HomeMy WebLinkAboutordinance.council.028-03 ORDINANCE NO. 28
(Series of 2003)
AN ORDINANCE OF TIIE ASPEN CITY COUNCIL APPROVING TIlE
REQUEST TO REMOVE 202 S. GARMISCII STREET, LOTS A AND B, BLOCK
68, CITY AND TOWNSITE OF ASPEN, COLORADO, FROM TIlE ASPEN
INVENTORY OF lllSTORIC LANDMARK SITES AND STRUCTURES
PARCEL ID//: 2735-124-580-01
WllEREAS, the applicant, The Pearl L. Bishop Trust, has requested that the
historic designation of their property be rescinded and that the property be de-listed from
the Aspen Inventory of Historic Landmark Sites and Structures. The property is located
at 202 S. Garmisch Street, Lots A and B, Block 68, City and Townsite of Aspen,
Colorado; and
WlIEREAS, Section 26.415.050 of the Aspen Municipal Code establishes the
process for Rescinding Designation and states that an application for the removal of a
property from the Aspen Inventory &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
WIIEREAS, at a regular meeting held on May 14, 2003, the Historic Preservation
Commission was presented with the Community Development Department staff's
analysis of the application, as well as the owner's. The analysis was based on the
standards, 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.
Staff recommended that the property be de-listed from the Aspen Inventory of Historic
Landmark Sites and Structures. HPC found the property does not meet the standards for
designation, and recommended to City Council that 202 S. Garmisch Street be de-listed
from the Aspen Inventory of Historic Landmark Sites and Structures by a vote of 5 to 0;
and
WItEREAS, the 'Aspen City Council has considered the request for de-listing
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
WllEREAS, the City Council finds that 202 S. Garmisch Street, does not meet
the standards for designation and has determined that 202 S. Garmisch Street should be
de-listed from the Aspen Inventory of Historic Landmark Sites and Structures; and
WHEREAS, the City Council finds that this Ordinance furthers and is necessary
for the public health, safety and welfare.
NOW, TItEREFORE, BE IT ORDAINED BY TIIE CITY COUNCIL OF TIlE
CITY OF ASPEN, COLORADO, TIIAT:
Section 1
Pursuant to the procedures and standards set forth in Title 26 of the Aspen
Municipal code, 202 S. Garmisch Street, Lots A and B, Block 68, City and Townsite of
Aspen, Colorado, does not meet the standards of Historic Landmark Designation and
shall be de-listed from the Aspen Inventory of Historic Landmark Sites and Structures.
Section 2
The Community Development Director is hereby directed to have ,the official
zoning map of the City and/or any other maps depicting those properties listed on the
Aspen Inventory of Historic Sites and Structures changed to reflect the de-listing of 202
S. Garmisch Street.
Section 3
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 repealed or amended as herein provided, and the same shall be conducted
and concluded under such prior ordinances.
~ectlon 4
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 portion shall be deemed a separate, distinct, and independent provision and shall not
affect the validity of the remaining portions thereof.
~ectlon 5
A public hearing on the Ordinance was held on the 23rd day of June, 2003, in the
City Council Chambers, Aspen City tlall, Aspen Colorado.
INTRODUCED, READ AND ORDERED PUBLISI1ED as provided by law by
the City Council of the City of Aspen on the 27th day of May, 2003.
ATTEST:
_ kathr~,n $. l~li, ~,ty Clerk
l(elen
FINALLY~ adopted, passed and approved this 23rd day of June, 2003.
l~elen ~ahX~/~la~r h d, l~iayor
ATTEST:
Kathryn S. ~/~ch, Cfly Clerk
Approved as to form:
City Attorney