HomeMy WebLinkAboutcoa.lu.ud.Higgins Laundry.4-81
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CASELOAD SUMMARY SHEET
City of Aspen
,
1. DATE SUBMITTED:
2. APPLICANT:_131J~ ~l~iYlS
3, REPRESENTATIVE: Gt~ ~ ~ [()1X)\
STAFF: _jC\Ct JOnf\S6Y\
qv5~g-IGG
4. PROJECT NAME:U~V~t~t~ -~~ CN~\~~s) IvI 1c{s. ~
5. LOCATION: M.ill ~ (Qn\l\QYf;cJ 1)ul\(h~
6. TYPE OF APPLICATION:
Rezoning
P.U.D.
Special Review
Growth Management
HPC
Subdivision
Exception
Exemption
70:30
Residential Bonus
~Stream Margin
8040 Green 1 i ne
_View Plane
Conditional Use
Other
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U '}t, 1kfCX\'ll\~oJ I ~
7. REFERRALS:
~ Attorney
_____Engineering Dept.
_Housing
Water
_____City Electric
Sanitation Di strict _School Distri ct
Fire Marshal _Rocky Mtn: Nat, Gas
Parks _____State Highway Dept.
Holy Cross Electric Other
Mountai n Bell
8. REVIEW REQUIREMENTS:-.1.t{.L OY\(~
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9. DISPOSITION:
p & Z
Approved
Deni ed /'
Date F7t-bV'(/~7 ~ Nib!
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Council Approved Denied Date
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10. ROUTING: I
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v~ Attorney Building Engineering Other
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ME~10R^NDUM
T,O: Aspen Planning and Zoning Commission
FROM: Jack Johnson, Planning Office
RE: Use Determination - Laundry in S/C/I Zone (Higgins)
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DATE: February 4, 1981
Location:
Zoning:
Background:
App li cant's
Request:
"Ye Old Hashhouse" is located in the Mill Street C0;:ulIercial
Ifu i 1 d i ng~~t~4~ }l.- ~mtl b ",t!e:~~-'"'>-'''--'~~~-~~''~~-'''-'~''
"".,_,..,."".".;"w,'.~>n'mf~~~.,o,:;~:;.1fN. ''''',*,,'"''*'1'C''''''~''"'''':''':'''fit'~'''~~'''.':;::'+;:'''F.:'"
S/CII - Servi ce/Commerci a 1 /Industri a 1
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"Ye Old Hashhouse" is currently functioning both as a coin
operated 1 aunderi ng facil ity for se If-servi ce cus tQ.mers and
a drop off laundering facility for return customers:' .QIL
March 7, 1978, a building permij;...\'L",s_,..l~$JJ"elLf,QX,...th.e.. r:m1'itt;(J1:-
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tlon~pf 9-1aundromat at this location. This permit wa~
issued inerror ~ecauseat that time the rlunicipal E?d!,. ~J19\:'teS;j
.fQr:... a "dryc;eaOl ng plant and 1 aundrv" not a ~2.auncfrQrnafo II
, In 19791"ecognizing the increasing pressure on the S/C/I zone
and the difficulty Building Officials were having in inter-
preting the Code, lhe word "Industrial~ \:{as added to th~
~r~~a ~cle.aniJ:l.o, l:.Lag:fand I ~Ilnrlrv" and t.hf' lntpnt nf thf'
one istrl,d", wa"s ,.a, ,me, n"de.,;"",f~.rther to cla,rifythe,~
1 imi~9,~tF,~~\'i~t!r_~_iene;are''1i\9~~~-
~ln a,,~~commerclar:"-1TfdlT~a'f'fY- ased ~
d1strict.
(The Municipal Code does not offer a definition of the terms
laundry or laundromat but does make distinction between these
uses in several commercial zones to the effect that"a laundro-
mat is more reta i,l or self-servi ce ori ented and a laundry is
more i ndustri a 1 or product-serv i ce od ented. )
At this time, the Build~~n9 Dep.~!JrrL~D~.the ~os~tion. .
