HomeMy WebLinkAboutordinance.council.040-99
11111!rllllll1~llHlHllIIlm 11111111111111111111111
436711 10/1~~1999 11:32AORDINANC DAVIS SILVI
1 of 4R 20.00'D 0.00 N 0.00 PITKIN COUNTY CO
,__"~___~~2~^....:-[~~;I!~V'~,-,,,~___,,___ ",.___.,______.._._______~___,'
o
ORDINANCE NO. 40
(SERIES OF 1999)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING APPROVAL
FOR LANDMARK DESIGNATION OF 426 N. 2ND STREET, UNITS A AND B,
SECOND AND SMUGGLER CONDOMINIUMS, BLOCK 48, CITY OF ASPEN.
Parcel No. 2735-124-17031
WHEREAS, the applicants, Joan and Karl Zeisler, and Andrew and Belinda
Frishman, represented by Jess Pedersen,architect, have requested landmark designation
for the property located at 426 N. 2nd Street, Units A and B, Second and Smuggler
Condominiums, Block 48, City and Townsite of Aspen; and
WHEREAS, pursuant to Section 26.420.020, requests for landmark designation
shall be reviewed and recommended for approval, approval with conditions, or
disapproval by the Community Development Director, by the HPC, and by the Planning
and Zoning Commission at a public hearing, and then approved, approved with
conditions, or disapproved at a public hearing by the City Council; and
o
WHEREAS, the Community Development Director performed an analysis of the
application based on the standards, found favorably for the application, and
recommended approval of landmark designation; and
WHEREAS, the Aspen Historic Preservation Commission reviewed and
recommended approval of landmark designation by a vote of 5-0 on September 8, 1999;
and
WHEREAS, the Aspen Planning and Zoning Commission reviewed and
recommended approval of landmark designation on September 21, 1999; and
WHEREAS, all applications for Historic Landmark Designation shall meet two
or more of the following Standards for Designation of Section 26.420.010 in order for
Counci to grant approval, namely:
Historical Importance: The structure or site is a principal or secondary
tructure or site commonly identified or associated with a person or event of
istorical significance to the cultural, social, or political history of Aspen, the
State of Colorado, or the United States.
o
B. Architectural Importance. The structure or site reflects an architectural style
that is unique, distinct or of traditional Aspen character, or the structure or site
embodies the distinguishing characteristics of a significant or unique architectural
type (based on building form or use), or specimen.
1 111m 111111111111111111111111111111111111111111111111
. 436711 10/18/1999 11:32A ORDINANC DAVIS SILVI
2 of 4 R 20.00 D 0.00 N 0.00 PITKIN COUNTY CO
o
C. Designer. The structure is a significant work of an architect or designer
whose individual work has influenced the character of Aspen.
D. Neighborhood Character. The structure or site is a significant component of
an historically significant neighborhood and the preservation of the structure or
site is important for the maintenance of that neighborhood character.
E. Community Character. The structure or site is critical to the preservation of
the character of the Aspen community because of its relationship in terms of size,
location and architectural similarity to other structures or sites of historical or
architectural importance; and
WHEREAS, the Aspen City Council has reviewed and considered the Landmark
Designation, has reviewed and considered those recommendations made by the
Community Development Department, the Historic Preservation Commission, and the
Plarming and Zoning Commission, and has taken and considered public comment at a
public hearing; and
WHEREAS, the City Council finds that the Landmark Designation meets or
exceeds all applicable development standards of the above referenced Municipal Code
sections; and
o
WHEREAS, the applicant requests, and Council hereby approves a one-time
$2,000 landmark grant pursuant to Section 26.420.030, if available in this fiscal year; 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: Pursuant to Section 26.420.020 of the Municipal Code, the City Council
finds as follows in regard to the Historic Landmark Designation and Grant Request:
1. The applicant's submission is complete and sufficient to afford review and
evaluation for approval; and,
2. The landmark designation is appropriate, finding that standards B (architectural
importance), D (neighborhood character) and E (community character) of Section
26.420.010 are met; and
3. The property is eligible for, and the applicant shall receive a $2,000 landmark
designation grant, if funds are available in this fiscal year.
1""""\
1 111111 11111 1IIIInlllllllll mllllllll m 11111111I1111
436711 10/18/199S 11:32A ORDINANC DAVIS SILVI
3 of 4 R 20.00 D e,00 N 0.00 PITKIN COUNTY__~~_
~.------_.__._....--_._._-~--_.__.__.._._.._-
r-\
Section 2: Pursuant to the findings set forth in Section 1, above, the City Council does
hereby designate as an Historic Landmark 426 N. Second Street, Units A and B, Second
and Smuggler Condominiums, Block 48, City and Townsite of Aspen without conditions;
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: 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 5: A public hearing on the Ordinance was held on the 12th day of October, 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 27th day of September, 1999.
r-
APPROVED AS TO FORM:
.~~
John Worcester, City Attorney
o
f
11111111111I1111111111111111111111111111111111111111111
436711 10/1~/1999 11:32A ORDINANC DAVIS SILVI
4 of 4 R 20.~0 D 0.00 N 0.00 PITKIN COUNTY CO
.-....
f "
FINALLY, adopted, passed and approved this 12th day of October, 1999.
__..'. _..n...__.._..__...__..____'
".,,-,or"I.
.,." 6' ., ,.....
.' ", . ~"". .... .
/' \J "A'J'TESTf1} \. ..''j(,..:.......
~', ., ~"" 't~';
2"" / .., ;. y
,:,.,iY: Q . .......
: .~.,.. t3l ':'..
i- .;," '" ....
<:.;;~".';~','..~'
\~'~~t!t!'Y~" ch, City Clerk
.,.". (II. 01\'" "
....,M'..., Pi; I'
.,,~,.. \.~
'1~:~1;7;~f.~~.!;A" ~,
''I:)/~,\,:.,:/
G: planninglaspen/hpcl casesJlandmark/426n2ndlord
r
r"..