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Commission deadlocks on setting rescission hearing for 205 W Main; motion fails 3–3

Aspen Historic Preservation Commission · November 13, 2024
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Summary

The commission considered whether to set a public hearing to rescind Resolution 9 (Series 2023) for 205 W Main after staff flagged possible new historic evidence; a motion to set a hearing ended in a 3–3 tie and failed, so no hearing will be scheduled.

The Aspen Historic Preservation Commission debated whether to set a public hearing to consider rescinding Resolution 9 (Series of 2023) that granted development approvals for 205 W Main. City Attorney Kate told the commission that her office had provided legal advice in executive session and recommended a hearing if the commission believed new facts might warrant rescission.

Public commenter David Scruggs, who said “I reside at 212 West Hopkins,” urged the commission to preserve the entire historic resource and pointed to historic photos he said indicate the contested addition may be historic. Commissioners split over the appropriate response: proponents argued the commission’s mandate is to preserve historic structures, while opponents warned that rescinding a year-old approval after the applicant has relied on it would undermine board credibility. A motion to set a hearing to consider rescission resulted in a 3–3 tie and the motion failed, so the commission did not set a rescission hearing.