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REGULAR MEETING HISTORIC PRESERVATION COMMISSION SEPTEMBER 14, 2022
Ms. Thompson opened the regular meeting of the Aspen Historic Preservation Commission at 4:35pm.
Commissioners in attendance: Kara Thompson, Jeffrey Halferty, Roger Moyer, and Barb Pitchford.
Staff present:
Amy Simon, Planning Director
Natalie Feinberg Lopez, Principal Planner Historic Preservation
Sarah Yoon, Historic Preservation Planner
Kate Johnson, Assistant City Attorney
Mike Sear, Deputy City Clerk
Risa Rushmore, Administrative Assistant II
Ms. Thompson motioned to adjust the meeting agenda to start with New Business. Mr. Moyer
seconded. All in favor, motion passes.
NEW BUSINESS:
422 – 434 E. Cooper Ave. –Substantial Amendment to Major Development, PUBLIC HEARING
Applicant Presentation: Chris Bendon – Bendon Adams
Mr. Bendon started by introducing the project and applicant. He also introduced Jimmy Marcus, the
project manager from M Development. He mentioned that the massing of the project is the same, but
some detail changes have triggered this review by HPC. He then briefly went over the past approvals for
this project. He then showed a few historical pictures of the building. Showing a rendering of the project
approved in 2016 next to the proposed rendering he went over some details of the approved design and
proposed changes. One change was to relocate the main entry to the corner, to which Mr. Bendon
showed some other examples of corner entries in the downtown. He then showed approved and
proposed renderings of the secondary entrance on Galena St. and went over the proposed changes.
Next, he showed some examples of skylights currently in the downtown, going over some of their details
and also mentioned the approved, but yet to be developed skylight feature at the new Jazz Aspen
project at 414-422 East Cooper. Then he went over proposed materials and showed a few examples of
different bricks and a picture of a skylight that was the inspiration for the one proposed for this project.
Mr. Bendon mentioned a letter that the HPC members had received (Exhibit L) from the attorney of a
neighbor to the project. Mr. Bendon went over the concerns of glare and glow that the neighbor
expressed. He said that he had spoken to the neighbor’s attorney and that they would work as a good
neighbor and that the neighbor’s views were important to them. He went on to describe some of the
aspects of the design and benefits it will provide the neighborhood. He then introduced Gary Friedman,
CEO of RH, and Jordan Brown who leads the design team for RH to talk about their design goals for the
building. Ms. Brown and Mr. Friedman spoke to the overall design of the building, what the skylights
bring to the project and what they hope to give back to the community. Mr. Friedman started by sharing
RH’s overall design philosophy and their vision for the project. Renderings of the proposed skylights and
open space between the first and second floors were shown while Mr. Friedman described the details of
the skylight design. Ms. Brown reiterated their desire to be good neighbors with respect to being
mindful dark sky ordinances and controlling their environment to be both beautiful and harmonious
within the place they are.
REGULAR MEETING HISTORIC PRESERVATION COMMISSION SEPTEMBER 14, 2022
Mr. Bendon then showed a picture taken from Little Nell ski run looking into town which included a
rendering of the proposed building, noting their understanding of how the building appears from the
mountain. He also showed the same view from the mountain into town but as it would appear at night
with lighting from the proposed building and the surrounding area.
Mr. Moyer asked when construction would resume. Mr. Bendon said as soon as they could, but that
there were some decisions to be made regarding this review that translate into structural elements.
Ms. Pitchford asked about comments at the beginning of the presentation regarding the recessed
secondary entry, that it could be address or fixed. She asked, being a significant issue, if anything more
could be explained about that comment. Mr. Bendon explained that in their revised proposal they have
changed from the approved recessed entryway to a flat fenestration, but if important to the HPC they
could adjust on.
Ms. Thompson asked some clarifying questions about modifying their proposed entry way if they
needed to recess it.
Mr. Halferty commented that the proposed changes to make the entryways flush instead of recessed
would add FAR and Mr. Bendon concurred but said it would be nominal. Mr. Halferty then asked if the
night view rendering was an accurate depiction of the lumens that would come from the skylight. Mr.
