HomeMy WebLinkAboutresolution.council.022B-09RESOLUTION N0.22- B
(SERIES 2009)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, TO APPROVE A
FIVE-YEAR EXTENSION OF VESTED RIGHTS GRANTED BY ORDINANCE N0.6
SERIES OF 2006, BY THE CITY OF ASPEN CITY COUNCIL FOR THE PROPERTY
COMMONLY DESCRIBED AS 501 WEST HOPHINS AVENUE, LEGALLY DESCRIBED
AS LOT 1, BOOMERANG LOT SPLIT, CITY OF ASPEN, PITHIN COUNTY,
COLORADO
Parcel Identification Number 2735-124-66-001
WHEREAS, the Community Development Department received an application from 501
W. Hopkins LLC, requesting An Exemption from Expiration of Vested Rights Exemption pursuant
to Ordinance No. 6, Series of 2006; and
WHEREAS, The Aspen City Council adopted Ordinance No. 6, Series of 2006, which
approved the Boomerang Lot Split, creating Lot 1 and Lot 2, and awazded Vested Property
Rights status for two detached free market residential units and two "for sale" ADU/Carriage
House units in a duplex configuration on Lot 2, and one free mazket residential unit on Lot 1,
until, Apri128, 2009; and,
WHEREAS, the applicant submitted the application for an Exemption from Expiration
of Vested Rights on Mazch 16`h, 2009 before the vested rights expired; and,
WHEREAS, pursuant to Section 26.308.010 Vested Property Rights of the Land Use Code,
City Council may grant an Exemption from Expiration 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 an extension of vested rights rather than an exemption from the Exemption from
Expiration of Vested Rights for Lot 1 of the Boomerang Lot Split for a three year period; and
WHEREAS, the Aspen City Council has reviewed and considered the request of an
Exemption from Expiration of Vested Rights for Lot 1 of the Boomerang Lot Split 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 Exemption from Expiration of Vested Rights
with conditions, is not consistent with the goals and elements of the Aspen Area Community Plan;
however, afive-year extension of vested rights 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 welfare.
Resolution 22 B
Page 1
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 afive-yeaz Extension of Vested Rights for Lot 1 of the
Boomerang Lot Split that was approved by Ordinance No. 6, Series of 2006, by the Aspen City
Council, with the following conditions:
That the establishment herein of a vested property right shall not preclude the
application or regulations which are general in nature and aze 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 are in effect at the time of building permit, unless an exemption
granted in writing.
2. That the new expiration date for vested rights is April 28, 2014.
Section 2•
The applicant shall obtain approval for a retroactive Right of Way permit from the City of Aspen
Engineering Department for the driveway, for seeding of the Swale adjacent to the W. Hopkins
sidewalk and minor repairs to sidewalk uplift that has occurred. The Right of Way permit is to be
obtained by July 1, 2009.
Applicant shall remove any construction trailers and construction equipment, remove the
construction fence, fill in the excavation and use grass seed to vegetate the reclaimed area, this
work to be completed by July 1, 2009.
Section 3•
All material representations and commitments made by the Applicant pursuant to the development
proposal approvals as herein awazded, whether in public heazing or documentation presented before
the 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 an authorized entity.
Section 4:
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 5•
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.
Resolution 22 B
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Section 6:
A public hearing on this resolution was held the 27~' day of April, 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 27`h day of April, 2009, by a 5-0 vote.
~,,
Michae C. rela ayor
Attest:
Kathryn S. Ko ity Clerk
Approved as to form:
,,--,
John P.'Worce~ter, City Attorney
Resolution 22 B
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