HomeMy WebLinkAboutordinance.council.033-01 ORDINANCE NO. 33
SERIES OF 2001
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN
EXTENDING A SUSPENSION OF THE OPERATION OF SECTION 26.420.080
OF THE MUNICIPAL CODE, RELATING TO THE INVENTORY OF
HISTORIC SITES AND STRUCTURES, FOR AN ADDITIONAL SIX MONTH
PERIOD
WHEREAS, at a joint Council/HPC worksession on February 7, 2001, City Council
directed Community Development Department staff to develop a plan for improving the
historic inventory process and other aspects of the City's historic preservation program.
Said plan was presented to Council and endorsed on February 20, 2001. The plan
included a request to temporarily suspend reviews of any requests to de-list from the
current inventory so that staff could have the time to focus on completing the program
overhaul. All other normal operations related to historic preservation, including caseload
review, would continue; and
WHEREAS, City Council agreed that this course of action was appropriate and
approved, via Ordinance #10, Series of 2001, a six month suspension, set to expire on
August 26, 2001; and
WHEREAS, although substantial progress has been made during the six month period,
the final product, which includes amendments to the Municipal Code that will require
review by Council, have not been completed by the expiration of the stay; and
WHEREAS, the .Community Development Department requests Council approval of a
six month extension of the stay, retroactive to August 27, 2001, to allow time for review
and adoption of the new ~nventory process, associated regulations, and preservation
benefits; and
WHEREAS, an appeal method established as part of Ordinance #10, Series of 2001 is
provided in this ordinance so that an owner may ask to have his property evaluated under
the current system if there are special conditions or circumstances which make waiting
for the adoption of the new system onerous; and
WHEREAS, the City Council has determined that a significant number of citizens have
an interest in seeing the historic preservation provisions of the Municipal Code amended
to enact procedures that are consistent, fair, and predictable; and
WHEREAS, the City Council has determined that an additional period of up to six
months is needed to bring the progress that has been made to date before the citizens for
comment and the review boards for adoption; 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 the operations 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, from August 27, 2001 until February 27, 2002.
Section 2:
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 after as is practical, shall
conduct a hearing in accordance with Chapter 26.316, Appeals, 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 purpose, 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 the operation of this
Ordinance, which is not available to other similarly situated property owners.
Section 3:
This Ordinance shall not affect 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.
Section 5: A public hearing on the Ordinance was held on the 10th day of September,
2001 at 5:00 P.M. in the City Council Chambers, Aspen City Hall, Aspen Colorado,
fifteen (15) days prior to which hearing a public notice of the same was published once in
a newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the
City Council of the City of Aspen on the 13th day of August, 2001.
'KathrY ~n,S./~ocfiTcity Clerk -
APPROVED AS TO FORM:
John Worc~[t~r,~City Attorney
FINALLY, adopted, passed and approved this 10th day of Sc ~te. ~er, 20ill.
/~I~le~g din~ ~i~n~md, Mayor
_ -AT~EScTz.
Kathryn S//~ch, City Clerk