HomeMy WebLinkAboutordinance.council.045-06
ORDINANCE NO.'t5
(SERIES OF 2006)
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AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING
DESIGNATION OF THE PROPERTY LOCATED AT 312 WEST HYMAN
AVENUE, LOTS P AND Q, BLOCK 46, CITY AND TOWNSITE OF ASPEN,
COLORADO TO THE ASPEN INVENTORY OF mSTORIC LANDMARK
SITES AND STRUCTURES
Parcel ID #: 2735-124-64-006
WHEREAS, the applicant, the City of Aspen, pursuant to Section 26.415.030.C, has
initiated Historic Landmark review to add the property located at 312 W. Hyman Avenue,
Lots P and Q, Block 46, City and Townsite of Aspen, Colorado to the Aspen Inventory of
Historic Landmark Sites and Structures. The property is owned by Jordan Gerberg; and
WHEREAS, 312 W. Hyman Avenue was previously nominated by the City for inclusion
on the Aspen Inventory of Historic Sites and Structures in 2000, but the designation
process was never concluded and City Council, who has the final determination on this
issue, neither approved nor denied the designation; and
WHEREAS, the City has completed all necessary public hearing requirements as of
October 22, 2006 for this application and the owner has been provided proper notice of
all hearing dates; and
WHEREAS, Section 26.415.050 of the Aspen Municipal Code establishes the process
for Designation and states that an application for listing on the Aspen Inventory of
Historic Landmark Sites and Structures shall be approved if City Council, after a
recommendation from HPC, determines sufficient evidence exists that the property meets
the criteria; and
WHEREAS, Amy Guthrie, in her HPC staff report dated November 8, 2006, performed
an analysis of the application based on the standards, found that the review standards had
been met, and recommended approval; and
WHEREAS, at their regular meeting on November 8, 2006, the Historic Preservation
Commission considered the application, found the application was consistent with the
review standards and recommended approval of the application by a vote of _ to_; and
WHEREAS, Amy Guthrie, in her City Council staff report dated November 13, 2006,
performed an analysis of the application based on the standards, found that the review
standards had been met, and recommended approval; and
WHEREAS, the City Council finds that the application meets or exceeds all applicable
standards and that the addition of 312 West Hyman Avenue as a historic landmark to the
Aspen Inventory of Historic Landmark Sites and Structures is consistent with the goals and
elements of the Aspen Area Community Plan; and,
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the
promotion of public health, safety, and welfare.
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ORDINANCE NO. 45
(SERIES OF 2006)
AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING
DESIGNATION OF THE PROPERTY LOCATED AT 312 WEST HYMAN
AVENUE, LOTS P AND Q, BLOCK 46, CITY AND TOWNSITE OF ASPEN,
COLORADO TO THE ASPEN INVENTORY OF HISTORIC LANDMARK
SITES AND STRUCTURES
Parcel In #: 2735-124-64-006
WHEREAS, the applicant, the City of Aspen, pursuant to Section 26.415.030.C, has
initiated Historic Landmark review to add the property located at 312 W. Hyman Avenue,
Lots P and Q, Block 46, City and Townsite of Aspen, Colorado to the Aspen Inventory of
Historic Landmark Sites and Structures. The property has been purchased by the City;
and
WHEREAS, 312 W. Hyman Avenue was previously nominated by the City for inclusion
on the Aspen Inventory of Historic Sites and Structures in 2000, but the designation
process was never concluded and City Council, who has the final determination on this
issue, neither approved nor denied the designation; and
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WHEREAS, the City has completed all necessary public hearing requirements as of
October 22, 2006 for this application and the owner has been provided proper notice of
all hearing dates; and
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WHEREAS, Section 26.415.050 of the Aspen Municipal Code establishes the process
for Designation and states that an application for listing on the Aspen Inventory of
Historic Landmark Sites and Structures shall be approved if City Council, after a
recommendation from HPC, determines sufficient evidence exists that the property meets
the criteria; and
WHEREAS, Amy Guthrie, in her HPC staff report dated November 8, 2006, performed
an analysis of the application based on the standards, found that the review standards had
been met, and recommended approval; and
WHEREAS, at their regular meeting on November 8, 2006, the Historic Preservation
Commission considered the application, found the application was not consistent with the
review standards and recommended denial ofthe application by a vote 00 to 2; and
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WHEREAS, the City Council finds that the application meets or exceeds all applicable
standards and that the addition of 312 West Hyman Avenue as a historic landmark to the
Aspen Inventory of Historic Landmark Sites and Structures is consistent with the goals and
elements ofthe Aspen Area Community Plan; and,
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E K vas CAUDILL PITKIN COUNTY CO R 16.00 0 0.00 .
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 ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO THAT:
Section 1
The City Council finds that the application is complete and sufficient to afford review and
evaluation for approval; and
Section 2
The City Council does hereby approve designation of the property located at 312 W.
Hyman Avenue, Lots P and Q, Block 46, City and Townsite of Aspen, Colorado to the
Aspen Inventory of Historic Landmark Sites and Structures.
Section 3:
312 W. Hyman Avenue will be released from the temporary stay of demolition for
properties under consideration for Designation to the Aspen Inventory of Historic Sites and
Structures after the effective date of this Ordinance, thirty (30) days following final passage.
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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 construed and concluded under such
prior ordinances.
Section 5:
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance 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 6:
A public hearing on the ordinance will be held on the 12th day of March, 2007, in the City
Council Chambers, Aspen City Hall, Aspen, Colorado.
Section 7:
This ordinance shall become effective thirty (30) days following final passage.
INTRODUCED, READ AND ORDERED PUBLISHED as provided b
Council of the City of Aspen on the 13th day of November, 2006.
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Attest:
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FINALLY, adopted, passed and approved this 12'h day of March, 2007.
Attest:
Approved as to form:
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~ . Worcester, City Attorney