HomeMy WebLinkAboutresolution.council.033-21 CITY OF ASPEN, COLORADO
CITY COUNCIL
RESOLUTION# 33
(Series of 2021)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
SETTING THE DATE OF APPEAL AND ADOPTING PROCEDURES FOR THE CONDUCT
OF THE APPEAL OF THE HISTORIC PRESERVATION COMMISSION'S
DETERMINATION OF FEBRUARY 17, 2021.
WHEREAS, pursuant to Chapter 26.316 of the Aspen Municipal Code, 1020 E. Cooper
LLC has timely filed an appeal of the Aspen Historic Preservation Commission denying the
application of 1020 E. Cooper LLC,for redevelopment of property located at 1020 E. Cooper Ave,
Aspen, Colorado; and
WHEREAS,pursuant to Chapter 26.316 of the Aspen Municipal Code,the appeal is heard
by the Aspen City Council and is reviewed on the record established by the decision-making body
from which the appeal is taken; and
WHEREAS, the City Council has determined that it is in the best interest of the City and
the parties involved to hear the appeal at a special meeting and to formally set forth specific
procedures for the conduct of the appeal applicant's appeal.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO,
Section 1.
Pursuant to Section 4.2, of the Aspen Municipal Charter, the City Council hereby directs the City
Clerk to call and properly notice a Special Meeting of City Council to be held on April 19, 2021,
commencing at 4:00 p.m.,for the purpose of hearing the appeal of the Aspen Historic Preservation
Commission ("HPC") determination denying the application of 1020 E. Cooper LLC, for
redevelopment of property located at 1020 E. Cooper Ave, Aspen, Colorado.
Section 2.
Pursuant to Section 26.316.030 of the Aspen Municipal Code and Section XVIII of the Rules and
Regulations of the Aspen City Council, the Council hereby adopts the following procedures for
the conduct of this appeal:
PRELIMINARY PROCEDURES:
1. Video of Hearings of HPC are available at:
https://records.ciiyofaspen.com/weblink/O/fol/I 986097/Rowl.aspx\
2. The record of the hearings of HPC shall be made available to the applicant and the
public no later than March 26, 2021.
3. Written Legal Arguments shall be allowed pursuant to the following procedures:
(a) Schedule for submission:
All legal arguments shall be submitted to the Office of the City Clerk on or
before April 9, 2021 at 12:00 noon. Such written arguments can be sent to
the Clerk at Nicole.henning@cityofaspen.com or deliver in person or by
mail to the City Clerk, 130 S.Galena Street,Aspen,CO 81611,no later than
the date and time specified herein.
(b) Who may submit:
Applicant may submit a written argument in support of its appeal.
HPC may submit a written argument in support of its decision.
Any other interested party may submit a written argument in support of or
in opposition to the application.
(c) Requirements of written submissions:
Page Limits:
Applicant: 10 pages, double spaced, 12 pt. font, including exhibits,
1"margins.
HPC: 10 pages, double spaced, 12 pt. font, including exhibits, 1"
margins.
All other parties: 7 pages, double spaced, 12 pt. font, including
exhibits.
Content:
Anyone submitting a brief should confine their arguments to the
facts in the record before the HPC. No additional evidence shall be
submitted or considered by Council. The record will be paginated
so that references to the facts should contain a reference to the page
in the record where the facts were presented.
All written arguments must be submitted to the Clerk's Office no later than April 9,2021 at
12:00 noon.
CONDUCT OF HEARING:
1. No oral presentation will be made to Council.
2. The Public may attend the meeting through Webex. However, no public
comment shall be taken.
3. Any party who has submitted a written argument in support of a position
may wish to be available to answer appropriate questions from Council.
4. Council shall review the record and deliberate based on the record and legal
positions presented.
INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on
the 23rd day of March 2021.
7XF91
Torre, Mayor
I,Nicole Henning, duly appointed and acting City Clerk do certify that the foregoing is a
true and accurate copy of that resolution adopted by the City Council of the City of Aspen,
Colorado, at a meeting held on March 23, 2021.
Nicole Henning, Cityle