HomeMy WebLinkAboutresolution.council.088-10 RESOLUTION NO. 88
(Series of 2010)
A RESOLUTION OF THE ASPEN CITY COUNCIL APPROVING AN
EXTENSION OF THE VESTED RIGHTS GRANTED BY HISTORIC
PRESERVATION COMMISSION RESOLUTION NO. 35, SERIES OF 2007 FOR
THE PROPERTY DESCRIBED LOT B OF THE BECK HISTORIC LOT SPLIT AS
COMMONLY DESCRIBED AS 507 GILLESPIE STREET, CITY AND TOWNSITE
OF ASPEN, PITKIN COUNTY, COLORADO.
Parcel No. 2735 - 121 -11 -007
WHEREAS, the Community Development Department received an application
from Randall Bone, requesting approval of a three year extension of the vested rights
granted for 507 Gillespie Street pursuant to Historic Preservation Commission Resolution
No. 35, Series of 2007; and,
WHEREAS, the Historic Preservation Commission adopted Resolution No. 35,
Series of 2007, which approved a single family residence and accessory dwelling unit as
part of a development order that is valid until September 9, 2010; 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 until September 9, 2013; and,
WHEREAS, the Aspen City Council has reviewed and considered the request
under the applicable 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 vested rights proposal
meets or exceeds all applicable land use standards and that the approval of the extension of
vested rights proposal, 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 welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ASPEN,
COLORADO, THAT:
Resolution No. 88, Series of 2010
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Section 1:
The Aspen City Council does hereby approve an extension of vested rights as approved
by Historic Preservation Commission Resolution No. 35, Series of 2007 through
September 9, 2013.
Section 2:
All material representations and commitments made by the applicant pursuant to the
development proposal approvals as herein awarded, whether in public hearing 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 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 ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such
prior ordinances.
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 separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof.
Section 5:
A duly noticed public hearing on this Resolution was held on the 25th day of October, 2010
at 5:00 PM in the City Council Chambers, Aspen City Hall, Aspen, Colorado.
FINALLY, adopted, passed, and approved by a five to zero (5 — 0) vote on this 25th day of
October, 2010.
Approved as to form: Approved as to content:
n orcester, City Attorney Michael C. Ir , Mayor
Attest:
Kathryn S. r h, City C lerk
Resolution No. 88, Series of 2010
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