iML~ ~~';Qr \'<L~'9d\i',.,19~~""l.~.sMarJ.~>~g"f~~~_\l.~j,lfiJl).9."~~!!1-H '
eD.~".t.!;r:~.,,,g.~~1".J~ g_.:t~\'wJiw,l:l.Q-.Q~.a;t;.~QJk2)~,(;,9~l9.@,\'~g,..g&;,Je.gi!}
l},.on-con,f9Y11l1Qs/ Y~li'l T~,\ldJ,;X...i~.Ultx:j~@l'mitted to continu_e
~~~~ns.;on is prohibited. ,
Pursuant to Section 24-2,1(b) of the Municipal Code, the
applicant is requesting the Planning and Zoning Commission
f or a 9~~e rminiit1oa:::as-:tQ...,\1l1g~$.~,s;,1j.!:p.t.:~~,j,~~-
mittf'd in toP S/C~I ~OPe di'Tr~t. This determination must
be made on an analysis of the intention of the district and
the compatibility of the proposed use with specified permitted
and conditional uses,
Th~ abil ij;y.. to pXD.ang tbel~,l/J\?~om~J operati on is the under-
ly vli nn,a ,r:cnnr:f'rn nf the> apn 1 i cant ,,,...~..,,,,..,,.,,..........~....,,,,,,,,.,,~,*"..,-"..
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Planning Attached is a copy of an ordinance amendment (current law)
Consi derati ons: setting forth the intention, permitted uses and conditi onal
uses of the S/C/I district. Clearly, tl.1e iT]j;pnt..:;Qi.,~
zone district, the offectiveness of vlhich 1S cont':nuOlisiy
be i ng Chil 11 en g ed, is.....tQ~,Ql9.~il,f.(LJ~g~.~.Q!J.<Lt;?l);'~cJ"Qs.~.iD
& t tl.i.!1._!1'lc;:..C.QJlJ.f]JMJ;.i,~,'t.".i:!b,j,sll g ro~, ide,s ,1slr,",Li&1.i;t~sj".m~!lr,gt:'c i a 1
2~rt~~~~'~ ~~~i~,~~,'f~~f~..5r? ,g.9tJ:;.~,P i ;S;.,.9r.Jl,rP.~ ril~e 1 9 h
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i ivithin thf~ S/C/! (J-istrict arc a series of permitted uses
~/c.tr. i~ l;~'J.d wll'ich ill'e intended, by niltUy'e, to servc il 'limited,
;1 i', ' U sped a 1'i zed s",ctor of the 1 Dcal popul at i on, ' Th(~s", '"ypes 0 r
\, ,-d;.. IWlV\G>>v-' rJ-Q al"C not r:nmi11unity-at.,large, traff'ic gconerating uses; Le,
~1vQ.":vvC~ r(?.Ql~'1 electl'icil'l and plumbing servicc shope, builder's supply,
r~ w~I~U~.y , ,
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MEMO: Use Oetcnnination - Laundry ill S/C!l Zone (lIiggins)
Page Two
February 4, 1981
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fabrication and repair of building materials and components
(these examples can be identified with a specialized sector
of the local population -- building trade -- \vhich do not
require or generate high customer volume traffic).
As previously mentioned, within several of the conmlercial
districts, distinction is made between laundry and laundro-
mat as a pennitted or conditional use" Within the CC
district aJg,un9rnnl2t i~ p~.r.!!JLtted. (Nopar'tr'fi\"'g reqUlre-
"f!1en, ts w:t~ln c-C zone. L W,1~~~,Cl'1, NC~~, ~%e',.,a,~" l,~a~und .~!
~ c,QIJ,<;!,1Jij.W1J!l an~ dry c1eamng..&1l9... ~un" ryan~rrr'ICR:;up ,
"stAb ons are penn1 t~llses. (Aparkl ng "I.1!~tfly'elllent of
4/1000 square"""feeCo space") The .siGll district makes
no mention of a lalmrlrnmet, however, does Pllrmit an indus-
trial dry cledning plant and l:fndry. (Parking requirement
of 3/1000 square feet of space.
IWith the distinctions between laundry and laundromat within
, the con~ercial zone districts of the Municipal Code and the
i different parking requirements for the NC zone vs. the S/C/I
tzone, it becomes apparent that the intention of the S/C/I
district, as per Ordinance No. 55-1979, is reinforced in its
attempt to discourage at-large "retailing" vlhich tends to
generate higher traffic volumes.
