HomeMy WebLinkAboutresolution.hpc.017-2014 RECEPTION#: 611516, 07/01/2014 at
09:09:31 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 (HPC)
APPROVING MINOR DEVELOPMENT AND CONSOLIDATED COMMERCIAL
DESIGN STANDARD REVIEW FOR 400 EAST HYMAN AVENUE, TOM THUMB
CONDOMINIUMS, SPECIFICALLY UNITS B-101, B-201, B-202 AND B-301, BLOCK
88, CITY AND TOWNSITE OF ASPEN, COLORADO
RESOLUTION# 17, SERIES OF 2014
PARCEL ID: 2737-073-43-009 through -012,
WHEREAS, the applicant, Ken Sack of 400 Hyman LLC, represented by Louis Loria of
Atmosphere Design Group, has requested Minor Development and Consolidated Commercial
Design Review approval for 400 East Hyman Avenue, Tom Thumb Condominiums, Units B-
101, B-201, B-202 and B-301, Block 88, City and Townsite of Aspen; and
WHEREAS, the property is located within the Commercial Core Historic District and is
considered a non-contributing building; 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 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 26.415.070.0 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 Consolidated 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, Jonathan Hayden, in his staff report dated June 25, 2014, performed an analysis of
the application based on the standards, found that the review standards, the Commercial, Lodging
and Historic District Design Objectives and Guidelines, and the City of Aspen Historic
Preservation Design Guidelines are met with conditions; and
HPC Resolution No. 17, Series of 2014
400 East Hyman Ave. (Tom Thumb Building)
Page 1 of 3
WHEREAS, during a duly noticed public hearing on June 25, 2014, the Historic Preservation
Commission considered the application, found the application was consistent with the applicable
review standards and approved the application by a vote of 3-1, with conditions.
NOW, THEREFORE, BE IT RESOLVED:
That HPC hereby approves Consolidated Commercial Design Review and Minor Development
for the property located at 400 E. Hyman Avenue, Tom Thumb Building, Condominium,
specifically Units B-101, B-201, B-202 and B-301, City and Townsite of Aspen, County of
Pitkin, State of Colorado, with the following conditions:
APPROVED BY THE COMMISSION at its regular meeting on the 25th day of June, 2014.
1. There shall be no deviations from the exterior elevations as approved without first being
reviewed and approved by HPC staff and monitor, or the full board.
2. 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: 400 East 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.
HPC Resolution No. 17, Series of 2014
400 East Hyman Ave. (Tom Thumb Building)
Page 2 of 3
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.
(� Qx�
Willis ember, Vice Chair
Approved as to Form:
Debbie Quinn, Assistant City Attorney
ATTEST:
Kathy Strickland, Chief Deputy Clerk
HPC Resolution No. 17, Series of 2014
400 East Hyman Ave. (Tom Thumb Building)
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