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HomeMy WebLinkAboutlanduse case.tu.305 S Mill St.0085.2017.aslu0085.2017.ASLU 305S MILL ST TEMPORAY USE Sc. o, V-, ^-c � eVxVCAA4L 0 0 PATH: G/DRIVE /ADMINISTRATIVE/ADMIN/LANDUSE CASE DOCS ��►�►'► �� tom/ CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER PROJECT ADDRESS PARCEL ID PLANNER CASE DESCRIPTION REPRESENTATIVE DATE OF FINAL ACTION 0085.2017.ASLU 305 S MILL ST 2737 182 17 004 HILLARY SEMINICK TEMPORARY USE FOR GREY LADY COVERED TRELLIS RYAN CHADWICK 12/05/2017 CLOSED BY BONNIE SHILES 8/13/18 Z017 , A-S- LA ❑ x File Edit Record Navigate Form Reports Format Tab Help AD jump1 = Clear Ug Q r�1ain Custom Fields Routing Status Fee Summary Actions Routing History 07 c Permit type v Vi AddressE— o City �cF'Rti 0 X I Permi t Informa bon Master permit F z Project 0 �° Description FPLIC P= li F: iR `` NP' i-R` US= F:iR =RF L N Routing queue aslul Status rending Submitted R 441 CH4%.C,;dICK 5CE 221 1 _': Clock Running Days C] Submitted via 1 0.%,ner Last name CH.ClJICK First name RYAN —� Phone—� Address l Applicant Owner is applicant? ❑ Contractor is applicant? Last name CHADWICK First name RYAN Phone i ) - Cust 30815 Address Email �7-71 — i Lender Last name F First name Issued Closed r-inal Expires 1C.1 d�C1 As enGold5 (server P 1I [ anl7elas 7 of 1 11 , car M��i 111111111111111111111111111111illllllllllllll�illlllllllllll�lllllill� � RECEPTION#: 643544, R: $23.00, D: $0.00 DOC CODE: RESOLUTION Pg 1 of 3, 12/05/2017 at 11:05:50 AM Janice K. Vos Caudill, Pitkin County, CO RESOLUTION NO. 157 (SERIES OF 2017) A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL APPROVING. A TEMPORARY USE OF TENT AND AIRLOCK STRUCTURE AT 305-7 S. MILL STREET, ASPEN COMMERCIAL CONDOMINIUMS UNIT A AND COMMON AREA, BLOCK 19, CITY AND TOWNSITE OF ASPEN, COLORADO. Parcel ID: 2737-182-17-004 WHEREAS, the Community Development Department received an application from Ryan Chadwick requesting Temporary Use approval to maintain a plastic and canvas tent structure covering the trellis over the public amenity space at the north end of the existing commercial building from December 23, 2016 through April 20, 2018; and WHEREAS, pursuant to Chapter 26.450.050 of the Land Use Code, City Council may grant a temporary use approval for up to 180 days; and WHEREAS, the City Council reviewed the application and considered the Temporary Use proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at.a. duly noticed public hearing; and, WHEREAS, the City Council approves the tent structure, allowing for a temporary use for one hundred and twenty (120) days; and, WHEREAS, the City Council finds that this resolution furthers and is necessary for the promotion of public health, safety and welfare. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF -THE CITY OF ASPEN, COLORADO, THAT: Section 1: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council hereby approves a Temporary Use request to allow the erection of a plastic and canvas tent on the subject site, over the existing trellis, measuring approximately 788 sq. ft., from December 21, 2017 to April 20, 2018, for a period of one hundred twenty (120) days. The tent, including walls and roof, shall be removed in its entirety by April 21, 2018. .Section 2: . The temporary structure shall be made available as a "Local Vendor. Market" on Saturdays and/or Sundays from December 21, 2017 to January 1, 2018, and a minimum of one day per week until April 20, 2018, or until the tent enclosure is removed; whichever comes first. The additional conditions shall apply: a. The Applicant shall attend an ACRA Board meeting to discuss the Saturday Market concept. b. The Applicant shall contact Aspen Entrepreneurs and Maker + Place to discuss the 0 0 Saturday Market concept. c. The Applicant shall contact Aspen Tree to discuss the Saturday Market, with the intent that. the CSAs associated with Aspen Tree will be made privy to the Saturday Market. Section 3: Temporary structures that are approved on a site for a period greater than fourteen ( 14) days are subject to growth management review, resulting in affordable housing mitigation. The applicant is required to provide housing mitigation for each day above 14 that the tent is up. The estimated amount of affordable housing due for this site is $5,200 . This fee must be paid prior to the placement of the structures on the site. Staff requires verification of the size of the structures prior to payment. A tent permit approval, including verification from the Aspen Fire Department that the structure meets all necessary safety requirements, is required prior to the erection of the temporary structure. All material representations and commitments made by the Applicant pursuant to the temporary use proposal as herein awarded, whether in public hearing or documentation presented before the*City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 6: This resolution shall not affect any existing litigation and 'shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 7: If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED BY the City Council of the City of Aspen on this 27`h day of November, 2017. Steven Skad�on, Mayor I1 Manning, City Approved as to form: ,.,lames R. True, City Attorney 0 MEMORANDUM TO: Mayor Skadron and Aspen City Council FROM: Hillary Seminick, Planner I THRU: Jessica Garrow, Community Development Director RE: Temporary Use Request I Grey Lady Restaurant, 305 S. Mill St., Resolution No. 157, Series of 2017 MF.F.TTN( iIATF.- Nnvemher 97 9017 APPLICANT: Ryan Chadwick, 426 E. Hyman Ave #301, Aspen, CO 81611 LOCATION: 305 S. Mill Street, Grey Lady Restaurant CURRENT ZONING: Commercial Core (CC), Commercial Core Historic District SUMMARY: The applicant is seeking temporary use approval for Grey Lady restaurant to place a plastic/canvas tent over the site's public amenity space from December 21, 2017 through April 20, 2018, a total of one hundred and twenty (120) days. STAFF RECOMMENDATION: Staff is recommending the City Council deny the applicant's request for a one hundred twenty (120) day temporary use approval. Staff finds the structures to be out of character with the historic district and does not wish to encourage structures constructed of such impermanent materials for such a length of time. Alternatively, City Council may consider granting a shorter fourteen (14) day approval, beginning on December 201h and ending on January 3rd Figure A. Grey Lady Restaurant, looking north Figure B. Grey Lady Restaurant, looking west Figure C. Grey Lady Restaurant, looking south 305 S. Mill St. (Grey Lady Restaurant) Temporary Use November 27, 2017 Page 1 of 4 REQUEST OF CITY COUNCIL: The applicant is requesting Temporary Use approval related to two temporary structures in accordance with Chapter 26.450 of the Land Use Code for a period of one hundred and twenty (120) days. The Code allows City Council to grant temporary use approval for up to 180 consecutive days within a calendar year. City Council is the final review authority. PROJECT BACKGROUND: The subject site is located within the historic Commercial Core zone district, at the corner of the Mill Street pedestrian mall and E. Hyman Avenue. The applicant has requested and received temporary use approval for the tent on this site during the 2014-2015 winter season, the 2015-2016 holiday season, and now for the 2017-2018 winter season. The history of requests are as follows. • In 2013 City Council granted a former restaurant owner of the subject location seasonal temporary use approval for a temporary custom fabric airlock from January through March of the same year. At Staff s recommendation Council granted this as a one-time approval, and directed the applicant to find a permanent solution for future needs. • In December 2014, Staff approved a seven-day tent permit for the site. The tent was erected over the trellis, covering the site's public amenity space, and was fully -enclosed with roll -down walls. After the tent was not removed the matter was directed to Council for review. • In January 2015 Council granted the applicant temporary seasonal approval for the tent to be erected on -site through April 15t' of the same year. At the hearing Council was clear that this was a one-time approval and that the Applicant should not return to renew this request. • In October 2015 City Council denied the applicant's request to erect this tent on the site for the duration of the winter season. Council was concerned with the tent's use of plastic and canvas materials and questioned the temporary nature of a structure that kept reappearing seasonally. • In December of 2015 City Council granted the applicant an 11-day temporary use approval (December 24, 2015- through January 3, 2016) to erect the tent over the site's public amenity space. • In December of 2016, City Council granted the applicant a 14 day, temporary use approval. The approved days were not required to be used consecutively. The applicant also requested an exterior airlock, which was not approved. Since the previous Temporary Use approvals, the Land Use Code has changes, requiring additional design review be included for all proposals that cover Pedestrian Amenity space. CURRENT REQUEST: The applicant is requesting temporary use approval to cover the existing trellis with a grey canvas and plastic covering on the subject site for a period of one hundred and 305 S. Mill St. (Grey Lady Restaurant) Temporary Use November 27, 2017 Page 2 of 4 a • twenty (120) days, to begin on December 21, 2017 and end on April 20, 2018. The covering has been placed on the site's trellis over various durations by the Applicant throughout the past three winter seasons. The temporary covering will be utilized by the restaurant during evening operating hours, and by a winter market on Saturday during the late morning and afternoon. STAFF EVALUATION: This Application is the fourth annual request for a covering of the trellis during the winter season at the Grey Lady. The Grey Lady is located in a prominent location at the intersection of the Mill Street and Hyman Avenue Pedestrian Malls within the Commercial Core Historic District. Staff does not support the request for a temporary enclosure over the trellis structure. A full analysis of the applicable review criteria can be found in Exhibit A. Commercial Design The Grey Lady is in a highly visible location at the intersection of two pedestrian malls within a historic district. The Commercial Core Historic District requires improvements that respect the 10-century historic context. The trellis covering in years past, and as proposed this year, is essentially a canvas and plastic tent. The materials of the trellis covering do not reinforce the historic context and are not appropriate for this Character Area. Furthermore, the tent would cover Pedestrian Amenity space for nearly one-third of the year, much longer than in past years. Figure D. Artist Rendition of trellis covering Figure E. Approved temporary covering, January 2017 Temporary Use While Staff is appreciative of the Applicant's representation that the space would be used as an indoor winter market on Saturdays during the winter season, Staff has recommended in past reviews of this temporary use request that the Applicant should consider pursuing a more permanent solution for their winter operations. This would allow for a design that is cohesive to the existing building, that meets the Commercial Design Guidelines, and is constructed of durable, high -quality materials, rather than a temporary tent. GMQS The canvas tent will generate 788 sq. ft. of Net Leasable floor area for one hundred and twenty (120) days of the year. The applicant will be required to pay $5,825 to mitigate for the new area. The applicant is required to verify the size of the covered area prior to payment. STAFF RECOMMENDATION: Staff recommends denial of the applicant's temporary use request, finding that the request does not meet the review criteria for Temporary Use or for Commercial Design. 