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Home My WebLink Aboutordinance.council.055-82 RECORD OF PROCEEDINGS 100 Leaves (Series of 1982) AN ORDINANCE OF THE CITY COUNCIL OF ASPEN, COLORADO, AMENDING CHAPTER 24, ARTICLE IX, OF THE ASPEN MUNICIPAL CODE -- HISTORIC DESIGNATION WHEREAS, the Historic Preservation Committee (HPC) has requested amendment to two sections of Chapter 24, Article IX, Historic Designation, of the Aspen Municipal Code, and WHEREAS, the Aspen Planning and Zoning Commission has re- viewed the proposed amendments at a public hearing held on Septem- ber 28, 1982, and adopted a resolution recommending certain amend- ments at its meeting of October 5, 1982, and WHEREAS, Section 24-9.2 further states that a regular member who will be in absence shall appoint an alternate to act in his/ her stead and as a practical matter this arrangement has not functioned adequately, and WHEREAS, since the HPC is empowered to operate as a design review board and to review proposed designs for alterations to historic structures and to evaluate the compatibility of new con- struction proposed for historic districts, the composition of the Committee, by the expertise and experience of its individual mem- bers, is vitally important and should be set out in the Ordinance, and WHEREAS, Section 24-9.10(b)(Procedures) is being amended to conform to the established sequence of application origination and processing, and WHEREAS, the designation procedure outlined in Chapter 24, Article, IX proved to be very satisfactory to the recently-com- pleted process of individually designating inventoried historic structures. RECORD OF PROCEEDINGS 109 Leaves NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That Section 24-9.2 of the Municipal Code of the City of Aspen be and and the same is hereby is repealed and reenacted to read as follows: "Sec. 24-9.2. Creation of historic preservation committee. There shall be established an historic preservation committee with seven (7) regular and three (3) alternate members all appointed by the city council. The composition of the com- mission shall include members with expertise in the fields of design, architecture, history, real estate and law. The alternate shall attend all meetings and be allowed to vote in the absence of a regular member. The powers and duties of the committee are hereinafter prescribed and include, in part: (a) To make recommendations to the planning commission and the city council on the designation of H, Historic Over- lay Districts and to provide support material necessary to justify such designation; (b) To review and render decisions on individual building permit applications within H, Historic Overlay Dis- tricts. Section 2 That Sections 24-9.10(b) and (c) of the Municipal Code of the City of Aspen be and the same hereby are repealed and reenacted to read as follows: "Sec. 24-9.10. Procedure to authorize erection, removal, construction, reconstruction, remodeling or demolition of structures, combination of structures, sites or areas designated as H, Historic Overlay District, for preservation. (b) Prior to the preparation of working drawings and speci- fications or calling for proposals or bids from contrac- tors, the prospective property developers, owners or agents shall prepare preliminary scale drawings and out- line specifications for review and informal discussion. Said preliminary scale drawings and outline specifica- tions, together with such other information as may be required to enable an intelligent understanding of the proposed work and a written request for the pre-applica- tion review, shall be submitted to the planning office. All documents submitted to the planning office for these required reviews shall be in triplicate prepared in a RECORD OF PROCEEDINGS 100 Leaves form suitable for filing in a standard size office fil- ing cabinet. No exhibits need be submitted with a re- quest to move or demolish a structure or combination of structures. Should the planning office determine that preliminary scale drawings and outline specifications demonstrate that no change to the exterior appearance of structures or combinations of structures will result, the planning office may exempt the applicant from a pre- application review with the historic preservation com- mittee and shall notify the building department to con- tinue to process the building permit in accordance with appropriate regulations. In cases where exterior changes will result, the planning office shall notify the committee promptly of each pre-application received and shall set a meeting date for said pre-application review. In cases of very minor repair projects the his- toric preservation committee, if preliminary drawings and other data are sufficiently clear and explicit, may grant approval at the pre-application stage and a repre- sentative of the building department shall be assigned as a liaison to the historic preservation committee and be in attendance at all meetings. The building inspec- tor shall continue to process the building permit in accordance with appropriate regulations. (c) In cases where approval is not given at the pre-applica- tion stage the following procedures shall apply. In processing each application for a building permit, under the provisions of this section, the historic preserva- tion committee shall hold at least one (1) public hear- ing, notice of the time and place of which shall be given at least fifteen (15) days in advance by publica- tion in a newspaper having general circulation in the City of Aspen. If the exhibits submitted for the pre- application review are deemed inadequate for holding a public hearing and for forming a clear idea of the pro- posed work, the committee shall postpone action until adequate exhibits have been submitted. After such pub- lic hearing, the committee shall: (1) Approve, or approve with conditions, the building permit as it pertains to the provisions of this section, and the assigned building inspector shall then continue in accordance with the provisions of this code. (2) Disapprove the building permit applied for as it pertains to this section, and the building inspec- tor shall deny the building permit. Recommenda- tions of approval, disapproval or conditional approval shall be noted in the minutes of the pro- ceedings. No permit for work within an H, Historic Overlay District, may be issued without the approval or conditional approval of the committee except in cases exempted by the planning office or granted by the committee in the pre-application stage or except after appeal as provided elsewhere in this section." RECORD OF PROCEEDINGS 100 Leaves 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 portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. Section 4 A public hearing on the ordinance shall be held on the ~day of ~, 1982, at 5:00 P.M. in the City Council Chambers, Aspen City Hall, 130 South Galena Street, Aspen, Colorado, 15 days prior to which hearing notice of the same shall be 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, Colorado, at its regular meeting held ~ /~ , 1982. 'Susan E. Michhel,'Mayor Pro Tem ATTEST: FINALLY adopted, passed and approved this ~day of 1982. --_..~ Herman Edel, Mayor ATTEST: ~ City Clerk RECORD OF PROCEEDINGS 100 Leaves ) ss C~gN%Y OF PITKIN ) I, Kathryn S. Koch, City Cle~'k of Aspen, Colorado, do hereby certify that the above and foregoing ordinance was introduced, read in full, and passed on _~__ reacing au 'a regular meening of the City Council of the City of Aspen on ...... , 19 , and published in the Aspen Time6 a w~ckly nn. wspa~.' ~,.r~, of general circu!- at:io~, published zn the Ci. ffy o.f A~n~ Colorado, in its and approved at a regular meeting of the Ciizy Council on , !9 anG oxd ...... d published as Ordinance No. _~ ....... , Series of i9~._ of sail Cihy, as proviCed by law. iN WITNESS WHEREOF, I have hereunto sef: my hand and the seal of sa~a City of Aspen. Coio!'adl,, hhis ~~ day of ~i .... · 19F/S- SFAL