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RECEPTION#: 656767, R: $23.00, D: $0.00
DOC CODE: RESOLUTION
Pg 1 of 3, 06/19/2019 at 03:51:02 PM
Janice K. Vos Caudill, Pitkin County, CO
RESOLUTION #9, SERIES OF 2019
A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC)
GRANTING MINOR DEVELOPMENT REVIEW FOR THE PROPERTY LOCATED AT 517
EAST HYMAN AVENUE, UNIT 517 E. HYMAN AS SHOWN ON THE SECOND
AMENDMENT OF CONDOMINIUM MAP OF ASPEN CORE CONDOMINIUMS AS
RECORDED OCTOBER 2, 2017 IN PLAT BOOK 12o AT PAGE 34 AT RECEPTION NO.
641946, CITY AND TOWNSITE OF ASPEN, COLORADO
PARCEL ID: 2737-182-54-003
WHEREAS, the applicant, Aspen Clark's Real Estate, LLC, represented by Rybak
Architecture & Development, P.C., has requested HPC approval for Minor Development for
the property located at 517 E. Hyman Avenue, Unit 517 E. Hyman as shown on the Second
Amendment of Condominium Map of Aspen Core Condominiums recorded October 2, 2017
in Plat Book 120 at Page 34 at Reception No. 641946, 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 Minor Development Review, the application shall meet the
requirements of Aspen Municipal Code Section 26.415.070.0, Minor Development involving a
designated historic property or property within a historic district; and
WHEREAS, Community Development Department staff reviewed the application for
compliance with the applicable review standards and recommended approval of Minor
Development with conditions; and
WHEREAS, HPC reviewed the project on April 10, 2019. HPC considered the application, the
staff memo and public comments, and found the proposal consistent with the review
standards and granted approval with conditions by a vote of 5 to o.
NOW, THEREFORE, BE IT RESOLVED:
That HPC hereby approves Minor Development for 517 E. Hyman Avenue, Unit 517 E. Hyman as
shown on the Second Amendment of Condominium Map of Aspen Core Condominium, City and
Townsite of Aspen, CO with the following conditions:
Section 1: Minor Development Review
HPC hereby approves minor development to install exterior speakers to the north fapade of the
Aspen Modern Landmark, but not the heaters, with the following conditions of approval:
HPC Resolution #9, Series of 2019
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1.) The existing speakers are not approved. Study options for exterior speakers so that
they do not visually obstruct key architectural features from view such as windows or
siding, to be reviewed and approved by staff and monitor.
2.) The decibel readings from the exterior speakers must comply with Environmental
Health requirements.
3.) Study different options for exterior heaters that do not visually obstruct key
architectural features from view such as windows or siding, to be reviewed and
approved by staff and monitor.
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
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.
Section 5: Vested Rights
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
HPC Resolution #9, Series of 2019
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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: 517 E. Hyman Avenue.
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
26.304.07o(A). The rights of referendum shall be limited as set forth in the Colorado
Constitution and the Aspen Home Rule Charter.
APPROVED BY THE COMMISSION at its regular meeting on the 10th day of April, 2019.
Approved as toF r Approved as to Co ent: )
i
An 're/Bn, As ant City ttorney Gretch reenwood, Chair
ATTEST:
Jean ire Stickle, Records Manager
HPC Resolution #9, Series of 2019
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