HomeMy WebLinkAboutresolution.hpc.004-2019 RESOLUTION #4, SERIES OF 2019
A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION
GRANTING RELOCATION APPROVAL FOR THE PROPERTY LOCATED AT Soo W.
MAIN STREET, LOTS Q, R AND S, BLOCK 44, CITY AND TOWNSITE OF ASPEN,
PITKIN COUNTY, COLORADO
PARCEL ID: 2735-124-41-oo6
WHEREAS, the applicant, Dennis Chookaszian, represented by Charles Cunniffe Architects,
submitted an application requesting Relocation and a Floor Area Bonus for the property
located at 300 W. Main Street, Lots Q, R and S, Block 44, City and Townsite of Aspen,
Colorado; 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 approval of Relocation, the application shall meet the requirements of Aspen
Municipal Code Section 26.415.090.C, Relocation of a Designated Property; and
WHEREAS, for approval of a Floor Area Bonus, the application shall meet the requirements
of Aspen Municipal Code Section 26.415.110.F, Floor Area Bonus; and
WHEREAS, Community Development Department staff reviewed the application for
compliance with the applicable review standards and recommended approval of Relocation
but not the bonus; and,
WHEREAS, HPC reviewed the project on March 27, 2o19. HPC considered the application,
the staff memo and public comments, and found the proposed Relocation, but not the Floor
Area Bonus, to be consistent with the review standards and granted approval with conditions
by a vote of 5 to 1.
NOW, THEREFORE, BE IT RESOLVED:
Section 1: Relocation Approval
HPC hereby approves Relocation with the following conditions:
1. A financial assurance of $30,000, in the form of a letter of credit, cashier's check or
personal check, must be provided at the time of building permit application and will be
held by the City until the basement construction is successfully completed.
11111111111111111111111111111111111111111111111111111111111111111111111111111IN HPC Resolution #4, Series of 2019
RECEPTION#: 655616, R: $23.00, D: $0.00 Page 1 of 3
DOC CODE: RESOLUTION
Pg 1 of 3, 04/30/2019 at 03:10:21 PM
Janice K.Vos Caudill, Pitkin County, CO
2. The existing exposed foundation at the historic resource is to be preserved, and
repaired if needed, after approval by staff and monitor.
3. The applicant must coordinate with the Parks Department regarding protection of all
trees in the vicinity of the new basement.
4. 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 18o 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:
300 W. Main Street.
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 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.
Section 2: Material Representations
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 Community Development Department, the Historic
Preservation Commission, or the Aspen City Council are hereby incorporated in such plan
HPC Resolution #4, Series of 2019
Page 2 of 3
development approvals and the same shall be complied with as if fully set forth herein, unless
amended by other specific conditions or an authorized authority.
Section 3: Existing Litigation
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: Severability
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.
APPROVED BY THE COMMISSION at its regular meeting on the 27" day of March, 2019.
Approved as t�Form: Approved as to Content:
Andrea Bryan, Assistant City Attorney Bob Blaich, Vice-Chair
ATTEST:
Nicole Henning, Deputy C y Clerk
HPC Resolution #4, Series of 2019
Page 3of3