HomeMy WebLinkAboutminutes.council.special.20210419
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SPECIAL MEETING ASPEN CITY COUNCIL APRIL 19TH, 2021
At 4:00 p.m. Mayor Torre called the regular meeting to order with Councilors Richards, Mullins, Mesirow
and Hauenstein joining via video conference.
Consideration of 1020 Cooper LLC – Appeal of Aspen Historic Preservation Commission Determination
of February 17th, 2021 – James R. True, City Attorney
Pursuant to the Aspen Land Use Code, Title 26, of the Aspen Municipal Code, the applicant, 1020 Cooper
LLC, submitted an application for a project at 1020 E. Cooper Avenue. The project involves a historic
resource, and the applicant went before the Historic Preservation Commission. The application was
considered at two different public hearings. At both hearings, the applicant was afforded the
opportunity to address the HPC and public comment was heard in support of and against the project.
After the second public hearing, a motion was made to approve the application and seconded. The vote
was 2-2. Another motion was made to deny the application and seconded, which ended in a 3-1 vote
with the motion being carried. The appeal procedures do not allow for public comment at this time as
it’s decision must be based on the record. City Council may reverse, refer, or modify the decision made
by the HPC. If the decision is modified, Council will have full power to impose reasonable conditions.
They may also remand to the original body, which is the HPC with direction given. The decision by City
Council will be approved by resolution.
Mayor Torre said that councilor Mesirow’s video is down because of his wifi connection, but he is still
present and participating in the meeting.
Councilor Hauenstein said he has thoroughly read and reviewed all documents for this meeting.
Councilor Mullins asked how many commissioners are currently on the HPC. Mr. True said there are five
members currently, 4 regular and one alternate. The alternate had to recuse herself due to a conflict, so
only four voted. Amy Simon said there are normally seven regular members and two alternates on this
board.
Councilor Mesirow asked questions regarding process and Mr. True clarified. Councilor Mesirow said he
has watched, read and reviewed all of the information presented to him.
Councilor Richards affirmed that she also has reviewed all documents for this meeting as well.
Mayor Torre affirmed that he also has reviewed all necessary documentation.
Mr. True so there will be no additional staff presentation, however, council is able to ask questions of
staff.
Council continued to ask clarifying questions regarding process.
Mayor Torre said he is struggling with the fact that an applicant made a request for an active vote and
that it has landed us here. He can’t help but feel that the denial of this application was not based on the
criteria set forth. At this time, he would look at remanding this back to HPC.
Councilor Hauenstein said he feels there was an abuse of discretion by some commission members. He
cited commissioners Moyer and Kendrick as both stating that they object to the number of units in the
new element. Commissioner Kendrick mentioned community buy-in and that should not have been
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SPECIAL MEETING ASPEN CITY COUNCIL APRIL 19TH, 2021
considered either regarding guidelines for making this decision. This lacks balance between the different
criteria. He’s leaning towards approving the original resolution with conditions on page 466.
Mayor Torre said he is not seeing an abuse of discretion, himself. His issue is with the vote that took
place after the initial vote.
Councilor Richards said this is not easy for anyone. She respects everyone serving on this board, but she
agrees that livability is not one of the standards. This was being focused more on the use of the building
instead of the structure itself. She saw an exertion of powers beyond the board. This project is code
compliant in this zone district. She agrees with Ward about passing the original resolution with some
modifications and suggested a condition regarding noxious odors.
Councilor Mullins thanked everyone for all of the public comment. Having been on HPC for over seven
years, sometimes it can be a very hard job. HPC has a set of guidelines, but it’s a balancing act and you
can’t adhere to all of the guidelines all of the time. She agrees about the abuse of discretion and said it’s
not in their purview to talk about the number of units, to characterize community support, or
characterizing the behaviors of the tenant. She does not support HPC’s decision, but if a vote was
requested to move the project into another arena, that is very bothersome. She’s not sure whether to
remand or modify at this time. She hopes that HPC would have more members by the time this would
get back to them if they do remand it.
Councilor Hauenstein said he is appreciative of all the work that HPC has put in. He doesn’t support
remanding this back to HPC. It’s their duty to make a decision tonight. He would like to approve the
project with conditions.
Councilor Mesirow said when he was on P&Z, they had to approve projects they didn’t like, but they met
the criteria and the code. Looking at this, he has no question that HPC was acting outside of their role.
He can’t uphold their decision. He does think that this project could be better though, and it does
completely overshadow the historic resource. He suggested maybe the HPC guidelines need to be
updated.
Mr. True said they can only modify or remand this if there is a finding that there was an abuse of
discretion by the HPC.
