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Home My WebLink AboutOct 24_ScruggsFrom:David Scruggs To:Amy Simon Cc:Kevin Rayes; Kate Johnson; Bart Holtzman; Rich Corbett; Krista Eddy; Ward Hauenstein; Skippy Mesirow; Torre Torre Subject:Re: Development of Affordable Housing at 205 West Main—Hearing before the Historic Preservation Commission 10/26/2022 Date:Monday, October 24, 2022 7:34:11 AM Attachments:image001.png image001.png image001.png image001.png Amy and Historic Preservation Commission Members Thank you for providing the link to the HPC packet. I and my neighbors support workforce affordable housing but we disagree with the staff’s report concerning density, mass, height, compatibility with the neighborhood and the on site Victorian, and failure to provide adequate parking. As I and others are out of town I was perplexed and dismayed to find out this meeting and every 4th Wednesday meeting of the HPC is not Webex. The 2nd Wednesday meeting is Webex. This dichotomy is disturbing as matters scheduled for the 4th Wednesday do not get the same public participation avenues as the 2nd Wednesday meetings. This is illogical. You have also informed me that we CANNOT participate by telephone. This is an astounding declaration and revelation. In 2022 the HPC and the City of Aspen cannot provide technology for telephone participation? Please reconsider either having the October 26,2022 HPC meeting held by Webex or alternatively at least allow telephone participation. To fail to do so denies citizens participation and the right to be heard concerning this development which will impact us. Again, we support workforce affordable housing , but question density, mass, height, compatibility with the neighborhood and the on site Victorian, and failure to provide adequate parking. Please advise as to the method of access (Webex or telephone) to this meeting as an alternative to in person. “Widespread public access to knowledge….is one of the pillars of our democracy, a guarantee that we can maintain a well-informed citizenry ... “Scott Turow Thank you David Scruggs 212 West Hopkins 9014934820 Widespread public access to knowledge….is one of the pillars of our democracy, a guarantee that we can maintain a well-informed citizenry ... Scott Turow On Oct 21, 2022, at 5:00 PM, Amy Simon <amy.simon@aspen.gov> wrote: Hi all- here is a link to the HPC packet. https://d3n9y02raazwpg.cloudfront.net/cityofaspen/ac5f4e50-baa8-445c-abb3- 821eae53a698-d668032e-018e-40d4-8c31-74b5cb43dc4c-1666387669.pdf Please let me know if you have questions. David, just so you know, the guidelines you mention below that start with a “3” are for commercial, lodge or mixed use development in the Main Street Historic District. This project is just subject to the Historic Preservation Design Guidelines and the Residential Design Standards, discussed in the packet. Similar concepts are expressed in all the guidelines though, so nothing is overlooked. Amy Simon (she/her/hers) Planning Director | Community Development (O): 970.429.2758 | (C): 970.309.9353 www.cityofaspen.com My typical in-office hours are Tuesday, Thursday, and Friday, 9:15-5:15. I work remotely Monday and Wednesday, 9:15-5:15. Our Values: Stewardship | Partnership | Service | Innovation Notice and Disclaimer: This message is intended only for the individual or entity to which it is addressed and may contain information that is confidential and exempt from disclosure pursuant to applicable law. If you are not the intended recipient, please reply to the sender that you have received the message in error and then delete it. Further, the information or opinions contained in this email are advisory in nature only and are not binding on the City of Aspen. If applicable, the information and opinions contain in the email are based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The opinions and information contained herein do not create a legal or vested right or any claim of detrimental reliance. From: David Scruggs <dscruggs@evanspetree.com> Sent: Friday, October 21, 2022 6:43 AM To: Amy Simon <amy.simon@aspen.gov> Cc: Kevin Rayes <kevin.rayes@aspen.gov>; Kate Johnson <kate.johnson@aspen.gov>; Bart Holtzman <bart.holtzman@gmail.com>; Rich Corbett <corbett9@gmail.com>; Krista Eddy <eddy@reesehenry.com> Subject: Re: Development of Affordable Housing at 205 West Main—Hearing before the Historic Preservation Commission 10/26/2022 Thanks Amy I will be looking for the link to the HPC packet and thank you in advance for sending same. I have copied some neighbors who are also concerned. It will be interesting to see how Staff addresses the major issues of Size and Scale, Site Plan, Density and Parking and Compatibility with the neighborhood, historic district and the on site historic structure. We believe the new structure is NOT harmonious with its surroundings and the conflicts with the Victorian in size and siting. Also the cramped nature of the project ,with a dearth of open space for twenty one bedrooms and 9 families makes it seem unlivable. We need to provide affordable workforce housing which is also habitable ,provides quality of life for the occupants and surrounding neighbors. This project needs a redo. Thanks again David Scruggs 212 West Hopkins 9014934820 On Oct 20, 2022, at 4:15 PM, Amy Simon <amy.simon@aspen.gov> wrote: Hi David- I received your letter this morning and it will be included in the HPC packet, which will