The ~ is clear in its distinction between laundry and
laundromat and does not ~ermit or conditionally permit a
laundromat wi thin the .~LCcrzol!.t. distri ct. "~e_..QLQ
Washhouse", without the benefit of clear cut definitions
10 the Code, more aptly fits the reasonable description
of a commerdar:1ai1nn;;;~,,-r:lt1'a'n"an:"'"ll'Oi1's:'f''1''rtaltdr and
.",...-.':cf:.,;'''.,..,.:'".....,!,''',>,.:c\".,.".,;.:., .:"',"^..,.'.,~,..i',,,,....__", ,.",;;h ..- ./;.or@ "; ,<",,,:_,:\'i'.,,,:,,,,,;.;,,:\,.~,,";:,:";;,..-~.;,i1',""''':,:..::"",t,.:.,.f,,"~9.,,,,_;,,,,:,,',:"~'''r..::>;;~.,,.1;'..:X''!S.W';'~'' ,
therefore, should b~ consldered a nQJ1..;:;s;.onfQrnnng,use w,lthin
..the lliLL.sl..iati.ct. To alter the s/C;r district with the
introduction of a commercial laundromat as a permitted use
would have a negative effect on the intent of this zone
district and would have a potential consequence of further
erosion of the district by similar uses requesting amendment
to the S/C/! zone.
Recommendations: The Planning Office recommends that the use determination of
"Ye 014 ~!a,~llJ)g,\!$.e" be-'Con'S'id~red a laundromat and thereby a
non-conformi use in the S/C/I d'isthct. turther, that
un romats are not appropriate permitted uses in the S/C/I
zone arstrict in-1Ife'''e\ten'Ctneapplicant proposes Code -
Amendment to accomplish such a purpose,
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MEMORANDUM
DATE: February 3, 1981
TO: Jack Johnson
FROM: Bob Edmondson
RE: Use Determination - Coin-operated Laundry in
the S/C/I Zone District
Determination is made on an analys is of the intention of
the district and the compatibility of the proposed use
with specified permitted and conditional uses.
Things to consider:
1. S/C/I permitted - dry cleaning and laundry
2. Laundromat is listed in CC.
The definition of a laundromat is "a trademark for a
commercial establishment equipped with washing machines
and dryers - coin-operated and self-service".
The definition of a laundry is "a place where laundry is
done" .
The issues are expansion and
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Check legislative history to see if there is any
evidence of intent. The uses are in different zones.
Can we imply that it was discussed and determined _
laundry = laundromat?
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MEMORANDUM
TO: Paul Taddune, City Attorney
FROM: Jack Johnson, Pl anning Offi ce
REI Use Determination - Coin~Opera~ed Laundry in the S/C/I Zone District
DATE: January 13, 1981
The attached letter requests a use determination from the Planning and
Zoning Commission ~~ whether a coin operated laundry can be construed as
a laundry, a permitted use in the S/C/I zone district. Please return
your comments to me by February 3, 1981, as this item is scheduled for
consideration on February 17, 1981. Thank you.
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LAW OFFICES
GIDEON I. KAUFMAN
BOX 10001
61 1 WEST MAIN STREET
ASPEN, COLORADO 81611
GIDEON l. KAUFMAN
DAVID G. EISENSTEIN
January 12, 1981
TELEPHONE
AREA CODe 303
925-8166
Sunny Vann
pitkin County Planning Department
130 South Galena Street
Aspen, Colorado 81611
Re: Use Determination for Laundry/Butch Higgins -
"Ye Old Washhouse"
Dear Sunny,
Please consider this letter a request for a use
determination pursuant to ~24-2.l(b). My client's establishment
is situate in the SCI zone. The establishment received a
building permit in that zone a number of years ago for a
laundry-laundromat facility. His establishment is located
in the Mill Street Commerical Building. I have talked with
Wendy Morris, the developer of that building and Wendy has
assured me that at the time the building permits were secured
for the different establishments in the Mill Street Commercial
Building, it was the understanding of both the developer and
the building department that the permit was being received
for a laundry-laundromat type of facility. A permit was
then issued for that specific use and the establishment has
been run since 1977 as a laundry-laundromat facility.
Since the Code does not define "laundry" or "laundromat,"
I have looked through the dictionary to seek definitions of
these words. "Laundry" is defined as "a commercial establishment
where laundering is done ," my client clearly meets the
definition of a "laundry". A "laundromat" is defined as "a
commercial establishment where customers bring laundry to be
washed and dried in coin operated machines." The only
distinction between the two appears to be the coin operated
machine aspect. My client's operation has always utilized
coin operated machines and the option is available, to the
customers, either to do their laundry themselves or have an
employee do the laundry for them. Mr. Higgins' use, therefore,
seems to fall within the dictionary definition of "laundry."
