HomeMy WebLinkAboutLand Use Case.HP.424 E Hyman Ave.HP-1988-17Ase·. 14 6 1 999- 1 7 * 424 E Hyman -1% [O(1-k ge -1 2737-073-39-009 -A J,n Lernjolder- g /46 1 qu- 486 1 Pl e, .
.. MEMORANDUM TO: Aspen Historic Preservation Committee From: Roxanne Eflin, Planning Office Re: Minor Development: Awning replacement, 424 E. Hyman Ave., Hyman Avenue Mall. Bright and Shiny Things. Date: ¢ November 8, 1988 ~ LOCATION: 424 E. Hyman Ave J Hyman Avenue Mall. f *401/1. APPLICANT'S REQUEST: The applicant is requesting to replace her six year old worn awning with valance with a new awning, no valance. The awning to be replaced has been recently removed from the building. Its dimensions were 13.2' x 5' with a 13.2' x 9 11 valance. The proposed replacement awning is the same dimension, less the 9" valance. The previous awning was grey and maroon, the proposed awning is one color, charcoal gray. ZONING: Commercial Core, H, Historic Overlay District. PROJECT SIJMMARY: Bright and Shiny Things is located in the middle of the Hyman Avenue Mall. The awning, a very visible element on the mall, presents both the image of the business and the business name. Staff finds the general application in keeping with the guidelines (as noted below) and a positive addition to the otherwise simple storefront. However, the awning as proposed, attached to a fixed frame, encroaches into the City's right-of-way. Upon review of the application, Zoning Officer, Bill Drueding, stated that the applicant is required to have an Encroachment License for this awning. Should the awning be collapsible, no Encroachment License is required. The applicant shall be required to show proof of an approved Encroachment License or make application and receive same prior to a permit being granted. In the past, HPC has required a letter of agreement from the building owner that all awnings to be attached to the building will be consistent in design, material and color. Another business located in the building, Takah Sushi, has an awning very different from this proposal, which the HPC should take into consideration when reviewing this proposal. 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 subject site is in an H, Historic Overlay district or is adjacent to a Historic Landmark.
.. Response: The Historic Development Guidelines state: (Page 25 - E. Storefronts, 6.) Consider using awnings or canopies to provide color and depth to the facade. On many storefronts and upper story windows awnings are appropriate. These awnings should match the shape and width of the opening it is covering. They should not obscure important details. the awnings should also be aligned with other awnings on a building. Canopies are appropriate only on the ground level and should match the width of the storefront. Awnings or canopies made of aluminum, fiberglass and other rigid materials are not encouraged. Awnings that do not serve as useful sheltering from sun, rain or snow are not encouraged. Staff finds the application appropriate in the following areas: 1. The proposal is for one awning, ground level only 2. The awning material is heavy, treated canvas, of a neutral color, matte finish 3. The awning protects the storefront and customers from the elements 4. The replacement awning will not include a valance, which will make it shorter in width and less dominant to the storefront and the building Staff finds the application inconsistent with the Guidelines in the following areas: 1. The awning exceeds the width of the storefront opening approximately one (1) foot on each side 2. The awning is not aligned with nor similar in design to the other awning on the building (Takah Sushi) 2. Standard: The proposed development reflects and is consistent with the character of the neighborhood of the parcel proposed for development. Response: Awnings are utilized throughout the Commercial Core District to attract attention to the business, provide space for signage and offer protection from sun, snow and rain. However, the character of the neighborhood (Core) encourages consistency in awning design per building. This requires consensus from retailers and cooperation from the building owner. This particular proposal does not reflect that goal. Undoubtedly the applicant's original awning had been in place for many years prior to Takah Sushi's. Staff points out that the main entrance to Takah Sushi, served by the awning, is on the west side of the building making it 2
.. less primary and visible than the main facade, however, the ground level footprint of this building is not extremely large to disregard the differences in awning design. Both are visible from the mall. 3. Standard: The proposed development enhances or does not detract from the cultural value of designated historic structure located on the parcel proposed for development or adjacent parcels Response: No historic structure is involved in the project; the standard does not apply. 4. Standard: The proposed development enhances or does not diminish or detract from the architectural integrity of a designated historic structure or part thereof. Response: The structure on which the awning will be placed is not historic. The storefront is architecturally simple in nature, and is in need of consistent, well designed, quality accouterments such as awnings. Staff finds that the proposed awning does not obscure any significant architectural feature on this building. Staff recommends that the applicant work with the building owner to unify and improve storefront design on the building (signs and awnings), which will present a positive, cohesive image on the mall. RECOMMENDATION: The Planning Office recommends that the HPC grant minor development approval for the application for 424 East Hyman Avenue, subject to the following conditions: 1. That the applicant show proof of an Encroachment License, or receive such license prior to a permit being granted. 2. That the awning be slightly redesigned to compliment and incorporate elements of existing Takah Sushi awning for building design consistency 3. That the awning meet the Development Guidelines specific to matching the width of the opening it is covering 4. That the applicant receive the approval from the City's Zoning Enforcement Officer with regard to the sign code, specific to the applicant's request to add the word "Jewelry" to the awning 5. That the applicant submit to the Planning Office prior to a permit being granted a letter of agreement from the building owner, requiring awning conformity. 3
