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HomeMy WebLinkAboutExhibitD HPC Resolution 10-2022HPC Resolution #10, Series of 202 2 Page 1 of 3 RESOLUTION #10, SERIES OF 20 22 A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC) GRANTING MINOR DEVELOPMENT REVIEW AND COMMERCIAL DESIGN REVIEW FOR THE PRO PERTY LOCATED AT 204 SOUTH GALENA STREET, LOTS A, B, AND C, BLOCK 9 4, CITY AND TOWNSI TE OF ASPEN, COLORADO PARCEL ID: 2 737 -073-40-0 01 WHEREAS, the applicant, GUCCI America , Michelle Carrieri, represented by CallisonRTKL, Cheuk Choi, has requested HPC approval for Minor Development and Commercial Design Review for the property located at 204 S. Galena Street, Lots A, B, and C, Block 94, 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 submi tted to the Community Development Directo r 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 determ ine the project’s conformance with the City of Aspen Historic Preservation Design Guidelines per Section 26.415.070.C of t he 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 approval of Commercial Design Review, the applica tion shall meet the requ irements of Aspen Municipal Code Section 26.412, Commercial Design Review; and WHEREAS, Community Development Department staff reviewed the application for compliance with applicable review standa rds and recommends continuation for restudy ; and WHEREAS, HPC reviewed th e project on June 8, 2022. HPC considered the application, th e staff memo and public comment, and found the proposal consistent with t he review standards and granted approval with conditions by a vote of 6 -0 . NOW, THEREFORE, BE IT RESOLVED: That HPC hereby a pproves Minor Development and Commercial Design Review for 204 S. Galena Street, Lots A, B, and C, Block 94, City and Townsite of Aspen, CO as follo ws: Section 1 : Minor Development and Commercial Design Review. HPC hereby approves Minor Development and Comme rcial Design Re view for the exterior changes as proposed in the application with the following conditions of approval: 1. Provide details of non-slip material for staff & monitor review and approval. 2. Provide cut sheets to code compliant doors for staff & monitor review and approval. HPC Resolution #10, Series of 202 2 Page 2 of 3 3. Work with the Parks Department regarding any impacts to surrounding trees. 4. Exterior cladding material to be reviewed and approved 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 docume ntation prese nted before the Community Develo p m ent Department, th e Historic Pres ervation Co mmission , or the Aspen City Council are hereby incorporated in such pla n development approvals and the same shall be complied with as if fully set forth herein, unless amended by other specific conditions or an au tho rized authority. Section 3: Ex isting Litigation Th is Resolution shall not affect an y existing litiga tion a nd sh all not operate as a n abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein p rovid ed, and the same shall be co nducted and concluded under such prior ord inanc es. Sectio n 4 : Severability If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a co urt o f competent ju risdictio n, such portion shall be deemed a separate, distinct and ind ependent 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 o f 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 rev iews 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 gene ral 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 f orm: 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, Artic le 68, Colorado Revised Statutes, pertaining to the following describ ed property: 204 S. Galena Street. HPC Resolution #10, Series of 202 2 Page 3 of 3 Noth in g 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 publicatio n 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 re gular meeting on the 8th day of June, 2022 . Approved as to Form: Approv ed as to Cont ent: ________________________________ ________________________________ Kath arine Johnson, Assistant City Attorn ey Kara Thompson, Chair ATTEST: ________________________________ Cindy Klob , Records Manager / City Clerk