HomeMy WebLinkAboutresolution.hpc.014.2023RECEPTION#: 699019, R: $23000, D: $0.00
DOC CODE: RESOLUTION
Pg 1 of 3, 12/01/2023 at 02:05049 PM
Ingrid K. Grueter, Pitkin County, CO
RESOLUTION #14,
(SERIES OF 2023)
A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC)
GRANTING MINOR DEVELOPMENT AND RECOMMENDING IN FAVOR OF THE
ESTABLISHMENT OF TRANSFERRABLE DEVELOPMENT RIGHTS (TDRs) FOR
THE PROPERTY LOCATED AT 216 WEST HYMAN AVENUE, LEGALLY
DESCRIBED AS LOTS O AND P, BLOCK 53, CITY AND TOWNSITE OF ASPEN,
PITKIN COUNTY, COLORADO
PARCEL ID: 2735-124-63-006
WHEREAS, the applicant, Ann Mullins, represented by BendonAdams, has requested HPC
approval for Minor Development and recommendation by HPC for the establishment of TDRs
for the property located at 216 West Hyman Avenue, Lots O and P, Block 53, City and Townsite
of Aspen, Pitkin County, 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 approval of Minor Development Review, the HPC must review the application,
a staff analysis report and the evidence presented at a hearing to determine the projects
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 the approval of TDRs, HPC makes a recommendation. to City Council based on
the requirements of Municipal Code Section 26.535.070; and
WHEREAS, as a historic landmark, the site is exempt from Residential Design Standards
review; and.
WHEREAS, Community Development Department staff reviewed. the application for
compliance with the applicable review standards and recommended approval with conditions for
Minor Development and recommended in favor of providing Council with a recommendation to
approve the establishment of two (2) TDRs; and
WHEREAS, HPC reviewed. the project on November 8, 2023. HPC considered the application,
the staff memo and public comments, and found the proposal consistent with the review
standards and granted approval with conditions by a vote of 5 to 0.
OW, THEREFORE, BE IT RESOLVED: N
HPC Resolution #14, Series of 2023
Page 1 of 3
That HPC hereby approves with conditions Minor Development and recommends City Council
approve the establishment of two (2) TDRs for 216 West Hyman Avenue, Lots O and P, Block
53, City and Townsite of Aspen, Pitkin County, Colorado as follows:
Section 1: Minor Development Review and Transferable Development Rights.
Pursuant to the findings set forth above, the HPC does hereby approve Minor Development and
recommends City Council approve the establishment of up to two (2) TDRs at the property
owner's discretion as proposed with the following conditions.
1. For staff and HPC monitor review prior to applying for a building permit, submit a
proposal that minimizes the skylight's physical and visual intrusion on the historic
resource.
2. If investigation determines that the roof material is historic, details will. be reviewed by
staff and monitor.
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 asite-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 # 14, 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 asite-specific development plan,
and the creation of a vested property right, valid for a period of three (3) years, pursuant to the
.and Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes,
pertaining to the following described property: 216 West Hyman 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 WITH CONDITIONS BY THE COMMISSION at its regular meeting on the
8f" day of November 2023.
Approved as to Form:
e Jo
ATTEST:
Mike Sew
Assistant City Attorney
City Clerk
Approved as to
Roger Moyer, Actin�Ch?�irperson
HPC Resolution #14, Series of 2023
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