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HomeMy WebLinkAboutordinance.council.033-99 ~. ORDINANCE No. 33 (SERIES OF 1999) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING THE ADDITION OF 308 N. FIRST STREET, LOT 2, NOLAN LOT SPLIT, CITY AND TOWNSITE OF ASPEN, COLORADO TO THE INVENTORY OF HISTORIC SITES AND STRUCTURES WHEREAS, certain real property located at 308 N. First Street, Lot 2, Nolan Lot Split, City and Townsite of Aspen, is being considered for addition to the "Inventory of Historic Sites and Structures;" and, WHEREAS, pursuant to Section 26.75.090 of the Municipal Code, to qualify for the inventory a structure must be at least fifty (50) years old or be an outstanding example of modem architecture; and, WHEREAS, the Community Development Department has reviewed the application and recommended the addition of the property to the inventory; and, WHEREAS, the Aspen Historic Preservation Commission reviewed and recommended approval of the addition of Lot 1 and Lot 2 of the Nolan Lot Split to the I"""'" inventory by a vote of 6 to 1 on May 26, 1999; and WHEREAS, the Aspen Planning and Zoning Commission reviewed and recommended that Lot 1 not be added to the inventory by a vote of 5-1 and that Lot 2 not be added to the inventory by a vote of 3-3 on July 6, 1999; and WHEREAS, the Aspen City Council has reviewed and considered the addition of 308 N. First Street to the "Inventory of Historic Sites and Structures," has reviewed and considered those recommendations made by the Community Development Department, the Historic Preservation Commission, and the Planning and Zoning Commission, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the public health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1: That 308 N.First Street, Lot 2, Nolan Lot Split, is hereby added to the "Inventory of Historic Sites and Structures." ~. Section 2: This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the f' ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 3: 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 provision and such holding shall not affect the validity of the remaining portions thereof. Section 4: That the City Clerk is directed, upon the adoption of this ordinance, to record a copy of the ordinance in the office of the Pitkin County Clerk and Recorder. Section 5: A public hearing on the Ordinance was held on the 23rd day of August, 1999 at 5:00 P.M. 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 once 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 26th day of July, 1999. ATTESi~ ~. .~4~ Kathryll.s. Ch,~ity Clerk APPROVED AS TO FORM: L;},(/~ Johnt<<orcester, City Attorney " ",.,~.."". """"~ '" F~ALLY, adopted, passed and approved this 23,d day of August, 1999. . - I""'" ~ R heIE.Richards,Mayor ~k