HomeMy WebLinkAboutminutes.council.20030324Regular Meeting Aspen City Council March 24, 2003
CITIZEN PARTICIPATION ...................................................................................... 2
COUNCILMEMBER COMMENTS ~ii ........ i ............................. i ................. : ......... ;.. 3
CONSENT CALENDAR ............................................................................................ 4
· Resolution #25, 2003 - ½ Cent Transit Fund Supplemental Appropriation .......... 4
· Resolution #26, 2003 - Contracts - Fleet Vehicles ................................................ 4
· Resolution #27, 2003 - Contract - Mower ............ : ................................................ 4
· Minutes - February 25, March 10, 2003 ................................................................. 4
FIRST READING OF ORDINANCES ................................................................... 4
· Ordinance #18, Series of 2003 - Obermeyer COWOP ............ ~ ............................ 4
· Ordinance #19, Series of 2003 - Code of Ethics;...: .......................... , .................... 4
ORDINANCE #5, SERIES OF 2003 - Code Amendments Infill .....................
ORDINANCE #15, SERIES'OF 2003 - Request to De-list Holland House
from Historic Inventory .............................................................................................. 12
BURLINGAME PARCEL D DESIGN OPTIONS ............................................. 18
Regular Meeting Aspen City Council March 24, 2003
Mayor Klanderud called the meeting to order at 5:00 p.m. with
Councilmembers Paulson, McCabe, Hershey and Semrau present.
CITIZEN PARTICIPATION
1. Emzy Veazy III said Council should not raise rents in affordable
housing without providing more services. Veazy said work is supposed to
be meant for American workers and if not, Aspen should signify in their
code that it is not meant for American workers. Veazy told Council they
ought to incorporate the flag code in their code.
2. Jori Busch presented two letters to Council. The first is from Robert
Gould foundation, Milford, Ohio, which acCompanied a check for $20,000.
Busch highlighted "We understand that the refurbished trolley or trolleys
will be kept in the city of Aspen and will be displayed in a public space".
Busch said bY cashing the check the city was agreeing to the terms of the
gift. Busch quoted from a letter from the city attorney, "I understand from
your letter that the funds are to be used by the Aspen Street Railway
Company to restore a trolley that will continue to be owned by the city and
displayed in a public space." Busch said Council has comprised the city's
WOrd. BUsch requested the city send a letter of apology to the Robert Gould
Foundation and a refund of the $20,000 grant. John Worcester, city
attorney, reminded Council the last time this was discussed, he suggested the
Robert Gould Foundation should write the city a letter. Worcester
previously supplied Council with copies of all pertinent doCuments.
Mayor Klanderud said the trolley group asked if they got money to restore a
trolley, could it be put in a public space prior to the election. That was the
agreement. It was the Council's understanding this was a temporary
placement. Mayor Klandemd agreed the Foundation shbuld contact the city
directly. Councilman McCabe said the doCuments from the city attorney
make the transactions clear and this packet should be made available to the
press. Worcester said this correspondence may be released with his client's
approval.
Councilman McCabe moved to waive client privilege and the documents be
released; seconded by Councilman Hershey. All in favor, :motion carried.
3. Kip Wheeler asked what is the need for affordable housing in Aspen.
Wheeler said this has become a campaign issue and comes up at Council
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Regular Meeting Aspen City Council March 24, 2003
frequently. Wheeler said his understanding is that the ne. ed for affordable
housing is based upon a plan or goal and not upon need or demand. Wheeler
asked how close the city. is to having a surplus. Wheeler requested Council
review this issue and place it on an agenda in the future. Mayor Klanderud
suggested Wheeler get a copy of the Housing Master Plan by EPS done ~n
2003. Mayor Klanderud noted Council is discussing Burlingame housing
project at a work session tomorrow.
4. Bill Wiener, 701 Gibson, presented a letter for the record on infill
5. Katharine Thalberg said she feels reduction of enforcement on the
bear issue and trash is premature. Ms. Thalberg said there are already
overturned garbage cans this season. Partial compliance 'with the garbage
ordinance can foster "selective reinforcement" and double bears efforts
towards finding open garbage cans. Ms. Thalberg said the problem will only
be solved when there is total compliance with the trash ordinance. Ms.