Friedman said it was pretty accurate.
Mr. Bendon noted that since the secondary entries were mainly intended for egress the flush mounted
design would differentiate them from a primary entrance.
Ms. Thompson asked if the main entrance on the corner would be covered. Ms. Jordan said the door is
slightly recessed but is not covered by an overhang.
SUBMIT PUBLIC NOTICE FOR AGENDA ITEMS: Ms. Johnson said that she reviewed public notice, and
that notice was provided per the code for the agenda item.
Staff Presentation: Amy Simon, Planning Director
Ms. Simon started by going over the history of the approvals of the project. She said that staff has
thoroughly vetted this application and it is an appropriated filed amendment to a standing major
development approval granted by HPC. The amendment does not change the massing or character, nor
is much of a deviation from what was seen before. She then mentioned that new design guidelines were
adopted in 2017 and those are what will be applied here. Next, she went over the differences between
“standards” and “guidelines” for review criteria. She mentioned that staff finds some of the revisions to
the ground floor to be improvements, namely the increased plate height and narrowing of storefront
openings, creating a more vertical proportion and that staff recommends this amendment. She did say
that there are two mandatory standards relating to the entrances that staff finds are not met. One
standard is that both primary and secondary entries be recessed. There is also concern about the height
of the door on the end of the building closet to the alley. The grade slopes there and staff finds the
proposed height of the door is inconsistent with others in the neighborhood. Moving to the upper floor,
she mentioned that staff has not provided a recommendation of support in regard to the skylights,
sighting two guidelines in particular. One being that with the amount of skylights covering enough of the
roof space, staff feels it is moving away from compliance with the characteristics of the downtown. Staff
REGULAR MEETING HISTORIC PRESERVATION COMMISSION SEPTEMBER 14, 2022
has recommended against approval. There is also a concern that with the upper floor already having a
lot of glazing, combined with the proposed skylights on the roof it will potentially create illumination
that is out of character with the downtown. Overall, staff is in support of the ground floor revisions, but
concerned over the roof plane and recommends HPC either provide a partial approval of aspects they
find in compliance or after discussion continue the hearing to October 12th.
PUBLIC COMMENT: Evan Wyly introduced himself as a neighbor in the Paragon building. He spoke to his
concerns the proposed changes will make regarding the increase in height and potential light pollution.
He also mentioned concern over the glare that could be produced during the day.
Bart Johnson introduced himself as an attorney for Edward Slatkin who lives in the Paragon building. Mr.
Johnson spoke to Mr. Slatkin’s concerns about potential impacts from light pollution at night and glare.
He also mentioned some concern of the potential amount of activity and noise from the upper terrace.
Between the main skylight, that he estimated at over 1,000 square feet, and the 4 other skylights there
is a lot of potential light.
Ms. Johnson closed the public comment and allowed the applicant to respond to staff’s presentation
and public comments.
Mr. Bendon thanked Ms. Simon for her time in working with the applicant team on these iterations. He
then responded to the two standards Ms. Simon brought up regarding the recessed entries and height
of the door on the north end toward the alley. He said the applicant team see those as more detail
oriented and they could be worked on with staff and monitor. He noted that the design team had spent
a lot of time on the skylights thinking about how to make them a beautiful element of the building with
minimal impact to pedestrian view planes. He noted that they are in compliance with the code regarding
the height of the building and that the downtown core does have activity and the building has always
been designed as a commercial space. They do have empathy for the neighbors’ concerns and are
willing to continue to work with neighbors on the glare and glow issues.
Mr. Marcus stated that he doesn’t believe he has even worked with a developer that has been as
painstaking with every detail on a design and taken the amount of time honoring the guidelines. He
spoke to the benefits this building will bring to the community and that the skylight will be a huge
amenity to the town compared to what is usually on most roofs.
Mr. Freidman responded to the concerns of evening noise and light. He said that their restaurants take
last seating at 9:00pm and they don’t have a bar or serve hard alcohol. Regarding the lighting, they only
use dark solar skylights and have low level, extremely dim restaurant lighting.
