HomeMy WebLinkAboutordinance.council.010-01 EXHIBIT A
ORDNANCE NO.
SERIES OF 2001
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN
ENACTING A SIX MONTH SUSPENSION OF THE OPERATION OF SECTION
26.420.080 OF THE MUNICIPAL CODE RELATING TO ASPEN'S INVENTORY
OF HISTORIC SITES AND STRUCTURES.
WHEREAS, at a Joint Work Session on February 7, 2001, the City Council
directed Community Development Staff to develop a plan / strategy as to how the
Community Development Staff should proceed with the Historic Inventory, as well as
other aspects of the City's historic preservation program; and
WHEREAS, at a Work Session on Tuesday, February 20t~, 2001, the City
Council reviewed a historic preservation plan / strategy proposed by the Community
Development Staff; and
WHEREAS, the Conununity Development Staff has recommended that City
Council pass an ordinance suspending all actions on the inventory list (including current
requests to be de-listed) for six months; and
WHEREAS, Community Development Staff shall continue evaluating current
Historic Preservation caseload (proposed additions and remodels of properties currently
on the inventory or within a historic district) during this suspension of activity regarding
the Inventory; and
V~rIEREAS, at a public hearing, which was legally noticed and held at a regular
meeting of the Aspen City Council on February 26t~, 2001, the City Council considered
this temporary six-month suspension of all activity related to Aspen's Inventory of Historic
Sites and Structures and approved this request; and
WHEREAS, the City Council has detemqined that a significant number of citizens
have asked that the section of the land use code relating to the inventory of historic sites and
structures be amended immediately to enact procedures and standards that are fair; and
WHEREAS, the City Council has determined that a six month stay of the operation
of Section 26.480.080 of the Municipal Code must begin immediately to protect certain
historic resources of the City; and
WHEREAS, the City Council has determined that a six month period is the
minimum amount of time that will be required by Staff to recommend appropriate
amendments to Section 26.480.080 of the Municipal Code; and
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for
the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN AS FOLLOWS:
Section 1:
That an emergency exists necessary to protect the health, peace, safety, and welfare of the
Community. Accordingly this ordinance shall be considered an emergency ordinance in
accordance with section 4.11 of the City of Aspen Home Rule Charter~
Section 2:
That the operation of Section 26.420.080 of the Municipal Code, relating to the
establishment of an inventory of historic sites and structures shall be stayed for a period
of six months beginning upon final passage of this ordinance to enable City Staff to
evaluate the effectiveness of said section of the City's land use code and to make
recommendations to the City Council for appropriate amendments to the Municipal Code.
Section 3:
The owner of any property currently listed on Aspen's Inventory of Historic Sites and
Structures pursuant to Section 26.420.080 of the Municipal Code, may appeal to the City
Council for relief from the operation of this ordinance. The City Council, within thirty days
of the filing of a written notice of appeal or as soon thereafter as is practical, shall conduct a
heating in accordance with Chapter 26.316 of the Municipal Code. The City Council may
grant relief from the operation of this ordinance upon a finding that:
1. the relief is generally consistent with the propose, goals, objectives and policies
of the Aspen Area Community Plan and Chapter 26.420 of the Municipal Code;
and
2. there are special conditions or circumstances which are unique to the applicant
or the parcel; and
3. the granting of relief from the operation of this ordinance shall not confer any
special privilege upon the applicant, other than relief from operation of this
ordinance, which is not available to other similarly situated property owners.
Section 3:
This ordinance shall not effect any existing litigation 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 ordinance 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.
INTRODUCED, READ AND ORDERED PUBLIS~-IED as provided by law, by the City
Council of the City of Aspen on this ~(~ day of ~A~ 2001.
Attest:
FE~Igcl;-L¥, adopted, passed and approved as an emergency ordinance pursuant to Section
4.11 ofthe City Charter this o~- dayof~,2001.
Attest:
Kathryn S.~och, City Clerk chard
Approved as to form:
John ~Vor~est'er, City Attorney