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Sunny Vann
January 12, 1981
Page Two
A problem has arisen because the zoning enforcement
officer's interpretation of what constitutes a "laundry"
differs from the continued use made of the property by Mr.
Higgins. The issue is not whether my client can continue
the use for which he was granted a building permit, but
whether he can expand the use, which expansion is necessary
due to tremendous community demand.
Since use determination looks both to the intention
of the district and compatibility of the uses with other
allowed uses, it is important to point out that his laundry-
laundromat facility is located in the Clark's Market-Post
Office area and fulfills a real need of the community. Many
people who use his laundry-laundromat facility live nearby
in Hunter Longhouse, Lone Pine, Silverking and the community
center. Because the shopping center has become a full
service area meeting the total needs of the local consumer,
the laundry-laundromat enables people to shop, pick up their
mail and to do their laundry without the necessity for
taking another car trip, up the hill, into town. In addition,
I think it important to note that since the time the Permitted
Use section of the SCI zone was adopted in 1975, changes
have taken place that increase the need for laundry-
laundromat facilities in the SCI zone.
In my opinion, my client's operation clearly meets
the definition of "laundry" and therefore is a permitted
use. Since my opinion is not shared by Bill Dreuding, I
think it might be instructive to look to the Code where it
is stated that the intention of the SCI zone is "to allow
use of land for limited commercial purposes." A laundry-
laundromat is clearly a limited commercial purpose. A
laundry-laundromat is certainly compatible with the permitted
uses in the zone such as dry cleaning plant, a repair shop,
a building materials plant, a lumber yard, repair of sporting
goods, printing and publishing, warehousing and shop craft
industry. A laundry-laundromat is also compatible with the
conditional uses of the SCI zone such as dance studios and
martial arts studios,
I belive sufficient justification has been presented
for interpreting my client's use to fall within the intent
of "laundry." In the event you do not share this opinion,
I believe an amendment should be adopted to allow for a
,....
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Sunny Vann
January 12, 1981
Page Three
laundry-laundromat in the seI zone because of the community
need for such a facility in that location. We will be
presenting to you a petition signed by many of the people
who share our view that a laundry-laundromat facility is an
appropriate use in that area.
If you have any additional questions, please feel
free to contact me; otherwise, I will be looking forward to
this item being placed on the next P & Z agenda.
Very truly yours,
Gideon Kaufman
GK kw
cc: Butch Higgins
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CITY (J
A~SPEN
130southgalcoa street
aspen, C 0 I 0 fa d 0./81611
October 24, 1979
Clayton Meyring
Building Inspector
City Hall
Aspen, Colorado 81611
Re: Ye Olde Wash House
Dear Clayton:
'If. you remember our previous conversations regarding the above
business, you are aware of my opinion that the coin-operated
laundry is not a permitted use in the S/C/I district in which it
is located. My opinion stems from the fact that the code allows
as a permitted use in the S/C/I district the industrial use desig-
nated as a "dry cleaning plant and laundry". However, a condi-
tional use in the neighborhood commercia'l district is a "laundro-
mat". Webster's Seventh New Collegiate Dictionary de'fines a laun-
dryas "a commercial laundry and establishment" and a laundromat
as "a self-service laundry using electric washing machines".
Clearly, the definition of the te,rrns used by our code as well as
the designation in the S/C/I district that, the laundry vias con-
sidered to be an industrial use indicates that the code intended
for coin-operated laundries to be located within the N/C district.
Ye 01de Wash House is located iI;lan S/C/I district.
The major obstacle to removing Ye Olde Wash House from an improper
district is the fact that they designated their operation as a
coin-operated laundry when they requested the building permit for
the construction of their' facilities. By error, mistake, or inad-
vertence the, building permit was approved and they were allowed to
proceed with construction. - The law of Colorado will not prevent
the City of Aspen'from enforcing its zoning ordinance because of
this approval. However, I am of the opinion that the property
owner would have a valid claim of action against the City for, the
damages caused by the relocation of the business to another zone
district. As a result, I have been hesitant to bring any form of
legal action which would result in their being required to relo-
cate.
