Litigation delays Mill Street Commercial Center hearings
Another rezoning hearing for the Mill Street Commercial Center has been postponed because of the backdrop of litigation.
The Aspen Planning and Zoning Commission’s scheduled meetings to review the rezoning application were postponed in January and March, and most recently last week’s April meeting was continued until May 15.
The meetings have been postponed, City Attorney Jim True said last week, because of ongoing talks between the city and the North Mill Street Investors, which owns the two properties eyed for rezoning — 465 N. Mill St. and 557 N. Mill St., both of which are next to the Aspen post office and across Puppy Smith Street from the Clark’s Market shopping center.
“We are in discussions with the owners of the property regarding some method of resolving our litigation, and it did involve continuing the P&Z hearing,” True said. He would not provide details about the discussions.
Both buildings are owned by North Mill Street Investors, which includes Aspen developers Andy and Nikos Hecht. The two properties are part of the city’s service-commercial-industrial zone district, and include such tenants as Aspen’s only coin-operated laundromat, as well as a sports consignment shop and other businesses.
North Mill Street wants to rezone the property to mixed-use so it can redevelop the buildings, which would likely mean the displacement of the existing tenants.
The land-use application to rezone the property has been pending since July, while North Mill Street Investors also has sued both the city government and City Council over changes to its land-use code prohibiting the development of free-market residential in SCI zones.
However, the lawsuit, which was filed in Pitkin County District Court on Feb. 28, 2017, has yet to be served on the defendants. A motion filed by North Mill Street Investors and dated March 14 delves into the reasons for the non-service, saying the plaintiff has “submitted to the city of Aspen a rezoning application for the real property at issue. The city of Aspen’s determination of that application could impact some or all of the claims set forth in a complaint.”
Chris Bryan, one of two Garfield & Hecht PC attorneys representing North Mill Street Investors in the litigation, declined to comment last week about the case.
Support Local Journalism
Support Local Journalism
Readers around Aspen and Snowmass Village make the Aspen Times’ work possible. Your financial contribution supports our efforts to deliver quality, locally relevant journalism.
Now more than ever, your support is critical to help us keep our community informed about the evolving coronavirus pandemic and the impact it is having locally. Every contribution, however large or small, will make a difference.
Each donation will be used exclusively for the development and creation of increased news coverage.
Start a dialogue, stay on topic and be civil.
If you don't follow the rules, your comment may be deleted.
User Legend: Moderator Trusted User
It’s official: The Snowmass Free Concert Series will return to Fanny Hill in true form this summer, starting June 10.