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CASELOAD SUMMARY SHEET
City of Aspen
DATE RECEIVED: 12/01/95 PARCEL ID AND CASE NO.
DATE COMPLETE: 2737-182-24-001 A105-95
STAFF MEMBER: SW
PROJECT NAME: Ze
Project Address:
Legal Address: _
APPLICANT: Zele Before the Grind Cor
Applicant Address: 121 S. Galena St.
REPRESENTATIVE: Patrick Imeson
Representative Address/Phone: 195 E. Lupine St. 920-6944
Aspen, CO 81611
--------------------------------------------------------------
FEES: PLANNING $425 # APPS RECEIVED 2
ENGINEER $ # PLATS RECEIVED
HOUSING $156
ENV. HEALTH $
TOTAL $581
TYPE OF APPLICATION: STAFF APPROVAL: X 1 STEP: 2 STEP:
P&Z Meeting Date PUBLIC HEARING: YES NO
VESTED RIGHTS: YES NO
CC Meeting Date PUBLIC HEARING: YES NO
VESTED RIGHTS: YES NO
DRC Meeting Date
REFERRALS:
City Attorney Parks Dept. School District
City Engineer Bldg Inspector Rocky Mtn NatGas
_~ Housing Dir. Fire Marshal CDOT
Aspen Water Holy Cross Clean Air Board
City Electric Mtn. Bell Open Space Board
Envir.Hlth. ACSD Other
Zoning Energy Center Other
DATE REFERRED: ~Z INITIALS: yu' DUE: A~~~
FINAL ROUTING:
DATE ROUTED:
IAL:
City Atty City Engineer -Zoning -Env. Health
Housing Open Space Other:
FILE STATUS AND LOCATION:
.._. ...~
MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Suzanne Wolff, Planning
RE: Zele Espresso Cart GMQS Exemption
DATE: December 19, 1995
SUMMARY: Patrick Imeson, representing Before the Grind Corp., requests GMQS Exemption
to operate an espresso cart in the atrium of the Ute City Banque Building. The cart will be
located on the comer wall in the atrium where the entrances from Galena Street and Hyman
Avenue meet, and will operate from approximately 8:00 AM to 10:30 AM daily during the
winter (December to April).
APPLICANT: Zele, Before the Grind Corp.
LOCATION: 302-308 S. Galena St.; Ute City Banque Building
ZONING: CC -Commercial Core
BACKGROUND: City Council Ordinance 13, Series of 1993, amended the Land Use Code to
allow the Community Development Director to exempt from the Growth Management Quota
System (GMQS) an expansion of less than 250 net leasable square feet to an existing commercial
or office uses. Prior to the adoption of Ordinance 13, the Director could only exempt an
expansion of an existing commercial or office use in a building which does not increase its net
leasable squaze footage, and the Planning Commission could exempt an expansion of less than
500 net leasable squaze feet. When the revised Growth Management Quota System was adopted
by Council (Ordinance 54, Series of 1994), the amendments made in Ordinance 13 were
inadvertently omitted. Therefore, the Code has reverted to the language that was in place prior to
the adoption of Ordinance 13, and the Planning Commission must review and approve this
application. This discrepancy was discovered after the applicant had submitted this application
for an approval by the Director based on representations made by staff in the pre-application
conference. Staff requests direction from the Commission on reinstating the provision for the
Director to approve exemptions for commercial or office expansions of less than 250 net leasable
squaze feet, as was previously approved by Ordinance 13.
STAFF COMMENTS:
Pursuant to Section 24-8-104.A.1.d, an expansion of a commercial use of less than 250 net
leasable squaze feet may be exempted from the Growth Management Quota System (GMQS) by
the Community Development Director, provided that the expansion will have minimal impact
upon the city. A determination of minimal impact shall require demonstration that:
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•. ....
1. a minimal number of additional employees will be generated;
Response: The applicant proposes to use one part-time employee from Zele's existing staff
to operate the cart.
