HomeMy WebLinkAboutcoa.lu.sr.100 Obermeyer Pl.0063.2009.ASLU
THE CITY OF ASPEN
City of Aspen Community Development Department
CASE NUMBER
PARCEL ID NUMBER
PROJECTS ADDRESS
PLANNER
CASE DESCRIPTION
REPRESENTATIVE
DATE OF FINAL ACTION
0063.2009.ASLU
2737 0730 3089
100 OBERMEYER PLACE DR
JENNIFER PHELAN
TITLE INTERPREATION
KENT KLEPPINGER
11.3.09
CLOSED BY ANGELA SCOREY ON 1/21/10
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Permit Type slu + pen Land Use permt { 63.2009,g5LU
Address 100 OBERMEYER PLACE DR ~ APtlSuite
City. SPEN Rate CO ~ ZiP 81611 J
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Project J Ratus Pendn9 Approved ~~ ~
Description REQUEST FOR INTERPRETATION OF TITLE - PARCEL X APPLICANT GAVE IS Issued ~-J
2737.07.3.0.5089
Final ~-J
Submitted KENT KLEPPINGER 946 6547 Clock Runnng pays r 0 Expves 09J2712010
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Owner
Last Name OBERh1EVER PLACE ~ Fist Name ~ 510 E HVMAN AVE i
Phone (970) 925-2866 ALL SUITES ~
ASPEN CO 61611 ,~.i
r Owner Is APpYcant?
Last Name ERMEYER PLACE J Fist Name ~ 510 E HVMAN AVE
Phone (970)925-2666 Cust• 25152 J ASPENICO 61611
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AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306
ASPEN LAND USE CODE
ADDRESS OF PROPERTY:
Aspen, CO
STATE OF COLORADO )
ss.
County of Pitkin )
I, ,~~-'I/~j ~~,(/\ UCOJ 'ems ~ (name, please print)
being or represen ing an Applicant to the City of Aspen, Colorado, hereby personally certify that
I have complied with the public notice requirements of Section 26.304.060 (E) or Section
26.3/06.010 (E) of the Aspen Land Use Code in the following manner:
~/ Publication of notice: By the publication in the legal notice section of an official paper
or a paper of general circulation in the City of Aspen no later than fourteen (14) days
after final approval of a site specific development plan. A copy of the publication is
attached hereto.
Publication of notice: By the publication in the legal notice section of an official paper
or a paper of general circulation in the City of Aspen no later than fifteen (15) days after
an Interpretation has been rendered. A copy of the cation ' attached hereto.
ignature
The foregoing "Affidavit of Notice" was acknowledg d before e this ~ ~ day
of 't~ f~V QMn4~..c1' , 200_, by L~-/~~,~~ ~c~.f ~~1
f WITNESS MY HAND AND OFFICIAL SEAL
p`~'°a ~E My co fission expires: D~~ ~ U /a-O ~ ~
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Notlce is hemby pWen to the peMral puNNO of the
a grovel of a cotle InterprsteNOn of SecNOn
a~.no.flW..$ervlp/CpmierClBNMpaKiel (SCI)
:one arlNU.an.~aASpen l.a,m the
redueatetl b Kept epplinper, rsntleretl on
oapb.r ze, rZOOp..na Is .v.neel. for pomto Not Public
Inspection In the Community Development az'Y
DepeAnerN VCNVdAmen
Publisl,etl In TM ASpen Three Weekly on Nwem ~O,~P,(tY P(~B`'~
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ATTACHMENTS:
LAURA
COPY OF THE PUBLICATION `• MEYER
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CITY OF ASPEN
COMMUNITY DEVELOPMENT DEPARTMENT
INTERPRETATION
JURISDICTION:
APPLICABLE CODE SECTIONS:
EFFECTIVE DATE:
WRITTEN BY:
APPROVED BY:
City of Aspen
26.710.160
October 29, 2009
Jennifer Phelan, Deputy Director
Chris Bendon,
Community Development Director
COPIES TO:
John Worcester, City Attorney
Planning Staff
SUMMARY
This Interpretation is being issued in response to an inquiry submitted by Kent
Kleppinger with regard to whether the production of medical marijuana is a permitted use
in the Service/Commercial/Industrial (S/C/I) zone district.
