HomeMy WebLinkAboutresolution.council.067-19 RESOLUTION NO. 67
(Series of 2019)
A RESOLUTION OF THE ASPEN CITY COUNCIL APPROVING A 6 MONTH
EXTENSION OF VESTED RIGHTS ASSOCIATED WITH HPC RESOLUTION NO.
28 (SERIES OF 2014),CITY COUNCIL ORDINANCE 23,SERIES 2012, FOR A
PROPERTY LOCATED AT 610 E. HYMAN AVENUE, LEGALLY DESCRIBED AS
LOT M,BLOCK 99, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY
COLORADO
Parcel No. 273718212004
WHEREAS, the Community Development Department received an application
from Charles Cunniffe, dba 610 E. Hyman, LLC (represented by Chris Bendon of
BendonAdams, LLC) for a property located at 610 E. Hyman Avenue, requesting an
extension of vested rights for approvals granted pursuant to HPC Resolution No. 28,
Series 2014 and City Council Ordinance No. 23, Series 2012; and,
WHEREAS, the Applicant has submitted a request to extend the vested rights for
the property for a period of 24 months. Current vested rights for the subject property
expire on October 23`h, 2019; and,
WHEREAS, pursuant to Land Use Code Section 26.308.010 Vested Property
Rights, City Council may grant a reinstatement or extension 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 finds that from the time of the adoption of the subject property's approval, the Land
Use Code has not been amended in such a way that, in its current application, would
fundamentally change the 610 E. Hyman Ave. development from its current vested
approval; and,
WHEREAS, the Community Development Director finds that the voluntary
designation by the owner and applicant of the building as an AspenModern Historic
Landmark, and the subsequent negotiated benefits conferred upon the property as part of
that designation represent a commitment by the applicant and City Council to develop the
project in accordance with the negotiated terms; and,
WHEREAS, the Community Development Director finds that the five year
vesting period approved in conjunction with the historic landmark designation provided
two additional years of vesting beyond the period prescribed by Chapter 26.308 of the
Land Use Code; and,
WHEREAS, the Community Development Director further finds that the
Applicant has made significant expenditures obtaining the land use approvals by
engaging architectural and engineering services; and,
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RECEPTION#: 658567, R: $23.00, D: $0.00
DOC CODE: RESOLUTION
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Janice K. Vos Caudill, Pitkin County, CO
WHEREAS, the Community Development Director recommends that a 6 month
extension of vested rights is a reasonable timeframe to pursue building permit submittal;
and,
WHEREAS, the Aspen City Council has reviewed and considered the extension of
vested rights for 610 E. Hyman Avenue 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 rights proposal
meets all applicable land use standards and that approval of a 6-month extension of vested
rights is appropriate; 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:
Section 1
The Aspen City Council does hereby approve a 6-month extension of the vested rights for
HPC Resolution No. 28, Series 2014 and City Council Ordinance No. 23, Series 2012.
The vested rights shall expire on April 23rd, 2020.
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 240' day of June, 2019 at
5:00 PM in the City Council Chambers,Aspen City Hall,Aspen, Colorado.
FINALLY, adopted, passed, and approved by a three to two (3-2) vote on this 24th day of
June, 2019.
Approved as to form: Approved as to content:
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Torre, Mayor
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L Linda Manning,City Clerk