HomeMy WebLinkAboutordinance.council.025-08ORDINANCE NO. 25
(SERIES OF 2008)
AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING
DESIGNATION OF THE PROPERTY LOCATED AT 28 SMUGGLER GROVE
ROAD, LOT 2, OF THE JUKATI SUBDIVISION, CITY OF ASPEN, COLORADO
TO THE ASPEN INVENTORY OF HISTORIC LANDMARK SITES AND
STRUCTURES
Parcel ID #:2737-074-00-018.
WHEREAS, the City of Aspen initiated Historic Landmark Review to add the property
located at 28 Smuggler Grove Road, Lot 2, Jukati Subdivision, City of Aspen, Colorado,
owned by Jim Byrnes, 28 Smuggler Grove Road, Aspen, to the Aspen Inventory of
Historic Landmark Sites and Structures; and
WHERAS, the Aspen City Council adopted Ordinance #30, Series of 2007 on July 10,
2007, authorizing the Community Development Department to initiate the designation
process without owner consent when deemed appropriate as indicated in the
aforementioned Ordinance; 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 Landmazk Sites and Structures shall be approved if City Council, after a
recommendation from HPC and City staff, determines sufficient evidence exists that the
property meets the following criteria:
26.415.030B. Criteria.
To be eligible for designation on the Aspen Inventory of Historic Landmazk Sites and
Structures, an individual building, site, structure or object or a collection of buildings,
sites, structures or objects must have a demonstrated quality of significance.
The significance of the property located at 28 Smuggler Grove Road will be evaluated
according to the following criteria:
1. A property is deemed significant for its antiquity, in that it is:
a. More than one hundred (100) years old,
b. It possesses an appropriate degree of integrity of location, setting,
design, materials, workmanship and association given its age; and
WHEREAS, at their regular meeting, based on a recommendation from City staff on
October 24, 2007, 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 of six to zero; and
WHEREAS, Saza Adams, in her City Council staff report dated November 9, 2007,
performed an analysis of the application based on the standards, found that the review
criteria had been met, and recommended approval; and
WHEREAS, the City Council finds that the application is complete and sufficient to
afford review and evaluation for approval; and
WHEREAS, on November 26a', 2007 the Aspen City Council approved Ordinance No. 51,
Series 2007, on First Reading by a five to zero vote, approving the designation of 28
Smuggler Grove Road to the Aspen Inventory of Historic Sites and Structures; and,
WHEREAS, the property owner requested that the application for Landmazk Review be
deferred on January 21, 2008; and
WHEREAS, the property owner voluntazily requested to proceed with Landmark Review
of the subject property on July 1, 2008 under the condition that existing incentives be
eligible to the subject property and any additional incentives that may result upon the
adoption of new historic preservation regulations in replacement of Ordinance No. 48
Series of 2007; and
WHEREAS, on August 25, 2008, the Aspen City Council approved Ordinance No. 25,
Series of 2008, on First Reading by a five to zero vote, approving the designation of 28
Smuggler Grove Road to the Aspen Inventory of Historic Sites and Structures and on
September 22, 2008 after a duly noticed public hearing, the Apsen City Council approved
Ordinance No. 25, Series of 2008, on Second Reading by a four to zero vote; and
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the
promotion of public health, safety, and welfaze.
WHEREAS, the City Council finds that the application meets or exceeds all applicable
standazds and that the addition of 28 Smuggler Grove Road 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,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO THAT:
Section 1
The City Council does hereby approve designation of the property located at, 28 Smuggler
Grove Road, Lot 2, Jukati Subdivision, City of Aspen, Colorado, to the Aspen Inventory of
Historic Landmazk Sites and Structures.
Section 2•
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 3:
That the City Clerk is directed, upon the adoption of this ordinance, to record a copy of
this ordinance and exhibits in the office of the Pitkin County Clerk and Recorder.
Section 4•
That the Community Development Director is directed, upon the adoption of this ordinance,
to cause the Official Zoning Map of the City of Aspen to be amended to reflect the rezoning
of the subject property as herein described.
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 sepazate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof.
Section 6:
A public heazing on the ordinance will be held on the 22"d day of September, 2008, in the
City Council Chambers, Aspen City Hall, Aspen, Colorado.
Section 8•
This ordinance shall become effective thirty (30) days following final passage.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 25~h day of August, 2008.
Attes : ~~~ c%z`-
Kathryn S. ch, City Clerk
Michael reland, Mayo
[signatures on the following page]
FINALLY, adopted, passed and approved this 22nd day of September, 2008.
Attest:
Kathryn S. ~, ity Clerk
Approved as to form:
r/~
Michael C. Ireland, Mayor
John P. Worce'ter, City Attorney