2,-24. _E_~ , 1993. 1 (3135*~- John Zennett, Mayor ATTE~T: '44« 4 Kathryn koch, City clerk 5 MAY 13 0 94 - 13.: 09.,... 1, i.1 I ILRBENT SMITH &CO PM BRAND BLDG Page 2 1-4#- P. 1 ..FU--7=r~ ~ AS/12/94 17:10 rg: 1 HAY 12 '14 04127 PM BRAND BLDG 1 , Poe• 1 . . 1 1 , 1 . 1; 1 , 1 1 11, . 1 1 1 6 0 1 -le:=21'flub"-.=S.N~ ... 4 1 . 1 ' d}}11 .'1 o >=L 1 . 1 1 1. /0- 6.4 i h -il.............-.--- 0 dK/1- - I'..lili.-Ill---.......'..Il -. 0 ,0 0 · 1:1 ~- r 1 7 1:f :f° 3?M ; ~ TiTrE#11 * - 1.1 8 2 . un' m m./19 - 1.. ....-I....0.-11[ , 1 , U Fre=-44< ..1 P i AAU:*'4./.*<1WA{ 11 1 . 1 1 - r.. 1. 1 1 1 1 - I -1.% WI'll"•-•:-•-1..' I' / i •. ' ·Til'Fieqn 1 . -11!-1 1 , It€ 1. 0 1,~4 1 · - .ft,Ermjeti,#UKirphip 2,•rli,!.01..... 1 1 1.1 . 1 611/. . .- .,.A;.-AN,ma!,n;FiX:'.&4·4 1,1 ' ..1-, lit. 11't i..JI, 1 ...1\Wl I....1 1 ..7•'t 1. Int.-=4,11 1 1 .Lf/*#**94 6 L 11 L. · ·- ./.Tzr/'':,MleA '' Mil . 1-I KA 1 -66 0 . 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A . 4 1 1 ¢4 .1 1 · 01 ' ' , i 1 0044' 0010 ON'MO 40•.0 46. 21 AVH 1 :'Id 01:ZE 46/6 6/.,U ; "C'·'1 X,ti ( ~,·cps.ed:g jc~I Alls .. Historic Preservation Committee Minutes of May 18, 1994 Amy: I am trying to avoid making an example of the house next door. Roger: I have found nothing historic about that dormer. Linda: I feel these are more in keeping with the architecture of the house rather than a shed dormer. Scott will be the monitor. CARIBOU ALLEY - MINOR DEVELOPMENT Harley Baldwin, owner: I thought Alan Richman was out of his mind when he told me that there was this 25% open space. I was in the middle of a project and didn't have time to fight him so I just tried to deal with it. Creating a plaza on the northern face is a very difficult thing and is probably something that shouldn't happen and the requirement for open space has created some of the worst spaces in Aspen. Ever since I started the building I have been trying to make that space work and more warmer and inviting. The thing that is working is the Alley Cafe and it has brought in lots of people. The tables in the summer really work and we have flowers and are doing architectural xmas decorations in the winter to try and make it an inviting space. To create this cafe we need something over it that is unobtrusive. We would also like to find some late 19th century gas lamps and install two at the front of the Caribou Alley and two in the back next to the cafe. The whole idea is to come up with ideas on how to warm up the space. A lot of this is how humans feel in the space not all architecture. We are trying to create a space that people want to be in. Roger: What will the canopy be made of? Harley: Nylon and will be attached but it will be seasonal from Memorial Day to October 15th. Roger: Why did you not proposal some kind of clear canopy? Harley: There would be an FAR problem and it is not allowed. Amy: They are required to have 25% open space and the only reason he can do this at all is because of the ordinance that allowed a trellis at the Cantina. The County and City Staff decided this would be acceptable over the open space as long as it can roll away and open up. The space is to be open from the ground to the sky. Roger: I feel it should be covered with glass as you can see up to the sky and you are creating dynamic activity in that space. Harley: If we did that we would have to have doors on the front. I did the Alley Cafe nou at all as a business. I thought that space needed it and it has really worked. I also feel it needs that flicker 19 .. Historic Preservation Committee Minutes of May 18, 1994 Donnelley: I would like to see the entrance different from the house next door so people do not think that they both were original. Amy: I am proposing that he bring it back to the original because that is part of the partial demolition. He is asking to change the entrance and there is a window there now but there is also an historic door. Scott: The problem is how does the roof meet and ponnect. Roger: To me Scott's proposal is not a major issue because I do not feel it was original looking at the entire configuration. I feel whatever was put there was put there later. A lot of these houses were simple and then things were done to them. Roger: If the porch on the model were flush with the gable face wouldn't that be less overpowering? Amy: That would be less awkward. Scott: It is for the snow conditions and that is very important. The one next door is set back. Donnelley: Scott has improved the entrance because now you can see it from the street. MOTION: Roger made the motion to approve partial demolition to 229 W. Hallam with the following conditions: That the north gable face not be changed in any way except for the removal of the shutters. That the entire historic west side not be changed in anyway except for the addition of a gable on the second floor as shown on the model. That the east side is approved as shown on the model and that the entrance be restudied with Staff and monitor to pull the existing roof in line with the siding of the north face and that all attempts be made to not have the little gable over the entry and that the posts on the wrap around porch be made to the same scale of the traditional posts used in Aspen which is a turned round post, the lower part of which does not exceed three feet and that the upper top be between a foot and eight inches in height so that it is not like the posts on the house next door but more of a traditional victorian; second by Les. All in favor, motion carries. Amy: What about the shed dormers? Roger: In the motion it is OK to add the shed dormer that is indicated on the model. Donnelley: Do you have an objection to the shed dormer? Scott Lindeneau: I feel it is inconsistent with the language developed. 