HomeMy WebLinkAboutresolution.council.092-10 RECEPTION #: 575050, 11/11/2010 at
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1 OF 3, R $21.00 Doc Code RESOLUTION
Janice K. Vos Caudill, Pitkin County, CO
RESOLUTION NO. 92
(Series of 2010)
A RESOLUTION OF THE ASPEN CITY COUNCIL APPROVING AN
EXTENSION OF THE VESTED RIGHTS GRANTED BY HISTORIC
PRESERVATION COMMISSION RESOLUTION NO. 19, SERIES OF 2008 AND
PLANNING AND ZONING COMMISSION RESOLUTION NO. 15, SERIES OF 2008
FOR THE PROPERTY DESCRIBED LOTS Q, R, AND S, BLOCK 24, AS
COMMONLY DESCRIBED AS 604 WEST MAIN STREET, CITY AND TOWNSITE
OF ASPEN, PITKIN COUNTY, COLORADO.
Parcel No. 2735- 124 -44 -008
WHEREAS, the Community Development Department received an application
from 604 West LLC, Neil Karbank, Manager, requesting approval of a three year
extension of the vested rights granted for 604 West Main Street pursuant to Historic
Preservation Commission Resolution No. 19, Series of 2008 and Planning and Zoning
Commission Resolution No. 15, Series of 2008; and,
WHEREAS, the Planning and Zoning Commission adopted Resolution No. 15,
Series of 2008, which granted Growth Management review for the Expansion of a
Historic Landmark for Mixed Use Development and Growth Management review for
Affordable Housing for part of a development order that is valid until September 21,
2011; and,
WHEREAS, the Historic Preservation Commission adopted Resolution No. 19,
Series of 2008, which granted a certificate of appropriateness for Major Development,
and approval of Variances and Commercial Design Standard Review for part of a
development order that is valid until September 21, 2011; 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 21, 2014;
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
Resolution No. , Series of 2010
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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:
Section 1:
The Aspen City Council does hereby approve an extension of vested rights as approved
by Historic Preservation Commission Resolution No. 19, Series of 2008 and Planning
and Zoning Commission Resolution No. 15, Series of 2008 through September 21, 2014.
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 8th day of November,
2010 at 5:00 PM in the City Council Chambers, Aspen City Hall, Aspen, Colorado.
signatures on following page]
Resolution No. , Series of 2010
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FINALLY, adopted, passed, and approved by a five to zero (5 — 0) vote on this 8th day of
November, 2010.
Approved as to form: Approved as to content:
"John City Attorney Michael C. Irela ', Mayor
Attest:
athryn S. Ko r ity Clerk
Resolution No. , Series of 2010
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