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HomeMy WebLinkAboutbocc.res.030.2013 RECEPTION#: 599820, 05/28/2013 at 09:42:09 AM, 1 OF 3, R $0.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITHIN COUNTY, COLORADO,GRANTING APPROVAL FOR THE INN AT ASPEN ACTIVITY ENVELOPE, SITE PLAN,EXPANSION OF A NON-CONFORMING USE/STRUCTURE WITH SIGNIFICANT CHANGES BOCC Resolution No.030-2013- Recitals 1. The Inn at Aspen ("hereafter the Applicant") has applied to the Pitkin County Board of County Commissioners ("BOCC") for Activity Envelope, Site Plan, and Expansion of a Non-Conforming Use/Structure with Significant Changes to construct an ADA accessible elevator, increase the height of the entry or"porte cochere"at the front of the building, and extend this height through to the rear of the building where a new rear entry as also been proposed. 2. The Inn at Aspen is located at 38750 Hwy 82 and is considered a legal non-conforming use/structure in the AR-2 Zone District. Legal Description, Attachment A. 3. The BOCC heard this application at a duly noticed public hearing on May 8th, 2013, at which time evidence and testimony were presented with respect to this application. 4. The BOCC finds that the proposal demonstrates compliance with Activity Envelope and Site Plan Review and that the proposal is a result of meeting practical difficulties and hardships of the existing condition of the building and will improve the function and appearance of the building. NOW THEREFORE BE IT RESOLVED by the Pitkin County Board of County Commissioners that it hereby grants approval for the Inn at Aspen Activity Envelope, Site Plan, and Expansion of a Non- Conforming Use/Structure with Significant Changes subject to the following conditions, which shall run with the land and be binding on all successors in interest: 1. The Applicant shall adhere to all material representations made in the current or prior applications or in public meetings or hearings and shall consider those representations to be conditions of approval, unless amended by other conditions. 2. Prior to submission of any future permit applications, the Applicant shall be required to submit for approval by the County Attorney and Community Development a Site Plan with an Activity Envelope in accordance with Land Use Code Section 2-30-20(g) and Application Manual Section 2.1.12 The above referenced approvals shall be a condition precedent to finalization and recordation. 3. The additions shall utilize indigenous earth tone colors on facades and non-reflective roofing or colors and material similar and consistent with the existing colors and materials of the building. 4. The additions to the building shall be constructed with a Class A covering or Class A Assembly as defined by the currently adopted building code. No wood shakes or shingles shall be used. The Applicant shall comply with all Aspen Fire District regulations. 5. At building permit application,the Applicant shall: • Resolution No. -2013 Page 2 of 2 A. Submit a construction management plan for review and approval by Planning/Zoning showing the locations of staging, material storage and employee and construction traffic parking. B. Pay the applicable road impact fees. C. Pay the applicable affordable housing impact fee. D. Submit a lighting plan in conformance with the Code. 6. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use Code, § 2-20-170 and C.R.S., § 24-68-105. The statutory vested rights granted herein shall expire on May .A , 2016. . 7. Failure to comply with the conditions of this approval may result in revocation of this approval, or any subsequent permit(s) or approval(s) related to this property, or vested rights associated with this property. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES on the 4th day of April, 2013. PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS IN THE ASPEN TIMES WEEKLY ON Wyt'G L ,0/3 . APPROVED AND ADOPTED at a public hearing on the 8th day of May, 2013. • EST: BOARD OF COUNTY COMMISSIONERS OFOTKIN COUNTY,COLO. • 1O Jean e Jones / George Newman, ' Dep ' Clerk Chairman ]] Date: • 3-- l APPROVED AS TO FORM: APPROVED AS TO CONTENT: ___ _or, ro, (._,k,Q_\,. a./ Lc■-■ John„ ,- y Hou en, • r • • orney Community Development Director Case# P025-13 PID#:273502307800 9- 4 cwt (— A The project legal description is: COMMON AREAS AND COMMERCIAL CONDOMINIUM UNITS A-1, A-2, B-1, B- 2, B-3, C-1, C-2, D-1, D-2, C-3 AND CONDOMINIUM UNIT 1102, THE INN AT ASPEN, A CONDOMINIUM, ACCORDING TO THE CONDOMINIUM DECLARATION RECORDED AUGUST 21, 1984 IN BOOK 471 AT PAGE 794 AND THE REFORMATION OF DECLARATION RECORDED NOVEMBER 21, 1985 IN BOOK 499 AT PAGE 536 AND FIRST AMENDMENT RECORDED NOVEMBER 3, 2003 UNDER RECEPTION NO. 490675 AND SECOND AMENDMENT RECORDED JUNE 25, 2012 UNDER RECEPTION NO. 590057 AND AS FURTHER DEFINED AND DESCRIBED IN THE CONDOMINIUM MAP RECORDED AUGUST 21, 1984 IN PLAT BOOK 16 AT PAGE 52. • This legal description was provided by: Jody Edwards of Klein, Cote & Edwards, LLC 201 North Mill St. Ste. 203 Aspen, Co. 81611 (970) 925-8700