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Home My WebLink AboutLand Use Case.HP.533 E Main St.HPC2-93S 33 E. Md\.? ,+~t, St. Mary's Church Vested Rights _ 2737-073-31-001 HPC2-93 --r-r 843& 0 96< L -11 7% .. CASELOAD SUMMARY SHEET City of Aspen Historic Preservation Committee DATE RECEIVED: 01/06/93 CASE NUMBER: HPC2-93 DATE COMPLETE: 3 -(01 3 PARCEL ID#: 2737-073-31-001 PROJECT NAME: St. Marv's Church Vested Rights Project Address: 533 E. Main St. APPLICANT: Archdiocese of Devner (John McGuire) Applicant Address: REPRESENTATIVE: Ted Guy, Guy Associates Representative Address/Phone: P.O. Box 1640 Basalt, CO 81621 927-3167 \f TYPE OF APPLICATION: 1 STEP: 2 STEP: 3 STEP: HPO Insubstantial Amendment or Exemption: HPC Meeting Dates: 2/10 ~; P&Z Meeting Date: CC Meeting Dates: 1st 2nd REFERRALS: Planning Building Zoning City Engineer Parks Dept. City Attorney DATE REFERRED: INITIALS: DUE: FINAL ROUTING: DATE ROUTED: INITIAL: City Atty City Clerks Office Other: FILE STATUS AND LOCATION: COMMENTS: .. . RESOLUTION NO. 2 (Series of 1993) A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMITTEE VESTING THE SITE SPECIFIC FINAL DEVELOPMENT PLAN FOR ST. MARY'S CHURCH AT 533 E. MAIN ST. WHEREAS, the Archdiocese of Denver, represented by John McGuire, submitted Significant Development plans to the Aspen Historic Preservation Committee for approval of the site specific development plan at St. Mary's Church at 533 E. Main St., Lots A- I, Block 93, City and Townsite of Aspen, Colorado; and WHEREAS, on May 13, 1992, the Aspen Historic Preservation Committee found 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 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 533 E. Main St. 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 May 13, 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 .. Resolution No. 93- 1 Page 2 development plan, and pursuant to Section 6-207 of the Municipal Code of the City of Aspen, Colorado, hereby vests development rights in 533 E. Main St., Lots A-I, Block 93, City and Townsite of Aspen, Colorado, for a period of three (3) years from May 13, 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 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 2 .. 1 . Resolution No. 93- .A Page 3 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 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 3 .. Resolution No. 93- A Page 4 the effective date of this resolution, and the same shall be continued and concluded under such prior ordinances. APPROVED by the Aspen Historic Preservation Committee at its regular meeting on February 10, 1993. C By~ C jÂ«34.4 _ 1--, william Â¥ Pos4,/ Zhairman Aspen Hi.~toric ~Rreservation Committee ATTEST: 1 C 94-1,1--7--0 3/f 6-i-,( c-._.__~-~ Kathy Strickland, Assistant City Clerk hpcreso.533em.vr 4 ..1. .!1 -.. RESOLUTION NO. 2 (Series of 1993) A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMITTEE VESTING THE SITE SPECIFIC FINAL DEVELOPMENT PLAN FOR ST. MARY'S CHURCH AT 533 E. MAIN ST. WHEREAS, the Archdiocese Of Denver, represented by John McGuire, submitted Significant Development plans to the Aspen Historic Preservation Committee for approval of the site specific development plan at St. Mary's Church at 533 E. Main St., Lots A- I, Block 93, City and Townsite of Aspen, Colorado; and WHEREAS, on May 13, 1992, the Aspen Historic Preservation Committee found 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 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 533 E. Main St. 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 May 13, 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 .. Resolution No. 93- 1 Page 2 development plan, and pursuant to Section 6-207 of the Municipal Code of the City of Aspen, Colorado, hereby vests development rights in 533 E. Main St., Lots A-I, Block 93, City and Townsite of Aspen, Colorado, for a period of three (3) years from May 13, 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 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 2 .. . Resolution No. 93- T Page 3 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 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 3 .. . Resolution No. 93- A Page 4 the effective date of this resolution, and the same shall be continued and concluded under such prior ordinances. APPROVED by the Aspen Historic Preservation Committee at its regular meeting on February 10, 1993. // AREJMP:~- / By r -3 /, v , - C- I .C- 2 William # Pos~,/ rhairman Aspen Hi~toric Jfreservation Committee ATTEST: j . t kathy Strickland, Assistant City Clerk hpereso.533cm.vr 4 , . MEMORANDUM TO: Aspen Historic Preservation Committee From: Roxanne Eflin, Historic Preservation Officer Re: Vested Rights Resolution: 533 E. Main, St. Mary's Church, Public Hearing Date: February 10, 1993 APPLICANT'S REQUEST: HPC approval of a Resolution granting vested rights