2. employee housing will be provided for the additional employees generated;
Response: The cart is 2 feet by 6 feet, however, staff has concluded that the area behind the
cart where an employee would stand to work should also be included as net leasable azea. Net
leasable space requires mitigation based on the generation rates established for the zone district.
Therefore, staff has based the employee mitigation calculations on a total increase of 30 net
leasable squaze feet. This amount is consistent with the approval granted by City Council
Ordinance No. 72 (Series of 1994) for the espresso cart at the Ajax Tavem.
Employee Miti ag tion: (Housing Office memo attached)
30 s.f. at 3.5 employees/1000 s.f. = 0.105 gross employee generation
0.105 employee X 60% (minimum GMQS mitigation) = 0.063 employee to be mitigated
0.063 X $79,000 (Category 1 payment-in-lieu fee) _ $4,977 payment-in-lieu
$4977 _ 12 months X 4 months of operation = $1659 net payment-in-lieu
The applicant will be required to pay this amount for employee mitigation to the City Finance
Director prior to building permit issuance.
3. a minimal number of additional pazking spaces will be demanded and that parking will be
provided;
Response: The cart will not create any additional demand for pazking. The cart is intended
to attract and serve visitors to the existing businesses in the building.
4. there will be minimal visual impact on the neighborhood;
Response: The cart will be located in the atrium of the building, and will not have any visual
impact on the neighborhood. Signs may only be located on the cart, and may not be located
outside of the building.
5. minimal demand will be placed on the city's public facilities.
Response: The cart will not impact public facilities.
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RECOMMENDATION: Staff recommends approval of the request for a GMQS Exemption for
an espresso cart to be located in the atrium of the Ute City Banque Building, subject to the
following conditions:
1. All representations made in this application shall be adhered to as conditions of approval.
2. Prior to the issuance of a building permit, the applicant shall pay an affordable housing
mitigation fee of $1659 to the City Finance Department. Proof of payment shall be provided
to the Community Development Department.
3. If the espresso cart is in use for more than 3 hours per day, or for a period of more than 4
months (December to April), the applicant must pay additional employee mitigation in effect
at the time of review.
4. The espresso cart shall be reviewed and inspected by the Environmental Health Department
prior to operation.
RECOMMENDED MOTION: "I move to approve the GMQS Exemption to allow 30 squaze
feet of new net leasable azea for an espresso cart in the Ute City Banque Building, subject to the
four conditions listed in the Planning Office memo dated December 19, 1995."
EXIIIBITS:
A. Application information
B. Referral comments
EXn~b~t a
ZELE
BEFORE THE GRIND CORP
121 S. GALENA S'~'RT?1~'
ASPEN CO. 81611
303-920-6944
Nov. 9, 1995
Ms. Leslie Lamont
City of Aspen
Aspen Co.
Dear Leslie;
Regarding our conversations regarding the opening of and
espresso cart in the atrium of the Ute City Banque Building,
we have decided to go ahead and pursue this endeavor.
The size of the cart is 2'x 6'. It would be located on the
on the corner wall where the two entrances meet. The cart is
fully self contained and only needs power to operate. Water
and waste disposal are included in the cart.
The operation will entail one part time employee from Zele's
existing staff with the initial hours of operation being from
9:00 am to 12:00 pm daily.
We have spoken with all tenant of the building and everyone
is very much in favor of this idea.
We would like to open this for the upcoming season so time is
of the essence.
Please advise as to how to proceed.
B regards;
Patrick W.M. Imeson
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LAND IISE APPLICATION FORM t
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Project Name: ~L~l~ ~r~y~T ;~
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Project Location: ~.~~ ~~ 4~~~ -u~
(Indicate street address, lot and block number, legal description
where appropriate)
3. Present Zoning: ~ ~- 4. Lot Size:
5. Applicant's Name, Address & Phone No.: "
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6. Representative's Name, Address & Phone No.: ~~Ta-`~-~ -~~~~S~~V
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7. Type of Application (Please check all that apply):
Conditional Use
_ Special Review
_ 8040 Greenline
_ Stream Margin
Mtn. View Plane
Condominiumization
Conceptual SPA
Final SPA
Conceptual PUD
Final PUD
_ subdivision
Text/Map Amendment
_ Lot Split/Lot Line ~ GMQS Exemption by
Adjustment Planning Dir.
