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RECEPTION#: 702254, R: �18.00, D: $0.00
DOC CODE: RESOLUTION
Pg 1 of 2, 05/07/2024 at 12:10:19 PM
Ingrid K. Grueter, Pitkin County, CO
RESOLUTION #02
(SERIES OF 2024)
A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION CO1I�IMISSION (HPC)
IMPOSING PENALTIES FOR VIOLATION OF THE MI.TNICIP�►.L CODE, SECTION
26.415- I�[ISTORIC PRESERVATION, RELATED TO T�[E PROPERTY LOCATED AT
227 EAST MAIN STREET, LOT F, BLOCK 74, CITY A,ND TOWI�TSITE OF ASPEN,
COLOF;ADO
PARCEL ID: 2735-073-28-003
WI3E��EAS, the applicant, 227 East Main, LLC, 312 Aspen Airport Business Center, Suite D,
Aspen Colorado 81611, represented by Milo Stark, Kim Raymond Architecture and Interiors,
501 East Lyman Avenue, Suite 205, Aspen Colorado 81611, and TREK Builders LLC, 312
Aspen Airport Business Center, Suite D, Aspen Colorado 81611, received land use approvals
and a building permit to undertake a historic preservation prof ect located at 227 East Main Street,
Lot F, Block 74, City and Townsite of Aspen, Colorado; and
'�'VrHEREAS, the approvals are represented by HPC Resolution #09, Series of 2020; fIPC
Resolution #13, Series of 2020; and Building Permit #0128-2020-BRES; and
��V'HEREAS, at a site visit on February 15, 2024, the City of Aspen Historic Preservation
Officer and Chief Building Official observed evidence that violations of the land use approvals
granted by I-IPC, the permit granted by the Building Department, and the obligations of the
Historic Preservation Specialty Certification issued to contractors working on designated
properties had occurred, and this led to the issuance of a Stop Work Order by the City of Aspen
Chief Building Official on February 16, 2024, and
'��V'HEREAS, pursuant to Sections 26.415.070 and 26.415.080 of the City of Aspen Land Use
Code, no repairs, improvements, alterations, or demolition of properties designated on the Aspen
Inventory of Historic Landmark Sites and Structures or properties within a Historic District is
allowed unless approved by fiPC; and
'�'V'HEREAS, Section 26.415.140 of the Municipal Code establishes penalties which may be
imposed by the HPC in response to violations of Chapter 26.415 of the City Land Use Code and
the historic preservation approvals granted thereunder; and
WHEREAS, the Corrim.unity Development Department scheduled a duly noticed information
session before the HPC on March 27, 2024, and provided a sunrunary of the permit history,
actions leading to the issuance of a Stop Work Order, and of the possible penalties �IPC is
authorized to impose by Section 26.415.140 of the City Land Use Code; and
'ti'V�IEREAS, the Community Development Department scheduled a duly noticed public hearing
before the HPC on April 10, 2024, and after taking into consideration the staff memo,
information provided by the property owner and representatives, and public comments, I-IPC has
made a determination by a 6 to 0 vote, that 227 East Main LLC is in violation of its land use
ffPC Resolution #02, Series of 2024
Page 1 of 2
approvals and Section 26.415 of the Municipal Code pertaining
the imposition of penalties is warranted.
NOW, THEIZ.EFORE, BE IT RESOLVED:
to historic preservation, and that
Section 1: Penalties
That HPC hereby imposes the followingpenalties on related to unauthorized p uthorized work at 227 East Main
Street, Lot F, Block 74, City and Townsite of Aspen Colorado:
1. HPC Resolution #09, Series of 2020, required the applicant to rovide a $30 000 financial
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security to be held by the city to guarantee safe relocation of the historic structure. As offered
by the applicant in their March 21, 2024 correspondence, this guarantee will be retained b
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the City and will not be returned to the applicant due to the violations to the land use code
that were found to have occurred.
2. Pursuant to 26.415.140(1), the structure will be restored to its appearance prior to the
violation. Prior to any work beginning, a restoration plan detailing the approach to restore the
structure to its original appearance and the preservation of the maximum amount of historical
materials will be reviewed and approved by staff and monitor. Areas where the roof has been
raised will be lowered to the on
original condition. Plans to return the structure to its appearance
prior to the violation shall comply w'
th all applicable City of Aspen codes and regulations.
In addition to the above penalties, HPC recommends to the Ci of As en Chief Buildin
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Official that the Stop Work Order, issued on February 16, 2024, remain in lace for construction
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work not related to penalty #2 above until restoration work is com feted and approved b staff
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and monitor.
Section 3: Severabili
If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for an reason
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held invalid or unconstitutional in a court of competent ' jurisdiction, such portion shall be
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deemed a separate, distinct and independent provision and shall not affect the validity of the
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remaining portions thereof.
APPROVED BY TYXE C011�IMISSYON at its regular meeting on the 1 Oth da of A ril 2024.
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Approved as to Form:
ine Johnso
"sistant City Attorney
Ivllxe year, Deputy C;lty Clerk
Approved as to Content:
ompson, Chair
HPC Resolution #02, Series of 2024