HomeMy WebLinkAboutFile Documents.419 E Hyman Ave.0081.2018 (7).ACBK
A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC) APPROVING
MINOR DEVELOPMENT FOR 419 E. HYMAN AVENUE, PARAGON BUILDING CONDOS, UNIT 2,
CITY AND TOWNSITE OF ASPEN, COLORADO
RESOLUTION #17, SERIES OF 2018
PARCEL ID: 2737-182-16-042
WHEREAS, the applicant, 419 East Hyman Avenue, LLC, represented by BendonAdams,
LLC and Chase Bank, requested Minor Development approval for 419 E. Hyman Avenue,
Paragon Building Condos, Unit 2, City and Townsite of Aspen. The property is a designated
landmark; 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 Minor Development, 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 design guidelines per Section 26.415.070.C.3.b 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 Simon, City of Aspen Historic Preservation Officer, in her staff report
dated November 14, 2018, performed an analysis of the application and recommended denial;
and
WHEREAS, during a duly noticed public hearing on November 14, 2018, the Historic
Preservation Commission considered the application, found the application was consistent
with the applicable review standards and guidelines and approved the application with
conditions by a vote of 6 to 1.
NOW, THEREFORE, BE IT RESOLVED:
That HPC approves Minor Development for the property located at 419 E. Hyman Avenue,
Paragon Building Condos, Unit 2, City and Townsite of Aspen, allowing a security card reader to
be installed on the exterior of the unit as depicted in the land use application, with conditions.
Section 1:
The conditions of approval are:
1. The wire for the new card reader is to pass through hole(s) already drilled in the face of the
window for the existing ADA button. The card reader is to be installed with an adhesive that
will not permanently damage the window.
2. The existing door bumper mounted on the kickplate below the ADA button is to be removed.
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 Community Development Department or Historic
Preservation Commission, are hereby incorporated in such 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:
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.
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 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 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 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: 419 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
26.304.070(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 14th day of November, 2018.
Approved as to form: Approved as to content:
______________________________________________________________
_____________________________________________
Andrea Bryan, Assistant City Attorney Gretchen Greenwood, Chair
Attest:
_________________________________ _____________________
Nicole Henning, Deputy City Clerk