305 S. Mill St. (Grey Lady Restaurant) Temporary Use November 27, 2017 Page 3 of 4 E i Council may choose to approve the applicant's temporary use request for the upcoming holidays, a fourteen (14) day period starting on December 24, 2016 and ending on January 2, 2017. Affordable housing mitigation will be calculated for the period of time that is subject to growth management review. Additionally, because this request has been made for four consecutive years, if Council supports the seasonal enclosure, Council may want to consider a reoccurring approval for two or three years. This has also been included as a potential alternative motion. PROPOSED MOTION (WORDED IN THE AFFIRMATIVE): "I move to approve Resolution 157, Series of 2017 to allow the erection of a canvas/plastic tent over the public amenity space 305 S. Mill St. from December 21, 2017 through April 20, 2018." ALTERNATE MOTION (WORDED IN THE AFFIRMATIVE): 1. "I move to approve Resolution 157, Series of 2017 to allow the erection of a canvas/plastic tent over the public amenity space at 305 S. Mill St. for a 14 (14) day period from December 20, 2016 through January 3, 2017." 2. "I move to approve Resolution 157, Series of 2017 to allow the erection of a canvas/plastic tent over the public amenity space at 305 S. Mill St. for the 2017-2018 season, and the 2018-2019 season, for a period not to exceed a period of one hundred twenty (120) days per season." EXHIBITS A. Review Criteria B. Application 305 S. Mill St. (Grey Lady Restaurant) Temporary Use November 27, 2017 Page 4 of 4 0 0 Exhibit B Review Criteria Section 26.450.030. Criteria applicable to all temporary uses. When considering a development application for a temporary use or an insubstantial temporary use, the Community Development Director or City Council shall consider, among other pertinent factors, the following criteria as they or any of them, relate thereto: A. The location, size, design, operating characteristics and visual impacts of the proposed use. Staff Response: The proposed tent measures approximately 788 sq. ft. This structure has been erected on the site in the same location for some period over the past three winter seasons, giving Staff and the community the benefit of viewing the structure and its operational characteristics on -site. The proposed tent is adjacent to the indoor commercial space and will cover the outdoor trellis. The tent has been designed from a heavyweight gray canvas with clear plastic windows and sides that can be rolled up. The applicant intends to use the tent as an extension of the indoor heated seating space for the restaurant and for a Saturday winter market. The proposed structures will be highly visible with materials that would not be permitted by Commercial Design Review. The proposed tent will cover the approved public amenity space that was a requirement for the development of the commercial building on the site. In 2013, a former tenant of the space received approval from HPC (via Resolution No. 15, Series of 2013) to construct a wooden trellis over the public amenity space as a shade structure. Reviews included Minor Development Review and View Plane approval. The approval was granted in part on the trellis' design - spaced wooden posts with no sides. The tent in the current proposal covers this light, airy structure with solid, opaque fabric which represents an increase in the commercial space of the restaurant using a material that would not be permitted as a permanent structure within the historic Commercial district. Temporary structures of this nature are considered by Staff for short-term approval (7 days); however, overall they are found to detract from the permanent architecture of the historic Commercial Core district, and therefore are not supported for longer periods of time. Staff finds this criterion to not be met. B. The compatibility of the proposed temporary use with the character, density and use of structures and uses in the immediate vicinity. Staff Response: The proposed tent will increase the commercial space of the Grey Lady restaurant. A restaurant is compatible with the character of the Commercial Core zone district and its historic overlay. However, as mentioned previously, the covered space is intended as public amenity space for the parcel, and in this sense, is incompatible with the approved use for this area of the site. The Code requires Pedestrian Amenity spaces to be open to the sky, open to view, and to contribute to an active street vitality. The closed sides of the tent create a private space that is neither open to the sky, nor contributing to the vitality of the area. 1 • 0 Canvas and plastic structures are not materials that would be approved through Commercial Design review, and are out of character with the surrounding architecture. Staff finds this criterion to not be met. C. The impacts of the proposed temporary use on pedestrian and vehicular traffic and traffic patterns, municipal services, noise levels and neighborhood character. Staff Response: The proposed structures will be located on private property adjacent to the S. Mill St. pedestrian mall and E. Hyman Ave. Staff does not anticipate any impacts on pedestrian or traffic patterns, or on municipal services. Noise levels may increase in this particular area since the tent is made of fabric and not a permanent structure; however, the structure is generally compatible with the nature of commercial businesses in the surrounding area. The City's noise ordinances will continue to apply. Staff finds these types of temporary structures negatively impact the neighborhood character, particularly when used for a longer period of time (more than seven days). Staff has worked with business owners to eradicate these temporary structures on other properties, from airlocks to awnings with sides, and encourages permanent solutions. The Commercial Core is a historic district and all buildings and structures are required to pass a heightened review process involving commercial design guidelines and historic preservation review. This fabric and plastic structure does not fit with the character of the district, particularly for a use that is greater than a short (one week) duration. Stafffinds this criterion to not be met. D. The duration of the proposed temporary use and whether a temporary use has previously been approved for the structure, parcel, property or location as proposed in the application. Staff Response: The Applicant is proposing to maintain the tent on the site for a period of one hundred twenty (120) days - from December 21, 2017 through April 20, 2018. The applicant has requested and received temporary use approval for the tent on this site in 2014 and again in 2015. The history of requests is as follows. • In 2013 City Council granted a former restaurant owner of the subject location seasonal temporary use approval for a temporary custom fabric airlock from January through March of the same year. At Staff's recommendation Council granted this as a one-time approval, and directed the applicant to find a permanent solution for future needs. • In December 2014, Staff approved a seven-day tent permit for the site. The tent was erected over the trellis, covering the site's public amenity space, and was fully -enclosed with roll -down walls. After the tent was not removed the matter was directed to Council for review. • In January, 2015 Council granted the applicant temporary seasonal approval for the tent to be erected on -site through April 1 Sl" of the same year. At the hearing Council was clear that this was a one-time approval and that the Applicant should not return to renew this request. 2 0 0 r 2015 City Council denied the applicant's request to erect this tent on thesite • In October, tent's us or the duration of the winter season. Council e a °concerned nature 1th of tae structure that kept and canvas materials and questioned the t p reappearing seasonally. use approval • In December of 2015 City Council granted the applicant an 11-day temporary PP 24 2015- through January 3, 2016) to erect the tent over the site's public (December , amenity space. applicant an 14-day temporary use approval • In December of 2016 City Council grante 4th20 P) to erect the tent over the site's public (December 24, 2016 -through January amenity space. E. The purposes and intent of the zone district in which the temporary use is proposed. al Core (CC) Zone District is to allow the use of Staff Response: The purpose of h al ° recreation and iner purposes within mixed -use land for retail, service Commel vitality throughout this support and enhance the business and service Icharacterhle n the historic central buildings to PP business core of the City. is his mix of uses of tis toonecourag t. Staff f nds this criterion to be met. district. Restaurant use fits p es Which may have F. The relation of the temporary use to conditions and character Chang occurred in the area and zone district in which the use is proposed. ta Purant is in itself not an Response: The use of the tent as an extension of the re es o temporary structures Staff incompatible use within the zone district. HOthese d sallowed in the Commercial and (fabric/plastic tents, airlocks, etc.) have been generally licant to explore a permanent solution Commercial Core zone districts. Staff encourages the applicant outdoor seating during the winter season. Staff f nds this criterion to not be met. to this issue of temporary use will enhance or diminish the general public health, G. How the proposed safety or welfare. e proposed tent over the outdoor space will allow patrons of the Grey Lady Response: The P P applicant has Staff P restau rant to use the outdoor dining area during the cold Staff finds this e criterion to be indicated that this space will be used as a Saturday winter met. Q • 0 Growth Management Quota System 26.470.040.7 Temporary uses and structures. The development of a temporaryuse shall be exempt from growth management, subject to the provisions of Chapter 26.450 Temporary and Seasonal Uses. Temporary external airlocks shallonl be ex ore structure Chapter if compliant with the applicable sections of Commercial es gnhReProv vew ions of this 26.412, and approved pursuant to Chapter 26.450 Tem or Chapter airlocks, and similar temporary or seasonal p arY and Seasonal Uses. Tents, external enclosures located on commercial properties and supporting commercial uses shall only be exempt from the provision of this Chapter, inc affordable housing mitigation requirements, if compliant with the applicable Commercial Design Review — Chapter 26.412, if erected for 7 cons p lading month period, and approved pursuant to Chapter 26.450 — consecutive days or less in a 12- p sections of Erection of these enclosures for longer than 7 consecutive days in a 2mp shall onth period shallmporary and Uses. compliance with the Commercial Design Review — require provisions of this Chapter including affo dable housing mit gati n6'412, and compliance with the Staff Response: The applicant is requesting a I20-day temporary use approval, nes (below), and affordable housin miti Staff has calculated the appropriate affordable housing mitigation to b � requiring compliance with Commercial Design Guideli g gation. e $S, 825. Commercial Design Guidelines: Commercial Core Historic District N_ Responses are only for the applicable review criteria for this project. 