HomeMy WebLinkAboutresolution.council.024-01 RESOLUTION NO. 24
SERIES OF 2001
A RESOLUTION OF THE ASPEN CITY COUNCIL FINDING THE HISTORIC
PRESERVATION COMMISSION EITHER DENIED DUE PROCESS, EXCEEDED
THEIR JURISDICTION, OR ABUSED THEIR AUTHORITY DURING THE
JANUARY 24, 2001, HEARING REGARDING THE REMOVAL OF 2 WILLIAMS
WAY FROM THE INVENTORY OF HISTORIC SITES AND STRUCTURES AND
REMOVING SAID PROPERTY FROM THE INVENTORY OF HISTORIC SITES
AND STRUCTURES.
Parcel ID: 2737-074-00-030
WHEREAS, 002 Williams Way, the property, was included on the Inventory of
Historic Sites and Structures. the "Inventory," pursuant to Ordinance 18, Series of 1999,
after being rated as a "supporting" historic resource; and,
WHEREAS, Scott Hicks and Maureen Kinney, owners of the property, requested
removal from the Inventory of Historic Site and Structures; and,
WHEREAS, Section 26.420.080 of the Land Use Code authorizes the Historic
Preservation Commission to evaluate properties listed on the Inventory regarding their current
architectural integrity, historic significance, and commumty and neighborhood influence
according to the procedures and criteria of said section and upon a recommendation by the
Commnnity Development Director; and,
WHEREAS, the Community Development Director evaluated the property and
recommended the property continue to be listed as a "supporting" resource on the
Inventory; and,
WHEREAS, at a regular meeting on January 24, 2001, the Historic Preservation
Commission considered the recommendation of the Community Development Director,
presentation by the property owners, and comments made by members of the general
public, and denied the removal request by a 6-0 vote; and,
WHEREAS, the owners of the property appealed the Historic Preservation
Commission decision to the City Council pursuant to Section 26.415.040 of the Land Use
Code; and,
WHEREAS, the Aspen City Council has reviewed and considered the record of
proceedings from the January 24, 2001, Historic Preservation Commission heating, verbal
and written reports from the Commtmity Development Director and the owners of the
property, and has taken and considered public comment at a public heating; and,
WHEREAS, the City Council finds that the Historic Preservation Commission either
denied due process, exceeded their jurisdiction, or abused their authority; and,
City Council Resolution No , Series of 200i, page 1
WHEREAS, pursuant to Section 26.415.040, upon such finding the City Council
may take any such action as deemed necessary as a remedy; and,
WItEREAS, the City Council has determined that the most appropriate remedy for
this specific circumstance is to remove the property from the Inventory of Historic Sites
and Structures.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO as follows:
Section 1:
The City Council finds the Historic Preservation Commission either denied due process.
exceeded their jurisdiction, or abused their authority in the January 24, 2001 heating
regarding the request to remove 2 Williams Way from the Inventory of Historic Sites and
Stmctures.
Section 2:
The real property known as 2 Williams Way, parcel ID No. 2737-074-00-030, shall be and is
hereby no longer included on the Inventory of Historic Sites and Structures.
Section 3:
This Resolution shall not affect any existing litigation and shall not operate as an abatement af
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:
I~ any section, subsection, sentence, clause, phrase, or portion of this Resolution 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 duly noticed public hearing on this Resolution was held on the 12th day of March, 2001, at
5:00 in the City Council Chambers, Aspen City Hall, Aspen, Colorado.
FINALLY, adopted, passed and approved this day of ,2001.
Approved as to form: Approved as to content:
City Attorney Rachel E. Richards, Mayor
City Council Resolution No. , Series of 2001, page 2
Attest:
Kathryn S. Koch, City Clerk
C:~home\Chris\CASES~2Williams\CC_Re so.doc
City Council Resolution No. , Series of 2001, page 3