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HomeMy WebLinkAboutresolution.council.040-21 RESOLUTION#40 (Series of 2021) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, REVERSING THE DETERMINATION OF THE CITY OF ASPEN HISTORIC PRESERVATION COMMISSION REGARDING THE APPLICATION OF 1020 COOPER LLC AND REMANDING THE APPLICATION TO THE ASPEN HISTORIC PRESERVATION COMMISSION FOR FURTHER CONSIDERATION AS SET FORTH HEREIN. WHEREAS,pursuant to the Aspen Land Use Code,Title 26,of the Aspen Municipal Code, the applicant submitted an application to the City of Aspen to develop an affordable housing project at 1020 E. Cooper Ave., Aspen, Colorado. Applicant requested Conceptual Major Development, Relocation, Demolition, Growth Management, Certificate of Affordable Housing Credits, Transportation and Parking Management approvals from the Historic Preservation Commission(HPC); and WHEREAS, the application was considered by the HPC at two separate public hearings. The first hearing took place on January 13, 2021. That hearing was continued until February 17, 2021. At both public hearings,the applicant was afforded an opportunity to address the HPC and public comments both for and against the project were taken; and WHEREAS, at the time of the two hearings, the HPC consisted of five appointed citizens. However, due to an actual conflict of one of the five appointed citizens, that member recused herself. Thus,the matter was considered by the remaining four members of the HPC; and WHEREAS, following the second public hearing on the application, a motion to approve the application with conditions was made and seconded. The vote on such motion was two for and two against. Pursuant to the code, that vote was deemed a failed action. Following further discussion,a motion to deny was made and seconded. One member of the HPC who had voted in favor of the application, voted for denial for the express purpose of moving the application on given the clear divide of the HPC; and. WHEREAS, following the denial of the application by a majority vote of the HPC, the applicant timely appealed the decision. Pursuant to Aspen Land Use Code (LUC) Section 26.415.120 A., an appeal of a decision of the HPC is heard by the City Council. WHEREAS, LUC Section 26.316.030. -Appeal procedures, states, in pertinent part: (e) Standard of review. Unless otherwise specifically stated in this Title, the decision-making body authorized to hear the appeal shall decide the appeal based solely upon the record established by the body from which the appeal is taken. A decision or determination shall be not be reversed or modified unless there is a finding that there was a denial of due process or the administrative body has exceeded its jurisdiction or abused its discretion. (f)Action by the decision-making body hearing the appeal. The decision-making body hearing the appeal may reverse, affirm or modify the decision or determination appealed from and, if the decision is modified, shall be deemed to have all the powers of the officer, board or commission from whom the appeal is taken, including the power to impose reasonable conditions to be complied with by the appellant. The decision-making body may also elect to remand an appeal to the body that originally heard the matter for further proceedings consistent with that body's jurisdiction and directions given,if any,by the body hearing the appeal.The decision shall be approved by written resolution. All appeals shall be public meetings; and, WHEREAS,the City Council has reviewed the record on appeal and makes the following findings and determinations pursuant to the Aspen Land Use Code and applicable laws related to administrative determinations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, Section 1. FINDINGS The City Council hereby adopts the recitals set forth above and makes the following findings based on its review of the record on appeal: A. 1020 Cooper Ave LLC is the record owner of property located at 1020 E. Cooper Avenue, Aspen,Colorado("Property"). The property is designated as an historic landmark pursuant to a formal action taken by a prior owner of the property and the City of Aspen. B. On or about November 25, 2020, 1020 Cooper Ave LLC submitted an application to redevelop the Property pursuant to the City of Aspen Land Use Code. The application requested Conceptual Major Development,Relocation,Demolition, Growth Management, Certificate of Affordable Housing Credits, Transportation and Parking Management approvals from the Aspen Historic Preservation Commission(HPC). C. Pursuant to such application and the LUC, the matter was set for a public hearing before the HPC on January 13, 2021. D. The HPC conducted two public hearings considering the application. The first was held on January 13,2021. That hearing was continued until February 17, 2021. At both public hearings, the applicant was afforded an opportunity to address the HPC and public comments both for and against the project were taken. E. Neither the applicant nor any affected party was denied due process at any point throughout the consideration of this application. F. Council specifically finds that although members of the HPC found the project's mass and scale to be inconsistent with the guidelines, the basis for these members' conclusions concerning mass and scale were primarily based and clearly tainted by consideration of criteria that are not within the LUC or the Historic Preservation Design Guidelines adopted pursuant to the LUC,and were therefore a misinterpretation and misapplication of the code and the Design Guidelines. These considerations by members of the HPC included but are not limited to,consideration of the number of units,the number of occupants,the nature of the occupants,the amount of parking and the lack of support of neighbors. Consequently, Council finds that the HPC abused its discretion in denying the application before it. G. Finally, although the action was understandable, due to the deadlock of the proceedings at HPC, one member of the HPC, who had voted in favor of the application,voted for denial for the express purpose of moving the application. Although the intent of this action was in good faith and was even at the request of the applicant, since the vote was admittedly without proper legal basis, the action must also be deemed an abuse of discretion on the part of the HPC. Section 2. DETERMINATION OF COUNCIL Based on the findings set forth above,the City Council hereby determines that the decision of the HPC must be and hereby is reversed and the matter is remanded to HPC to consider the application pursuant to proper criteria set forth in the Aspen Land Use Code and Design Guidelines adopted pursuant to the LUC and the Aspen Area Community Plan. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 19ch day of April 2021. 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 April 19, 2021. G� • Nicole Henning, City 1