be issued tomorrow. I’ll send you the link to the packet when it is ready and you can read the full staff evaluation there. I want to assure you that Community Development and other City Departments have been looking at this project and preparing our analysis since August and there has been no shortage of attention given to our preparation for HPC. Amy Simon (she/her/hers) Planning Director | Community Development (O): 970.429.2758 | (C): 970.309.9353 www.cityofaspen.com My typical in-office hours are Tuesday, Thursday, and Friday, 9:15-5:15. I work remotely Monday and Wednesday, 9:15-5:15. Our Values: Stewardship | Partnership | Service | Innovation Notice and Disclaimer: This message is intended only for the individual or entity to which it is addressed and may contain information that is confidential and exempt from disclosure pursuant to applicable law. If you are not the intended recipient, please reply to the sender that you have received the message in error and then delete it. Further, the information or opinions contained in this email are advisory in nature only and are not binding on the City of Aspen. If applicable, the information and opinions contain in the email are based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The opinions and information contained herein do not create a legal or vested right or any claim of detrimental reliance. From: David Scruggs <dscruggs@evanspetree.com> Sent: Thursday, October 20, 2022 2:50 PM To: Amy Simon <amy.simon@aspen.gov>; Kevin Rayes <kevin.rayes@aspen.gov> Cc: Kate Johnson <kate.johnson@aspen.gov> Subject: Re: Development of Affordable Housing at 205 West Main Amy and Kevin We believe the Size and Scale, the Site plan, Density and Parking should be thoughtfully considered by Staff . I understand that HPC staff is greatly diminished and you both are pulling “double Duty”. For that reason I wrote a detailed examination of this proposal citing to HPC guidelines 11.3 & 11.4 and Main Street specific guidelines 3.4, 3.6, and 3.8. We believe this application fails to comply with those provisions. Please inform me of the position of staff and the staff recommendations for this project. I would appreciate being advised of Staff’s position as soon as determined. Thank you David Scruggs 212 West Hopkins 9014934820 On Oct 20, 2022, at 11:43 AM, David Scruggs <dscruggs@evanspetree.com> wrote: October 20, 2022 Members of the Historic Preservation Commission Thank you for taking the time to read my public comment. I live in a landmark at 212 West Hopkins and share an alley with this project. I have a lot of concerns about the size of the proposal and impacts of the proposed density on the neighborhood and on the future residents that will live at 205 W. Main. I do not oppose affordable housing and I honestly think this is a good location for affordable housing as long as the project is appropriately sized and in compliance with your guidelines . 205 West Main Street was originally located on East Hallam Street at the intersection of Monarch Street. This one and half story modest residence was constructed between 1890 and 1898 based on the Sanborn Fire Insurance Maps (1904 map is below). The Denver Public Library western heritage collection includes a photograph of the house in its original location. (See attached) I will keep my thoughts brief and to the point. Size and Scale As a corner lot in a historic district, this project is just too large. I understand the desire to house as many people as possible, but not at the expense of the historic district, the one and a half story landmark, and the surrounding historic buildings in the block. The landmark is swallowed up by the surrounding new buildings. A three story building without any upper floor setbacks is too tall compared to the landmark. I do not see how your guidelines 11.3 and 11.4 and the Main Street specific guidelines 3.4, 3.6, and 3.8 are met. Putting the guidelines aside, the project asks for more floor area than typically permitted based on specific review criteria. The application states that additional floor area does not “have any significant impact on the height, density, setbacks, or other parameters.” Adding floor area to this historic property absolutely facilitates taller buildings, bigger buildings, more density and less open space – counter to the character description of the Main Street Historic District and to the modest one and half story historic building. In light of this we request HPC REMOVE the THIRD FLOOR of the new building to better relate to the neighborhood and the small landmark on the property. Site plan The building may not be in its original location, but the generous front yard along Main Street is characteristic of its original location shown on the 1904 map. This is also listed as important in your Main Street Historic District guidelines: “the rhythm of mature cottonwood, ditches and sidewalk, and generous yards with one- and two- story Victorian buildings strongly convey Aspen’s mining heritage.” Moving the house toward Main Street into a corner changes that relationship. According to your historic guidelines 1.1 and 1.7, projects are supposed to respect the historic development pattern of the block and district and to provide open space between buildings. I do not see how there is enough “positive open space” on the site. The number of lightwells and limited space between buildings removes any opportunity to