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HomeMy WebLinkAboutresolution.hpc.002-1990Rea $~.,.,~,, O0 BK &41 P~ ?28 RESOLUTION NO. ~ (Series of 1990) A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMITTEE VESTING THE SITE SPECIFIC FINAL DEVELOPMENT PLAN FOR 413 EAST HYMAN WHEREAS, Lis G. Sorensen has submitted Final Development plans to the Aspen Historic Preservation Committee for approval of the addition to 413 E. Hyman Avenue (legal description attached at "Exhibit A"; and WHEREAS, the Aspen Historic Preservation Committee finds that the Final Development proposal constitutes the site specific development plan for the property, and; WHEREAS, Lis G. Sorensen has requested that the development rights for said property, 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 to vest development rights in specific development plans pursuant Municipal Code of the City of Aspen years from the effective date hereof. NOW, THEREFORE, BE IT RESOLVED BY PRESERVATION COMMITTEE OF THE CITY OF ASPEN, Preservation Committee desires the 413 E. Hyman Avenue site to Section 6-207 of the for a period of three (3) THE ASPEN COLORADO: HISTORIC Section 1 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 ~l~[Oll 05/14/91 I~:51 Rec $20~00 BK Silvi~ Davis~ Pitkin Cnty C!er4~ Doc Resolution No. 90- Page 2 rights in 413 E. Hyman Avenue 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 not inconsistent with this approval. Section 5 The establishment of a vested property right shall not preclude the application of ordinances or regulations which are are applicable to all property subject to by the City of Aspen including, but not fire, plumbing, electrical and mechanical general in nature and land use regulations limited to, building, 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 plan 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 .... ~/~.4,9.. I]~5] Rec $2C).F~I') BK 641 PG ?~0 Sii'/ia Davi~m~ ~'it. kin Cnty Cl~_~r-k,~ Do'"' $,00 Resolution No. 90- Page 3 codes. In this regard, as a condition of this site specific development approval, the applicants shall abide by any and all such building, fire, plumbing, electrical and mechanical codes, unless an exemption therefrom is granted in writing. Section 6 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 shall be continued and concluded under such prior ordinances. APPROVED by the Aspen Historic Preservation Committee at its regular meeting on March~ ~ Aspen Histor~re~rvation Committee ATTEST: Kathy St~ickland, Assistant City Clerk hpcreso.413ehyman d~sq- 00,0/