BOARD DISCUSSION: Ms. Thompson started by agreeing with staff that the entrances should be
recessed to come into compliance with the commercial design requirements. She also did not think it
appropriate to have five skylights but would be ok allowing one skylight and would want to continue the
meeting to hear more from the applicant about the details of the skylight and glass. She then appointed
Mr. Halfety the chair for the rest of the meeting and said she would rejoin the meeting shortly.
Mr. Halferty also agreed with staff regarding the recessed entries. He felt that the skylights work for the
space and that they comply with the guidelines. He agreed with the applicants trying to energize more
roofs as opposed to just having mechanicals. He thought that the glazing and shading of the skylights in
respect to the neighbors could be done with staff and monitor.
REGULAR MEETING HISTORIC PRESERVATION COMMISSION SEPTEMBER 14, 2022
Ms. Pitchford agreed with staff that the secondary entries need to meet the standards and she could not
support the skylights as they don’t, in her mind meet the guidelines.
Mr. Moyer agreed with staff on the entries and said he was completely opposed to the skylights as
designed. If there is to be a skylight it should be flat and not visible from the street. He was also
concerned about rooftop implements related to the restaurant.
Mr. Bendon said that this may be an item that the applicant would like to continue. He said there are
some aspects that can be taken care of with staff and monitor, but the number, scale and scope of the
skylights could be something they could look at and potentially come back with a slightly amended
proposal. Ms. Simon conferred that the next meeting they could bring this back would be October 12th.
MOTION: Mr. Moyer motioned to continue the hearing to October 12th, 2022. Ms. Pitchford seconded.
Roll call vote: Mr. Moyer, yes; Ms. Pitchford, yes; Mr. Halferty, yes; Ms. Thompson, yes. 4-0; All in favor,
motion passes.
STAFF COMMENTS: Ms. Yoon took the time to inform the Board that she would be leaving the City of
Aspen. She said it has been a great five years and thanked the members for all the help and support they
have provided her.
MINUTES: Mr. Moyer motioned to continue the approval of the minutes from 8/10/22. Ms. Pitchford
seconded. All in favor, motion passes.
PUBLIC COMMENTS: None.
DISCLOSURE OF CONFLICTS OF INTEREST: None.
PROJECT MONITORING: None.
CERTIFICATE OF NO NEGATIVE EFFECT: None.
CALL UP REPORTS: None.
COMMISSION MEMBER COMMENTS: Mr. Moyer stated he was appalled by the “holes in the ground”
and unfinished projects around town. He asked if the Commission could write a letter to City Council
demanding that something be done so that this doesn’t go on in the future. He mentioned several
comments he has received from people in town.
Ms. Johnson noted that this issue came up at the City Council meeting the night before. Many
Councilors shared the same concerns and have directed staff to start putting together some options in
that area. She said that the HPC board could decide to author a letter and submit it to Council as a board
or as individuals. Ms. Simon described some State statutes and City code language that perpetuates
approvals for some length of time and that is what we are seeing at work here.
Ms. Pitchford agreed with Mr. Moyer’s thoughts and wanted to know if there was some action HPC
could make to get some movement on this. She was in support of sending a letter to City Council.
REGULAR MEETING HISTORIC PRESERVATION COMMISSION SEPTEMBER 14, 2022
Mr. Halferty said that he would like to be able to urge City Council on this matter but didn’t want to
push their board’s rights.
Ms. Johnson said in crafting a letter, the board needed to be careful about open meetings law and went
on to explain what can and can’t be done regarding discussions between members.
Mr. Moyer said that after hearing comments, maybe a letter would not be advisable at the moment and
that members should speak to City Council members and staff one on one.
Ms. Pitchford agreed with Mr. Moyer about talking one on one with City Council members and staff and
if after that and some time they don’t feel like things are moving, to discuss at a regular meeting and
potentially write a letter.
ADJOURN: Ms. Pitchford motioned to adjourn the regular meeting. Mr. Moyer seconded. All in favor;
motion passes.
____________________
Mike Sear, Deputy City Clerk