HomeMy WebLinkAboutresolution.hpc.002-1996RESOLUTION NO. ~
(Series of 1996)-
A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION
VESTING THE SITE SPECIFIC FINAL,DEVELOPMENT PLAN FOR 303 E.
MAIN STREET.
WHEREAS, Nicklaus Kuhn, owner, submitted Final Development plans to
the Aspen Historic Preservation Commission for approval of the site specific
development plan at 303 E. Main Street, Lot A and the west half of Lot B, Block
80, City and Townsite of Aspen, Colorado; and
WHEREAS, the Aspen Historic Preservation Commission 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 with conditions by the Aspen Historic
Preservation Commission in the site specific development plans, be vested
pursuant to Section 26.52.080 of the Aspen Municipal Code; and
WHEREAS, the Aspen Historic Preservation Commission desires to vest
development rights for the 303 E. Main Street site specific development plans
with conditions pursuant to Section 26.52.080 of the Municipal Code of the City
of Aspen for a period of three (3) years from the date of HPC approval, June 14,
1995.
NOW, THEREFORE, BE IT RESOLVED BY THE ASPEN HISTORIC
PRESERVATION COMMISSION OF THE CITY OF ASPEN, COLORADO:
Section 1
The Aspen Historic Preservation Commission of the City of Aspen, as a
consequence of its approval of the site specific development plan, and pursuant
to Section 26.52.080 of the Municipal Code of the City of Aspen, Cblorado,
hereby vests development rights in 303 E. Main Street, Lot A and the west half
of Lot B, Block 80, City and Townsite of Aspen, Colorado, for a period of three
(3) years from the date of HPC approval, June 14, 1995. 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
exemise 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.
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 prevision 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 continued and concluded under such prior ordinances.
APPROVED by the Aspen Historic Preservation Commission at its regular
meeting on July 10, 1996.
~ J~akeVickery, Cl~air
~spen Historic P~eservation
Commission
ATTEST:
k~hy Str~kland
Assistant City Clerk