I have had numerous meetings with the owners of this establishment
in order to resolve this matter without legal action. From a con-
ceptual point of view, other businesses exist within the district .
which do provide minor retail sales to the pub1~c. From a philo-
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Clayton Meyring
October 24, 1979
Page 2
sophical point of view, we have been concerned with the daily
traffic generation of the businesses located in the S/C/I ,zone.
If a business was operated in such a manner as to minimize daily
traffic generation, we have considered that business appropriate
for the zone. As an example, Henry's TV does have retail sales to
the public, but the greatest,pprtipn of its business is conunercial
sales or the repair pf faulty or damaged merchandise. I have
reconunended to the owners of Ye OldeWash House that they modify
their business so as to assure the City that more than half of its
business is generated by doing commercial laundry. They have
agreed .. to _,doth is,. but to Cl~compl !sh th is goal they need to expand
the space and to obtain a building permit in order to modify and
reconstruct the entire premises. I believe that this is appro-
'-priateand I amrecommending-..that-such"a building permit be
issued. I will direct a copy of this letter to the City Manager
and requestof.fiim-lTisc,approval,..ofthis -settlement. ,..The City
Council, has given to the City Manager the authority to make a
,.__,_.set,t1ement of, this type. However, it is likely that the City
Manager may 'ask for guidance from the City Council. Once either
the City Manager or the City Couricil has given its approval to
this proposal, you would be free to issue such a building permit.
ver:. t:;'t\ '
Ron ld W. st~
City Attorney
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CITYC\1EASPEN
130 south galena street
aspen, colorad~'81611
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MEMORANDUM
. TO: Aspen City Council
FROM:
/50 ~ Un
Clayton Meyring, Building Department
RE: ~ses presently in operation in the Mill Street Venture Building
DATE: January 5, 1979
The-following uses are in -existence in the Mill 'Street Venture
Building at 465 North Mill Street showing how they were ,permitted and
'--business license that, were . issued .
Unit 1/1 - Martin Enterprise - Business license listed, as service
auto repair specifically permitted as auto repair S/C/Idistrict,
Unit #2 - No Name Auto Repair - Finance could not find business
license - specifically permitted as auto repair SIC/I, district
Unit #3 ~ Fox Bronco Auto Repair - Finance could not find business
license - speclfically permitted as auto repair S/C/I district
Unit 1/4)
Unit #5) not occupied
Uni t 1/6)
Unit fI7 & 1/8 - Aspen Times _-Business license listed as newspaper _
specHicallypermitted 'as printing and, publishing plant.
Unit #9 & #10 - Aspen Printing - no staff approval - business license
listed as commercial printing, cards, stationery, posters _
specifically permitted as, printing and publishing plant.
Unit #11 - Tipsy T's (permitted) - business license listed bar supply
wholesale - notspecHically permitted but similar to intent of SlC/I
Unit #12 - Le Cusinier Caterers - business license listed as wholesale
desserts and private catering - specifically permitted as commercial
bakery,
Unit #13 - Specialty Glass ~ business license li~ted as commercial
glazing - specifically permitted as builders supply.
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Memo to City Council
January 5, 1979
Page 2
.
Unit /114 & 1115 - QuaHty Auto Supply Inc. ~ business license listed
as auto supply - retail and primarily wholesale outlet.
~ot specifically permitted - zoning ordinance does not specifically
permit this use in any district.
(.;1. ': :" ~ " '..
Unit /116 - Ye Olde
and dry cleaning.
permitted in S/C/I
Washhouse Ii'-
If business is
zone ""
busines s license listed as laundry
operated as laundromat then not
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Unit 1117 -' Brown Wolf Studios - business license listed as advertising,
~aphics wholesale - specifically permitted as printing and publishing
plant.
Unit /118 - Reritage Painting & Decorating - business license'listed
as retail paint store. Also, as. cO[ltractor and retail sales. Paint
and wallpaper store permitted in CC & C-l. Specifically permitted
as building supply,
Unit /119 - Pegasus Saddlery & Gun Shop - business license listed as
retail and service. May be permitted as'shop-craft industry whatever
that is? Permitted as manufacturing arid repair of ,sporting goods.
,Unit /l2Q - Henry Electronic Center - business license listed as
electronic sa1es and service. Not specifically permitted unless can
be construed to be an electrical service shop.
The following units have building"permits and the, impression that
was created at the time the building permit was issued.
Unit /112 - Le Cusnier Caterers - permit issued October 13, 1978,
as a commercial bakery.
