HomeMy WebLinkAboutresolution.hpc.010-2018 RESOLUTION #10, SERIES OF 2018
A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC)
GRANTING MINOR DEVELOPMENT AND COMMERCIAL DESIGN REVIEW FOR THE
PROPERTY LOCATED AT 303 EAST MAIN STREET, LOT A AND THE WEST HALF OF LOT
B, BLOCK 80, CITY AND TOWNSITE OF ASPEN, COLORADO
PARCEL ID: 2737-073-29-001
WHEREAS, the applicant, Matsuhisa Aspen, Michael & Steven Goldberg,
represented by Rowland + Broughton., has requested HPC approval for Minor
Development and Commercial Design for the property located at 303 East Main
Street, Lot A and the West half of Lot B, Block 80, City and Townsite of Aspen,
Colorado;
WHEREAS, Section 26.415.070 of the Municipal Code states that "no building or
structure shall be erected, constructed, enlarged, 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
WHEREAS, for approval of Minor Development Review, the application shall
meet the requirements of Aspen Municipal Code Section 26.415.070.C, Minor
Development involving a designated historic property or property within a
historic district; and
WHEREAS, for approval of Commercial Design Review, the application shall
meet the requirements of Aspen Municipal Code Section 26.412.060,
Commercial Design Review; and
WHEREAS, HPC reviewed the project on August 1 , 2018. HPC considered the
application, the staff memo and public comments, and found the proposal
consistent with the review standards and granted approval with conditions by a
vote of 7 to 0.
NOW, THEREFORE, BE IT RESOLVED:
That HPC hereby approves Minor Development and Commercial Design Review for
303 East Main Street, Lot A and the West half of Lot B, Block 80, City and Townsite of
Aspen, CO with the following conditions:
Section 1: Minor Development Review and Commercial Design Review
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RECEPTION#: 650169, R: $23.00, D: $0.00 HPC Resolution #10, Series of 2018
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Janice K.Vos Caudill, Pitkin County, CO
HPC hereby approves the proposed design of the permanent airlock in front of the
primary entrance of the restaurant, and the alteration of the existing secondary
entry from a door to a window with the following condition:
- Restudy the existing vestibule area, where the door will be changed to a
window, to appropriately match the new conditions, which will be approved
by HP staff and monitor.
Section 2: Material Representations
All material representations and commitments made by the Applicant pursuant
to the development proposal approvals as herein awarded, whether in public
hearing or documentation presented before the Community Development
Department, the Historic Preservation Commission, or the Aspen City Council are
hereby incorporated in such plan development approvals and the same shall
be complied with as if fully set forth herein, unless amended by other specific
conditions or an authorized authority.
Section 3: Existing Litigation
This Resolution shall not affect 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: Severability
If any section, subsection, sentence, clause, phrase, or portion of this Resolution
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: Vested Rights
The development approvals granted herein shall constitute a site-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
HPC Resolution #10, Series of 2018
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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: 303 East Main Street.
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 1St day of August,
2018.
Approved a Form: Approved as to Content:
CID
An Bryan, Assistant City Attorney Gret en Gree—
ATTEST:
jq� -
Nicole Henning, Deputy City Clerk
HPC Resolution #10, Series of 2018
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