Thalberg said dogs have been a joy and a problem in Aspen. The leash laws
in Aspen have not been enforced; it is city policy to not enforce the leash
laws unless there is a complaint. Ms. Thalberg said it see:ms as if the
complainer is seen as the nuisance. The city's policy is ifa dog is on his
own property unleashed, there is no problem. However, Clogs often run off
their property when a jogger or a person with a dog goes by. Ms. Thalberg
said two loose dogs become a pack and can chase and maim wild animals.
Deliberate non-enforcement of the leash law creates a danger for dogs,
humans and wildlife. Ms. Thalberg suggested the city abandon the warning
system and fine owners a large amount of money for dogs running at large.
Ms. Thalberg urged Council to adopt consistent and deliberate enforcement
of both the garbage ordinance and an improved leash law.
Mayor Klanderud said she did not think the enforcement of garbage
ordinance would be decreased. Mayor Klanderud said she knows of no
policy as outlined by Ms. Thalberg regarding the dog and leash laws. Mayor
Klanderud said she does not consider the complainer the problem and has
not heard that attitude expressed in the city. Councilman Paulson requested
staff report back on stepped up enforcement.
COUNCILMEMBER COMMENTS
1. Councilman Hershey noted Aspen lost an active and interesting
citizen, who is also the mother of the city's Chief of Police, last weekend,
Regular Meeting Aspen City Council March 24, 2003
Phoebe Ryerson was interested in government and transportation and
unflaggingly attended government meetings. Councilman Hershey extended
his sympathy to the Ryerson family.
2. Councilman Paulson requested clarification of staff comments at a
recent RFTA meeting. Councilman Paulson said he heard John Krueger
made a statement that this C°unCil directed staff to take ashy word of rail out
of the CIS study or some document. John Krueger said tl~ere was a meeting
in Gypsum on transit elements and various pieces of transit were discussed.
Krueger said he did not say anything about taking rail ou~I.
CONSENT CALENDAR
Councilman Hershey moved to approve the consent calendar; seconded by
Councilman Paulson. The consent calendar is
Resolution #25, 2003 - ½ Cent Transit Fund Supplemental
Appropriation
Resolution #26, 2003 - Contracts - Fleet Vehicles
· Resolution #27, 2003 - Contract - Mower
· Minutes - February 25, March 10, 2003
Mayor Klanderud asked if staff looks at hybrid vehicles when fleet vehicles
are being replaced. Jerry Nye, streets department, told Council they do look
at hybrid vehicles; however, this option is not available in pick-ups like
those in Resolution #26.
All in favor, motion carried.
FIRST READING OF ORDINANCES
· Ordinance #18, Series of 2003 - Obermeyer COWOP
· Ordinance #19, Series of 2003 - Code of Ethics
Councilman McCabe moved to read Ordinances #18 and 19, Series of 2003; I
seconded by coUnCilman Hershey. All in favor, motion carried. '
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Regular Meeting Aspen City Council March 24~ 2003
ORDINANCE N0. 18
(SERIES OF 2003)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN
APPROVING FINAL LAND USE APPROVALS AND GRANTING A
DEVELOPMENT ORDER FOR THE OBERMEYER PLACE COWOP
PROJECT, 600 EAST BLEEKER STREET, CITY AND TOWNSITE OF
ASPEN, PITKIN COUNTY, COLORADO.
ORDINANCE NO. 19
(Series of 2003)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, AMENDING TITLE 2 OF THE CITY OF ASPEN
MUNICIPAL CODE, ADMINISTRATION, BY THE ADOPTION OF A
NEW CHAPTER 2.02, RULES OF ETHICAL CONDUCT.
Councilman Hershey moved to adopt Ordinances #18 and 19, Series of
2003, on first reading; seconded by Councilman McCabe. Roll call vote:
Panlson, yes; Hershey, yes; Semrau, yes; McCabe, yes; Mayor Klanderud,
yes: Motion carded.
ORDINANCE #5~ SERIES OF 2003 - Code Amendmentts Infill
Mayor Klanderud suggested this items be continued until after the election.
This is a very complicated subject; there have been more tlhan 50 hours of
work and meetings by an infill task force, P&Z and staff. Mayor Klanderud
said everyone will have something to say about infill during the campaign.
Councilman Semrau said this is a political issue and he would like to hear it
debated by the candidates on its merits. Councilman Semrau said there are
parts of the infill ordinance that he finds unacceptable and maybe there is a
version on which everyone can agree.
