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Land Use Case.711 E Cooper Ave.31-80
5- City Market Variance -1 -- r., 7/ c E e a>pe, A oe 202€IL %4 -SAD · 4 ?0 SBAA,LAJ=,--7--4 %. ,. 1/1 i -=26* r f 1 1 . I . No. 31-80 CASELOAD SUMMARY SHEET City of Aspen 1. DATE SUBMITTED: July 1. 1980 STAFF: Sunny Vann 2. APPLICANT: City Market - David Mack (Corporate Architect) Box 729, Grand Junction, 81502 3. REPRESENTATIVE: see above 4. PROJECT NAME: City Market Request for Expansion 5. LOCATION: 6. TYPE OF APPLICATION: Rezoning Subdivision Stream Margin P.U.D. Exception _ 8040 Greenline Special Review Exemption View Plane Growth Management 70:30 Conditional Use HPC Residential Bonus / Other 7. REFERRALS: Attorney Sanitation District School District Engineering Dept. Fire Marshal Rocky Mtn. Nat. Gas Housing Parks State Highway Dept. Water Holy Cross Electric Other City Electric Mountain Bell 8. REVIEW REQUIREMENTS: i 11 1 11 .-4 r ' 9. DISPOSITION: P&Z / Approved 4 Denied Council Approved Denied Date 10. ROUTING: Attorney Building Engineering Other -- 1 . I j MEMORANDUM TO: City Council FROM: Jay Hammond, Assistant City Engineer J~ DATE: March 5, 1982 RE: Proposed Change to Original Street Encroachment at City Market All -h j Approved for submission to City Council £'OZE,·0£/ tf' 44*«.2. /'City Mana~r Background 9 9 This application is a request by City Market to construct a permanent roof over the loading dock on the northeast corner of their building at Cooper and Original. There currently exists a loading area with a small shed and planter extending into the right-of-way for which an encroachment license was granted on May 6, 1981. The license serves to protect the City from liability and, more importantly, reserves the City's right to require removal of encroaching structures on 30 days notice for whatever reason by a resolution of the City Council. Several weeks ago, the planning office referred this matter to us inquiring as to whether the changes could be approved without application to Council. It was our feeling, however, that since the license had been approved by the Council and could only be revoked by you, that any alterations be reviewed and approved by Council. Subsequently, I met with a representative from City Market and requested that they make application to the Council detailing the proposed construction and the changes that would result in the size of the encroachment. The letter and sketch they then submitted fails to respond to virtually everything I asked for so the following is an attempt to detail the proposed changes as I understand them. 1. The proposed structure extends approximately 17 feet from the easterly wall of the existing building. This would result in an encorachment into the Original Street right-of-way of about 5.5 feet versus the current 8.8 feet. 2. The reduction in the encroachment would result in improved site lines around the corner. 3. The revised design would improve the appearance of the Page 2 March 8, 1982 Proposed Change to Original Street Encroachment at City Market corner, matching the existing building and eliminating the old shed, fence, and visible boxes and trash. 4. The proposed structure is significantly more permanent than the existing shed and fence. Despite the comments in the ap- plicant's letter, the Engineering department does not feel the City should give up its ability to require removal of the encroaching structure for any reason at any time. Recommendation Recognizing the importance of City Market as a grocery store in the downtown area, and the spirit in which the original encroachment was granted we recommend approval of the new structure and continuation of the encroachment license subject to several conditions. Council Action If council approves, the motion should read as follows: I move to approve the proposal for a dock cover at the northeast corner of the existing building subject to the following conditions: 1. The applicant shall submit plans to the building department sufficient to obtain a building permit. 2. Provision of either a wider sidewalk or landscaping at grade along the Original Street right-of-way vacated by removal of the old shed and fence. 3. Submission and recordation of both a revised PUD plat and encroachment agreement reflecting the reduced encroachment into Original Street. 4. The revised encroachment agreement should, subject to confirmation by the City Attorney, be substantially the same as the May 6 agreement, maintaining the ability of the City to require removal. JH/co /73J% P /1 A R --113 1.1 11 e ·Rl M # ~5747/4:40/ Ul.15*ictl Nuu·.cile.re.Le .lue. P.O. Box 729, Grand Junction, Colorado 81502, (303) 241 -0750 March 1, 1982 City Council Town of Aspen In an effort to clean up our existing loading dock and outside storage area at our store number 16, City Market has proposed to the Building Department a permanent dock cover. (see en- closed drawing). As you can see, this project will be a major improvement to the existing conditions at our store. This new structure will replace our existing wood shed, and will fall within the boundaries as described in our encroachment li- cense (dated 6th day of May, 1981). Paragraph 7 of this license indicates that the City Council of Aspen may at anytime revoke this license and require City Market to remove this structure. Through the advice of the engineering department, we are requesting a revision to this provision, that our permanent dock cover will , not be requested to be removed. The engineering department, the building department, as well as the planning department have reviewed this project and find no problems except for this small matter. We appreciate your attention to this item. YOURS VERY TRULY, Mvold- 4,*:42 David K. Mack Corporate Architect -- /4 -' 'h . 1 ... -'r . r. 'i Of h/ 4.-7 BOOK 410 PAGE 512 EXHIBIT A TO: Paui Taddune, City Attorney FROM: Fritz Bruggemeier, Project Engineer DATE. June 22, 1981 RE: Estimated Construction Schedule and Cost Estimate COST ESTIMATE The City will require a $20,000.00 cash escrow for the construe- tion of, (a) Removal of 250 square yards of sidewalk and the replacement of 252 square yards of sidewalk. (b) Removal of approximately 470 linear feet of existing curb and gutter with replacement of approximately 470 feet of new curb and gutter. (C) Removal of approximately 77 square yards of driveway with the new installation of approximately 77 square yards of drive- way. This total equals approximately $20,000.00. We would anticipate the construction schedule for the above pro- ject shall be completed by October 31, 1981, the last day the City can issue excavation permits for the construction in a public right-of-way. We would allow City Market between now and that time to complete the above items. If the above items have not been compieted by October 31, 1981, we would anticipate collecting on the $20,000.00 cash escrow. 4,1/¢/ 811 GWernpy bt. 01 al- 'RE Dolid tant- n 00 4 (f«/ 1 c 30 %· ~06-L OAA,» Co 5/ 4/1 First National Bank in Aspen T. S. Starodoj, 11 President June 25, 1981 City of Aspen c/o Paul J. Taddune City Attorney 130 South Galena Street Aspen, Colorado 81611 Gentlemen: We have on deposit at the First National Bank $20,000.00 in the account of City Market Escrow Account #004-9053. Pursuant to the terms of the Subdivision/PUD Agreement between the City of Aspen and City Market, Inc., the City shall have the unconditional right, upon default by City Market, Inc., to withdraw funds upon demand to partially or fully complete and/or pay for any improve- ments referenced in the said agreement or pay any outstanding bills for work done thereon by any party. Sincerely, Thomas S. Staroddi President City Market, Inc. hereby acknowledges and accepts the above terms and conditions. CITY MARKE -INC. By/1 0 2 ..7.:<~4<~~-30$&0 C Everett Webb TSS:tvm First National Bank P.O. Box 3318, 420 East Main Street, Aspen, Colorado 81611 303/925-1450 A Financial Service of. Bald,win , MEMBER FEDERAL DEPOSIT INSURANCE CORPORATION 44&*474 Box 729, Grand Junction, Colorado, 81502 (303) 241-0750 Joseph C. Prins:.er, President, City Market, Inc. June 24, 1981 Mr. Paul Taddune City Attorney Aspen, CO 81611 Dear Mr. Taddune: As per Exhibit A on the Subdivision/PUD Agreement for City Market, please be notified that we will deposit with the First National Bank Escrow Department in Aspen a $20,000 Certificate of Deposit. It is our intent to have the required sidewalk replacement contract completed much in advance of the stated October 31, 1981 date. We would appreciate a release from your office on the date of completion and acceptance by whatever agency would certify this work. Thank you very much. 1426-«.04_- 86seph C. Prinster President JCP:sl F. *Tt~'*,0-20) 1 -bc -ra¥ u.