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HomeMy WebLinkAboutresolution.hpc.001-1993~5551~5 01/21/95 1]:27 Rec $2'.00 BK 701 PG 258 Silvia Davis~ Pitkin Cnty Cler'k~ Doc $.00 RESOLUTION NO. A (Series of 1993} 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, Arthur and Freddie Stromberg have submitted Minor Development plans 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, on December 9, 1992, the Aspen Historic Preservation Committee found that the Minor 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 December 9, 1992. 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 development plan, and pursuant to Section 6-207 of the Municipal ~55155 01/21/~5 10:27 Rec $20.00 BE ?~1 PO ~ Silvi~ Dmvis, Pitkin Cnty Cler~k, Doc $.00 Resolution No. 9~- ~ Page 2 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 December 9, 1992. Any changes to the approved 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 Tights. 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 $ 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 2 ~555155 01/21/95 10:27 Rec $20.00 BK 701 PG 240 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 Resolution No. 93- ~ Page 3 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. 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 3 ~.~._~.~5~Z'- ",)1/~.1/9~ 10:27 Rec $20.00 BK ?0~ F'G ~41 Silvia Davis~ Pitkin Cnty Cler. k~ Doc $.00 Resolution No. ~- ~ Page 4 continued and concluded under such prior ordinances. APPROVED by the Aspen Historic Preservation Committee at its regular meeting on January 13, 1993. Wi~'iam~ff./Pods~/~hairman Aspen His~~servation Committee ATTEST: Kathy ~trickland, Assistant City Clerk