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HomeMy WebLinkAboutresolution.hpc.004-1991#~4167 07101/91 14:45 Rec $20.00 B~( 6~ Silvia Davis, Pitkin Cnty Clerk, Doc $.00 RESOLUTION NO. ~ (Series of 1991) A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COI~ITTEE VESTING THE SITE SPECIFIC FINAL DEVELOPHENTPLANFOR 334 WEST H~LLi~STREET wHEREAS, Frank Peters and Marta Chaikovska, have submitted Final Development plans to the Aspen Historic Preservation Committee for approval of the site specific development plan at 334 West Hallam Street, Lots K, L, and M, Block 42, 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; WHEREAS, the applicant 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 Preservation Committee desires to vest development rights in the 334 W. Hallam Street 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 THE CITY OF ASPEN, COLORADO: Section 1 The Aspen Historic Preservation Committee of the City of Aspen, as a consequence of its approval of the site specific #~54167 07/01/91 Silvia Davis, Pitkin Resolution No. 91- ~ Page 2 development plan, Code of the City 14:45 Rec $20.00 BE 6~O PG ~ Cnty Clerk, Doc $.00 and pursuant to Section 6-207 of the Municipal of Aspen, Colorado, hereby vests development rights in 334 W. Hallam Street, Lots K, L, and M, Block 42, City and Townsite of Aspen, Colorado, for a period of three (3) years from the effective date hereof. 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 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. ~ection 4 Nothing in this approval shall exempt the site specific 2 ~JJ4167 07/01/91 14:45 Rec $20.00 BK &~O PG 29! Silvia Davis, Pitkin Cnty Clef. k, Doc $.00 Resolution No. 91-_~ Page 3 development plan from subsequent reviews and approvals required by this approval of the general rules, regulations and rdlnances of o ' 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 unless an exemption therefrom is granted in writing. codes, Section 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 3 to affect any #~4167 07/01/91 14:45 Rmc $20.00 BE ~ PG ~ Silvim Dmvis, Pitkin Cnty Clef. k, Doc $.00 Resolution No. 91- ~ Page 4 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 June 26, 1991. William J,~P~s, Chairman Aspen Historic Preservation Committee ATTEST: ~athy//S~ri~ckland, ' Assistant City Clerk hpcreso.334wh