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Home My WebLink Aboutordinance.council.044-04ORDINANCE NO. 44 (Series of 2004) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING THE REQUEST TO REMOVE 308 E. HOPKINS AVENUE, LOTS M AND N, BLOCK 80, CITY AND TOWNSITE OF ASPEN, AND 719 E. HOPKINS AVENUE, LOTS E AND F, BLOCK 104, CITY AND TOWNSITE OF ASPEN, COLORADO, FROM THE ASPEN INVENTORY OF HISTORIC LANDMARK SITES AND STRUCTURES PARCEL ID#: 2737-073-29-007 (308 E. Hopkins Avenue) and 2737-182-11-003 (719 E. Hopkins Avenue WHEREAS, Section 26.415.050 of the Aspen Municipal Code establishes the process for Rescinding Designation and states that an application for the removal of a property from the Aspen Inventory of Historic Landmark Sites and Structures shall follow the same submission requirements and review procedures as for designation except that with respect to Section 26.415.030(C)(4) an explanation shall be provided describing why the property no longer meets the criteria for designation. The HPC and City Council shall determine if sufficient evidence exists that the property no longer meets the criteria for designation and, if so, shall remove the property from the Inventory; and WHEREAS, the Community Development Department recommends that the historic designation of 308 E. Hopkins Avenue, Lots M and N, Block 80, City and Townsite of Aspen and 719 E. Hopkins Avenue, Lots E and F, Block 104, City and Townsite of Aspen be rescinded and that these properties be de-listed from the Aspen Inventory of Historic Landmark Sites and Structures; and WHEREAS, at a regular meeting held on November 15, 2000, the Historic Preservation Commission was presented with the Community Development Department staff's analysis of the 719 E. Hopkins Avenue, as well as the owner's. Staff recommended that the property be de-listed from the Aspen Inventory of Historic Landmark Sites and Structures and HPC agreed via Resolutioni #53, Series of 2000, by a vote of 4 to 0; and WHEREAS, at a regular meeting held on February 14, 2001, the Historic Preservation Commission was presented with the Community Development Department staff's analysis of the 308 E. Hopkins Avenue, as well as the owner's. Staff recommended that the property be de-listed from the Aspen Inventory of Historic Landmark Sites and Structures and HPC agreed via Resolutioni #6, Series of 2001, by a vote of 4 to 2; and WHEREAS, the Aspen City Council has considered the request for de-listing under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered those recommendations made by the Community Development Department, and the HPC, and has taken and considered public comment at a public hearing; and WHEREAS, the City Council finds that 308 E. Hopkins Avenue and 719 E. Hopkins Avenue do not meet the standards for designation and should be de-listed from the Aspen Inventory of Historic Landmark Sites and Structures; 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 the procedures and standards set forth in Title 26 of the Aspen Municipal code, 308 E. Hopkins Avenue, Lots M and N, Block 80, City and Townsite of Aspen and 719 E. Hopkins Avenue, Lots E and F, Block 104, City and Townsite of Aspen do not meet the standards of Historic Landmark Designation and shall be de-listed from the Aspen Inventory of Historic Landmark Sites and Structures. Section 2 The Community Development Director is hereby directed to have the official zoning map of the City and/or any other maps depicting those properties listed on the Aspen Inventory of Historic Sites and Structures changed to reflect the de-listing of 308 E. Hopkins Avenue, Lots M and N, Block 80, City and Townsite of Aspen and 719 E. Hopkins Avenue, Lots E and F, Block 104, City and Townsite of Aspen. Section 3 This Ordinance shall not have any effect on 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 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 shall not affect the validity of the remaining portions thereof. Section 5 A public heating on the Ordinance shall be held on the 13th day of December, 2004, 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 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 22® day of November, 2004. Attest: Kathryn S./I~och, C~ty~e~k~ FINALLY, adopted, passed and approved this ~_ day o~. Attest: Kathryn S~etllfClty Clerk Approved as to form: