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HomeMy WebLinkAboutordinance.council.017-00 ORDINANCE NO. 17, SERIES OF 2000 AN ORDINANCE OF THE ASPEN CITY COUNCIL PLACING A TEMPORARY STAY ON DEMOLITION PERMIT APPLICATIONS FOR CERTAIN PROPERTIES UNDER CONSIDERATION FOR THE CITY OF ASPEN INVENTORY OF HISTORIC SITES AND STRUCTURES This ordinance has been adopted as an emergency ordinance in accordance with Section 4.11 of the Charter of the City of Aspen. The facts showing such urgency and need are set forth below. WHEREAS, the Community Development Department has initiated an update of' the City of Aspen "Inventory of Historic Sites and Structures, which is required by the Aspen Land Use Code and the Aspen Area Community Plan;" and WHEREAS, the focus of the update is to add properties which have achieved historic significance, many of which are Post World War II era structures that were not thoroughly evaluated in the previous update; and WHEREAS, the Community Development Department has recently received inquiries regarding the demolition process for buildings under consideration; and WHEREAS, the Community Development Department is concerned with the potential loss of resources before such time that the update is completed and the sites are considered through a formal adoption process; and WHEREAS, without a stay on demolition permit applications, the properties under consideration have no protection and the Community Development Department will have no authority to delay or deny a permit on the basis of historic significance; and WHEREAS, the Community Development Department recommends that City Council take prompt action to stay demolition requests on the properties listed in "Exhibit A," until such time that they are either added to the "Inventory of Historic Sites and Structures" or removed from consideration; and WHEREAS, the City Council has declared an emergency in accordance with Section 4.11 of the City of Aspen Charter; 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. That the City Council does hereby declare an emergency pursuant to Section 4.11 of the Aspen City Charter for the preservation of public property, health, peace, and safety of the City of Aspen and its citizens inasmuch as evidence presented to Council indicates that certain historic resom'ces are threatened with demolition. Section 2. Pursuant to the findings set forth in Section 1, above, the City Council does hereby adopt this ordinance and place a stay on demolition permits for those properties listed in "Exhibit A." The stay shall be in effect until such time as the property is added to the inventory or removed from consideration, or by November 1, 2000, whichever is soonest. Section 3. The owner of any property listed on "Exhibit A," who wishes to apply for a demolition permit prior to such time as the property is added to the inventory or removed from consideration, or by November 1, 2000, whichever is soonest, may appeal to the City Council, to have the temporary stay removed. The appeal shall require a public hearing. Section 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 provision and such holding shall not affect the validity of the remaining portions thereof. Section 5. 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 6. A public hearing on the ordinance shall be held on the 12t~ day of June, 2000, at 5:00 p.m. in the City Council Chambers, Aspen City Hall, 130 South Galena, Aspen, CO. Publication of the ordinance shall be within ten (10) days after final passage. INTRODUCED AND READ as provided by law by the City Council of the City of Aspen on the 22nd day of May, 2000. Ranch I~E. Richards,~ ATTEST:' Kathryn S.~och, City Clerk FINALLY, adopted, passed and approved this 12th day of June, 2000. ~ 'hards, Mayor ATTEST: -~ Kathryn S. K,o//h; ~it~ Clerk "EXHIBIT A" 410 S. Aspen Street 433 W. Bleeker Street 501 W. Bleeker Street 827 E. Dean Street 219 E. Durant Avenue 333 E. Durant Avenue 100 E. Francis Street 233 E. Gilbert Street 615 Gillespie Avenue 625 Gillespie Avenue 211 W. Hopkins 413 W. Hopkins 500 W. Hopkins Avenue 100 E. Hyman Avenue 1022 E. Hyman Avenue 312 W. Hyman Avenue 765 Meadows Road 320/320 1/2 Midland Avenue 301 W. North Street 707 W. North Street 215 Park Avenue 850 Roaring Fork Drive 0017 Shady Lane 949 W. Smuggler 28 Smuggler Grove Road 63 Smuggler Grove Road 210N. 3rd Street