HomeMy WebLinkAboutOct 25_ScruggsFrom:David Scruggs
To:Amy Simon
Cc:Sara Ott; Kate Johnson; Torre Torre; John Doyle; Rachael Richards; Ward Hauenstein; Skippy Mesirow
Subject:Re: Development of Affordable Housing at 205 West Main—Hearing before the Historic Preservation Commission
10/26/2022
Date:Tuesday, October 25, 2022 1:12:25 PM
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Members of the Historic Preservation Commission
In regard to my request concerning providing Webex or telephone citizen participation on the
4th Wednesday HPC monthly meetings, two council members have indicated their support.
Ward Hauenstein stated he supports “transparency and openness of the HPC meetings” and
opposes “limiting citizen participation”. “Our council has committed to transparency and openness
in all of our processes.”
Skippy Mesirow replied “ I hope they(HPC) will hear your request for transparency and
participation.” “That is a top goal for our council. “
I therefore repeat the request I made to you (HPC) in Public Comment at your Webex meeting (2nd
Wednesday) of October 12,2022.
1. Provide Webex access and participation for the 10/26/2022 meeting and all subsequent
meetings of the HPC.
2. Provide telephone participation for the 10/26/2022 meeting and all subsequent meetings
of the HPC.
3. Continue the 10/26/2022 205 West Main application to any subsequent 2nd Wednesday
meeting which allows participation by Webex.
Amy, please distribute this request to the HPC members as soon as possible for them to
consider and decide regarding my request.
Thank you
David Scruggs
212 West Hopkins
9014934820
On Oct 25, 2022, at 9:56 AM, Ward Hauenstein <ward.hauenstein@aspen.gov>
wrote:
Dear David,
I am upset that Amy Simon is blaming the city council for not providing IT funds to
support virtual meetings of the HPC. I do not recall ever being asked for more funding
for HPC meetings. Our council has committed to transparency and openness in all of
our processes. You all are aware of my objections to the HPC having final authority on
land use issues. I have been asking to change that for over five years and have not
received support from the rest of the council. Last night we approved funding for one
more FTE for communications. To blame the city council for the lack of transparency
and openness of the HPC meeting maddens me. I do not get upset often but I am now.
I cannot get directly involved in individual cases that may come before the city council.
David, you and I have discussed this and you are fully aware of the limitations. You as a
former elected official are fully aware of ex parte communications. I am deeply
offended that the HPC not only is limiting citizen participation but is additionally
avoiding responsibility by casting blame on the city council that is committed to
openness, transparency, and citizen participation.
I object! This, I view as governance in the shadows. I demand that virtual participation
in all HPC meetings be immediately available. I do not want the official policies of
advisory boards to be in direct violation of the city council's desires for openness and
transparency. To close citizen participation and blame the city council --- GRRR! I
should be emailing in all capital characters or pounding the table. But that is not my
style.
Sincerely,
Ward Hauenstein
All emails to this account are subject to release under the Colorado Open Records
Act.
MAKE IT A GREAT DAY
ward.hauenstein@aspen.gov
Mayor pro tem
970-948-3858
--
From: David Scruggs <dscruggs@evanspetree.com>
Date: Monday, October 24, 2022 at 4:58 PM
To: Skippy Mesirow <skippy.mesirow@aspen.gov>
Cc: Ward Hauenstein <ward.hauenstein@cityofaspen.com>, Torre Torre
<torre@cityofaspen.com>
Subject: Re: Development of Affordable Housing at 205 West Main—Hearing
before the Historic Preservation Commission 10/26/2022
Skippy
I am listening to today’s Council’s Work Session and you and many others are
participating by Webex. It is unbelievably that the HPC, which makes significant
decisions impacting citizens, their property and entire neighborhoods have limited their
4th Wednesday meeting to in person with NO WebEx or telephone.
Amy Simon says it is because City Council has not funded IT expense to have the 4th
Wednesday done by Webex for HPC. HPC does their 2nd Wednesday meeting by
Webex.
To have differing access for citizens for the two monthly meeting of HPC is ridiculous
and discriminatory.
Thank you
David Scruggs
212 West Hopkins
9014934820
Sent from my iPhone
On Oct 24, 2022, at 3:06 PM, David Scruggs
<dscruggs@evanspetree.com> wrote:
Skippy
Thanks for your reply and interest.
However, the city manager is not totally informed.
When I addressed the HPC on 10/12/2022 via Webex on the issue of
accessibility via Webex for the upcoming 10/26/2022 meeting, Amy
Simon answered for them and said the City Council had not funded IT
personnel to have Webex for both meetings each month.
Assuming that is accurate , I am asking the City Council to provide funding
for Webex for both HPC meetings each month.
“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
On Oct 24, 2022, at 2:47 PM, Skippy Mesirow
<skippy.mesirow@aspen.gov> wrote:
Thank you for keeping us in the loop David. I’ve had further
conversations about the policy with my city manager. I
understand authority lies with the chair, and I hope they will
hear your request for transparency and participation. That is
a top goal for our council.
Skippy Mesirow
Aspen City Council + SkyRun Vacation Rentals
I apologize for any typos... I honestly just can’t spell :- (
On Oct 24, 2022, at 7:34 AM, David Scruggs
<dscruggs@evanspetree.com> wrote:
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
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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
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NOTE: The information transmitted is
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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
David Scruggs
Attorney at Law
Evans | Petree PC
6060 Poplar Avenue, STE 400
Memphis, Tennessee 38119
Phone: 901.525.6781 | Direct: 901.525.6781
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