.. . Staff also recommends that the applicant work closely with the building owner and other business owners in the building to bring into consistency all signage and ancillary attachments on the building in an attempt to eliminate clutter and present a unified design on the mall. hpc.memo.424EH 4
.. ATTACHMENT 2 Minimum Submission Contents for All Development Applications All Development Applications shall include, at a minimum, the following information and materials. 1. The applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. 2. The street address anck legal /description of the parcel on which the__dev#¥Rent is proposed to occup.=-' #-5 3. /1 disclosure of ownership of the parcel on which ~ / the development is proposed to occur, consisting 1 ( of a current certificate from a title insurance 1 / company, or attorney licensed to practice. in the ( State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the · owner's right to apply for the Development ~ Application. 4. An 8 1/2"x 11" vicinity map locating the subject parcel within the City of Aspen. 5. An explanation of why the proposed development complies with the substantive development review standards relevant to the Development Application.
.. ATTACHMENT 3 Specific Submission Contents: Minor Development to Historic Landmark or in Historic Overlay District A Development Application for a Minor Development Plan shall include the following: 1. A written description Of the proposed development. 2. An accurate representation of all major building materials, such as samples and photographs, to be used for the proposed development. 3. A scale drawing of the proposed development in relation to any existing structure. 4. A statement Of the effect of the proposed development on the original design Of the historic structure (if applicable) and character of the neighborhood.
ATTACHMENT 4 Review Standards: Development in H, Historic Overlay District or Development Involving Historic Landmarks No approval for any development in the H, Historic Overlay District or involving Historic Landmarks shall be granted unless the HPC finds that all of the following standards are met. a. The proposed development is compatible in character- with designated historic structures located on the parcel and with development on adjacent parcels when the subject site is in an H, Historic Overlay District or is adjacent to an Historic Landmark. For Historic Landmarks where proposed development would extend into front yard, side yard and rear yard setbacks, extend into the minimum distance between buildings on the lot or exceed the allowed floor area, HPC shall find that such variation is more compatible in character with the historic landmark, than would be development in accord with dimensional requirements; and b. The proposed development reflects and is consistent with the character of the neighborhood of the parcel proposed for development; and C. The proposed development enhances or does not detract from the cultural value of designated historic struc- A tures located on the parcel proposed for development or adjacent parcels; and d. The proposed development enhances or does not diminish or detract from the architectural integrity of a designated historic structure or part thereof. e. Historic District and Historic Landmark Development Guidelines have been adopted by the City Council for use by HPC. Applicants should consult these guidelines in addition to the above standards.
.. Attachment 5 Public Hearing Notice Requirements There are three forms of notice required by the Aspen Land Use Regulations, these being notice by publication in the newspaper, notice by posting Of the property and notice by mail to surrounding landowners. You can determine whether your application requires notice, and the type of notice it requires, from Table 1, which is attached to this summary. Following is a summary of the notice requirements, including identifying who is responsible for completing the notice. 1. Publication Publication of notice in a paper of general circulation in the City of Aspen is to be done at least 15 days prior to the hearing. The legal notice will be written by the Planning Office Administrative Assistant and we will place the notice in the paper within the appropriate deadline. 2. Posting Posting of a sign in a conspicuous place on the property is to be done 10 days prior to the hearing. It is the applicant's responsibility to obtain a copy of the sign from the Planning Office, to fill it in correctly and to bring proof (preferably a photograph) to the hearing that posting took place. 3. Mailing 1 Mailing of notice is to be made to all owners of property within 300 feet of the subject development parcel by the applicant. It is the applicant's responsibility to obtain a copy of the notice from the Planning Office, to mail it according to the following standards, and to bring proof to the hearing (in the form of a signed affidavit) that the mailing took place. Standards for notice shall be as follows: a. Any federal agency, state, county or municipal government service district or quasi governmental agency that owns property within 300 feet of the subject property must be mailed notice 15 days prior to the hearing. b. All other landowners within 300 feet of the subject property must be mailed notice 10 days prior to the hearing, unless notice is given by hand delivery, in which case it must be sent 5 days prior to the hearing. C. Subdivision applications only also require notice by registered mail to all surface owners, mineral owners and lessees of mineral owners of the subject property. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty days prior to the date of public hearing.
