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HomeMy WebLinkAboutresolution.hpc.03.2025111111111111111111111111111111111111111111111111111111111111111111111111111 RECEPTION#: 709921, R: $23.00, D: $0.00 DOC CODE: RESOLUTION Pg 1 of 3, 06/12/2025 at 12:31:44 PM Ingrid K. Grueter, Pitkin County, CO RESOLUTION #03, (SERIES OF 2025) A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC) APPROVING A CERTIFICATE OF APPROPRIATENESS FOR MINOR DEVELOPMENT FOR THE PROPERTY LOCATED AT 232 WEST MAIN STREET, LEGALLY DESCRIBED AS CHRISTMAS INN PUD, ACCORDING THE PLAT THEREOF RECORDED SEPTEMBER 27, 20029 IN BOOK 62 AT PAGE 54, PITKIN COUNTY, COLORADO PARCEL ID: 273 5-124-40-007 WHEREAS, the applicant, Seven Seas Investment, LLC, represented by Grant Bankston of Charles Cunniffe Architects, has requested HPC approval for for a Certificate of Appropriateness for Minor Development to install Aged Cedar DaVinci Select Shake, or EcoStar Traditional Shake in either the Seasoned Wood or Vintage Wood blend at the property located 232 West Main Street, Christmas Inn PUD, According to the Plat Thereof Recorded September 27, 2002 in Book 62 at Page 54, 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 proj ect'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 the City of Aspen Commercial, Lodging, and Historic District Design Standards and Guidelines, and, finding it inconsistent with Standard 1.23 and Guidelines 1.24, 3.12-3.14, and 8.5, recommended denial of the submitted development application; and WHEREAS, at a duly noticed public meeting on May, 14 2025, the HPC reviewed the project, including the application, staff memo and public comments, and voted 5 to 0 in support of a motion to approve the application for a Certificate of Appropriateness for Minor Development at 232 West Main Steet, Christmas Inn PUD, According to the Plat Thereof Recorded September 27, 2002 in Book 62 at Page 54, Pitkin County, Colorado; •'•1'• 1 1.1 1' "id '1 MA DI1 HPC Resolution #02, Series of 2025 Page 1 of 3 Section 1: 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 2: 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 3: 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 4: 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: 232 West 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. HPC Resolution #02, Series of 2025 Page 2 of 3 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 14th day of May 2025. Appr ved as to Form: q L ' a Berne, ssistan ity Attorney ATTEST. - Mike Sear, Deputy City Clerk Approved as to Content: a0� K ra thompson, HPC Chair HPC Resolution #02, Series of 2025 Page 3 of 3