Unit 1116 - Ye Olde Washhouse II - permit issued March 7, 1978,
uith the impression that this was, a laundry operation not realizing
that it would be coin-operated laundromat.
Unit 1117 - Brown Wolf Studio - permit issued December 20, 1977, as
a graphic design studio.
Unit 1119
with the
shop.
t"'.' ..,.
- pagasus Saddlery &
impression that this
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June 6, 1978,
and gun repair
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Gun Shop'- permit issued
was to be a saddle, tack
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Unit II 20 - Henry's Electro,nics -- no specific pe;l'mit was issued for
this outlet but was constructed with the initial permit for the Mill
Street Venture Building December 21, 1976. There was discussion about
the use of this business in the S/C/I district. ,Planning Office
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Memo to City Council
January 5, 1979
Page 3
was of the op~n~on March 15, 1977,that this is an allowed use by
right since it is reasonable to allow a minor amount of relat~d
retail use and gave, a written opinion to that fact.
.
No other building permits have been issued for other units in the
building since building permits are not required when no changes to the
structure of the building, or electrical or plumbing meaning moving in
portable equipment or installing shelves.
The above relates how the history of the uses in the Mill Street
Venture Building came into being. Some of the uses are very clear in
what is permitted and they exist today as was approved. Other uses
are not that clear ;in giving initial approval and have changed in charac.ter
to the point that the use as it exists today would not have been approved.
The charaC,ter has changed to more retail oriented than wholesale as is the
intent of the s/c/r district. Because of that fact, it is my opinion that
.--some..ofthe uses 'are-JIDenfor-ceable.
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,-tlEMORArlDur,\
TO: Aspen City Council
FROf4: Richard Grice and Karen Smith, Planning Office
RE: Definition of.Commercial Bakery
DATE: January 4, 197B
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The presence of the high volume and high traffic Trueman Center adjacent to the
S/C/I zone has resulted in a dramatic increase in the pressure for "up-grading"
in the SIC/! Zone district. Requests abound for quasi service/commercial uses
because it is apparent that the lower Mill Street area will soon emerge as a
high traffic area and therefore an attractive one for retail operation. The
S/C/I zope was created as a ,haven for those uses which do not require high
traffic for survival. The low rents which have historically been charged in
the t1illStreet Ventul'e building ($7 .50 per square foot) are a function of the
same low traffic. Annual rental rents per square foot in the Commercial .Core
are commonly in the $18 to $20 range. The pressure which isbefng imposed upon
the SIC/! zone is a very natural trend in the free market, knowl1 as the pressure
to up-grade toward the "highest and best use". In a town such as Aspen wi th
a growth rate of 1.5% surrounded by a County zoned agriculture-forestry with
l.arge lot zoning, it is absolutely imperative that vie maintain our zoning
code and its zone district boundaries. If we do not maintain our zone boundaries
With a clear set of standards, <we can expect the less competitive service/
commercial/industrial uses which are the backbone of the community to be pushed
outof town by spiraling rents. This trend towards "highest and best use"
needs to be recognized as a growth pressure.
The Growth Management Plan has as one of its ,goals, balance between new
businesses, population, housing, community facilities, and skiing. If, in
the administrative process, 11ewere to el iminate any major segment of our
.economy, then our balanced pOlYulation would not have.its balanced demands
satisfied. In the Growth Management Policy Plan on page 46, .the City recognized
that allowing unlimited commercial activity was inconsistent with the goal
to preserve the 3.47% County-wide growth rate. Therefore, the goal of limiting'
commercial expansion to 24,384 square feet was limited to two districts (CC and
. C-l). If this code amendment is approved, it will represent an expansion of
comnerc1 a 1 space ,not controlled by the GMP and another step in the trend toward
the elimination of Service/Commercial/Industrial uses.
In a community without growth control s the up-gradi ng trend toward "hi ghes t and
best use" results in the constant expansion of those cities in circles outward,
In an attempt to get al1ay from hi gh traffi c areas the servi ce/ commerci all indus tri a 1
type uses move to the fringe of the city. That is not an opti on these uses
have in Aspen. If the area in 11hich they are located up-grades, their only
choice is to cease to exist. In order to avoid a backlash which would be
devastating to growth management and to those quality of life-style goals which
were identified by this community years ago, we need to be extremely careful
to make our zoning work. A population with unsatisfied demands is an extreme
growth pressure.
