HomeMy WebLinkAboutresolution.hpc.001.2023RESOLUTION #1, SERIES OF 2023
A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC),
RECOMMENDING IN FAVOR OF THE ESTABLISHMENT OF TRANSFERABLE
DEVELOPMENT RIGHTS FOR THE PROPERTY LOCATED AT 216 W. HYMAN
AVENUE, LOTS O AND P, BLOCK 53, CITY AND TOWNSITE OF ASPEN,
COLORADO
PARCEL ID: 2735-124-63-006
WHEREAS, the Community Development Department received an application from Ann
Mullins, represented by BendonAdams, requesting establishment of Transferable Development
Rights (TDR) for the property located at 216 W. Hyman Avenue, Lots O and P, Block 53, City
and Townsite of Aspen; and
WHEREAS, for the approval of TDRs, HPC makes a recommendation to City Council based on
the requirements of Municipal Code Section 26.535.070; and
WHEREAS, the Community Development Department reviewed the proposed application for
compliance with the applicable review standards and recommended in favor of the establishment
of Transferable Development Rights (TDRs); and
WHEREAS, HPC reviewed the project on January 11, 2023. HPC considered the application,
the staff memo and found the proposal consistent with the review standards and recommended in
favor by a vote of 6 to 0.
NOW, THEREFORE, BE IT RESOLVED:
That HPC hereby recommends in favor of City Council approving Transferable Development
Rights (TDRs) for the subject property as follows:
Section 1: Transferable Development Rights
Pursuant to the findings set forth above, the Historic Preservation Commission (HPC) does
hereby recommend the establishment of up to two (2) TDRs, at the property owner's discretion.
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 bcforc 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any action or proceeding now pending under or by virtue of the ordinances repealed or amended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.
I IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII II I III IIIII IIIII IIIII IIII IIIII IIII
RECEPTION#: 693259, R: $18.00, D: $0.00
DOC CODE: RESOLUTION
Pg 1 of 2, 02/22/2023 at 01:10:35 PM
Ingrid K. Grueter, Pitkin County, CO
HPC Resolution #1, Series of 2023
Page 1 of 2
Section 4: SeverabiUty
If any scction, 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 its regular meeting on the 1 Ith day of January, 2023.
Approved as to Form:
James R. True, City Attorney
ATTEST:
Mi ear, De-puty-CiVCferk
Approved as to Content:
HPC Resolution #1, Series of 2023
Page 2 of 2