1.23 Building materials shall have these features: • Convey the quality and range of materials found in the current block context or historically in the Character Area. seen • Convey pedestrian scale. • Enhance visual interest through texture, application, and/or dimension. • Be non -reflective. Shiny or glossy materials are not appropriate as a Primary • Have proven durability and weathering characteristics within Aspen's climate. aterial. • A material with an integral color shall be a neutral color. Some variation is allowe d for secondary materials. Staff Response: The applicant is proposing two structures made from canvas and la These are not high quality materials p stac materials. typically found within the district. These are not a part of the block context nor are they seen historically in the area. The tent is appropriately generally non -reflective. As a temporary material, it does not have proven durability scaled scaled and weathering characteristics suitable for a mountain climate. The tent is grey, which is nor neutral color. Stafffinds this criterion to not be met. a suitable 1.24 Introducing a new material, material application, or material finish to the existi may be approved by HPC or P&Z if the following criteria are met: ng streetscape 4 0 • Innovative building design Creative material application that positively contributes to the streetscape. •• Environmentally sustainable building practice. Proven durability Staff Respon se: The proposed material is not considered is bee The innovative cantvas and plastic materials material that provides a positive contribution to the street scap materials. As with an energy efficient building codes because they are temporary ff tnds this do not comply Y e are not durable because they are not intended for permanent structures. Sta such, they criterion to not be met. 2.14 Architectural details should reinforce historic context and meet at least two of the following qualities. • Color or finish traditionally found downtown- • larger buildings. Texture to create visual interest, especially for • Traditional material: Brick, stone, metal and wood. • bond for masonry• application: for example, a running Traditional app found downtown, nor are they traditional Staff Response: Canvas and plasatic are cationnot tof said materials. The tent is grey, which is material. There is no traditional pp occasionally found downtown. Staff Inds this criterion to not be met. f 4 RECEIVED City of Aspen OCT 9 2017 Land Planners CITY OF ASPEN 10/09/17 "OMMl1yITY DEVELOPMENT Grey Lady Trellis- 305 South Mill ST, Aspen CO 81611 RE: Criteria questions for Temp Use and Affordable housing calculations A. The location, size, design, operating characteristics and visual impacts of the proposed use. The trellis is located at 305 South Mill St. The trellis area is wooden and the area is 788 Sq Ft. We plan on covering this area with a grey fabric cover. We plan on serving food and drinks under the covered area. B. The compatibility of the proposed temporary use with the character, density and use of structures and uses in the immediate vicinity. The Trellis is already in place and we are covering with a neutral color fabric covering. Similar to wild fig and the faris covering on the wheeler opera house building. C. The impacts of the proposed temporary use on pedestrian and vehicular traffic and traffic patterns, municipal services, noise levels and neighborhood character. No impact and we will be responsible for clearing our area from snow and ice. D. The duration of the proposed temporary use and whether a temporary use has previously been approved for the structure, parcel, property or location as proposed in the application. The duration is from Dec 23 2017 to March 31, 2018. Yes this was approved the last four seasons. E. The purposes and intent of the zone district in which the temporary use is proposed. We are in the commercial core and this will be used for restaurant use. F. The relation of the temporary use to conditions and character changes which may have occurred in the area and zone district in which the use is proposed. No changes in the zone district area G. How the proposed temporary use will enhance or diminish the general public health, safety or welfare. We are using an otherwise empty snow covered lot, we are offering the space for a farmers market on the weekend for tlhe public to purchase local goods in a heated and protectcd/covered area. 9 0 Employee Housing Mitigation for 96 days for 788 sq ft- $4,708.03 OCT 7D2- 17` To: City Of Aspen SuPtembor 23, lU 1 _ ,t)► 1� �.: �.1 tv DDELOPW h hu s. a _.. RE: Gray Lady Temporary Covered 1'rellis — 305 S. Mill St, Aspen. CO 61611'. Thus written response is an explanation of proposed dater, of 103 days and a description of the structure.w The proposed dates for the trellis to be covered at '305 S. Mill Street are December " 23,2017 March 31,2018. The covering for the trellis is made out of awning material, both black & transparent (windows). The ceiling material is clear and transparent and open to the sky. The covering's use 1 will not adversely affect pedestrian or vehicular traffic since the space is on a cobblestoned walking mat{, nor will the use affect traffic patterns, municipal services or neighborhood character. The use will actually decrease noise levels by making the area enclosed as opposed to open air. Aspen Weekend �n I lVtarW We are actively pursurr7(I weekend venrir:rc fur �,-fs Fx$ b(rt)ths Inside the trellis area to provide winter vegetables. cheese arid ether vafiout small husinf;:;scs. A smaller version of the Saturday market in Ihr' summer. f�9��rE;et rtpF�r<<tit�rt^ tivill t,e fron, 9,am to 4pm and we plan on converting the space for dining toff -. ;1t nii011 for (rc-y I eICIV Respectfully, Ryan Chadwick Grey Lady Aspoll 9 0 To: City of Aspen September 23, 2017 RECEIVED SEP 2 8 2017 CITY OF ASPEN COMMl1 P UE1IEL~ RE: Grey Lady Temporary Covered Trellis — 305 S. Mill St, Aspen, CO 81611 Thus written response is an explanation of proposed dates of 120 days and a description of the structure. The proposed dates for the trellis to be covered at 305 S. Mill Street are December 21,2017 — April 20th 2018. The covering for the trellis is made out of awning material, both black & transparent (windows). The ceiling material is clear and transparent and open to the sky. The covering's use will not adversely affect pedestrian or vehicular traffic since the space is on a cobblestoned walking mall, nor will the use affect traffic patterns, municipal services or neighborhood character. The use will actually decrease noise levels by making the area enclosed as opposed to open air. Aspen Weekend Winter Market We are actively pursuing weekend vendors for 6-8 6x6 booths inside the trellis area to provide winter vegetables, cheese and other various small businesses. A smaller version of the saturday market in the summer. Market Operations will be from 9am to 4pm and we plan on converting the space for dining use at night for Grey Lady. Respectfully, Ryan Chadwick Grey Lady Aspen ` .q 0 0 E /��PEN WINTER MARKET LOCATION: 305 S. Mill St DATES: December 23-March 31 (saturday only) TIME: 9:00am-4:00pm (flexible) Interested? Reach out! HITS-1,11wo. n•.i�. .,jvv� ;;.� t .y-.r.�,_.+7�.i=:S-r-•.•,4-'e'er. .__F .._ RECEIVED OCT 9 7017 CITY OF ASPEN CMVMTY DEVELOpMEN 1 0 11 L • RUAYt'r FOR iRMANE-h 1 RECORD CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMEN I ohi;V" -12 00�5 ���� 16r SEP 28 2017 An agreement between the City of Aspen ("City") and Property Phone No.: J v ��- (s anr�M Owner ("I"): i Email: Address of Billing Property: �0`j f''� 11S7-- Address: (Subject of 4� 11411(send bills here) application) �J I understand that the City has adopted, via Ordinance No., Series of 2011, review fees for Land Use applications and payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. $. _flat fee for $. flat fee for $. flat fee for $. flat fee for For Deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application. I understand that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. I have read, understood, and agree to the Land Use Review Fee Policy including consequences for no -payment. I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render and application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated✓ 'O deposit for hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. $_ deposit for hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. City of Aspen: Jessica Garrow, AICP Property Owner: Community Development Director / Name: City Use: '.st1 Title: Fees Due: $_Received $ V V • 9 ATTACHMENT 2 - LAND USE APPLICATION M irAR1T. Name: Address: l ��/. or Phone if: REPRESENTIVATIVE: Name: Address: Phoneff: [J GMQS Exemption [] Conceptual PUD XTemporary Use GMQS Allotment 0 Final PUD (& PUD Amendment) Special Review Subdivision F I Conceptual SPA ESA - 8040 Greenline, Stream r--J Subdivision Exemption (includes ID Margin, Hallam Lake Bluff, Condominiumization) Mountain View Plane �._ ] Final SPA (&SPA Commercial Design Review I- Lot Split Amendment) Residential Design Variance I Lot Line Adjustment I j Small Lodge Conversion/ Expansion U Conditional Use Other: EXISTING CONDITIONS: (description of existing buildings, uses, previous - . i' PROPOSAL: (Description of proposed buildings, uses, modifications, etc.) 12 Have you attached the following? FE S DUE: $ cm t_I Pre -Application Conference Summary Attachment 111, Signed Fee Agreement Response to Attachment 113, Dimensional Requirements Form CI Response to Attachment q4, Submittal Requirements — Including Written Responses to Review Standards = 3-D Model for large project All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre -application conference summary will indicate if you must submit a 3-D model. March, 2016 City of Apen 1 130 S. Galena St. 1 (970) 920 50501 9 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMEN Project: Applicant: Location: ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Im Zone District: %�` �' e Lot Size: Lot Area: SE? 2 8 Z017 CITY OF hSPEN N1 WOW DES (For the purpose of calculating Floor Area, Lot Area may be reduced for areas within the high-water mark, easement, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: /�� Proposed: _T/r Number of residential units: Existing: _ Proposed: Number of bedroorns: Existing: Proposed: Proposed % of demolition (Historic properties only): DIMENSIONS: Floor Area: Principal bldg. height: Access. Bldg. height: On -Site parking: % Site coverage: % Open Space: Front Setback: Rear Setback: Combined F/F: Side Setback: Side Setback: Combined Sides: Distance between Bldgs. Existing: Allowable:y /�-- Proposed k Existing: Allowable: Proposes Existing: Allowable: Proposed. Existing: Required: Proposed_ Existing: Required: Proposed_ Existing: Required: Proposed_ Existing: Required Proposed Existing: Required: Proposed Existing: Required Proposed. Existing: Required: Proposed Existing: Required Proposed _ Existing: Required Proposed _ Existing: Required: Proposed. Existing: Required: Proposed: _ Existing non -conformities or encroachments: 0 9 SHERMAN6HOWARD 320 West Main Street, Aspen, Colorado 81611-1557 Telephone: 970.925.6300 Fax: 970.925.1181 www.shermanhoward.com Curtis B. Sanders Sherman & Cloward L.L.C. Direct Dial Number: 970.300.0114 E-mail: csanclers@shermanhoward.com January 9, 2015 City of Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: 305-7 Mill Street LLC, a Delaware limited liability company; Certificate of Ownership Dear Sir or Madam: I am an attorney licensed by the Statc of Colorado to practice law. This letter shall confirm and certify that 305-7 Mill Street LLC, a Delaware limited liability company, is the owner of certain improved real property located at 305-7 Mill Street, Aspen, Colorado 8 161I, and legally described as follows (the "Subject Property"): Units A, B and C, ASPEN COMMERCIAL CONDOMINIUM, according to the Condominium Map thereof recorded November 6, 1974 in Plat Book 4 at Page 499 and as defined and described in the Condominium Declaration for Aspen Commercial Condominium recorded November 7, 1974 in Book 293 at Page 61. The entity 305-7 Mill Street LLC owns the Subject Property subject only to the following matters of record: 1. Reservations and exceptions as set forth in the Deeds from the City of Aspen recorded in Book 59 at Page 39 and in Book 59 at Page 350 providing as follows: "That no title shall be hereby acquired to any mine of gold, solver, cinnabar or copper or to any valid mining claim or possession held under existing laws." 2. Terms, conditions, provisions, obligations, easements, restrictions and assessments as set forth in the Condominium Declaration for Aspen Commercial Condominium recorded November 6, 1974 in Book 293 at Page 61. 