HomeMy WebLinkAboutordinance.council.033-13 RECEPTION#: 606033, 12/02/2013 at
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1 OF 2, R $16.00 Doc Code ORDINANCE
ORllINANCE NO. 33 Janice K. Vos Caudill, Pitkin County, CO
(Series of 2013)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
AMENDING ORDINANCE NO. 21 (SERIES OF 1988) TO REMOVE A CONDITION OF
SAID ORDINANCE FOR THE PROPERTY LOCATED AT 300 W. MAIN STREET,
LEGALLY DESCRIBED AS LOTS Q, R AND S, BLOCK 44, CITY AND TOWNSITE
OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO.
PARCEL ID #: 2735-124-41-006
WHEREAS, the Community Development Department received an application from Mittel
Europa Properties, LLC, represented by Alan Richman Planning Services, Inc., requesting an
amendment to Ordinance No. 21 (Series of 1988) to remove a condition of approval for Historic
Landmark designation of the property located at 300 W. Main Street, Lots Q, R and S, Block 44,
City and Townsite of Aspen, County of Pitkin, State of Colorado, and
WHEREAS, the subject property is zoned Mixed Use (MU) and contains a single-family house;
and
WHEREAS, on June 13, 1988, Aspen City Council approved Historic Landmark designation of
the property with a condition via Ordinance No. 21 (Series of 1988) Section 2; and
WHEREAS, upon review of the application and the applicable code standards, the Community
Development Department recommends approval of the amendment; and
WHEREAS, during a public hearing on September 9, 2013, the Aspen City Council approved
Ordinance No. 33, Series 2013, by a five to zero (5-0)vote; and,
WHEREAS, the City Council finds that the proposal meets or exceeds all applicable development
standards and that the approval of the proposal is consistent with the goals and elements of the
Aspen Area Community Plan; 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, COLORADO,"THAT:
Section 1
Pursuant to the procedures and standards set forth in "Title 26 of the Aspen Municipal Code, the
City Council hereby amends Section 2 of Ordinance No. 21 (Series of 1988)to maintain Historic
Landmark designation of the property located at 300 W. Main Street without any condition of
approval.
300 W. Main
Ordinance #33, Series of 2013
Page 1 of 2
Section 2
Release of the existing Declaration of Restrictive Covenants, recorded February 2, 1989 with the
Pitkin County Clerk and Recorder in Book 585 at Page 489, is authorized by the City of Aspen
Mayor's signature and recordation of the "Termination of Covenants provided by the applicant
within 180 days of the signing of this Ordinance.
Section 3:
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 4:
"This ordinance shall not have any effect on existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances amended as herein
provided, and the same shall be construed and concluded under such prior ordinances.
Section 5:
A public hearing on the ordinance shall be held on the 91h day of September, 2013, 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 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 12"' day of August, 2013.
f
Attest: f i
Kathryn Ko, , City Clerk Steven Skadrotl, Mayor
i
FINALLY, adopted, passed and approved this day of 2013.
Attest: /
Kathryn Koc City Clerk Steven Skadton, Mayor
Approved as to form:
im True, City Attorney
300 W. Main
Ordinance#33, Series of 2013
Page 2 of 2
Ad Name: 9450603A LEGAL NOTICE j
ORDINANCE#33,2013 PUBLIC HEARING r
Customer: Aspen (LEGALS) City of Ordinance#33,Series of 2013,was adopted on \JJJ F
Your account number: 1013028 first reading at the City Council meeting August
2013. This ordinance,if adopted will approve de-
leting a condition from Ordinance#21,1988,re-
garding 300 W.Main. The public hearing on this
ordinance is scheduled for September 9,2013,at 5
PM,City hall,130 South Galena.
PROOF OF PUBLICATION To see the entire text,go to the city's legal notice
website
http://www.as pe n pitki n.coMD epartme nts/C le rk/Le-
gal-Notices/
If you would like a copy FAXed,mailed or e-mailed
to you,call the city clerk's office,429-2686.
T21 A:111 TIME: Published in the Aspen Times Weekly on August
15,2013. [94506031
STATE OF COLORADO,
COUNTY OF PITKIN
I,Jim Morgan, do solemnly swear that I am General
Manager of the ASPEN TIMES WEEKLY, that
the same weekly newspaper printed,in whole or in
part and published in the County of Pitkin, State of
Colorado, and has a general circulation therein;that
said newspaper has been published continuously and
uninterruptedly in said County of Pitkin for a period
of more than fifty-two consecutive weeks next prior
to the first publication of the annexed legal notice or
advertisement.
The Aspen Times is an accepted legal advertising
medium, only for jurisdictions operating under
Colorado's Home Rule provision.
That the annexed legal notice or advertisement was
published in the regular and entire issue of every
number of said daily newspaper for the period of 1
consecutive insertions;and that the first publication
of said notice was in the issue of said newspaper
dated 8/15/2013 and that the last publication of
said notice was in the issue of said newspaper dated
8/15/2013.
In witness whereof,I have here unto set my hand
this 08/20/2013.
Jim Morgan,General Manager
Subscribed and sworn to before me,a notary public
in and for the County of Garfield,State of Colorado
this 08/20/2013.
Pamela J. Schultz,Notary Public
Commission expires:November 1,2015
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