TABILE 1 ' SUMMARY OF RJBLIC HEARING NCI'ICE PROCE[I]RES APPLICATION TYPE PUBLIC HEARING REWIRED? BY WHCM POEM OF NOTICE* Conditional Use Y Commission 2,3 Special Review N 8040 Greenline N Stream Margin N Mountain View Plane N Conceptual Historic Development Y HE)C 1,2,3 Final Historic Development N Minor Historic Development N Historic Demolition Y HPC 1,2,3 Historic Designation Y HPC, Commis. HPC-1,2,3 & Council Cammis.- 1,2,3 Council-4 4 Conceptual SPA Y Council 1,2,3 Final SPA Y Commission 1,2,3 Conceptual PUD '· Y Council 1,2,3 Final PUD Y Commission 1,2,3 Subdivision Y Commission 1,2,3 Condominiumization N Lot Split Y Council 1,2,3 Lot Line Adj ustment N GMQS Allotment Y Commission 1,2,3 GMQS Exemption N (except for see above for lot split lot split) Map Amendments Y Commission & Commis.-1,2,3 Council Council-4 Text Amendments Y Commission & Commis.-1 Council Council-4 * Numbers refer to the following: 1 = Publication in newspaper 2 = Posting of property 3 - Mailing to surrounding landowners 4 = Ordinance adoption procedures
.. Attachment 6 General Summary of One Step HPC Application Process 1. Application Types: The following are the Development Applications which are processed in one step by the HPC: * Minor Development 2. Development Review Procedure Summary. The one step HPC review procedure can be described as follows. Stage One: Attend pre-application conference. The purpose of this one-on-one meeting with staff is to determine the review process into which your development proposal fits and to identify the materials staff will need to review your application. Stage Two: Submit Development Application. Based on your meeting with staff, you should respond to the appropriate portions of the application package and submit the requested number of copies of a complete application, with the appropriate processing fee, to the Planning Office. Stage Three: Determination of Completeness. Within five working days of the date of your submission, the application package will be reviewed by a member of the staff. You will be notified in writing of whether the application is complete or if additional materials are required. Please be aware that the purpose of the completeness review is to determine whether or not you have submitted what was requested, not whether the information is sufficient to obtain approval. Stage Four: Review of Development Application. Once your application is determined to be complete, a date for its review by the HPC will be set. The submission due date is a minimum of 12 days prior to the HPC review date, to allow for staff review and memo preparation. It is the planner's task to review your application with respect to its compliance with the Code and to write a review memo. In the memo, the planner will recommend approval, denial or tabling of the application and recommend appropriate conditions to this action. The memo is normally available at the end of the week before your hearing. You will be called to pick up a copy of the memo when it is ready, or we can mail it to you if you so request. Your project will be presented to the HPC at a regularly scheduled meeting. A copy of the agenda showing where during the meeting your application is scheduled can be obtained when you pick up the staff memo.
.. The typical meeting includes a presentation by staff, a presentation by you or your representative, questions and comments by the review body and the public and an action on the staff recommendation, unless additional information is requested by the review body. Stage Five: Receipt of Building Permit. Once you have received final approval of your development application, you may proceed to building permit review. During this time, your project will be examined for its compliance with the Uniform Building Code. It Will also be checked for compliance with applicable provisions of the Land Use Regulations which were not reviewed in detail during the one step review (this might include a check of floor area ratios, setbacks, parking, open space and the like). Fees for water, sewer, parks and employee housing will be collected if due. Any document required to be recorded, such as a plat, deed restriction or agreement, will need to be reviewed and recorded before a Building Permit is issued. For more information on the Building Permit Stage, please visit the Building Department to obtain handouts on their review procedures. 3. Consolidation: Minor Development review may be consolidated with the designation of a historic structure. However, actual consolidation of HPC review with review by the Commission is not possible due to the different review bodies required to approve such applications. However, staff recommends concurrent application review to reduce your overall processing time. Applications which you may submit for concurrent P&Z review include: * Conditional use * Special review * ESA * GMQS exemption for historic landmark or affordable housing If you are submitting any of the above applications along with your one step application, you should also obtain the application package for that type of submission from this office. lstephpcsumm