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HomeMy WebLinkAboutresolution.hpc.003-1996 9 ~ 4,r~4 ~ILVIA DAVIS 11/26/1996 10:50A PG 1 OF '3 REC DOC NOT PITKIN COUNTY CLERK & RECORDER 16.00 RESOLUTION NO..,.~__ (Series of 1996) A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION VESTING THE SITE SPECIFIC FINAL DEVELOPMENT PLAN FOR 706 W. MAIN STREET. WHEREAS, B. Joseph Krabacher and Susan Krabacher, owners, submitted Final Development plans to the Aspen Historic Preservation Commission for approval of the site specific development plan at 706 W. Main Street, Lot Q and the west 20 feet of Lot R, Block 18, 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 of August 28, 1996, 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 in the 706 W. Main Street site specific development plans with conditions pursuant to Section 26.72.010 of the Municipal Code of the City of Aspen for a period of three (3) years from the date of final approval, August 28, 1996. 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 of August 28, 1996, and pursuant to Section 26.72.010 of the Municipal Code of the City of Aspen, Colorado, hereby vests development rights in 706 W. Main Street, Lot Q and the west 20 feet of Lot R, Bl?ck 18, City and Townsite~ for a period of three (3) ye~ars from the date of final approv~ Any changes to the Final D~avelopment plans as approved b~/the HPC shall be submitted for review and approval (prior to the issuance of a building permit or change order). 399424 11/26/1996 10:50A PG 2 OF ~ 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. 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. S_ ection 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, electircal 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. Secti~on 7 Nothing in this resolution shall be contrued 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 November 13, 1996. ~ke Vickery, Cl~air ~pen Historic P[reservation 3mmission ATTEST: Kathy .~trickland Assistant City Clerk 399424 11/26/1996 10:50A PG 3 OF 3