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ORDINANCE NO. 15
(Series of 2003)
ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING THE REQUEST
TO REMOVE 720 S. ASPEN STREET, THE HOLLAND HOUSE LODGE. FROM
THE ASPEN INVENTORY OF HISTORIC LANDMARK SITES AND
STRUCTURES
PARCEL ID#: 2735-131-19-001
WHEREAS, the applicants, John Simmons and Yasmine dePagter, owners of the
Holland House, have requested that the historic designation on their property be
rescinded and that the property be removed from the Aspen Inventory of Historic
Landmark Sites and Structures. The property is located at 720 S. Aspen Street, Lots I, 2,
13, and 14, Block 9 and a portion of a vacated alley southerly of Lot 1 and 2 Eames
Addition, City of Aspen, Colorado; and
WHEREAS, Se6tion 26.4151050 of the Aspen Municipal Code establishes the
process for Rescinding Designation and states that an 'application fo~ the removal of a
property from the Aspen Inventory of Historic Landmark Sites and Structures shall
follow the same submission requirements and review procedures as for designation
except that with respect to Section 26.415.030(C)(4) an explanation shall be provided
describing why the property no longer meets the criteria for designation. The HPC and
City Council shall determine if sufficient evidence exists that the property no longer
meets the criteria for designation and, if so, shall remove the property from the Inventory;
and
WHEREAS, staff, in a report dated October 9, 2002 performed an analysis of the
application based on the standards, and using the guidelines, score: sheets, and other tools
established through Section 26.415.030.B.4 of the Aspen Municipal Code in order to
apply the criteria set forth in this Section to potentially eligible buildings, sites, structures
or objects, or collections thereof and has recommended that the property remain listed on
the Aspen Inventory of Historic Landmark Sites and Structures; and
WHEREAS, at a regular meeting held on October 9, 2002, the Historic
Preservation Commission considered the application, found the property to meet the
standards for designation and recommended to City Council that 720 S. Aspen Street
remain on the Aspen Inventory of Historic Landmark Sites and Structures by a vote of 4
to 1; and
WHEREAS, the Aspen City Council has reviewed and considered the request for
delisting under the applicable provisions of the Municipal Code as identified herein, has
reviewed and considered those recommendations made by the Community Development
Department, and the HPC, and has taken and considered public comment at a public
hearing; and
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BILVIR D~IVI$ PITKIN COUNTY CO R 16.00 D 0.00
WHEREAS, A public hearing on the Ordinance was held on the 24ti' day of
March, 2003, at 5:00 o'clock pm in the City Council Chambers, Aspen City Hall, 130 S.
Galena St. Prior to such hearing a public notice of the same was published in a newspaper
of general circulation within the City of Aspen; and
WHEREAS, the City Council finds that 720 S. Aspen Street, the Holland House,
does not meet the standards for designation and has determined that 720 S. Aspen Street
should be removed from the Aspen Inventory of Historic Landmark Sites and Structures
by avote of 5 to 0; and
WHEREAS, the City Council finds 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 the procedures and standards set forth in Title 26 of the Aspen Municipal
code, the Holland House, located at 720 S. Aspen Street, does not meet the standards of
Historic Landmark Designation and shall be removed from the Aspen Inventory of
Historic Landmark Sites and Structures.
Section 2
All material representations and commitments made by the applicant pursuant to this
application, whether in public hearings or documentation presented before the Historic
Preservation Commission and City Council, are hereby incorporated in such plan
approvals and the same shall be complied with as if fully set forth herein, unless amended
by an authorized entity.
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 ~ompetent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision ~md shall not effect the
validity of the remaining portions thereof.
INTRODUCED, READ, AND ORDERED PUBLISHED ON FIRST READING as
provided by laxv by the City Council of the City of Aspen on the 24th day of February,
2003.
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04/24/2003 10
SILVIA DlqVIS PITKIN COUNTY CO R ~[6.00 D 0.00
ATTEST: MAYOR:
Kathryn S. K~I~, Cit~/Clerk den al~ Klffn'~rud
FINALLY, adopted, passed and approved this 24t~' day of March, 2003.
ATTEST:
~thryn S. K~ ~ity Cl~rk
APPROVED AS TO FORM:
, City Attorney