BACKGROUND
The S/C/I zone district's stated purpose as outlined in section 26.710.160 A., Purpose, "is
to preserve and enhance locally-serving, primarily non-retail small businesses....to
protect the few remaining such small business parks historically used for light industrial
uses, manufacturing, repair, storage and servicing of consumer goods..." The zone
district permits uses that include the manufacturing, repair, customizing, and servicing of
consumer goods such as household appliances, automobiles, dry cleaning establishments,
and commercial kitchens.
Although the land use code does not have a definition for manufacture, Black's Law
Dictionary (Exhibit A) defines manufacture as "the process or operation of wares or any
material produced by hands, by machinery or by other agency; anything made from raw
materials by the hand, by machinery or by art."
INTERPRETATION
The applicant notes in his interpretation request (Exhibit B) that the product will be
manufactured on site and will be sold on a wholesale basis. It also states that equipment,
such as commercial fans and water pumps, being industrial in nature and necessary to the
production of medical marijuana fit within light industrial uses.
It is staff s interpretation that the commercial production (or growing) of any agricultural
product, including medical marijuana, is classified as an Agricultural Use. An
Page 1 of 2
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Agricultural Use is defined in the city's land use code as "the use of land and buildings
for the production of crops, animals, animal products and the keeping of livestock
including riding stables, arenas, orchards, nurseries, flower production, dairy operations,
fisheries, animal husbandry services or similar uses."
Under Agricultural Use, the words crop, nursery and orchard are used. Although not
defined in the land use code, all of these words are associated with flora that is grown or
planted. The commercial production (or growing) of medical marijuana, is crop
production and is considered an Agricultural Use that is not a permitted use in the S/C/I
zone district.
APPEAL OF DECISION
As with any Interpretation by the Community Development Director, an applicant has the
ability to appeal this decision to the Aspen City Council. This can be done in conjunction
with a land use request before City Council or as a separate agenda item.
26.316.030(A) APPEAL PROCEDURES
Any person with a right to appeal an adverse decision or determination shall initiate an
appeal by filing a notice of appeal on a form prescribed by the Community Development
Director. The notice of appeal shall be filed with the Community Development Director
and with the City office or department rendering the decision or determination within
fourteen (14) days of the date of the decision or determination being appealed. Failure to
file such notice of appeal within the prescribed time shall constitute a waiver of any
rights under this Title to appeal any decision or determination.
ATTACHMENTS
A. Definition of manufacture, Black's Law Dictionary, Fourth Edition
B. Interpretation request dated 9/25/09
C. Mer•iam-Webster online dictionary: definition of crop, nursery, and orchard
Page 2 of 2
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MANUAL. Of,. or pertaining to, the hand or
hands; done, made, or operated by or used with
the hand or hands; or as manual labor. Mr~'lain
v.' Taylor, 20T Ind. 240, 192 N.E. 260, 262, 94 A.L.R.
1284: Performed by the hand; used or employed
by the hand; held in the hand.
MANUAL DELIVERY. Delivery of personal
property sold, donated, mortgaged, etc., by pass•
ing it into the "hand" of the purchaser or trans-
feree, that 1s, by an actual and corporeal change
`of Possession
NUAL GIFT. The manual gift, that is, the
ng df corporeal movable effects, acco[ifpanied
a real delivery, is not subject to any formality.
0 Code La. art. 1539.
NUAL .LABOS. Work done with- the hand.
to v Ash, 53 Ariz. 197, 87 P.2d 270, 272. Labor
formed by hand br by the exercise of physical
~, with or without the aid of tools and of
ses or other beasts of burden, but depending
:its effectiveness chiefly upon personal mus-
h exertion rather than upon skill, intelligence
adroitness. Lew Jim v. U. S., C.C.A.Cal., 66 F.
14 C.C.A. 281; Martin v. Wakefield, 42 Minn.
~, 43 N.W. 966, 6 L.R.A. 362. -
NUAL SATES. The Oklahoma Inspection
reau is a private enterprise maintained by the
urance companies and its function is to com-
the general basis schedule which seta out the
es for the risks insured. These rates are com-
ely referred to as "manual rates." Commer-
l~.Standard Ins. Co: v. Ramer, C.C.A.OkI., ll9 F.