& 9,1,/vis bl-A e-·,r*. tfXID-* Pett« Cal -DWAR,f- (11,1,514%,3 rETRA *~ i/D ~54<Nt,ru~lf» -f'*69 «fel» » C 4 4%6 .A/"s Lic_ l I ?6 17 k- C/1. ' .., 22'Cati» 0- 2 83 9 9 6 2 :20 2 -- V --r .- ~P AVEE: DETACH THISSTATEMENT BEFORE DEPOSITINd CHECK 38/Fr CITY MARKET, INC. - STORE NO. 16 - ASPEN, COLO. DISCOUNT OR DATE INVOICENO. DESCRIPTION AMOUNT NETAMOUNT DEDUCTION 6-26-9, 447:71 *- 4- 31.00 3/..00 92 -w- e tx D t -3 ..f Recpetion NO Recorded at 2:30PM June 26, 1981 Loretta BannRE corder 0% 17*44 e.410 ea506 SUBDIVISION/PUD AGREEMENT THIS AGREEMENT, made this day of , 1981, by and between the City of Aspen, Colorado (hereinafter referred to as "City") and City Market, Inc. (hereinafter referred to as "Subdivider"). WITNESSETH: WHEREAS, the Subdivider has submitted to the City for approval, execution and recordation, a final plat (hereinafter "the plat") concerning the expansion of building owned by Sub- divider located at 711 Cooper Avenue, City of Aspen, County of Pitkin, State of Colorado, commonly known as the City Market. WHEREAS, on September 2, 1980, the Aspen Planning and Zoning Commission granted Subdivider a variance from the square footage limitations of Section 24-3.6 of the Aspen Municipal Code for the purpose of expanding its building an additional 3,500 square feet, which has the net effect of permitting approxmately 700 square feet of space over the maximum gross floor limitations (15,000 square feet), and WHEREAS, upon receipt of said variance, the Subdivider sought subsequent approvals froin the City for purposes of receiving a reduction in the parking requirements of the Aspen Municipal Code (Section 24-4.5) and waivers of the open space requirements in the Neighborhood Commercial (NC) zone district (Section 24-3.4), pur- suant to the Planned Unit Development provisions of Section 24-8.1 et. seq. of the Aspen Municipal Code, and WHEREAS, having made a Planned Unit Development application for reductions in the parking requirements and waivers of the open space requirements, the Subdivider received conceptual approvals before the Planning and Zoning Commission and the City Council on February 24, 1981, and March 9, 1981, respectively, and WHEREAS, on April 21, 1981, the Planning and Zoning Commis- sion granted preliminary plat (PUD) approval subject to specific Boop.410 2900' I 1 conditions and on May 26, 1981, the City Council granted final plat (PUD) approval and also accepted an encroachment license, subject to specific conditions, and WHEREAS, the City Council is willing to approve, execute and accept for recordation the plat on the condition that Subdivider agree to all matters contained in this agreement, and WHEREAS, the City desires to impose certain conditions and requirements in connection with its approval, execution and recordation of the plat, as are necesasry to protect, promote and enhance the public welfare, and WHEREAS, the Subdivider is willing to acknowledge, accept, abide by and faithfully perfrom all of the conditions and require- ments imposed by the City, and WHEREAS, pursuant to Sections 20-16(c) and 24-8.6 of the Aspen Municipal Code, the Subdivider is required to provide assur- ances that it will faithfully perform the conditions and require- ments as hereinafter agreed to prior to the City's acceptance and approval of the final piat; NOW, THEREFORE, in consideration of the premises, the mutual covenants herein contained, and the approval, execution and acceptance ot the plat for recordation by the City, it is mutually agreed as follows: I. CONSTRUCTION OF IMPROVEMENTS Subdivider and its assigns shall be responsible for the con- struction and installation of all improvements required by Section 20-16(a) of the Aspen Municipal Code, and as are indicated on the plat. The nature, extent and estimated cost of such improvements shall conform to the schedule annexed hereto and made a part here- of as Exhibit "A". II. FINANCIAL ASSURANCES Pursuant to Section 20-16(c) of the Aspen Municipal Code and prior to the issuance of any permits for construction, Subdivider 2 irL,· 41.0 e.ir. 509 shall provide a guaranty for no less than one hundred percent (100%) of the estimated costs of the improvements indicated on Exhibit "A" annexed hereto and made a part hereof and as app roved by the City Engineer. The guaranty to be provided by Subdivider shall be in the form of a cash escrow with the City or a bank or savings and loan association; or shall be in the form of an irrev- ocable site draft or letter of commitment from a financially responsible lender; and such guaranty shall give the City the unconditionai right, upon default, by the Subdivider, or its suc- cesors or assigns, to withdraw funds upon demand to partially or fully complete and/or pay for any improvements or pay any out- standing bills for work done tnereon by any party. As portions of the improvements are completed, the City Engineer shall inspect them and, upon approval and acceptance, he shall authorize the release of the agreed estimated cost for that portion of the improvements except that ten percent (10%) of the estimated cost shall be withheld until all proposed improvements are completed and approved by the City Engineer. The Subdivider, its successors and assigns shall and hereby agree to provide unto the City a warranty as to all improvements for a period of one (1) year from and after acceptance by the City of such improvements. The Subdivider, its successors and assigns shall further guarantee by a maintenance bond or other suitable means, the repair of any existing improvements damaged during the course of construction of new improvements pursuant to the provisions of this Article. III. PARKING SPACES The Subdivider, its successors and assigns shall designate and provide thirty-five (35) on-site parking spaces meeting the requirements of Article IV of Chapter 24 of the Aspen Municipal Code, as such parking spaces are indicated and designated on the plat. 3 309:. 410 p.183 509 IV. OPEN SPACE The requirements of Section 24-8.19 of the Aspen Municipal Code regarding open space and COInmon facilities maintenance agree- ment are inapplicable to the project, since the requirements of Section 24-3.4 of the Aspen Municipal Code have been and hereby are waived by the City. MISCELLANEOUS A. The provisions hereof shall be binding upon and inure to the benefit of the Subdivider and City and their respective suc- cessors and assigns. B. This Agreement shall be subject to and construed in accordance with the laws of the State of Colorado and the Munici- pal Code of the City of Aspen. C. If any of the provisions of this Agreement or any para- graph, sentence, clause, phrase, word, or section or the applica- tion thereof in any circumstance is invalidated, such invalidity shall not affect the validity of tne remainder of this Agreement, and the application of any such provision, paragraph, sentence, clause, phrase, word or section in any other circumstance shall not be affected thereby. D. This Subdivision/PUD Agreement contains the entire understanding between the parties herein with respect to the transactions contemplated hereunder and may be altered or amended from time to time only by written instruments executed by each of the parties hereto. E. Numerical and title headings contained in this Agreement are for convenience purposes only, and shall not be deemed deter- minative of the substance contained therein. F. Any notices required to be given to the parties to this Agreement shall be deemed to be given if personally delivered or deposited in the United States Mail to the parties by registered or certified mail at the addresses indicated below; 4 *0,410 nargl n 1 9.0- U -L (2 City of Aspen City Manager 130 South Galena Street Aspen, Colorado 8i 611 Subdivider or its successors or assigns City Market, Inc. 711 East Cooper Avenue Aspen, Colorado 81611 IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals on the date and year respectively indicated in full understanding and agreement to the terms and conditions nerein contained. CITY OF ASPEN A Colorado Municipal Corporation rh /1 By 11«341L e_ Herman Edel Mayor ATTEST: Uum) 4 UD Kathryn '20 'Koclf City C16rk APPROVED AS TO FORM: Paul J. Taddune City Attorney STATE OF COLORADO ) ) SS. County of Pitkin ) The above and foregoing PUD/Subdivision Agreement between the City of Aspen, Colorado, a Municipal Corporation, and City Market, Inc. , was acknowledged before ine this ci?'52£2 day of , 1981, by Herman Edel, Mayor, an~Kathryn S. Koch, City Clerk, of the City of Aspen. @,t" 1 WITNESS MY HAND AND OFFICIAL SEAL. . My Lcoinmiss ion expires : 3 Cau/13 '4'-' D '. 2-ff · . 4/7 102 : uuo~ 0.6-1.0~k-, ·. hit r. 0 1- 4 J r Notary P -llc U 5 =4. pot 410 pucil CITY MARKET, INC. A rb· _#- .U-_pit'L-~ Tj/Efe ~ ATTEST: T jle j STATE OF COLORADO ) ) SS. County of Pitkin ) The above and foregoing PUD/Subdivision Agreement between the City of Aspen, Colorado, a Municipal Corporation, and City Market, Inc. , was ackng¥ledged before me this £=240#~ay of £0~€92 1981, by .