The URL can be used to link to this page

Home My WebLink Aboutordinance.council.009-91 . - - ORDINANCE NO. ~ (Series of 1991) AN ORDINANCE OF THE ASPEN CITY COUNCIL AMENDING SECTION 7-602; DEMOLITION, PARTIAL DEMOLITION OR RELOCATION; OF THE ASPEN LAND USE REGULATIONS WHEREAS, the Historic Preservation Co~ittee has identified language in the Aspen Land Use Code which is in need of correction; and WHEREAS, the Aspen Planning and Zoning Commlssion revlewed the proposed amendments at a duly noticed public hearlng on Barch 19, 1991; and WHEREAS, the Aspen Planning and Zoning commission recommends to the Aspen City Council approval of said amendments, 'which provide a reasonable exemption process for non-hlstor ic, non- contrlbuting buildings wlthin a historic district. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1: 'Chat Art:.cle 7, Sec. 7-6C2. ;)er-.c:'ltic:-., partial derc:':.tic:1 or relocation, of Chapter 24 of the Aspen Municipal Code is hereby amended to read as follows: Section 7-602. Demolition, partial demolition or relocation. A. Gen.eral. No deJl1olition, partial demolition or relocation of any structure included in the Inventory of Historic Sites and Structures of the Clty of Aspen, established pursuant to Section 7-709, or any structure within an "H" Historic Overlay . e e District shall be permitted unless the demolition, partial demolition or relocation is approved by the HPC because it meets the applicable standards of Sectlon 7-602 (B) ,(C) or (0), unless exempted pursuant to Sectlon 7-602(E). ~-~~~~e~-~~~-~~-~e~e~e~-~-~-~O~~iOM-~-~-~~e~e~~e r~~~~~~--e~--~~~--~~~~~~~--w~~~~~--~~--~H~,--H~e~~~--e~e~r~y 9~~~l:'i-e~--eh-~}-}-- -b-e-- per !Il-~ - -un-l:-€-s-s--~--by-- ~l'Ie--HPe--= ~eee~~~~~-~~-~~e-~~~~~-~l'Ie-~,-a~d-~-~ ~ee~e-~fte-~~~~-&ee~~e~-9-e~e~i€t7-~-un-l:-€-s-s-~-~~~~~&i d:e~r~~~e~-a~d-~efl\e~e~- ~~ ~- -bece-uge--:i:-';:--cr <:5 t<:a "'1N"~~-~ ~~ -ex-eeJ:' i OJ:' - 0: - ~l'Ie- ~-t~"::l-f"e- -M"rd- -he-&- ~ -~~ ~ -~ --e~~~ae~ e~-~~-e~~~e~~~ ~-~~r-~--~~~-~-4Me~~dee--~~-~-~M~eM~e~y--ei H ~e~~i-e - si ~es- -e:nd- -&~l:'~~~~ee - ~- ~ -e~~:t - ~- ;,a pi r,- -ee~~:e.r~~~ed ~~~~~~~~--~-~~--r-~,-~-~-~~~-w4~l'I4M--aM--~Hu Hi~~~~-~ve~r~:t--ei~-eJ:'ie-eT--~l'Ie~~--~-~~~-~~--~~ ~eree~~i-e~-i~-e~e"fed-+:ry-k-he--HP()-~-~ rr,cct'8 -~-e~~l'\'d~l"d,~ e~ -8 eeHoM - 9-6-e~i &7 i -i.,. - k~ -{-<i-j-.- - -when- clce.rr~ -~~l:'~a-'e-e~_ ~-~-~~~-~--~l'Ie--~~o,ee-eT--~~-~-~-~e~~J:'ie--a ~~~~~~~-~~e~eM~ee-~~~-~~~-aeee~~e~ie-k~~~~-~~~~~~ a-e--e~~---e"a-e--~l'Ie--~~k~~--~tial -~~r~~i--eJ:' ~ree~~re~~~rr-:e.e-ee~~re~-~e-~~~~~ 2 . - - B. standards for review of demolition. No approval for demolition shall be granted unless the HPC finds that all of the following standards are met. 1. The structure proposed for demolltion is not structurally sound despite evidence of the owner's efforts to properly maintaln the structure; and 2. The structure cannot be rehabilitated or reused on site to provide for any reasonable beneficial use of the property; and 3 . The structure cannot be practicably moved to another site ln Aspen; and 4. The applicant demonstrates that the proposal mitigates to the greatest extent practical, the following: a. Any impacts that occur to the nelghborhood where demolition occur. character of the is proposed to b. Any impact on the historic importance of the structure or structures located on the parcel and adjacent parcels c. Any impact to the architectural integrity of the 3 . structure or structures located on the parcel and adjacent parcels. C. standards for reVlew of partial demolition. No approval for partial demolition shall be granted unless the HPC finds that all of the following standards are met: 1. The partial demolitlon is required for the renovation, restoration or rehabilitation of the structure; and 2. The applicant has nli tigated, to the greatest extent possible: - a. Impacts on the historic importance of the structure or structures located on the parcel. b. Impacts on the architectural integr i ty of the structure or structures located on the parcel. D. standards for review of relocation. No approval for relocation shall be granted unless the HPC finds that all of the following standards are met: 1. The structure cannot be rehabilitated or reused on its original site to provide for any reasonable beneficial use of the property; and . 4 . 2. The relocation activity is demonstrated to be the best preservatlon method for the character and integrity of the structure, and the historic integrity of the existlng neighborhood and adjacent structures will not be diminlshed due to the relocation; and 3. The structure has been demonstrated to be capable of withstanding the physical impacts of the relocation and re-siting. A structural report shall be submitted by a licensed engineer demonstrating the soundness of the structure proposed for relocation; and - - 4 . A relocation plan shall be submitted, including postlng a bond or other financial security with the Engineering Department, as approved by the HPC, to insure the safe relocation, preservation and repair (if required) of the structure, site preparatlon and infrastructure connections. The receiving site shall be prepared in advance of the physical relocation; and 5. The receiving site is compatible in nature to the structure or structures proposed to be moved, the character of the neighborhood is cons istent \>' i th the architectural integrity of the structure, and the relocation of the historic structure would not diminish 5 . - e the