_ Conceptual Historic
Development
Final Historic Dev.
_ Minor Historic Dev.
_ Historic Demolition
Historic Designation
_ GMQS Allotment
_ GMQS Exemption
8. Description of Existing Uses (number and type of existing
structures; approximate square feet; number of bedrooms; any
previous approvals granted to the property):
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9. Description of Development Application:
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10. Have you attached the following?
Response to Attachment 2, Minimum Submission Contents
_ Response to Attachment 3, Specific Submission Contents
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Robert J. Snyder Realty Services, Inc.
305 South Galena Suite A
Aspen, Colorado 81611
970-925-2450
970-544-0996 (fax)
November 13, 1995
City of Aspen
Office of Community Development
Hand Delivered
To Whom It May Concern;
Please let this letter confirm that the owners of the Ute City Building, Arcades
Associates Ltd. is in full support of the application being submitted by Pat
Imeson of Zele' coffee for the installation of anexpresso-coffee cart to be
located as noted in Pat's application. Please give me a call should you have
any questions concerning this application.
Sincerely yo s,
n aging Agent
Arcades Associates Ltd.
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DEC 13 'SS 02~48PM ASPEN 40USING OFC P.1
"'~ Exhibit B
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MEMORANDa?!M
TO: Suzanne Wolff, Planning Office
FROM: Cindy Christensen, Housing Office
DATE: December 13, 1995
RE: Zele Espresso Cart GMQS Exemption
Parcel ID No, 2737-18Z-24-D01
ISSUE: The applicant is requesting approval for an espresso cart to be opened four
months out of the year, from 9:D0 a.m. to 12 noon.
RECOAAMENDA ON,: The applicaht has to mitigate for the foibwing:
Commeroiai Core: 3.5 - 5.25 employeesl1,000 squarB feet
FTE's for Commercial Core Zone District divided by 1,ODD square feet X
30 new net leasable square feet X 8D% of the employees required to
mitigate X $79,000 Category 1 payment-in-lieu fee divided by 12 months
in a year X the number of months the applicant plans on being open
3.5 - 1,000 sq, fk X 30 sq. ft. X 60% _ ,063 employees need to be
mitigated.
The Housing Office would recommend that the FTE's be mitigated at the Category 1
level, which means ,083 X $79,D00 = $4,977. Because this cart is to be open only four
months out of the year, the Housing Office would agree to dividing the amoutrt due by
12 and taking that times 4 months the applicant plans on being open. This relates bo a
payment-in-lieu fee due of $1,659 before approval of the cart can be given.
The Housing Office also recommends that should the appiicarrt change the hours of
operation andlor the months open per year, thaf the employee mitigation amount be re-
evaluated.
iebrtaAwe.mlt
MESSAGE DISPLAY
TO Suzanne Wolff
From: Nancy MacKenzie
Postmark: Dec 11,95 8:58 AM
Status: Previously read
Subject: Reply to: Zele Espresso Cart
------------------------------------------------------------------------------
Reply text:
From Nancy MacKenzie:
They have to do a plan review with our dept
our form,pay a fee, and provide us spec shy
the cart, menus of what will be served,plus
know. A spearate food service license might
physically inspect the cart before they can
FIRST.Fill out
nets on
other details we need to
be required. We then
operate.
Preceding message:
From Suzanne Wolff:
Mary thought you were the Zele person... They are proposing to put a
cart in atrium of the Ute City Banque building. The cart is 2' x 6'
and includes water and waste disposal. What concerns and/or
conditions would you have? Thanks
----------=====X=====___-------
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MESSAGE DISPLAY
TO Vicki Monge
From: Stephen Kanipe
Postmark: Dec 14,95 5:4o P"q
Subject: Repl to: Expresso cart
~~
~_
Reply text:
From Stephen Kanipe:
we need to look at the listing for the self contained unit. that will
give us terms of listing and installation instructions.