(10591[ C. F/KINWEK as the /2/115)DiA-7~ and E-UC' 22,4€ r. #Al?£ A-Ty as tial/MJ,?%<7>rths.¥ Sic:9 J of City Market, Inc. WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: My Commaston expkes January 2(* 29532 ; 4 '' - 1 - E * t D , I f ...1.,4 9 H 1 Notary Publ~1/ (/ I '' - 6 PROPOSED IZEDCKS 6 OVE12_ 6 1 -E>/ MA 12® E 7- -STORE 111 I e - ASFEAL, Louog44©0 - - 5137-E '. 1 '2-/-1 fe \ 1, T -OT7»·U=*...[ Cs, E.'6»60/1 ble-r* L. 2.069= T N ·.2 50 06 PEL=r -7 5044 67-UPS E /- . 1 52- " C,/C- -·- €43" pl-44£0 24420.-114/,16, I. i -----1% 6, TPU€'~ 'r,OurT- TO Eir,< 43 K. 1 © 4 67 t-;T~ - <16- n-*t lil ~ ·f. L -\« 5/ B l' EcluTS -10 601-16 24,1 2 .2.4-0 04 .-- 4 ers,AE- Fts,L»Ato O' 1.-r Wi-- 8 6.1,=c 1 4141 0, 4-#01 6, 6 . V 212'7 <DU;22 -\VAL<- <2 1 62 0 6 1 1'3 ' 1, 1-9 - W R I 140 I 6.- 1,9 1 j €l=11 : 0 t 1- - 1 1 1 1 3 52 '- G -7 0,0 F e 0 -Pr =0 L -* 4.-4- 6 cd 16' 4.-/6 1.- ..1- & -F p ,--- w . 1- I) '3:v E-1-, ' f'' / 1 0 .1 10,-1 . Litr·.tn.4.-- .--.225- . I i A i , E ,; i :ES> E<L,-r ' COP-~ T H ta_L.) 'Czex=..14:Z- I t , ..1 1 41 64 . 11 12.2 1 --1 N -1 ·-1 ---·4 '- -7<.7 -~ -- 1 Ch·.447.»V-Mr 1.3 - -:2 <lot..4 ---- ' i»=2}W 3.? 1 01.1 21 v 0 - , 4 8 - 0 1 1 -2 021 . ·-i -77,-4,2/157353; 'pl'C:, ~ 61 0 -6/1 1 0 -,-6 1 1 - ~ -179 9,-40 7 .4 , . 4 , /. C,/49 SAUL-> 1, / I , '- 1 - 1.- . ,ar,9 F , 1 ' O lEi ' =ralv +23 0 r€L'-a - cr:an'i ~ cr.22]Al d DP (,191>9 -E!/Vvt}z7 / a Oil 19 /1 b - p 42 1 1* A 3 -1 33 - - 3301 €2 -L 1 - ' tr~ - *.- 1 M I.1.9 1-*-33 117_1"" 0-L 1 . . 09 Ti 1 -7 •7~4 23 71:2-19 - L.-11 4- f-1* f«9 , l '- 1 41 i 1, J '1 - 1 --I Tr- W= - - 4111·- 0 11 1. 1 11 ' - -- 41.229 113'1 M#99 -Or! Cit·+7-47 -7- 1 3 - 11 1 1 - . 2 1 04 1, - , 0 -; 1 j, 6/~1 - -1-ruct=4 -2.2 13?h=r-la 6---4 1 ., 1 1 · '' (6 M +» \ 1- 234?11 I , , 1 - - 7-:Mgor-9 ' 4,0. 1-- _ -* • ' lip 964,-<aw,- 3 iN'·15993 / - j 3 1 : il u , 1 7 - 0 l 2,01 1 -lvt 1.19*52 €41 tchek>' ·/ - it /661~£41 4 + 6 * to - M Rai#i"-6 MU ~Ini. /4 [/ F ~ Box 729, Grand Junction, Colorado,81502 (303) 241 -0750 June 12, 1980 Karen Smith *At i t , 1/ - '1 5.4 ~ Ti \ t Aspen/Pitkin Planning Of¥cp .~ U f¥- Ch 130 S. Galena Street Aspen, Colorado 81611 8 Dear Karen, Thank you for the copy of the Aspen Code applicable to our project. I believe this will clear up a lot about our proposed remodeling and hopefully allow us to appear only before the Board of Adjustments con- cerning our parking problem. Through an addition of 1200 square feet to the front of our store and extensive remodeling both on the ground floor and the basement, we pro- pose to do the following changes in our building square footage: 1) Increase our sales floor to 10,355 sq. ft. 2) This will leave 2,957 sq. ft. of "storage and accessory uses" (sec. 24-3.6 (d)) on the ground floor. 3) We also intend to utilize 1370 sq. ft. of the basement for "accessory uses" i.e. meat preparation, toilets, lounge and office. The total of these three figures is 14,682 sq. ft., within the allowable 15,000 sq. ft. limits set by Sec. 24-3.6 (d). The remainder of the now vacant basement will become storage, (dry goods, meat, and frozen items). According to the introduction to section 24-3.6 "commercial businesses shall be restricted to a maximum gross floor area, excluding any basement area used exclusively for storage (except commercial storage) purposes ---". I interpret "commercial storage" to mean warehousing, or else all storage for commercial uses would fall into "commercial storage" and this exclusion wouldn' t make sense by its contradictory nature. Therefore, I hope. you will agree that our proposed addition and remodeling in no way violates the present Aspen Code and that we may proceed in our attempt to upgrade this facility in a manner compatible to the high standards of both the City of Aspen and City Market. Yours truly, DA» M /9,04:> David Mack Corporate Architect cc: Building Inspector , , 1- C: Title Insurance Policy ~o. co 193358 -0 Issued by 0 Transam[WICH Title Insurance Company a California corporation, hereinafter called the Company, iii consideration of the premium which has been paid for this Policy, does insure the person, corporation or other entity, designated as the Insured in Item 1 under Schedule A, hereinafter called the InSllred, the heirs, devisees, personal representatives of such Insured, or, if a corporation, its succes- sors by dissolution, merger or consolidation, against loss or damage riot exceeding the amount of this Policy as shown in Schedule A, together with costs, attorneys' fees and expenses which the Company may Become obligated to pay as provided in the Conditions and Stipulations hereof, which the Insured shall sustain by reason of: 1. Any defect in or lien or encumbrance on the title to the estate or interest covered hereby in the land described Or referred to in Schedule A, existing at ·the date hereof, not shown or referred to in Schedule B or excluded from coverage in Schedule B or in the Conditions and 1, Stipulations; or 2. Unmarketability of such title; or 3, Lack of a right of access to and from land; all subject, however, to the provisions of Schedules A and B and to the Conditions and Stipulations hereto annexed; all as of the effective date of this policy, as shown in Schedule A. In ]Vitness It-hercof, the Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers, Transamericabtle Insurance Company 1-2 1-- · il By V President. Attest 14« Secretary 44 3 \/1 1101 ulthorized Officer ar Agent SCHEDULE A ~ ORDER NUMBER 465157 AMOUNT $200,000.00 30th December 70 Dated this Any of 1 , 19 , at the hour of 8:00 0'clock A.M. 1. The name of the insured and the estate, or interest of the insured in the land described below and cov- ered by this policy is as follows: CITY MARKET, INC. , a Colorado Corporation, in fee simple. 2. The land, the title to which is insured, is described or known as follows: Lots A, B, C, D, E, F, G, H, and I, Block 106, in and to the CITY AND TOWNSITE OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO. SCHEDULE B This Policy does not insure against loss or damage by reason of the following: 1, Rights or claims of parties - possess,on r,01 shown of fecord, including unrecorded eosements. 2. Discrepancies, conflicts in boundary lines, shortoge in oreo, encroachments, or arty other facts which a cor- reel survey would disclose, ond which ore not shown by the public records. 3. Mechanics liens, or any rights thereto, where no notice of such liens or rights oppear of record. 4, Taxes and assessments not yet due or payable; and Special Taxes or Assessments certified to the office of the County Treasurer subsequent to: the date hereof. Any and all unpaid taxes and assessments, 5. Deed of Trust from C. T. Sheehy to the Public Trustee of Pitkin County for the use of Michael J, Garrish, to secure $155,000.00, dated September 27, 1967, recorded September 28, 1967 in Book 229 at Page 446. Sheet 1 of 2. 10!,cy No. CO 193358-0 ·!?!CAL :It AL«.71.21' ' h POL'C 7 -- S' At,r)'.rn lop'.1 8 1962 ORDER NUMBER SCHEDULE B 465157 CONTINUED . , 6. Reservations as contained in the United States Patent to the Townsite, dated March 3, 1885 and recorded in Book 11 at Page 162, as follows: Provided that no title shall be hereby acquired to any mine of gold, silver, cinnabar or copper or to any valid mining claim or possession held under existing laws. 7. Lease dated October 16, 1967 recorded July 10, 1968 in Book 235 at Page 485, between C. T. Sheehy, Lessor, and Alpine Markets, Inc., Lessee, covering the above described land, for a term from the 16th day of October, 1967, to the 16th day of October, 1977. 8. Any tax, assessments, fees or charges by reason of the inclusion of subject property in the Aspen Fire Protection District and in the Aspen Sanitation District. 