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HomeMy WebLinkAboutresolution.hpc.005-1992~ 12/28/92 1'~9:32 Rec m~- ,~-~ o~-' Olivia Davis~ Pitkin Cnty Clef. k, Doc $.00 RESOLUTION NO. 5 (SERIES OF 1992) A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMITTEE VESTING THE SITE SPECIFIC FINAL DEVELOPMENT PLAN FOR 316 EAST HOPKINS, AKA LOT O OF BLOCK. 80t CITY AND TOWNSITE OF ASPENt COLORADO. WHEREAS, 316 E. Hopkins, Inc. a Colorado Corporation represented by B. Joseph Krabacher, Krabacher, Hill & Edwards, P.C., 201 North Mill Street, Suite 201, Aspen, Colorado 81611 submitted a site-specific Development Plan (demolition of the outbuilding) to the Aspen Historic Preservation Committee; and WHEREAS, the Aspen Historic Preservation Committee found that the demolition of the outbuilding constitutes the site specific development plan for the property on November 27, 1991; and WHEREAS, the applicant has requested the development rights for said property, as defined and approved by the Aspen Historic Preservation Committee in the site specific development plan, be retroactively vested pursuant to Section 24-6-207 of the Aspen Municipal Code; and WHEREAS, The Aspen Historic Preservation Committee desires to vest the development plan pursuant to Section 24-6-207 of the Municipal Code of the City of Aspen for a period of three (3) years from the original approval date of November 27, 1991. NOW, THEREFOREv 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 development plan on November 27, 1991, and pursuant to Section 24-6-207 of the Municipal Code of the city of Aspen, Colorado, hereby vests development rights in 316 East Hopkins Avenue for a period of three (3) years from November 27, 1991, subject to the following conditions: a) The vesting granted hereby shall be subject to all rights of referendum and judicial review. b) Failure to abide by any of the terms and conditions of the site specific development plan shall result in a forfeiture of the vested rights awarded hereunder. c) Nothing in this approval shall exempt the site specific development plan for subsequent reviews and approvals required by this approval of the general rules, regulations and ordinances of the City of Aspen provided #5~'~[' 12/28/92 09:J2 Rec $10.00 BK 698 PG 778 Silvia Davis~ Pitkin Cnty Clef. k, Doc $.00 that such reviews and approvals are not inconsistent with this approval. d) 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 2 The City Clerk shall cause notice of this Resolution vesting rights to be published advising the public thereof within fourteen (14) days in accordance with Section 24-6-207(D) of the municipal code. Section 3 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. APPROVED by the Aspen Historic Preservation Committee at its regular meeting on N~2/~_.~~ ~ ~, ~ ~ ~/ ~illiam~ P~s, C~airman Attest: Ka-~hleen J//Strickland, Chief Deputy City Clerk