Preceding message:
From Vicki Monge:
Suzanne Wolff is finishing up caith the
expresso cart to he in the "Hall" area
building. We need a permit fcr zoning
approvals; any plan check involved???
electrical permit for whatever power i
the cart is self-contained.
planning approval for an
of the Ute City Banque
& env. hlth.
They will probably need an
required; other than that,
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MEMORANDUM /l.O~d~/
TO: Stan Clauson, Community Development Director
FROM: Suzanne Wolff
RE: Zele Espresso Cart GMQS Exemption
DATE: December 13, 1995
SUMMARY: Patrick Imeson, representing Before the Grind Corp., requests GMQS Exemption
to operate an espresso cart in the atrium of the Ute City Banque Building. The car[ will be
located on the comer wall in the atrium where the entrances from Galena Street and Hyman
Avenue meet, and will operate from approximately 8:00 AM to 10:30 AM daily during the
winter (December to April).
APPLICANT: Zele, Before the Grind Corp.
LOCATION: 302-308 S. Galena St.; Ute City Banque Building
ZONING: CC -Commercial Core
STAFF COMMENTS:
Pursuant [o Section 24-8-104.A.1.d, an expansion of a commercial use of less than 250 net
leasable square feet may be exempted from the Growth Management Quota System (GMQS) by
the Community Development Director, provided that the expansion will have minimal impact
upon the city. A determination of minimal impact shall require demonstration that:
1. a minimal number of additional employees will be generated;
Response: The applicant proposes to use one part-time employee from Zele's existing staff
to operate the cart.
2. employee housing will be provided for the additional employees generated;
Response: The cart is 2 feet by 6 feet, however, staff has concluded that the azea behind the
cart where an employee would stand to work should also be included as net leasable azea. Net
leasable space requires mitigation based on the generation rates established for the zone district.
Therefore, staff has based the employee mitigation calculations on a total increase of 30 net
leasable square feet. This amount is consistent with [he approval granted by City Council
Ordinance No. 72 (Series of 1994) for the espresso cart at the Ajax Tavern.
Emplovee Miti ag lion: (Housing Office memo attached)
30 s.f. at 3.5 employees/1000 s.f. = 0.105 gross employee generation
0.105 employee X 60% (minimum GMQS mitigation) = 0.063 employee to be mitigated
0.063 X $79,000 (Category 1 payment-in-lieu fee) _ $4,977 payment-in-lieu
$4977 = 12 months X 4 months of operation = $1659 net payment-in-lieu
The applicant will be required to pay this amount for employee mitigation to the City Finance
Director prior to building permit issuance.
3. a minimal number of additional parking spaces will be demanded and that parking will be
provided;
Response: The cart will not create any additional demand for parking. The cart is intended
to attract and serve visitors to the existing businesses in the building.
4. there will be minimal visual impact on the neighborhood;
Response: The cart will be located in the atrium of the building, and will not have any visual
impact on the neighborhood. Signs may only be located on the cart, and may not be located
outside of the building.
5. minimal demand will be placed on the city's public facilities.
Response: The cart will not impact public facilities.
RECOMMENDATION: Staff recommends approval of the request for a GMQS Exemption for
an espresso cart to be located in the atrium of the Ute City Banque Building, subject to the
following conditions:
1. All representations made in this application shall be adhered to as conditions of approval.
2. Prior to the issuance of a building permit, the applicant shall pay an affordable housing
mitigation fee of $1659 to the City Finance Department. Proof of payment shall be provided
to the Community Development Department.
If the espresso cart is in use for more than 3 hours per day, or for a period of more than 4
months (December to April), the applicant must pay additional employee mitigation if effect
at the time of review.
4. The espresso car[ shall be reviewed and inspected by the Environmental Health Department
prior to operation.
.. ..,,,
.,... ~~.
I hereby approve the GMQS Exemption for an espresso cart in the Ute City Banque Building,
subject to the conditions noted above.