Meaning of word "manufacture," which L dedaed es the
making of goods or werea by manual labor or by machin-
ery, eapetlelly oa a large smle, has expended u workmnn-
s}dp and art have advanced, ao that now nearly ell ertl-
dclal Products of human industry, nearly all such materiels
es have acquired changed rondlHona or new and epeclflc
romblaeUOns, whether from;the d1reM action of the human
hand, from chemical proceeaea devlaed and directed by
human ak1n, or by the employment of machinery, ere now
rommoaly deslgaated as "manufactured." - Mayor and City
Council oL Baltimore v. Price, 188 Md. 1T4, 177 A 180, 163.
Ordlnarlly does not Include building or roastruetlon of
outdoor structures. Morrisoa-I[nudson Co.v. State Hoard
of EquaUmUon, 58 Wyo. 500, 135 P.2d 927, 991, 832
AL~INUFACTIJSE, n. The process or operation of
making wares or any material produced by hand,
by machinery or~by other agency; anything made
from raw materials by the hand, by machinery,
or by art, Jones Bros. Co. v. Underkoffier, D.C.Pa.,
16 F.Supp. 729, 730. The production of articles for
use frdm raw or prepared materials bygiving such
materials new forms, qualities, properties or com-
binations, whether by hand labor oi' machine.
Cain's Coffee Co. v. City of MUSkogee,171 OkL 635,
~ 44 P2d 50, 52. _
In patent law, any useful product made directly' by
human lboz, or by the old of machinery direMed end ron-
trolled by human power, and either from raw materials, or
from materiel worked up into a new form. Also the
process by which such products ere made or fashioned.
Turner v. Quincy Market Cold Storage & Warehouse Co..
C.C.AMess., 225 F. 4t; International Mausoleum Co. v.
Sievert, C.C.AOhlo, Z79 F. 225, 227: Rlter-CoNey Mfg. Co.
v. Aiken, C.C.APa, 203 F. 699, T02.
An instrument created by the exercise of mechanical
forces cad designed for the production of mechanical ef-
fecffi, but not capable, when set In motion, of attalnfrtg, by
Iffi own operation, to any predetermined resulffi. It re-
ceives 1ffi Wile of action from the external source which
furnishes 1ffi motive power.
A manufacture requires the constant guidance and con-
trol of wme separate Intelligent .agent; a machine oper-
ates under the direction of that Intelligence with which it
was endowed by its Inventor when he Imposed oa St Its
structural law. The parts 01 a machine, ronstdered sep-
arately tram the machine 1ffielf, all klnda of tools and
}abrlce, and every other vendible substance, wlilch is nei-
ther a romplete machine nor produced by the mere union
of mgrodlenffi, ffi 1aGuded under the title "manufacture."
lTab.Pat.4182.
Domestic manufactures. Generally, manufac-
tures within a state's jurisdiction Com. v. Gilti-
nan, 64 Pa. 100.
h accost MANUALIA BENEFICIA. The daily dlstrlbu-
391 "--. -
::3,- ttons of meat and drink to the canons and other
Ir-house,% , members of cathedral churches for their present
subsLstence. Cowell.
e' or man MANUALI3 OBEDIENTIA. Sworn obedience or
°' submission upon oath. Cowell.
ae-Stealer:
_ CAPTIO. Ea old English practice, a wilt
which lay for a man taken on suspicion of felony,
ooperie.. andthe like, who could not be admitted. to bail by
_. ,_y ft~ thesheriff, or others having power to let to main•
passers;:no "i ~Fltzh.Natffiev. 249.
Ouse;-Yo.; - MANUCAPTOB$. Same as mainpernors (q. vJ.
-~ ACTOSY. A physical plant, or a place or
~afld.. A:'te - tillding where manufacturing is carried on.
fly; dire -~t'whereinelectric power was generated.)
uity. _' ~ 'e Power Co. v. Bell, 156 S.C. 299, 152 S.E. 865,
«_. ~ What in common understanding is known as
iand.:?n., 'factory." Halpin v. Insurance Co., 23 N.E. 989,
f Joni et-;;,cu 'N:Y, 73, 8 L.R.A. 79; In re I. Rheinstrom &
and and_~m Sons,Co., D.C.Ky., 207 F. ll9, 134.
