HomeMy WebLinkAboutordinance.council.016-09RECEPTION#: 561339, 07/24/2009 at
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1 OF 3, R $16.00 Doc Code ORDINANCE
Janice K. Vos Caudill, Pitkin County, CO
~xDINANCE #16
(Series of 2009)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO
TERMINATING ORDINANCE #48, SERIES OF 2007 NEGOTIATIONS FOR
LANDMARK DESIGNATION OF 210 W. FRANCIS STREET, LOTS P AND Q, BLOCK
48, CITY AND TOWNSITE OF ASPEN, COLORADO WITH CONDITIONS
PARCEL ID: 2735-124-17-005
WHEREAS, Joan Tobin, represented by Kim Raymond, architect, has applied for a building
permit to remodel the house she owns located at 210 W. Francis Street, Lots P and Q, Block 48,
City and Townsite of Aspen, Colorado. Under the provisions of Ordinance #48, Series of 2007,
Joan Tobin subsequently consented to a ninety day review and negotiation of potential historic
significance of the subject house. The negotiation period was extended, with the owner's
consent; and
WHEREAS, Section 26.415.025 (e) of the Municipal Code states that "the Community
Development Director shall confer with the Historic Preservation Commission, during a public
meeting, regarding the proposed building permit and the nature of the Potential Historic
Resource. The property owner shall be provided notice of this meeting with the Historic
Preservation Commission;" and
WHEREAS, the property owner was notified of the Historic Preservation Commission meeting;
and
WHEREAS, Amy Guthrie, Historic Preservation Officer, performed an analysis of the building
and the impact of the proposed alterations to the potential historic significance of the building
and found that the criteria for landmark designation are met; and
WHEREAS, at their regular meeting on September 24, 2008, the Historic Preservation
Commission considered the application and approved a motion to recommend Council pursue
negotiations for landmark designation by a vote of 6-0.
WHEREAS, the City Council finds that negotiation for landmazk designation maybe appropriate,
but are premature without any development plans or proposal from the applicant for incentives that
would deter demolition or alteration; and,
WHEREAS, the City Council finds that this Ordinance to terminate negotiation with conditions
furthers and is necessary for the promotion of public health, safety, and welfaze.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO, THAT:
210 W. Francis Street
Ordinance #48 Negotiation Review
Page 1 of 3
Section 1: Ordinance #48, Series of 2007 Negotiation
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code,
Aspen City Council hereby grants the following:
1. Council hereby authorizes Permit #0031.2009.ARBU, for the remodeling of 210 W.
Francis Street and Permit #0066.2008.ARBK, for the demolition of the house, to be
processed for issuance by the City of Aspen Building Department. The permits shall be
available for issuance for a period of 10 years from the effective date of this ordinance.
Prior to issuance, the owner shall provide written notification to the Community
Development Director, by certified mail. Receipt of the letter shall commence a new
ninety (90) day negotiation period. Within the ninety day negotiation period the
following shall occur:
a. The Community Development Director shall offer to meet with the property owner to
discuss the City Historic Preservation Program and development and other benefits
that the property maybe eligible to receive upon designation as a Historic Landmark.
The applicant will be asked to consider other alternatives to acting on the remodel or
demolition permits, and to identify incentives that would deter the demolition. Based
on the conversation with the owner, the Community Development Director may
waive the requirements of B and C, below.
b. The applicant will be asked to meet with the Historic Preservation Commission
during a public meeting to discuss alternatives to remodeling or demolition, and the
appropriateness of any incentives that the applicant requests. HPC shall make a
recommendation to City Council, whether the applicant participates in the meeting or
not.
c. The applicant will be asked to meet with City Council during a public meeting to
discuss alternatives to remodeling or demolition, and the appropriateness of any
incentives that the applicant requests. City Council may negotiate directly with the
property owner or may choose to direct the Community Development Director or
other City staff as necessary to negotiate with the property owner to reach a mutually
acceptable agreement for the preservation of the Resource. The City Council may
choose to provide this direction in Executive Session pursuant to State Statute. As
part of the mutually acceptable agreement, the City Council shall require that the
property be designated as a Historic Landmark pursuant to the standards and
limitation of the Municipal Code. Council may grant incentives by adopting an
Ordinance at a public hearing. Council may also direct HPC to grant incentives that
are within their own purview. City Council, at its sole discretion, may choose to
terminate negotiations at any time. Upon the passage of 90 days, or any mutually
agreed upon extension thereof, or upon Council's termination of the negotiation, if the
City and the property owner have failed to reach a mutually acceptable agreement,
Permit #0031.2009.ARBU or Permit #0066.2008.ARBK shall be issued.
210 W. Francis Street
Ordinance #48 Negotiation Review
Page 2 of 3
2. Upon issuance, Permit #0031.2009.ARBU or Permit #0066.2008.ARBK shall be valid
for a period consistent with the Building Code in effect at the time of issuance.
3. It is expected that the owner will cooperate in good faith with any efforts to relocate the
building in lieu of demolition.
Section 2: Severability
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 3: Existing Litigation
This ordinance shall not have any effect on existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances amended as herein
provided, and the same shall be construed and concluded under such prior ordinances.
Section 4: Public Hearing
A public hearing on the ordinance shall be held on the 22nd day of June, 2009, in the City Council
Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing a public
notice of the same was published in a newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 26th day of May, 2009.
ATTEST:
'_~,~.~
Kathryn Kocl~ity Clerk
Michael '. Ireland, M yor
FINALLY, adopted, passed and approved this 22"d day of June 2009. /
ATTE~T:
~~ l,~t~~~~~~~-
Kathryn Koch, ty Clerk
APPROVED AS TO FORM:
John W nester, City Attorney
Michael . Ireland,l yor
210 W. Francis Street
Ordinance #48 Negotiation Review
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