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HomeMy WebLinkAboutresolution.hpc.024-2013 RECEPTION#: 602709, 08/22/2013 at 09:37:35 AM, 1 OF 3, R $21.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (UPC) GRANTING FINAL MAJOR DEVELOPMENT APPROVAL FOR THE PROPERTY LOCATED AT 701 N.THIRD STREET,THE SOUTH HALF OF LOT 7 AND ALL OF LOT 8,BLOCK 100, HALLAM LAKE ADDITION, CITY AND TOWNSITE OF ASPEN, COLORADO RESOLUTION #24, SERIES OF 2013 PARCEL ID: 2735-121-11-005 WHEREAS, the applicant, G. Steve Whipple, 701 North Third Street, LLC, represented by Alan Richman Planning Services, requested HPC Final Major Development approval for the property located at 701 N. Third Street, the south half of Lot 7 and all of Lot 8, Block 100, Hallam Lake Addition, City and Townsite of Aspen; 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.3.b.2 and 3 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, Amy Guthrie, in her staff report to HPC dated August 14, 2013, performed an analysis of the application based on the standards and recommended approval with conditions; and WHEREAS, at their regular meeting on August 14, 2013, the Historic Preservation Commission 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 6 to 0. NOW, THEREFORE, BE IT RESOLVED: That HPC hereby grants Final Major Development approval for the property located at 701 N. Third Street with the following conditions: 1. HPC granted a rear yard setback reduction of 5' through Resolution#9, Series of 2013. 2. All copper (roof, gutters, railing cap) is to be pre-patinaed to match the sample presented at the HPC meeting. 701 N. Third Street HPC Resolution#24, Series of 2013 Page 1 of 3 I The glass railing shall be clear glass. A sample of the glass, and the copper railing cap, must be reviewed and approved by staff and-monitor, prior to submittal for building permit. 4. The applicant shall not negatively affect the health of the lilacs in the right-of-way along Pearl Court during construction. 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 Resolution, 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: 701 N. Third Street, the south half of Lot 7 and all of Lot 8, Block 100, Hallam Lake Addition, City and Townsite of Aspen. 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. 701 N. Third Street HPC Resolution#24, Series of 2013 Page 2 of 3 APPROVED BY THE COMMISSION at its regular meeting on the 14th day of August, 2013. /Ja Maytif, Chair Ap roved as to Form: C Debbie Quinn,Assistant City Attorney ATTEST: 4C-GAG Kathy St ickland, Chief Deputy Clerk 701 N. Third Street HPC Resolution#24, Series of 2013 Page 3 of 3 RECEPTION#: 602709, 09:37:35 AM 0812212013 at 1 OF 3. R $21.00 Doc Code A RESOLUTION OF THE Janice K. Vos Caudill, Pitki�County, co GRANTING FINAL ASPEN HISTORIC P co LOCATED MAJOR DEVELOP RESERVATION CO AT 701 N. THIRD MENT AppROVAL FOR MMISSION(HPC) LOT 8, BLOCK 100 LAKE SET' THE SOUTH R THE PROPERTY ADDITION HALF OF LOT 7 OF COLORADO' CITY AND TOWNSITE OF L ASPEN, RESOLUTION#24, SERIES OF 2013 PARCEL ID: 2735.121-11-005 WHEREAS, the applicant, G. Whipple pple 701 located at 701 Ng Services, requested North Third Street, LLC Third Street, the SOUS PC Final Major Develo represented b Addition, City and TownSt e o f half of Lot 7 pment approval for the Y Alan Aspen; and and all of Lot 8, Block 100 property Hallam Lake shall Section 26.415.070 of the Mu erected, constructed mcipal Code states that designated historic enlarged, altered "no building or structure established fo their review;-Development mProved involving a ang Director and a h e have been submitted and approved in accordance with the procedures WHEREAS, for Final analysis re Major Development Review Y port and the evidence With the City presented at a ' the HPC must review the a and 3 Y of Aspen Historic Preservation Desearing to determine ppl]cation, a staff Of the Municipal rmine the project's conformance disa p Code and other a gn Guidelines per Section 26.415 070 disapprove, approve with conditions or continue the applicable Sections. necessary to make a decision to a The HpC 3.b.2 approve or den pplwation to obtain additional information approve, WHEREAS, AMY Y' and rmation analysis of the a Guthrie, in her staff report and application based on the standards°and P recommended ted August 14, 2013, performed an approval WHEREAS, at the with conditions; ir with meeting °n August 14, 2013 consistent with the review standardsaand ' the Historic Preservation Co memo and public comments, and found the granted approval with conditions b proposal NOW, THEREFORE BE IT RESOLVED: Y a vote of 6 to 0. That HPC hereby ED: Third Street with t following Mayor Develo g conditions: Pment approval for the property located at 701 N 1' HPC granted a rear ?• All co Yard setback reduction of 5' copper (roof, gutters, railing hrough Resolution #9 at the HPC meeting. p) is to be re-patinaed to � Series of 2013. g ca p match the sample presented 701 N. Third Street HPC Resolution #24, Series of 2013 Page ] of 3 3. The glass railing shall be clear glass. A sample of the glass, and the copper railing ca must be reviewed and approved by staff and monitor, prior to submittal for building permit. 4. The applicant shall not negatively affect the health of the lilacs in the right-of-way along Pearl Court during construction. . Y g 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 pen-nits). Zoning that is not part of the approved site-specific development plan shall not result i the creation of a vested property right. n No later than fourteen (14) days following final approval of all requisite reviews necessary to obtain a development order as set forth in this Resolution, 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) pears 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: 701 N. Third Street, the south half of Lot 7 and all of Lot 8, Block 100, Hallam Lake Addition, City and Townsite of Aspen. 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 n approval. ot inconsistent with this The approval granted hereby shall be subject to all rights of referendum review; the period of time permitted by law for the exercise of such rights shall not begin 1 to run until the date of publication of the notice of final development approval as requied 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. 701 N. Third Street HPC Resolution#24, Series of 2013 Page 2 of 3 APPROVED BY THE COMMISSION at its regular meeting on the 14th day of August, 2013. Ja Mayti `, Chair Ap roved as to Form: l Debbie Quinn, Assistant City Attorney ATTEST: 4Kthy 'G(r � LL ����ty'Strickland, C Clerk 701 N. Third Street HPC Resolution#24, Series of 2013 Page 3 of 3