HomeMy WebLinkAboutresolution.hpc.018-2007RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION
APPROVING A FOUR (4) YEAR MORATORIUM ON OBTAINING A
BUILDING PERMIT FOR THE PROPERTY LOCATED AT 300 WEST MAIN
STREET LOTS Q, R, AND S, BLOCK 44, CITY AND TOWNSITE OF ASPEN,
COLORADO
RESOLUTION NO. 18 SERIES OF 2007
Parcel ID #: 2735-124-41-006.
WHEREAS, the City of Aspen requested that the Historic Preservation Commission
exercise the authority to enforce a penalty, pursuant to Section 26.415.140 of the Aspen
Municipal Code, for violations of Chapter 26.415.140.A.1 of the Aspen Municipal Code,
performed by property owner Corene McGovern, represented by Jennifer Hall of Holland
and Hart, LLP, on the property located at 300 West Main Street, Lots Q, R and S, Block
44, City and Townsite of Aspen, Colorado; and
WHEREAS, the property located at 300 West Main Street, Lots Q, R and S, Block 44,
City and Townsite of Aspen, Colorado is listed on the Aspen Inventory of Historic Sites and
Structures, Ordinance #21, Series of 1988; and
WHEREAS, Section 26.415.140.A of the Aspen Municipal Code establishes the process
for persons violating the provisions of sections 26.415.070 through 26.415.100 of the Aspen
Municipal Code:
26.415.140. A. Additional penalties. Additional penalties for the violation of Sections
26.415.070 through 26.415.100 include:
1. Any person who constructs, alters, relocates, changes the appearance or demolishes
a designated property in violation of any section may be required to restore the
building, structure or setting to its appearance prior to the violation.
2. Following notice and public hearing, the HPC shall prohibit the owner, successor,
or assigns from obtaining a building permit for the subject property for a period of
up to ten (10) years from the date of the violation. The city shall initiate
proceedings to place a deed restriction on the property to ensure enforcement of
this penalty. The property owner shall be required to maintain the property during
that period of time in conformance with the Standards for Reasonable Care and
Upkeep set forth in section 26.415.100(A).
3. Any variances or historic preservation benefits previously granted to the property
maybe subject to revocation. (Ord. No. 1-2002 § 7 (part), 2002); and
WHEREAS, the property owner admits to the following violations of the Aspen
Municipal Code:
RECEPTION#: 546081, 01125/2008 at
10:04:10 AM,
1 OF 3, R $16.00 Doc Code RESOLUTION
Janice K. Vos Caudill, Pitkin County, CO
1. Section 26.415.070. Prior to July 2006, the property undertook, or employed
someone to undertake, work on the property located at 300 West Main Street,
Aspen, Colo., a locally designated landmark property, without first obtaining a
building permit or a Development Order From the Historic Preservation
Commission.
2. Section 26.415.070. On or about October 31, 2006, the property undertook,
or employed someone to undertake, work on the above referenced property
without first obtaining a building permit or a Development Order from the
Historic Preservation Commission, violating a stop work order issued on June
22, 2006.
3. Section 26.415.070. On or about December 12, 2006, the property undertook,
or employed someone to undertake work, on the above referenced property
without first obtaining a building permit or a Development Order from the
Historic Preservation Commission, in violation of a stop work order issued on
November 15, 2006; and
WHEREAS, the Historic Preservation Commission finds that this Resolution furthers
and is necessary for the protection of public health, safety, and welfare; and
WHEREAS, at a regular meeting held on April 11, 2007, the Historic Preservation
Commission took testimony and continued the application to April 24, 2007. The public
hearing was opened on April 24, 2007 and continued to May 9, 2007, at which time the
Historic Preservation Commission approved a penalty with conditions by a vote of 4 to 0.
THEREFORE, BE IT RESOLVED:
The Historic Preservation Commission prohibits the property owner, Corene McGovern,
successor, or assigns from obtaining a building permit, with the exception of necessary
repairs in conformance with the Standards for Reasonable Care and Upkeep set forth in
Section 26.415.100.A, for the property located at 300 West Main Street, Lots Q, R, and
S, Block 44, City and Townsite of Aspen, Colorado for a period of four (4) years from
the date that this Resolution takes effect, with the following conditions:
1. The property owner shall record Resolution #18, Series of 2007, with the Pitkin
County Clerk and Recorder. A deed restriction shall be placed on the property to
ensure the enforcement of the penalty for a period of four years from May 9,
2007, the date Resolution #18, Series of 2007, was adopted.
2. The property owner shall restore the appearance of the building by following the
procedures set forth in Section 26.415.070.
3. A letter of apology and recognition of conduct shall be drafted and approved by
HPC Staff, and sent by the property owner to historic preservation certified
contractors and historic property owners.
4. A building permit to restore and repair the damages outlined in Staff s memo and
shall be issued by May 9, 2008, one (1) year from the date that Resolution #18,
Series of 2007, is approved.
5. This Resolution shall be recorded in the real property records of Pitkin County
and shall be binding upon the present owner and any subsequent owners of the
property
APPROVED BY THE COMMISSION at its regular meeting on the 9th day of
May, 2007.
Approved as to Form:
ames R. True, Special Counsel for the City Attorney
Approved as to Content:
HISTORIC PRESERV TION COMMISSION
Jeffrey Halferty, Chair
ATTES
athy Stri land, Chief Deputy Clerk