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RECEPTION#: 715894, R: $43.00, D: $0.00
DOC CODE: RESOLUTION
Pg 1 of 3, 04/09/2026 at 10:54:02 AM
Ingrid K. Grueter, Pitkin County, CO
RESOLUTION #OS
(SERIES OF 2026)
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LOCATED AT 409 SOUTH HUNTER STREET, LEGALLY DESCRIBED AS
RESIDENTIAL CONDOMINIUM UNITS 1-5, 1DU SIDENTIAL PENTHOUSE UNIT,
COMMERCIAL CONDOMINIUM UNITS 1-6 BOWMAN CONDOMINIUMS, ALSO Ve
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DESCRIBED IN THE CONDOMINIUMDECLARATION FO'BOWMAN
ONDOMINIUMS, RECORDED JANUARY 14, 2013 UNDER
5961119 AND THE CONDOMINIUM•'
FOR BOWMAN BUILDING CONDOMINIUMS, RECORDED JANUARY 14, 2013
UNDER RECEPTION NO.596112, CITY AND TOWNSITE OF ASPEN, PITKIN
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PARCEL ID: 2737-182-22-109
WHEF:EAS, the applicant, NJ Stein, LLC, represented by Garrett Larimer of
Kraemer Land Planning LLC, has requested HPC approval for a Certificate of
Appropriateness for Minor Development and Commercial Design Review for the property
located at 409 South Hunter Street, Unit 3, Bowman Building Condominium, City and
Townsite of Aspen, Colorado;
WHE�:EAS, 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 a Certificate of Appropriateness for Minor
Development, 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
Jistoric Preservation Design Guidelines per Section 26.415.070(c) 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, for approval of Commercial Design Review, the application shall meet
the requirements of Aspen Municipal Code Section 26.412, Commercial Design Review; and
WHEREAS, Community Development Department staff reviewed the application for
compliance with the applicable code sections, standards, and guidelines, and, finding it in
general conformance therewith, recommended approval of the application with conditions;
and,
HPC
Resolution #05, Series of 2026
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WHEREAS, at a duly noticed public meeting on March 25, 2026, the HPC reviewed
the project, including the application, staff memo, and public comments, and voted four to
zero (4 — 0) in support of a motion to approve the request with conditions.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN HISTORIC
PRESERVATION COMMISSION THAT:
10
Section 1: Certificate of Appropriateness for Minor Development and Commercial
Desiizn Review
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code,
the Historic Preservation Commission hereby approves a Certificate of Appropriateness for
Minor Development and Commercial Design Review.
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: Severabili
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
HPC Resolution #05, Series of 2026
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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
pIan, 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: 409 South Hunter 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.
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 25th day of March,
2026.
Approved as to Form: Approved as to Content:
uisal,Bern�, As
ATTEST:
t City Attorney
Sear, Deputy City Clerk
HPC Resolution #O5, Series of 2026
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