3. Easements, rights of way, and all matters as disclosed on the Map of Aspen Commercial Condominium recorded November 6, 1974 in Plat Book 4 at Page 499. BUS RE/5402592.1 4. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the City of Aspen/Pitkin County Growth Management Commission recorded April 25, 2002 as Reception No. 466645 as Resolution No. 03 (Series of 2002). 5. Terms, conditions, provision.~, obligations and all matters as set forth in Resolution of the Aspen Historic Preservation Commission (HPC) recorded December 11, 2008 as Reception No. 554946 as Resolution No. 27 (Series of 2008). 6. Deed of Trust, Assignment of Leases and Rents and Security Agreement dated June 10, 2014 between Jefferies Loancore LLC and 30.5-7 Mill Street LLC, recorded June 18, 2014 as Reception No. 611186. 7. Assignment of Leases and Rents dated June 10, 2014 between Jefferies Loancore LLC and 305-7 Mill Street LLC, recorded June 18, 2014 as Reception No. 611187. 8. UCC-1 Financing Statement of Jefferies Loancore LLC recorded June 18, 2014 as Reception No. 611188. This letter shall further confirm that 305-7 Mill Street LLC, as the owner of the Subject Property, has authorized 305 S. Mill, Grey Lady to file and pursue a land use application in with the City of Aspen in connection with the Subject Property. Sincerely, Curtis B. Sanders BUS RG/5402592.1 Homeowner Association Compliance Policy All applications for a building permit within the City of Aspen are required to include a certification of compliance with applicable covenants and homeowner association policies. The certification must be signed by the property owner or Attorney representing the property owner. The following certification shall accompany the application for a permit. Subject Property: J00 1'_ I, the property owner, certify as follows: (pick one) dThis property is not subject to a homeowners association or other form of private covenant. ❑ This property is subject to a homeowners association or private covenant and the improvements proposed in this building permit do not require approval by the homeowners association or covenant beneficiary. ❑ This property is subject to a homeowners association or private covenant and the improvements proposed in this building permit have been approved by the homeowners association or covenant beneficiary. ...�� I understand the City of Aspen does not i te-rpr , enforce, or manage the applicability, meaning or effect of private covenants or homeowner sso ' tion rules or bylaws. I understand that this document is a public document. gy`.3 t,Kost- t{ �c��t {a�✓� T tc •� Wla�tm r/ Owner signature: date: Owner printed name: MO�f� Ails PGSC(I41/t� or, Attorney signature: Attorney printed name: date: November, 2014 City of Aspen 1 :130 S. Galena St. 1 (970) 920 5090 m Go gle Maps 305 S Mill St O 0 ".0 "m 0 305 S Mill St Aspen, CO 81611 At this location Grey Lady 4.1 **** Go gle (a I I Map data 02017 Google United States 20 A f� 0 305-7 Mill Street L1,C clo A4 Development 2001 A'. Halsted Sired. Suite 304 C.'hicago, Illinois 60614 telephone (312) 8.50-1680 Facsimile (312) 850-1685 October 4, 2017 City of Aspen CommUulity Development Department 130 South Galena Street, Third Floor Aspen, Colorado 81611 Re: 305-7 Mill Street, Aspen, Colorado 81611 (thc "Property") Ladies and Gentlemen: RECEIVED OCT 9 2017 CITY OF ASPEN CMWTY DEVELOPMENT 1 am writing as Manager of 305-7 Mill Street LLC, a Delaware limited liability company, which is the owner of the above referenced Property. The current tenant of a portion of the Property, Bareast Group LLC, doing business as "Grey Lady", has requesting our authorization for it to obtain a temporary use permit from the City of Aspen to enclose the trellis area on the Property for the period December 23, 2017 - March 31, 2018. This letter shall confirm that 305-7 Mill Street LLC authorizes Bareast Group LLC, doing business as "Grey Lady", and its principal Ryan Chadwick, to apply for, pursue and obtain the City of Aspen's approval of a temporary use permit to enclose the trellis area on the Property for the period December 23, 2017 - March 31, 2018, and any other directly -related approvals which may be required by the City of Aspen with respect to such matters. 305-7 MILL STREETLLC, a D /c.., e limited liability company By: 305-7 Mill Street Man per Colorado corporation By:°, — Mark Hunt Its: President 46826892.1 0 Ll CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY PLANNER: Garrett Larimer, 970.429.2739 DATE: 9.21.2017 PROJECT: 305 S. Mill St — Grey Lady Restaurant REPRESENTATIVE: Ryan Chadwick, 508.221.1689; Ryan.Chadwick@gmail.com DESCRIPTION: The applicant is interested in a Temporary Use approval to erect an enclosure over the patio/public amenity space at the Grey Lady restaurant during the 2017-2018 winter season. The enclosure has been erected on the site during the past three years for the holiday season and extending into March. During the 2016-2017 season, council approved the use of the structure for 14 days. The 14 days did not have to be used consecutively, but did have to be used during that winter season. The applicant may request a longer period of use. The subject site is located in the historic Commercial Core zone district and may require specific review of the Historic Preservation Planner. The applicant may also request an air lock as part of the temporary use application, which is consistent with their request in 2016-2017. This previous request was denied by City Council. Seasonal airlocks of more than 10 square feet installed on the exterior of the building will trigger a net leasable increase per section 26.575.020(I)(1), and may be subject to affordable housing mitigation if the use is approved for more that fourteen (14) days, In the past, the Community Development Director and City Council have made the determination that the requested structure was a substantial temporary use; therefore, the request must be reviewed by City Council, no matter the length of time requested. Council may grant a temporary use up to 180 days. The applicant has also expressed an interest in pursuing an application that would include annual recurrences, which may be granted by Council for no more than 10 years, per section 26.450.050. During last year's council hearing it was suggested to only approve the temporary use for the 2016-2017 season and not extend to the 2017-2018 season. It should be noted that temporary uses and structures are subject to compliance with section 26.412, Commercial Design Review. Affordable housing mitigation shall be required for any days in excess of fourteen (14) in a 12- month period. The previous designs conflicts with section PA1.5 of the Commercial, Lodging, and Historic District Design Standards and Guideline. This is a standard and will require a variance to approve the structure pursuant to section 26,412.040.D. The applicant will be required to complete an application as outlined in subsection 26.450.070 of the Land Use Code and as per this document, and to answer the criteria found in subsection 26,450.030 and 26.412.040.D. Council will make its determination based on a number of variables, including but not limited to visual impacts of the structure, compatibility with the surrounding uses, and the number of recurrences of the request. The following Land Use Code Sections are relevant to the request. Land Use Code Section(s) 26.304 Common Development Review Procedures 26.412 Commercial Design Review 26,450 Temporary and Seasonal Uses (26.450.101— 26.450,070) ASLU 305 S. Mill St. Temporary Use PID# 273718217004 0 • 26.470.040.7 Temporary uses and structures 26.470 Growth Management Quota System (GMQS) 26.710.140 Commercial Core (CC) zone district 26.575.020 Calculations and Measurements Below are links to the Land Use Application form and Land Use Code for your convenience: Land Use App: http //www.aspenpitkin.com/Portals/O/docs/City/Comdev/Apps%20and%20Fees/Land%20Use%20Application% 20Form.pdf Land Use Code: htt�,://www.aspenpitkin.com/Departments/Community-DevelopmenUPlanning-and-Zoning/Title-26-Land-Use- Code/ Commercial Design Guidelines: https://app.box.com/s/3a0vvpgpwtdzsomb9aa9risfg3gx2o1 b Review by: Planning staff, City Council Public Hearing: City Council Planning Fees: $1,300 Deposit for 4 hours of staff time (additional planning hours are billed at a rate of $325/hour) Total Deposit: $1,300 To apply, submit the following information: ❑ Completed Land Use Application and signed fee agreement. ❑ Pre -application Conference Summary (this document). ❑ Street address and legal description of the parcel on which development is proposed to occur, consisting of a current (no older than 6 months) certificate from a title insurance company, an ownership and encumbrance report, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. ❑ Applicant's name, address and telephone number in a letter signed by the applicant that states the name, address and telephone number of the representative authorized to act on behalf of the applicant. ❑ HOA Compliance form (Attached) ❑ A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application and relevant land use approvals associated with the property. 2 • 0 ❑ A site improvement survey (no older than a year from submittal) including topography and vegetation showing the current status of the parcel certified by a registered land surveyor by licensed in the State of Colorado. ❑ An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen. ❑ 1 Complete Copy of all application materials. If the copy is deemed complete by staff, the following items will then need to be submitted: ❑ 1 additional copy of the complete application packet and, if applicable, associated drawings. ❑ Total deposit for review of the application. ❑ A digital copy of the application provided in pdf file format. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. 3 THE CITY OF ASPEN Land Use Application Determination of Completeness Date: October 18, 2017 Dear City of Aspen Land Use Review Applicant, We have received your land use application for 305 S. Mill Temporary Use and have reviewed it for completeness (and not compliance). X Your Land Use Application is complete: Please submit the following to begin the land use review process. 1) Digital pdf of the entire application (via thumb drive, emailed files, or file sliaring) 2) One additional hard copy of the application. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2759 if you have any questions. Thank You, ;if r P elan, Deputy Planning Director City o spen, Community Development Department For Office Use Only: Mineral Rights Notice Required Yes No—y— GMQS Allotments Yes_y— No_ Qualifying Applications: New PD Subdivision, or PD (creating more than I additional lot - Residential Affordable Housing___ Commercial — E.P.F.____ Lodging. Ti IE CITY of ASPEN Land Use Application Determination of Completeness Date: October 13.2017 Dear City of Aspen Land Use Review Applicant, We have received your land use application for 305 S Mill "fem�orary Use request reviewed it for completeness. Your Land Use Application is incomplete: / lease submit the following missing submission items. 1. A disclosure of ownership of the parcel proposed for development, consisting of a current certificate from a title insurance company or attorney licensed to practice in the state (no older than 6 months), listing the names of all owners of the property and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel and demonstrating the owner's right to apply for the development application. As noted in the letter dated October 3r� the disclosure of ownership is outdated. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2759 if you have any questions. Tha You ennifer P el n, Deputy Planning ' ector City of Aspen, Community Development Department For Office Use Only: Qualifying Applications: Mineral Rights Notice Required New PD Yes No X- Subdivision, or PD (creating more than 1 additional lot) GMQS Allotments Residential __ Affordable Housing_,__ — Commercial_ _ F.P.F.___ _ Lodging_— Yes L No--- ._ _ • 0 C� THE CITY OF ASPEN Land Use Application Determination of Completeness Date: October 3, 2017 Dear City of Aspen Land Use Review Applicant, RECEIVED OCT 23 2017 CITY OF ASPEN �OW%MN DELELOPASENI We have received your land use application for 305 S. Mill, Temporary Use request reviewed it for completeness. Your Land Use Application is incomplete: Please submit the following missing submission items. 1. A letter signed by the applicant, containing the applicant's name, address and telephone number and the name, address and telephone number of any representative authorized to act on behalf of the applicant. No letter from the property otitmer authorizing the request and action on behalf of the property owner is included. 2. A disclosure of ownership of the parcel proposed for development, consisting of a current certificate from a title insurance company or attorney licensed to practice in the state (no older than 6 months), listing the names of all owners of the property and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel and demonstrating the owner's right to apply for the development application. The disclosure of ownership is outdated. 3. A site plan depicting the proposed layout and the project's physical relationship to the land and its surroundings. A scaled, site plan showing dimensions of the enclosed area needs to be included as affordable housing mitigation is requiredfir any length of time greater than 14 days. �JIG� 4. A written description of the proposal and a written explanation of how the proposed development complies with the review standards relevant to the development application. Written responses to the review criteria for a temporary use request and affordable housing mitigation are required F0 rl /(-,-- Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2759 if you have any questions. T You aennifer el n, Deputy Planning Director City of Aspen, Community Development Departmen For Office Use Only: Qualifying Applications: Mineral Rights Notice Required New PD Yes No "{ Subdivision, or PD (creating more than I additional lot)_ el GMQS Allotments Residential Affordable Housing Yeses No Commercial _;24— E.P.F._ _ Lodging Permits W O 2-C)1 %' PS LAA ❑ File'; Edit Record Navigate Form Reports Format Tab Help Px ` Lf Jump 1 '� Clear 1 I Main Custom Fields J Routing Status J Fee Summary ' Actions Routing History J M 0 c •o N 0 0 x Permit tape �slu-- Asl.an. en LUSe Permit �Q�S 2017.ASLU Address :C` S I,11LL- _ _ _ Apt,(Suite Citi .ASPRh! State CO I Z-w 91611 Permit Infirmabon Master permit _ Routing queue Iaslul ` Applied 10/23/2017 Project F — j Status (:ending Approved Description APPLICA ION FOR-EMPOARY USE FOR GREY LADY COVEREC?RELLIS Issued Closed/Final Submitted IRYAN CHAC-NICK 50a 221 1ES9 Clock lRunning Days Expires 10/18/2018 Submitted via Owner Last name CHADWICK First name RYAN Phone ( ) - Address Applicant m Owner is applicant? ❑ Contractor is applicant? Last name ICHADWICK First name IRYA14 Phone ( ) - Cust # 30815 Address Email Lender Last name I First name e A V 116spAnGoIO5 serye _- I�I1_Q 1- _ ..... '-� Q_4�� AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: ICI�',-" &4S . !�uS�4J)Aspen, CO SCHEDULED PUBLIC HEARING DATE: ND ✓ Z 7, 6P-5:�m , 201 STATE OF COLORADO ) ss. County of Pitkin ) I, �rr (name, please print) being or' enting an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing on the _ day of , 20, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. Neighborhood Outreach: Applicant attests that neighborhood outreach, summarized and attached, was conducted prior to the first public hearing as required in Section 26.304.035, Neighborhood Outreach. A copy of the neighborhood outreach summary, including the method of public notification and a copy of any documentation that was presented to the public is attached hereto. (continued on next page) Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested, to affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions, SPAs or PUDs that create more than one lot, new Planned Unit Developments, and new Specially Planned Areas, are subject to this notice requirement. Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such 'amendments. Signat e The foregoing "Affidavit of Notice" was ackno:7, d before me this day of i .o Ve , 20 17 , by NOTICE OF PUBLIC HEARING RE: 305 S. Mill Street, Grey Lady Restaurant - Public Hearing: November 27, 2017, 5:00 WITNESS MY HAND AND OFFICIAL SEAL PMMeeting Location Hall, City Council Chambers 130atiady S. Galena St., Aspen, COCre 8 Project Location: 305 S. Mill Street, Grey Lady Restaurant My commission expires: Legal Description: 305 S. Mill Street, legally descl bed as Aspen Commercial Condominiums Unit A and Common Area, Block 19, City and Townsite of Aspen, County of Pitkin, Colorado. Description: The applicant is requesting temporary use approval to permit a custom fabric tent to be Notary Public . erected over the trellis on the site, covering the areas public amenity space. The temporary covers KAR EN REED PATTERSON are requested from December 21, 2017 through April NOTARY PUBLIC 20, 2018. STATE OF COLORADO NOTARY ID #19964002767 ATTACHMENTS AS APPLIC �^ E F�brva ' �. 2020 • COPY OF THE PUBLICATION • PHOTOGRAPH OF THE POSTED NOTICE (SIGN) • LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL • APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE AS REQUIRED BY C.R.S. §24-65.5-103.3 • THE WHEELER SQUARE CONDOMINIUM ASSOCIATION 315 East Hyman Avenue Aspen, Colorado 81611 November 27, 2017 VIA HAND DELIVERY City of Aspen Community Development Department Hillary Seminick, Planner I 130 South Galena Street Aspen, CO 81611 RE: Grey Lady Restaurant Temporary Use Request — 305 S. Mill St. Dear Hillary: I write this letter on behalf of The Wheeler Square Condominium Association and the businesses located therein. We are located next door to the Grey Lady restaurant and will be affected by this request. We agree with Staff that the structures proposed of canvas and plastic would be out of character with historic district and would not reinforce the historic context of this important location. This is the fourth year of the Applicant requesting the same Temporary Use and despite City Council denying their request every year, the Applicant has come back again, and this time, for an even longer period of time, almost a third of the year. We would encourage City Council to deny the request and find that it does not meet the review criteria for Temporary Use or Commercial Design. Thank you for your consideration. Mary Lynn Casper, President fit'''` ' • AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: _ LDS .fC,,� .�j // S�, Aspen, CODE SCHEDULED PUBLIC HEARING DATE: Ild -7 i , 20��. STATE OF COLORADO ) ) ss. County of Pitkin ) I, V,���, (name, please print) being or representing an pplicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: 'V A Publication of notice: By the publication in the legal notice section of an official Paper or paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof Materials, which was not less than twenty two (22) inches wide and twenty-six (26) Inches high, and which was composed of letters not less than one inch in height. Sai notice was posted at least fifteen (1S) days prior to the public hearing on the day of 4/2,1 20_I _?, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto: V Mailing of notice. By mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E) (2) of The Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S mail to all owners of property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy hof the owners and governmental agencies so noticed is attached hereto. /1 Neighborhood Outreach: Applicant attests that neighborhood outreach, summarized and attached, was conducted prior to the first public hearing as required in Section 26.304.035, Neighborhood Outreach. A copy of the neighborhood outreach summary, including the method of public notification and a copy of any documentation that was presented to the public is attached hereto. (Continued on next page) March, 2016 City of Apen 1 130 S. Galena St. 1 (970) 920 SOSO _!! Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested, To affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application of development. the names and addresses of mineral estate owners shall be those on the current tax tax records of Pitkin County. At a minimum, Subdivision, Spas or PUDs that create more than one lot, new Planned Unit Development, and new Specially Planned Areas, are subject to this notices requirement. _ Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, to whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of new land use regulation, or otherwise, the requirement of an accurate survey map or other significant legal description of, and the notice to and listing of names and addresses of owners of real estate property in the ears of the proposed change shall be waived. However, the proposed zoning during all business hours for fifteen (15) days prior to the public hearing on such amendments. ti Signatur The foregoing "Affidavit Notice" was acknowledged before me this 0 - day of Eri^, C- -L 20f - , by--1-_YArU SCO77- CnIleW! 0<. ,Sflrk f n1el-.1 Yx tc_ `S WITNESS MY HAND AND OFFICIAL SEAL SERGE AVIZOV Notary Public - St2te of N,:•r Yc•k N0. 01 AV632G092 Qualified in Queers County My Commission Expires Jul 20, 2019 My commission expires: 'j—', 7-0. 