HomeMy WebLinkAboutordinance.council.059-94
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P-818 03/09/95 02,01P PG 1 OF 4
PITKIN COUNTY CLERK & RECORDER
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ORDINANCE NO. 59
(Series of 1994)
AN ORDINANCE OF THE ASPEN CITY COUNCIL DESIGNATING 709 W. MAIN
STREET, LOT G, BLOCK 19, CITY AND TOWNSITE OlE' ASPEN, AS "H,"
HISTORIC LANDMARK PURSUANT TO SECTION 24-7-703 OF THE MUNICIPAL
CODE.
WHEREAS, Robert Weien, owner of 709 W. Main street, Lot G,
Block 19, City and Townsit~ of Aspen, has filed an application
for Historic Landmark Designation of his property, pursuant to
section 24-7-704 of the Municipal Code; and
WHEREAS, the Historic Preservation Committee recommended
Historic Designation 6-0 for the subject property at a duly
noticed public hearing on July 13, 1994; and
WHEREAS, the Planning and Zoning commission recommended
Historic Designation 7-0 for the subject property at a duly noticed
public hearing on October 4, 1994; and
WHEREAS, pursuant to section 24-7-702 of the Municipal Code,
the City Council has found that the subject property meets
standards B (architectural importance), E (neighborhood character)
and F (community character); and
WHEREAS, city Council wishes to affirm those recommendations
as rendered by the Historic Preservation Committee and Planning and
Zoning Commission and complete the Landmark Designation process;
and
WHEREAS, the property owner shall receive a $2,000 landmark
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designation grant, for which the property is eligible, pursuant to
section 7-704 of the Municipal Code; and
WHEREAS, the east property line of the Weien property is in
dispute and a suit has been filed by the adjacent property owners,
Susan and Wes Anson, for adverse possession of their property; and
WHEREAS, a historic outbuilding which sits mostly on the Weien
property encroaches onto what the Anson's represent to be their
property; and
WHEREAS, said suit does not affect the merits of the Landmark
Designation, however, it may affect the legal description of the
weien property; and
WHEREAS, the City places the condition on the Landmark
Designation that if the suit is resolved in favor of Weien the shed
will be included in the Landmark Designation and the Planning
Director shall have the authority to amend the Zoning District Map
accordingly; and
WHEREAS, if the suit is resolved in favor of the Ansons, the
existing shed shall not be included in the Landmark Designation and
no amendment to this ordinance shall be necessary.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO:
Section 1
That the structure and property at:
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709 W. Main street, Lot G, Block 19, City and Townsite
of Aspen
be granted "H," Historic Landmark Designation.
section 2
That the Zoning District Map be amended to reflect the rezoning
described in section 1 and the Planning Director shall be
authorized and directed to amend said map to reflect said rezoning.
section 3
That the Planning Director shall be directed to notify the city
Clerk of such designation, who shall record among the real estate
records of the pitkin County Clerk and Recorder's Office a
certified copy of this Ordinance.
section 4
That if any section, subsection, sentence, clause, phrase or
portion of this Ordinance is for any reason held invalid or
unconstitutional by any court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the
remaining portions thereof.
section 5
A public hearing on the Ordinance was held on the 14th day of
November, at 5:00 p.m. in the city Council Chambers, Aspen
City Hall, Aspen, Colorado, fifteen (15) days prior to which
hearing notice of the same shall be published once in a newspaper
of general circulation within the City of Aspen.
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FINALLY adopted,
jle.(!e;,uA J? /? )
INTRODUCED,
the City Council
1994.
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i/; , ATT~ST':-,,'I!Io \.
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READ AND ORDERED PUBLISHED as provided by law by
of the City of Aspen on the L day of &~
C)4 7, {~~
John S. Bennett, Mayor
, City Clerk
passed and approved this I ~ day of
, 1994.
~ 7. {J'~
John S. Bennett, Mayor
city Clerk
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