HomeMy WebLinkAboutresolution.hpc.024-2020RECEPTION#: 671184, R: $23.00, D: $0.00
DOC CODE: RESOLUTION
Pg 1 of 3, 12/04/2020 at 11:12:16 AM
Janice K. Vos Caudill, Pitkin County, CO
RESOLUTION #24, SERIES OF 2020
A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC)
GRANTING FINAL MAJOR DEVELOPMENT APPROVAL FOR THE PROPERTY
LOCATED AT 500 WEST MAIN STREET, LOT R, MESA SUBDIVISION, CITY AND
TOWNSITE OF ASPEN, COLORADO
PARCEL ID: 2735-124-43-008
WHEREAS, the applicant, 500 West Main Street LLC, represented by Rowland+Broughton,
has requested HPC approval for Final Major Development review for the property located at 500
West Main Street, Lot R, Mesa Subdivision, City and Townsite of Aspen, Colorado; 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.4 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, Community Development Department staff reviewed the application for
compliance with applicable review standards and recommended approval with conditions; and
WHEREAS, HPC reviewed the project on November 18, 2020. HPC 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 approves Final Major Development for the property located at 500 West Main
Street, Lot R, Mesa Subdivision, City and Townsite of Aspen, Colorado as follows.
Section 1•
The approval is subject to these conditions:
1. The stone proposed for.the front porch deck must be identified and reviewed by staff and
monitor prior to building permit submittal. A wood deck or a masonry related to the palette
of the Main Street Historic District is preferred.
2. The applicant must propose an alternative lighting design for the upper floor decks, to be
reviewed and approved by staff and monitor, as the proposed linear lights are not permitted
by the lighting code.
HPC Resolution #24, Series of 2020
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3. 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: 500 W. Main Street.
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.
4. As part of the building permit submittal, the applicant is to provide a plan for preservation of
the lilacs on the west property line throughout the project construction, for review and
approval by staff and monitor.
Section 2: Material Representations
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, the Historic Preservation
Commission, or the Aspen 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
other specific conditions or an authorized authority.
HPC Resolution #24, Series of 2020
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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: Severability
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.
APPROVED BY THE COMMISSION at a special meeting on the 18a' day of November,
2020.
Approved as to Form:
Katharine JOP1011,
Assistant City Attorney
EST:
Wes 6rabam, Deputy City Clerk
Approved as to Content:
Qjren Greenw Chair
HPC Resolution #24, Series of 2020
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