HomeMy WebLinkAboutresolution.hpc.004.2023RESOLUTION #4, SERIES OF 2023
A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC)
GRANTING MINOR DEVELOPMENT REVIEW FOR THE PROPERTY LOCATED
AT 333 W. MAIN STREET, HERRON CONDOMINIMS, CITY AND TOWNSITE OF
ASPEN, COLORADO
PARCEL ID: 2735-124-52-801
WHEREAS, the applicant, IIerron Condominium Association, represented by Reid Architects,
has requested HPC approval for Minor Development for the property located at 333 W. Main
Street, Herron Condominiums, 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, Community Development Department staff reviewed the application for
compliance with applicable review standards and recommended approval as proposed; and
WHEREAS, HPC reviewed the project on February 22, 2023. HPC considered the application,
the staff memo and public comment, and found the proposal consistent with the review standards
and granted approval as proposed by a vote of 5 to 0.
NOW, THEREFORE, BE IT RESOLVED:
That HPC hereby approves Minor Development for 333 W. Main Street to add a supplemental
handrail at the mid -span of the historic front entry steps, as proposed in the application. HPC also
approves in -kind repair of the existing stair treads and risers, which were rebuilt in the past, and
installation of a simply detailed solid wood surface on the stair sides, below the stringers.
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.
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RECEPTION#: 693805, R: $23.00, D: $0.00
DOC CODE: RESOLUTION
Pg 1 of 3, 03/22/2023 at 09:05:09 AM
Ingrid K. Grueter, Pitkin County, CO
HPC Resolution #4, Series of 2023
Page 1 of 3
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: 333 W. Main Street.
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.
HPC Resolution #4, Series of 2023
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APPROVED BY THE COMMISSION at its regular meeting on the 22°a day of February,
2023,
Approved as to Form:
Katharine Johnspry, Assistant City Attorney
ATTEST:
AMikear, puty City Clerk
Approved as to Content:
X,
,?uw -
ara Thompson, Chair
HPC Resolution #4, Series of 2023
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