193358-0 AMERICAN l AND hILE ASSOCIATION .1 VNERS POLICY - STAN[)ARD FORM B.1962 4MkRICA11 LAND TITLE ASSOCIATION OWNER·S POLIC,~ ·' .RD FORM 8.1962 , - L# Conditions and Stipulations 1. DEFINITION OF TERMS to establish the title as insured; and the Company may take 8. COINSURANCE AND APPORTIONMENT . any appropriate action under the terms of this policy wheth- The following terms when used In this policy mean: er or not H shal] be liable thereunder and shall not thereby (a) In the event thal a partial loss occurs after the In- (a) ··land": the land described, specifically or by ref- concede liability or walve any provision of this policy. sured makes an Improvement subsequent to a date of thls erence, tn Schedule· A and improvements afflxd thereto (d) In all cases where th!, policy permits or requkres policy, and only In that event, the Insured becomes a coln- which by law constitute real property; the Company to prosecute or prcivide for the defense of any surer to the extent hereinafter set forth. (b) -pubtle records·': those record, which Impart con- action or ploce/ding, the Insured shall secure to It the right If the cost of the Improvement exe·prds twenty per centum to so prosecute or provide defense hi such action or pro- of the amount of this policy, such proportion only of any structlve notice of matters relating to said land: m ding, and all appeals therein, and permit il to use, at Its partial loss est„blly:hed shall be borne by the Canpany as (c) '·knowledge": actual knowledge, not constructive option, the mme of the Insured for such purpose. Whenever one hundred twenty per centum of the amount of thts pollcy knowledge or notice which may be Imputed to the Insured requested by the Company the Insured shall give the Com- bears to the sum of the amount of this policy and the by reason of any public records: and pany all reasonable aid In any such action or proceeding, 111 amount of this policy and the amount expended for the im (d) "date'N the effective date. effecting settlement, securing evidence, obtaining witnesses, provement. 7'he foregoing provisions shall not apply to costs or prosecuting or defending such action or proceeding, and and attorneys' fees incurred by the Company in prosecuting 2. EXCLUSIONS FROM COVERAGE OF THIS POLICY the Company shall reimburse the Insured for any expense or providing for the defense of actions or proceedings in S. incurred. behalf of the Insured pursuant to the terms or this policy Thls po.icy does rot insure against loss or damage by rea- or to costs imposed on the Insured in such actions or pro- son of the following: 4. NOTICE OF LOSS-LIMITATION OF ACTION ceedings,·and shall apply only to that portion of losses which exceed in the aggregate ten per cent of the face of the policy. (a) Any law. ordinance or governmental regulation In addition to the notices required under paragraph 3 (b), Provided, however,. that the foregoing coinsurance pro- C Including but not limited to building and zoning ordi- a statement in writing of any loss or damage for which tt visions shall not apply to any 10.8 arising out of a lien or nances j restricting or regulating or prohibiting the occu- Is claimed the Company is liable under this policy shall be encumbrance for a liquidated amount which existed on the pancy, use or enjoyment of the land, or regulating the furnished to the Company within sixty days after such loss date of this policy and w'as not shown in Schedule 13; and character, dimensions, or locatton of any !mprovement or damage shall have been determined and no right of action provided further, such coinsurance prc,visions shall not apply now or hereafter crected on said land, or prohibiting a shall acerue to the Insured under this polley until thirty to any loss if, 2.t the time of the occurrence of such loss, separation in ownership or a reduction in the dimensions days after such statement shall have been furnished, and no the then value of the premlses, as so Improved, does not ex- or area of any lot or parcel of land. recovery shall be had by the Insured under this policy unless cerd one hundred twenty per centurn of the amount of this tb) Governmental rights of police power or eminent action shall be commenced thereon within five years after policy. dornam unless notice of the exercise of such rights appears expiration of said thirty day period. Failure to furnish such In the public records at the date hereof. statement of loss or damage, or to commence such action (b) If the land described or referred to in Schedule A (c) ntle to any property beyond the lines of the land within the tlme hereinbefore speelned, shall be a conclusive Is divisible into separate and noncontiguous parcels, Or H e:pre/sly described or referred to in Schedule A, or title to bar against Int~nlenance by the Insured of any action under contiguous and such paicels are not used as one Mingle 8lte. and a Inxs ts established affecting one or more of said parcels areas within or rights or easements In any abutting streets, this policy. but not all, the loss chan be computed and settled on a pro roads, avenues, lanes, ways or waterways (except to the rata basis as H the ti~{·e amount of this policy was divided extent the right of access to and from said land is covered 5, OPTION TO PAY, SETTLE OR COMPROMISE CLAIMS Pro rata as to tlle value on the date of this policy of each by the In-ring provisions of this policy). or the right to separate independent parcel to the whole, exclusive of anyy maintain therein vaults, tunnels, ramps or any other struc The Company shall have the option to pay or seltle or Improvements made subsequent to the date of this policy lure or improvement, unless thls policy specifically provides compromise for or in the name of the Insured any claim in- unless a liability or value has otherwhe been agreed upol thal such titles, rights or easements are tnsured. sured arainst or to pay the full amount of this policy and as to each such parcel by the Company and the Insured at id + Defects. liens, encumbrances adverse claims against such payment or tender or payment, together with all costs, the Urne of Ihe is:>uane€· c,f this policy and shown by an ex- the title 25 insureid or other matters (1 J created, suffered, attorneys' fees anl expenses which the Company is obligated press statement herein or by an endursemtnt attached hereto assumed or agreed to by the Insured; or (2) known to the hereunder to pay, shall terminate all liability of the Com- Insured elther at the date of this policy or at the date such pany hereunder. 9. SUBROGATION UPON PAYMENT OR SETTLEMENT Insured aquired an estate or Interest insured by this policy and not shown by the public records, unless disclosure there- 6. PAYMENT OF LOSS of in wrl,ing by the Insured shall have been made to the Whenever the Company shall have settled a claim under this polky, all right of subrogation shall vest In the Com Company prior to the date of this policy; or (3) resulting (a) The liability of the Company under this policy shall pany unaffected by any act of the Insured, and it shall be in no loss to the Insured: or (4 ) attaching or created sub- In no case exceed, in all. the actual loss of the Insured ad subrogated to and be entitled to all rinhts and remedies sequent to the date hereof. costs and attorneys' fees which the Company may be oblk which the Insured would have had against any person or i e, Ims or damage which would not have been sus- gated hereunder to pay. property in respect to such claim had this policy not been tabied if t,·r 1, gured were a purchaser for value without (b) The Cuinpany w!!1 pay, in addition to any loss In- Issued. If the payment does not cover the loss of the In- sured against by this policy. all costs Imposed upon the Insur- sured. the Company shall be sulrogated to such rights and ed in litigation carried on by the Company for the Insured, remedies in the proportion which said payment brars to the 3. DEFEN5E AND PROSECUTION OF ACTIONS-NOTICE and all cost:; and attorneys' fees in litigation carried on by ainount of said lobs. M loss should result from any act of OF CLAIM TO BE GIVEN BY THE INSURED the Insured with the.written authorization of the Company. the Insured. such act shall not void this p<)]Icy, but the CoIn la) The Company, at Its own cost and without undue Ie) No claim fi,r damages shall arise or be maintainable Pany. In that event, shall be required to pay only that part delay, shall provide for the defense of the Insured tri all under this policy (l) H the Company, after having re- of ati y losses insured against her/under which ihall exceed Iltu:ation consisting of actions or proceedings cominenced ceived notice of an alleged defect, lien or encumbrance not the amount, If any, lost to the Company by reason of the against the Insured. or defenses interposed acallist a sale excepted or excluded herein removes such defect. lien or impalrment of the right of subrogation, The insured, 11 re encurnbrance within a reasonable time after receipt of such quesled by the Company, shall transfer to the Company a., o f the estite in said land which Htiration in any of such events is founded upon In alleged defect, ]!en or encum- notice; or (2) for liablitty voluntarily assumed by the In- rti:hts and remedies arainst any person or property neces- brarice Insured agalnst by this policy, and may pursue such cured in settling any claim or suit without written consent sary In order to perfect such rll:ht of subrogation, and shall of the Company: or (3) in the event the title is rejected as permit the Company to use the name of the Insured In ally litlgatton to final determination m the court of last resort. unmarketable becauge of a defect. lien or encumbrance not transaction or ]Ilitatic,n involving such rights or remedles. (b) In case any such action or proceeding shall be excepted or excluded in thls policy, until there has been a begun, or defenze interposed, or in case knowledge shall final determ!