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HomeMy WebLinkAboutordinance.council.050-00 ORDINANCE NO. 50 SERIES OF 2OOO AN ORDINANCE OF THE ASPEN CITY COUNCIL DENYING A TEMPORARY STAY ON DEMOLITION PERMITS FOR CERTAIN PROPERTIES UNDER CONSIDERATION FOR THE CITY OF ASPEN INVENTORY OF HISTORIC SITES AND STRUCTURES WHEREAS, the Community Development Department has undertaken an update of the City of Aspen "Inventory of Historic Sites and Structures, which is required by the Aspen Land Use Code and the Aspen Area Community Plan;" and WHEREAS, the focus of the update is to add properties which have achieved historic significance, many of which are Post World War II era structures that were not thoroughly evaluated in previous inventories; and WHEREAS, the Community Development Department is concerned with the potential loss of resources before such time that the update is completed and the sites are considered through a formal adoption process; and WHEREAS, without a stay on demolition permit applications, the properties under consideration have no protection and the Community Development Department will have no authority to delay or deny a demolition permit on the basis of historic significance; and WHEREAS, the Community Development Department recommends that City Council take prompt action to stay demolition permits on the properties listed in "Exhibit A," until such time that they are either added to the "Inventory of Historic Sites and Structures" or removed from consideration, or by four (4) months from the enactment of this ordinance: and WHEREAS, the Aspen City Council has reviewed and considered the request for a temporary stay on demolition permits for certain properties under consideration for the City of Aspen Inventory of Historic Sites and Structures, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a public hearing and denied approval by a vote of three to one (3 - 1); and, WHEREAS, the City Cotmcil finds that this ordinance furthers and is necessary for the public health, safety, and welfare. NOW, THEREFORE, BE 1T ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1. The City Council does hereby adopt this ordinance and place a stay on demolition permits for those properties listed in "Exhibit A." The stay shall be in effect until such time as the property is added to the inventory or removed from consideration, or by four (4) months from the enactment of this ordinance, whichever is soonest. Section 2. The owner of any property listed on "Exhibit A," who wishes to apply for a demolition permit prior m such time as the property is added to the inventory or removed from consideration, or by four (4) months from the enactment of this ordinance, whichever ~s soonest, may appeal to the City Council, to have the temporary stay removed. The appeal shall require a public hearing. Section 3. Two properties identified in Ordinance #17, Series of 2000. were subsequently dropped from consideration by staff due to lack of historic significance, and were not part of the nominations to the Historic Preservation Commission. Those two properties, 219 E. Durant Avenue and 100 E. Hyman Avenue, are hereby released from any further stay on permits. 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 provision and such holding shall not affect the validity of the remaining portions thereof. Section 5. 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 6. A public hearing on the ordinance shall be held on the 13~ day of November, 2000, at 5:00 p.m. in the City Council Chambers, Aspen City Hall, 130 South Galena, Aspen, CO. Publication of the ordinance shall be within ten (10) days after final passage. INTRODUCED AND READ as provided by law by the City Council of the City of Aspen on the 23rd day of October, 2000. Rachel E. Richards, Mayor ATTEST: Kathryn S. Koch, City Clerk FINALLY, adopted, passed and denied this 13~ day of November. 2000. Rachel E. Richards, Mayor ATTEST: Kathryn S. Koch, City Clerk "EXHIBIT A" 433 W. Bleeker Street- Lots A-D and the west ¼ of Lot E, Block 37~ Owner: John J. and Jane T. Strandberg. 434 E. Cooper Avenue- Lots Q-S, Block 89. Owner: Bert Bidwell Investment Corp. 827 E. Dean Street- Lots P&Q, Block 113, Owner: Fleet White Jr. 333 E. Durant Avenue- Lots E-I, Block 84. Owner: Mountain Chalet Enterprises, Inc. 100 E. Francis Street- Lots A-F, Block 63. Owner: Regents of the University of Colorado. 233 Gilbert Street- Lots 5-10, Block 9, Eames Addition. Owner: Skier's Chalet LLC. 615 Gillespie Street- The east ½ of Lot 5 and all of Lots 6&7, Block 98, Hallam's Addition. Owner: Elaine C. Hodges. 625 Gillespie Street- Lots 3,4, and the west ¼ of Lot 5, Block 98, HaHam's Addition. Owner: Cathy O'Shana. 320 W. Hallam Street- Lots N,O and P, Block 42. Owner: Margarete A. Uhl. 211 W. Hopkins Avenue- Lots F&G, Block 53. Owner: Heidi Vaughan 1996 Trust. 413 W. Hopkins Avenue- Lots E,F, and the west ~ of G, Block 39. Owner: Paul Young III. 500 W. Hopkins Avenue- Lots K-S, Block 31. Owner: Boomerang Ltd. 1022 E. Hyman Avenue- Lot 2, Molny/Eubank Subdivision. Owner: John McCormick. 312 W. Hyman AvenUe- Lots P&Q, Block 46. Owner: Jordan V, Gerberg. 301 Lake Avenue- Lots 5-7, Block 40, Hallam's Addition. Owner: Victor Alfred Lundy Trustee. 120 E. Main Street- The east 20 feet of Lot M, all of Lots N and O, Block 66 and the south 10 feet of the vacated alley through the block adjacent and contiguous to said Lots N and O and the easterly 20 feet of Lot M, Block 66. Owner: 120 E. Main Street Partners LLC. 232 W. Main Street- Lots K-M, Block 51. Owner: Seven Seas Investment LLC. 233 W. Main Street- Lots A-E, Block 52. Owner: Irmsbruck Holdings LLC. 630 W. Main Street- Lot M, Block 24. Owner: City of Aspen and Aspen Mountain Rescue. 730 W. Main Street- Lots M-P, Block 18. Owner: Luu Investments LLC. 765 Meadows Road- Lot 2, Snobble Subdivision. Owner: HoHenback Family. 215 Park Avenue- Lot 4A, Independence Two Subdivision. Owner: Crystal Palace Corp. 1295 Riverside Drive- Lot 20, Block 1, Riverside Subdivision. Owner: Anthony Welgos. 850 Roaring Fork Road - All of Lots 12,13,15-25, & part of Lots 10,11, and 14, Block 4, Aspen Company Subdivision. Owner: Gall A. & James A. Merriam. 63 Smuggler Grove Road- Lot 4, East Meadow Subdivision. Owner: George Walter Harris III. 1280 Ute Avenue- Lot 16, Callahan Subdivision, Powderhouse Condominiums. Owner: Multiple Owners. Properties in bold are covered by Ordinance #17, Series of 2000, with the stay in place until November 1, 2000, unless extended by this ordinance.