18 .. Historic Preservation Committee Minutes of May 18, 1994 of a gas lamp. It would be hung from the top and there would be this beautiful glass hanging down. Donnelley: You are asking for two things. MOTION: Roger made the motion that HPC approve the canopy to be installed at 411 E. Hopkins Caribou Alley with the condition that it is only used for seasonal use and that the installation of gas lanterns be approved to the outside of the building depending upon approval of Staff and monitor of the actual fixture and the detail of how the gas is hooked up should be approved by Staff and monitor. Such approval meets all four development review standards found in section 7-601 of the landuse code and that the applicant give Staff and monitor adequate notice before beginning any work regarding installation of the gas lighting; second by Martha. All in favor, motion carries. Donnelley will be monitor. ASPEN TO SNOWMASS TRANSPORTATION PROJECT - MARGOT PENDLETON Margot Pendleton: I am on the board of the Aspen to Snowmass Transportation Project. I will brief you on how all the groups fit together. Regarding the background, the Aspen to Snowmass project picked up where the last election left off with the 1/2% sales and use tax which was passed last November. Our charge is to develop a transit system connecting down town Aspen somewhere around the airport Tiehack area and the mall in Snowmass and have something ready for the ballot this November. In the process right now we have formed a project team of which I am a member and I communicate with di fferent groups. We had a symposium to look at what vendors were presenting and we had a round table discussion at the Aspen Institute and three transit experts come in and critique what we have done so far. We have enough funding in place from the 1/2% sales tax to leverage for a bus base system on a fixed guideway which means it doesn't have to compete with a car to Snowmass and the Owl Creek corridor. Anything beyond that would require creative financing. The RFQ defined a base line approach with rubber tires connecting downtown Aspen via the airport and the mall at Snowmass. On June 8th and 9th we are sponsoring a financial symposium. By the middle of August we should have something selected. Owl Creek is the preferred corridor and is owned by the county. Donnelley: This is assuming it is a surface base system and nothing elevated. Margot: We can't afford anything elevated. One of the requirements in the bid package is that it cannot be obtrusive. If we should not get a bus based system the county has decided that they will put in their own bid for a bus based system. Donnelley: Will the buses be the type that can be deployed during off peak hours or on peak hours to coincide with the county? 20 .. Historic Preservation Committee Minutes of May 18, 1994 Margot: For a lot of people a plain old bus is not acceptable. They want something that is bus like and there has been thought to electric buses which can pull the grades, they are quiet and non-polluting but then your trade off is overhead wires and poles. Donnelley: But you have a dedicated roadway. Roger: Electric buses are in fact very polluting because you have to have a source of electricity. Our source of electricity is coal burning plants out of state so you are just upping an immense amount of pollution and that is not a viable means to me regarding the entire concept unless you put Aspen on its own grid like it used to be. Under the current system of electricity it is immensely polluting. Margot: When we discussed this at the symposium we thought everyone would have rebelled against it and again we were surprised. I have found people are open minded to see what really comes back even with the over head wires. Roger: We are just getting rid of those all over town. Martha: What about battery operated vehicles. Margot: I have heard they can operate a battery on the flats but once they pull up Snowmass they have to hook up to a cable because they cannot pull up those grades. Les: If we go with the lowest bid will this carry us through the next century? How much car traffic will it cut down and will it mitigate the car traffic in Aspen ten percent or what? Margot: I have no figures but one of the ideas of the entire plan is that the traffic will not be any worse than it is right now. I have heard two thoughts one that the communities down valley will become self sustaining and will not have to come to Aspen anymore but there will be people who always want to come to Aspen because of what Aspen has to offer and a lot of houses down valley are second home owners and this traffic will still be there. If you figure out what the traffic will be in 20 years there is volume. Right now we do not have the traffic for trains and stuff like that. You have a choice of maybe buying for the future and that the volumes will get to that point or you buy what you can afford right now and get the alignments and then switch to di f ferent technology at future times. Les: It seems critical to me that you should acquire the right-of- ways now. Margot: Yes, the right-of-ways and the actual mechanics of using some other transportation. A bus system that works with ten to fifteen minute headways as opposed to a half or an hour. 21