HomeMy WebLinkAboutresolution.council.107-13 RESOLUTION NO. 107
(Series of 2013)
A RESOLUTION OF THE ASPEN CITY COUNCIL APPROVING A ONE YEAR
EXTENSION OF THE VESTED RIGHTS GRANTED BY HPC RESOLUTION#33,
SERIES OF 2004,FOR 110 E.BLEEKER,LOTS L AND M,BLOCK 65,CITY AND
TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO.
Parcel No. 2735-124-37-006
WHEREAS, the Community Development Department received an application from
Lexie Brockway Potamkin, represented by Herb Klein, of Klein, Cote and Edwards,
requesting approval of a three (3) year extension of the vested rights for 110 E. Bleeker,
pursuant to HPC Resolution#33, Series of 2004; and,
WHEREAS, City Council has previously extended vested rights for this project
twice, through Council Resolution #95, Series of 2007 and Council Resolution #15,
Series of 2011; and,
WHEREAS, pursuant to Section 26.308.010 Vested Property Rights of the Land
Use Code, City Council may grant an 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 recommended denial of a three (3) year extension of vested rights; and,
WHEREAS, the Aspen City Council has reviewed and considered the requested
extension of vested rights 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 or exceeds all applicable land use standards and that the approval of the extension of
vested rights proposal meets regulatory requirements; 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 one (1) year extension of vested rights
pursuant to HPC Resolution #33, Series of 2004, to December 9, 2014, for 110 E.
Bleeker, Lots K and L, Block 65, City and Townsite of Aspen, Colorado.
Resolution#107, Series of 2013
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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 2nd day of December,
2013, at 5:00 PM in the City Council Chambers,Aspen City Hall, Aspen, Colorado.
FINALLY, adopted, passed, and approved by a 3 to 2 vote on this 2nd day of December,
2013.
Approved as to form: Approved is to content:
f %
James R. True, City Attorney Steven Skadr n,Mayor
Attest:
athryn S. K ,City elerk
Resolution#107, Series of 2013
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