The definition of Commercial Bakery as it exists in .the Aspen MunicilYal Code
today, makes a careful distinction of the perameters of commerc1al bakeries.
Thedi s tincti on of course prohi bits retail dislYens i ng of baked goods. It I'tas
initiated throllgl1 a special code amendment in November, 1975, permitting only
non..reta il commerci al bakeries in the SIC/ I zone distri ct. The amendment
was prompted by a request by George Sells to locate a commercial bakery in the
building adjacent to the Rio Grande property. The consensus of P and Z opinion
was that thi s use was appropri ate and, consi stent wi th other uses if it 11as
non-retail and that the code should be amended to permit it. The particular
conditi on prohi biti ng retail saTes is mOre log i tal for, commerci) 1 bakery uses
in that bakeries are more easily converted to high volume retail trade. People
are likely to stop by to pick up some. deserts .if the location is at all convenient.
The location of the Mill Street Venture building adjacent to the Trueman Center
has already resulted in a lot of traffic in the area. In the event this
definition is changed, we can expect rental rates in the Mill Street Venture
building to increase to the $11 per square foot rate currently charged in the
Trueman Center. This is exactly what we are trying to avoid.. Although Mr.
Sells' request had b2en for a use that was 95% wholesale and 5% retail,Bill
Kane argued that the area was inappropriate to handle the traffic generated
by the commercial-retail uses.
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~ince the, adoption of the restrictive definition for commerCial bakeries.
other app.lications for retaiLdispensing of baked goods in the S/C/I zone
have be~n.administratively denied~ Tom Dunlop tells me thatin Oc'tober of
1977 a company called Matilda's Hot Bread Company of Georgia reques,ted ,
permission tOI1\<inufacture bread products tri theS/C/I zone and to sell those,
prodUcts on premises. The bllilding inspector d~nted them a busine;;sl icense
under tho:se conditions. Subsequently, the owners of the business acquired
additional space in the Brand Building in the Commercial Core and planned to
do their retailing out of that location. This involved a departure from the
guidelines,of their franchisein that bread pr~ducts,coulclnot 'be transferred
from the SIC/! zone to the Brand Building without first being placed in plastic
bags. So; this company required space in two locations as a result of the
administration of the zone by the building inspector.
TheP and Zrecently turned down a request ,to permit a limited food service/
coffee shop in the SIC/I zone on the grounds that it would foster erosion of
the zone. They wete concerned that use of thi ,s coffee shop coul d not real i sti cally
be limited to the employees ,who worked on premises but would resul,t. once again,
in increasing traffic into the zone.
As you know, the scope of the S/C/I zone in terms of total land area is very
cbnfined. There is a pocket of ,S/C/!zoni ng behi nd the Concept 600 bui 1 di ng
and the only other locations are the Andrews property at the base of Mill
Street and then across from ,the Andrews property in the location of the, Aspen
Metro Sanitation District plant and the Mill Street Venture. The S/C/I zone
was originally conceived to be a larger zone than it is, today. The City has
already appropriated the Rio Grande property for other purposes and has
acquired the Aspen One property which further reduces the availability of
industrial sites. The Aspen One acquisition already has the Planning Office
searching for a r.eplacement site for the lumberyard. The end result will most
, likely be the rezoning of addltionalCounty land to I (Industrial). If the
S/C}I zone is allowed to be continually eroded, we will expect that this
'-C-ouncil will, in the next few years, be faced with the necessity of rezoning
additional land to SIC/I. We feel it makes more sense to maintain the zone
district boundaries as they stand today than to give in to the pressure to
upgrade.
The proposed new definition now comes to Council for second and final reading.
We recOTImend that Council not adopt the new definition. The current prohibition
on over-the-counter baked goods sales is appropriate, whether the 'baked goods
are the individual cheese danish or the whOle chocolate rum tort, as offered
by Le Cuisinier. It is the intrusion of this type of retail activity which
wi11deteriorate the S/CII and outcompete the uncompetitive service commercial
and industrial uses. Le Cuisinier, is permitted in the s/Cn today; in fact,
they have secured all buildi ng permits and business 1 icense approval s, provi ded
they comply with the current definition. Their r~tail end should be conducted
in those zones where it is currently allowed (Commercial Core and Neighborhood
COl11ilercial) .as , they were advised when they firstappl ied for a bus i ness
license, There is anewbakerygoirrg into the Trueman Center so the public's
demand for baked goods in that area will be satisfied. We suggest that if
Le Cuisinier feels that they need and ,must have a/commercial outlet. they go
into one of the zo.nes where it is an aUowecluse and open up a retail outlet
in much the same way as Delice Bakery has done. Delice, as you know, conducts
its wholesale/manufacturing operation in the Airport Business Center and has
its retail outlet in town. The situation works fine for Oelice as retail sales
are prohibited in the Airport Busilless Center and manufacture is prohibited in
the Commercial Core. . ' .
