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HomeMy WebLinkAboutExhibit D HPC Draft Resolution15-2020.110 Neale AveHPC Resolution 15, Series of 2020 Page 1 of 2 RESOLUTION #15, SERIES OF 2020 A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC) GRANTING CONCEPTUAL MAJOR DEVELOPMENT REVIEW FOR THE PROPERTY LOCATED AT 110 NEALE AVENUE, LOT 2 AS SHOWN ON THE SUBDIVISION EXEMPTION PLAT OF 114 NEALE/17 QUEEN HISTORIC LOT SPLIT, ACCORDING TO THE PLAT THEREOF RECORDED MAY 29, 1998 IN PLAT BOOK 45 AT PAGE 17, CITY AND TOWNSITE OF ASPEN, COLORADO PARCEL ID: 2737-073-83-002 WHEREAS, the applicant, 17 Queen LLC, represented by Forum Phi Architecture, LLC, has requested HPC approval for Conceptual Major Development for the property located at 110 Neale Avenue, Lot 2 as shown on the Subdivision Exemption Plat of 114 Neale/17 Queen Historic Lot Split, City and Townsite of Aspen, Colorado. The project has received administrative approval of compliance with the Residential Design Standards; 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 Conceptual 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.3.b.2 and 3 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 with conditions; and WHEREAS, HPC reviewed the project on June 24th, 2020 and July 22nd, 2020. 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 5 - 0. NOW, THEREFORE, BE IT RESOLVED: That HPC hereby approves Conceptual Major Development for 110 Neale Avenue, Lot 2, as shown on the Subdivision Exemption Plat of 114 Neale/17 Queen Historic Lot Split, City and Townsite of Aspen, CO as follows: Section 1: Conceptual Major Development Review HPC hereby approves Conceptual Major Development as proposed with the following conditions: 1.) Continue to work with all relevant City Departments including Engineering, Parks, and Zoning to ensure all requirements are met, including but not limited to the proposed right-of-way configuration. HPC Resolution 15, Series of 2020 Page 2 of 2 2.) A development application for a Final Development Plan shall be submitted within one (1) year of the date of approval of a Conceptual Development Plan. Failure to file such an application within this time period shall render null and void the approval of the Conceptual Development Plan. The Historic Preservation Commission may, at its sole discretion and for good cause shown, grant a one-time extension of the expiration date for a Conceptual Development Plan approval for up to six (6) months provided a written request for extension is received no less than thirty (30) days prior to the expiration date. 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. APPROVED BY THE COMMISSION at its regular meeting on the 22nd day of July, 2020. Approved as to Form: Approved as to Content: ______________________________ ______________________________ Andrea Bryan, Assistant City Attorney Gretchen Greenwood, Chair ATTEST: ______________________________ Wes Graham, Deputy City Clerk