Councilman Hershey moved to continue Ordinance #5, Series of 2003, to
June 23, 2003; seconded by Mayor Klanderud. Mayor Klanderud in favor;
all Council opposed. Motion NOT carried.
Chris Bendon, community development department, reminded Council the
Aspen area community plan was a two-year process that discussed
significant issues, for instance, how fast should Aspen grow. The AACP
Regular Meeting Aspen City Council March 24, 2003
reinforced the 2% per year growth cap. The second issue was where should
that growth occur. The answer in the AACP was to concentrate in urbanized
areas and to be more efficient with the existing urbanized land rather than
encourage sprawl. Bendon pointed out change over the last 15 years has not
created vitality but has taken away vitality, like redevelopment in the lodge
district being replaced by single-family houses.
Bendon told Council the way current zoning is configured, it is impossible to
come up with projects that make sense financially and that fit downtown
sites, with FAR, height limits, and required mitigation. The process for
development is also very cumbersome. After the adoption of the AACP,
Council established the infill advisory group to look at everything in the
city's development code and how all the parts affect the overall system.
Bendon said there is a disconnect between what the community wants and
the city codes. There are trade offs, like more bulk and mass on buildings
downtown and on lodges. Bendon stated since 1994, more than 2,000
pillows have been lost from the lodging base, which has affected the vitality
as well as the retail segment of Aspen. Bendon told Council the city has
received a request for change in use to a single family dwelling at a vacant
storefront on the mall.
Bendon said the philosophy in the 1970's was less is better. There was no
focus on the quality and character of development. This philosophy has
shifted over the past 30 years. Bendon said the mixed-use development over
the past century in Aspen creates a vitality and a sense of place in the
downtown. Bendon said there should be a balance between what makes
sense from the public policy and what makes sense for the private sector to
be able to physically and financially develop projects, The infill advisory
group has suggested the city be very clear about what the requiremems are
for development. This code amendment contains recommendations to
simplify the process and to remove the subjectivity. Bendon said in growth
management there was aesthetic review of the quality of tl:te architecture and
the site. This has been pulled out as a separate review. Council should
discuss how it is they want to shape the future of Aspen.
Bendon said the discussion should be how they want growth to appear. The
growth rate is a separate discussion. The growth rate now allowed is 2% per
year. Council should decide what types of growth they want.
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Regular Meeting ,, Aspen City Council March 24, 2003
Bendon pointed out this proposed code amendment would not allow 5 story
buildings. Currently a developer could apply to go through a special review
and request 5 stories, which will not change.
Mayor Klanderud opened the public hearing.
Bob George, president Mason & Morse real estate, brought up elimination of
offices in the commercial core, which includes real estate, time shares,
government administration, non-profit organizations, travel agents,
insurance agents, dentists, engineers and accountants. George said if this
ordinance is adopted, the city would be taking viable, successful businesses
in the commercial core and asking them to vacate. George questioned how
eliminating offices would increase the vitality in downtown.
Tom Peirce said it appears a primary objective of this study is to promote
increased growth and density in the downtown area, up to 30% growth.
Peirce said he is not convinced this is what the community wants. Peirce
said he supports zoning changes that are to encourage improvements to the
commercial core or are to improve existing buildings. Peirce stated he does
not support an increase in growth and density. Peircc said. taller buildings
would alter the character as well as the look and feel of downtown Aspen.
Peirce noted there are vacant Storefronts throughout downtown. The city
should find creative ways to stimulate and support the cun;ent businesses
before more retail space is added.
Harley Baldwin said there are two ideas driving infill - vitality and sprawl.
Baldwin said one cannot have vitality and sprawl at the same time; they are
mutually exclusive. Baldwin said making the buildings taller would not fix
downtown. Baldwin said everyone should realize this is the best small town
in the world. Aspen is in the middle ora national malaise, which is not
solvable completely by Aspenites.
Bill Wiener said infill seems to be changing the zoning code to encourage
developers to build more housing, to reduce urban sprawl through infill, and
to invigorate and sustain the economy. Wiener said by raising the height,
allowing more growth, and eliminating off street parking requirements the
results will be loss of views, more traffic congestion, higher rents, more
construction and disruption and the urban sprawl was not addressed. Wiener
suggested hiring an economic consultant to put monetary value on views,
open space, trails, parks, etc. The city should study each neighborhood
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Regular Meeting Aspen City Council March 24, 2003
separately and should incorporate the transfer of development rights for all
properties. Wiener suggested new height limits that could be attained only
by using TDRs. Bendon said the city has a TDR program for historic
properties and it could be expanded to incorporate commercial areas.