MANUFACTUSES. One who~by labor, art,. or
skill transforms raw material into some kind of a
ilnLshed product or article of trade. Henry v.
Markesan State Bank, 0.C.A.Minn., 68 F.2d 554,.
557.
MANUFACTUSES5 LIABILITY DOCTRINE..
The foundation for the .liability is knowledge of
the danger attending use of manufactured or as-
sembled product and negligence in falling to give
appropriate warning, or negligence in failing to~
discover and appreciate the danger, and the prob-
able consequences that injury will proximately re-
UFACTURE, v. From Latin words menus salt Yrom the use of such produM for the purposes
aMUra, literally, put together by hand. Now for which it was intended. Crane Co. v. Davies„
ails the process of making products by hand 242 Ala, 570, 8 So.2d 196, 199.
achinery. United States v. Anderson, D.C. MANUFACTURING COSPOSATION., A corpo-
95~F.Supp. 943, 946. ration engaged in the production of some article,
Pt'iNaty meaning of this word 1s "making with the
Cbut thl de&iltloa ffi tea narrow for 1ffi present use. thing, or objets, by skill or labor, out of raw ma-
1117
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To: City ofAspen Community Development Director
From: Kent Kleppinger
Date: September 25, 2009
Re: Request for Interpretation of Title
Dear Sir,
My name is Kent Kleppinger, I am an Aspen citizen and property owner. I am contracting for the purchase of a
parcel in the S/C/I zone district for which I have a specific use in mind. I intend to use the space as a
commercial medicinal marijuana manufacturing facility. Based on this, I am requesting an interpretation of title
under section 26.306.010 of the land use code to confirm the use as one which is permitted in the S/C/I district.
Section 26.170.160 of the land use code states that the purpose of the S/C/I zone district is to "preserve and
enhance locally serving, primarily non retail small business areas to ensure a more balanced permanent
community; to protect the few remaining small business parks historically used primarily for light industrial
uses, manufacturing, repair, storage and servicing of consumer goods, with limited retail, showroom, or
customer reception areas. The S/C/I zone district contains uses that may not be appropriate in other zone
districts or do not require or generate high customer traffic volumes and permits customary accessory uses".
Section B Permitted Uses 1) S/C/I uses which may use up to 100% of the floor area for retail sales, showroom,
or customer reception include the manufacturing, repay, customizing, servicing, detailing, sales and rental of
consumer goods such as: 2) S/C/I uses which may use, in combination, up to 25% of the floor area for accessory
retail sales, showroom or customer reception including the manufacturing, repair, alteration, tailoring, and
servicing of consumer goods such as, electronic equipment; floral arrangements; furniture; clothing; or sporting
goods:
This use fits within the Service/Commereial aspect of the zone based on the following.
1. Product manufactured at this facility will be sold on a wholesale basis to retailers.
2. The S/C/I zone district was meant for light industrial usage without a retail element. I require no retail
element and will generate no traffic in the complex or vicinity. There will be no showroom or customer
reception area.
I feel that my proposed use meets the light industrial criteria based on the following.
1. The equipment required for systematic production is defined as industrial and includes commercial
grade HVAC systems, HID lights and ballasts, fluorescent lights, digital timers, room controllers,
commercial fans, air pumps, water pumps, humidifiers/de-humidifiers, reverse osmosis systems, CO2
injection systems, carbon filters, water tanks and multiple 55 gallon reservoirs, etc.
2. The provisions in the permitted uses section of the land use code use the terms"Such As" and are not
limited to those examples listed. The words "Such As" allow the flexibility needed to support the
growth of new industries that may not be appropriate in other zones.
In conclusion, it is my position that my intended use is appropriate within the S/C/I zone district and that the
intent of the district was to allow uses that do not fit within the other community zone districts. The spirit of the
zone is to accommodate uses that are not applicable in the other zone districts in Aspen. I am confident that my
use matches your intent.
