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HomeMy WebLinkAboutordinance.council.033-01 ORDINANCE NO. 33 SERIES OF 2001 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN EXTENDING A SUSPENSION OF THE OPERATION OF SECTION 26.420.080 OF THE MUNICIPAL CODE, RELATING TO THE INVENTORY OF HISTORIC SITES AND STRUCTURES, FOR AN ADDITIONAL SIX MONTH PERIOD WHEREAS, at a joint Council/HPC worksession on February 7, 2001, City Council directed Community Development Department staff to develop a plan for improving the historic inventory process and other aspects of the City's historic preservation program. Said plan was presented to Council and endorsed on February 20, 2001. The plan included a request to temporarily suspend reviews of any requests to de-list from the current inventory so that staff could have the time to focus on completing the program overhaul. All other normal operations related to historic preservation, including caseload review, would continue; and WHEREAS, City Council agreed that this course of action was appropriate and approved, via Ordinance #10, Series of 2001, a six month suspension, set to expire on August 26, 2001; and WHEREAS, although substantial progress has been made during the six month period, the final product, which includes amendments to the Municipal Code that will require review by Council, have not been completed by the expiration of the stay; and WHEREAS, the .Community Development Department requests Council approval of a six month extension of the stay, retroactive to August 27, 2001, to allow time for review and adoption of the new ~nventory process, associated regulations, and preservation benefits; and WHEREAS, an appeal method established as part of Ordinance #10, Series of 2001 is provided in this ordinance so that an owner may ask to have his property evaluated under the current system if there are special conditions or circumstances which make waiting for the adoption of the new system onerous; and WHEREAS, the City Council has determined that a significant number of citizens have an interest in seeing the historic preservation provisions of the Municipal Code amended to enact procedures that are consistent, fair, and predictable; and WHEREAS, the City Council has determined that an additional period of up to six months is needed to bring the progress that has been made to date before the citizens for comment and the review boards for adoption; 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 the operations 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, from August 27, 2001 until February 27, 2002. Section 2: 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 after as is practical, shall conduct a hearing in accordance with Chapter 26.316, Appeals, 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 purpose, 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 the operation of this Ordinance, which is not available to other similarly situated property owners. Section 3: 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 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. Section 5: A public hearing on the Ordinance was held on the 10th day of September, 2001 at 5:00 P.M. 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 once 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 13th day of August, 2001. 'KathrY ~n,S./~ocfiTcity Clerk - APPROVED AS TO FORM: John Worc~[t~r,~City Attorney FINALLY, adopted, passed and approved this 10th day of Sc ~te. ~er, 20ill. /~I~le~g din~ ~i~n~md, Mayor _ -AT~EScTz. Kathryn S//~ch, City Clerk