Stan Clauson, Community Development Director Date
cc: Bill Drueding
Cindy Christensen
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TO Stan
CC BILL
From:
Postmark:
Status:
Subject:
Clauson
DRUEDING
Bill Drueding
Dec 13,95 9:55
Previously read
2eply to: Forwarded:
MESSAGE DISPLAY
CC SUZANNE WOLFF
AM
Zele espresso cart
Reply text:
From Bill Drueding:
I DO NOT RECALL HOW WE DID AJAX TAVERN BUT WILL TRY TO FIND THE
RECORD. KIM JOHNSON INDICATED THAT WE SHOULD FIGURE THE WORK AREA
AND THE AREA IN FRONT OF THE COUNTER. SORT OF LIKE PUTTING AN
IMAGINARY ROOF OVER THE AREA WHERE THE BUSINESS TAKES PLACE.
Preceding message:
From Stan Clauson:
Bill, We did something similiar at the Ajax Tavern. Can you
recall the basis for calculation?
From Suzanne Wolff:
For the purpose of calculating employee mitigation, should I use
the actual size of the cart (2' x 6') or a broader area which would
encompass space for an employee and customers adjacent to the cart?
----------=====X---------------
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ZELE
BEFORE THE GRIND CORP
121 S. GALENA STREET
ASPEN CO. 81611
303-920-6944
11/28/95
Ms. Leslie Lamont
City of Aspen
Aspen Co.
Dear Leslie;
As per our discussions, enclosed please find the application
in duplicate and the $581 fee for the espresso cart at the
Ute City Banque Building.
I have enclosed all materials requested. As we would like to
open this cart by Dec. 15th, 1995, your attention to this
matter will be greatly appreciated.
Should you have any questions or need any further
information, please don't hesitate to contact me.
Si ly;
a rick W.M. Imeson
,...
. _ ,.....
THIS AGR8EM131VT, tna
between ARCADES ASSOgATg,
under the laws of the SMte of Colt'
B. Cox, IIsq., F.O.. Box 111, Marti
Murphy,F.O. Box 5ti07, Care6ree
Owner, atul Robert ). Snyder Real
atrder the laws of the Stag
Soe~ena Street, in the City of
"Agent".
That the parties hereto mutually agree with each other as follows:
1. Atnrotntmart and Aod
appoints the Agent, and the
appointment, on the t+etms and ~
rentit~ acrd matragitrg agent of tly
Building,, and known by the sU
Cobrado, hereinafter referred to ai
ide tlpg~ ,,~y of 1994
p, LTD., a patinership o and existing
~rado, having it prlndpat office at C1O )awes
Ines, Califortiue 94553 acrd et C!O Charles F.
Arizona 653T1, ltereir-efter referred to es
fy 9etvices Inc., a corporation orgetdzxd and
~ of Cobrado, having im principal office at 303
~-spetr, Colorado, hereinafter referred to es the
gam, The Owtrer hereby tearpbys and
Agent hereby accepts employment and
:onditions herelnatffer provided, as exclusive
c but7ditrg commonly known as The Ute City
reef number 302-306 South Galena, Aspen,
i the 'But7ding."
2. Services To Be Per,~gph The Agent shell perform the
following services:
(a) Moving of Tenants. the moving in and out of tenants, and
so far as possible, arrange the and tithes thereof tao that there shall be a
minimum of disturbance to the o bons of the Building and of itr~nveniettce
to other ttetrants.
(b) Hiring and Firing of terurtrce Empbyees. Cause to be hired, paid
and supervise, all persons , fn the Agent's opinion, in be empbyed in
order properly to maintain and rated the BuiWitrg, and, in each instance, such
petsotrs shall be the AgteM's and not the Owner's employees; and cause to be
discharged, ell persons or undesirable, which in the Agent's
opinion, should no longer be employed. Agent shall carry workmen's
twarpetrsation insurance on all of its employees who perform work in, an or in
contraction with the Building.
(c) Collection of Rents. tenants for rent and oar tenant charges, and
use its best efforts to eol~ect s tent and other charges, and when end as the
Agetrt shall deem it proper and ex nt, serve notices upon tenants to quit
~.~
Ili WRNI3SS WHETtEOF, the F
day and year first above written.
