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HomeMy WebLinkAboutcoa.lu.ud.Sherpa Sports.1977 . ~\ I ,^" ),.).1:../ tvf1 M E M 0 RAN DUM TO: Aspen Planning and Zoning Commission FROM: Planning Office (KS) RE: Use Determination in NC Zone District - Sherpa Sports DATE: December 2, 1977 The application as described in the attached memorandum seeks a deter~ mination from the P&Z that the shop called "Sherpa Sports" is a use that is expressly or conditionally permitted in the Neighborhood Gommercial zone district (at the Durant Mall) even though a sporting goods shop is not so listed in the NC zone district. Since the applicant's attoney has reiterated the basis on which your decision must be made, we refer you to Section 5 of the application. Permitted uses in the district are: Small convenience establishments designed and intended to serve the daily or frequent trade or service needs of an immediately surrounding neighborhood. Such establishments include food stores, pharmaceuticals, liquor stores, dry cleaning and laundry pick~up stations, barber shops, beauty shops, post office branches, and shoe repair shops. Conditional uses are: Service station, applianoe, TV sales and service shop, 1 aundromat, garden shop, hardware shop, pa;'nt and wallpaper store, carpet, flooring and drapery shop, business and profes~ sional office, accessory dwelling units. The applicant argues that the intent of the zone district is met by the use on the basis that gross sales have in the past been in the range of 80% to local residents and that in the future with the change of location, sales will increasingly be to locals rather than tourists. They also argue that existing uses in the Durant Mall/City Market location serve a city~wide neighborhood and are, in fact, patronized even more by tourists. There is some truth to that analysis in that the traditional "neighborhood" convenience store concept works best when the commercial aspect is isolated in and surrounded by a truly residential setting. As the Durant Mall is located so close to the urban center of Aspen, it draws all sorts of trade, locals and tourist alike. The other aspect of Neighborhood Commerical intent is that it "serve daily or frequent trade or service needs" of the immediately surrounding neighborhood. We have a difficult time construi:ng' bicycle sales, mountaineering, cross-country and hiking equipment as daily or frequent trade needs. Especi ally when compared. wi th the 1 ist of permitted uses, this service or trade is nothing like the grocery, pharmaceutical, cleaning, shoe repair needs of a neighborhood. It is definitely a sporting, not convenience need. Conditional uses Similarly avoid the sporting nature of convenience goods and focus on perhaps less frequent, but neverthe- less convenience needs of residents. The conditional uses encompass various household, appliance, and repair needs. We don't believe that a comparison with some other retail uses in the Durant Mall is valid. Some uses have been permitted which we also find to be outside the intent of the NC district. What is clear is a gradual whittling away of the intent of the NC district and severe competition for the lower rents of that district, pushing out the valid neighborhood trade and service uses by other uses which are more appropfiatevy located - ~. ^ . Aspen Planning and Zoning Page Two December 2, 1977 elsewhere. The same problem that has befallen Sherpa Sports in its previous location in terms of high rents holds true for neighborhood commercial uses in NC, that is, that they are being outbid for rental space by more competitive operations. We would also like to point out the ordinance 19 approval for the Durant Mall. In the use 1 i st attached, there is no menti on of a sporting goods or bicycle rental and sales type of operation. The specified uses again emphasize convenience service and trade needs and specifically refer to any thing permitted in the NC district. The applicant offers to modify his inventory to bring it into compliance with the NC intent. Even if the shop were exclusively bicycle rental and sales, we doubt that this comes within the meaning of the district and recommend against its accommodation. Again, the purpose for the NC zone and its location is to provide for frequently used commercial functions which cannot afford to pay the higher rents that can be afforded by the use requested here. The loss of the NC zone here will simply require its location elsewhere. We have argued this many times and the board is quite familiar with our line of reasoning. lmk enc. ,,-.., /~ APPLICATION FOR USE DETERMINATION UNDER SECTION 24-2.1 (b) 1. APPLICANT: Jasjit Grewal d/b/a Sherpa Sports. 2. LOCATION OF PROPERTY: Durant Mall Building on East 1/2 of Lot L, Lots M, N, 0, P and Q, Block 106, City of Aspen. Applicant has entered into contract to purchase approximately 1/3 of the easterly portion of the commercial condominium unit now owned by Impressions of Aspen, a stationery store. 