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Home My WebLink Aboutcoa.lu.ud.Neufeld.1981 ~ --". , 1""", ^ No. J.;(-lJ CASELOAD SUMMARY SHEET City of Aspen 1. DATE SUBMITTED: ~/q!KI, STAFF: AuV/-Ritllf11r1M.J 2. APPLICANT: %berf LtYeufelclt lisanPrbJeJJ't'ant:f/7/;&.fr€.; '. . .. ~ ~.l.J7/ Asfthl. ffJ 9,;(5- ~ !'Cj 3. 'REPRESENTATIVE: S?:lme ~I abctJe. 4. PROJECT NAME: 1'kllffJ~ L{te JJe.:blJ'h'na-h'e0 5, LOCATION: "tJ/d If mOtt! pt'JSf CJfj/CR..~ - ('lJtnf'f' ~ Iflf/J7Ci1YU ll#1& ,Sfrinq Sfre.e.1s '-..l 6. TYPE OF APPLICATION: Rezoning P.U,D. Special'Review Growth Management HPC Subdivision Exception Exempti on 70:30 Residential Bonus _____Stream Margin _____8040 Greenline _____View Pl ane _____Conditional Use Other x (b~Dde.rrrllv-a+;"rV , '4-nri.:::c- (9 \tv ;)\A. \'I €.. \ (0 I '9 ? I 7, REFERRALS: - tJDr\ e -- Attorney , Engineering Dept, _____Housi ng _____Water ____City Electric Sanitation District ____School District _Mountain Bell _____Rocky Mtn, Nat. Gas Parks, _____State Highway Dept. Holy Cross Electric _____Other ~Fire Marshal/Building Dept, 8. REVIEW REQUIREMENTS: ~ ,'-'" .-, / "'- ....#.,,;...~ , ,-, ,-, 9, DISPOSrYON: P & z J Approved J Denied Date b - '2 '1.'15 \ ~J.-t-~\~ ~~-\ p.., ~o..'--~O~^11 V\.'O'^-t"-O~, \ \ \o~,..\ ~~~~~\.o- o~ ~~ \J~0l ~ ~ 'Gi.v-. "--l(.e..<;Sco""", '^-V- \~ ~\S ~ Po.... "k1>~~ l..,l\" ~ r-+-~,t-\~ ~..... ~ C.-I 7.o"f Council Approved Denied Date 11(\'0 10. ROUTING: Attorney j "'td'" Engineering Other r', ,-, ~. ,/".. L,TY OF ASPEN" . MEMO FROM ALAN RICHMAN ~~~~ _ ~..\-""'2- (. ~..~ t ~\ ~ l. ",-,-~-9.- ~A ~ \ \) (. ~ \. \ ","0_ f I\,..()c;..~\~ \\e.-qo......."l ....\.(.. o~ ~ o\..~ ~~~ ,,<;-ht..(. \..... c..-l l.o~ ~o..... ~v:i.A-....- o~ &l~') r......&. ~..P- ~ A'^- *C.U.<'~oi ",>c.. ~ "'" ~ll-\....,~.'", or:-- ., Il<- ~~""",.~ ~ll" ..-- ~ MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Alan Richman, Planning Office RE: Neufeld. Use Determination DATE: June 10, 1981 Zoning: C-1 Lot Size: 9,000 square feet Old Post Office Building, 307 S. Spring at Hyman Avenue The Planning Office was recently approached by Bob Neufeld who proposed a use for the old Post Office Building, His intention was to place the Aspen Professional Theatre, a non-profit organization that gives theatre classes and presents plays, within that building on a temporary basis, His group has lease arrangements which would commence immediately and end no later than September, 1981, Location: Background: The Planning Office examined the permitted and conditional use list for the C-1 zone district and found none which clearly reflected the proposed use. Due to the imminent need for Mr. Neufeld to get a resolution of this issue for the purposes of the summer theatre, as well as a result of the community interest in the non-profit theatre, we suggested that a code amendment process would be overly cumbersume and time consuming. lie recommended tl1a't he stand up before Council to make a public participation request to expedite resolution of this problem, City Council, at their meeting on June 8, was supportive of Mr,Neufeld's request but had no specific method to solve the problem. The most reasonable approach suggested was that he request a use determination for his non-profit theatre as an "assembly hall", currently a permitted use in the C-1 zone district. The applicant therefore requests that you make a determination that the definition of an assembly hall would include theatre classes and presentation of plays, Planning Office Revi ew: The Planning Office has several concerns with this application, The C-1 zone district is intended "to provide for the establish... ment of commercial uses which are not primarily oriented towards serving the tourist population." Our first concern would be with whether the proposed use would serve the local commercial needs of the resident population. It is our interpretation that theatre classes and presentation of plays would serve both resident and tourist populations, but might appeal prin- cipally to the short term-summer visitor. The concept of how the zone was originally intended to be used leads to the question of the proposed temporary nature of the use. If this application were simply for the one-time use of a now vacant facility by a non-profit organization, the Planning Office would have little difficulty supporting the proposal, However, as a use determination, you are deciding, in effect, whether a theatre should be a permitted use in the C-1 zone district. Your determination that it is a permitted use would open up an entirely new avenue for developers to pursue in using the C-1 zone district and could be interpreted as a further erosion of that portion of the Code. You should vecognize that theatres, cabarets and night clubs are speci- fically designated as permitted uses in the CC zone and a deter- mination that this is a permitted use in the C-1 zone would further reduce the differences between the two zones. However~ if you feel that the proposed use does come under the defini- tion of an assembly hall, you have no choice but to allow the applicant to proceed with his plans, -_......