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HomeMy WebLinkAboutResolution #076, Series of 2024 City Council Res. #076, Series of 2024 Page 1 of 3 RESOLUTION NO. 076 (Series of 2024) A RESOLUTION OF THE ASPEN CITY COUNCIL APPROVING AN EXTENSION OF THE VESTED RIGHTS ASSOCIATED WITH AN ADMINISTRATIVE LAND USE APPROVAL (RECEPTION NO. 700837) TO DEMOLISH AN EXISTING SINGLE-FAMILY STRUCTURE AT THE PROPERTY COMONLY DESCRIBED AS 1340 SNOWBUNNY LANE, LEGALLY DESCRIBED AS UNIT 1, REESE CONDOMINIUMS, TOGETHER WITH AN UNDIVIDED ONE- HALF INTEREST IN AND TO THE COMMON ELEMENTS, ACCORDING TO THE CONDOMINIUM MAP OF REESE CONDOMINIUMS RECORDED OCTOBER 6, 1982 IN PLAT BOOK 13 AT PAGE 95 AND AS DEFINED AND DESCRIBED IN THE CONDOMINIUM DECLARATION FOR REESE CONDOMINIUMS RECORDED OCTOBER 6, 1982 IN BOOK 433 AT PAGE 685, COUNTY OF PITKIN, STATE OF COLORADO; UNIT 2, REESE CONDOMINIUMS, TOGETHER WITH AN UNDIVIDED ONE-HALF INTEREST IN AND TO THE COMMON ELEMENTS, ACCORDING TO THE CONDOMINIUM MAP OF REESE CONDOMINIUMS RECORDED OCTOBER 6, 1982 IN PLAT BOOK 13 AT PAGE 95 AND AS DEFINED AND DESCRIBED IN THE CONDOMINIUM DECLARATION FOR REESE CONDOMINIUMS RECORDED OCTOBER 6, 1982 IN BOOK 433 AT PAGE 685, COUNTY OF PITKIN, STATE OF COLORADO. Parcel Nos. 2735-013-56-800, 2735-013-56-001, 2735-013-56-002 WHEREAS, the Community Development Department received an application Chris Bendon, representing the Reese House Condo Association, John W. Reese Revocable Trust, and Beverly A. Reese Family Trust, for property located at 1340 Snowbunny Lane, requesting an extension of vested rights for a previously approved demolition allotment; and, WHEREAS, the Applicant has submitted a request to extend the vested rights for the property for a period of John Reese’s life, plus two years. Current vested rights for the subject property expire on July 18, 2027; and, WHEREAS, pursuant to Section 26.308.010 of the Land Use Code, City Council may grant a reinstatement or extension of vested rights; and, WHEREAS, the City Council reviewed the application and considered the Extension of Vested Rights under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a duly noticed public hearing; and, WHEREAS, a public hearing was scheduled for July 23rd, 2024; and, City Council Res. #076, Series of 2024 Page 2 of 3 WHEREAS, at a regular scheduled meeting on July 23rd, 2024, City Council considered the application during public hearing and by a xx – xx (xx - xx) vote approved Resolution #076, Series of 2024; and, WHEREAS, the City Council approves the extension of vested rights to a period of John Reese’s life, plus two years; and, WHEREAS, the City Council finds that this resolution furthers and is necessary for the promotion of public health, safety and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1: Approvals Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council hereby approves an extension of the vested rights for the demolition allotment granted by an administrative land use approval (Reception No. 700837. Vesting for these approvals shall expire two years after the death of John Reese. Section 2: Material Representation All material representations and commitments made by the Applicant pursuant to the temporary use proposal as herein awarded, whether in public hearing or documentation presented before the City Council, are hereby and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. 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. City Council Res. #076, Series of 2024 Page 3 of 3 APPROVED BY the City Council of the City of Aspen on this 23rd day of July 2024. Approved as to form: Approved as to content: __________________________ ______________________________ James R. True, City Attorney Torre, Mayor Attest: _______________________ Nicole Henning, City Clerk