Connie Harvey said the hard work of staff and committees did identify some
problems, like the lack of lodges being built. Ms. Harvey said she does like
the idea of mixed uses. Ms. Harvey asked if there is a vision for Aspen;
does the community want to redress the balance between affordable and free
market units; does the community want more locally owned retail spaces.
Ms. Harvey suggested the ordinance stipulate that development must
conform to the public purpose of affordable housing and affordable retail.
The developmem of affordable housing can be funded by rent, sales and a
subsidy from the housing office. Ms. Harvey said the community must
decide how much growth they want and not zone the town for more growth
than is wanted. The A_ACP envisioned a maximum of 30,000 people at peak
season, which may have already been reached. Ms. Harvey said if the 25%
open space is eliminated, this increases the density 25%. Ms. Harvey said
solar access, open space and views of the mountain are among the gifts that
make Aspen a wonderful place.
Jake Vickery suggested taking these code amendments in smaller pieces,
breaking down by zone. Vickery said Main street could be broken out.
Vickery told Council he is a property owner on Main street and is interested
in seeing this area revitalized. Vickery encouraged Council to keep going on
these amendments, at least for Main street. Vickery noted that Main street
can absorb more density; it is a major transportation corridor; it is a
secondary commercial corridor. Vickery noted Main street gets HPC review
for all development. Vickery suggested an expanded list of permitted uses
for Main street to increase the vitality.
Steve Fallender, 712 S. Galena, noted Aspen is not a shopping mall but is a
small town and the commercial core should incorporate all the uses that a
small town requires. Separating or eliminating uses is not productive.
Fallender said the lodge district often gets overlooked in discussions in favor
of the commercial core. The lodge district covers a large portion of the
south side of town and contains not only lodges but also single-family
houses, condominiums, duplexes. The adoption of this plum would make
much of the area non-conforming. Fallender pointed out one of the goals of
infill is not to change neighborhoods but to encourage thern to be revitalized.
Regular Meeting · Aspen City Council March 24~ 2003
The floor area ratio in this area for timeshares is increased by 2-1/2 times.
Fallender said there should be some changes to the code to allow single
family and duplexes to be upgraded and not be non-conforming.
Toni Kronberg said this should be a campaign iSsue and it should be broken
down into separate issues within the code amendment. Ms. Kronberg said
she would like to hear the candidate's Vision OfAspen's ihture. Ms.
Kronberg said she woUld like to hear candidate's solutions for parking.
Bill Stirling said not attracting more visitors to town is tied to affordability,
economic issues and climate change. Stirling said the downtown is less
vibrant in the winter than in the summer due to the shrinking ski industry,
drought, global warming, high price of downtown rents, and high cost of
lodging. Stirling said he does not feel the infill pl~ underStands all the
complications. Stirling said he cannot see how this plan will make the
downtown more attractive or attract more visitors. Stirling said this plan is
not in the community's best interest. The small lodges can be taken care of
by refining the lodge preservation section. The city could, create more
opportunities for affordable h'ousing in the downtown area. The plan is just
too expansive. Stirling urged the CoUncil to cOntinue this until after the
election'
Garrett Brandt, representing the owner of the vacant lot at the comer of
Hyman and Hunter, said these amendments do not go far enough.
Postponing or defeating this amendment is a decisi0n to keep the status quo.
Brandt pointed out many local landmarks, like, the Hotel Jerome, Elk's
Building and Wheeler Opera House, could not be built today, even with an
infill ordinance. Brandt said there is no commercial building going on
because of the exactions required by the city. Brandt said many of the
affected lots have historic buildings on them that have historic review
required.
Phil Rothman, 624 East Hopkins, told Council the C-1 zone is composed of
two pieces of property, one is just east of Paepcke park, the other one is a
rectangle between Durant and behind Concept 600 from Hunter to Spring
street. This code amendment would change the existing uses and heights to
that of the commercial core. Rothman said C-1 zone should be a transition
between CC and the residentialI multi-family zones.
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Regular Meeting Aspen City Council March 24, 2003
Doug Allen said he does not want to see this type of amendment adopted.