3. CURRENT TENANTS: / (a) (b) (c) (d) (e) (f) (g) (h) or (i) (j) (k) (1) (m) en) (0) (p) (q) (r) (s) Impressions of Aspen - retail stationery store. The Body Shop - retail cosmetic items. Paper Pig - party favors, napkins, cards, etc. The Kitchen Shop - retail kitchen and gourmet cooking items. Covers - retail bedding and bath products, blankets, etc. Nikki's Beehive - beauty salon. The Shear Happening - hair cutters. The Grog Shop - retail liquor store. Hobarts Fancy Foods - natural and health foods, vitamins, etc. Pitkin Tack and Leather - Equestrian and leather clothing store (has been sold and is being re- placed by a jewelry store). Sports Centering - psychological ski and sport instruction. Century 21 - real estate offices. Dr. Robert Buclaw - chiropractor. Aspen Security - answering services and security and fire protection offices. Aspen ValieyMedical Foundation - offices. Quicksilver Limo - office and dispatch center. Dromedary Recording Studio - offices. Production Service West - offices. Interwest Realty - real estate sales office. 4. REASON FOR RELOCATION: Applicant normally had business located in the Aspen Arcade on Hyman Street but the Applicant was displaced when Donald Fleisher has tripled the rental rate to $20 per square foot annually making the cost of doing business prohibitive. Applicant's former location is now to be occupied by "Best of All Worlds", a tourist oriented shop selling trinkets, antiques and other miscellaneous items. 5. REASON FOR THE REQUEST: The property is zoned NC (Neigh- borhood Commercial). The specified permitted and conditional uses do not identify the business operated by the Applicant. The permitted uses are as follows: Food stores, liquor stores, drug stores, dry cleaning and laundry piCkup, barbershops, post office, shoe repair. The conditional uses are: Service stations, appliance and T.V. sales and service, laundromat, garden shop, hardware store, paint and wallpaper store, carpet store, flooring and drapery shop, business and professional office and accessory dwellings. Section 24-2.1(b) provides that if a question arises as to whether a specific use comes within any of the particular use categories, that a person may apply to the Zoning Commission for a determination as to whether specified uses expressly or condi- tionally prohibit it which determination shall be made upon an .~ r; analysis of: (a) the intention of the districts (b) the compatability of the proposed use with the specified permitted and conditional uses. The intention of the district specified is to provide for small convenience establishments to serve daily or frequent trade or the service needs of an immediately surrounding neighborhood. We believe in this case the neighborhood is in fact the city limits of Aspen. It is also noted that it is clear from the intention of the district that the uses be not tourist oriented and primarily serving the needs of the local population. It is submitted, however, that probably a majority of the income of businesses such as the Grog Shop, by far the largest liquor outlet in the City, and the City Market, also located on the same block, are tourist oriented businesses. During the high season there are more tourist beds in Aspen than there are local beds. The Applicant's shop is a somewhat unique shop within the City of Aspen since in spite of its former location, adjacent the mall and therefore to the tourist walk-in business, the Applicant's business nevertheless has been eighty percent a local business. If the business is relocated to the Durant Mall the amount of walk-in traffic will be severely modified and it is submitted that the business will thereafter be probably ninety- five percent local. During the period from October 1976 to October 1977 the Applicant's business in gross sales breaks down as follows: Item % of Total BUsiness % of Local Sales Bicycles 48.2 99 (one sale to non- local) Specialized Climbing Packs 3.4 65 Specialized Mountaineering Technical Climbing Equip- ment Cross-Country Skis 2.7 7.1 9.6 100 75 Hiking Equipment (boots, etc.) 50 Mountaineering Clothing (not fashion clothing) 23.0 50 Rentals - Bicycles and cross-country skis 5.5 75 It is clear from this analysis that the Applicant's business has not been your typical tourist oriented sporting goods store. As a result of the new location walk-in business will drop toa mini- mum and it will become even less so. As the figures illustrate, almost 50% of Applicant's business is as a bicycle shop and during the entire periOd he sold only one bicycle to a non-local. The Applicant and his son have attained statewide recognition as winning bicycle racing competitors and the shop reflects this interest, and is primarily a bicycle shop. Bicycle shops are commonly found in neighborhood commercial centers and of course are primarily of service to the local population. -2- ,-, !", The remainder of Applicant's inventory and business is of the highest quality and the most specialized technical mountaineer- ing equipment. The only portions of the Applicant's inventory which are purchased to any substantial extent by tourist population are the hiking boots and the mountaineering clothing. It is submitted that the relocation of this business will diminish walk- in traffic and therefore substantially diminish non-local purchasers of even those items. The Applicant is willing to adjust his inventory if necessary in accordance with the suggestions of the Planning and Zoning Commission in order to conform to the intent and purpose of the zoning. Re;pectfullY submitted, d~ p /9fblt1~ A ( Joseph E. Edwards21:.> Attorney for the Applicant ~3~