200 f Notary Public ATTACHMENTS AS APPLICABLE: • COPY OF THE PUBLICATION • PHOTOGRAPH OF THE POSTED NOTICES (SIGN) • LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL • APPLICANT CERTIFICATION OF MINERAL ESTATE OWNERS NOTICED AS REQIURES BY C.R.S §24-65.5-103.3 O i i �n `NACt1ONµ O,NNEPS A550 OS►E �,oa CO 3as Mi:..,;,N COF As,W 1 ZS GAl'f/'IA 5I "'V CO LIBt l 0 r� u THE WHEELER SQUARE CONDOMINIUM ASSOCIATION 315 East Hyman Avenue Aspen, Colorado 81611 November 27, 2017 VIA HAND DELIVERY City of Aspen Community Development Department Hillary Seminick, Planner I 130 South Galena Street Aspen, CO 81611 RE: Grey Lady Restaurant Temporary Use Request — 305 S. Mill St. Dear Hillary: I write this letter on behalf of The Wheeler Square Condominium Association and the businesses located therein. We are located next door to the Grey Lady restaurant and will be affected by this request. We agree with Staff that the structures proposed of canvas and plastic would be out of character with historic district and would not reinforce the historic context of this important location. This is the fourth year of the Applicant requesting the same Temporary Use and despite City Council denying their request every year, the Applicant has come back again, and this time, for an even longer period of time, almost a third of the year. We would encourage City Council to deny the request and find that it does not meet the review criteria for Temporary Use or Commercial Design. Thank you for your consideration. Mary Lynn Casper, President To: City of Aspen September 23, 2017 RECEIVED SEP 2 8 2017 CITY OF ASPEN COMMUNITY DEVELOPMENT RE: Grey Lady Temporary Covered Trellis — 305 S. Mill St, Aspen, CO 81611 Thus written response is an explanation of proposed dates of 120 days and a description of the structure. The proposed dates for the trellis to be covered at 305 S. Mill Street are December 21,2017 — April 20th 2018. The covering for the trellis is made out of awning material, both black & transparent (windows). The ceiling material is clear and transparent and open to the sky. The covering's use will not adversely affect pedestrian or vehicular traffic since the space is on a cobblestoned walking mall, nor will the use affect traffic patterns, municipal services or neighborhood character. The use will actually decrease noise levels by making the area enclosed as opposed to open air. Aspen Weekend Winter Market We are actively pursuing weekend vendors for 6-8 6x6 booths inside the trellis area to provide winter vegetables, cheese and other various small businesses. A smaller version of the saturday market in the summer. Market Operations will be from 9am to 4pm and we plan on converting the space for dining use at night for Grey Lady. Respectfully, Ryan Chadwick Grey Lady Aspen 'Oopp 0 E a RECEIVED City of Aspen OCT 9 2017 Land Planners CITY OF ASPEN 10/09/17 Grey Lady Trellis- 305 South Mill ST, Aspen CO 81611 �o�+�tiyiT�' ��v�LOP��ii RE: Criteria questions for Temp Use and Affordable housing calculations A. The location, size, design, operating characteristics and visual impacts of the proposed use. The trellis is located at 305 South Mill St. The trellis area is wooden and the area is 788 Sq Ft. We plan on covering this area with a grey fabric cover. We plan on serving food and drinks under the covered area. B. The compatibility of the proposed temporary use with the character, density and use of structures and uses in the immediate vicinity. The Trellis is already in place and we are covering with a neutral color fabric covering. Similar to wild fig and the faris covering on the wheeler opera house building. C. The impacts of the proposed temporary use on pedestrian and vehicular traffic and traffic patterns, municipal services, noise levels and neighborhood character. No impact and we will be responsible for clearing our area from snow and ice. D. The duration of the proposed temporary use and whether a temporary use has previously been approved for the structure, parcel, property or location as proposed in the application. The duration is from Dec 23 2017 to March 31, 2018. Yes this was approved the last four seasons. E. The purposes and intent of the zone district in which the temporary use is proposed. We are in the commercial core and this will be used for restaurant use. F. The relation of the temporary use to conditions and character changes which may have occurred in the area and zone district in which the use is proposed. No changes in the zone district area G. How the proposed temporary use will enhance or diminish the general public health, safety or welfare. We are using an otherwise empty snow covered lot, we are offering the space for a farmers market on the weekend for the public to purchase local goods in a heated and protected/covered area. r� u Employee Housing Mitigation for 96 days for 788 sq ft- $4,708.03 0 • A�,PFH WINTER MARKFF LOCATION: 305 S. Mill St DATES: December 23-March 31 (saturday only) TIME: 9-00am-4:OOpm (flexible) Interested? Reach out! ryan.chadwickagmail.com ��,�„• raw.-., _ RECEIVED OCT 9 2017 CITY OF ASPEN COMMUMIY DEVELOPMENT booth 4 H booth 5 M booth 6 v booth 1 1 boath +2booth 3 September 23, 2017 R E I Grey Lady Temporary Covered Trellis — 1305 S. Mill St, Aspen. CO 81611 Thus written response Is an explanation of proposed dates of 103 days and a description of the structure, The proposed dates for the trellis to be covered at 305 S. Mill Strut are December 23,2017 — March 31,2018, "XI N The covering for the trellis is made out of awning material. both black & transparent (windows). The ceiling matenal is clear and transparent and open to the sky. The covefing'S use will not adversely affect pedestrian or vehicular traffic since the space is on a cobblestoned walking mail, not will the use affect traffic patterns, municipal services or neighborhood character. The use will actually decrease noise levels by making the area enclosed as opposed to open air. Aspen Weekend inter M�@�Lk91 -N�� We are actively pursuing weekend vendors for 6-8 Fix6 booths inside the trellis area to provide winter vegetables cheese and other various small businesses. A smaller version of the saturday market in the summer. Market Operations will be from Scam to 4pm and we plan on converting the space for dining u,% at nigrit for Grey Lady. Respectfully, Ryan Chadwick Grey Lady Aspen 0 0 305-7 Mill Street LLC c/o M /development 2001 N: Halsted Street, Suite 304 Chicago, Illinois 60614 Telephone (312) 850-1680 Facsimile (312) 850-1635 October 4, 2017 City of Aspen Community Development Department 130 South Galena. Street, Third Floor Aspen, Colorado 81611 Re: 305-7 Mill Sheet, Aspen, Colorado 81611 (the "Property") Ladies and Gentlemen: RECEIVED OCT 9 2017 CITY OF ASPEN CMAXJf1Y DEVELOPMENT 1 am writing as Manager of 305-7 Mill Street LLC, a Delaware limited liability company, wluch is the owner of the above referenced Property. The current tenant of a portion of the Property, Bareast Group LLC, doing business as "Grey Lady", has requesting our authorization for it to obtain a temporary use permit from the City of Aspen to enclose the trellis area on the Property for the period December 23, 2017 - March 31, 2018. This letter shall confirm that 305-7 Mill Street LLC authorizes Bareast Group LLC, doing business as "Grey .Lady", and its principal Ryan Chadwick, to apply for, pursue and obtain the City of Aspen's approval of a temporary use permit to enclose the trellis area on the Property for the period December 23, 2017 - March 3 1, 2018, and any other directly -related approvals which may be required by the City of Aspen with respect to such matters. 305-7 MILL STREET LLC, a rvwate limited liability company By: 305-7 Mill Street Man er c., a Colorado corporation By: Mark Hunt Its: President 46826892.1 YEARS SHERMAN6HOWARD 730 East Durant Avenue, Suite 200, Aspen, Colorado 81611 Telephone: 970.925.6300 Fax: 970.925.1181 www.sherrnanhoward.com Curtis B. Sanders Sherman & Howard L.L.C. Direct Dial Number: 970.300.0114 E-mail: csanders@shermanhoward.com October 3, 2017 City of Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: 305-7 Mill Street LLC, a Delaware limited liability company; Certificate of Ownership Dear Sir or Madam: I am an attorney licensed by the State of Colorado to practice law. This letter shall confirm and certify that 305-7 Mill Street LLC, a Delaware limited liability company, is the owner of certain improved real property located at 305-7 Mill Street, Aspen, Colorado 81611, and legally described as follows (the "Subject Property"): Units A, B and C, ASPEN COMMERCIAL CONDOMINIUM, according to the Condominium Map thereof recorded November 6, 1974 in Plat Book 4 at Page 499 and as defined and described in the Condominium Declaration for Aspen Commercial Condominium recorded November 7, 1974 in Book 293 at Page 61. The entity 305-7 Mill Street LLC owns the Subject Property, subject only to the following matters of record: 1. Reservations and exceptions as set forth in the Deeds from the City of Aspen recorded in Book 59 at Page 39 and in Book 59 at Page 350. 2. Terms, conditions, provisions, obligations, easements, restrictions and assessments as set forth in the Condominium Declaration for Aspen Commercial Condominium recorded November 6, 1974 in Book 293 at Page 61. 3. Easements, rights of way, and all matters as disclosed on the Map of Aspen Commercial Condominium recorded November 6, 1974 in Plat Book 4 at Page 499. 46826887.1 0 0 4. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the City of Aspen Planning and Zoning Commission recorded April 25, 2002 as Reception No. 466645 as Resolution No. 03 (Series of 2002). 5. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Aspen Historic Preservation Commission (HPC) recorded December 11, 2008 as Reception No. 554946 as Resolution No. 27 (Series of 2008). 6. Deed of Trust, Assignment of Leases and Rents and Security Agreement dated June 10. 2014 between Jefferies Loancore LLC and 305-7 Mill Street LLC, recorded June 18, 2014 as Reception No. 611186. 7. Assignment of Leases and Rents dated June 10, 2014 between Jefferies Loancore LLC and 305-7 Mill Street LLC, recorded June 18, 2014 as Reception No. 61 1 187. 8. UCC-1 Financing Statement of Jefferies Loancore LLC recorded June 18, 2014 as Reception No. 611188. 9. Terms, conditions, provisions and obligations as set forth in the Assignment of Deed of Trust, Assignment of Leases and Rents and Security Agreement dated as of August 28, 2014 between Jefferies LoanCore LLC as assignor and JLC Warehouse V LLC as assignee recorded August 24, 2015 as Reception No. 622662. 10. Terms, conditions, provisions and obligations as set forth in the Assignment of Assignment of Leases and Rents dated as of August 28, 2014 between Jefferies Loancore LLC as assignor and JLC Warehouse V LLC as assignee recorded August 24, 2015 as Reception No. 622663. 11. Terms, conditions, provisions and obligations as set forth in the UCC Financing Statement Amendment recorded August 24, 2015 as Reception No. 622664. 12. Terms, conditions, provisions and obligations as set forth in the Assignment of Deed of Trust, Assignment of Leases and Rents and Security Agreement dated as of July 22, 2015 between JLC Warehouse V LLC as assignor and DIVCORE CLO 2013-1 LTD. as assignee recorded August 25, 2015 as Reception No. 622699. 13. Terms, conditions, provisions and obligations as set forth in Assignment of Assignment of Leases and Rents dated as of July 22, 2015 between JLC Warehouse V LLC as assignor and DIVCORE CLO 2013-1 LTD. as assignee recorded August 25, 2015 as Reception No. 622700. 14. Terms, conditions, provisions and obligations as set forth in the UCC Financing Statement Amendment recorded August 25, 2015 as Reception No. 622701. 15. Terms, conditions, provisions, obligations and all matters as set forth in Resolution #27 (Series of 2015) of the City of Aspen Historic Preservation Commission recorded October 9, 2015 as Reception No. 624023. 