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HomeMy WebLinkAboutordinance.council.010-01 EXHIBIT A ORDNANCE NO. SERIES OF 2001 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN ENACTING A SIX MONTH SUSPENSION OF THE OPERATION OF SECTION 26.420.080 OF THE MUNICIPAL CODE RELATING TO ASPEN'S INVENTORY OF HISTORIC SITES AND STRUCTURES. WHEREAS, at a Joint Work Session on February 7, 2001, the City Council directed Community Development Staff to develop a plan / strategy as to how the Community Development Staff should proceed with the Historic Inventory, as well as other aspects of the City's historic preservation program; and WHEREAS, at a Work Session on Tuesday, February 20t~, 2001, the City Council reviewed a historic preservation plan / strategy proposed by the Community Development Staff; and WHEREAS, the Conununity Development Staff has recommended that City Council pass an ordinance suspending all actions on the inventory list (including current requests to be de-listed) for six months; and WHEREAS, Community Development Staff shall continue evaluating current Historic Preservation caseload (proposed additions and remodels of properties currently on the inventory or within a historic district) during this suspension of activity regarding the Inventory; and V~rIEREAS, at a public hearing, which was legally noticed and held at a regular meeting of the Aspen City Council on February 26t~, 2001, the City Council considered this temporary six-month suspension of all activity related to Aspen's Inventory of Historic Sites and Structures and approved this request; and WHEREAS, the City Council has detemqined that a significant number of citizens have asked that the section of the land use code relating to the inventory of historic sites and structures be amended immediately to enact procedures and standards that are fair; and WHEREAS, the City Council has determined that a six month stay of the operation of Section 26.480.080 of the Municipal Code must begin immediately to protect certain historic resources of the City; and WHEREAS, the City Council has determined that a six month period is the minimum amount of time that will be required by Staff to recommend appropriate amendments to Section 26.480.080 of the Municipal Code; 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 AS FOLLOWS: Section 1: That an emergency exists necessary to protect the health, peace, safety, and welfare of the Community. Accordingly this ordinance shall be considered an emergency ordinance in accordance with section 4.11 of the City of Aspen Home Rule Charter~ Section 2: That the operation of Section 26.420.080 of the Municipal Code, relating to the establishment of an inventory of historic sites and structures shall be stayed for a period of six months beginning upon final passage of this ordinance to enable City Staff to evaluate the effectiveness of said section of the City's land use code and to make recommendations to the City Council for appropriate amendments to the Municipal Code. Section 3: The owner of any property currently listed on Aspen's Inventory of Historic Sites and Structures pursuant to Section 26.420.080 of the Municipal Code, may appeal to the City Council for relief from the operation of this ordinance. The City Council, within thirty days of the filing of a written notice of appeal or as soon thereafter as is practical, shall conduct a heating in accordance with Chapter 26.316 of the Municipal Code. The City Council may grant relief from the operation of this ordinance upon a finding that: 1. the relief is generally consistent with the propose, goals, objectives and policies of the Aspen Area Community Plan and Chapter 26.420 of the Municipal Code; and 2. there are special conditions or circumstances which are unique to the applicant or the parcel; and 3. the granting of relief from the operation of this ordinance shall not confer any special privilege upon the applicant, other than relief from operation of this ordinance, which is not available to other similarly situated property owners. Section 3: This ordinance shall not effect 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 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 separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. INTRODUCED, READ AND ORDERED PUBLIS~-IED as provided by law, by the City Council of the City of Aspen on this ~(~ day of ~A~ 2001. Attest: FE~Igcl;-L¥, adopted, passed and approved as an emergency ordinance pursuant to Section 4.11 ofthe City Charter this o~- dayof~,2001. Attest: Kathryn S.~och, City Clerk chard Approved as to form: John ~Vor~est'er, City Attorney