HomeMy WebLinkAboutresolution.hpc.016-2006
RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION
RECOMMENDING APPROVAL OF AN APPLICATION FOR MINOR
DEVELOPMENT AT 423 NORTH SECOND STREET, LOTS G, H, AND I
BLOCK 41, CITY AND TOWNSITE OF ASPEN, COLORADO.
RESOLUTION NO. 16 SERIES OF 2006
Parcel ID #:2735-124-41-4003
WHEREAS, the applicant, James McManus, represented by Dave Rybak, Rybak
Architecture and Development, have requested minor development approval for the
property located at 423 North Second Street, Lots G, H, and I, Block 41, City and
Townsite of Aspen, Colorado; and
WHEREAS, Section 26.415.070 of the Aspen Municipal Code states that no building or
structure shall be erected, constructed, enlarged, altered, repaired, relocated or improved
involving a designated historic property or district until plans or sufficient information
have been submitted to the Community Development Director and approved in
accordance with the procedures established for their review. An application for a building
permit cannot be submitted without a Development Order; and
WHEREAS, the procedure for a Minor Development Review is as follows. Staff
reviews the submittal materials and prepares a report that analyzes the project's
conformance with the design guidelines and other applicable Land Use Code Sections.
This report is transmitted to the HPC with relevant information on the proposed project
and a recommendation to continue, approve, disapprove or approve with conditions and
the reasons for the recommendation. The HPC reviews the application, the staff analysis
report and the evidence presented at the hearing to determine the project's conformance
with the City of Aspen Historic Preservation Design Guidelines. The HPC may approve,
disapprove, approve with conditions, or continue the application to obtain additional
information necessary to make a decision to approve or deny; and
WHEREAS, Sara Adams, in her staff report dated June 28, 2006 performed an analysis
of the application based on the standards, and found that the "City of Aspen Historic
Preservation Design Guidelines" were met with conditions; and
WHEREAS, at their regular meeting of June 28, 2006, the Historic Preservation
Commission considered the application after a duly noticed, public hearing, took
testimony, found the application to meet the pertinent standards, and approved the
application with conditions by a vote of 5 to O.
THEREFORE, BE IT RESOLVED:
That the HPC approves Minor Development for 423 North Second Street, City and
Townsite of Aspen with the following conditions:
I. Omit the proposed half-round window proposed for the west gable end.
2. Omit the skylights from the application.
3. Staff and monitor must review and approve the placement and size of the roof
vent.
4. The placement of roof vent as proposed at the June 28th meeting is denied.
5. There shall be no deviations from the exterior elevations, landscape plan, fixtures,
or materials as approved without first being reviewed and approved by staff and
monitor when the information is available.
6. Vested Ri!!:hts: The development approvals granted herein shall constitute a site-
specific development plan vested for a period of three (3) years from the date of
issuance of a development order. However, any failure to abide by any of the
terms and conditions attendant to this approval shall result in the forfeiture of said
vested property rights. Unless otherwise exempted or extended, failure to properly
record all plats and agreements required to be recorded, as specified herein, within
180 days of the effective date of the development order shall also result in the
forfeiture of said vested property rights and shall render the development order
void within the meaning of Section 26.104.050 (Void permits). Zoning that is not
part of the approved site-specific development plan shall not result in the creation
of a vested property right.
No later than fourteen (14) days following final approval of all requisite reviews
necessary to obtain a development order as set forth in this Ordinance, the City
Clerk shall cause to be published in a newspaper of general circulation within the
jurisdictional boundaries of the City of Aspen, a notice advising the general public
of the approval of a site specific development plan and creation of a vested property
right pursuant to this Title. Such notice shall be substantially in the following form:
Notice is hereby given to the general public of the approval of a site specific
development plan, and the creation of a vested property right, valid for a period of
three (3) years, pursuant to the Land Use Code of the City of Aspen and Title 24,
Article 68, Colorado Revised Statutes, pertaining to the following described
property: 423 North 2nd Street.
Nothing in this approval shall exempt the development order from subsequent
reviews and approvals required by this approval of the general rules, regulations
and ordinances or the City of Aspen provided that such reviews and approvals are
not inconsistent with this approval.
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The approval granted hereby shall be subject to all rights of referendum and
judicial review; the period of time permitted by law for the exercise of such rights
shall not begin to run until the date of publication of the notice of final
development approval as required under Section 26.304.070(A). The rights of
referendum shall be limited as set forth in the Colorado Constitution and the
Aspen Home Rule Charter.
APPROVED BY THE COMMISSION at its regular meeting on the 28th day of
June 2006.
Approved as to Form:
Attorney
Approved as to Content:
HISTORIC PRESERVATION COMMISSION
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Kathy Stric~and, Chief Deputy Clerk
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