2 46826887.1 0 E 16. Terms, conditions, provisions, obligations and all matters as set forth in Resolution #27 (Series of 2016) of the City of Aspen Historic Preservation Commission recorded December 1, 2016 as Reception No. 634268. Sincerely, Curtis B. Sanders 46826887.1 SHERMANBfHOWARD 320 West Main Street, Aspen, Colorado 81611-1557 Telephone: 970.925.6300 Fax: 970.925.1181 www.shermanhoward.com Curtis B. Sanders Sherman & Howard L.L.C. Direct Dial Number: 970.300.0114 E-mail: csanders@shermanhoward.com January 9, 2015 City of Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: 305-7 Mill Street LLC, a Delaware limited liability company; Certificate ol'Ownership Dear Sir or Madam: I am an attorney licensed by the State of Colorado to practice law. This letter shall confine and certify that 305-7 Mill Street LLC, a Delaware limited liability company, is the owner of certain improved real property located at 305-7 Mill Street, Aspen, Colorado 81611, and legally described as follows (the "Subject Property"): Units A, B and C, ASPEN COMMERCIAL CONDOMINIUM, according to the Condominium Map thereof recorded November 6, 1974 in Plat Book 4 at Page 499 and as defined and described in the Condominium Declaration for Aspen Commercial Condominium recorded November 7, 1974 in Book 293 at Page 61. The entity 305-7 Mill Street LLC owns the Subject Property subject only to the following matters of record: 1. Reservations and exceptions as set forth in the Deeds from the City of Aspen recorded in Book 59 at Page 39 and in Book 59 at Page 350 providing as follows: "That no title shall be hereby acquired to any mine of gold, solver, cinnabar or copper or to any valid mining claim or possession held under existing laws." 2. Terms, conditions, provisions, obligations, easements, restrictions and assessments as set forth in the Condominium Declaration for Aspen Commercial Condominium recorded November 6, 1974 in Book 293 at Page 61. 3. Easements, rights of way, and all matters as disclosed on the Map of Aspen Commercial Condominium recorded November 6, 1974 in Plat Book 4 at Page 499. BUS RG/5402592.1 4. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the City of Aspen/Pitkin County Growth Management Commission recorded April 25, 2002 as Reception No. 466645 as Resolution No. 03 (Series of 2002). 5. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Aspen Historic Preservation Commission (HPC) recorded December 11, 2008 as Reception No. 554946 as Resolution No. 27 (Series of 2008). 6. Deed of Trust, Assignment of Leases and Rents and Security Agreement dated June 10, 2014 between Jefferies Loancore LLC and 305-7 Mill Street LLC, recorded June 18, 2014 as Reception No. 611186. 7. Assignment of Leases and Rents dated June 10, 2014 between Jefferies Loancore LLC and 305-7 Mill Street LLC, recorded June 18, 2014 as Reception No. 611187. 8. UCC-1 Financing Statement of Jeffcries Loancore LLC recorded June 18, 2014 as Reception No. 611188. This letter shall further confirm that 305-7 Mill Street LLC, as the owner of the Subject Property, has authorized 305 S. Mill, Grey Lady to file and pursue a land use application in with the City of Aspen in connection with the Subject Property. Sincerely, Curtis B. Sanders 2 BUS RE/5402592.1 0 Go^gle Maps 305 S Mill St .a 305 S Mill St Aspen, CO 81611 At this location Grey Lady ; 1 * * * * C) x „t �1 Co .;!e O Map data 02017 Google United States 20 ft—_.___�a A a ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: CS�/Z:� Applicant' Location: T v Zone District., Lot Size: E rA Lot Area (For the purpose of calculating Floor Area, Lot Area may be reduced for areas Within the tligh-water mark, easement, and steep slopes, Please refer to the definition of Lot Area in the Municipal Code,) Commercial net leasable. Existing: Propose& Number of residential units: Existing" Proposed: Number of bedrooms:s: Existing.,71__:�L_ Proposed: Proposed % of demolition (Historic properties 00YNV DIMENSIONS. Floor Area: Principal bidg. height: Access. Bldg. height: On -Site parking: % Site coverage, % Open Space: Front Setback: Rear Setback. Combined F/F, Side Setback: Side Setback: Combined Sides-. Distance between Bldgs. Allowable. iV1f_, Proposed Existing: Allowubie: Proposed_ Existing., Allowable: —.-Proposed Existing: Reqwred. Proposed___ Existing: Required: --Proposed Existing:,-- Required: Proposed Existing: Required Proposed Existing. Required, Proposed, Existing. Reqijired Proposed Existing., Required� �L.Proposed Existing: Required Proposed Existing: Required Proposed Existing: Required: Proposed Existing: Required: Proposed: Existing non -conformities or encroachments Variations requested: ATTACHMENT 2 LAND USE APPLICATION PROJECT. N arise . Lo��tion: Pagel 11) # (REQURfmQ M!'r'L1tANT: Name RECEIVE OCT y 2017 CITY OF f-kSPE Andress: �_ ._.L.+�°✓ ` C..r�_Y �_.._-_� ,_y-� L._� _ _ _.- tJ -- Phone #: EPRESENTIVATIVE: Name- *7 J 5 ;��zz ' .. f_3 Address: c Z J 1� t_ t GMQS Exemption } MQS Allotment. Special Review C-D ESA - R040 Greenline Stream L_J Margin, Hallam Lake Bluff, Mountain View Plane Commercial Design Review = Residential Design Variance M rnnddfonall9se Conceptual PUG g"ernperrary Use �__.__ final POD (& POD Amendment) Conceptual SPA ;�atxdsvi�i,a i"alr>r�t;t;c�r {includes Lot Split ! of Line Adjustment 1 Final SPA (&SPA Amendment) -� Small Lodge Conversion/ Expansion other EXISTING; CONDITIONS: (description of existing buddings, trtca previous apt +ovals etc..) PROPOSAL: (Description of proposeo nuimings, uses, nioumcauons. eu.a Lve you attached the following? SEES DUE: _ Pre -Application conference Summary y_ 1 Attachment #1, Signed Fee Agreement Respome to Attachment #3, Dimensional Requirements norm __; Resporsee to Attachment #4, Submittal Requirements - including Written Responses to Review Standards ` Y 3•D Model for largo, project All plans that are larger than 8.s" X 11' must be folded. A disk with an electric copy of atl written text (Micro%oft Word Format) must be submitted as part of th+e application, Large scale projects should include an electronic 3-0 model, Your pre-applicatinon cottlete"to sumrnary will indicate If you must submit a 3-D modeL • • VIA- ,N COMMUNITY m DEVELOPMENTTV tzrn ATTACHMENT 2 -LAND USE APPLICATION o PROJECT: SaM :Z, M low Z_- i E 7- 10 Name: /-�- _ Location: S Al �� 14%�'� Parcel ID # (REQUIRED) APPLICANT: Name: Address: ! �/Z ` � ��� •/ `7'� 7� Phone #: REPRESENTIVATIVE: Name: Address: Phone#: GMQS Exemption �] GMQS Allotment Special Review ESA — 8040 Greenline, Stream Margin, Hallam Lake Bluff, Mountain View Plane Commercial Design Review Residential Design Variance 0 Conditional Use Conceptual PUD xTemporary Use 0 Final PUD (& PUD Amendment) Subdivision = Conceptual SPA C] Subdivision Exemption (includes Condominiumization) 0 Lot Split Lot Line Adjustment EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc. 0 Final SPA (&SPA Amendment) j� Small Lodge Conversion/ Expansion Other: PROPOSAL: (Description of proposed buildings, uses, modifications, etc.) 'et Have you attached the following? FE S DUE: $ c [—� Pre -Application Conference Summary Attachment #1, Signed Fee Agreement Response to Attachment #3, Dimensional Requirements Form r� Response to Attachment #4, Submittal Requirements — including Written Responses to Review Standards 3-D Model for large project All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre -application conference summary will indicate if you must submit a 3-D model. arch, 2016 City of Apen 1 130 S. Galena St. 1 (970) 920 5050 Permit No. Homeowner Association Compliance Policy All applications for a building permit within the City of Aspen are required to include a certification of compliance with applicable covenants and homeowner association policies. The certification must be signed by the property owner or Attorney representing the property owner. The following certification shall accompany the application for a permit. Subject Property: J00 F_ AK� �LO I, the property owner, certify as follows: (pick one) Lb This property is not subject to a homeowners association or other form of private covenant. ❑ This property is subject to a homeowners association or private covenant and the improvements proposed in this building permit do not require approval by the homeowners association or covenant beneficiary. ❑ This property is subject to a homeowners association or private covenant and the improvements proposed in this building permit have been approved by the homeowners association or covenant beneficiary. I understand the City of Aspen does not i rpr , enforce, or manage the applicability, meaning or effect of private covenants or homeowner sso ' tion rules or bylaws. I understand that this document is a public document. y'. 3 %A). 'sfi' li A" vc �IVI T is •� �4-1A rl Owner signature: e� QQ- II date: a I Owner printed name: "' �k ��/ rl-eo or, Attorney signature: Attorney printed name: date: November, 2014 City of Aspen 1 130 S. Galena St. 1 (970) 920-5090 All ATTACHMENT 3 SU 2 8 2017 DIMENSIONAL REQUIREMENTS FORM Project: C7 zo Applicant: Location: Zone District: Lot Size: Lot Area: CITY OF hsPEN COI�IMU1' M DID (For the purpose of calculating Floor Area, Lot Area may be reduced for areas within the high-water mark, easement, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing:/ Proposed: �L Number of residential units: Existing: Proposed: Number of bedrooms: Existing: Proposed: Proposed % of demolition (Historic properties only): DIMENSIONS: Floor Area: Existing: Principal bldg. height: Existing: Access. Bldg. height: Existing: On -Site parking: Existing. % Site coverage: Existing: % Open Space: Existing: Front Setback: Existing: Rear Setback: Existing: Combined F/F: Existing: Side Setback: Existing: Side Setback: Existing: Combined Sides: Existing: Distance between Bldgs. Existing: Existing: NAllowable: Vl�_ Proposed_ Existing non -conformities or encroachments: Allowable: Proposed Allowable: Proposed Required: Proposed Required: Proposed Required: Proposed Required Proposed Required: Proposed Required Proposed Required: Proposed Required Proposed Required Proposed LY Required: Proposed Required: Proposed: CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMEN 1 005,10n. �� j6�i SEP 2 8 2017 An agreement between the City of Aspen ("City") and CITYGIF JF f�1 Property Phone No.: sp ��- (o o y D� LIX41ENT Owner ("1"): X Email: Address of �Gf 5� % Billing Property: Address: (Subject ofl�v � 1411(send , 7J 6 bills here) annliratinnl I understand that the City has adopted, via Ordinance No., Series of 2011, review fees for Land Use applications and payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. $. flat fee for $. flat fee for $. flat fee for flat fee for For Deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application. I understand that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. I have read, understood, and agree to the Land Use Review Fee Policy including consequences for no -payment. I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render and application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. $ .0 bdeposit for hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. $ deposit for hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. City of Aspen: Jessica Garrow, AICP Community Development Director / City Use: �11✓ Fees Due: $ Received Property Owner: Name: L G" Title: THE CITY OF ASPEN City of Aspen 130 S. Galena Street, Aspen, CO 81611 p: (970) 920.5000 f: (970) 920.5197 w: www.aspenpitkin.com NOTICE OF PUBLIC HEARING , RE: 305 S. Mill Street, Grey Lady Restaurant , Public Hearing: November 27, 2017, 5:00 PM Meeting Location: City Hall, 130 S. Galena St, City Council Chambers on basement level Project Location: 305 S. Mill Street, legally described as Aspen Commercial Condominiums Unit A and Common Area, Block 19, City and Townsite of Aspen, County of Pitkin, Colorado. Description: The applicant is requesting temporary use approval to permit a custom fabric tent to be erected over the trellis on the site, covering the area's public amenity space. The temporary structures are requested from December 21, 2017 through April 20, 2018 , Land Use Reviews: Temporary Use, Growth Management, Commercial Design Review Decision Making Body: City Council Applicant: Ryan Chadwick, 426 E. Hyman Ave #301, Aspen, CO 81611 More Information: For further information related to the project, contact Hillary Seminick at the ' City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429.2741, Hillary.Seminick@cityofaspen.com. de�j Z4,oy CITY OF ASPEN 130 S GALENA ST ASPEN, CO 81611 0 elrmi. i-iso2so ..fiii���iiif�i�ii�f,�i�ffifi��iifi THE CITY of ASPEN Land Use Application Determination of Completeness Date: October 18, 2017 Dear City of Aspen Land Use Review Applicant, We have received your land use application for 305 S. Mill, Temporga Use and have reviewed it for completeness (and not compliance). XYour Land Use Application is complete: Please submit the following to begin the land use review process. 