HomeMy WebLinkAboutresolution.council.095-07RESOLUTION NO. _~~
(Series of 2007)
A RESOLUTION OF THE ASPEN CITY COUNCIL APPROVING A THREE (3)
YEAR EXTENSION OF THE VESTED RIGHTS GRANTED BY HPC
RESOLUTION N0.33, SERIES OF 2004 (AS AMENDED) FOR THE PROPERTY
LOCATED AT 110 E. BLEEKER STREET, LOTS L AND M, BLOCK 65, CITY
AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO.
Parcel No.2735-124-37-006
WHEREAS, the Community Development Department received an application from
Lexie Brockway Potamkin, represented by Eben Klein of Klein, Cote & Edwazds, LLC,
requesting approval of a three (3) yeaz extension of the vested rights granted for the
project approved by HPC Resolution No. 33, Series of 2004 (as amended); and
WHEREAS, the applicant submitted the application for extension of vested
property rights on August 14, 2007 before the vested rights expired; and,
WHEREAS, pursuant to Section 26.308.010 Vested Property Rights of the Land
Use Code, City Council may grant an extension of vested rights after a public hearing is
held and a resolution is adopted; and,
WHEREAS, the Community Development Director has reviewed the application
and recommended approval of a three (3) year extension of vested rights for 110 E.
Bleeker Street; and,
WHEREAS, the Aspen City Council has reviewed and considered the requested
extension of vested rights for 110 E. Bleeker Street under the applicable provisions of the
Municipal Code as identified herein, has reviewed and considered the recommendation of
the Community Development Director, and has taken and considered public comment at a
public hearing; and,
WHEREAS, the City Council finds that the extension of vested rights proposal
meets or exceeds all applicable land use standards and that the approval of the extension of
vested rights proposal, with conditions, is consistent with the goals and elements of the
Aspen Area Community Plan; and,
WHEREAS, the City Council finds that this Resolution furthers and is necessary
for the promotion of public health, safety, and welfaze.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ASPEN,
COLORADO,THAT:
Section 1:
The Aspen City Council does hereby approve a three (3) year extension of vested
rights for the 110 E. Bleeker project as was originally approved by HPC Resolution
No.33, Series of 2004 (and later amended with regard to setbacks by HPC Resolution
No. 8, 2007) establishing a new expiration date of December 8, 2010, with the
following condition:
1. That, should the existing building permit application expire, the establishment
herein of a vested property right shall not preclude a new building permit from
the applications or regulations which are general in nature and are applicable to
all property subject to land use regulation by the City of Aspen including, but not
limited to, building, fire, plumbing, electrical and mechanical codes, and all
adopted impact fees. The developer shall abide by any and all such building, fire,
plumbing, electrical and mechanical codes, and impact fees that are in effect at
the time of building permit, unless an exemption therefrom is granted in writing.
Section 2•
All material representations and commitments made by the applicant pursuant to the
development proposal approvals as herein awazded, whether in public heazing or
documentation presented before the City Council, are hereby incorporated in such plan
development approvals and the same shall be complied with as if fully set forth herein,
unless amended by an authorized entity.
Section 3•
This Resolution shall not affect any existing -itigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such
prior ordinances.
Section 4•
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 5:
A duly noticed public hearing on this Resolution was held on the 12th day of November,
2007 at 5:00 PM in the City Council Chambers, Aspen City Hall, Aspen, Colorado.
FI LLY, adopted, passed, and approved by a
of~~~07.
Approved as to form:
Joh rcester, City Attorney
Attest:
Kathryn S. K ~, City Clerk
to L-~ vote on this 'day
Approved as to content:
Michael C. Ireland, Ma or