HomeMy WebLinkAboutresolution.council.047-11 RESOLUTION NO. 47
(Series of 2011)
A RESOLUTION OF THE ASPEN CITY COUNCIL APPROVING A REINSTATEMENT OF
THE VESTED RIGHTS GRANTED BY RESOLUTION NO. 19, SERIES OF 2008 FOR THE
PROPERTY DESCRIBED AS LOT 1, MOSES LOT SPLIT, COMMONLY DESCRIBED AS 605 S.
ASPEN ALPS ROAD (FORMERLY KNOWN AS 800 S. ASPEN ALPS ROAD), CITY OF ASPEN,
PITKIN COUNTY, COLORADO.
Parcel No. 273718256003
WHEREAS, the Community Development Department received an application from Alan
Richman Planning Services representing South Alps Road, LLC, requesting approval of a
reinstatement of the vested rights granted for the subject property pursuant to Resolution No. 19, Series
of 2008; and,
WHEREAS, the Planning and Zoning Commission adopted Resolution No. 19 (Series of
2008), which approved an 8040 Greenline review to develop a single family residence; and
WHEREAS, the applicant's vesting period expired on June 22, 2011; and
WHEREAS, pursuant to Section 26.308.010 Vested Property Rights of the Land Use Code,
City Council may grant an extension or reinstatement 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 reinstatement of vested rights for a period of approximately 3 years until
June 22, 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 reinstatement of vested rights proposal for a period
of two years 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. 47, Series of 2011
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Section 1:
The Aspen City Council does hereby approve a reinstatement of vested rights as approved by
Resolution No. 19, Series of 2008 for a two (2) year period through June 22, 2013, conditioned on the
following:
A. That the establishment herein of a vested property right shall not preclude the application of
regulations which are general in nature and are applicable to all property subject to land use
regulation by the City of Aspen including, but not limited to, building, fire, plumbing,
electrical, and mechanical codes, and all adopted impact fees that are in effect at the time of
building permit, unless an exemption is granted in writing.
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 1 l th day of July, 2011 at 5:00 PM in the
City Council Chambers, Aspen City Hall, Aspen, Colorado.
FINALLY, adopted, passed, and approved by a ifJVr gone (4 - Iirote on this 11th day of July, 2011.
Approved as to form: Approved as to content:
s /
John orcester, City Attorney Michael C. Ireland, May
Attest:
la i L
Kathryn S. /c 1, City Clerk
Resolution No. 47, Series of 2011
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