HomeMy WebLinkAboutresolution.council.016-09RESOLUTION NO. 16
(SERIES 2009)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, TO APPROVE AN
EXTENSION OF VESTED RIGHTS GRANTED BY RESOLUTION N0.2 OF 2006 BY THE
HISTORIC PRESERVATION COMMISSION FOR THE PROPOERTY COMMONLY
DESCRIBED AS 920 WEST HALLAM STREET, LEGALLY DESCIBED AS UNIT B-1, LOT
B, ASPEN HISTORIC COTTAGES, CITY OF ASPEN, PITHIN COUNTY, COLORADO
Parcel Identification Number 2735-123-18-002
WHEREAS, the Community Development Department received an application from Amy
Guthrie and David Guthrie, requesting a Vested Rights Extension for three years pursuant to
Resolution No. 2, Series of 2006; and
WHEREAS, The Historic Preservation Commission adopted Resolution No. 2, Series of
2006, which approved a Minor Development application and awarded Vested Property Rights
status for an addition to the sub grade space and the breezeway until March 20`h, 2009; and,
WHEREAS, the applicant submitted the application for extension of vested property
rights on January 26`h, 2009 before the vested rights expired, this was approved via Resolution
No.2, Series of 2006; and,
WHEREAS, the applicant submitted the application for extension of vested property
rights before the vested rights expired in 2009; and,
WHEREAS, pursuant to Section 26.308.010 Vested Property Rights of the Land Use Code,
City Council may grant an extension of vested rights after a public hearing is held and a resolution
is adopted; and,
WHEREAS, the Community Development Director has reviewed the application and
recommended approval of an extension of vested rights for the 920 West Hallam Street Minor
Development under the Historic Preservation Commission; and
WHEREAS, the Aspen City Council has reviewed and considered the request of vested
rights for the 920 West Hallam Street Minor Development approval under the provisions of the
Municipal Code as identified herein, has reviewed and considered the recommendation of the
Community Development Director, and has taken and considered public comment at a public
hearing; and,
WHEREAS, the City Council finds that the extension of the vested rights proposal meets or
exceeds all applicable land use standards and that the approval of the extension of vested rights with
conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and,
WHEREAS, the City Council finds that this resolution furthers and is necessary for the
promotion of public health, safety, and welfaze.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN COUNCIL AS
FOLLOWS:
Section 1:
Pursuant to the procedures and standards set forth in Section 26 of the City of Aspen Municipal
Code, the City Council hereby approves the request for an extension of vested rights for Unit B-
1, Lot B, Aspen Historic Cottages until Mazch 20, 2012 that were approved by Resolution No. 2,
Series of 2006 by the Historic Preservation Commission with the following conditions:
1. That the establishment herein of a vested property right shall not preclude the
application or regulations which are general in nature and are applicable to all
property subject to the land use regulation by the City of Aspen including, but not
limited to, building, fire, plumbing, electrical, and mechanical codes, and all adopted
impact fees that aze in effect at the time of building permit, unless an exemption
granted in writing.
Section 2:
All material representations and commitments made by the Applicant pursuant to the development
proposal approvals as herein awazded, whether in public hearing or documentation presented before
the City Council, aze hereby incorporated in such plan development approvals and the same shall be
complied with as if fully set forth herein, unless amended by an authorized entity.
Section 3:
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 resolutions repealed or amended as
herein provided, and the same shall be conducted and concluded under such prior resolutions.
Section 4•
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
sepazate, distinct and independent provision and shall not affect the validity of the remaining
portions thereof.
Section 5:
A public hearing on this resolution was held the 9`h day of March, 2009, in the City Council
Chambers, 130 S. Galena, 15 days prior to which public notice was published in a newspaper of
general circulation within the City of Aspen.
FINALLY adopted, passed and approved this 9`h day of Ma c ~ 0 9 by a 5 - 0 te.
/ 3--1/ -?oaj1
Michael C lie and, Mayo
At t:
Kathryn S. ,City Clerk
Approved as to form:
Joh P. Worcester, City Attorney