,.~
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hereto have executed this agreement the
ARCADES ASSOCtAT~ LTD.
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Cox
F.
ROBERT 7• SIVYDER REALTY
.-~ ^^.
GMQS E}~TION BY PLANNING DIRECTOR
Application Package Contents
Attached is a Development Application package for submission of
your application. Included in this package are the following
attachments:
1. Application Form
2. Description of Minimum Contents of Development Application
3. Description of Specific Contents for Submission of your
Application
4. Copy of Review Standards for your Application
5. Public Hearing Notice Requirements Summary
6. General Summary of your Application Process
Generally, to submit a complete application, you should fill in
the application form and attach to it that written and mapped
information identified in Attachments 2 and 3. Please note that
all applications require responses to the review standards for
that particular development type.
We strongly encourage all applicants to hold a pre-application
conference with a Planning Office staff person so that the
requirements for submitting a complete application can be fully
described to you.
Please also recognize that review of these materials does not
substitute for a complete review of the Aspen Land Use
Regulations. While this application package attempts to
summarize the key provisions of the Code as they apply to your
type of development, it cannot possibly replicate the detail or
the scope of the Code. If you have questions which are not
answered by the materials in this package, we suggest that you
contact the staff member assigned to your case or consult the
applicable sections of the Aspen Land Use Regulations.
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ATTACHMENT 2
Minimum Submission Contents for all Development Applications
All development applications shall include, at a minimum, the following
information and materials:
1. The applicant's name, address and telephone number, contained
within a letter signed by the applicant stating the name, address
and telephone number of the representative authorized to act on
behalf of the applicant.
2. The street address and legal description of the parcel on which the
development is proposed to occur.
3. A disclosure of ownership of the parcel on which the development is
proposed to occur, consisting of a current certificate from a title
insurance company, or attorney licensed to practice in the State of
Colorado, listing the names of all owners of the property, and all
mortgages, judgments, liens, easements, contracts and agreements
affecting the parcel, and demonstrating the owner's right to apply
for the Development Application.
4. An 8-1/2" x li" vicinity map locating the subject parcel within the
City of Aspen.
5. A written description of the proposal and an explanation in
written, graphic or model form of how the proposed development
complies with the review standards relevant to the Development
Application.
:t******************,t******:*****,t***:**********************************
ATTACHMENT 3
Specific Submission Contents: GMQS Exemption
The Development Application for GMQS Exemption shall include the
following:
1. A sketch plan showing the proposed development of the site which
illustrates those features which are relevant to the Development
Application.
2. Drawings of the elevations of the proposed development, depicting
its proposed appearance in sufficient detail such that an
evaluation of visual impact can be made.
City of Aspen
Pre-Application Conference Summary
P an~r at
Project ~ C~ ~--t~v~ ~ ~ ~
The applicant has been requested to respond to the following items and provide the following
reports:
Land Use Code Section Conuneufs
c_~-`~- ~`!`~- ~
Referral Agencies
~'
The review is
Public Hearing:
only) (CC. only) (Y&L and l:(L)
Deposit for the Application Review: ~
Referral agency flat fees:
TOTALUEPOSIT
(Additional hours are filled at a rate
To Apply Submit the Following L-formnfiou:
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1. Proof of ownership.
2. Signed fee agreement.
3. Applicant's name, address and telephone number in a letter signed by the applicant
which also stales the name, address and fete hone number of the representative.
4. Total eiepeait for review of the application ~~~_.
5. ~ copies of the complete application packet and maps.
6. Summary letter explaining the request (existing conditions and proposed uses), including
street address and legal descripuon of the property.
7. An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen.
8. Site plan shall include property boundaries, lot size, proposed access, and pl-ysical
features (drainageways, streams, rivers, etc.)
9.
10.
These items need to be submitted if circled:
a. List of adjacent property owners within 300 feet of the subject property with addresses.
6. Site photos.
~~ Proof of legal access to the ~~arcel.
d. Historic Preservation Commission review/apyroval.
Representative's Phone U ~ c~ - l n Gl LI LI '
Owner's Name -r