_---~--- -------",.- ._.,.,.._------_..._-'_....__._-----~--- /,""" ,r--.. Memo: Neufield Use Determination June 10, 1981 Page Two The other major concern of the Planning Office pertains to the proposed parki ng arrangement for the facil i ty, despi te the fact that there is no parking requirement for commercial uses in the C-1 zone district. The applicant suggests that sufficient parking exists on the street and in the City Market parking lot to accommodate the patrons, anticipated to number approximately 125 nightly. This argument is not supported by the fact that during high season, as well as during the prior occupancy of the building as a post office, the spaces on the street have been fully utilized. In addition, the City t~arket parki ng lot has a sign i ndi cati ng that it is to be used only by patrons of that store and others will be towed 0 This lot is already congested during many periods of the day and the recently approved expansion of that building will further reduce any "excess" spaces which might previously have been available. Planning Office Recommendations: The Planning Office recognizes that City Council has expressed a general will ingness to accommodate the appl i cant I s proposed use of the old Post Office Building and that the non-profit, arts orientation of the proposal does offer numerous community benefits. However, we cannot support the further erosion of the C-1 zone district in that an interpretation of an assembly hall as a theatre would open the remainder of the zone to this use, which has been more properly permitted in the CC zone. We also cannot support the proposal to meet parking needs by using spaces which are not specifically designated for this use. We therefore recommend that you deny the applicant's re- quest but that you make every effort to provide some mechanism by which the applicant can proceed with the intended use, We would suggest, as an example, that existing facilities such as those at local schools be investigated as an alternative location for the classes and theatre operation. A second alternative would be for the applicant to pursue a code amendment to make theatres a permitted or, conditional use in the C-1 zone, . ~ ^ , Aspen Professional Th~a~re Box 247. Aspen. Colorado 81612 telephone 925-3289 June 9. 1981 i}"-'~"t"'"1nl""""''''''''Jrn j.IJ~."I,":',"I' "','''''''"~i \'"~,f''''''' "",I,'~,I1,,"" 'J c;'"" ; :f) -; "~'l ' '.,."" , " '1,'.:,'-''''';''''':'1, r" nr(~"'~"~'-""""<.; I . ~! "" l ~ _ , l . 11. " Ii, if ~,}~, "mN 91~~.i ,U L~~ ~,~~"~"~,,,,~,",,,,,,-;~..~,,, ,~-:....,.) .,;A>,8~o!~N/' :..:.] t inN Cl ty of Aspen Aspen. Colorado 81611 Dear Cl ty: 'I'l\1e,:!spen Professlonal Theatre, (forlllerl1' the Aspen ~tre Project) has made lease arrangementswlth the owners of ....be olt.C1 maln post offlce (corner Of Hyma-n and Sprlng streets). Such arrangements are to oommenoe as soon as Poss1ble and end. no ],a1;er than the end of September. 1981., The arrangelll~1; lncludes a 3Q-day notloe of te~~pat10n provls10l1..' as the build1ng 1s up for sale~ " The bU1ldl1lg 1s zoned C-1. The zon1ng code d()es not spec1floally Dlent10n theatre as a des1e;nated;;:lise.but does 1neltia.e thewprds ..assembly hall.~'w!m~~k you to , lnterpret the phl'aSe asfi tt1ng our1ntended:"use. and. that you W111, grant us a usedetermtnat10n as soon as.posslble. "',..'.y ", "',.,. - '..,. .",. ~ ,'':: We are ~;~C?ri...:pr()tl t organizat10n that g:ljr~~;!ip'eatre olasses andpreMi:l1;~,p+a.Ys. (S1nce 1974. wehave'~lY\ilnover 30 olasses..,n,.. dpresented 16 maj~l' produotionlil '1~ Aspen. ) " " I .", " " ,,'_' We need'j;6, (lommelloe classes andrehea.i-~a.lsj,~ed1atelf (yes- terday 1t,poss1ble). and hope tOc!'p~ourf:t,r:~t,produot1on theweelt:"of iTuly 20. We hope~)er:il,,~j,ngjlroduct1ons 1n the'enn1ngs 6 n1gllts a Wieekp71:ale endC)~the s'lUlDller. TtJ,ere113,liLDlple on,:"str~e~,M~~~J!e;f()r o'l.l.ti>liL.ti'j!lns" as~w.ell as the S1~y' Market parg~~l~tsc~,~ttie~:i(l-ti~~_i. Ask1ng for your 1lllD1E!d1atE! cons1derat1:cm.. I alii R~spectfUllY':. Robert L. NE!llfel!l/ Producer/Art1st1c.!>1rector P.S. Should you be unable to fit us 1n 1U1d~~ "assembly haU". we aS~for exemption from zon1ng on a temporary and immed1ate bas1S.