HomeMy WebLinkAboutresolution.hpc.027-2008RECEPTION#: 554946, 12111!2008 at
10:29:02 AM,
~ OF 2, R $11.00 Doc Code RESOLUTION
Janice K. Vos Caudill, Pitkin County, CO
RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC)
APPROVING AN APPLICATION FOR MINOR DEVELOPMENT FOR THE
POPCORN WAGON ON PROPERTY LOCATED AT 305 SOUTH MILL STREET,
UNIT A OF THE ASPEN COMMERCIAL CONDOMINIUMS, CITY AND TOWNSITE
OF ASPEN, COLORADO
RESOLUTION N0.27 SERIES OF 2008
PARCEL ID: 2737-182-17-003.
WHEREAS, the applicants, Dena Mazino and Marcus Wade have requested Minor
Development approval for the property located at 305 South Mill Street, Unit A of the Aspen
Commercial Condomimiums, 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, the procedure for a Minor Development Review is as follows. Staff reviews the
submittal materials and prepazes a report that analyzes the project's conformance with the design
guidelines and other applicable Land Use Code Sections. This report is transmitted to the HPC
with relevant information on the proposed project and a recommendation to continue, approve,
disapprove or approve with conditions and the reasons for the recommendation. The HPC
reviews the application, the staff analysis report and the evidence presented at the hearing to
determine the project's conformance with the City of Aspen Historic Preservation Design
Guidelines. The HPC may approve, disapprove, approve with conditions, or continue the
application to obtain additional information necessary to make a decision to approve or deny; and
WHEREAS, Saza Adams, in her staff report dated October 22nd, 2008, performed an analysis of
the application based on the standards, found the review standazds and the "City of Aspen
Historic Preservation Design Guidelines have been met; and
WHEREAS, at a special public heazing on August 11, 2008, continued to October 22, 2008, the
Historic Preservation Commission considered the application, found the application for Minor
Development met the "City of Aspen Historic Preservation Design Guidelines" and approved the
application by a vote of 5 to 0.
NOW, THEREFORE, BE IT RESOLVED:
That HPC hereby recommends approval of the application for Minor Development for the property
located at 305 South Mill Street, Unit A of the Aspen Commercial Condominiums, City and
Townsite of Aspen, Colorado with the following conditions:
1. The exterior finishes of the wagon will be reviewed and approved by Staff and Monitor
prior to application.
2. The development approvals granted herein shall constitute asite-specific development plan
vested for a period of three (3) yeazs 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: 305 South Mill Street,
Unit A, the Popcorn Wagon.
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 aze 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 it~ular meetin the d ay of Octo r
2008.
Michael Hoffman, Chair
Approved as to content:
A T ST:
Kathy S •ickland, Chief Deputy C erk
App ved as to Form: __~
m True, Special-Cal Counsel