The idea started out with increased vitality and now it is increased growth.
Allen said Aspen is a town with a finite capacity and we should not exceed
that capacity and ruin it. Nothing has been done about parking downtown;
there will be tall buildings and these will ruin the town.
Charlie Tarver said the infill committee did not make decisions about
community goals. The committee took the community directives and tried
to figure out where to best place these goals in the community. Tarver
pointed out buildings could be built as tall today as under this code
amendment. Buildings are not being built. Tarver encouraged Council to
move forward as quickly as possible with the adoption ofinfill.
Stan Clauson said he feels this proposed code change will allow buildings
that are functionally obsolete to upgrade and will allow for new commercial
buildings on vacant lots. Clauson said these code amendments should be
Council deliberations to listen to the public and make necessary
modifications and then move forward.
Councilman Semrau said there are many ideas brought forward by the public
with which he agrees. One is not eliminating offices in the core, and he
would like to delete that part of the infill ordinance. Councilman Semrau
said the infill ordinance maintains the growth rate of 2%, which the city has
had for years. Councilman Semrau pointed out buildings can be 55 feet with
special review right now; this amendment does not change that. Councilman
Semrau said the intent of this is to allow old buildings to regenerate and
vacant lots to become something usable. Councilman Serarau noted this
amendment will allow alley redevelopment. Councilman Semrau proposed
the height limit not be changed from 40 feet, the current limit. Councilman
Semrau said this ordinance would allow remote parking.
Councilman Semrau said this code amendment does not increase free market
units over what exists now. This ordinance does not eliminate the open
space requirement but gives options to allow open space that would serve
the public better. Councilman Semrau proposed developers meet an open
space review and not to be allowed to buy it out by right. Councilman
Semrau stated the city's growth rate has been under 1% for years and he
would propose changing the allowable growth rate to 1%. Councilman
Semrau agreed the height change in the lodge district is too aggressive and
too out of scale. Councilman Semrau agreed the lodge district is for lodges,
10
Regular Meeting Aspen City Council March 24~ 2003
not houses, and what is there should be conforming. Councilman Semrau
noted Council has agreed not to eliminate any view planes and to add one or
two new ones. Councilman Semrau said this is not about growth; the
amendment retains the same growth rate. The ordinance is trying to direct
any growth for the benefit of town.
Councilman Hershey agreed on the comments about the lodge district.
Councilman Hershey stated he will not vote for an ordinance that eliminates
real estate office in the commercial core. Councilman Hershey agreed on
keeping the height requirements the same as well as cutting the growth rate
to 1%. Councilman Hershey said the ordinance is going in the right
direction with amendments as listed above.
Councilman Paulson said this ordinance does not address revitalization of
the community. Councilman Paulson said these amendments have far
reaching consequences. Councilman Paulson said he doe',s not feel this has
been studied in the right parameters. Vitalization is where its at and
contributing to more growth is not the answer. This is the wrong tool.
Councilman Paulson suggested the city explore other avenues towards the
goal of vitalization. Councilman Paulson said some of the work that has
been done can be used to go through a better process. Co~mcilman Paulson
said he likes the idea of putting value on those things that might be lost, like
views, sunlight.
Councilman McCabe said this is a complicated issue and Council should
have more public discussions and education. Councilman McCabe said he
favors addressing this code amendment in smaller segments; the
interrelationship of the whole is important so he would not support
disassembling it. Councilman McCabe said he is not opposed to discussing
lowering the growth rate to 1%.
Mayor Klanderud said she was on the 2000 AACP task force and helped to
craft the character statement document. Mayor Klanderud said the 30,000
population numbers came from a day in July when town was maxed out.
Mayor Klanderud said 30,000 as a permanent population is not Council's
goal. Mayor Klanderud said she would be willing to discuss lowering the
growth rate. Mayor Klanderud said the suggestion that offices not be on the
first floor in the commercial core comes from a symptom ora problem. Real
estate is a driving force in resort economies. Mayor Klanderud said she does
not favor eliminating offices on the first floor.
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Regular Meeting Aspen City Council March 24, 2003
Mayor Klanderud pointed out looking at infill was recommended in the
AACP as was looking at ways to preserve the commercial area as well as
locally serving businesses. Mayor Klandemd stated she agrees with
concerns about open space and it should not be the developer's option what
to chose for open space. Mayor Klanderud said she is concerned about
remote parking, off-site affordable housing.