integrity or character of the neighborhood of the recelving site. An acceptance letter from the property owner of the receiving site shall be submitted. ~ Exemption. The oemolition. partial demolition or relocation of a structure located within an "H" Historic Overlay District mav be exempt from meeting the applicable standards in Section 7-602 (6). (e). or (D) if the HPC hnds that the following conditions have been met: -L. The structure is not identified on the Inventorv of Histor~c sites and structures. ~ The structure is considered to be non-contributinq to the historic district. ~ The structure does not contribute to the overall character of the historic oistrict. and that its demolition. partial demolition. or relocation does not impact the character of the historic district. ~ The demolition. partial demolition or relocation is necessarY for the redevelopment of the parcel. ~ The redevelopment or new development is reviewed bv ~ 6 . E.F. Procedure for review. A Development Application shall be submitted to the ?r~~~~~-~irco~ Historic Preservation Officer before HPC approval of demolition, partial demolition or relocation, (or exemption within an "H" Historic Overlay District.) which shall be reviewed and approved by the HPC pursuant to the procedures established in Common Procedures, Art. 6, Div. 2. - The HPC shall be authorized to suspend action on a demolition, partial demolition or relocation application when it flnds that it needs additional information to determine whether the application meets the standards of Section 7-602 (B) or that the proposal is a matter of such great public concern to the city that alternatives to the demolition, partial demolition or relocation must be studied jointly by the city and the owner. Alternatives which the HPC may consider having studied shall include, but not be limited to finding economically beneficial uses of the structure, removal of the structure to a suitable location, providing pUblic sUbsidy to the owner to preserve the structure, identlfy~ng a public entity capable of pUblic acqui- sition of the structure, or revision to the demolition, partial demolition or relocation and development plan. e The HPC shall be required to specify the additional information it requires or the alternatives it finds should be studied when 7 . it suspends action on the development, partial del'1ol i tion or relocation application. Action shall only be suspended for the amount of time it shall take for the necessary information to be prepared and reviewed by the Plannlng Dlrector, but in no case shall suspension be for a period to exceed six (6) months. G.F~ Application for Demolition, F~~~~%-Bemel!~ien or Relocation. A Development Application for Demolition shall include the following: 1. The general application information required in Sec. 6-202. . ?-..- ~fte-~~~e-e~-~~e-~~~~~~~-~~~~-~~~~r~~i-e~ ~~~~~~r~e~r~~i-e~-e~-~bee~~i-e~~ 2. 3-~ A wrltten description of the structure proposed for demolition, partial demolition or relocation, and its year of construction. 3....~ A report from a licensed engineer or architect regarding the soundness of the structure and its suitability for rehabilitat~on. 4.~~ An economlC feasibility report that provides: . 8 . a. Estimated I'\arket value of the property on which the structure lies, in its current condition, and after demolition, p~l:'~~~~ de~~~~ie~ or relocation. b. Estlmates from an architect, developer, real estate agent or appraiser experienced in rehabilitation addressing the economic feasi- bility of rehabilitation or reuse of the structure proposed for demolition, p~l:'~~&i ~emer~~re~or relocation. c. All appraisals made of the property on which the structure is located made within the previous two (2) years. . d. Any other lnformatlon considered necessary to make a determination whether the property does yield or may yield a reasonable return on investment. . ~. 6-:- 1< development plan and a statement of the effect of the proposed development on the other structures on the property and the character of the neighborhood around the property shall be submitted in cases when the HPC requires a 9 - development plan to evaluate the appropriateness of demolition or when the appl~cant believes the submission of a development plan will assist in the evaluation of the proposed demolition "; lL. lIpplicatiQn for Demolition or Exemption from Demolition. Partial Demolition or Relocation. A development application for partial demolition shall include all items specif~ed ~n section 7-602(Q) (1). (3) and (4). 1. Er. Penalties. A violation of any portion of this Sec. 7- 602 shall prohibit the owner, successor or assigns from obtalning a building permit for the affected property for a period of five - years from the date of such violation. The City shall initiate proceedings to place a deed restrictlon on the property to this effect to insure the enforcement of thlS penalty. Section :2 If any seotion, subsection, sentence, clause, phrase or portion of this ordlnance is for any reason held invalid or unconstltutional in a court of competent jusrisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 3 . A public hearing da:' of A7 on the ordinance shall be held on the I~ , 1991, in the city council 10 . e . Chambers, Aspen City Hall, Aspen, Colorado INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Counc~l of the Clty of Aspen on the 8th day of April, 1991. ATTEST: ~.~~ ~ ~oi ~"'k FINALLY ADOPTED and passed on the 13th day ATTEST: ~ Wilham L. 1:.~