HomeMy WebLinkAboutresolution.council.015-11 Resolution No. S
(Series of 2011)
A RESOLUTION OF THE ASPEN CITY COUNCIL APPROVING A THREE (3) YEAR
EXTENSION OF THE VESTED PROPERTY RIGHTS GRANTED BY HPC
RESOLUTION NO. 33, SERIES OF 2004 (AS AMENDED) AND SUBSEQUENTLY
EXTENDED THROUGH ASPEN CITY COUNCIL RESOLUTION NO. 95, SERIES OF
2007 FOR THE PROPERTY LOCATED AT 110 E. BLEEKER STREET, LOTS L AND
M, BLOCK 65, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO.
Parcel No. 2735- 124 -37 -006
WHEREAS, the Community Development Department received an application from
Lexie Brockway Potamkin, represented by Jody Edwards of Klein, Cote and Edwards, LLC,
requesting approval of a three (3) year extension of the vested property rights granted for the
project approved by HPC Resolution No. 33, Series of 2004 (as amended and subsequently
extended through Aspen City Council Resolution No. 95, Series of 2007; and,
WHEREAS, the applicant submitted the application for extension of vested property
rights on December 7, 2010 before the vested property rights expired; and,
WHEREAS, pursuant to Section 26.308.010, Vested Property Rights, of the Land Use
Code, City Council may grant an extension of vested property rights after a public hearing is
held and resolution is adopted; and,
WHEREAS, the Community Development Director has reviewed the application and
recommended approval of a three (3) year extension of vested rights for 110 E. Bleeker Street;
and,
WHEREAS, The Aspen City Council has reviewed and considered the requested
extension of vested property rights for 110 E. Bleeker Street 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 property rights proposal
meets of exceeds all applicable land use standards and that the approval of the extension of
vested property rights proposal, with conditions, is consistent with the goals and elements of the
Aspen Area Community Plan; and,
WIIEREAS, 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 a three (3) year extension of vested property rights
for the 110 E. Bleeker project as was originally approved by HPC Resolution No. 33, Series of
2004 (as amended) and subsequently extended through Aspen City Council Resolution No. 95,
Series of 2007 establishing a new expiration date of December 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 14th day of February, 2011 at
5:00 PM in the City Council Chambers, Aspen City Hall, Aspen, Colorado.
{Signatures on following page}
INTRODUCED, READ, AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 14 day of February, 2011.
Attest:
Kathryn S. och, City Clerk Michael C. Ireland, y
FINALLY, adopted, passed, and approved by a Cto vote on this May of
2011.
Attest:
M en
Kathryn och, City Clerk ichael . Ireland, : yor
Approved as to form
John P. `Worcester, City Attorney