Councilman McCabe moved to continue Ordinance #5, Series of 2003 to
April 28, 2003; seconded by Councilman Hershey. Councilmembers
McCabe and Hershey, Mayor Klandemd in favor; Councilmembers Paulson
and Semrau opposed. Motion carried.
ORDINANCE #15~ SERIES OF 2003 - Request to De-list Holland House
from Historic Inventory
Katie Ertmer, community development department, told Council the Holland
House was put on the historic inventory in 1995. The historic ordinance was
re-written in 2000 with more clear standards. The criteria for modem
architecture is that the property is at least 40 years old, has sufficient
integrity and meets at least one of the sub criteria. HPC evaluated the
Holland House and found that it maintains historic integrity and meets 3 sub
criteria. Staff evaluated the Holland House using the new architectural
integrity. The threshold to meet that ~s a score of 75. Staff and a historic
consultant evaluated the Holland House and scored it 79.
Ms. Ertmer noted the Holland House has always existed it its present
location. It was constructed in three phases, 1956 which fi>rm and footprint
is still visible. The 1963 addition was placed to the north of the original
structure and abuts the chalet. The scale of the building has been expanded
but the 1956 portion is still intact. Ms. Ertmer noted some of the changes in
balconies and decorations. Ms. Ertmer said the tulip motif on the balconies
echo the Dutch heritage of the owners and illustrates the mfique history of
the property in a way few other ,sites in Aspen do. Ms. Ertmer said the
1956 building and the 1963 addition exhibit classic features of chalet style
including the type of material, roof form, prominent balconies and
decorative elements. The Holland House is located at the base of the
original ski lift in Aspen.
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Regular Meeting Aspen Ci.ty Council March 24, 2003
The Holland house meets all 3 standards of the sub criteria; the Holland
house relates to an event or trend significant to local history. The Holland
House was developed when tourism was starting to grow and was modeled
after European styles. The Holland House has association with a person
who has made contributions to state or local history. Jack dePagter
contributed to making Aspen a tourist destination. He was a founder of
Winterskol. Ms. Ertmer told Council staff finds the Holland House an
excellent example of post WWlI chalet-style lodge. Staff recommends
Council approve Resolution #38, retaimng the Holland House on the historic
inventory.
Amy Guthrie, community development department, said both staff and the
HPC feel the Holland House is very representative of Aspen's early ski
history. Ms. Guthrie said this site tells a story that is important to the
community. The neighborhood is as important to tell that story as is the
downtown.
Hal Dishler, representing the Holland House, told Council the application
for de-listing is supported by facts that this structure should not be on
historic landmarks. Dishler noted small lodges are an important party of
Aspen's history and their survival is at stake. The Holland House ~s a small
lodge that is in need of improvement and modernization. Dishler said
designation will not allow the Holland House to upgrade and to compete for
guests. Dishler noted under the reqmrements of the historic preservation
ordinance of 1995, the inventory of historic sites and structures was only to
include structures, which were at least 50 years old and which continued to
have historic value and are identified by HPC as being outstanding examples
of more modem architecture, Dishler told Council none of the structures at
the Holland House were 50 years in 1995. The Holland House should have
been eligible for removal fi.om designation at that time.
Under the 2002 designation ordinance, any property on the inventory was
automatically redesignated. The redesignafion of the Holland House was
again defective because it did not meet the requirements under the
designation because the date of designation would have been 1995 and in
that year, the structures did not meet the 40 year standard. Dishler stated the
Holland House is not properly designated and should be re:moved from the
inventory.
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Regular Meeting Aspen City Council . March 24~ 2003
A videotape of Holland House owner, Jack dePagter, and Don Westerlind,
contractor was shown to Council. Yasmine dePagter showed pictures of
the original Holland House, the 1956 annex, the 1964 prairie style addition
stuck on the front of lodge, and the original Holland House that was moved
to Castle Creek. The tulip cutouts were added to the balconies, the shutters
were added to make the building appear more chalet-like. Ms. DePagter
showed the front of the Holland House in 1999 and that about 70% of the
building has been changed.
Jack Simmons told Council in 1998 he submitted a building permit to
change the windows in the Holland House. During the processing of the
permit, Simmons was informed by staffthat HPC review was necessary
before a building permit could issue. Simmons said he was totally unaware
of historic designation. Simmons presented a "dear property owner" letter
and a public notice from the Aspen Times as evidence of this historic
designation. Simmons said they were told properties can be designated
without owner's consent as long as the notices were proper. Simmons said
the tried to find out how they were designated historic and their recourse.
