HomeMy WebLinkAboutresolution.hpc.009-2010RECEPTION #: 573756, 09/23/2010 at
09:44:43 AM,
1 OF 3, R $21.00 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
PROPERTY LOCATED AT 212 NORTH MONARCH STREET, THE SOUTH 62 FEET
OF LOTS A, B AND C, BLOCK 78, CITY AND TOWNSITE OF ASPEN, COLORADO
RESOLUTION NO. 09, SERIES OF 2010
PARCEL ID: 2737 -07- 317 -003
WHEREAS, the applicant, Phil Hodgson, represented by Alan Richman of Alan Richman
Planning Services, has requested Minor Development approval for the property located at 212
North Monarch Street, South 62 feet of Lots A, B and C, Block 78, City and Townsite of Aspen,
Colorado; and
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 prepares 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, Sara Adams, in her staff report dated September 15, 2010, performed an analysis of
the application based on the standards, found the review standards and the "City of Aspen
Historic Preservation Design Guidelines were met; and
WHEREAS, at their regular meeting on August 25, 2010 the hearing was opened and continued
to September 8, 2010 for lack of a quorum, and on September 8, 2010 the hearing was opened
and continued to September 15, 2010 for lack of a quorum, finally on September 15, 2010 the
Historic Preservation Commission considered the application, found the application for Minor
Development and the "City of Aspen Historic Preservation Design Guidelines" to be met, and
approved the application by a vote of 4 to 1.
NOW, THEREFORE, BE IT RESOLVED:
That HPC hereby grants approval for Minor Development for the property located at 212 North
Monarch Street, South 62 feet of Lots A, B and C, Block 78, City and Townsite of Aspen,
Colorado with the following conditions:
1. The width of the driveway is reduced to 10'.
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2. The approved driveway jogs around the existing Austrian pine tree.
3. Gravel is approved for the driveway until May 1, 2011, by which time Staff, Monitor will
meet with the owner to determine whether gravel or grass -crete is permanent material. If
Staff and Monitor determine that grass -crete is required, then it must be installed by July
1, 2011. The gravel style and grass crete style require staff and monitor approval prior to
purchase and installation.
4. There shall be no deviations from the exterior elevations as approved without first being
reviewed and approved by HPC staff and monitor, or the full board.
5. The conditions of approval will be required to be printed on the cover sheet of the
building permit plan set and all other prints made for the purpose of construction.\
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 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: 212 North Monarch
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.
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APPROVED BY THE COMMISSION at a special meeting on the 15th day of September,
2010.
Sarah Broughton, Vice -Chair
ATTEST:
G
Kathy Str' Wand, Chief Deputy Cie k
Approved as to Form:
a^ - r
Jim True, Special Counsel
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