HomeMy WebLinkAboutresolution.hpc.016-2014 RECEPTION#: 611204, 06/18/2014 at
01:04:27 PM,
1 OF 3, R $21.00 Doc Code RESOLUTION
Janice K. Vos Caudill, Pitkin County, CO
A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC)
GRANTING MAJOR DEVELOPMENT (FINAL) AND COMMERCIAL DESIGN
(FINAL) APPROVAL FOR THE PROPERTY LOCATED AT 420 EAST HYMAN
AVENUE, CITY AND TOWNSITE OF ASPEN, COLORADO
RESOLUTION #16, SERIES OF 2014
PARCEL ID: 2737-073-39-020 thru -027;
and 2737-073-39-801
WHEREAS, the applicant, John Martin, represented by Charles Cunniffe Architects, has
requested Major Development (Final) and Commercial Design (Final) for the property located at
420 East Hyman Avenue, Lot O, Block 88, aka Duvike Condominiums, 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.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, for Final Commercial Design 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 Commercial, Lodging and Historic District Design Objectives and
Guidelines per Section 26.412.040.A.2, Commercial Design Standards Review Procedure, 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, City Council adopted Ordinance #27, Series of 2013 granting Subdivision
approval; and
WHEREAS, the Planning and Zoning Commission adopted Resolution 413, Series of 2013
granting Growth Management allotments for one (1) Free-Market Residential Growth
Management Allotment, three (3) Affordable Housing Growth Management Allotment, and 786 sq.
ft. Commercial Growth Management Allotments; and
420 E. Hyman Avenue
HPC Resolution #16, Series of 2014
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WHEREAS, Sara Adams, in her staff report to HPC dated May 28, 2014, performed an analysis
of the application based on the standards, found that the review standards are met and
recommended approval; and
WHEREAS, at their regular meeting on May 28, 2014, continued from March 26, 2014, the
Historic Preservation Commission considered the application during a duly noticed public
hearing the staff memo and public comments, and found the proposal consistent with the review
standards and recommended approval with conditions by a vote of 4 to 1.
NOW, THEREFORE, BE IT RESOLVED:
That HPC hereby grants HPC Major Development (Final) and Commercial Design (Final) for
the property located at 420 East Hyman Avenue, Lot O, Block 88, aka Duvike Condominiums,
City and Townsite of Aspen, Colorado with the following conditions:
1. The glass railing shall be a low iron glass to minimize a green appearance to the glass.
2. Staff and monitor shall review and approve the brick coloring onsite. Applicant shall
provide a brick material mock up onsite.
3. This project is subject to the approvals granted in City Council Ordinance #27, Series of
2013, Planning and Zoning Commission Resolution #13, Series of 2013, and HPC
Conceptual Resolution #17, Series of 2012 and HPC Conceptual call up Resolution #28,
Series of 2012.
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: 420 East Hyman Avenue,
Lot O, Block 88, City of Aspen, Colorado.
420 E. Hyman Avenue
HPC Resolution#16, Series of 2014
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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 28`h day of May, 2014.
Play Maytin, Chair
Approved as to Form:
City Attorney
ATTEST:
Kathy Strickland, Chief Deputy Cler
420 E. Hyman Avenue
HPC Resolution #16, Series of 2014
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