HomeMy WebLinkAboutresolution.council.048-01 ~?' RESOLUTION # 48
· (Series of 2001)
RESOLUTION ADOPTING A STIPULATED ORDER REGARDING
PENALTIES FOR THE HISTORIC PRESERVATION VIOLATIONS AT THE
SCHELLING PROPERTY LOCATED AT 213 WEST BLEEKER STREET,
ASPEN, COLORADO
WHEREAS, the Aspen Historic Preservation Commission conducted hearings on
the alleged demolition of a house on the historic inventory, located at 213 West Bleeker
Street, Aspen, Colorado, and
WHEREAS, the Aspen Historic Preservation Commission determined that sanctions
against the owner/contractor were appropriate, and
WHEREAS, the Aspen Historic Preservation Commission adopted Findings of Fact
and a Recommended Order for the Schelling Property located at 213 West Bleeker Street,
Aspen, Colorado, which were set forth in Resolution No. 13, Series of 2001 of the Aspen
Historic Preservation Commission and which is attached hereto and incorporated herein
as Exhibit A, arid
WHEREAS, after a public hearing held before the Aspen City Council on April 23ra,
200 I, at which Schelling and the City Council reached tentative agreement on a
stipulated order resolving the issues and providing for penalties, and
WHEREAS, attorneys for Schelling and the City have reached a proposed settlement
order with only one outstanding issue, that of whether the property shall remain on the
historic inventory, and
WHEREAS, Council has determined that the property should remain on the historic
inventory because of a historic shed and because of the need for HPC to review the
remediation plan, and
VqrItEREAS, Council wants the minutes to go forward to HPC recommending that
HPC carefully review the snow shedding from the house and that HPC review and
address any building code violations.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
Section 1.
That the City Council of Aspen hereby adopts the "stipulated order," which is attached
hereto as Exhibit B, with the amendment that the property at 213 West Bleeker shall
remain on the historic inventory.
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing
is a tree and accurate copy of that real, on adopted by the City Council of the City of
Aspen, Colorado, at a meeting held .i~1~ .¢'~, 2001.
Kathryn S. K~h, City Clerk
ST~ULATED ORDER
The Aspen City Council has concluded by a preponderance of the evidence that Ron Schelling violated
Historic Preservation Commission approvals and the building plan at 213 West Bleeker, Aspen. Thus,
the Aspen City Council, and Ronald and Lori Schelling agree, that the City Council may impose the
following penalties upon Ronald and Lori Schelling:
1. Require Mr. and Mrs. Schelling to submit a remediation plan to the City of Aspen for its
review and approval, said plan to result in a residence conforming to the original
approved plans pursuant to permit # 1379.2000 issued August 22, 2000 retaining the
variances shown thereon pursuant to HPC resolution No. 11, Series of 2000 and
rendering attached to this Order. Until approval of remediation plan no construction,
demolition, or other alteration of the property at 213 West Bleeker shall occur except
completion of the foundation diaphragm and backfill that has been permitted as limited
exception to the red-tag because of safety considerations. The remediation plan shall be
reviewed and approved by the Aspen Historic Preservation comnmssion.
2. There shall be no increase in the FAR, now or in the future, said covenant and agreement
to be evidenced by a recorded covenant recorded against the property.
3. The landmark status of the property is revoked and removed from the property. The
property shall remain on the inventory but will not be eligible for any further HPC
benefits other than the variances originally granted by HPC.
4. Mr. and Mrs. Schelling shall pay a penalty in the amount of $120,000.00. Said penalty
shall be payable upon the first of the following to occur:
A.
(1) $25,000.00 payable contemporaneously with written acceptance by the City of the
remediation plan and reinstatement of building permit for construction.
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(2) $25,000.00 payable one year fi.om the date of signing of this Stipulated Order;
(3) $25,000.00 payable two years from the date of signing this Stipulated Order,
(4) $45,000,00 payable three years from the date of signing this Stipulated Order, or
B. Contemporaneously with the closing of a sale of the property by the Schelling.
However, in the event that the Schellings are actually ~n receipt of money from either
Palomino-Barth Architects or Jack Palomino, Architect. in connection with his activities
relating to the property, to the extent the above sum is unpaid by the Schellings, all
money from Palomino to the extent necessary to pay the balance, if any, of the penalty
shall be paid to the City of Aspen by the Schellings to reduce the above amounts.
Payment of the remaining $95,000.00 shall be evidenced by a promissory note secured by
a second deed of trust encumbering the property which is the subject of this order.
3. Mr. and Mrs. Schelling shall write a letter of apology to the community concerning the
damage to the historic resource, which shall be reviewed as to ~orm by the City Attorney
and which shall be submitted to the Aspen Times and the Aspen Daily News no later than
then (10) days after signing of this Stipulated Order.
AGREED BY TIlE ASPEN CITY COUNCIL at its regular meeting on the 29th day of May,
2001.
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Agreed:
CITy OF ASPEN
: ~~ ATTEST
]~Y~y
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