HomeMy WebLinkAboutresolution.hpc.017A.2022II
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Ingrid K. Grueter, Pitkin County, CO RESOLUTION #17, SERIES OF 2022
A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC)
GRANTING MINOR DEVELOPMENT REVIEW AND COMMERCIAL DESIGN
REVIEW FOR THE PROPERTY LOCATED AT 413 E. MAIN STREET, LOTS A, B, C,
AND D, BLOCK 87, CITY AND TOWNSITE OF ASPEN, COLORADO
to PARCEL ID: 2737-073-30-002
14) WHEREAS, the applicant, Jing Aspen, Kate Lu, represented by Kuullastudio, Gavin Merlino,
has requested HPC approval for Minor Development and Commercial Design Review to
construct a porch over the outdoor dining area at 413 E. Main Street, Lots A, B, C, and D, Block
87, City and Townsite of Aspen, Colorado; and
WHEREAS, Section 26.415.070 of the Municipal Code states that "no building or structure
o 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
0C 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,
a) approve with conditions or continue the application to obtain additional information necessary to
C- make a decision to approve or deny; and
WHEREAS, for approval of Commercial Design Review, the application shall meet the
requirements of Aspen Municipal Code Section 26.412, Commercial Design Review; and
O
WHEREAS, Community Development Department staff reviewed the application for
�C compliance with applicable review standards and recommended approval with conditions; and
j WHEREAS, HPC reviewed the project on November 16, 2022. HPC considered the
application, the staff memo and public comment, and found the proposal consistent with the
J
review standards and granted approval with conditions by a vote of 5-0.
e)
L, NOW, THEREFORE, BE IT RESOLVED:
That HPC hereby approves Minor Development and Commercial Design Review for a porch over
outdoor dining at 413 E. Main Street, Lots A, B, C, and D, Block 87, City and Townsite of Aspen, CO
as follows:
Section 1: Minor Development and Commercial Design Review.
HPC hereby approves Minor Development and Commercial Design Review for the reduced
porch size represented at the meeting.
Illlllllllllllllllllll IIIIIIIIIIIflllllllllllll�lllllllllllllllllllllllllll HPC Resolution #17, Series of 2022
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Ingrid K. Grueter, Pitkin County, CO
In addition, the applicant must be aware that City Engineering Standard 4.5.2 requires an 8'
sidewalk width. No planters or other features may be placed in the right-of-way along the front
edge of the approved porch unless a minimum 8' width walkway from the tree grates to the
planters is maintained.
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.
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.
Section 5: Vested Rights
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: 413 E. Main Street.
HPC Resolution #17, Series of 2022
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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 16th day of November,
2022.
Approved as to Form:
t
Katharine Jo on, Assistant City Attorney
ATTEST:
Mike e , eputy City Clerk
Approved as to Content:
ompson, Chair ar
HPC Resolution #17, Series of 2022
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