Thank you and I look forward to your
Sincerely,
~~ ~/I-
Kent enoineer ~~~ `-
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...
Main Entry: crop
Pronunciation: \Okrap\
Function: noun
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Etymology: Middle English, craw, head of a plant, yield of a field, from Old English cropp craw,
head of a plant; akin to Old High German kropf goiter, craw
Date: before 12th century
1 : a pouched enlargement of the gullet of many birds that serves as a receptacle for food and for
its preliminary maceration; also : an enlazgement of the gullet of another animal (as an insect)
2 a (1) : a plant or animal or plant or animal product that can be grown and harvested extensively
for profit or subsistence <an apple crop> <a crop of wool> (2) :the total yearly production from
a specified area b :the product or yield of something formed together <the ice crop> c : a batch
or lot of something produced during a particular cycle <the current crop of films> d :collection
<a crop of lies>
3 : the stock or handle of a whip; also : a riding whip with a short straight stock and a loop
4 [zcrop] a :the part of the chine of a quadruped (as a domestic cow) lying immediately behind
the withers -usually used in plural -see cow illustration b : an earmark on an animal;
especially :one made by a straight cut squarely removing the upper part of the ear c : a close cut
of the hair
Main Entry: nursery
Pronunciation: \Onars-re, ^nar-sa-\
Function: noun
Inflected Form(s): plural nurs•er•ies
Date: 14th century
1 obsolete :attentive care :fosterage
2 a : a child's bedroom b : a place where children are temporarily cared for in their parents'
absence c : d~ nursery
3 a :something that fosters, develops, or promotes b : a place in which persons are trained or
educated
4 : an area where plants are grown for transplanting, for use as stocks for budding and grafring,
or for sale
5 : a place where young animals grow or are cared for
Main Entry: orchard
Pronunciation: \Dor-chard\
Function: noun
Etymology: Middle English, from Old English ortgeard, from ort- (from Latin hortus garden) +
Beard yard -more at yard
Date: before 12th century
a planting of fruit trees'•t, nut trees, or sugar maples; also :the trees of such a planting
Merriam-Webster online dictionary
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THE CITY OF ASPFN
Land Use Application
Determination of Completeness
Date: October 16.2009
Deaz City of Aspen Land Use Review Applicant,
We have received your land use application and reviewed it for completeness. The case number
and name assigned to this property is 0063.2009.ASLU -SCI Interoretation. The planner
assigned to this case is Jennifer Phelan.
^ Your Land Use Application is incomplete:
We found that the application needs additional items to be submitted for it to be deemed
complete and for us to begin reviewing it. We need the following additional submission
contents for you application:
Please submit the aforementioned missing submission items so that we may begin reviewing
your application. No review hearings will be scheduled until all of the submission contents listed
above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the
land use application.
Your Land Use Application is complete:
I ere aze not missing items listed above,
to begin the land use review process.
then your application has been deemed complete
Other submission items may be requested throughout the review process as deemed necessary by
the Community Development Department. Please contact me at 429-2759 if you have any
questions.
Th You,
Jennifer P an, Deputy Director
City of Aspen, Community Development Department
C:\Documents and Settings\jennifep\My Documents\planning\Templates\Templates\Land Use Cases\Completeness
Letter Land Use.doc
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ATTACHMENT 2-LAND USE APPLICATION
'ROJECT:
Vame: - L~~ e~rv-~ Cl ~ ~--` ~
Location:
(Indicate street address, lot & block number, le al descri tion where a ro riate
Parcel ID # (REQUIRED) ~- ~' O }.3p 5'O
APPLICANT:
Name:T~' ~~t~ y Cl-.cz ~`~ ~~~~
Address: 1 ~ L~. ( ~ y*.z
Phone #: _ ~~- '~~c~~~~Gl I;1 ~,,.._
REPRESENTATIVE: ^~~N111' r her
Name:
Address:
Phone #:
TYPE of APPLICATION: (please check all that apply):
^ GMQS Exemption ^ Conceptual PUD ^ Temporary Use
^ GMQS Allotment ^ .Final PUD (& PUD Amendment) ^ TexUMap Amendment
^ Special Review ^ Subdivision ^ Conceptual SPA
^ ESA - 8040 Greenline, Stream ^ Subdivision Exemption (includes ^ Final SPA (& SPA
Margin, Hallam Lake Bluff, condominiumization) Amendment)
Mountain View Plane
^ Commercial Design Review ^ Lot Split ^ Small Lodge Conversion/
Expansion
^ Residential Design Variance ^ Lot Line Adjustment ~ Other:
^ Conditional Use
EXISTING CONDITIONS: (description of
PROPOSAL: (description of
Have you attached the following? FEES DUE: $
] Pre-Application Conference Summary
] Attachment #1, Signed Fee Agreement
] Response to Attachment #3, Dimensional Requirements Form
] Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards
] 3-D Model for large project
All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text
"Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an
electronic 3-D model. Your pre-application conference summary will indicate if you must submit a 3-D model.