Simmons told Council when the Holland House was added to the inventory,
they were not present at the meeting.
Simmons said in 1998 their only recourse was to ask HPC to remove them
from the list. Simmons told Council they were told they had to wait until the
year 2000 because of the 5-year clause in the ordinance. Simmons said they
thought a mistake had been made because the Holland House was not yet 50
years old. Simmons told Council at the September 2000 I-[PC meeting, all
the post WWlI buildings being considered for listing were either removed
from the list or given a stay. Holland House's request to be removed from
the inventory was denied.
Simmons told Council between September 2000 and January 24, 2001, the
process changed. At the September 2000, there was no written de-listing
application. The owners of the Holland House were told to appeal their
designation, they would have to file a de-designation application proving
they did not meet the criteria to be listed. Simmons noted in February 2001
the moratorium on historic properties was imposed and no further actions
would happen until the new historic preservation ordinance was in place.
Simmons told Council they attended all the HPC and Coun~cil work sessions
on the new HP ordinance. The owners of the Holland House worked on
their plans to upgrade the lodge and presented these to HPC. Simmons said
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Regular Meeting .... Aspen City, Cot~,,ncil March 24, 2003
between the beginning °ftheir discussions and the October 2002 meeting,
the composition of the Board changed and theY were once again denied de-
listing.
Lisa Purdy, preservation consultant, told Council it is not unusual for a
building to be de-designated if the historic integrity has been lost. It is not
Unusual for a building to be de-designated if new information arises. Ms.
Purdy said a lot of information has been gathered about the Holland House,
including historic Photos. Ms. Purdy told Council she interviewed the
owners, the architect on the 1964 addition and the Contractor. Ms. Purdy
pointed out thiS structure was designated as outstanding architecture of the
chalet-moUntain style. The Holland House was also deen'ted important
because of the association with the early ski industry and 'the owner's role in
that history.
Ms. Purdy went through the PiCtUres of the Holland House, showing the
original lodge, which housed 12 skiers as well as the dePagter family. Ms.
Purdy said this building is no longer on this site but has been moved to
Castle Creek. Ms. Purdy noted none of the inventories mentioned the
original structure, which is a major piece of missing information. There is
not a preservation standard that would allow remOval of a structUre like this
and have it remain a historic site. The second structure built in 1956 has
retained very little of its historic integrity. Ms. pUrdy read from the Aspen
standards that a property must have a sufficient percentage of the structUre
dating from the period of significance. An original warmi:ag hut was lost,
the entrance was moved, Windows were changed, and balconies were lost.
Nothing was done in 1963 to protect this faqade. The prairie addition was
done by Wright-trained architect, Jack Walls, was meant to be prairie style
and had nothing to do with the chalet~ The chalet style elements were added
later and the designation as a mountain-chalet style is not correct. This
building is a hodgepodge of stYles. The buildings were 30 and 39 years old
at the time of designation, which does not fit the 40 or 50-year-old
requirement.
Ms. Purdy said to keep a building with suCh a false sense of historic
development that is so flawed in its PresentatiOn as a historic building, will
harm and will undermine the credibility of the historic program.
Councilman Hershey moved to suspend the rules and exten~d the meeting to
10 p.m; seconded by CoUncilman McCabe. All in favor, motion carried.
15
Regular Meeting Aspen Ci,ty Council March 24, 2003
Mayor Klandemd opened the public hearing.
Carol said Aspen's small lodges are a treasure, but they must be able to
make necessary improvements. Historic designation makes it expensive and
difficult to make these changes. Ruth Grindspoon, Holland House guest,
said the owners of the Holland House need to be free of restraint so they can
continue to run a tasteful, affordable lodge.
Carol Blomquist, Chalet Lisl, reminded Council earlier they were discussing
revitalization of the community. An owner ora lodge has to be able to
revitalize their product, which you cannot do if you are designated historic.
Ralph Melville, Mountain Chalet, reminded Council the city adopted an
ordinance to help small lodges upgrade. Melville said small lodges need to
be able to upgrade and remodel to compete. Melville noted earlier Council
was discussing how many small businesses have left town and the city
should not be forcing small lodges to do the same.
