HomeMy WebLinkAboutresolution.hpc.001-1991RESOLUTION NO. /
(Series of 1991)
A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMITTEE VESTING
~ SITE SPECIFIC FINAL DEVELOPg~ENT PLAN WITH CONDITIONS FOR 801
EAST HYMANAVENUE
WHEREAS, John Elmore has submitted Final Development plans
to the Aspen Historic Preservation Committee for approval of the
site specific development plan and demolition at 801 East Hyman
Avenue, Lots A and B, Block 111, City and Townsite of Aspen,
Colorado; and
WHEREAS, the Aspen Historic Preservation Committee finds
that the Final Development proposal constitutes the site specific
development plan for the property, and;
~, John Elmore has requested that the development
rights for said property, as defined and approved with conditions
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 801 East Hyman Avenue site
specific development plans with conditions 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 THE ASPEN HISTORIC
PRESERVATION COMMITTEE OF TH~ CITY OF ASPEN, COLORADO:
Section 1
The Aspen Historic Preservation Committee of the City of
Resolution No. 91-
Page 2
Aspen, as a consequence of its approval
development plan, and pursuant to Section
Code of the City of Aspen, Colorado,
rights in 801 East Hyman Avenue,
and Townsite of Aspen, Colorado,
from the effective date hereof.
Final Development approval are
Resolution:
1)
2)
3)
of the site specific
6-207'of the Municipal
hereby vests development
Lots A and B, Block 111, City
for a period of three (3) years
The following conditions to the
hereby made a part of this
Upon demolition (or relocation of the existing
structures off the parcel), the parcel shall be left in
a "finished" condition
The existing structures shall remain on the parcel as
long as possible (prior to demolition)
Any changes to the Final Development plans as approved
by the HPC shall be submitted for review and approval
(prior to the issuance of a building permit or change
order)
Failure
this approval shall
property rights.
to abide by any of the terms and conditions attendant to
result in the forfeiture of said vested
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.
Resolution No. 91-
Page 3
Section 3
Zoning that is not part
plans approved hereby shall
vested property right.
of the site specific development
not result in the creation of a
Section 4
Nothing in
development plan
this approval shall exempt the site specific
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 shall not
preclude the application of ordinances or regulations which are
general in nature and are applicable to all property subject to
land use regulations by the City of Aspen including, but not
limited to, building, fire, plumbing, electrical and mechanical
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
3
Resolution No. 91-
Page 4
portion of this resolution is
unconstitutional in a court
portion shall be deemed
provision and shall not
portions thereof.
for any reason held invalid or
of competent jurisdiction, such
a separate, distinct and independent
affect the validity of the remaining
Section 7
Nothing in this resolution shall be construed to affect any
right, duty or liability under any ordinance in effect prior to
th~ 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 January 9, 1991.
ATTEST:
By
William J. Poss, Chairman
Aspen Historic Preservation Committee
Kathy Strickland,
Assistant City Clerk
hpcreso.801eh