HomeMy WebLinkAboutordinance.council.020-81FORM 5O C.F. ROECK[L 8. B. & L. CO.
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ORDINANCE NO. ~
(Series of 1981)
ORDINANCE IMPOSING A SIX (6) MONTH
MORATORIUM ON THE ISSUANCE OF PERMITS
TO DEMOLISH OR REMOVE EXISTING STRUC-
TURES THAT HAVE BEEN DESIGNATED AS
HAVING EITHER HISTORICAL OR ARCHITEC-
TURAL SIGNIFICANCE iN'THE'~NVENTORY ~F
HISTORIC STRUCTURES DATED DECE~ER 19,
1980, PREPARED FOR THE CITY OF ASPEN
BY JOHN STANFORD AND VERA KIRKPATRICK.
WHEREAS, an Inventory of Historic Sites and Structures
dated December 19, 1980 has been prepared for the City of
Aspen by John Stanford and Vera Kirkpatrick designating
existing structures in the City of Aspen as having either
historical or architectural significance, which inventory
is incorporated herein by reference, and
WHEREAS, Section 24-9.1 et. seq. of the Aspen Municipal
Code establishes procedures for the preservation and con-
tinued existence of historic structures within the City of
Aspen, and
WHEREAS, the City Council has been presented with an
initiative petition proposing an amendment to Section 24-10.,9
of the Aspen Municipal Code to provide for the review and
approval by the Historic Preservation Commission prior to
any demolition or removal of a structure designated in the
aforesaid inventory in a ReS~idential Bonus Overlay District,
and
WHEREAS, the petitioners' committee of the initiative
have announced to the City Council that the intent of the
proposed amendment is to preserve from demolition certain
structures having architectural and historic significance
which have not yet been designated as historic structures
pursuant to the provisions of Section 24-9.1 et. seq. of
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the Aspen Municipal Code, and
WHEREAS, the City Council shares the concern of the
petitioners' committee that structures appearing in the
aforesaid inventory which have historic or architectural
significance be preserved so as to promote the educational,
cultural, economic and general welfare of the public insofar
as the qualities of said structures relate to the history
of the City of Aspen, the State of Colorado and the nation, and
WHEREAS, in light of the aforesaid initiative petition
and the concerns expressed by the petitioners' committee,
it is the intent of the City Council that all of the
structures appearing in the aforesaid inventory be reviewed
for the purpose of either designating as historic those
structures with historic and architectural significance or,
if necessary, establishing legislation to assure that such
structures not be removed or demolished without proper
review, and
WHEREAS, in order to preserve structures having historic
and architectural significance pending a thorough review as
stated above, the City Council deems it necessary and appro-
priate to impose a six (6) month moratorium on the issuance of
all permits for the demolition or removal of the structures
appearing in the aforesaid inventory,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO:
Section 1: That for a period of six (6) months from
the effective date hereof, a moratorium is hereby imposed
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on the issuance of any permits to demolish or remove
existing structures that have been designated as having
either historical or architectural significance in the
Inventory of Historic Structures dated December 19, 1980,
prepared for the City of Aspen by John Stafford and Vera
Kirkpatrick.
Section 2: That pursuant to the aforesaid moratorium
and during a period of six (6) months from the effective
date hereof, the Building Inspector is hereby directed not
to issue any permits to demolish or remove structures appear-
ing in the aforesaid inventory unless the application is
approved by resolUtion of the City Council.
Section 3: This moratorium may be lifted by resolution
of the City Council either generally or specifically with
respect to an'individual structure upon a finding by the~
City Council that the structure proposed to be removed or
demolished is not, in fact, historically or architecturally
significant.
Section 4: If any subsection, sentence, claUse,
phrase or portion of this ordinance is for any reason held
invalid or unconstitutional by any court of competent juris-
diction, such portion shall be deemed a separate, distinct
and independent provision and such holding shall not affect
the validity of the remaining portions hereof.
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Section 5: A public hearing on the ordinance
shall be held on the // day of ~
1981,
at
5:00 P.M. in the City Council Chambers,~ Aspen City
Hall, Aspen, Colorado.
INTRODUCED, READ AND ORDERED published as pro-
vided by law by the City Council of the City of Aspen,
Colorado, at its regular meeting held on the /~ day
of ~ , 1981.
Mayor
C~yhrcY~ Koch ' '
FINALLY adopted, passed and approved on the
day of ~_ , 1981.
Mayor Pro Tem
C~yhrcY~erS~Koch ~ .~
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TATE OF COLORADO )
) ss
COUNTY OF PITKIN )
CERTIFICATE
I, Kathryn S. Koch, City Clerk of Aspen, Colorado,
do hereby certify that the above and foregoing ordinance was
introduce~,~, read in full, and passed on ~
rec~ctzng at a regular meeting of the City Council of the
City of Aspen on ~ /~__, 19~..~___/, and published
in ~he Aspen Times a weekly newspaper of general circul-
ation, Published in the City of Aspen, Colorado, in its
, 19 ~ and was finally adopted
and approved at a regular meeting of the City Council on
o
Ordinance No. ~ · Series of 19.~, of said City, as
P o~dea by law.
IN WITNESS WHEREOF, I have hereunto set my hand and
the seal of said City of Aspen, Colorado, this /~-~-~
day of ._______~~~
SEAL
Deputy ~~--------