1) Digital pdf of the entire application (via thumb drive, emailed files, or file sharing) 2) One additional hard copy of the application. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2759 if you have any questions. Th You, Oennif. P elan, Deputy Planning Director City o spen, Community Development Department For Office Use Only: Mineral Rights Notice Required Yes _ No�_ GMQS Allotments Yes No Qualifying Applications: New PD Subdivision, or PD (creating more than I additional lot) Residential Affordable Housing Commercial E.P.F. Lodgin- TILE CITY OF ASPEN Land Use Application Determination of Completeness Date: October 13, 2017 Dear City of Aspen Land Use Review Applicant, We have received your land use application for 305 S. Mill, Temporary Use request reviewed it for completeness. J Your Land Use Application is incomplete: / please submit the following missing submission items. 1. A disclosure of ownership of the parcel proposed for development, consisting of a current certificate from a title insurance company or attorney licensed to practice in the state (no older than 6 months), listing the names of all owners of the property and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel and demonstrating the owner's right to apply for the development application. As noted in the letter dated October 3rd the disclosure of ownership is outdated. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2759 if you have any questions. Tha You Jennifer PI el n, Deputy Planning ' ector City of Aspen, Community Development Department For Office Use Only. Mineral Rights Notice Required Yes No �— GMQS Allotments Yes No Qualifying Applications: New PD Subdivision, or PD (creating more than I additional lot) Residential Affordable Housing . Commercial jc E.P.F. Lodging _ • RECEIVEr OCT 2 3 2017 THE CITY OF ASPEN CITY Land Use Application C l• OF ASPEN fYITY Dt IELOPMEN 1 Determination of Completeness Date: October 3, 2017 Dear City of Aspen Land Use Review Applicant, We have received your land use application for 305 S. Mill, Temporary Use request reviewed it for completeness. Your Land Use Application is incomplete: Please submit the following missing submission items. 1. A letter signed by the applicant, containing the applicant's name, address and telephone number and the name, address and telephone number of any representative authorized to act on behalf of the applicant. No letter from the property owner authorizing the request and action on behalf of the property owner is included. 2. A disclosure of ownership of the parcel proposed for development, consisting of a current certificate from a title insurance company or attorney licensed to practice in the state (no older than 6 months), listing the names of all owners of the property and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel and demonstrating the owner's right to apply for the development application. The disclosure of ownership is outdated. 3. A site plan depicting the proposed layout and the project's physical relationship to the land and its surroundings. A scaled, site plan showing dimensions of the enclosed area needs to be included as affordable housing mitigation is required for any length of time greater than 14 days. t D q /N_ 4. A written description of the proposal and a written explanation of how the proposed development complies with the review standards relevant to the development application. Written responses to the review criteria for a temporary use request and affordable housing mitigation are required. (/0 q ft_�_ Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2759 if you have any questions. T You (Iennifer pt el , Deputy Planning Director City of Aspen, Community Development Departmen For Office Use Only: Mineral Rights Notice Required Yes No_7'!!;� Qualifying Applications: New PD Subdivision, or PD (creating more than 1 additional lot) GMQS Allotments Yes '�., No Residential Affordable Housing Commercial E.P.F. Lodging u� so CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY PLANNER: Garrett Larimer, 970.429.2739 DATE: 9.21.2017 PROJECT: 305 S. Mill St — Grey Lady Restaurant REPRESENTATIVE: Ryan Chadwick, 508.221.1689; Ryan.Chadwick@gmail.com DESCRIPTION: The applicant is interested in a Temporary Use approval to erect an enclosure over the patio/public amenity space at the Grey Lady restaurant during the 2017-2018 winter season. The enclosure has been erected on the site during the past three years for the holiday season and extending into March. During the 2016-2017 season, council approved the use of the structure for 14 days. The 14 days did not have to be used consecutively, but did have to be used during that winter season. The applicant may request a longer period of use. The subject site is located in the historic Commercial Core zone district and may require specific review of the Historic Preservation Planner. The applicant may also request an air lock as part of the temporary use application, which is consistent with their request in 2016-2017. This previous request was denied by City Council. Seasonal airlocks of more than 10 square feet installed on the exterior of the building will trigger a net leasable increase per section 26.575.020(I)(1), and may be subject to affordable housing mitigation if the use is approved for more that fourteen (14) days, In the past, the Community Development Director and City Council have made the determination that the requested structure was a substantial temporary use; therefore, the request must be reviewed by City Council, no matter the length of time requested. Council may grant a temporary use up to 180 days. The applicant has also expressed an interest in pursuing an application that would include annual recurrences, which may be granted by Council for no more than 10 years, per section 26.450.050. During last year's council hearing it was suggested to only approve the temporary use for the 2016-2017 season and not extend to the 2017-2018 season. It should be noted that temporary uses and structures are subject to compliance with section 26.412, Commercial Design Review. Affordable housing mitigation shall be required for any days in excess of fourteen (14) in a 12- month period. The previous designs conflicts with section PA1.5 of the Commercial, Lodging, and Historic District Design Standards and Guideline. This is a standard and will require a variance to approve the structure pursuant to section 26.412.040.D. The applicant will be required to complete an application as outlined in subsection 26.450.070 of the Land Use Code and as per this document, and to answer the criteria found in subsection 26.450.030 and 26.412.040.D. Council will make its determination based on a number of variables, including but not limited to visual impacts of the structure, compatibility with the surrounding uses, and the number of recurrences of the request. The following Land Use Code Sections are relevant to the request. Land Use Code Section(s) 26.304 Common Development Review Procedures 26.412 Commercial Design Review 26.450 Temporary and Seasonal Uses (26.450.101 — 26.450.070) ASLU 305 S. Mill St. Temporary Use PID# 273718217004 M » 26.470.040.7 Temporary uses and structures 26.470 Growth Management Quota System (GMQS) 26.710.140 Commercial Core (CC) zone district 26.575.020 Calculations and Measurements Below are links to the Land Use Application form and Land Use Code for your convenience: Land Use App: http://www.aspenpitkin.com/Portals/0/docs/City/Comdev/Apps%20and%20Fees/Land%20Use%20Application% 20Form.pdf Land Use Code: http://www.aspenpitkin.com/Departments/Community-DevelopmenUPIanning-and-Zoning/Title-26-Land-Use- Code/ Commercial Design Guidelines: https://app.box.com/s/3a0vvpgpwtdzsomb9aa9risfg3gx2o1 b Review by: Planning staff, City Council Public Hearing: City Council Planning Fees: $1,300 Deposit for 4 hours of staff time (additional planning hours are billed at a rate of $325/hour) Total Deposit: $1,300 To apply, submit the following information: ❑ Completed Land Use Application and signed fee agreement. ❑ Pre -application Conference Summary (this document). ❑ Street address and legal description of the parcel on which development is proposed to occur, consisting of a current (no older than 6 months) certificate from a title insurance company, an ownership and encumbrance report, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. ❑ Applicant's name, address and telephone number in a letter signed by the applicant that states the name, address and telephone number of the representative authorized to act on behalf of the applicant. ❑ HOA Compliance form (Attached) ❑ A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application and relevant land use approvals associated with the property. 2 M N ❑ A site improvement survey (no older than a year from submittal) including topography and vegetation showing the current status of the parcel certified by a registered land surveyor by licensed in the State of Colorado. ❑ An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen. ❑ 1 Complete Copy of all application materials. If the copy is deemed complete by staff, the following items will then need to be submitted: ❑ 1 additional copy of the complete application packet and, if applicable, associated drawings. ❑ Total deposit for review of the application. ❑ A digital copy of the application provided in pdf file format. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. » M 1 Homeowner Association Compliance Policy All land use applications within the City of Aspen are required to include a Homeowner Association Compliance Form (this form) certifying the scope of work included in the land use application complies with all applicable covenants and homeowner association policies. The certification must be signed by the property owner or Attorney representing the property owner. Name: Property Owne („I„) Email: Phone No.: Address o Property (subject o application certify as follows: (pick one) ❑ This property is not subject to a homeowners association or other form of private covenant. ❑ This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application do not require approval by the homeowners association or covenant beneficiary. ❑ This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application have been approved by the homeowners association or covenant beneficiary. I understand this policy and I understand the City of Aspen does not interpret, enforce, or manage the applicability, meaning or effect of private covenants or homeowner association rules or bylaws. I understand that this document is a public document. Owner signature: Owner printed name: or, Attorney signature: Attorney printed name: date: date: 4