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DOC CODE: RESOLUTION
Pg 1 of 3, 08/08/2024 at 12*02*04 PM
Ingrid K. Grueter, Pitkin County, CO
RESOLUTION #085
(SERIES OF 2024)
A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC)
GRANTING SUBSTANTIAL AMENDMENT REVIEW FOR THE PROPERTY
LOCATED AT 420 EAST COOPER AVENUE, LOTS N, O AND THE WESTERLY 9.44
FEET OF LOT P, BLOCK 89, CITY AND TOWNSHIP OF ASPEN, PITKIN COUNTY,
PARCEL ID: 2737-182-16-301
WHEREAS, the applicant, 414 422 East Cooper Avenue, LLC, represented by BendonAdams,
LLC, has requested HPC approval for a Substantial Amendment for the property located at 420
East Cooper Avenue, Lots N, O and the westerly 9.44 feet of Lot P, Block 89, City and Township 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 Substantial Amendment, 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(e)(2) 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, 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 design guidelines, and recommended approval of the
Substantial Amendment with conditions; and
WHEREAS, during a duly noticed public hearing on July 24, 2024, the HPC reviewed and
considered the application, staff memo, and public comments, and found the application consistent
with the applicable review standards, and approved the application with conditions by a vote of 7
to 0.
NOW, THEREFORE, BE IT RESOLVED:
That HPC hereby approves with conditions the Substantial Amendment for the property located at
0 East Cooper Avenue, Lots N, O and the westerly 9.44 feet of Lot P, Block 89, Ci 42ty and
Township of Aspen, Pitkin County, Colorado; as follows.
Section 1: Substantial Amendment.
HPC Resolution #08, Series of 2024
Page 1 of 3
HVC hereby approves the Substantial Amendment as proposed with the following conditions.
1. Historic brick shall not be replaced unless irreparably damaged.
2. Installation of the heretofore partially installed new roof joists is to be completed in
accordance with the process herein approved for the north end of the east wall and the
south end of the west wall using similar brick salvaged from elsewhere on the historic
resource.
3. All new brick shall be submitted to the project monitoring committee for review.
4. The disassembly, storage, and reassembly of all historic brick shall follow methods that
minimize damage and displacement as advised by Atkinson -Noland & Associates.
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.
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.
HPC Resolution #08, Series of 2024
Page 2 of 3
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: 420 East 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 24th day of July, 2024.
Annr�oved as to Form:
istant City Attorney
ATTEST:
ikefSear, Deputy City Clerk
Approved as to Content:
HPC Resolution #08, Series of 2024
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