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HomeMy WebLinkAboutresolution.council.005-11 A RESOLUTION OF THE ASPEN CITY COUNCIL EXTENDING THE ORDINANCE #48, SERIES OF 2007, NEGOTIATION FOR HISTORIC PRESERVATION OF THE GIVEN INSTITUTE, 100 E. FRANCIS STREET Resolution No.5, Series of 2011 WHEREAS, the property at The Given Institute, 100 E. Francis Street, is subject to Ordinance #48, Series of 2007. This Ordinance identifies potential historic resources and creates a review process for any proposed alterations. The Ordinance also establishes a framework for City Council to negotiate with the property owner to secure voluntary historic designation; and WHEREAS, The Regents of the University of Colorado, owners of The Given Institute, have communicated their intention to demolish the buildings located at 100 E. Francis Street, which property is legally described as: All of Block 63, part of Francis Street and part of Center Street as shown on the City and Townsite of Aspen Map; a portion of the NW 1 /4S W 1 /4 of Section 7, T. 10 S., R. 84 W. and a portion of the NE 1 /4SE1 /4 of Section 12, T.10 S., R. 85 W. all in the 6 P.M.; Beginning at a point on the north line of said Francis Street and 24.00 feet easterly of the west line of said Center Street also known as Garmisch Street, from which the East 1/4 corner of said Section 7 bears N08 DEGREES 54'19" E a distance of 926.25 feet, with all bearings being relative to N14 DEGREES 50'49 "E along the centerline of Garmisch Street; thence N14 DEGREES 50'49 "E a distance of 121.59 feet; thence N33 DEGREES 03'19"E a distance of 42.21 feet; thence N07 DEGREES 19'05 "E a distance of 112.35 feet; thence S70 DEGREES 18'15 a distance of 239.94 to the southwest corner of the vacated parcel described at Reception #405579 (Ordinance #13, Series of 1997, City of Aspen); thence along the boundary of said vacated parcel the following four (4) courses NO2 DEGREES 00'00 "W a distance 18.56 feet; thence S72 DEGREES 18'08 "E a distance of 44.16 feet; thence S79 DEGREES 11'00 "E a distance of 7.90 feet; thence S15 DEGREES 15'22 "W a distance of 20.06 feet to the northeast corner of that parcel of land described at said Reception #499350; thence S06 DEGREES 18'51 "W a distance of 103.11 feet; thence S18 DEGREES 12'00 "W a distance of 108.73 feet; thence S09 DEGREES 25'21"E a distance of 52.10 feet; thence S23 DEGREES 21'00 "E a distance of 83.49 feet to southerly line of Francis Street extended easterly; Thence N75 DEGREES 09'11"W along the north line of Block 64, City and Townsite of Aspen, a distance of 288.99 feet to the northwest corner of said Block 64; thence N30 DEGREES 59'37 "W a distance of 107.34 feet to the point of beginning. County of Pitkin, State of Colorado; and WHEREAS, The University of Colorado asserts that as a state entity, it is not legally bound by City of Aspen ordinances; and WHEREAS, The University of Colorado has indicated that it is voluntarily participating in a ninety day negotiation process established by Ordinance #48, Series of 2007, relative to potential historic resources identified in the City of Aspen; and WHEREAS, Section 26.415.025 (e) of the Municipal Code, which codifies Ordinance #48, states that "the Community Development Director shall confer with the Historic Preservation Commission, during a public meeting, regarding the proposed building permit and the nature of the Potential Historic Resource. The property owner shall be provided notice of this meeting with the Historic Preservation Commission;" and WHEREAS, The Community Development Director shall confer with the City Council regarding the proposed building permit, the nature of the Potential Historic Resource, and the staff and Historic Preservation Commission's assessment of the Resource and the effects of the building permit upon the resource. The property owner shall be provided notice of this meeting with City Council; and WHEREAS, negotiation discussions are on -going and currently scheduled before the Historic Preservation Commission, Planning and Zoning Commission and City Council; and WHEREAS, City Council finds that an extension is necessary to execute a draft Memorandum of Understanding with the University of Colorado, or to explore other preservation solutions. The University of Colorado has agreed to an extension until February 15, 2011. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: The negotiation period established by Ordinance #48, Series of 2007, as it affects the property at The Given Institute, 100 E. Francis Street, is hereby extended to February 15, 2011. APPROVED by the City Council by a vote of COD at its regular meeting on January 10, 2011. Approved as to form: HP5hi orcester, City Attorney Atte Mayor: Alf AP jeeld '2 ( - Kathryn Koc ', City Clerk Michael C. Ireland, Mayor