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HomeMy WebLinkAboutordinance.council.015-01 ORDINANCE NO. 15 (SERIES OF 2001) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING APPROVAL FOR LANDMARK DESIGNATION OF 328 PARK AVENUE, A METES AND BOUNDS PARCEL WITHIN THE CITY OF ASPEN, ASPEN, COLORADO PARCEL ID #2737-181-00-045 WHEREAS, the applicants, 328 Park Avenue LLC, have requested Historic Landmark Designation for the property located at 328 Park Avenue, a metes and bounds parcel within the City and Townsite of Aspen. The property is currently listed on the "Inventory of Historic Sites and Structures"; and WHEREAS, pursuant to Section 26.420.020, requests for landmark designation shall be reviewed and recommended for approval, approval with conditions, or disapproval by the Community Developmem Director, by the HPC, and by the Planning and Zoning Commission at a public hearing, and then approved, approved with conditions, or disapproved at a public hearing by the City Council; and WHEREAS, the Community Developmem Director performed an analysis of the application based on the standards, found favorably for the application, and recommended approval of landmark designation; and WHEREAS, the Aspen Historic Preservation Commission reviewed and recommended approval of landmark designation by a vote of 6-0 on April 11, 2001; and WHEREAS, the Aspen Planning and Zoning Commission reviewed and recommended approval of landmark designation by a vote of 5 to 0 on April 17, 2001; and WHEREAS, all applications for Historic Landmark Designation shall meet two or more of the following Standards for Designation of Section 26.420.010 in order for Council to grant approval, namely: A. Historical Importance: The structure or site is a principal or secondary structure or site commonly identified or associated with a person or event of historical significance to the cultural, social, or political history of Aspen, the State of Colorado, or the United States. B. Architectural Importance. The structure or site reflects an architectural style that is umque, distinct or of traditional Aspen character, or the structure or site embodies the distinguishing characteristics of a significant or unique architectural type (based on building form or use), or specimen. I IIIIII IIIII IIIIII IIIIII III IIIIII IIIIII III IIIII Jill IIII 455761 06/25/2001 1~.:20R ORDINRNC DRVIS S'rLV! I o~' 4 R 20,00 D 0.00 N 0,00 P!TK!N COUNTY CO C. Designer. The structure is a significant work of an architect or designer whose individual work has influenced the character of Aspen. D. Neighborhood Character. The structure or site is a significant component of an historically significant neighborhood and the preservation of the structure or site is important for the maintenance of that neighborhood character. E. Community Character. The structure or site is critical to the preservation of the character of the Aspen community because..of its relationship in terms of size, location and architectural similarity to other structures or sites of historical or architectural importance; and WHEREAS, the Aspen City Council has reviewed and considered the Landmark Designation, has reviewed and considered those recommendations made by the Community Development Department, the Historic Preservation Commission, and the Planning and Zoning Commission, and has taken and considered public comment at a public hearing; and WHEREAS, the City Council finds that the Landmark Designation meets or exceeds all applicable development standards of the above referenced Municipal Code sections; and WHEREAS, the applicant requests, and Council hereby approves a one-time $2,000 landmark grant pursuant to Section 26.420.030, if available in this fiscal year; and WHEREAS, the City Council £mds that this Ordinance furthers and is necessary for the public health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1: Pursuant to Section 26.420.020 of the Municipal Code, the City Council finds as follows in regard to the Historic Landmark Designation and Grant Request: 1. The applicant's submission is complete and sufficient to afford review and evaluation for approval; and, 2. The landmark designation is appropriate, finding that standards B (architectural importance) and E (community character) of Section 26.420.010 are met; and 3. The property is eligible for, and the applicant shall receive a $2,000 landmark designation grant, if funds are available in this fiscal year. Section 2: Pursuant to the findings set forth in Section 1, above, the City Council does hereby designate as an Historic Landmark 328 Park Avenue, City and Townsite of Aspen, without conditions. I IIIIII IIIII IIIIII IIIIII III IIIIII IIIIII Iii IIIII IIII IIII 455761. 06/25/200! 11:20R ORDINRNC DRVIS SILV! 2 of 4 R 20.00 D 0.00 N 0.00 P!TK!N COUNTY CO Section 3: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such provision and such holding shall not affect the validity of the remaining portions thereof. Section 4: 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 5: A public hearing on the Ordinance was held on the 14th day of May, 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 23rd day of April, 2001. ~ryn,S./l~och, City Clerk APPROVED AS TO FORM: City Attorney I Illlll IIIII Dill IIIIII III IIIIII IIIIII III IIIII IIII IIII 455761 06/25/2051 1~,:20R ORDINRNC DAVIS $*rLv'r FINALLY, adopted, passed and approved this 14th day of May, 2001. Kaih~ffS.~oeh, Ci~ Clerk G] pl~in~aspe~pc/cases/l~328p~kord 455761 06/25/2001 11:20R ORDINRNC DAV'rs SILV! 4 o¢ 4 R 20 00 D 0 00 N 0.00 PITK'tN COUNTY CO