for the site specific development plan at 533 E. Main. Vesting assures the applicant of protection from any changes in the land use regulations that would negatively impact the development approval for up to three years following final approval. PREVIOUS HPC ACTION: The HPC granted Final Development approval to the St. Mary's project, with conditions, on May 13, 1992. The 3-year vested rights "clock" begins to tick from that date. RECOMMENDATION: The Planning Office recommends that the HPC approve the applicant's request for Vested Rights, and adopt the Resolution attached. memo.hpc.533em.vr THEODORE K GL~ASSOCIATES PC ' ARCHITECTS AND S~~TURAL ENGINEERS Cp. pr, r72- --I 1 DEC 23 1992 b. li / L U L - December 18,1992 Historic Preservation Committee Historic Preservation Officer 130 South Galena Street Aspen, Colorado 81611 Attn: Roxanne Eflin RE: St. Mary's Church Dear Roxanne: Mr. John McGuire, with the Archdiocese of Denver, wishes to vest the site as per the specific development plan as approved by the Historic Preservation Committee for the St. Mary's parcel. Please schedule this immediately. Sincerely yours, Theodore K. Guy, President THEODORE K GUY ASSOCIATES PC TKG/lk 91105 L19 23280 STATE HIGHWAY 82 P. O. BOX 1640 BASALT. COLORADO 81 621 [3031 927-3167 .. RESOLUTION NO. 2 (Series of 1993) A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMITTEE VESTING THE SITE SPECIFIC FINAL DEVELOPMENT PLAN FOR ST. MARY'S CHURCH AT 533 E. MAIN ST. WHEREAS, the Archdiocese Of Denver, represented by John McGuire, submitted Significant Development plans to the Aspen Historic Preservation Committee for approval of the site specific development plan at St. Mary's Church at 533 E. Main St., Lots A- I, Block 93, City and Townsite of Aspen, Colorado; and WHEREAS, on May 13, 1992, the Aspen Historic Preservation Committee found 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 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 533 E. Main St. 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 May 13, 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 Resolution No. 9 - Page 2 development plan, and pursuant to Section 6-207 of the Municipal Code of the City of Aspen, Colorado, hereby vests development rights in 533 E. Main St., Lots A-I, Block 93, City and Townsite of Aspen, Colorado, for a period of three (3) years from May 13, 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 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 2 .. Resolution No. 9 - Page 3 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 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 3 Resolution No. 9 - Page 4 the effective date of this resolution, and the same shall be continued and concluded under such prior ordinances. APPROVED by the Aspen Historic Preservation Committee at its regular meeting on February 10, 1993. By William J. Poss, Chairman Aspen Historic Preservation Committee ATTEST: Kathy Strickland, Assistant City Clerk hpcreso.533em.vr 4 .. PUBLIC NOTICE RE: 533 E. MAIN ST., VESTED RIGHTS NOTICE IS HEREBY GIVEN that a public hearing will be held on Wednesday, February 10, 1993, at a meeting to begin at 5:00 p.m. before the Aspen Historic Preservation Committee in the Second Floor Council Chambers, City Hall, 130 South Galena Street, Aspen, Colorado, to consider a request by John McGuire, representing the Archdiocese of Denver, owner of St. Mary's Church, for vested rights approval for the site specific development plan approved by the HPC on May 13, 1992 for the parcel located at Lots A-I, Block 93, City and Townsite of Aspen, Colorado, also known as 533 E. Main St., Aspen. For further information, contact the Aspen/Pitkin Planning Office at 130 South Galena Street, Aspen, Colorado, 81611. (303) 920-5090. s/William J. Poss, Chairman Aspen Historic Preservation Committee Published in the Aspen Times on January 15, 1993 City of Aspen account pub.notice.533em.vr .. PUBLIC NOTICE RE: 533 E. MAIN ST., VESTED RIGHTS NOTICE IS HEREBY GIVEN that a public hearing will be held on Wednesday, February 10, 1993, at a meeting to begin at 5:00 p.m. before the Aspen Historic Preservation Committee in the Second Floor Council Chambers, City Hall, 130 South Galena Street, Aspen, Colorado, to consider a request by John McGuire, representing the Archdiocese of Denver, owner of St. Mary's Church, for vested rights approval for the site specific development plan approved by the HPC on May 13, 1992 for the parcel located at Lots A-I, Block 93, City and Townsite of Aspen, Colorado, also known as 533 E. Main St., Aspen. For further information, contact the Aspen/Pitkin Planning Office at 130 South Galena Street, Aspen, Colorado, 81611. (303) 920-5090. s/William J. Poss, Chairman Aspen Historic Preservation Committee Published in the Aspen Times on January 15, 1993 City of Aspen account pub.notice.533em.vr