HomeMy WebLinkAboutresolution.hpc.010-1991~336010 08/~0/91 'L]:57 Rec $20.00 BK &55 PG ~8~
Silvia Davis~ Pitkin Cnty Cler'k~ Doc $.00
RESOLUTION NO.
(Ser~es of ~99~)
A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMITTEE VESTING
THE SITE SPECIFIC FINAL DEVELOPMENT PLAN FOR 442 WEST BLEEKER
STREET, "PIONEER PARK", LOT 1, WEAVER SUBDIVISION.
WHEREAS, Lester M. Kaplan has submitted Final Development
plans on behalf of John F. Weaver and Mary Parker Weaver to the
Aspen Historic Preservation Committee for approval of the site
specific development plan at 442 West Bleeker St., Lot 1, Weaver'
Subdivision, City 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 with conditions 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 442 W. Bleeker Street (Lot 1, Weaver
Subdivision) 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
PRESERVATION COMMITTEE OF THE CITY OF ASPEN, COLORADO:
HISTORIC
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Resolution
No. 91- /V
Page 2
Section 1
The Aspen Historic Preservation Committee of the
Aspen, as a consequence of its approval of the site
City of
specific
development plan, and pursuant to Section 6-207 of the Municipal
Code of the City of Aspen, Colorado, hereby vests development
rights in 442 West Bleeker Street, Lot 1, Weaver Subdivision, City
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.
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Resolution No. 91- /~
Page 3
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 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
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.
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Resolution No. 91-/0
Page 4
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 August 28, 1991
ATTEST~
[(athy S[r-ickfand,
Assistant City Clerk
~on
Committee
hpcreso.442wb