HomeMy WebLinkAboutresolution.council.175-16RESOLUTION NO. 175
(Series of 2016)
A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL APPROVING AN
EXTENSION OF VESTED RIGHTS AT 208 E. MAIN STREET, LEGALLY DESCRIBED AS
LOT 2, MAIN STREET VICTORIANS HISTORIC LANDMARK LOT SPLIT SUBDIVISION
EXEMPTION, BLOCK 73, CITY AND TOWNSITE OF ASPEN, COLORADO.
Parcel ID: 273707399002
WHEREAS, the Community Development Department received an application from Attorney
Sarah Oates, representing 4 Toolbox LLC, requesting approval of an extension of the vested rights
granted for the subject property pursuant to HPC Resolution No. 33, Series of 2013; and,
WHEREAS, the applicant received Final Major Development approval for an addition at the
rear of the historic Victorian -era miner's cottage from the Historic Preservation Commission via
Resolution No. 33, Series of 2013; and
WHEREAS, the applicant's vesting period will expire on November 21, 2016; and
WHEREAS, pursuant to Land Use Code Section 26.308.0 — Extension or reinstatement of
vested rights, City Council may grant an extension or reinstatement of vested rights after a public
hearing is held and a resolution is adopted; and,
WHEREAS, the Community Development Director has reviewed the application and
recommended approval of a reinstatement of vested rights for a period of one year; and,
WHEREAS, the Aspen City Council has reviewed and considered the request 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 public hearing; and,
WHEREAS, the City Council finds that the extension of vested rights proposal for a period of
three years meets or exceeds all applicable land use standards and that the approval of the extension of
vested rights proposal, with conditions, is consistent with the goals and elements of the Aspen Area
Community Plan; 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 ASPEN, COLORADO,
THAT:
Resolution No. 175, Series of 2016
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Janice K. Vos Caudill, Pitkin County, CO
Section 1•
The Aspen City Council does hereby approve an extension of vested rights, as approved by Resolution
No. 33, Series of 2013, for a one (1) year period, until November 21, 2017, as indicated on the
accompanying Development Order, conditioned on the following:
• The extension of a vested property right shall not preclude the application of regulations
which are general in nature and are applicable to all property subject to land use
regulation by the City of Aspen including, but not limited to, building, fire, plumbing,
electrical, and mechanical codes, and all adopted impact fees that are in effect at the
time of building permit, unless an exemption is granted in writing.
Section 2•
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
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 an authorized entity.
Section 3•
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:
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•
A duly noticed public hearing on this Resolution was held on the 5th day of December, 2016 at 5:00 PM
in the City Council Chambers, Aspen City Hall, Aspen, Colorado.
APPROVED AS TO FORM:
AS
Jalfies R. True, City Attorney Steven Sk, ron, Mayor
Linda Manning, City Clerk
Resolution No. 175, Series of 2016
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