Loading...
HomeMy WebLinkAboutresolution.hpc.002.2023RECEPTION#: 693301, R: $23.00, D: $0.00 DOC CODE: RESOLUTION Pg 1 of 3, 02/23/2023 at 03:44:20 PM Ingrid K. Grueter, Pitkin County, CO RESOLUTION #2, SERIES OF 2023 A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC) GRANTING MINOR DEVELOPMENT REVIEW AND COMMERCIAL DESIGN REVIEW FOR THE PROPERTY LOCATED AT 602 E. HYMAN AVENUE, UNIT 201 PLUS GCE AND LCE AREAS OF THE PROPERTY LEGALLY DESCRIBED AS 602 EAST HYMAN AVENUE CONDOMINIUMS, CITY AND TOWNSITE OF ASPEN, COLORADO PARCEL ID: # 2737-182-12-056, 2737-182-12-058 and 2737-182-12-804 WHEREAS, the applicant, PDR Aspen, LLC, represented by Rybak Architecture and Development, has requested HPC approval for Minor Development and Commercial Design Review for the property located at 602 E. Hyman Avenue, 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 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 approval of Commercial Design Review, the application shall meet the requirements of Aspen Municipal Code Section 26.412, Commercial Design Review; and WHEREAS, Community Development Department staff reviewed the application for compliance with review standards and recommended approval with conditions, with the exception of a fenestration change; and WHEREAS, HPC reviewed the project on January 25, 2023, considered the application, the staff memo and public comment, and found the proposal consistent with the review standards and granted approval, with the exception of the fenestration change, by a vote of 4-0. NOW, THEREFORE, BE IT RESOLVED: That HPC hereby approves Minor Development and Commercial Design Review for 602 E. Hyman Avenue as follows: Section 1: Minor Development and Commercial Design Review. HPC hereby approves Minor Development and Commercial Design Review for the project represented in the application, with the exception that enlarging the door on the second story is HPC Resolution #2, Series of 2023 Page 1 of 3 not approved, but a new pocketed door system or different number of panels within the existing opening is approved. Regarding the proposed screen wall for the utility meters, the meters are approved to be painted to match the white CMU wall as a first step. If further improvement is desired, the architect may propose an additional screening solution which is less impactful than the original concept, for review and approval by staff and monitor. This may include vegetation or a screen that is painted to match the white CMU. Section 2: Material Renresent_ations 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 HPC Resolution #2, Series of 2023 Page 2 of 3 Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: 602 E. Hyman Avenue, Aspen, CO, 81611. 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 25th day of January, 2023. Approved as to Form: Approved as to Content: atharine Jo n, Assistant City Attorney ATTEST: , Deputy City Clerk IC a hompson, r HPC Resolution #2, Series of 2023 Page 3 of 3