\,,,r ~ .
RECE~~ED
To: City of Aspen Community Development Director OCj O 1
From: Kent Kleppinger ?009
Date: September 25, 2009 ~~~~D~ t.~^w
Re: Request for Interpretation of Title "r^~Cnl
Dear Sir,
My name is Kent Kleppinger, I am an Aspen citizen and property owner. I am contracting for the purchase of a
parcel in the S/C/I zone district for which I have a specific use in mind. I intend to use the space as a
commercial medicinal marijuana manufacturing facility. Based on this, I am requesting an interpretation of title
under section 26.306.010 of the land use code to confirm the use as one which is permitted in the S/C/I district.
Section 26.170.160 of the land use code states that the purpose of the S/CQ zone district is to "preserve and
enhance locally serving, primarily non retail small business areas to ensure a more balanced permanent
community; to protect the few remaining small business parks historically used primarily for light industrial
uses, manufacturing, repair, storage and servicing of consumer goods, with limited retail, showroom, or
customer reception areas. The S/C/I zone district contains uses that may not be appropriate in other zone
districts or do not require or generate high customer traffic volumes and permits customary accessory uses".
Section B Permitted Uses 1) S/C/I uses which may use up to 100% of the floor area for retail sales, showroom,
or customer reception include the manufacturing, repair, customizing, servicing, detailing, sales and rental of
consumer goods such as: 2) S/C/I uses which may use, in combination, up to 25% of the floor area for accessory
retail sales, showroom or customer reception including the manufacturing, repair, alteration, tailoring, and
servicing of consumer goods such as, electronic equipment; floral arrangements; furniture; clothing; or sporting
goods:
This use fits within the Service/Commercial aspect of the zone based on the following.
1. Product manufactured at this facility will be sold on a wholesale basis to retailers.
2. The S/C/I zone district was meant for light industrial usage without a retail element. I require no retail
element and will generate no traffic in the complex or vicinity. There will be no showroom or customer
reception area.
I feel that my proposed use meets the light industrial criteria based on the following.
1. The equipment required for systematic production is defined as industrial and includes commercial
grade HVAC systems, HID lights and ballasts, fluorescent lights, digital timers, room controllers,
commercial fans, air pumps, water pumps, humidifiers/de-humidifiers, reverse osmosis systems, CO2
injection systems, carbon filters, water tanks and multiple 55 gallon reservoirs, etc.
2. The provisions in the permitted uses section of the land use code use the terms"Such As" and are not
limited to those examples listed. The words "Such As" allow the flexibility needed to support the
growth of new industries that may not be appropriate in other zones.
In conclusion, it is my position that my intended use is appropriate within the S/C/I zone district and that the
intent of the district was to allow uses that do not fit within the other community zone districts. The spirit of the
zone is to accommodate uses that are not applicable in the other zone districts in Aspen. I am confident that my
use matches your intent.
Thank you and I look forward to your response.
Sincerely,
~~/y7~
Kent KI ppmger ~~ 7
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October 15, 2009
Dear Aspen Community Development:
Kent Kleppinger and Peter Fornell have my permission to pursue their specific use at my Obermeyer
Place Unit 121 located at 601 Rio Grande Place, Aspen, Colorado.
Signed, '
CI Trader
Managing Member of Blue Pinto, LLC