Rick Kemp said historic designation is inaccurate for this lodge. Kemp said
recent customers of the Holland House have said the lodge no longer meets
their needs. Bill Kane said relocation of lift lA in the 1970's radically
changed this neighborhood and at least 7 lodges in this area have
disappeared. Kane encouraged Council to look at a lodge preservation
district as a more appropriate technique of allowing reinvestments in lodges.
John Kelly said the facts of the age of this building and the facts of the
historic designation ordinances do not match. Kelly said the issue of
~ntegrity of the structure is ~mportant and the integrity of the Holland House
has been lost. Nick Lebby told Council he supports de-listing of the Holland
House.
Fonda Paterson, Boomerang Lodge, said she, too, supports the de-listing of
the Holland House. Ms. Paterson said when one is running of business, one
has to be able to respond to the times and needs of the customers. Ms.
Paterson stated it is not government's job to tell business owners how to
present their product. The business owners know what their customers want.
Chuck Tower reminded Council he had a similar situation with his buildings
not being 50 years old and he supports de-listing. Michael Behrendt, St.
Moritz Lodge, said it the city kills a business when it is listing historic.
Charlie Paterson, Boomerang Lodge, said historic preservation does not
belong in the lodge district. It may belong in the commercial core and with
16
Regular Meeting Aspen City Council March 24, 2003
large public buildings. Paterson a small lodge cannot keep up with the times
if it is hamstrung by committees and by rules and regulations that are not
appropriate. Toni Kronberg said the Holland House should be de-listed as
the evidence showed it does not belong on the historic inventory.
Mayor Klanderud closed the public heating.
Councilman Hershey moved to adopt Ordinance #15, Series of 2003, on
second reading; seconded by Councilman McCabe.
John Worcester, city attorney, entered the videotape and photographs into
the record. Worcester stated all Councilmembers conducted a site visit
today. Councilman Semrau asked if portions of the building are over 40
years old. Ms. Guthrie said staff's position is that if any ora structure is
over 40 years, the whole structure can be considered for historic
preservation.
Mayor Klanderud said technically the Holland House did receive notice;
however, their buildings were not 50 years old when they received that
notice. Mayor Klanderud said she does not feel historic designation is the
death of small lodges. Mayor Klanderud pointed out the city was not
operaung under the new ordinance in 1994. The scoring fbr this structure is
too high. The Holland House is charming but not what it appears to be.
Councilman Hershey agreed the integrity has been lost and it cannot be
brought back.
Councilman McCabe said the Holland House should be de-listed.
Councilman McCabe said much effort has gone into the historic preservation
ordinance to make it work better. Councilman McCabe agreed the Holland
House is a business and it has to function. Councilman Semrau noted it is
ironic the Holland House is fake historic and the integrity of the building is
in question. Mayor Klanderud disclosed she received carnpaign
contributions for previous elections from the applicant; however, she feels
she can remain impartial.
Roll call vote: McCabe, yes; Paulson, yes; Hershey, yes; Semrau, yes;
Mayor Klanderud, yes. Motion carried. Councilman Paulson left the
meeting at 9:45 p.m.
17
Regular Meeting Aspen Ci~. Council, March 24, 2003
BURL1NGAME PARCEL D DESIGN OPTIONS
Ed Sadler, assistant city manager, reminded Council they asked staff and the
developers to come up with options and prices for extras for housing at
Burlingame Parcel D. Council has a list of 16 options; staff recommended
some of them for a total addition to the project of $100,000. Sadler pointed
out the outside trash compactor is a required item in the guidelines. There
are some options that could be presented to CORE for REMP funding, like
the solar hot water system.
Councilman Semrau asked about the construction schedu][e. Doug Graybeal,
ASW, said they are discussing this. There are permit review and design
review processes they are working to combine to get the earliest start date.
It looks like start will be the end of July. Councilman Semrau noted
affordable housing projects have an expedited review process. Councilman
Semrau said he would like to know the square footage costs. Vince, ASW,
noted there is an access issue, which would significantly affect the design
schedule and the budget. John Worcester, city attorney, said he will work
with the developers to resolve the issue. Council agreed to the options
recommended by staff.
Councilman Semrau moved to adjourn at I0:00 p.m.; seconded by
Councilman McCabe. All in favor, motion carried.
Kattxryn Koch
City Clerk
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