HomeMy WebLinkAboutresolution.hpc.028-2014 A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION
APPROVING FINAL MAJOR DEVELOPMENT AND COMMERCIAL DESIGN
STANDARD REVIEW
RESOLUTION #28, SERIES OF 2014
PARCEL ID: 2737-182-12-004
WHEREAS, the applicant, 610 E. Hyman LLC, has requested Final Major Development and
Commercial Design Review for an expansion to the landmarked property located at 610 E.
Hyman Avenue,Lot M, Block 99, City and Townsite of Aspen; 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 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 Conceptual 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 Commercial, Lodging, and Historic District Objectives and Guidelines per
Section 26.412.040 of the Municipal Code. 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, Amy Simon, in her staff report to HPC dated September 24, 2014, performed an
analysis of the application based on the standards. Staff recommended approval of the project
with conditions; and
WHEREAS, at their regular meeting on September 24, 2014, the Historic Preservation
Commission considered the application during a duly noticed public hearing, the staff memo and
recommendation, and public comments, and found the project to be consistent with the review
criteria by a vote of 5 to 0.
NOW, THEREFORE, BE IT RESOLVED:
That HPC hereby approves Final Major Development and Commercial Design Review with the
following conditions:
RECEPTION#: 614100, 10/01/2014 at
11:51:19 AM,
1 OF 3, R $21.00 Doc Code RESOLUTION 610 E. Hyman Avenue—AspenModern
Janice K. Vos Caudill, Pitkin County, CO HPC Resolution#28, Series of 2012
I. Staff and monitor must review and approve details for the new arched windows and any
proposed exterior lighting prior to building permit.
2. The agreement to share trash and recycling services with 616 E. Hyman must be recorded
within 30 days of this approval.
3. The development approvals granted herein shall constitute a site-specific development plan
and a vested property right attaching to and running with the Subject Property and shall
confer upon the Applicant the right to undertake and complete the site specific development
plan and use of said property under the terms and conditions of the site specific development
plan including any approved amendments thereto. The vesting period of these vested
property rights shall be for five (5) years which shall not begin to run until the date of the
publications required to be made as set forth below. 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 §
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 by the Historic Preservation
Commission, 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 Chapter 26.308, Vested Property Rights. Pursuant to §
26.304.070(A), Development Orders, 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
five (5) 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: 610 E. Hyman Avenue,Lot M, Block 99, City and Townsite of Aspen.
Nothing in this approval shall exempt the Development Order from subsequent reviews and
approvals required by this Ordinance of the general rules, regulations and ordinances or the City
of Aspen provided that such reviews and approvals are not inconsistent with this Ordinance.
The vested rights granted hereby shall be subject to all rights of referendum and judicial review.
The period of time permitted by law to exercise the right of referendum to refer to the electorate
this Section of this Ordinance granting vested rights; or, to seek judicial review of the grant of
vested rights shall not begin to run until the date of publication of the notice of final development
approval as set forth above. The rights of referendum described herein shall be no greater than
those set forth in the Colorado Constitution and the Aspen Home Rule Charter.
610 E. Hyman Avenue—Aspenklodern
HPC Resolution#28, Series of 2012
APPROVED BY THE COMMISSION at its regular meeting on the 24th day of September,
2014.
Jay Ma in, Chair
Approved as to Form:
Debbie Quinn, Assistant City Attorney
ATTEST:
Kathy Strickland, Chief Deputy Clerk
610 E. Hyman Avenue—AspenModern
HPC Resolution#28, Series of 2012