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Home My WebLink Aboutordinance.council.044-06 1111111111111111111111 :;~;~~~;~:1 : 04F JANICE K vas CRUDILL PITKIN COUNTY CO R 21.00 D 0.00 "" ORDINANCE NO. 44 (SERIES OF 2006) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING DESIGNATION Of THE PROPERTY LOCATED AT 134 EAST HYMAN AVENUE, LOTS Q, R, AND S, BLOCK 68, CITY AND TOWNSITE OF ASPEN, COLORADO TO THE ASPEN INVENTORY OF HISTORIC LANDMARK SITES AND STRUCTURES ParcellD #: 2735-124-58-007. 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 134 E. Hyman Avenue, Lots Q, R, and S, Block 68. City and Townsite of Aspen to the Aspen Inventory of Historic Landmark Sites and Structures. The property is owned by Crete and Associates, LP; and .~ WHEREAS, Section 26.415.030.C of the Aspen Municipal Code establishes the process for an application for designation filed without owner consent, and based on the intent of the property owner to demolish said property and the timeliness required to protect the community's historic resources, the City was unable to notify the owner six months prior to filing the application for designation as stated in Section 26.415.030.0 of the Aspen Municipal Code. The property owner has waived their rights to comply with Section 26.415.030.C.I; the letter dated December 4, 2006 is included in Exhibit J of the February 26, 2007 City Council Memorandum. The City has completed all necessary public hearing requirements 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 and City staff, determines sufficient evidence exists that the property mcets the following criteria: 26.415.0308. Criteria. To bc cligible for designation on the Aspen Inventory of Historic Landmark Sites and Structures, an individual building, site, structure or objcct or a collection of buildings, sites, structures or objects must have a demonstrated quality of significance. The significance of the property located at 134 East Hyman Avenue will be evaluated according to the following criteria: ...... '- 1. Thc property was constructed at least forty (40) years prior to the year in which the application for designation is bcing made and the property possesses sufficient integrity of location, setting, dcsign, materials, workmanship, and association and is relatcd to one or more of the following: a. 11\\111 \\111 \\1111 \\1'1 1'1' 1'1'111 '1\\1 III \\11' 11'1 1\\1 :;~~:~~~0:1: 04F JRNICE K vas CAUDILL PITKIN COUNTY co R 21.00 An event, pattern, or trend that has madc a significant contribution to local, state, regional or national history, People whose specific contributions to local, state, regional or national history is deemed important and can be identified and documented, A physical design that embodies the distinctive characteristics of a type, period or method of construction, or represents the technical or aesthetic achievements of a recognized designer, craftsman or design philosophy that is deemed important; and J b. c. WHEREAS, Sara Adams, Preservation Planner for thc City of Aspen, who earned a Masters of Science degree in historic preservation from Columbia University, in her HPC staff report dated November 8, 2006, performed an analysis of the application based on the standards, found that the review criteria had been met, and recommcnded approval; and WHEREAS, at their regular meeting on a recommendation from City staff on November 8, 2006, the Historic Preservation Commission considered the application, found the application met or exceeded the review criteria and recommended City Council approval of the application by a vote of5 to 0; and WHEREAS, Sara Adams, in her City Council staff report dated February 26, 2007, performed an analysis of the application based on the standards, found that the review criteria had been met, and recommended approval; and ~ WHEREAS, City Council opened, duly noticed a public hearing on November 27, 2006, continued second reading of the Ordinance to December II, 2006, and upon request of the property owner, Crete Associates, LP, continued the second reading of the Ordinance to February 26, 2007; and WHEREAS, the City Council finds that the application is complete and sufficient to afford review and evaluation for approval; and WHEREAS, the City Council finds that the application meets or excccds all applicable standards and that the addition of 134 E. 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. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: - ""i -- Section 1 The City Council does hereby approve designation of the property located at 134 E. Hyman Avenue, Lots Q, R, and S, Block 68, City and Townsite of Aspen to the Aspen Inventory of Historic Landmark Sites and Structures. 1\ 1\1 1\1 1\1' \1\11 '11\ \\\\ '1\\\1 11\ :;~~~~;t:l :04F JANICE K vaS CAUDILL PITKIN COUNTY CO R 21.00 Section 2: 134 East 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 datc of this Ordinance, thirty (30) days following final passage. 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 construed 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 in a court of competent jurisdiction, such portion shall be deemed a scparate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. c Section 5: A public hearing on thc ordinance will be held on the 26th day of February, 2007, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. Section 6: This ordinance shall become effective thirty (30) days following final passage. [Signatures on following page] ,..... "- INTRODUCED, READ AND ORDERED PUBLISHED as provided Council of the City of Aspen on the 13th day of November, 2006. ~ Attest: ~ ch, City Clerk FINALL Y, adopted, passed and approved this 26th day of February, 2007. Attest: .-, Approved as to form: ~ 11\\111 \\111 \\1111 \\1'1 1'1' 1'1'111 '1\\1 III \\111 '1'1 \\\1 :;~~~~~~:1: 04F JANICE K VOS CAUDILL PITKIN COUNTY co R 21.00 D 0.00 n . Worcester, City Attorney - PlEASE RETURN TO CITY CLERK 130 S. GALENA ASPEN. CO 81611