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Historic Preservation Commission recommends council establish six TDRs for 500 West Francis
Summary
The Aspen Historic Preservation Commission voted to recommend that city council establish six transferable development rights (totaling 1,500 sq ft) for Lot 1 at 500 West Francis, after hearing the applicant's preservation rationale and staff analysis of code criteria; council will make the final decision.
The Aspen Historic Preservation Commission on Monday voted to recommend that the Aspen City Council establish six transferable development rights (TDRs) for Lot 1 at 500 West Francis, a vacant lot that was created by a historic lot split.
Alan Richmond, representing owner Jerry Murdock, framed the request as a preservation measure, saying the lot split and a historic-floor-area bonus were intended to protect the historic resource nearby. "We respectfully request that you do so," Richmond said, urging the commission to support issuing the six requested TDRs to remove development potential from the site and preserve open yard space in the West End.
HPC staff summarized the legal and code context for the request, noting the applicant requested "the creation of 6 transferable development rights certificates" that would sever 1,500 square feet of allowable floor area from the sending site. Staff flagged a code question: whether the previously awarded 500-square-foot floor-area bonus should be considered part of the unbuilt development rights to be severed, because code language ties some bonuses to potential future development.
Commissioners debated both sides: several said severing six TDRs would best guarantee the lot remained undeveloped and preserved a generous side-yard rhythm characteristic of the West End, while others said the extra 500-square-foot bonus was conferred as an incentive for preservation and may not have been intended to be severed. Multiple commissioners said the policy interpretation of the bonus and the TDR program is ultimately a council-level decision.
Chair moved to approve the commission's first version of Resolution No. 13 recommending council establish six TDRs; the motion passed on a voice vote. The commission's action is advisory; city council will consider the staff report and the HPC recommendation before making a final determination.
Staff said the record and the discussion would be included in the staff report to council and that a staff member would present the recommendation at the council hearing.