enjoy the space between the buildings. The three story building across the back of the property creates a huge backdrop that cuts off any feeling of openness on the property. I ask HPC to consider the historic context of the building when it was located on Hallam Street and in its current location on Main Street, and to find an appropriate compromise that PROVIDES MORE OPEN SPACE around the landmark and some transparency through the property. Density 9 units are proposed with 21 bedrooms. Many of the units are more below grade than above grade, which makes some sense in the landmark building but does not make sense in completely new construction. All of the units, with the exception of Unit 104, are smaller than the minimum requirement. The need for variances from the City’s standards demonstrates that there are just too many units and bedrooms jammed onto this property. We ask that HPC REDUCE the NUMBER of UNITS to SIX. Parking 9 units and 21 bedrooms are proposed with 7 parking spaces. I understand that the rules only require 7 parking spaces, but this seems extremely inadequate. Two and three bedroom units need at least one parking space per unit. The neighborhood is already overparked being so close to downtown and there is very limited street parking. In the block bounded by West Main and West Hopkins between 1st and 2nd Steets are 43 dwelling units with only 29 parking places provided on site, including this proposal at 205 West Main. That one block will have a deficit of 14 parking places on site. Combined with smaller subgrade units and barely any storage, the lack of parking brings into question the actual livability of this project for future residents. We ask that the HPC provide on site at a minimum ONE PARKING SPACE PER UNIT. In summary we request the following: Size and Scale- REMOVE the THIRD FLOOR Site Plan- PROVIDE MORE OPEN SPACE Density- REDUCE the NUMBER of UNITS to SIX. Parking - PROVIDE ONE PARKING SPACE PER UNIT. Thank you for reading my concerns. I support affordable housing and agree that this is a good location for an affordable housing project. My biggest concerns are the size and scale of the new construction relative to the one and half story landmark, and the general livability for the future residents considering the units are smaller than required, subgrade, with very limited storage, and inadequate parking space. Respectfully submitted David Scruggs 212 West Hopkins Avenue 9014934820 David Scruggs Attorney at Law Evans | Petree PC 6060 Poplar Avenue, STE 400 Memphis, Tennessee 38119 Phone: 901.525.6781 | Direct: 901.525.6781 Fax: 901.374.7502 dscruggs@evanspetree.com • evanspetree.com NOTE: The information transmitted is intended only for the person or entity to which it is addressed and may contain CONFIDENTIAL and/or PRIVILEGED material. Any review, retransmission, dissemination or other use of, or taking of any action in reliance upon, this information by persons or entities other than the intended recipient is strictly prohibited. If you received this in error, please contact the sender and promptly delete the material from your computer system. The attorney-client and work product privileges are not waived by the transmission of this message. IRS Circular 230 requires that we inform you that the advice contained herein is not intended to be used, and it cannot be used, for the purpose of avoiding penalties that may be imposed by the Internal Revenue Service David Scruggs Attorney at Law Evans | Petree PC 6060 Poplar Avenue, STE 400 Memphis, Tennessee 38119 Phone: 901.525.6781 | Direct: 901.525.6781 Fax: 901.374.7502 dscruggs@evanspetree.com • evanspetree.com NOTE: The information transmitted is intended only for the person or entity to which it is addressed and may contain CONFIDENTIAL and/or PRIVILEGED material. Any review, retransmission, dissemination or other use of, or taking of any action in reliance upon, this information by persons or entities other than the intended recipient is strictly prohibited. If you received this in error, please contact the sender and promptly delete the material from your computer system. The attorney-client and work product privileges are not waived by the transmission of this message. IRS Circular 230 requires that we inform you that the advice contained herein is not intended to be used, and it cannot be used, for the purpose of avoiding penalties that may be imposed by the Internal Revenue Service David Scruggs Attorney at Law Evans | Petree PC 6060 Poplar Avenue, STE 400 Memphis, Tennessee 38119 Phone: 901.525.6781 | Direct: 901.525.6781 Fax: 901.374.7502 dscruggs@evanspetree.com • evanspetree.com NOTE: The information transmitted is intended only for the person or entity to which it is addressed and may contain CONFIDENTIAL and/or PRIVILEGED material. Any review, retransmission, dissemination or other use of, or taking of any action in reliance upon, this information by persons or entities other than the intended recipient is strictly prohibited. If you received this in error, please contact the sender and promptly delete the material from your computer system. The attorney-client and work product privileges are not waived by the transmission of this message. IRS Circular 230 requires that we inform you that the advice contained herein is not intended to be used, and it cannot be used, for the purpose of avoiding penalties that may be imposed by the Internal Revenue Service