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DOC CODE:ORDINANCE
ORDINANCE #19 P9 1 of 3,08,0912017
8/0912017 at 11:03:15 AM
(SERIES OF 2017) Janice K. Vos Caudill, Pitkin County, CO
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING AN AMENDMENT TO ORDINANCE 429 (SERIES
OF 2009) FOR THE PROPERTY LOCATED AT 211 W. HOPKINS.AVENUE
PARCEL #2735-124-63-003
WHEREAS, the Community Development Department received an application from
Vaughan Capital Partners, L.P., represented by Haas Land Planning, requesting approval
of an amendment to Ordinance #29, Series of 2009, affecting their property at 211 W.
Hopkins Avenue. Ordinance 929, Series of 2009, placed conditions on any future proposal
to demolish the structure on the subject site; and,
WHEREAS, the applicant requested Council amend the terms of the Ordinance with
regard to the expiration date of a demolition permit issued as 0013.2009.ARBK, and,
reconsider the City Council's ability to initiate historic designation of the property if
demolition does not take place before the permit expires; and,
WHEREAS, the Community Development Department reviewed the application and
recommended approval of amendments to the Ordinance; 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 RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ASPEN AS FOLLOWS:
Section 1•
Ordinance #29, Series of 2009, Section 1, is hereby amended as follows:
Section 1, paragraph I is hereby amended to read as follows:
1. The City of Aspen Building Department accepted a permit to demolish the home at 211
W. Hopkins Avenue and committed to issuing that permit (Permit 00 1 3.2009.ARBK)
at such time that the property owner requests, up until May 17, 2020. Through this
Ordinance, Ordinance 419, Series of 2017, City Council directs the City of Aspen
Building Department to extend that expiration date an additional five (5) years, to May
17, 2025, with the condition that before the property owner may receive the permit,
they will be required to supplement the permit application with any life-safety,
construction management or other information that is standard practice for demolition
permits at the date the applicant contacts the City.
Section 1, paragraph 2.a is hereby amended to read as follows:
a. The Community Development Director shall offer to meet with the propertyowner to
discuss the City Historic Preservation Program and development and other benefits that
the property may be eligible to receive upon designation as a Historic Landmark
through Aspen Municipal Code Chapter 26.415 provisions for AspenModern
Ordinance#19, Series of 2017
Page I of 3
designations. The applicant will be asked to consider other alternatives to acting on
the remodel or demolition permits, and to identify incentives that would deter the
demolition. Based on the conversation with the owner, the Community Development
Director may waive the requirements of b and c, below.
Section 1, paragraph 5 is hereby deleted in its entirety.
Section 1,paragraph 6 is hereby deleted in its entirety.
All other provisions of Section 1, Ordinance 29, Series of 2009, shall remain the same.
Section 2:
All material representations and commitments made by the Applicant pursuant to the
development proposal approvals as herein awarded, whether in public hearing or
documentation presented before the City Council, are hereby incorporated in such plan
development approvals and the same shall be complied with as if fully set forth herein,unless
amended by an authorized entity.
Section 3:
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 ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such prior
ordinances.
Section 4•
If 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 public hearing on this ordinance shall be held on the 10th day of July, 2017, at a meeting of
the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City
Hall,Aspen, Colorado,a minimum of fifteen days prior to which hearing a public notice of the
same shall be published in a newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED aspr ided by law by the City
Council of the City of Aspen on the 26`' day of June, 2017.
Steven Skad o ayo
a
nn nn nn
WV`
Linda Manning, City Cler
Ordinance#19, Series of 2017
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FINALLY, adopted, passed and approved this e( c�aq(:-
Steven Skad on-,Mayor
ATTEST:
Linda Manning, City erk
APPROVED AS TO
ORM:
nes R. True, City Attorney
Ordinance#19, Series of 2017
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