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A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION
APPROVING FINAL MAJOR DEVELOPMENT AND COMMERCIAL DESIGN
REVIEW FOR THE PROPERTY LOCATED AT 302 E. HOPKINS AVENUE,LOT K,
BLOCK 80, CITY AND TOWNSITE OF ASPEN
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RESOLUTION # 10, SERIES OF 2012
PARCEL ID: 2737-073-29-005
WHEREAS, the applicant, Hillstone Restaurant Group, represented by Rowland + Broughton
Architects and Vann Associates, submitted an application for Final Major Development and
Commercial Design Review for the property located at 302 E. Hopkins Avenue, Lot K, Block
80, City and Townsite of Aspen. The application is authorized by the current property owner,
MJS Properties, LLC and Brooke Peterson; and
WHEREAS, the property is located within the designated boundaries of the Commercial Core
Historic District as described in City Council Ordinance number 49, Series of 1974; 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, for Final Major Development Review, the HPC must review the application, a staff
analysis report and the evidence presented at a hearing to determine the project's conformance
■ with the City of Aspen Historic Preservation Design Guidelines per Section 26.415.070.D.4 of
the Municipal Code and other applicable Code Sections. 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, for Final Commercial Design Review, the HPC must review the application, a staff
analysis report and the evidence presented at a hearing to determine the project's conformance
with the Commercial, Lodging, and Historic District Objectives and Guidelines per Section
26.412.040 of the Municipal Code. 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, Amy Guthrie, in her staff report to HPC dated May 9, 2012, performed an analysis
of the application based on the standards, found that the review standards had been met, and
recommended approval of the project with conditions; and
WHEREAS, at their regular meeting on May 9, 2012, the Historic Preservation Commission
considered the application during a duly noticed public hearing, the staff memo and
recommendation, and public comments, and found the building to be consistent with the criteria
and approved the proposal, with conditions, by a vote of 4 to 0.
RECEPTION#: 589368, 05/29/2012 at
09:07:29 AM, 302 E.Hopkins Avenue
1 OF 3, R $21.00 Doc Code RESOLUTION HPC Resolution#9, Series of 2012
Janice K. Vos Caudill, Pitkin County, CO
NOW, THEREFORE, BE IT RESOLVED:
That HPC hereby approves Final Major Development and Final Commercial Design Review for
302 E. Hopkins with the following conditions:
1. A sample of the proposed brick and mortar must be provided for HPC approval and an
on-site mock up must be approved by staff and monitor.
2. The applicant must confirm that the existing wood decking on the historic porch will
remain in place even with the addition of the concrete accessibility ramp.
3. Restudy the lighting plan to reduce the variety of fixtures, for approval by staff and
monitor.
4. A report from a licensed engineer or architect demonstrating that the shed can be moved
must be submitted with the building permit application in addition to a bond, letter of
credit or cashier's check in the amount of$15,000 to ensure the safe relocation.
5. 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: 302 E. Hopkins.Avenue,
Lot K, Block 80, City and Townsite of Aspen, County of Pitkin, State of Colorado.
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
302 E. Hopkins Avenue
HPC Resolution#9, Series of 2012
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 its regular meeting on the 9th day of May, 2012.
Ann Mullins, Chair
Approved as to Form:
:44(1A"
Debbie Quinn,Assistant City Attorney
ATTEST:
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athy Stri1kland, Chief Deputy Clerk
302 E.Hopkins Avenue
HPC Resolution#9, Series of 2012