„anon by a court of competent jurisdiction 10. POLICY ENTIRE CONTRACT come to the Insured of any claim of title dr Interest which sustaining such rejection. 3. adverse to the title as Insured. or which might cause loss ( d) All payments under this Policy, except payments Any action or actions or rightR of action that the Insured or damage for which the Company shall or may be liable by made for m.ts, attorneys' fees and expenses, shall reduce the r·nay have or may bring al:ainst the Company arising out c' virtue of this policy or in the event the title is rejected as uririarketable by one who has leased or has contracted to amount of the insurance pro tanto and no payment shall be the status of the title insured herein must be based on the purcha,e. lease or lend money on the talld de,cribed ki sched- made without producing this policy for endorsement of such prov!'1(wis of thts policy. ule A hereof, the Insuled shall notify the Company thereof payment unless the policy be lost or destroyed, In which case No provision or condition of this policy can be waived or In writing- If such notice shall not be given to the Company proor of such loss or destruction shall be furnished to the changed except by writing endorsed herfon or attached here within ten days of the receipt of process or pleadings or if satistaction of the Company. to strned by the President, a Vice President, the Secretary, t}'e Insurrd shall not in writing, promptly notify the Com- (e) When liability has been definitely fixed In accord- an Assistant Seen>t'ry or other valldatkng officer of the pany of any defect, lien or encumbrance Insured iganist ance with the conditions of thi?; policy the loss or damage Company. which shall come to the knowledge of the Insured, or tf the shall be payable wlthin thirty days thereafter. Insured shall not. in writing, promptly notify the Company 11. NOTICES, WHERE SENT or any su€h rejection by reason of claimed unmarketabinty 7. LIABILITY NONCUMULATIVE of the tlne. then all liability of the Company in regard to All notlees required to be given the Company and any the subject matter of such action, proceeding or matter shall It is expressly understood that the imount of this policy statement in writing required to be furnished the Compariv cea-se a-nd terminate; provided, however, that failure to no- Is reduced by any a.mount the Company may pay under any shall be addressed to Transamerica Title Insurance Coin tify shall in no case prejudice the claim of any Insured un- policy Insuring the validity or priority of any mortgage or pany, 1720 California St., Denver, Colorado 80202. less the Company shall be actually prejudked by such failure deed of trust shown or referred to in Schedule B hereof or and then only to the extent of such prejudice, any mortgage or deed of trust hereafter executed by the (c) The Company shall have the right at its own cost Insured which is a charge or 1!en on the land described or to institute and prosecute any action or proceeding or do any referred to in Schedule A, and the amount so paid shall be other act which In its opinion inay be necessary or desirable deemed a payment to the insured under this policy. TransamericaTitle Insurance Co Transamerica Title Insurance Co MIDWEST DIVISION Title EXECUTIVE OFFICE DIVISIONS 1720 CALIFORNIA STREET, DENVER Insurance 534-9066 Policy Midwest Division Adams County 1720 California Street , 1720 California Street, Denver : Denver, Colorado 80202 534-9066 (303) 534-9066 Issued by . Arapahoe County 2000 West Littleton Blvd., Littleton 0 794-4255 Boulder County 1317 Spruce Street, Boulder California Division 443-7160 1330 Broadway Oakland, California 94612 . (415) 835-4070 Transanierica Title Denver County 1720 California Street, Denver Insurance 534-9066 .. Company Douglas County . 2000 West Littleton Blvd., Littleton , 794-4255 Northwest Division . 315 S.W. Fourth Avenue Portland, Oregon 97204 Jefferson County I (503) 222-9931 7580 West Colfax Avenue, Lakewood 237-1381 . 0 Mesa County 531 Rood Avenue, Grand Junction 242-8234 -1/I~ A Service of Southwest Division ~ ~ Transamerica Corporation Agency Department 114 West Adams Street 1720 California Street, Denver Phoenix, Arizona 85003 534-9066 (602) 262-0511 AGENTSTHROUGHOUT COLORADO . ·4 rin P fl f 9 c c·t <A f.4 r .4 i 4 .61 AY:i F Ae' 1,114* r:fRN difjcf.1 86'ECU elid/zi. Inc. Box 729, Grand Junction,Colorado,81502 (303) 241-0750 0 September 15, 1980 Dan McArthur Engineering Department City of Aspen 130 So. Galena Aspen, CO 81611 RE: City Market Store #16 Remodel Dear Dan: Enclosed is a copy of the proposed revised parking layout for this project which I would like to review with you. There are two ways to look at this problem. 1) What the Planning Department ~ is requiring by reading the code and 2) what the real needs are. Unfortunately the two views are difficult to reconcile. First, because we are expanding our present facility by approximately 3,700 S.F. we need to add 14 spaces to an existing count of 33, totalling 47 dars. This is what the code requires of City Market to do. Therefore, we are submitting this plan which has a car count of 43, 4 cars short of the required 47. By the letter of the code this is pretty close which we feel justifiable in submitting for a variance. Now looking at this project from City market's viewpoint. We do not like this layout although·the 8'-6" xl8'-0 stalls with the 24'-0,aisles comply with stan- dards. 1) Laying out the parking as shown is difficult for the customer with·the shopping cart to get to his car. 2) We have found that in reality these dimensions are difficult for some people to maneuver in. 3) While we are gaining spots in our lot, we are losing spaces on Cooper Street. 4) We do not like parking cars against the sidewalk as shown. (The 15'-0 stall + 3'-0 car overhang gives an 18'-0 stall and a 6'-0 sidewalk. This 6" curb eliminates wlieel- stops which don't work for us.) Because of the importance of our expansion,to this store we need to submit this plan. In real-ity we would rather propose a layout similar to the sketch I have enclosed with a car count of 39. For us this is more realistic. V Dan McArthur -2- September 15, 1980 Finally, may I point out that if we were to seriously try to accommodate the parking needs of this store based on its customer count we would need a parking lot the size of which could handle nearly 170 cars. Tliis is of course impos- sible to do and would be I believe very much against what the City of Aspen would like to see. Please review this, and get back to me with your comments. Sincerely, David K. Mack Corporate Architect DKM:sl Enclosure CC: Ashley Anderson 4-#ne Box 729, Grand Junction, Colorado, 81502 (303) 241-0750 December 3, 1980 Sunny Vann Planning Department 130 South Galena Street Aspen, CO 81611 RE: City Market #16 Proposed Parking Variance Request Dear Sunny: Enclosed please find two schemes which I have come up with regarding our park- ing lot layout, attempting to gain more spaces. The first idea which contains 43 spaces is accompanied by a letter to Dan MeArthur (dated September 15, 1980). This letter explains why we don't like this scheme. (I have not heard from Dan on this and have given up calling him). The second scheme I enclose is the one we propose to present for a variance. Also please find enclosed a copy of the requested survey of our property (would you believe this took two and a half months!), a copy of the title insurance showing proof of ownership, and a letter to the Planning and Zoning Board re- questing a variance of our parking requirements. Could you please respond to this material as soon as possible, let me know what else might be needed, and when we might begin the P&Z process. Sincerely, David K. Mack Corporate Architect DKM:sl Enclosures \1 a#&4A~nc Box 729, Grand Junction, Colorado, 81502 (303) 241-0750 TO: Planning and Zoning Commission FROM: City Market, Inc. RE: Request for a Variance from Required Number of Parking Spaces DATE: December 3, 1980 On August 25, 1980 the applicant, City Market, obtained a variance from P&Z to expand its present operation by approximately 3700 S.F. This includes a 1200 S.F. addition to the front of the store and 2500 S.F. remodeling to utilize space in the existing basement. Because of this expansion program it is our understanding that we will be re- quired to provide 14 or 15 more parking spaces over the 33 we presently have. The enclosed site plan shows a count of 40 which is the most we feel we can com- fortably accommodate. We are therefore requesting a variance from the required 8 parking spaces. As was previously pointed out to the P & Z, City Market needs to expand this facility to better serve the area and its customers. We fully realize the in- adequacy of the parking facility. (Normally a unit which handles the customers this store does would require at least parking for 180 cars. These units are of course of a different nature serving more of a region, rather than of a neighbor- hood type.) We also realize that the major access to the store is pedestrian (75 to 80%) which makes it uniquely a neighborhood unit compatible to the Aspen life style. We therefore feel justified in requesting this variance. 1 . -- UL »6~3-_- _ -'IM/€ / 5/ AET 65*09 262~4,754 -_ _-TAFh/ k16~- 4~/oc€3 ¢f©Gamu-*, Fect, -l- c ~h1Ac7-cAL- 355 \_(CIT «ZE 9 4- 9,61© =-2-4 640_-_ _-.14 --5.(, CA / 1,8© 6,/AX 67nE/su + 5,(©6 gc~)1446 f Ace£§«r ffq:>ae-> '4 "02 -- / 'i 1 /0 9via 9 4 1 S_ 57-o «AL,& Lf\Ce-se r 1 1- I - 7.77 9.._unn 1 - C I /4%.le;94£196251 ki,-,4 /€ 27/7/6-« d''~00 7 ~*/* C f bo, /1& 1 1,- ) ~ft Elf4-Kled 64(295E B ft¥4.Gdoen « A A--prD --I - 77 r. din:«f 446 'RE /7-» /0 z««/*try »241 - 1144%47-1 4»404:°l >I)/ >*,147. f /72€244 t-£_*7¥9*+ 40'P /*te~ r 1~~_~4-~204 /Qu *S~/ 40,,6·*026«2/ ~4~ .02/97 42\ +14{ .Cr/63 e. .0.1/ /1/1 Lt pi - -- LL 1 W b 4-€Eff * f- r -l-1 5 ~ F. plut /0--A 1 tu g __=3 ·si.**·' -941 a 4 - ~-ar-° ~ 42 4-T p f~ &9 434 V Adv 09 .o T f <41 ver » -*e / 1 M L.1 > 1 Til ~d 1--- 11, 1 1-1 / > 1, I-I-- *--*-- 1 / 1 - flf-« -1 W- 41 _ 2 i·url·21 ---------------- August 21, 1980 TO: Planning & Zoning Commission RE: Variance from Section 24-3.6 of the Aspen Zoning Code for an addition and remodeling project to the City Market store. First, let me apologize for the confusion Tuesday night and to have taken your time when we weren' t properly prepared. That morning I found out what "acces- sory uses" meant in the context of your code. This interpretation threw all our square footage calculations into confusion. In order to avoid further con- fusion we want to be clear on the correct square footage and how we arrived at them. EXISTING GROSS FLOOR AREA: 11,976 SF (This includes adding 312 SF for receiving, and deducts 336 SF for access to the basement restaurantO PROPOSED ADDITION 1,200 SF TOTAL GROSS FLOOR AREA 13,176 SF GROUND FLOOR STORAGE -1,959 SF TOTAL AREA LESS STORAGE 11,217 SF BASEMENT AREA 1,145 (This includes meat prep., toilets, lounge, office.) TOTAL GROSS FLOOR 12,362 SF This last figure is the area of the project restricted to 12,000 SF. THEREFORE: We are requesting a variance for the overage of 362 SF. By code we are allowed 3,000 SF for "storage and accessory uses." This project has no accessory uses. GROUND FLOOR STORAGE 1,959 SF BASEMENT STORAGE 1,096 SF (This includes the freezer, meat cooler and 528 SF of dry storage.) TOTAL STORAGE 3,055 SF THEREFORE: We are requesting a variance for the overage of 55 SF. Having gone through this exercise to show that our expansion and remodeling proposals are basically in compliance with the limitations set by the Zoning Code, let me address the real issue, and that is the inadequate facility we are presently operating. Through our remodeling we are attempting to do three things. 1. By adding 1200 SF to the front we hope to relieve some of the congestion at the checkout area. The present situation is an insult to our custom- ers. 2. By relocating storage and some of our operations to the basement we are expanding our sales floor to bring a better variety of goods to the cus- tomers. In order to do this, we are assuming a burden on ourselves by using the basement. 3. The present toilet and lounge facilities are inadequate to say the least, and our employees deserve at least what we propose. TO: Planning & Zoning Commission -2- August 21, 1980 Finally, we need to look at the parking problem. We presently have 33 spaces. Our 1200 SF addition would not decrease this number. This space is presently being used by direct vendors (Pepsi, potato chip, etc. trucks) which will in the future be required to use the rear loading area. This will help to de- crease the congestion in the front of the store. From the zoning it is my understanding that we need to add 13 more spaces (because of the 3400 SF addi- tion and expansion). This we cannot do because of space limitations. Speak- ing for the president of City Market and the present store manager we estimate that as many as fifty percent to seventy percent (during the winter season) of the store's customers don't use the parking facility, that they either walk or take a cab. This percent is what we would expect from a neighborhood business, reflecting the desires of the Planning and Zoning Board. We don't anticipate any more customers than at present because of this expansion program. Only an overall increase in the general population, summer and winter, of Aspen would make this situation change. Therefore, although we realize that the parking is inadequate, we don't feel that the remodeling will make it worse. Yours truly, 060*Juta David K. Mack Corporate Architect DKM:sl MEMORANDUM TO: Planning & Zoning Commission FROM: Sunny Vann, Planning Office RE: City Market Request for Variance from the Use Square Footage Limitations DATE: August 15, 1980 The applicant is requesting a variance from the use s,quare footage limitations of Section 24-3.6 of the Municipal Code in order to remodel and expand City Market. Such variances may be granted by P&Z should it determine that there are "practical difficulties or unnecessary hardships created by their strict application, or that public need and demand require an increased floor area for a particular use". Section 24-3.6(d) limits food markets to 12,000 sq. ft. in gross floor area with an additional 3,000 sq. ft. permitted for storage and accessory uses. As the attached letter indicates, the applicant wishes to construct a 1,200 sq. ft. addition to the front of the market and extensively remodel both ·; the ground floor and basement. The proposed internal modifications include: 1) Increasing the existing sales floor to 10,355 sq. ft.; 2) Utilizing the remaining 2,957 sq. ft. of the expanded ground floor for storage and accessory uses", i.e. produce preparation, dairy cooler and receiving; 3) Utilizing 1,370 sq. ft. of the existing undeveloped basement for "accessory uses", i.e. meat preparation, toilets, lounge and office; and 4) Utilizing the remaining 5,088 sq. ft. of basement for storage. In support of the porposed expansion and remodeling, the applicant argues that such activities as meat preparation, produce preparation, offices and toilets are in fact accessory uses and that the basement storage area is exempt from the 15,000 sq. ft. gross floor area limitations. The applicant further argues that not allowing City Market to utilize the basement for storage imposes an "unnecessary hardship" and that through expansion of the ground floor sales area existing congestion can be relieved resulting in better serviceconsistent with the "public need". The Planning Office and Engineering Department have reviewed the applicant's request and offer the following comments: 1) The applicant is incorrect in assuming that utilization of the Market's approximately 6,458 sq. ft. of undeveloped basement is exempt from the 15,000 sq. ft. maximum gross floor area limitation. Both the Planning Office and the City Attorney interpret commercial storage as any storage essential to the operation of the business in question. City Market was informed of this interpretation prior to the submis- sion of their application. 2) The applicant is incorrect in considering areas devoted to meat pre- paration, dairy cooler, receiving, toilets and market offices as "accessory uses". The principal use of the property is a food market and the above areas are an essential if not required element of such an operation. The applicant is therefore, also incorrect in his depiction of the proposed expansion and remodeling and its relationship to the use square footage limitations of Section 24-3.6. More accu- rately stated, City Market wishes to expand their existing operation, which currently comprises approximately 13,300 sq. ft. and is confined to the ground floor, to approximately 19,800 sq. ft. via a 1,200 sq. ft. addition and the utilization of an approximately 6,458 sq. ft. un- developed basement. The proposed addition would increase the ground floor to approximately 14,500 sq. ft. of which approximately 500 sq. ft. may possibly qualify as storage. As no legitimate "accessory uses" are provided, and storage is limited to approximately 500 sq. ft., the proposed ground floor modifications alone would exceed the 12,000 sq. ft. gross floor area limitation by approximately 2,000 sq. ft. Utilization of the 6,458 sq. ft. basement would obviously further increase the degree to which the requested expansion exceeds the adopted standard. Planning & Zoning C ission 2 August 15, 1980 3) City Market is located on nine city lots (27,000 sq. ft.) which are zoned NC, Neighborhood Commercial. With the exception of FAR (1:1) and open space requirements (25 percent), all area and bulk require- ments are established via the PUD process. The off-street parking requirement is 4 spaces per 1,000 sq. ft. of gross floor area. 4) Based on the above criteria, the existing City Market is nonconforming with respect to both parking and open space. The current 13,300 sq. ft. market requires 53 parking spaces of which 33 are available. The proposed expansion would increase the parking requirement to approxi- mately 79 spaces with no provision for additional parking. Furthermore, the 1,200 sq. ft. addition would necessitate a reduction in that portion of the existing parking lot devoted to vehicular and pedestrian cir- culation, thus exacerbating an already significant congestion problem. While nonconforming structures may be enlarged, expansions cannot increase the existing nonconformity. Inasmuch as City Market's pro- posed modifications would substantially increase parking requirements, and hence the degree of nonconformi ty, no expansion can occur without an accompanying reduction in required parking via the PUD process. With respect to open space, approxiamtely 6,700 sq. ft. is required of which, for all practical purposes none currently exists. Recommendation: As th6 preceeding comments indicate, City Market's proposed expansion would require a substantial variance from the use square footage limitations of Section 24-3.6. Our code was specifically ammended in June, 1977 to signi- ficantly reduce the potential size of food markets in our community and to ensure their compatability with the Neighborhood Commercial zone district intent, i.e. "to provide for small neighborhood convenience establishments". A specific factor was to discourage their use by customers outside the community. It is our opinion that to permit substantial variance from the established limitations seriously jeopardizes this concept. In addition, any expansion would further increase the Market's nonconformity with respect to parking, thus further increasing parking lot conjestion as a result of increased supply and service efficiency. The Planning Office therefore, recommends that the applicant's request for a variance from the use square footage limitations be denied. In the event P&Z should not concur with our recommendation, any approval of a variance must be conditioned upon the applicant's obtaining a reduction in required parking via PUD. CITY Olf aSPEN ~~ MEMO FROM SUNNY VANN 1 -33 + Il - Al f 15 - 111-9 i -3 A 4 nl»-lf, 077 9 4 jfool /1-74 Af /3)3)1__ 1 31 V.b , RECORD OF PROCEEDINGS 100 Leaves PORM 10 C. F. HOECKEL 8. 8. a L. CO. Regular Meeting Aspen Planning and Zoning Commission June 15, 1976 these uses appropriate for neighborhood commercial zone. There is Commercial-one areas that are zoned for this particular use. Collins would like to see the uses designated for the neighborhood commercial zone be kept in line with the N/C concept as it was originally establisc by the P&Z commission. This use is not compatible for I the N/C and should not be approved. Mr. Plantec mentioned he had looked at other places in the City and feels the Durant Mall appears, both from the community and their own personal standpoint to be the most effective location. Also the fact that the Durant Mall is adjacent from Little Nell. Mr. Plantec explained that children will be able to rent 80 cm skis of which there is a need. Hunt agreed that a ski repair and waxing shop as an N/C usE in that vicinity; but couldn't agree witharetail sports shop of this type. Hunt feels the integrity of the zoning should be maintained and feels this shop belongs in the C-1 zone. Hunt made a motion to have the request for a use determina tion requested for the Wunderkind Specialty Clothing be denied on the basis it is not designed and intended to serve the value of frequent trade or service use of the immediate surrounding neighborhood; and is in fact more appropriate in the CC or C-1 zoning in the Aspen core area. The motion was seconded by Schuhmacher. All in favor were Hunt, Abbott, Schuhmacher, and Collins. The motion was carried. Downing arrived at 6:15 p.m. Trueman Subdivision This was a joint study session between the City Council Preliminary Plat and the P&Z members. Members present from the Council were Councilman Wishart, Councilman Behrendt, Councilwoman Johnston, and Mayor Standley. Clark began by reading the comments from the planning office on the Trueman Preliminary Plat from the memo dated June 7, 1976. The comments dealt with the following Title, Pedestrian Access, Housing, Parking, Lot II-Post Office site is left in undeveloped state precipitating the following concerns, Fire Protection, Loading Area - for grocery needs to accommodate pull off zone for taxi, limousine, Transportation, Mill Street Improvements, Public Use Dedication - recommended is a cash dedication of 6% of the market value of the land to the City, and the Engineering Comments. In summary, the Planning Office recommends approval of the Preliminary Plat based upon the above broadly described conditions and upon approval by the City Council of the revised configuration of the grocery store which now contains a 15,500 square foot food store and a 1,500 square foot enclosed loading area. Essentially, the 2,000 square foot basement storage has been transferred to the first floor for loading and checkout services. The planning department feels the City council should be consulted as to the alteration of the grocery store in their conceputal subdivision approval. The Council and P&Z members went through the presented plans with the Trueman developers and the planning department. -3- 1 r I .4 Planning and Zoning Commission June 15, 1976 Kane explained that Council is present to give their comments on the size of the food store. City Council approved in conceptual terms, a 15,000 sq.ft. food store on one grade and in general, 2,000 sq.ft. in the basement for storage. The 2,000 sq.ft. was understood by the Council and Kane to be miscellaneous storage and not specifically relegated to grocery storage. The architects have worked with Associated Grocers and have come back with a plan for approximately a 17,000 sq.ft. food store. The architects are arguing that they need more space t for an enclosed unloading ramp and more space will be added for checkout counters. Kane asked for an interpre- tation on the part of the Council as to what was meant by the 15,000 sq.ft. approval and to give direction to the architects as to how to proceed. Yaw explained they are present for preliminary approval from P&Z. Yaw asked for Council's opinions and comments so when they do come in for final approval there isn't any time lapse. Yaw began explaining the food store. It will be an independent food store. At the conceptual meetings, the architects didn't know about the specifics of grocery store operations. Therefore, they went to Denver to learn about grocery store layouts. A grocery store has three distinct functional areas; 1) grocery sales area; 2) loading and operations; 3) and check-out sales area. The plan presently shows the 15,000 sq.ft. on the main level and 2,000 sq.ft. down below. Yaw explained what the truck does after it has unloaded the goods being brought to the grocery store. Yaw doesn't want to see the area that the truck comes into being left open. He would like to enclose that area. Yaw feels from the conceptual level of approval, the 2,000 sq.ft. was : in the context of the grocery store for basement storage. The planners at Associated Grocers told Yaw that a grocery store has to operate at one level. Therefore, i Yaw would like to put a 2,000 sq.ft. enclosed secured loading area and would slope down to meet the berm and to cover the area where the truck is. From the architectua standpoint, the enclosed area would improve the massing of the building, and will improve two views those being from the Hotel Jerome area and vehicular traffic down - Mill Street. It will not increase the net grocery sales area. The question is if the council would like to see the area enclosed or would like to see it surrounded with a chain linked fence. Councilman Wishart suggested to Yaw to take the 2,000 sq.ft out of the sales area. Councilwoman Johnston felt the 2,000 sq.ft. was never intended for grocery storage. There is nothing in the minutes that says 2,000 sq.ft. will be for grocery storage. The 2,000 sq.ft. was for other storage only. Coucilman Behrendt remembers when the developers requested for storage for the other stores. Councilman Behrendt also never thought a grocery store could be operated on two levels; therefore, the storage was for the other stores in the complex. Mayor Standley felt the 2,000 sq.ft. was non-specific and non-exclusive. It was to be used any way they wanted to use it. Other Councilmembers intent was the storage would be exclusive of the food storage, other Councilmember didn't care, and others encouraged the space to be for food storage. The Councilmembers present feel that if the grocery store is on one level it should be only 15,000 sq.ft. and no more. If the storage is enclosed it has to be included in the 15,000 sq.ft. and cannot be a 2,000 sq.ft. trade off for the non specific storage on the underground level. That is the issue. -4- r RECORD OF PROCEEDINGS 100 Leaves FORM ' C. F. HOECKEL 8.8. a L. CO. Regular Meeting Aspen Planning and Zoning Commission June 15, 1976 Yaw mentioned he would like to enclose the area becuase it is an aesthetic side of the building. Councilman Wishart once again suggested to take the 2,000 sq.ft. out of the 15,000 sq.ft. Yaw feels the independent grocer is not going to want to make that tradeoff and Yaw is trying to find a way to deal with the aesthetic i problem. i Mayor Standley suggested leaving one of the ends of the ramp open; because as soon as something can be left out over night and is secure that space would be considered as storage and then it should be included in the building mass. Councilman Wishart left at 7:00 p.m. ! Mayor Standley suggested to Yaw to leave the area open and leave it a potential "eye sore" and if the Council then determines that through Tom Dunlop, Environmental Health, the City cannot control the problem of papers blowing, the Council will come back and ask Yaw to enclose it. Motion Hunt moved to recommend approval of the preliminary plat of the Trueman property shown on the 15,000 sq.ft. grocery plan; conditioned upon recommendations of the planning office and the City Engineer. With the additiona2 recommendation of unsecured carporting of the ramp loading area of the grocery for the purposes of better visual appearance on that side of the building. The comments of the planning department' s memg.da*ed June 7, 1976. Also the construct-ii*Ban for the /Idf#0-0 feet of parking space be 50% included in two years and additional 50% completion at the end of four years. include Hunt amended his motion to /the correction of paragraph four of the planning department's memo dated June 7, 1976 to indicate rather than 123 spaces to be 113 spaces. The motion was seconded by Downing. All in favor of the motion. Motion carried. Hunt moved to continue the meeting to June 22, 1976; seconded by Downing. All in favor, motion carried. , Abbott moved to adjourn at 7:25p.m.; seconded by Hunt. All in favor, motion carried. 4-02& /9.t Lu#- LiEEy M. flfm, bepl#y City Clerk 1 CIT¥10WASPEN 130 s(itt 'ljga=l~n*treet aspen~~ 81611 MEMORANDUM DATE: August 13, 1980 TO: Sunny Vann FROM: Ron Stock 45 RE: City Market I concur with Karen's interpretation that warehousing is commercial storage and, therefore, included in the maximum gross floor area for commercial businesses as restricted by Section 24-3.6 of Municipal Code of the City of Aspen. RWS:mc MEMORANDUM TO: Sunny Vann, Planning Office i.lf FROM: Fritz Bruggemeier, Engineering Department »0 RE: City Market Request for Variance DATE: August 12, 1980 Having reviewed the plans for the addition and remodeling project to the City Market Store and having made a site inspection of the existing structure and parking facility, the Engineering Department recommends denial of the request for variance from the square footage limitations of Section 24-3.6 for the following reasons: Presently, the requirement for parking calculated on gross floor area of a structure in a neighborhood commercial zone is 4 spaces/1000 square feet. The existing structure has 18,400 + square feet requiring 74 parking spaces. There are only 33 existing spaces, even fewer in the winter due to snow accumulation causing considerable traffic congestion in the parking area and in the adjacent streets. This con- gestion also creates a hazardous condition for pedestrians patronizing City Market as well as surrounding merchants. The owner/applicants desire to upgrade this facility in order to offer better services and relieve the present customer congestion is understandable; however, the potential for an increase in traffic congestion that could result from the construction of the proposed addition is unacceptable. If the addition is constructed and the 30 foot pedestrian and traffic space is extended into the parking area, the existing parking facility would be reduced from 33 spaces to 31 spaces. It can only be surmised that if supply and service efficiency are increased, patronization will no doubt increase, eventually putting an even greater demand on parking availability. MEMORANDUM To: Dan McArthur, City Engineer FROM: Sunny Vann, Planning Office RE: City Market Request for Variance DATE: July 24, 1980 The attached application requests a variance from use square footage limi- tations of Section 24-3.6 for the expansion of City Market. This item is scheduled to come before the Aspen Planning and Zoning Commission on August 19, 1980; therefore, may I please have your comments no later than August 7, 1980? Thanks. I -1 Box 729, Grand Junction, Colorado, 81502 (303) 241-0750 June 26, 1980 TO: Planning and Zoning Commission / RE: Variance from Section 24-3.6 0 f the Aspen Zoning Code for an Addition and Remodeling Project to the City Market Store We would like to appear before the Board and request a variance on the restric- tion of gross square footage as outlined in Sec. 24-3.6 (d), for the following reasons: Through an addition of 1200 square feet to the front of our store and extensive remodeling both on the ground floor and the basement, we propose to do the fol- lowing changes in our building square footage: 1) Increase our sales floor to 10,355 sq. ft. 2) This will leave 2,957 sq. ft. of "storage and accessory uses" (Sec. 24-3.6 (d)) on the ground floor. 3) We also intend to utilize 1370 sq. ft. of the basement for "accessory uses", i.e. meat preparation, toilets, lounge and office The total of these three figures is 14,682 sq. ft., within the allowable 15,000 sq. ft. limits set by Sec. 24-3.6 (d). With the rest of the now empty basement we intend to use it exclusively for storage which we judge is permitted from the introduction to Section 24-3.6. Therefore, we feel that by not allowing us to use this empty space solely for storage is imposing an "unnecessary hardship" and that through an expansion of the ground floor sales area we hope to offer better services and relieve the present congestion. We feel these improvements would comply with the "public need." Sincerely, »701,*,LA:' David K. Mack Corporate Architect DKM:sl I.'C;..10.,. ·U*w:i.. 1 t.66= 1- ....,4.-J ..4 -I- --- --, '. ~ i, 0.- F. . ASPEN/PITKIN 21:inning Department 130 soutil gale„*street aspen, teolorado)' 81611 t June 25, 1980 Mr. David Mack Corporate Architects City Market, Inc. Box 729 Grand Junction, Colorado 81502 Dear David: I have received your June 12, 1980 letter and reviewed same with the Building Inspector, Clayton Meyring, and City Attorney, Ron Stock. This letter is to advise you that the City's interpretation of Section 24-3.6 is contrary to the one you interpret in your letter. Section 24-3.6, as you will recall, states: "Commercial business shall be restricted to a maximum gross floor area, excluding any basement area used exclusively for storage (except commer- cial storage) purposes..." Commercial storage does not mean warehousing as you suggest, but rather means any storage devoted to a commercial use. In other words, the storage of City Market's produce, materials, etc. is an integral part of its commercial use and counted in the calculation of maximum gross floor area. An example of basement storage that would be excluded is residential storage in commercial districts. Therefore, based on information you have given me both over the phone and in your June 12th letter, your application for an addition of 1200 sq. feet to the existing City Market building must be approved by the Planning & Zoning Commission pursuant to Section 24-3.6 (g), prior to an application for building permit. I will schedule the matter for Planning Commission review upon re- ceiving a complete application as we discussed over the phone. The Building Inspector and I agree that the request for Board of Adjustment variance from parking requirements that would be necessitated by any such expansions should await Planning & Zoning Commission action under the above mentioned section. If you have any further questions please feel free to call me. Sincerely, ./7 AA /64/8 . 3070\ Karen B. Smith Planning Director CC: Ron Stock Clayton Meyring Sunnv Vann C.. .. I. h i .. Te€6€14(AC> T«f .. - - 191(.0 600UE= - 0. 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