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HomeMy WebLinkAboutresolution.apz.017-2013 RECEPTION#: 601030, 07/09/2013 at 11:19:39 AM, 1 OF 2, R $16.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO RESOLUTION NO. 17 (SERIES OF 2013) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING THE ESTABLISHMENT OF A CERTIFICATE OF AFFORDABLE HOUSING CREDITS FOR THE PROPERTY LEGALLY DESCRIBED AS CONDOMINIUM UNIT 815, BUILDING 800, HUNTER CREEK CONDOMINIUMS, PHASE II ACCORDING TO THE CONDOMINIUM MAP THEREOF RECORDED ON FEBRUARY 2, 1982 IN PLAT BOOK 12 AT PAGE 71, AND AS DEFINED AND DESCRIBED BY THE CONDOMINIUM DECLARATION RECORDED IN BOOK 420 AT PAGE 714 AND AMENDMENT THERETO RECORDED NOVEMBER 23, 1983, IN BOOK 456 AT PAGE 273 AND SECOND AMENDMENT THERETO RECORDED MARCH 291 1984 IN BOOK 463 AT PAGE 758, AND THIRD AMENDMENT THERETO RECORDED JULY 26, 1984 IN BOOK 470 AT PAGE 738, CITY OF ASPEN, PITKIN COUNTY, COLORADO AND COMMONLY DESCRIBED AS 815 VINE STREET. PARCEL ID: 2737-07-366-074 WHEREAS, the Community Development Department received an application from 815 Vine Street, LLC, c/o Andrew V. Hecht, represented by Stan Clauson Associates, Inc. requesting approval to establish a Certificate of Affordable Housing Credit; and, WHEREAS,the property is located at 815 Vine Street and is currently zoned Residential Multi- family-A (RMFA); and, WHEREAS, pursuant to Section 26.540.040, Authority, the Aspen Planning and Zoning Commission may approve, approve with conditions, or deny an application for the establishment of a Certificate of Affordable Housing Credit; and, WHEREAS, upon review of the application and the applicable Land Use Code standards, the Community Development Department recommends approval for the establishment of a Certificate of Affordable Housing Credit; and, WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation the Community Development Director, and has taken and considered public comment at a public hearing; and, WHEREAS, during a duly noticed public hearing on July 2, 2013, the Aspen Planning and Zoning Commission approved Resolution No. 17, Series of 2013, by a 7 to 0 vote, approving the establishment of a Certificate of Affordable Housing Credit; and, WHEREAS, the Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. 815 Vine Resolution No. 17, Series of 2013 Page 1 of 2 NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO THAT: Section 1: Certificates of Affordable Housing Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby approves establishment of a Certificate of Affordable Housing Credit for 3.00 FTEs, at a Category 4 income level, such certificate to be granted by the Community Development Department, pursuant to Section 26.540.040 and according to Section 26.540.080, subsequent to filing of an approved, executed and recorded deed-restriction in compliance with APCHA Guidelines. Section 2: Severabilitv 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 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: Approvals 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 Planning and Zoning Commission, 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. APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 2nd day of July, 2013. APPROVED AS TO FORM: PLAN AND ZONING C ION: Debbie Quinn,Assistant City Attorney J rspamer, Chair ATTEST: Kathy Stri land, Chief Deputy Cler 815 Vine Resolution No. 17, Series of 2013 Page 2 of 2