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DOC CODE: RESOLUTION
Pg 1 of 3, 02/23/2023 at 03:44:21 PM
Ingrid K. Grueter, Pitkin County, CO
RESOLUTION # 3, SERIES OF 2023
A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC)
GRANTING FINAL MAJOR DEVELOPMENT APPROVAL FOR THE PROPERTY
LOCATED AT 1020 E. COOPER AVENUE, LEGALLY DESCRIBED AS THE EAST
13.79' OF LOT O AND ALL OF LOT P, BLOCK 34, EAST ASPEN ADDITION TO THE
CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO.
PARCEL ID: 2737-182-32-006
WHEREAS, the applicant, 1020 Cooper LLC, represented by BendonAdams, has
requested HPC approval for Final Major Development for the property located at 1020 E. Cooper
Avenue; 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.D.4 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, Community Development Department staff reviewed the application for
compliance with review standards and recommended approval with conditions; and
WHEREAS, on February 1, 2023, HPC considered the application, the staff memo and
public comment and found the proposal consistent with the review standards, and granted approval
with conditions by a vote of three to zero (3-0).
NOW, THEREFORE, BE IT RESOLVED:
That HPC hereby approves Final Major Development for 1020 E. Cooper Avenue, as follows:
Section 1
1. As stated in the Conceptual HPC Resolution #15, Series of 2021, the applicant shall
provide financial assurance of $30,000 for the relocation of the historic house until the
subgrade construction is complete. The financial security is to be provided with the
building permit application along with a relocation plan detailing how the relocation will
proceed, and demonstrating the contractor's qualifications to perform the work.
2. As stated in the Conceptual HPC Resolution #15, Series of 2021, for the purposes of this
project, minimal changes of a technical nature related to Floor Area may be approved at
building permit.
HPC Resolution # X, Series of 2023
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3. All conditions of the Conceptual HPC Resolution #15, Series of 2021, Sections 2 and 3,
related to Growth Management and Parking, remain in effect.
4. A site visit by staff, and confirmation that the fenestration plan is as accurate as possible
for the historic resource is required before submittal of building permit.
5. Cut sheets of the proposed door and windows on the historic resource must be provided for
review and approval by staff prior to submittal for building permit.
6. Regarding the porch posts on the front of the historic resource, the applicant is to study
other Aspen Victorian structures to model an example of a particularly simple original
porch post design, to replicate a size and turning detail that was used here. A shop drawing
must be submitted for review and approval by staff and monitor prior to submittal for
building permit.
7. The roof on the historic resource is to be a fire -rated cut wood cedar shingle of a uniform
length and coursing, or an alternative to be approved by staff and monitor. Any snow
retention on the historic building proper must be snow clips rather than bars, to minimize
visual impact.
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.
HPC Resolution # X, Series of 2023
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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: 1020 E. Cooper 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.
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 1st day of February, 2023.
Approved as to Form:
Katharine Jo , Assistant City Attorney
ATTEST:
Deputy City
Approved as to Content:
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HPC Resolution # X, Series of 2023
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