Councilor Hauenstein said he believes that the HPC made their decision based on an abuse of discretion
and he can cite a few items to support the discretion: (1.) Transcript 2, page 120, line 18 and 19. (2.)
Transcript 2, page 120, line 17 and 18. (3.) Transcript 1, page 111, line 13-20. (4.) Transcript 1, page 112,
line 13 and 14. (5.) Transcript 1, page 97, line 10-16.
Councilor Mesirow confirmed that he agrees with the abuse of discretion that Ward outlined.
Councilor Mullins said she also supports the abuse of discretion.
Councilor Richards said she does believe HPC exceeded its discretion, which is considered an abuse. She
did not like the term “livability”. She agrees with the findings.
Mr. True said that council now needs to decide to remand the application or to modify the original
resolution.
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SPECIAL MEETING ASPEN CITY COUNCIL APRIL 19TH, 2021
Mayor Torre said he’s in favor of remanding this back to HPC. He proposes that council remand this back
to HPC for reconsideration pursuant to the criteria set forth in the HPC guidelines. He would be looking
for a consideration off the mass and size of the building in relation to the historic resource. He’d like to
see a 15% to 20% reduction in size.
Councilor Hauenstein respectfully is not in support of remanding it back to HPC. He said that the
applicant has already presented this to the HPC in two different hearings and he feels it’s council’s
responsibility to make a decision.
Councilor Mullins said she supports Torre’s suggestion. She said remanding it will allow additional public
comment and most important, it will give HPC the opportunity to relook at this project and what is
appropriate criteria to be considered.
Councilor Mesirow supports either approving or remanding. His first preference is to remand. The
project can get better and HPC is the place to do that with a full hearing. He’d also like to see a
reduction in mass and scale. If we can’t get there, he can support an approval.
Councilor Richards said last time we remanded a project back to HPC, the owner sold the property
because they didn’t want to go back through the HPC. She doesn’t know that remanding will create any
changes with the project. She thinks that asking for reduction in size is asking to act like it’s in a different
zone district.
Councilor Mullins said she’s in favor of remanding this. Mass and scale is within HPC’s purview and they
can make decisions about that.
Councilor Hauenstein said he is still not in favor of remanding.
Councilor Richards said she is now in line with Ward and is not in favor of remanding. She doesn’t feel
this will turn out any differently if sent back to HPC.
Mayor Torre said he’s not targeting something he wants. He wants to remand it because he feels it
belongs at their table and it could come back, he just doesn’t know.
Councilor Mullins agreed that it should go back to HPC and be treated how it should have been treated
in the first place under the HPC guidelines.
Councilor Hauenstein said he respects the other opinions, but he moved to approve the Resolution on
page 466 from the February 17th HPC hearing.
Mr. True asked Councilor Hauenstein to modify his motion to include to direct the city attorney to
return to you with a resolution with findings and conclusions that Councilor Hauenstein outlined.
Councilor Richards requested a 15-minute recess to think things through.
Council reconvened at 6:05 p.m.
Councilor Richards said she is going to support Torre and Ann on remanding this back to HPC to be
rereviewed under the HPC guidelines. HPC made some mistakes, so we need to let them correct the
mistakes and have a fair hearing.
Mr. True said that Amy Simon said the quickest this could get back in front of HPC would be June 9th.
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SPECIAL MEETING ASPEN CITY COUNCIL APRIL 19TH, 2021
Councilor Mesirow asked if we are going to be appointing new people to HPC and Mayor Torre said yes.
Councilor Hauenstein suggested they take a break and let the city attorney create a resolution to
remand this back to HPC.
Council went on break and reconvened at 6:35 p.m.
Mr. True shared Resolution #040, Series of 2021 on the screen. He said it would be appropriate to read
this into the record.
Councilor Mullins motioned to adopt Resolution #040; Councilor Richards seconded.
Mayor Torre read the resolution. He said he appreciates this and said he supports the resolution based
on process. He hopes all parties return to the table in the best interests of the community and
neighborhood and with careful and proper consideration.
Councilor Hauenstein said he respects the decision of council, but he will not be supporting this
resolution.
Roll call vote: Hauenstein, no; Mesirow, no; Mullins, yes; Richards, yes; Torre, yes. 3-2, motion carried.
Mayor Torre said this was not easy, but feels they are making the best decision to remand this back to
HPC and thanked everyone.
Councilor Richards motioned to adjourn; Councilor Mesirow seconded. Roll call vote: Hauenstein, yes;
Mesirow, yes; Mullins, yes; Richards, yes; Torre, yes. 5-0, motion carried.
_______________________________
City Clerk, Nicole Henning