HomeMy WebLinkAboutlanduse case.tu.720 E Durant Ave.A051-002737-182-42-049 A051-00
-�> Kolorwheel Temporary Use
720 E. Durant
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COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
(970) 920-5090
City of Aspen
Land Use:
1041
Deposit
1042
Flat Fee
1043
HPC
1046
Zoning and Sign
Referral Fees:
1163 City Engineer
1205 Environmental Health
1190 Housing
Building Fees:
1071
Board of Appeals
1072
Building Permit
1073
Electrical Permit
1074
Energy Code Review
1075
Mechanical Permit
1076
Plan Check
1077
Plumbing Permit
1078
Reinspection
1079
Aspen Fire
Other Fees:
1006
Copy
1302
GIS Maps
1303
GIS Fee
1481
Housing Cash in Lieu
1383
Open Space Cash in Lieu
1383
Park Dedication
1468
Parking Cash in Lieu
Performance Deposit
1268
Public Right-of-way
1164
School District Land Ded.
TOTAL
NAME:
ADDRESS/PROJECT:
PHONE:
CHECK#
CASE/PERMIT#: # OF COPIES:
DATE: INITIAL:
CASE NUMBER
A051-00
PARCEL ID #
2737-182-42049
CASE NAME
Kolorwheel Extension of Temporary Use Permit
PROJECT ADDRESS
720 E. Durant
PLANNER
Nick Lelack
CASE TYPE
Temporary Use
OWNER/APPLICANT
Melinda Goldrich
REPRESENTATIVE
Kathie Schulman
DATE OF FINAL ACTION
5/9/00
CITY COUNCIL ACTION
Resolution 58-2000
PZ ACTION
ADMIN ACTION
BOA ACTION
DATE CLOSED
8/2/00
BY
J. Lindt
County of Pitkin ) AFFIDAVIT OF NOTICE PURSUANT
) ss. TO ASPEN LAND USE REGULATION
State of Colorado ) SECTION 26.304.060 (E)
I, age (( fl cf a (9, (ef v� � , being or representing an
Applicant to the City of Aspen, personally certify that I have complied with the public notice
requirements pursuant to Section 26.304.060 (E) of the Aspen Land Use Regulations in the
following manner:
1. By mailing of notice, a copy of which is attached hereto, by first-class, postage prepaid
U.S. Mail to all owners of property with three h red (300) feet of the subject
property, as indicated on the attached list, on th day o , I9�--(which is
days prior to the public hearing date of
2. By posting a sign in a conspicuous place on the subject property (as it could be seen
from the nearest public way) and that the said sign was posted and visible continuously
from the day of ° , 91 r_ (Must be posted for at least ten (10) full
days before the hearing date). A photograph of the posted sign is attached hereto.
Signature
Signed bef�me this ,yday
WITNESS MY HAND AIJOFFICIAL SEAL
My commission expires: _c)O
11
•
PARCEL ID: 12737-182-42049 DATE RCVD: 4 T75 # COPIES: — CASE NO A051-00
CASE NAME: Kolorwheel Extension of Temporary Use Permit PLNR:
PROJ ADDR: 720 E. Durant CASE TYP: ITemporary Use STEPS:
OWN/APP:j Melinda Goldrich ADR C/S/Z: I PHN:
REP: Kathie Schulman ADR:1720 E. Durant, Ste E2 C/S/Z: IAspen/CO/81611 PHN: 544-6191
FEES DUE: 480 D FEES RCVD:1480 STAT: F
REFERRALS
REF] �r BYF—
MTG DATE REV BODY PH NOTICED
REMARKS
DUE:I
DATE OF FINAL AC
CITY COUNCIL.
PZ:
B A
O :
CLOSED:— BY:
DRAC:
PLAT SUBMITD: IPLAT (BK,PG):�� ADMIN
DEVELOPMENT ORDER
NTIBT
City of Aspen
Community Development Department
This Development Order, hereinafter "Order", is hereby issued pursuant to Section
26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights",
of the City of Aspen Municipal Code. This Order allows development of a site specific
development plan pursuant to the provisions of the land use approvals, described herein.
The effective date of this Order shall also be the initiation date of a three-year vested
property right. The vested property right shall expire on the day after the third
anniversary of the effective date of this Order, unless a building permit is approved
pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a
revocation is issued by City Council pursuant to Section 26.308.010. After Expiratica of
vested property rights, this Order shall remain in full force and effect, excluding any
growth management allotments granted pursuant to Section 26.470, but shall be subject
to any amendments to the Land Use Code adopted since the effective date of this Order.
This Development Order is associated with the property noted below for the site specific
development plan as described below.
Melinda Goldrich, 720 E. Durant.ste E2, Aspen, CO 81611
Property Owner's Name, Mailing Address and telephone number
720 E. Durant
Legal Description and Street Address of Subject Property
Temporary Use Permit
Written Description of the Site Specific Plan and/or Attachment Describing Plan
Resolution #58-2000, 5/9/00
Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions)
May 20, 2000
Effective Date of Development Order (Same as date of publication of notice of approval.)
November 10, 2000
Expiration Date of Development Order (The extension, reinstatement, exemption from expiration
and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen
Municipal Code.)
Issued this 20th day of May, 2000, by the City of Aspen Community
Dexelopment Director.
Ann Woods, Community Development Director
PUBLIC NOTICE
Of
DEVELOPMENT APPROVAL
Notice is hereby given to the general public of the approval of a site specific development
plan, and the creation of a vested property right pursuant to the Land Use Code of the
City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the
following described property: 720 East Durant Avenue, by Resolution of the City
Council numbered 58, series of 2000. For fizrther information contact Julie Ann Woods,
at the Aspen/Pitkin Community Development Dept. 130 S. Galena St, Aspen, Colorado
(970) 920-5090.
s/City of Aspen Account
Publish in The Aspen Times on May 20, 2000
MEMORANDUM
TO: Mayor and City Council
THRU: Steve Barwick, City Manager
John Worcester, City Attorney
Julie Ann Woods, Community Development Director
Joyce Ohlson, Deputy Director
FROM: Nick Lelack, Plannerw
RE: Kolor Wheel Temporary Use Permit - Request for Extension of Time
- 720 East Durant Avenue
Public Hearing
DATE: May 8, 2000
APPLICANTS/REPRESENTATIVES:
Melinda Goldrich & Kathie Schulman
=�`-..� -•-
of the Kolor Wheel
�.
ZONING:
` s •^..,..,
Neighborhood Commercial (NC)
Zone District
IX I
.E
LOCATION:.'
720 East Durant
REVIEW PROCEDURE:
The arrow points to the current location of the Kolor
Temporary Use Permit: City Council
Wheel at 720 East Durant.
may grant, grant with conditions, or
SUMMARY:
deny one extension of a temporary use
for a period of up to 180 days.
The Applicant is requesting a Temporary Use Permit
Extension for 180-days, for the period from May 15
to November 10, 2000
STAFF COMMENTS:
The applicants, Melinda Goldrich and Kathie Schulman of the Kolor Wheel, are
requesting an extension of their temporary use permit to operate an instructional
ceramic finishing studio at 720 East Durant for an additional 180 day period of time.
The existing temporary use expires May 15, 2000. This "paint your own ceramics"
operation has been and would continue to be adjacent to the Caldwell Broker Real
Estate Office and would continue to include on -site firing (to finish the ceramics) and
a retail sales component. The use is not listed as a permitted or conditional use in the
Neighborhood Commercial (NC) Zone District.
The operational style of this use and expected impacts on the surrounding properties
has been and is expected to be similar to uses already permitted in the zone. A barber
shop, liquor store, food market, and video rental store are all permitted uses.
However, staff does not believe this type of business is consistent with the intent and
purpose of the NC Zone.
The purpose of the NC zone is "to allow small convenience retail establishments as
part of a neighborhood, that are designed and planned to be compatible with the
surrounding neighborhood, to reduce traffic generation, and mitigate traffic
circulation and parking problems, and to serve the daily or frequent trade or service
needs of the neighborhood."
It is this last phrase — to serve the daily or frequent trade or service needs of the
neighborhood — in which staff does not believe this business conforms. In other
words, a person's daily needs do not typically include the need to paint ceramics.
The business had operated as an accessory use to Alien Cycles on the same block.
Alien Cycles is similar to the business being considered for the temporary use in that
it does not necessarily serve the daily or frequent service needs of the neighborhood.
Alien Cycles, however, is a non -conforming use in the NC Zone District and is
allowed to continue in its specific location under the non -conforming provisions of
the land use code. The Kolor Wheel had operated in the Alien Cycles store under this
same non -conforming status. The non -conforming status and protection under the
land use code, however, runs with a property and is not transferable to new locations.
In other words, the Kolor Wheel cannot relocate their non -conformity to a new
location and claim the same protection.
Although staff does not believe the criteria of "consistency with the purpose of the
zone district" would be served with this use, staff is recommending approval with
the condition that the applicant applies for a code amendment to allow this use
in the NC Zone District no later than June 9, 2000 or the temporary use shall be
terminated.
Staff s recommendation is based on the direction City Council and Community
Development Staff gave to the applicants during the review process for the first
temporary use permit. Specifically, in the Aspen City Council minutes dated
September 13, 1999, Councilman Tony Hershey moved to adopt Resolution No. 85,
Series of 1999, with the direction to the applicant to proceed forward with a code
amendment, if that is their decision; and Planner Chris Bendon told Council that if the
applicants want to stay longer than six months, they will have to pursue a code
amendment. Mayor Rachel Richards also cautioned the applicants against signing a
long-term lease in case the code amendment is not approved. Ms. Shulman said they
opened the business with a risk and realized they were in a temporary space.
When the owners of the Kolor Wheel approached staff about the expiration of their
temporary use, it was clear their six month permit would expire before the code
amendment would be processed. The applicant has two choices: they need to (1)
apply for a code amendment to legalize the use, or (2) terminate the use. The
Community Development Department again cautions Council that the amendment is
not likely to be supported because staff does not believe the use is consistent with the
Neighborhood Commercial Zone District.
RECOMMENDATION:
The Community Development Department recommends approval of extending the
Kolor Wheel Temporary Use for up to 180 days, until November 10, 2000, with the
following conditions:
1. The applicant shall apply for a code amendment to allow the operation of an
instructional ceramics finishing store with retail sales to be added to the list of
permitted or conditional uses in the Neighborhood Commercial Zone District by
June 8, 2000, or this temporary use permit shall expire on June 9, 2000.
2. The extension of this temporary use shall terminate within 30 days of final action
by City Council if the code amendment is not adopted, but in no case any later
than November 10, 2000.
PROPOSED MOTION:
"I move to approve Resolution No. , Series of 2000, an extension of up to 180-
days of the temporary use permit for the Kolor Wheel."
CITY MANAGER COMMENTS:
ATTACHMENTS:
Exhibit A — Review Criteria and Staff Findings
Exhibit B — Regular Meeting Minutes, Aspen City Council, September 13, 1999
C:\home\nickl\Active Cases\Kolor Wheel\CC MEMO.doc
EXHIBIT A
KOLOR WHEEL TEMPORARY USE PERMIT EXTENSION
26.450.030 Criteria Applicable to all Temporary Uses
When considering a development application for a temporary use, 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 Finding:
This business has had and is expected to have the same visual and operating
characteristic as the uses that are already allowed in the building. The applicant
will have to continue to abide by Ordinances which affect the property in general
such as the sign code, noise ordinance, etc.
B. The compatibility of the proposed temporary use with the character,
density and use of structures and uses in the immediate vicinity.
Staff Finding:
The NC zone allows for and contains uses with a high amount of commercial
activity, deliveries, pedestrian traffic, and the general affects of commercial
activity. The use has been and will continue to be contained within the building
and not have any exterior impacts. Outdoor merchandising is not expected and is
not permitted. The property is on the edge of the Commercial Core and this use is
expected to be in similar character as the uses already permitted as of right in the
Commercial Core. The protection of appropriate uses in the limited area zoned
NC is a concern of staff so that this area will not be diluted by uses not intended
as neighborhood -serving.
C. The impacts of the proposed use on pedestrian and vehicular traffic
and traffic patterns, municipal services, noise levels, and
neighborhood character.
Staff Finding:
The temporary use will have little impact on the auto traffic patterns in the area.
There is a high amount of pedestrian traffic in this area but the temporary use will
not hinder that movement. The temporary use should not be allowed to display
items in the public rights -of -way. There is not expected to be any abnormal noise
•
events associated with this use. Noise levels are expected to be minimal and
diminished by the surrounding vegetation.
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 Finding:
The proposed temporary use would be for up to 180 days, from May 15 to
November 10, 2000. This is an extension of an existing temporary use, which
City Council approved for the period from November 15, 1999 to May 15, 2000.
E. The purposes and intent of the zone district in which the temporary
use is proposed.
Staff Finding:
The purpose of the NC zone district is "to allow small convenience retail
establishments as part of a neighborhood, that are designed and planned to be
compatible with the surrounding neighborhood, to reduce traffic generation, and
mitigate traffic circulation and parking problems, and to serve the daily or
frequent trade or service needs of the neighborhood."
Staff does not believe this use serves daily or frequent trade or service needs of
the neighborhood. Despite this believe, staff is recommending approval of the
extension with the condition that the applicant applies for a code amendment to
add this use to the NC zone district no later than June 9, 2000.
Staff also recommends that the use should be terminated within 30 days of final
action by the City Council, but in no case any longer than November 10, 2000.
The previous six months should have been used for processing the required code
amendment, and staff is concerned about the precedent this extension request
could set for uses that are not appropriately located.
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.
Staff Finding:
The uses allowed in the NC zoning are of similar characteristics and impact on
surrounding parcels as this temporary use. The amount of retail use, traffic,
pedestrian activity, and general effects upon the neighborhood by this use are
expected to be identical to those of other uses allowed in the NC zone.
•
•
This zone district, however, is intended to serve the daily needs of the surrounding
neighborhood in which the parcel exists. The character of the uses in the
immediate area serve these daily needs. This proposed use, however, does not
serve a daily need and there are no changes in the area that necessarily support
this use.
G. How the proposed temporary use will enhance or diminish the general
public health, safety, or welfare.
Staff Finding:
This use is not expected to enhance or diminish the public health, safety, or
general welfare.
•
RESOLUTION #85, SERIES OF 1999 - Temporary Use Permit - Kolor
Wheel
Chris Bendon, community development department, told Council they have
the ability to approve a temporary use permit for up to 6 months. This is
an application for 720 East Durant. The Kolor Wheel business is an
instructional ceramic finishing studio. The applicants would like to move
the business into another space. Bendon said temporary use permits
requires certain criteria be met, one is that the use is consistent with the
purpose of the zone district. Bendon said staff recommends the temporary
use permit be denied because this use is not consistent with the NC zone.
Bendon told Council this use is not defined in the city's land use code.
Bendon said in his original conversations with the applicants, he indicated
he had no issues with this use. Bendon said he was not representing the
entire community development staff. Staff feels about the SCI debate of
protecting zone districts and their uses from increasing retail and
commercial core uses, that the NC zone district was not intended to serve
this type of use but is to serve daily, trade uses.
Kathie Schulman, Kolor Wheel, told Council they have been located in the
NC zone since May. This is a place for children to get education, to have
a craft and a useful ceramic to take home. Kolor Wheel has been very
well received. This is a good location because people are doing errands all
around the area. Ms. Schulman told Council they looked all over the CC
zone and also tried to find someone to share space. Ms. Schulman told
Council they intend to pursue a long-term lease.
Melinda Goldrich told Council they have repeat business from schools and
camp groups. They also get referrals from lodges. Bendon told Council if
the applicants want to stay longer than six months, they will have to pursue
a code amendment. Ms. Schulman said the location is good because it is
on several bus routes and within walking distance of Rubey Park. Ms.
Goldrich said they would like a permanent location so that they do not have
to keep moving their equipment and alerting customers to their space.
Councilman McCabe said Council has just fought the SCI battle. This use
seems to be a perfect one for the SCI zone. Councilman McCabe said if
14
r " - Re ular Meetin As en City Council S temb er 13, 199!
the city keeps ruling by exception, there might as well be no rules. The
SCI zone was being eroded for uses it was not intended for; the original
purpose kept getting smaller and smaller. Julie Ann Woods, community
development director, told Council the CC, C-1 is intended for this type of
use. The NC zone is not intended for this use. Ms. Woods encouraged
the applicant to look for spaces in zones that would fit this use.
Councilman Hershey said he feels this is a very unique business that does
not fit in the land use code. Councilman Hershey said the business is an
asset to the community and he would support the temporary use permit.
Mayor Richards noted a temporary use permit is for six months only. P &
Z could turn down a code amendment. The applicants should be careful in
signing any long-term lease in case the code amendment is not approved
and the approval for the use lapses. Ms. Schulman said they opened this
business with a risk; they knew they were in a temporary space. The
owners intend to keep making this business a success and they will do
whatever they can to continue on in this vein.
Ms. Woods noted staff is not likely to support this use in the NC zone
through the process. Councilman McCabe said playing with the zone
districts is not in the community's best interest. Councilman Paulson said
he has problems distinguishing between this use and the video rental store.
Councilman Markalunas said he support this, at least on a temporary basis.
Councilman Markalunas said he feels this use is comparable to artists'
studio.
Councilman Hershey moved to adopt Resolution #85, Series of 1999, a
temporary use permit for Kolor Wheel with the direction to the applicant to
proceed forward with a code amendment, if that is their decision; seconded
by Councilman Paulson.
Mayor Richards said she supports this as a unique business. Mayor
Richards said she does not know whether she would support a permanent
code amendment.
All in favor, with the exception of Councilman McCabe. Motion carried.
15
IttemRegular Meeting Aspen CityCouncil Sber 13 1995
.t Councilman Hershey moved to suspend the rules and extend the meeting to
9:35 p.m.; seconded by Councilman McCabe. All in favor, motion
carried.
ORDINANCE #35, SERIES OF 1999 - Code Amendment - Planned Unit
Development
Chris Bendon, community development department, told Council planned
unit development is the largest review process in the land use code. PUD
encourages flexibility in design of development and is a negotiated process
with P & Z and with Council. This amendment widens the PUD section
and extends it to lodge preservation districts. This allows minor PUD and
allows LP property to go through a PUD to establish their zone
requirements. This will apply to the entire PUD section.
Mayor Richards opened the public hearing.
Jim Lester, representing the Christiana, told Council they support this code
amendment particularly the inclusion of lodge preservation in this. Mary
Roberts, housing office, also supports this code amendment, particularly
allowing increase in density to allow more units in small sites in the core of
the city. Bendon pointed out the current PUD regulations do not allow
density or FAR to be varied. This ordinance would allow these to be
varied; P & Z recommended FAR could be varied but density could not be
varied.
Tim Semrau said this would allow more flexibility with an AH/PUD
project. Bendon said communities with successful PUDs use density and
FAR in negotiating with developers. This allows Council to approve that
density but it does not require it. Staff's recommendation is different from
P & Z's in the density issue.
Mayor Richards noted this gives staff more ability to change a PUD after it
has been approved. This insubstantial amendment will go to P & Z.
There is an appeal procedure to Council. Mayor Richards asked if
surrounding property owners can appeal or just the developer. Julie Ann
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FELLA HENRY & PETZOLD JOHN A
NILES LAURENCE E
117 4TH ST
MANHATTAN BEACH, CA 90266
FLY MARIE N
7447 PEBBLE POINTE
WEST BLOOMFIELD, MI 48322
-RIEDMANN PHILIP & DEBORAH
325 N ASTOR
-HICAGO, IL 60610
CRAFT LESTER R JR CRAFT LESTER R JR
2605 SPRINGWOOD DR 2605 SPRINGWOOD DR
GREENBORO, NC 27403 GREENSBORO, NC 27403
DAY HARRY D & JERROLD K DE CONINGH EDWARD H JR
PO BOX O 80 PHEASANT RUN DR
MIDDLE HADDEN, CT 6456 CHAGRIN FALLS, OH 44022
DILL CHARLOTTE K 1/2 INT
DILL FRED 1/2 INT DILL FRED H
411 BROOKSIDE AVE 411 BROOKSIDE AVE
REDLANDS, CA 92373 REDLANDS, CA 92373
DIRKES PETER R DORSEY THOMAS F III
324 FOXWOOD LN 4524 S ALTON ST
MILL NECK, NY 11765 ENGLEWOOD, CO 80110
DURANT AND ORIGINAL
ASSOCIATES INC EDWARDS BROOKE
730 E DURANT ST 3520 PADDOCK RD
ASPEN, CO 81611 WESTON, FL 33331-3521
ENCLAVE UNIT 9 LTD ENSIGN BEVERLY C 1/2 INT
OATES HUGHES & KNEZEVICH PC DELAPLANE MURIEL C 1/2 INT
C/O 88 INDIAN SPRINGS DR
533 E HOPKINS 3RD FLR FORSYTHE, GA 31029
ASPEN, CO 81611
FEHR EDITH B REVOCABLE TRUST FELLA HENRY
294 ROUND HILL RD PETZOLD JOHN
GREENWICH, CT 6831 117 4TH ST
MANHATTAN BEACH, CA 90266
FERNANDEZ GIGI FERREIRA FRANK
822 BOYLSTON ST #203 FERREIRA ELAINE M
CHESTNUT HILL, MA 2167 116 WHEELER ST
REHOBOTH, MA 2769
FODOR BARBARA LOWE & PETER
BELA- FODOR PETER B MD
10245 CENTURY WOODS DR 10245 CENTURY WOODS DR
CENTURY CITY, CA 90067 CENTURY CITY, CA 90067
GABERMAN RICHARD M & PAVA
JEREMY TRUSTEE GARRISON LELAND M TRUSTEE
GRINSPOON HAROLD CHILDREN'S 4817 E 2ND ST
FAMILY TRUST LONG BEACH, CA 90803
380 UNION ST STE 300
WEST SPRINGFIELD, MA 1089
GILBERT ARTHORA
1556 ROYAL BLVD
GLENDALE, CA 91207
GODBOLD EDMUND O
524 COLONY DR
HARTSDALE, NY 10530
GORDON LETICIA
4101 QUAIL PARK DR
W DES MOINES, IA 50265
GREWAL JASJIT SINGH
ECHO RIDGE RANCH
I ECHO CANYON RD
PAGOSA SPRINGS, CO 81147
HANSEN CHRISTOPHER C
PO BOX 773
TUXEDO, NY 10987-0773
HEMP SUZANNE H & MARLY P JR
TRUSTEES
FOR THE SUZANNE HEMP LIVING
TRUST
15470 POMONA RD
BROOKFIELD, WI 53005
HOPELY INVESTMENTS
HOFER ROY E C/O
455 N CITYFRONT PLAZA DR STE
3600
CHICAGO, IL 60611
GLORY HOLE CONDOMINIUM ASSOC
ASPEN CLUB C/O GLUCK CAROLE E
730 E DURANT AVE 176 E 71ST ST
ASPEN, CO 81611 NEW YORK, NY 10021
GOODROE SHIRLEY A
518 WASHINGTON MALL REAR
CAPE MAY, NY 8204
GRABB WILLIAM C DR
GRABB COZETTE T
1961 BOULDER DR
ANN ARBOR, MI 48104
GUILBEAU ANTHONY
GUILBEAU NORMA C
205 CHERMIE LN
GOLDEN MEADOW, LA
GORDON LETICIA
4101 QUAIL PARK DR
W DES MOINES, [A 50266
GRAY JOHN D
GRAY ANN MILLIGAN - JT TENANTS
1416 N ASTOR ST
CHICAGO, IL 60610
H E REINERT HOLDINGS
CORPORATION
161 MAC LAREN ST
70357 OTTOWA ONTARIO CANADA, K2-)P
OK8
HAROLD GRINSPOON CHILDRENS
FAMILY
TRUST A MASSACHUSETTS TRUST
380 UNION ST
WEST SPRINGFIELD, MA 1089
HENDRICKS SIDNEY
6614 LAKEVILLE HWY
PETALUMA, CA 94954-9256
HOVDESVEN BAYARD Y
PO BOX 3810
ASPEN, CO 81612
HURWIN DUFFY & RON REVOCABLE
TRUST IACONO THOMAS
558 TONAYA DR 7280 E GREY FOX LN
I-IBURON, CA 94920 TUCSON, AZ 85750
HARPER ROBERT H
391 SHERDIAN RD
WINNETKA, IL 60093
HOFFMAN FRANCIS P
TRUSTEE OF HOFFMAN REV TRUST
231 INVERNESS LN
SCHEREVILLE, IN 46375
HUNKE CARLTON J
614 19TH AVE S
FARGO, ND 58103
IL REAL CO
C/O OLD KENT BANK
105 S YORK ST
ELMHURST, IL 60126
"ACOBS NORMAN JACOBY JON E M JEFFRIES JANET ODLE TRUSTEE OF
ACOBS JERI STEVENS INC C/O THE
.105 HYBERNIA DR 1 I 1 CENTER ST BOX 3507 JEFFRIES JANET ODLE TRUST
4IGHLAND PARK, IL 60035 LITTLE ROCK, AR 72203 500 HUNTINGTON DR
ANN ARBOR, MI 48104
OHNSON DON KANN RONALD
'/O GELFAND RENNERT & FELDMAN KANN MARIA BEATRIZ DE OLIVEIRA KANTOR GARY L
880 CENTURY PARK E STE 900 COSTA 2816 VISTA DEL SOL
OS ANGELES, CA 90067 AL MIN ROCHA AZEVEDO 961 CASA LAS VEGAS, NV 89120
SAO PAULO SP BRAZIL, 01410-003
KATELL LINDA J TRUSTEE OF THE
•
KATELL LINDA J LIVING TRUST KEENAN MICHAEL E
1120 VIA MIRABEL 1574 GULF RD APT 1501A
PALOS VERDES ESTATES, CA 90274- POINT ROBERTS, WA 98281
1622
KELSEY PRESTON & TERRY , KELSO JOAN H
2 MIDDLE RD C/O TAX ASSESSMENT ASSOC
CHERRY HILLS VILLAGE, CO 80110 1777 NE LOOP 410 STE 1250
SAN ANTONIO, TX 78217
KLEIMAN SCOTT G
3910 AUSTELL RD
AUSTELL, GA 30001
KRAJIAN RON
617 E COOPER AVE 4114
ASPEN, CO 81611
LEINER MICHAEL & ROSE ANN
901 E 233 ST
CARSON, CA 90745
LIVINGSTON DAVID R
1003 PARCHMENT DR SE
GRAND RAPIDS, MI 49546
MAVROVIC ERNA
530 E 72ND ST APT 15-C
NEW YORK, NY 10021
MCDONALD PATRICIA J DECL OF
TRUST
MCDONALD PATRICIA J TRUSTEE
5514 CALUMET AVE
LA JOLLA, CA 92037
MILLER MORTGAGE CO
C/O CALVIN CHAMBERLAIN
37000 WOODWARD AVE STE 101
BLOOMFIELD HILLS, MI 48304
KLIKA YVONNE S
32415 BURLWOOD DR
SOLON, OH 44139
LANDL KARL G
6 W RIDGE AVE
PROSPECT HEIGHTS, IL 60070
KELLY SIMON P TRUST 50%
KELLY NORA D TRUST 50%
0018 LUPINE DR
ASPEN, CO 81611
KIRCH WALTER
;PO BOX 1937
VAIL, CO 81657
KOVACH MARY SUSAN
7 ROCKY KNOLL
IRVINE, CA 92612
LEENEY JACK W
45590 RANCHO PALMERAS DR
INDIAN WELLS, CA 92210
LEVITT MADELYN M 50%
LEVITT JEANNE S TRUSTEE 49% & ET LIMING TERRY
AL 315 S GALENA ST
6001 MONTROSE RD STE 600 C/O ASPEN, CO 81611
NELLIS CORP
ROCKVILLE, MD 20852
LUCIANO MICHAEL S
450 S ORIGINAL STREET
APT 1
ASPEN, CO 81611-2073
MAX NATTERER INVESTMENTS LTD
2880 CARLING AVE STE 104
OTTAWA CANADA, K2B 721
MCLAUGLIN WILLIAM
MCLAUGLIN MARTHA
7701 LEGACY DR
PLANO, TX 75024-4002
MOEN DONNE P
MOEN ELIZABETH A
8 CABALLEROS RD
ROLLING HILLS, CA
LUPOW SCOTT & ANITA S
1907 COUNTRY CLUB DR
CHERRY HILLS, NJ 8003
MAXON BERT J QPR TRUST
1125 LAKE COOK RD APT 406
NORTHBROOK, IL 60062
MIKI
PO BOX 444
ASPEN, CO 81612
MOEN ELIZABETH A
MOEN DONNE P
8 CABALLEROS RD
90274 ROLLING HILLS, CA 90274
\IOSCOE THOMAS D & MARLENE N S N ASSOCIATES INC NAGEY DAVID A & ELAINE
14700 ROCKBOROUGH RD A NEW YORK CORPORATION TRAICOFF
�IINNETONKA, MN 55345 11051 W ADDISON ST 3 BEACH DR
FRANKLIN PARK, IL 60131 SHERWOOD FOREST, MD 21405-9999
NEUMAN MARK A & NANCY
i l THIRD ST
RYE, NY 10580
PARADISE TRADING PTY LTD
TRUSTEE OF THE
MANES FAMILY TRUST
PO BOX 7795 GOLD COAST MAIL
CENTER
BUNDALL QLO 4217 AUSTRALIA,
PASTEL LINDA
COMM HOLDINGS CORP - C/O
825 E COOPER ST
ASPEN, CO 81611
PHILLIPS STEPHANIE
985 FIFTH AVE
NEW YORK, NY 10021
POLICARO DON F
POLICARO JOANNA AS JOINT
TENANTS
PO BOX 11704
ASPEN, CO 81612
R & R INVESTMENTS
A CALIFORNIA PARTNERSHIP
15238 OAK VALLEY RD
RAMONA, CA 92065
REAL ESTATE BROKERS
DURANT MALL PARTNERSHIP
720 E DURANT ST
ASPEN, CO 81611
REITZ RALPH KERMIT & IVA JEAN
TRUSTEES
1925 CARMEL DR
:-AWRENCE, KS 66047
ZOSS JOHN F
LOSS GLADNEY C/O
J3 PORTLAND PL
;T LOUIS, MO 63108
NEWSOM JAMES T NORDAN JOSH
ONE KANSAS CITY PL 1200 MAIN ST 110 WEST C ST STE 1901
KANSAS CITY, MO 64105 SAN DIEGO, CA 92101
PARIMAR LIMITED A JERSEY ISLAND
CO PARTRIDGE JAMES J & JEAN C
ABACUS LONDON LIMITED C/O 140 COVINGTON DR
32 LANCASTER MEWS BLOOMINGDALE, IL 60108-3105
LONDON ENGLAND, W2
PEARSON FRED H
10 S LASALLE ST 12TH FL
CHICAGO, IL 60603-1099
PIZZUTI WILLIAM J
750 HANNA
BIRMINGHAM, MI 48009
POLLOCK PERRY
PO BOX 950
ASPEN, CO 81612
PETERSON CHRISTY
2233 S CAMINO REAL
PALM SPRINGS, CA 92264
POAG SARA 1Vf & MORGAN BEES
PRICE JANIE PACE ALL AS TENANTS
IN COMM
1801 CARLISLE RD
GREENSBORO, NC 27408-5715
3/4 INT PRICE JAMES L
PRICE JULIA P
32670 WOODSDALE LN
SOLON, OH 44139
RADER RONALD B
6790 BURTONWOOD
W BLOOMFIELD, MI
RAINBOW TRUST
PO BOX 2817
48322 5221 EL MIRLO
RANCHO SANTA FE, CA 92067
RED FLOWER PROPERTIES CO
A PARTNERSHIP
ONE HUNTINGTON QUAD STE 2S 15
MELVILLE, NY 11747
RIEDEL JOYCE L TRUST
PO BOX 3006
EDWARDS, CO 81632-3006
ROSS LUCIANNA G
33 PORTLAND PL
ST LOUIS, MO 63108
RED FLOWER PROPERTIES CO
A PARTNERSHIP
ONE HUNTINGTON QUAD STE 2S 15
MELVILLE, NY 11747
ROGENESS GRAHAM A
ROGENESS RUTH ANN
3046 COLONY DR
SAN ANTONIO. TX 78230
RUBENSTEIN ALAN B
RUBENSTEIN CAROL S
57 OLDFIELD DR
SHERBORN, MA 1770
A CO INC SANDIFER C WESTON JR
)AY WILLIAM A JR SALMON DAVID D JR
0226 FIELDCREST DR PO BOX 15514 SANDIFER DICKSIE LEE
ARLINGTON, VA 22215 2836 WOOD DUCK DR
)MAHA, NE 681 14 VIRGINIA BEACH, VA 23456
•
SASLOVE JOSHUA
REAL ESTATE BROKERS LTD
300 S HUNTER ST
ASPEN, CO 81611
SCHNURMAN ALAN J
SCHNURMAN JUDITH - JT TENANTS
63 WALL ST
NEW YORK, NY 10005-3062
SATKUNAS THOMAS P
0096 HOPI
CARBONDALE, CO 81623
SCHUBINER CRAIG E
PO BOX 7067
BLOOMFIELD HILLS, MI 48302
SEGUIN ARTHUR J TRUSTEE OF SEGUIN JEFF W AND MADALYN B
TRUST UNDER TRUST
SEGUIN MARY E TRUSTEE OF TRUST PO BOX 8852
4944 CASS ST #1002 ASPEN, CO 81612
SAN DIEGO, CA 92109-2041
SHERWIN GREGORY SHIFRIN GEORGE
2992 SHADOW CRK DR M302 PO BOX 12280
BOULDER, CO 80303 ASPEN, CO 81612
SKILKEN STEVE SODERLING RONALD E TRUSTEE
SKILKEN LYNNE C/O RESCO
383 S THIRD ST 1400 N BRISTOL ST STE 150
COLUMBUS, OH 43215 NEWPORT BEACH, CA 92660-2911
SPAR CONSOLIDATED MINING &
DEVELOPMENT
PO BOX 799
ASPEN, CO 81612
TAYLOR JOHN C
TAYLOR MARIANNE K
0157 SAM GRANGE CT
CARBONDALE, CO 81623-9774
V M W TRUST OF 1991
301 N LAKE AVE STE 310
PASADENA, CA 91101
VIEREGG R TODD
999 N LAKE SHORE DR
CHICAGO, IL 60611
TADVICK THOMAS GARY & CAROL
LEE
2354 N 7TH ST
GRAND JUNCTION, CO 81501
TERMINELLO DENNIS J
TERMINELLO KERRY L AS JOINT
TENANTS
67 ELMONT AVE
PORT CHESTER, NY 10573
VALERIO JAMES
VALERIO LANETTE
P O BOX 1376
ASPEN, CO 81612
WALDRON K BRENT AND
WALDRON CONSTANCE K
720 E HYMAN AVE
ASPEN, CO 81611
SAUNDERS ROBERT C
SAUNDERS SALLY B
7310 LANCET CT
OKLAHOMA CITY, OK 73120
SEAY GERALD R
C/O INTERWEST
710 E DURANT AVE
ASPEN, CO 81611
SHERWIN GREG 1/2 INT
ELKINS CHRISTINE 1/2 INT
2992 SHADOW CRK DR M302
BOULDER, CO 80303
SKEGBY HOLDINGS LTD
CAJ REALTY C/O
PO BOX 1168
ASPEN, CO 81612
SOLHEIM J MICHAEL
525 S ORIGINAL UNIT A
ASPEN, CO 81611
TARBY THOMAS N REV LIVING
TRUST
18417 PELLETT DR
FENTON, MI 48430
UNCAPHER BILL
PO BOX 2127
LA JOLLA, CA 92-038
VARADY LOTHAR M & CHERYL G
774 MAYS BLVD STE 10-432
INCLINE VILLAGE, NV 89451-9613
WALLEN MERT
36 OCEAN VISTA
NEWPORT BEACH, CA 92660
WALLEN WILLIAM L 1/10 INT
MARCHIONNE ANNE C TRUSTEE 5/10 WAMPLER FAMILY TRUST WARNKEN MARK G
INT 1501 LINCOLN LANE 1610 JOHNSON DR
4136 N KEDVALE UNIT C NEWPORT BEACH, CA 92660 STILLWATER, MN 55082
CHICAGO, IL 60641
WATERS JOSEPH D & LESLIE T WEHRLY JEAN ANCILLARY TRUSTEE WEIGAND N R
821 E COOPER AVE RACHLIS JULIE B TRUST WEIGAND M C
ASPEN, CO 81611-2015 OLD KENT BANK 105 S YORK ST 150 N MARKET
ELMHURST, IL 60126 WICHITA, KS 67202
WEIGAND N R JR & M C
9130 E LAKEPOINT
WICHITA, KS 67208
WEST BRIGITTA ULLA
1490 REDHILL RD
OAKLAND, OR 97462
WHITMAN WAYNE & FRAN UND 1/2
INT
PO BOX 457
CLEARWATER, FL 33757-0457
WILSON JOSEPH B UND 50% INT
MOY JANE W UND 50% INT
720 E DURANT AVE STE 104
ASPEN, CO 81611
WOLFORD PETER R
730 E DURANT AVE
ASPEN, CO 81611-2072
ZENSEN ROGER
ZENSEN MARIANN
411 BOREL AVE STE 600
SAN MATEO, CA 94402
WEIGAND NESTOR R JR
150 N MARKET
WICHITA, KS 67202
WHEELER KIPPERT R
3211 BONNYBROOK DR W
LAKELAND, FL 33803
WILMAC ASSOC
C/O MC QUOWN J A
98 MAIN ST #OI
BELVEDERE TIBURON, CA 94920-
2566
WINE RICHARD A
65 E INDIA ROW #29D
BOSTON, MA 2110
WRIGHT STEPHEN P
803 E DURANT AVE #2
ASPEN, CO 81611
WEISS KATHY D
1609 COUNTY RD 112
CARBONDALE, CO 81623
WHITE ROYAL O & JOANNE M
2000 SOUTH BAY SHORE DR #7
COCONUT GROVE, FL 33133
WILSHIRE COMPANY
15 ALTARINDA RD STE 110
ORJNDA, CA 94563
WOHLGEMUTH JANI JENNIFER
TRUSTEE OF WOHLGEMUTH TRUST
PO BOX 9836
GLENDALE, CA 91226-0836
YAMAGATA YUMIKO
1100 BROOKLAWN DR
LOS ANGELES, CA 900'17
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of It ee/-continued from page 4
door figurines for gardens and porches.
Holidays make for perfect times to visit the
Kolor Wheel as well — Goldrich says what seemed
like "a million Easter eggs" were decorated last
month. And hand-crafted gifts can be more per-
sonal birthday and house-warming presents than
any store-bought item.
The Kolor Wheel also is a great place to host
birthday parties, wedding and baby showers, and
private events. Group rates are available, and
include ceramics and paints.
The Kolor Wheel "Kamp" was a popular activity
last year, and will again be available this summer,
as will mosaic and glass painting classes for adults.
4
• LAND USE APPLICATION E �`H tg lam- Qs
PROJECT: • �'
APPLICANT:
Name: I�oLo� V� ►4�i� L DSP� i _.. v F�
Locauon:l� _--
(Indicate street address, lot & blc ,k number, legal description where appropriate)
Name:
Address:
Phone #:
REPRESENTATIVE:
Name: K & � Qlk)LA Ad -df 1..1 tibA UOL_ jZ iC f -t
Address: j- . S n rc4q R
Phone #: U.1 qj( q
YPE OF APPLICATION: (please check all that apply):
❑
Conditional Use
❑
Conceptual PUD
Conceptual Historic Devt.
Special Review
❑
Final PUD (& PUD Amendment)
Final Historic Development
Design Review Appeal
❑
Conceptual SPA
Minor Historic Devt.
GMQS Allotment
Final SPA (& SPA Amendment)
Historic Demolition
GMQS Exemption
Subdivision
Historic Designation
ESA - 8040 Greenline, Stream
Subdivision Exemption (includes
Small Lodge Conversion/
Margin, Hallam Lake Bluff,
condominiumization)
Expansion
Mountain View Plane
Lot Split
Temporary Use
Other:
Ej
Lot Line Adjustment
Text/Map Amendment
EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.)
PROPOSAL: (description of proposed buildings, uses, modifications, etc.)
Have you attached the following? , FEES DUE: S
Pre -Application Conference Summary CVO5
Attachment #1, Signed Fee Agreement
[] Response to Attachment 92, Dimensional Requirements Form
Response to Attachment #3, Minimum Submission Contents
Response to Attachment #4, Specific Submission Contents
Response to Attachment #5, Review Standards for Your Application
•
•
r' REVIEW STANDARDS: APPLICATION FOR TEMPORARY USE
SUBMISSION BY: KOLOR WHEEL OF ASPEN, LLC.
430 S. SPRING STREET
ASPEN, CO 81611 (970) 925-9169 (until September 30, 1999)
Request for City Council to consider the following criteria as it relates to the business and
operational needs of Kolor Wheel of Aspen for temporary use. We also would like to
include a petition for City Council to consider a code amendment to include Kolor Wheel
in the Neighborhood Commercial Zone.
BUSINESS DESCRIPTION:
Kolor Wheel is a "paint -your -own' ceramics studio. We offer contemporary bisqueware,
materials and supplies for the public to paint. Painted pieces are then glazed, fired and
ready to be used as functional or decorative ceramic items suitable for personal use of
giftware.
HISTORY OF BUSINESS:
Originally owned and operated in Basalt, CO for two years. Business terminated by sale
in April 1999 to current owners, Kathie Schulman and Melinda Goldrich. Kolor Wheel
of Aspen is currently open in temporary space as an accessory use to Alien Cycles Bike
Shop from May 1 through October 1, 1999 located at 430 S. Spring Street.
BUSINESS OPERATIONS (LOCATION, SIZE, DESIGN):
Kolor Wheel has been operating in approximately 325 square feet with seating capacity
of 20 maximum (indoors/outdoors) and an off -site firing & glazing studio of
approximately 350 square feet (not for public use).
Our ideal location would be to have a minimum of 600 sq. ft. with seating capacity of 25-
30 customers and 3 operating staff employees. This would allow us to move all of the
inventory and glazing and firing operations into one location. This will greatly improve
the efficiency of our operations process to expedite delivery of customer pieces and
reduce the multiple daily vehicle trips to and from each location.
We are currently open to the public at 12 Noon until 6 PM daily. Additionally, before and
after hours, Kolor Wheel hosts a variety of camp/school groups as well as special
occasion parties, including birthday (for children and adults), bridal and baby showers.
We would propose to continue this schedule with flexibility to extend hours.
Kolor Wheel will also be offering a variety of arts & crafts workshops to the public.
Certified Art Instructors will teach children and adults special techniques in ceramic
painting, mosaic tile construction and painting on glassware. Kolor Wheel has a very
affordable average ticket price of $15 for children and $25.00 for adults.
City Council Review -2-
Kolor Wheel of Aspen
IMPACT OF PROPOSED TEMPORARY USE:
We have received numerous compliments since our grand opening in May. Kolor Wheel
provides Aspen residents and visitors with an affordable indoor activity venue for
children and adults to use their imagination and create functional household items and
gifts.
Our success depends largely upon having a convenient location within walking distance
of the core area with RFTA bus stop access. Being located in a Neighborhood
Commercial" zone is of equal importance. If our customers can easily walk or take a
RFTA bus to our location, it greatly reduces the need for vehicular traffic. Our customer
base has been approximately 65% local and second homeowners and 35% visitors, who
have commented that they are delighted that Aspen has opened up a "paint -your -own"
ceramics studio. Our proposed location is adjacent to the building where we initially
opened, which has proven to be easily accessed by our clientele.
We have designed and decorated our studio to provide a warm, friendly and creative
environment. We take pride in our customer service efforts, particularly with the
children who come to paint at the Kolor Wheel.
Our intent to operate our business in the proposed location at 720 E. Durant Street is for a
minimum of 2 years. The compatability of our proposed temporary use would greatly
enhance the character of the neighborhood by providing both local residents and vistors
with a unique, fun and affordable indoor activity close to many of the service which are
utilized by them regularly.
Thank you for your consideration of our request.
Sincerely,
ie Schulman Melinda Goldrich
Co -Owner Co -Owner
Kolor Wheel of Aspen, LLC.
CS,
------------------ �L
I
v
Elaine Nagey, 11:24 PM 4/25/SP400, Re: Kolor Wheel • Page 1 of 2
Date: Tue, 25 Apr 2000 23:24:49 -0400
From: Elaine Nagey <enagey@clark.net>
Reply -To: enagey@clark.net
X-Mailer: Mozilla 4.7 (Macintosh; U; PPC)
X-Accept-Language: en
To: Nick Lelack <nickl@ci.aspen.co.us>
Subject: Re: Kolor Wheel
Nick -
Thank you for your quick response. Please keep me apprised of developments in
this case. Locally, I am active at the volunteer level with community
planning. I remember Aspen when there were A -frame shops cross from Aspen
Mountain.
Elaine Nagey
enagey@clark.net
Nick Lelack wrote:
> Ms. Nagey,
> I can answer a couple of your questions, but not all at this time.
> This is a temporary use permit, which is only for 6 months. City Counci
> approved the permit for the Kolor Wheel from mid November 1999 to mid May
> 2000. The owners are asking for a second temporary use permit from mid May
> 2000 to mid October 2000. The City does not allow the issuance of a third
> temporary use permit, so this is the final request.
> However, the owners of the Kolor Wheel may propose an amendment to the Land
> Use Code to allow this type of business to continue operating in your zone
> district, which is the Neighborhood -Commercial Zone District,
> permanently. Allowing this use in your zone district would open the door
> for similar business to operate in the Neighborhood -Commercial zone
> district. They are currently not allowed, which is why they have applied
> for and received a temporary use permit.
> I do not know at this time (I will later in the week) if they are operating
> in a residence or commercial space, or whether Ms. Goldrich is a local
> resident.
> Thanks for writing - I always appreciate hearing from interested
> neighbors. Please do not hesitate to contact me if you have additional
> questions.
> Thanks,
> At 07-04 AM 4/25/00 -0400, you wrote.-
* >Dear Nick-
* > Since this is the second year we have received a notice about Kolor
> >Wheel Temporary Use Permit - 720 E. Durant, I thought it was time to
> >find out more about this case.
> > Is this a summer only business or is this a contuation of the last
> >temporary permit?
> > Is this in a condo or residence or a traditional store front?
> > Is Ms. Goldrich intending to do this every six months?
> > Is Ms. Goldrich a local resident?
> > I don't have a problem with anyone trying to make a living in Aspen
> >-- I'm just curious.
Printed for Nick Lelack <nickl@ci.aspen.co.us> 4/26/00
Elaine Nagey, 11:24 PM 4/25*400, Re: Kolor Wheel Page 2 of 2
> >1 look forward to learning more. Thank you.
> >Elaine Nagey
> >#10 Le Clairvaux
> >3 Beach Drive
> >Sherwood Forest, MD 21405
> >enagey@clark.net
> Nick Lelack
> Planner, City of Aspen
> (970) 920-5095
Printed for Nick Lelack <nickl@ci.aspen.co.us> 4/26/00
R. C. Banks, 07:03 PM 4/24/*500, Permit 0 Page 1 of 1
From: "R. C. Banks" <buzzbanks@world net. att. net>
To: "Rachel E. Richards" <nickl@ci.aspen.co.us>
Subject: Permit
Date: Mon, 24 Apr 2000 19:03:46 -0500
X-Mailer: Microsoft Outlook Express 5.00.2615.200
Regarding Kolor Wheel Permit I as the owner of Apartment 8, LeClaireux Condominium at 800 east Durant am
against any kind of a commercial business in a residential area.
R. C. Banks
Printed for Nick Lelack <nickl@ci.aspen.co.us> 4/25/00
ASPEN/PITKLN
COMMUNITY DEVELOPMENT DEPARTMENT
Agreement for Payment of City of Aspen Development Application Fees
CITY OF ASPEN (hereinafter CITY) and '%/ \ C)
(hereinafter APPLICANT) AGREE AS FOLLOWS:
,vLUhe e i
LICANIT has sub trued to CITY an
(hereinafter, THE PROJECT).
for
;lZ iqrmC
v) L L-C,
?. APPLICANT understands and agrees that City of Aspen Ordinance No. 49 (Series of 1998)
establishes a fee structure for Land Use applications and the payment of ail processing fees is a condition precedent
to a determination of application completeness. _
3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it
is not possible at this time to ascertain the full extent of the costs involved in processing the application.
APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an
initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis.
APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he
will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the
CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty
of recovering its full costs to process APPLICANT'S application.
4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete
processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning
Commission and/or City Council to make legally required findings for project consideration, unless current billings
are paid in full prior to decision.
5. Therefore. APPLICANT agrees that in consideration of the CITY's waiver of its right to collect
full fees prior to a de�tnination of application completeness. APPLICANT shall pay an initial deposit in the
amount of S — which is for hours of Community Development staff time, and if actual
recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse
the CITY for the processing of the application mentioned above, including post approval review. Such periodic
payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such
accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all
costs associated with case processing have been paid.
CITY OF ASPEN
APPLICANT
G�
By: 0-,& By:
ie Ann Woods
ommunity Development Director Date:
Mailing Address:
�d-O e. 'bk-van�
Leo �r6�l
LAND USE APPLICATION
ion i�rT•
..... �..
Name:
Location: -%t E - Z;),
(Indicate street address, lot & block number, legal description where appropriate)
APPLICANT:
Name:
Address:
Phone #:
REPRESENTATIVE:
Name:
Address: Sit E
Phone #: liQ
YPE OF APPLICATION: (please check all that apply):
Conditional Use
❑
Conceptual PUD
❑
Conceptual Historic Devt.
Special Review
Final PUD (& PUD Amendment)
Final Historic Development
Design Review Appeal
Conceptual SPA
Minor Historic Devt.
GMQS Allotment
Final SPA (& SPA Amendment)
Historic Demolition
GMQS Exemption
❑
Subdivision
❑
Historic Designation
❑
ESA - 8040 Greenline, Stream
Subdivision Exemption (includes
❑
Small Lodge Conversion/
Margin, Hallam Lake Bluff,
condom iniumization)
Expansion
Mountain View Plane
Lot Split
Temporary Use
Ej
Other:
❑
Lot Line Adjustment
Text/Map Amendment
EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.)
PROPOSAL: (description of proposed buildings, uses, modifications, etc.)
Have you attached the following? FEES DUE: S (J
❑ Pre -Application Conference Summary
Attachment #l, Signed Fee Agreement
❑ Response to Attachment #2, Dimensional Requirements Form
❑ Response to Attachment #3, Minimum Submission Contents
Response to Attachment #4, Specific Submission Contents
Response to Attachment #5, Review Standards for Your Application
Pitkin Comity r info, ration
First Name Last Name or Corp.
Real Estate Brokers
Durant Mall Partnership
Mailinq Address Include in Mailing: Yes
720 E Durant St
Aspen CO 81611
Assessor's Office Value
Land: $100,000
Bldg(s): $300,000
Total* 3400 000
Legal Description
Subdivision:
)
Block: Lot:
[Thru: -Lot:
Remarks:
Complex: DURANT MALL - AMENDED
Unfit E-2 +'
Remarks:
Land Size: 0
Taxes: $3,626.04 Property Use Code: OFFICE 1 ST LEVEL MED
Note: Assessed Value is typically 10-30% Parcel (Mapping) #: 2737 18 2 42 49
below Market Value, however Physical Address: E-2
there are exceptional variances
with regard to VACANT LAND.
Sales History
Various Sq Ft
Office First Floor7921. .
Structural
ASPEN
Misc Amenities
Note: Physical
Address is incorrect
37% of the time, due to
incomplete county
information.
Bldg. Value
Original Yr Built
Sq Ft - Heated
Sq Ft - Total
$300,000
1975
792
792
Bedrms Baths
Rooms Stories
Building Model
Building Type
0 0
1 1
COMMERCIAL
DURANT MALL
Heat T p _ ;Fuel Type :Roof Cover; �ioof Stnure Art 't Sctu a Frerne
GOOD -BASE GOOD -BASE GOOD -BASE GOOD -BASE GOOD -BASE WDFRAME--B
# of Structures on Site (per County): 1
lu. Lu. 1777 IV.aty-1 I I II\WVVnI I IIILL rev• JLt
A91 FA035
Ilnrrocr
Raeepu,n ... •
r SPECIAL WARRANTY DEW
THIS DEED. Ntde hhta 3rd tw „I My ''' 89
baw%%,n Joseph B. ldilson, Jane U. My and Jcshua Saalove
G W�;
ur � to the
C, � (',wnry at Pitkin . St.ue i,l GdaittLa detoturlu. and
The Deal Estate 3mkers
Durant t-Yt11 Partner: -ip
-ha,c icpl tdtlha. i. 720 Fast Durant Street, AspBn, 00 81611
of the Cattnty or Pitkin
State err CaiWido. jrUNCO :
3 1 1 1 0 9
SILVIA DAVIS
PITKIN CITY RECORDEd�
i
KAy Ii 1 40 fLil r8
I,
I.
W rTWESSHTH. Thu the prisincl . far and in Cmaiderulul d tree rum of TE q and no/100 DoLtAR9 (y10..10)
AN,") 01?:ER =D AND VALILPZZ CONS=M1IT=N)%99` r.
thertcgrandwmeicney@(whidlnhelebyrknoWkd{ad.ha ve in^tcd.burl.uN.Add mlun•aycd.04byVW*$DRrenudu mN.
baron, Sell. cootti7 trod conam. uaw the lremee(d). its heva said aatgec forces. ell the our property. tu6ethn With itnpecricr lenll.
J trey, eiWaee, lying lid blml is the Coutuy of Pitkin . State of Colorado.
't aaeribed as fstllas:
Condominium Unite E-2 and E-4, THE DURANT MAT-1 (A CONDOHiNIUM) ,
according to the Condominium Map thereof recorded February 6, 1976
in Plat Book 4 at Page 565 as Reception No. 181398 and amendments
thereto recorded October 21, 1983 in Plat Book 15 at Page 48 as
Reception No. 254134 and recorded June 14, 1984 in Plat Book 16 at
Page 10 as Reception No. 260233, and as further defined and
described in the Condominium Declaration for The Durant Xa'll (A
Condominium) recorded February 6, 1976 in Book 308 at Page 518 as
Reception No. 181397.
Count of Pitkinr Stato of Colorado
.l' . I"q , 'r.^V
r
Ilia kadal loy eater and nu tEv or 720 East Durant St.-eet, ASPen, CO 81611
nMrrHLA %sN ail ud mpuWr dtt beredltattaetu lid oppuscnenuet, intreto bctttttginl. or in rtywue appcttaotinl. eed dw rrearmot astd
msnidru. Ithlunder and mirmindca t. renl,,. hums arid ptrfiv dteteop. one lit tee esute. dl tt, true. l.terest. clam and demosd rhsaay. of the
gradttr(el either in Ir or equity. 4 in end to the abtse inirgained VAI%iws. With Use IMRdhtltntlttl said Ipp rlelwtaa:
TO HAV 9 AND TO HOLD ills old premise eatsso btuptnad and dew il:d with the Prounehanea. tahhn Ibe lronttaft its lhtire hind
eosyn■ rarewn The smocrdsk for th® whiles . th i-r tteln lid persstral naretsnwlw m fueauo►.. der eaienahw and aglow" t
i theyshallendwill wARRANTAND EOREvERDEMO the @be,-bwpinsdptawtaeain'he quiet andltctteeaDNpotnenionstrobe I).
i t its hein ew.riyh.. ayium all end eery r—, or pnsttr claimind Ih a watt w my Out try, thrwyn or voider the dratted"),
IN wITNESS WHEREOF. the lfollwfM as we executed llto dad on the dehc act fstnh .note.
Ii
J JG7I.UVC
I
STATE OF COLDRA DO
t
ceerdy a Pitkin
The l6mg inp :tstrumtnt ••err sitnawletlped before me this
"jay
►y t7oseph I1. wilson, Jane W. May and
Joshua Saslove.
N IC//,/E;
wile" my limit sad ofGCtat .tat. �•
'�'� CS
• •
My utmmisctw expires d5
�rl\
t
sc C,
p�)0�. 1
-�'LmSlcrider.ihwH;St/y W.- .{
Idtt. Id. Asa 3iS. Ylf�lwl. YMRLa'fyY M;)Ga u,�t.wr ltd4.x,s•tWu ohAt,- t-a..w rn■1:14 twn:ttwo
ed I n The Aspen Times on August m
�' 48029)
i4 eclatati o
-
- ' Pl1BLIC NOTICE
sicE Ls HEREBY GIVEN TO THE GENERAL
B`
a UBUC: On August 11, 19", the Board of �
_
County Commissioners of Pftldn County, 5_
adopted Resolution f�K
IColorado,
. special review approval
`
dwelling unit on the
The subject Property is 5(�g ter•
.i, Iusd situated in the
9 South,
Township
Principal s}b/tom
hich is located adjacent to Aspen
.rgreens that ensure your privacy.
and is only minutes walk to the
v1�11 .•.
-6388 • Cell (970) 379-5501
3
CLEANERS
►JUN
CLEANERS
ail LJEJUM E MM
1 US Hwy 6 & 24
een in West Glenwood Plaza)
Service Dry Cleaning
(ding & alterations
t Service
h Service Available
Cher Cleaning
ING FORK VALLEY
...Return Wednesday
.......Return Friday
......Return Monday
SPRINGS
:)r delivery Wednesday
p,or. delivery Thursday
;kup or delivery Friday
ckuponly`onSaturday
;up or delivery Monday
Lip or delivery Tuesday
928-0800
Hours:
M-F•8am-5p.m
Free Pick -Up & Delivery
Arrangements
71 0o AUV"tt zis
��{1�9tJ,rtc�6CrtON 26.104.100.
w^ w" AND SECTION 26.510.
E tWjtoy Gp TNI that a public hearing
rsdd on Tuesday, September 13, 1999 at a
erg to begin at 5:00 p.m. before the Aspen
Council, city Council, City Hall. 130 S.
C.St., Aspen, to consider an application
M
submitted by City of Aspen Community
&velopment Department. regoesdng approval
for a Proposed Code Amendment to Section
26.104.100. Definitions, and Section 26.510.
Signs, revising the definition of'Sigrf The pro-
posed code amendment would change the defi-
nition of 'sign' to exclude window displays. For
further information, contact Sarah Oates at the
Aspen/ Pitkin Community Development
Department, 130 S. Galena St_ Aspen, CO (970)
920-5441 or by e-mail at sarahoOcLaspen.co.us.
s/Rachel E. Richards,
Mayor
Aspen City Council
Published in The Aspen Times on August 28,
1999.(48024)
PUBLIC NOTICE
NOTICE OF AVAILABILITY OF ANNUAL RETURN
Pursuant to Section 6104(b) of the Internal
Revenue code, notice is hereby given that the
annual return for the year ending June 30. 1999.
of the Ufa and Morton Heller Foundation, a pri-
vate foundation, is available for public Inspec-
tion by any interested citizen who requests it at
the Foundation's principal office located at
Reese Henry &Company, Inc. C/O Denise
Jurgens. 400 E. Main Street Aspen, Colorado
81611. Telephone (970) 925-3771. beginning on
the date of this publication and for 180 days
thereafter during normal business hours. The
principal manager of the Foundation is Morton
A. Heller.
Published in The Aspen Times August 28, 1999.
PUBLIC NOTICE
RE: KOLOR WHEEL TEMPORARY USE PERMIT -
720 East Durant Avenue.
NOTICE IS HEREBY GIVEN that a public hearing
will be held on Monday. September 13, 1999. at a
meeting to begin at 5:00 p.m. before the Aspen
City Council, City Council Chambers. City Hall,
130 S. Galena St., Aspen, to consider an applica-
tion submitted by Melinda Goldrich, Kolor
Wheel, Inc., requesting approval for a six month
temporary use permit to operate an instruction-
al ceramic finishing studio with retail sales at
720 East Durant Avenue. The property is within
the Neighborhood Commercial (NC) Zone
District. For further information, contact Chris
Bendon at the Aspen/Pitkin Community
Development Department, 130 S. Galena St.,
Aspen. CO (970) 920-5072,
ehrisb@ci. aspen. co.us.
s/Rachel E Richards,
Mayor
Aspen City Council
Published in The Aspen Times on August 28,
1999. (48027)
PUBLIC NOTICE
i
RE: CITY OF ASPEN LAND USE CODE TEXT
AMENDMENT: PLANNED UNIT DEVELOPMENT
(PUD) REVIEW.
-
NOTICE IS HEREBY GIVEN that a public hearing
will be held on Monday, September 13, 1999, at a
_
meeting to begin at 5:00 p.m. before the ,aspen
- City Council, City Council Chambers, City Hall,
_
130 So. Galena St., Aspen, to consider an appli-
cation submitted by the City of Aspen
- -
Community Development Department request-
ing adoption of revised Planned Unit
Development (PUD) Review regulations., The
proposed code amendment would affect Section
26.445 - Planned Unit Development (PUD) - of the
Municipal Code. The proposed code amend-
'. 1 '
ment includes a Minor PUD process for proper-
ties within the Lodge Preservation (LP) Overlay
Zone District. For farther information, contact
�..
Chris Bendon at the Aspen/ Pitkin Community
Development Department, 130 S. Galena St..
Aspen, CO, (970) 920-5072,
chrisb@ci.aspen.co.us.
s/Rachel E. Richards,
Mayor
Aspen City Council
Published in The Aspen Times on August 28.
1999.(48025)
+ n='-a-1-' used m this
- wr wspsd.e+pv �c and mat d
app— — N--w Stad.at %am.
p•bbcst— For the p irw rs of this Qd,.. cis,
a 6A0owc
A. •A- waahted Sound Pleat¢ fcvtL- The mood pe..me levtl, as
level meter using the A-waghmg octw It The eaodard nos tin r �(Al -iti;.
B. The sand pressure level of the allaseaat0aas a1ei;
associated with a given environment usually a composite of sounds boas asaary asstea
also the A -weighted sound pressure level eacceded 90 patent of the time based mu a
aemrernmt period which shall not be den than ten ( t 0) mimutm
C : An arcs, Honed as defirod in Title B of the Pitkm Cutmty Cods, melt
but not limited to Hess dmgmted B-1. 3-2, PUB, VC and n such devgmtiops may t
amended.
D. mpg: Any and all activity incidental to the etectioa d®otition,
--wing, altering instilling, or equipping of buildings, strmemov, toads or
appmrmawcea therein, including land clearing gtadm& excavating and filling
g : A floating dimmer, for the purpose of dus ordinance, is defines:
ate of ongoing owstructim activity. This designation will he in effect only for the du.
of said activity or for the dates of my applicable butkting permit at a designated site,
whichevv u shot=. This deignauon may occur in any of the note act met& sac define
Taste D of the Pitlnn County Code.
F. C_=ones Nouc Any sound wbich exists, esmtially without interruption, for a pc
tea (10) minute or more.
G. Cve idnv Varying "noise: Any sound which varies in sound level such that apprnx=,
the same level is obtained repetitively at reasonably uniform intervals of time.
ii Decibel: Logarithmic and dimensionless unit of tieanre often used in describing
of sound. Decibel is symbolized by the leme:s dB.
L Dg2m== Shall mean the Aspm/Pittin Environmental Health Department
1. Devi Any mechanism which is intended to pmdisce, or which —Ily produces,
when operated or handled.
IL Finaxmcv Vehicle: A motor vehicle subaized to have sound waning devices suc,.
firma and/or bells and/or air horns which may lawfully be used when responding to
. emergency or during a police activity.
L. Emawm v Wodt: work made oeceasry to rc oore property to a safe condition follow
unusual event. or work requited to potect person or property tiro exposure to dange
This includes, but is pot limited to mow. ice, mud, and debris removal from public ne
of-wsy.
M. leormds Maintenance Emuwmett That equipment necessary to maintain yards, parks
lots which include but is nor limited to lawn mowers, edgers, trimmers, tillers aid ch.
caws.
N. Impulsive Noise'A wise corsa mng excursion usually less than one (1) second mew
with the sound level meter set in the "fast' mete mode.
O. (tduv ial District .1n am zonal n defined to Title Q of tux Piddo commryCode w.:
subheading of 1.
P. Motor Vehicle: Any vehicle which is propelled by mechanical power, including, but
linmted to, passenger cars. tucks, ruck-aalets, campers, ttwtorcycles, mini bikes, me
semi -trailers, go-carts, snowmobiles and racing vehicles.
Q. Mufll An apparatus consisting of a series of chmtbets or baffle plates designed for
purpose of transmitting gazes while reducing sound erns ating from such apparatus.
IL Z41i4: A sound wfuch is measured as the sound pressure level in decibels (dB) which
unwanted or which causes or tends to cause an adverse psychological or physiologic3.
on human beings.
S. Nuis; The doing of or the railure to do something which allows or permits noise:
emitted from any sou mc(s) in excess of the standards of this ordinance.
T. Percentile So•d Pram' m Level .
1. Tenth percentile wise level - the "A" weighted sound pressure level that is ex.
ten (10) percent of the time in any measurement period (such as the level that
exceeded for one (1) minute in a ten (10) minute period) and is denoted L 10.
Z Ninetieth Percen ile Noise Level - the *A- weighted sound pressure level that
exceeded ninety (90) percent of the time in any measurement period (such as
level that is exceeded for trine (9) minutes in a ten (10) minute period) and is
denoted L 90.
U. Cam: Any human being, firm, association. organization. partnership• business, ts.
eapmation. cornpany, emtnctor, supplier. installer. uses, owner or operator, includi:
municipal cotpontimt. State or Federal Govcnnicut Agency. district. and any ofllcer
employee thereof. _ .
0
August 25, 1999
City of Aspen
Planning Department
IN S. Galena Street
Aspen, CO 81611
VIA HAND DELIVERY
RE: Durant Mall Suite E-2
To Whom It May Concern:
Please be advised that Kathy Shulman & Melinda Goldrich have our permission as the
owners of the property located at 720 E. Durant St., Durant Mall, Suite E-2, to act as the
representative in applying for the use variance for the space. Should you require any
further documentation or information, please do not hesitate to contact me at 925-8810.
incerely v irs
Joshua Saslove
Plf COUNTY TITLE 0
. ; CERTIFICATE OF 0 NZvTERSHIP
.. t. .�...-.
Pitkin County Title, Inc., a duly license.] Title Insurance Agent in the State of
Colorado hereby certifies that THE REAL ESTATE BROKERS DURANT MALL
PARTNERSHIP is the owner in fee simple of the following described property:
CONDOMINIUM UNITS E•2, THE DURANT MALL (A CONDOMINIUM),
according to the Condominium Map thereof recorded February 6, 1976 in Plat
Book 4 at Page 565 as Reception No. 181398 and amendments thereto recorded
October 21, 1983 in Plat Book 15 at Page 48 as Reception No. 254134 and
recorded J une 14, 1984 in Plat Book 16 at Page 10 as Reception No. 260233, and
as further defined and described in the Condominium Declaration for The Durant
Mall (A Condominium) recorded February 6, 1976 in Book 308 at Page 518 as
Reception. No. 181397.
COUNTY OF PITKIN, STATE OF COLORADO
.Subject to encumbrances, easements, restrictions and rights of way of record.
This certit:cate is not to be construed to be a guarantee of title and is furnished for
informational purposes only.
PITKIN COUNTY TITLE, INC.
BY: / Ai
authorizedi a re
CERTIFIED TO: August 10, 1999 @ 8:00 A.M.
PUBLIC NOTICE
RE: KOLOR WHEEL TEMPORARY USE PERMIT — 720 E. DURANT.
NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, May 8, 2000, at a
meeting to begin at 5:00 p.m. before the Aspen City Council, City Council Chambers, City Hall,
130 S. Galena St., Aspen, to consider an application submitted by Melinda Goldrich, Kolor Wheel,
Inc., requesting approval for a six month temporary use permit to operate an instructional ceramic
finishing studio with retail sales at 720 East Durant Avenue. The property is within the
Neighborhood Commercial (NC) Zone District. For further information, contact Nick Lelack at the
Aspen/Pitkin Community Development Department, 130 S. Galena St., Aspen, CO (970) 920-
5095, nickl@ci.aspen.co.us.
s/Rachel E. Richards, Mayor
Aspen City Council