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Home My WebLink Aboutcoa.lu.tu.Mammoth.A72-97 ,-., ,~, ,'-> !"""', TO: Mayor and City Council f\, / Amy Margerum, City Manager ~ /_12/ Stan Clauson, Community Development Direct~v Julie Ann Woods, Deputy Director~JtJ Nov. 10, 1997 (;1'''.- THRU: FROM: DATE: RE: Request for extension of Temporary Use permit for Tattoo Parlor 465 N. Mill St. (S/C/I Zone district) Summary: The applicant is requesting a one time six month extension of the temporary use that was granted for a tattoo parlor in the S/C/I zone district. The temporary use was granted by City Council and became valid beginning January 14, 1997 through July 14, 1997. The applicant has requested a six month extension, retroactive to the time of expiration, or July 14, 1997. Staff recommends a one time six month extension, subject to the same conditions as the original temporary use. Applicant: Mammoth Arts, represented by Dennis Green, attorney, with Wollins, Hellman, & Green. Location: 465 N. Mill St. Zoning: S/C/I Code Criteria for Extension Request: Section 26.96.050 allows City Council to authorize one six month extension of an approved temporary use. As provided for in that subsection, all proposed extensions of a temporary use shall be evaluated under the same criteria as set forth in Sections 26.96.030 and 26.96.040. This code criteria follows. Code Criteria: The following criteria must be considered for the review of the tattoo parlor: A. The location, size, design, operating characteristics, and visual impacts of the Proposed use. Response: The applicant is currently located in a 760 sq.ft. existing commercial space in the 465 N. Mill Street building and has placed a sign on the exterior of the business that meets the requirements ofthe sign code. No information has been submitted illustrating the interior configuration of the tattoo parlor, however staff does not believe this is necessary for the extension review. The applicant briefly describes the operating ,-., .,,-., characteristics of the tattoo parlor in the original application. They expect a maximum of eight customers a day, due to the time required to make tattoos. B. The compatibility of the proposed temporary use with the character, density and use of structures and uses in the immediate vicinity. Response: The lower level of 465 N. Mill Street contains a mix of commercial, office, and industrial uses. The existing uses include Barking Beauties Pet Grooming, Downtown Detail, Anderson Klein Architects, Wright Telephone Systems, a photo processing shop, Rare Exchange consignments, and Design Studio furniture design. [The Planning Office is aware of several illegal retail uses in this building and is currently drafting modifications to the SICI! zOne district. There has been a trend over the past several years that some retail uses are seeking space in the SICI! zone district because of the lower rents, and traditional SICI! uses are being displaced down valley. This is a long range planning project that will recommend changes to the SICI! zone districts and is anticipated to come before the public, Planning Commission, and Council during November !997]. The tattoo parlor was approved as being appropriate in this location for a temporary six month period while the S/C/I zone is being reevaluated. Staff believes it is appropriate to allow an extension of the temporary use until January 1997 when it is anticipated that S/C/I zone district modifications are completed. It should be noted to City Council that at this point in the revising of the S/C/I zone district, tattoo parlors would not be allowed in that zone district. C. Impacts of the proposed temporary use on pedestrian and vehicular traffic and traffic patterns, municipal services, noise levels, and neighborhood characteristics. Response: The application represents the operation of the tattoo parlor to have no impact on traffic, municipal services, noise, or neighborhood characteristics, and indeed in the last six months of operation has not caused any known impacts. Based on the representations of the applicant, a maximum of eight customers can be accommodated per day. Staff believes this level of customer visitation is consistent with the uses of this neighborhood on a temporary basis. 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. Response: The applicant is seeking the one time extension for this temporary use which is 180 days or six months. This was the first request for a temporary use permit for this property. This was also the first request for a tattoo parlor to be considered a temporary use in any zone district. 2 ,....., f"""\ E. The purposes and intent of the zone district in which the temporary use is proposed. Response: The purpose of the S/C/I zone district follows: Purpose. The purpose of the Service/Commercial/Industrial (S/C/I) zone district is to allow for the use of land for the preservation or development of limited commercial and industrial uses which do not require or generate high customer traffic volumes, and to permit customary accessory uses, including residential dwelling units. As discussed in this review, staff is still evaluating the permitted and conditional uses of this zone district. Therefore, permitting this use on a temporary basis for another six months (retroactive from July 14, 1997) is acceptable by staff. F. The relation ofthe temporary use to conditions and character changes which may have occurred in the area and zone district in which the use is proposed. Response: As discussed in item B., there are several illegal retail uses that are currently in operation on this parcel. The Planning Office is reviewing the S/C/I zone district to determine what revisions are appropriate in this district to ensure compatibility of uses with the intent and purpose of the underlying zone district. Staff can support this extension of the temporary use permit as it is only permitting the use until January, 1998. G. How the proposed temporary use will enhance or diminish the general public health, safety or welfare. Response: There will be a washroom in the business that will be available for clients. The applicant is also prohibiting clients from drinking alcoholic beverages while on the premises. The Environmental Health Dept. required a waste disposal plan when the temporary use was first approved. They are recommending that this plan remain in effect until the temporary use is terminated. Recommendation: Staff is recommending approval of the extension of the temporary use permit request for a tattoo parlor for six months retroactive from July 14, 1997, subject to the following conditions: 1. The hours of operation shall be limited to 7:00 am - 10:00 pm. 2. The temporary use is valid from July 14, 1997 to January 14, 1998. 3. The waste disposal plan approved by Environmental Health Department shall continue in effect. . 3 -. .-. 4. All material representations made in the application and in the hearing by the applicant and the applicant's representative shall be considered conditions of approval, unless amended by other conditions. 5. The applicant shall comply with the State of Colorado Rules and Regulations pertaining to Epidemic and Communicable Disease Control, specifically Regulation 10 Cleaning and Sterilization of Needles, Instruments, Probes, and devises used by Acupuncturists, Tattoo Artists, and Persons Perfonning Ear or Percutaneous Piercing. Recommended Motion: "I move to approve the request for a six month extension of a Temporary Use Pennit for a Tattoo Parlor located in the lower level of the building located at 465 N. Mill Street for a period of six months beginning July 14, 1997 and tenninating January 14, 1998, subject to the conditions set forth in the Planning Office memorandum dated November 10, 1997." City Manager's Comments: Attachments: Exhibit A Resolution 4 ~ -- Facsimile Transmittal Date # of Pages I'lSt97 1 To . From . /)Oyt;t ; J ~ f~~ f}n" eJi/o.4, Co./Dept. Co./Dept. ASPENIPITKIN COMMUNITY DEVELOPMENT . Phone # Phone # 970-920-~ S/Do Fax # Fax # 970-920-5439 NOTES . ---- VLC: homeladminlfonnsIFAX.doc ,-. .'-", '. WOLLINS, HELLMAN & GREEN DAVID H. WOLLINS* JONATHAN J. HELLMAN DENNIS B. GREEN MICHAEL]. AXELRAO+ .. ADMITTED IN COLORADO AND NEW YORK + ADMlTIED IN COLORADO AND CAUFORNfA A LAW PARTNERSHIP OF PROFESSIONAL CORPORATIONS 117 SOUTH SPRING STREET SUITE 1 ASPEN, COLORADO 81611 TELEPHONE (970) 925-1885 FACSIMILE (970) 925-8967 DENVER OFFICE 720 SOUTH COLORADO BLVD. SUITE 620-S DENVER, COLORADO 80222 TELEPHONE (303) 758-8900 FACSIMILE (303) 758-81 t 1 September 10, 1997 Aspen City Council 130 S. Galena Aspen, CO 81611 Re: Land Use Application, Extension Of Temporary Use, Mammoth Arts Tattoo Parlour To the City Council: On behalf of my client, Mammoth Arts, Inc., application is hereby made for an extension of the temporary use for the Tattoo Parlour, pursuant to Chapter 26.96 of the City's Land Use Regulations, for a tattoo parlour as follows: I. BASIC INFORMATION 1. Applicants: Mammoth Arts, Inc., 465 N. Mill, No.9, Aspen, Colorado, 81611, 544- 8057. 2. Location: 465 N. Mill, No.9, Aspen, Colorado, 81611. 3. Zoning: Service/Commercia/Industrial. 4. Ownership: Premises leased by applicants. Evidence of ownership by landlord previously supplied. 5. Vicinity Map: Previously supplied. 6. Sketch Plan of the building showing location of the unit, vehicle and pedestrian access: Previously supplied. 1 -, I'"" ..~ ., ,'" WOLLINS, HELLMAN & GREEN n. DESCRIPTION OF PROPOSAL The present application is for a six month extension of the Temporary Use Permit previously granted by the City Council on January 13, 1997. The applicant has been operating in the location requested, without significant problems or complaints, since the original permit was granted. This application is submitted pursuant to Section 26.96.050 of the City's Land Use Regulations. Additional information has already been provided in the original application, which demonstrates that the applicant meets the criteria for the temporary use. Sincerely, Dennis B. Green 2