HomeMy WebLinkAboutresolution.council.139-18 RECEPTION#: 651807, R: $18.00, D: $0.00
DOC CODE: RESOLUTION
Pg 1 of 2, 11/08/2018 at 10:35:03 AM RESOLUTION#139
Janice K. Vos Caudill, Pitkin County, CO SERIES OF 2018
A RESOLUTION OF THE CITY COUNCIL RELEASING THE RESTRICTIVE
COVENANT ASSOCIATED WITH UNITS 3 & 4 LOCATED AT 304 E. HOPKINS
AVENUE,THE SEGUIN BUILDING CONDOMINIUMS, CITY AND TOWNSITE OF
ASPEN, COLORADO
PARCEL ID: 2737-073-75-001 to -005,
2737-073-75-800
WHEREAS,the applicant,Hillstone Restaurant Group,represented by BendonAdams, submitted
an application requesting Demolition, Conceptual Major Development, Conceptual Commercial
Design, Transportation and Parking Management, and Growth Management approval for 304 E.
Hopkins Avenue, Units 1-5, The Seguin Building Condominiums, City and Townsite Of Aspen,
Colorado; and
WHEREAS,Community Development Department staff reviewed the application for compliance
with the applicable review criteria, considered the input of other City Departments provided at a
Development Review Committee meeting on May 9, 2018, and recommended continuance of the
project for restudy at HPC hearings held on June 13, 2018 and July 25, 2018. Applicant revisions
provided for review at an HPC hearing on September 26, 2018 were supported by staff with
conditions of approval; and,
WHEREAS, the Aspen Historic Preservation Commission reviewed and considered the
development proposal under the applicable provisions of the Municipal Code, reviewed and
considered the recommendation of the Community Development Director and invited public
comment at duly noticed public hearings on June 13, 2018, July 25, 2018 and September 26, 2018;
and
WHEREAS,on September 26,2018 the Historic Preservation Commission approved the proposal
with conditions, via Resolution#15, Series of 2018, by a vote of 7 to 0; and
WHEREAS, condition of approval #6 requires City Council to release a restrictive covenant
associated with the Declarations of Covenants,Restrictions and Conditions for the Seguin Building
recorded in Book 444 at page 472 to allow the applicant to replace two existing affordable housing
units on the property by extinguishing affordable housing certificate credits.
NOW, THEREFORE, BE IT RESOLVED:
Section 1:
That City Council grants the release of any and all affordable housing restrictions associated with
the Declarations of Covenants, Restrictions and Conditions for the Seguin Building Recorded in
Book 444 at page 472 for Units 3 & 4 of the Seguin Building at 304 E Hopkins, with the
understanding that Affordable Housing Credits will be extinguished by the applicant, consistent
with HPC Resolution#15, Series of 2018.
Section 2:
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 3:
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.
APPROVED BY THE CITY COUNCIL at its regular meeting on the 22' of October, 2018.
Stev n Ska ron,Mayor
Approved as to form:
ames R.True,City Attorney
ZAttes
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Linda Manning,City Clerk