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Ordinance No. 28, Series 1998
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ORDINANCE NO. 28
(Series of 1998)
AN ORDINANCE OF THE ASPEN CITY COUNCIL DESIGNATING 950
MATCHLESS DRIVE (LOT 4A, BLOCK 1, DUNNIBISHOP SUBDIVISION
EXEMPTION, CITY OF ASPEN, COLORADO) AS AN HISTORIC LANDMARK
PURSUANT TO SECTION 26.76.030 OF THE ASPEN MUNICIPAL CODE;
APPROVING A LANDMARK DESIGNATION GRANT OF $2,000 PURSUANT
TO SECTION 26.76.040(C) OF THE ASPEN MUNICIPAL CODE; AND,
WAIVING THE PARK DEVELOPMENT IMPACT FEES ASSOCIATED WITH
THE HISTORIC PROPERTY PURSUANT TO SECTION 26.44.060 OF THE
ASPEN MUNICIPAL CODE.
Whereas, Mr. Alan Becker, owner, has applied for the following: Historic
Landmark designation for 950 Matchless Drive pursuant to Section 26.76.040 of the
Municipal Code; a Landmark Designation Grant of $2,000 pursuant to Section
26.76.040(C) of the Municipal Code; and, a waiver of Park Development Impact Fees
pursuant to Section 26.44.060 of the Municipal Code; and,
Whereas, the Historic Preservation Commission (hereinafter "HPC") .c
recommended, by a 7-0 vote, Historic Designation at a public hearing on June 10, 1998;
and, the Planning and Zoning Commission recommended, by a 6-0 vote, Historic
Designation of the property at a public hearing on June 16, 1998; and,
Whereas, City Council, pursuant to Section 26.76, has the authority to designate
a property an Historic Landmark during a public hearing after considering the review
criteria of said Section, after considering recommendations made during public hearings
from the Historic Preservation Commission and the Planning and Zoning Commission,
and after taking and considering public comment; and,
Whereas, the City Council may approve a one-time Historic Landmark grant of
$2,000 and may waive park development impact fees associated with properties
designated as an Historic Landmark; and,
Whereas, during a public hearing, City Council has taken and considered public
comment, considered the recommendations of the Community Development Department,
the Historic Preservation Commission, and the Planning and Zoning Commission; and,
Whereas, pursuant to Section 26.76, the City Council has found the property
meets standards B (architectural importance), D (neighborhood character), and E
(community character), thereby determining the property eligible for Historic Landmark
designation; and,
Whereas, the City Council finds that this Ordinance furthers and is necessary for
the public health, safety and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
Ordinance No. 28, Series 1998
Page 2
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Section One
That the structure and property at: 950 Matchless Drive, (Lot 4A, Block 1, DunnlBishop
Subdivision Exemption, City of Aspen, County of Pitkin, State of Colorado), be
designated an Historic Landmark.
Section Two
That the property owner shall receive a $2,000 landmark designation grant from the City
of Aspen, and that the Park Development impact fees associated with this landmark
designated property shall be waived in their entirety.
Section Three
That the Official Zone District Map be amended to reflect the Historic Landmark
designation of this property as described in Section One.
Section Four
That the Community Development Director shall be directed to notify the City Clerk of
said designation, and the City Clerk shall record this Ordinance with the Pitkin County
Clerk and Recorder.
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Section Five
That 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.
Section Six
A public hearing on this Ordinance was held on the 10th day of August, 1998, at 5 :00 p.m.
in the City Council Chambers, Aspen City Hall, Aspen, Colorado, 15 days prior to which,
notice of the same was published in a newspaper of general circulation within the City of
Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED nd.....b: law,
by the City Council of the City of Aspen on the ~ day 0 1998.
Approved as to form: Approved as to content:
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Attorney
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John ennett,Mayor
Attest:
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Ordinance No. 28, Series 1998
Page 3
FINALLY, adopted, passed and approved this /3 day O~1998.
Approved as to form:
Approved:
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City torney
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John ennett, Mayor
Attest: