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Home My WebLink Aboutcoa.lu.ud.bBower Ragan.65-80 ,-, ~, No. tS-f'O CASELOAD SUMMARY SHEET , City of Aspen 1. DATE SUBMITTED: II-t-io 2. APPLICANT: ~ ~ .j.. qz,f) - fR 3 &+ STAFF: ~ VvtJ..A-Cl..,. luvJ ,~~ "I'2-~--Uo4> 3. REPRESENTATIVE: - 4. PROJECT ""'t::;;:.o ':1Il:; . ~ ~ f4L. 5. LOCATION: __'cuJ?~ (!~ 6. TYPE OF APPLICATION: Rezoning P.U.D. Special Review Growth Management HPC Subdivision Exception Exemption 70:30 Residential Bonus Stream Margin ____8040 Greenline ____View Plane v'Conditional Use If) ..?- ~Other ~::- ~ 7. REFERRALS: ,/' Attorney ......... Engi neeri ng Dept. ____Housing ____Water ____City Electric Sanitation District ____School District Fire Marshal Rocky Mtn. Nat. Gas .......... Parks ~State Highway Dept. Holy Cross Electric ..........Other ~ Mountain Bell ' BUiLD (I'J~ P.f?P'T, . I ! I t I f 8. REVIEW REQUIREMENTS: p~ 2- . ,."..., A 9. DISPOSITION: p & z J Approveq Denied / Date \~\'1..-~'f50 c.o~"V\~ ,"^"OL O\.IlcV\^'-, O\r~l\.R ~e..."^,,^\,,,~v.'_ l=- \ ~'\ p.... ~o""'YV\.a.."-<-,..\. v\-t ;p~ ~ ~(l...c\l~ c,,~ \- (L",-~ P 1\ a..~ ...J 0 J...9- ~ ''^-LA "'-'\ \\ W W lot.. , ,,~ <,J. A-\v,> ~<., ~ *""'~ ~....\~"- "'-'-l~ oY ~~, - Council Approved Deni ed Date 10. ROUTING: / Attorney ~Uilding ~ngineering Other ,."..., ~. MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Sunny Vann, Planning Office RE: Brower/Ragan Audio Pac Rental Shop, Request for Use Determination DATE: December 1, 1980 This is a request pursuant to the use determination provision of Section 24-2.1(b) of the Municipal Code. As the attached letter indicates, the applicants wish to lease the trolley car, which is located in Rubey Park, for operation of an Audio Pac Rental Shop. The applicants propose to operate the rental shop from approximately 8:00 A.M. to 11:00 A.M. and from 2:30 P.M. to 5:00 P.M. They have indicated that the counters inside the trolley are adequate for their needs and no changes are foreseen to facilitate operation of their business. Given the limited hours of operation, no utilities would be required. The intention of the Park zone is as follows: "To insure that land intended for recreation.use is developed in such a manner to serve its intended use while not exerting a disruptive influence on adjacent pieces of land." Permitted uses for this zone include open use recreational facilities, parks, play fields, playgrounds, golf courses, riding stables, nurseries and botanical gardens. Conditional uses are limited to recreational buildings, sports shops, restaurant facilities and park mainte- nance buildings. Recommendation While an audio pac rental facility could loosely be construed as a "sports shop", the original intent of including a sports shop as a conditional use in the Park zone was to allow for a facility which primarily served the adjacent recreational area (e.g., a pro shop at the City golf course). Based on this interpretation, the Planning Office is of the opinion that the proposed use of the trolley car at Rubey Park is inconsistent with the original intent of the Park zone. In addition, the Planning and Zoning Commission recently turned down a similar request to operate a commercial venture in Rubey Park. Given the smallness of the park, and its extensive use as a transpor- tation hub, we concur with the Commission's position that a commercial use in this area is inappropriate. There is also Some question as to the applicability of Uniform Building Code requirements to the trolley and to its future ownership. The Planning Office is prepared to discuss these issues in greater detail at your Tuesday meeting. Should the Commission not concur with the Planning Office's position, the status of a sports shop as a conditional use will necessitate the applicants filing an appropriate application and a subsequent public hearing. \ . 1.\ " ',...., \t,'\ ~ ~ MEMORANDUM FROM: Sunny Vann, Planning Director Jay Hammond, Engineering Department ~ TO: DATE: December 1, 1980 RE: Brower/Ragan Request for Use Determination Having reviewed the above application for a use determination involving an "audio pak" rental operation in the Rubey Park Trolley Car, the Enginee~ing Department has the following comments: 1. As far as we are aware, the city now owns the trolley and has the sole right to determine its use. In any event, the city controls the property on which it sits and has in the past accommodated only non-profit organizations. 2. The trolley car as it sits would probably be suitable for the suggested shop, however, heat would be required and any commercial use of the trolley car should be subject to payment of a damage deposit and the user shall carry liability insurance holding the city harmless from potential suit. ;1 I I ; I I i I I I ..=-~..j-~~~~J;4~.~~(~. I I ------ ,- ----H--- ------,---- ~- -r- ,-, ------.---- ---- -'--.. ',. ~~ _~_ -----'-.~--II'--'-'-""-"---' " ,..,.- ." 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"'___"'_',,_,__ .'. ,,"" -_..~- -~'--""_., '~'-""~'~'_',-..".~.._,,",.._, -_._--"-----,'----_.-> ---~----.,----~ - ----------_.~. ---~.~-_._----.--..------..__. -'-'---" ---'~--~~----------~ --_._-~---._-------~ '~---_.----..._._---~~_._-'""'---'~._-- -."-~..~---,..;.--................,---"------'"'-'--.~._---c,"-'"~___.__,_c.,._'"""'____ II II I!/J&!fr?!4ii. .. ('~~ '" './1 ...~ #~,6~ p~, I I, 1 Ak~<{?T;"!-A1r I (4 ~..~ II f:~~~;64~d.~ II '.'~~.~. -~~t~~L" I~~ 4--.h~d.b~ I If},.Jcfj-..J.c<:G~.d....~ r ' , "1,1. Lc, I-d,.~,.. (i.'f2J)S~~,.,'...'~""." · F .;5~0-.k~_ Ij~....... ...~.~...~ "I"'~~(J:JC~~j"~ +1~.C.C.~{;''O<0~'c7 I ,6~~j",~",~",~" ....... .4k,:'&'.~,;,.~. !1,~~~c-~ I '~"'~d-< ,."..., ,-, "P' P~k.. -.., ,-, 130 s MEMORANDUM DATE: November 20, 1980 TO, Jolene Vrchota FROM, Bob Edmondson RE: Brower/Ragan Request for Use Determination A "sport shop" is a conditional use under "Conditional Uses" for the Park Zone District. An audio pak rental for skiers is arguably a sport shop. The determining factor would be "how has sport shop been defined historically in the City". BE,mc ,-' ,-, TO: The Planning and Zoning Commission SUBJECT: Request for Use Determination We would like to know if the trolley car, which sits on park zoned property in Rubey Park, could be rented as a sports shop considering the following proposal. We want to operate an Audio-pak rental shop, with skiers as our primary customers. We consider our business a sports shop because we are renting a recreational piece of equipment to skiers. The trolley car is convenient for our operation. We do not need any utilities to operate therefore no improvements to the building are needed. We anticipate being open from 8:00 am to 11:00 am and from 2:30 pm to 5:00 pm. The Audio- pac units would be taken from the premises each night to be charged for the next day. The counters inside are adequate for our needs and no cha:liges are foreseen to operate the business. If additional information is required we would be happy to supply it upon request. Sincerely, Robert Brower q2..S- (.3(.'-1 Robert Ragan "!Z3 - '2./DC. ,."..., ~ MEMORANDUM TO: Jim Holland, Parks Department Bob Edmondson, Acting City Attorney Duane FengeT, Transportation Dan McArthur, Engineerin9 FROM: Jolene Vrchota, Planning Office RE: Brower/Ragan Request for Use Determination DATE: November 6, 1980 The attached letter requests a determination of use in the Park zone district can the rental of Audio-paRs be construed to be a "sports shop", a conditional use in the Park zone district. This item is scheduled to come before the Aspen Planning and Zoning Commission on December 2, 1980; therefore, may I have your comments no 1 ater than November 20, 19801 Thanks. . ~ ~ r\ November 3, 1980 TO: The Planning and Zoning Commission To Whom It May Concern: I do hereby give permission to Bob Ragan and Bob Brower, also known as Audio-Sports, to operate an audio-pac rental shop in the trolley car located in Rubey Park. Respectfully, Michael C. Hernstadt /)#/~~ C ~~~r - ~._-~_.----,.- -- -"-~