HomeMy WebLinkAboutresolution.hpc.003-1989 RESOLUTION NO. ~ (Series of 1989)
A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMI.i-r~E VESTING
THE SITE SPECIFIC FINAL DEVELOPMENT PLANS FOR 1004 EAST DURANT
AVENUE, UNIT #1, 211 WEST MAIN STREET, AND 135 WEST MAIN STREET.
WH~LEAS, Sandra Lohr has submitted Final Development plans
to the Aspen Historic Preservation Committee for approval for an
addition and renovation of 1004 East Durant Street, Unit #1,
Aspen, Colorado; and
WHEREAS, Claire Newkam has submitted Final Development plans
to the Aspen Historic Preservation Committee for approval for the
renovation of 211 West Main Street, Aspen, Colorado; and
Wq~EREAS, David Melton has submitted Final Development plans
to the Aspen Historic Preservation Committee for approval for the
addition to 135 West Main Street, Aspen, Colorado; and
WHEREAS, the Aspen Historic Preservation Committee reviewed
and approved said Final Development plans at duly noticed public
meetings for 1004 East Durant Street, Unit #1, on July 26, 1989,
for 211 West Main Street on September 13, 1989, and for 135 West
Main Street on August 9, 1989, and;
WHEREAS, the Aspen Historic Preservation Committee finds
that these Final Development proposals constitute the site
specific development plans for the properties, and;
W~REAS, Sandra Lohr - 1004 East Durant Street, Unit #1,
Claire Newkam - 211 West Main Street, and David Melton - 135 West
Main Street, have requested that the development rights for said
properties, as defined and approved by the Aspen Historic
Preservation Committee in the site specific development plans, be
vested pursuant to Section 6-207 of the Aspen Municipal Code; and
WHEREAS, the Aspen Historic Preservation Committee desires
to vest development rights in the 1004 East Durant Street, Unit
#1, 211 West Main Street and 135 West Main Street site specific
development plans pursuant to Section 6-207 of the Municipal Code
of the City of Aspen for a period of three (3) years from the
effective date hereof.
NOW, THEREFORE, BE IT RESOLVED BY
PRESERVATION COMMITTEE OF THE CITY OF ASPEN,
Section 1
THE ASPEN
COLORADO:
HISTORIC
The Aspen Historic Preservation Committee of the City of
Aspen, as a consequence of its approval of the site specific
development plan, and pursuant to Section 6-207 of the Municipal
Code of the City of Aspen, Colorado, hereby vests development
rights in 1004 East Durant Street, Unit #1, 211 West Main Street,
and 135 West Main Street for a period of three (3) years from the
effective date hereof. However, failure to abide by any of the
terms and conditions attendant to this approval shall result in
the forfeiture of said vested property rights.
Section 2
The approval granted hereby shall be subject to all rights
of referendum and judicial review; except that the period of time
permitted by law for the exercise of such rights shall not begin
to run until the date of publication of this resolution following
its adoption.
Section 3
Zoning that is not part of the site specific development
plans approved hereby shall not result in the creation of a
vested property right.
Section 4
Nothing in this approval shall exempt the site specific
development plans from subsequent reviews and approvals required
by this approval of the general rules, regulations and ordinances
of the City of Aspen provided that such reviews and approvals are
not inconsistent with this approval.
Section 5
The establishment of a vested property right
preclude the applicant of ordinances or regulations
general in nature and are applicable to all property subject to
land use regulations by the City of Aspen including, but not
building, fire, plumbing, electrical and mechanical
this regard, as a condition of this site specific
approval, the applicants shall abide by any and all
limited to,
codes. In
development
such building, fire, plumbing, electrical and mechanical
unless an exemption therefrom is granted in writing.
Section 6
shall not
which are
codes,
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 7
Nothing in this resolution shall be construed to affect any
right, duty or liability under any ordinance in effect prior to
the effective date of this resolution, and the same
continued and concluded under such prior ordinances.
Section 8
shall be
A public hearing on the Resolution shall be held on 25th day
of October, 1989, at 5:00 p.m., in the Second Floor City Council
Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days
prior to which hearing notice of the same shall be published once
in a newspaper of general circulation within the City of Aspen.
IN~RODUCED, READ AND ORDERED PUBLISHED as provided by law by
the Aspen Historic Preservation Committee of the City of Aspen on
the 25th day of October, 1989.
Geo~gea~ Wa.ggaman, ~'.~e Chai~r
As~n H~storlc PreserVation Committee
ATTEST:
Kathy ,~/tri6kland, Assistant City Clerk
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