Theproponeryts of this code alTlendment point to retail' stores in the zone
and suggest that the visible eros,ion .is just cause to encourage further
el'Osion. In~ctuality. those uses in the zone which currently exist were
approved under limited parameters with the understanding that retail sales
of over-the..count~r goods would be limited to "minor., incidental, 5ales".
Clayton did not approve these businesses as retail stores with incidental
manllfacture and' repair butrather,theother way around. The boundary line
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drawn by the code between retail stores and, the wholesille/service/manufacture
type business is ambiguous to the point tha.t Clayton feels the code to be
unenforceable.
The code amendment is at best premature and should be preceded by a careful
redefinition oftheS/C/J ZOQe.
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The following is a list of permit,t.ed uses in the
SCI zoaeJ dis,trict as def.foed at section 24-3.3 of the
Municipz:rl Gode of the City of lisP en. '1'he scr'zQ,ne is intended
"to allow the. use of land for. limited commerc;ial purposes
and limited hidustrial purposes, with customary acsessory
and institutional uses." Permitted uses are defined as
'qimftcd.commercial and industrial uses includinq the following
d ' '1 ,r -
an Slml;ar uses:
PE:nMITTEDUSES
CHARACTERIZATION OF USE
vehicle sales
equipment rental
equipment storage
equipment repair
oas station
~uto ,.,ashingfacility
electrical/plumbing service shops
commercial bakery
shop craft industries
builders supply ,
dry cleaning plant and laundry
building materials
lumber yard
manufacture and repair of sporting goods
printing and publishing
warehousing and storage
retail
retail
retail -
retail
retail
retail
service/retail
retail prohibited
retail
retail
retail
retail
retail
wholesale/retail
wholesale/retail
retail
Permitted uses are limited only to the-extent that
they may create unusual traffic hazards, ,noise, dust, fumes,
odors, smoke, vapor, vibration, glare, or industrial waste
disposal problem. '
Existing uses in the SCI z,one comply with the intent
of the zone definition anairi some cases are specifically
referred to as permitted uses. Nonspecific permitted USeS
are generally similar uses and thereby qualify to do business
in theSeI ,zone. The following. is a list of existing uses
-with evaluation as to their ,degree' of conformity as permitted
u.ses:
EXISTING USES
DEGREE OF CONFORMITY
'not specific' but"-- - ---- .---....
similar
Tipsy-T's,bar supplies
wholesale/retail
,Fresh SquTezed Orange Juice
orange juice, wholesale/
retail
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not specific but
similar
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tlPCclaltyGla,ss , repairs,
replacement of glass
rct.:til '
builders supply or
similar
'40 }f; ~f. '/ ..\~ to l)ar-ts
similar to vehicle salesl
gas station
specific permitted use
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t~\Ul(lr'1mil.t ,retail
hlo....n ~:Qlf Conunercial Artist,
retail .
Ilerit3<:]C Paints, retail
f'cg,'l:;us 5<,dlllery, retail'
similar to printing and
pu~lishing or shop craft
bui].<lers supply' o,r similar
similar to sporting goods
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EXIS'I'lNG USES,
DEGruEE en.. CONPbRMI1'Y
Henry's Electronics,
retail
permitted as a service
shqp w,ith customary accessory
retail sales
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retail .
similar to service station
Fox Bronco Auto Repair,
retail
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Printed in Aspen,
retail
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print shop
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CONCLUSION
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From the foregoing it is clear that the SCI.zone was
intended to permit retail functions carried on by permitted
or similar uses. The existing uses in the sClzone comply
with the specific language and intent, of the zone. The only
defined limitati()n on retail sales in any permitted use is
found not in the SCI zone category language, but rather in the
definition of commercial bakery at section ~4-3.l (bbl. This
inconsistency arises from the definition of commercial bakery
and has no rational basis as applied ,in the SClzone considering
the broad range of permitted retail uses and the retail character
of all existing uses.
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