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HomeMy WebLinkAboutLand Use Case.CU.221 E Main St.38A-89 75A-89:t'l;��uuart 1 0 R E Sd 6 IK LAND USE APPIACATICX4 Forest 1) Project Name E�;LORE BOOKSELLERS - STORAGE ADDI 2) Project L cation 221 East Main Street - Aspen, Colorado Lots D and E Block 74 (indicate street address, lot & block mmd--ex, legal description where appropriate) J) Present Zoning 0 Office 4) Lot Size 5982 s(l.f Katharine Thal.ber I 5) Applicant's Name, Address & Flrone I Ka C 221 East -Main - Aspen, Colo ( 30 3) 925 - 5336 G) Representative's Name, Address & H)one 7) Type of Application (please dteck all Utat apply): Conditional Use Conceptual SPA (Ionceptual historic Dev. Special Review 0040 Greenline Stream Margin _ Final SPA. Oomeptual FUD — Final FUD _ i'Ywitain view Plarn_ _ Subdivisicai _ ni umizatim - _ Text/Map Atte1)dmjit Lot Split /Lot Line Adjustment ri-nal d justment rival IlisLoric Dev. _ ILUtor Ilistoric Dev. _ Itistoric Demolition _ ILisL Designation Allotit a It . x X U-IX> ExewpLic n 0) Description of Fxistiaig Uses • (rnnnber atxl.- type of exist' ng structures; app sq. ft number of'bedroms; ally Previous al.provals granted to Ure property)'-, Bookstore - Coffee (louse 3000 squarelPeet + 144 square foot addition Granted 1 9) Description of Develcln,ent Applicatiotr PLEASE SEE ATTACHED 10) have you attadred Ute follcwitrg? Response to Attaciumlit 2, I-Lininum SubnLsslolr Conl'n_nls Response to Attadtment J, Specific Sulanisr:icrn c n drub. Response to At'tac1iment 4, Review StalyliuZls for Ycxrt: Ali- il.icaLion CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: 7/5/89 DATE COMPLETE: I I "' PARCEL ID AND CASE NO. 2737 - 073 -28 -002 75A -89 STAFF MEMBER: PROJECT NAME: Explore Booksellers GMOS Exemption Project Address: 221 East Main St. Legal Address: Lots D & E. Block 74 APPLICANT: Katharine Thalbera Applicant Address: REPRESENTATIVE: Randy Wedam Representative Address /Phone: 201 N. Mill, Suite 102 Aspen, CO 81611 5 -1961 PAID: YES NO AMOUNT: TYPE OF APPLICATION: 1 P &Z Meeting Date CC Meeting Date NO. OF COPIES RECEIVED: 2 STEP: 2 STEP: PUBLIC HEARING: YES N N / *9Y01 DID :;0 {H.M0�4DF -�N o PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO Planning Director Approval: Paid: Insubstantial Amendment or Exemption: Date: REFERRALS: OP" City Attorney City Engineer Housing Dir. Aspen Water City Electric Envir. Hlth. Aspen Consol. S.D. DATE REFERRED: FINAL ROUTING: City Atty City Housing Othe: Mtn. Bell School District Parks Dept. Rocky Mtn Nat Gas Holy Cross State Hwy Dept(GW) Fire Marshall State Hwy Dept(GJ) Building Inspector Roaring Fork Other _ Energy Center DATE ROUTED: INITIALS: Zoning Env. Health 1'r, `J, FILE STATUS AND LOCATION M SUMMARY CLOSE -OUT FOR EXPLORE BOOKSELLERS INSUBSTANTIAL AMENDMENT TO AN APPROVED CONDITIONAL USE AND GMQS EXEMPTION The Planning and Zoning Commission approved Resolution 89 -23 enabling the expansion of the storage and office area and the net leasable on the second floor. RESOLUTION • ' THE ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING :i' APPROVAL • ' EXPLORE BOOKSEL1XRS GMQS E=MPTION & INSUBSTANTIAL AMENDMENT TO A CONDITIONAL USE Resolution No. 89--Q3 Whereas, the Aspen Planning and Zoning Commission held a public meeting November 21, 1989; and Whereas, the Explore Booksellers GMQS Exemption and Insubstantial Amendment was included on the consent agenda; and Whereas, the Planning staff recommended approval of the exemption and insubstantial amendment to the conditional use with conditions. NOW, THEREFORE, BE IT.RESOLVED by the Planning and Zoning Commission: That it does hereby approve the Explore GMQS Exemption and Insubstantial Amendment to the Conditional Use for at 221 East Main Street, Aspen with the following conditions: 1. No more than 50 seats shall be provided for customer use and the kitchen shall remain a prep kitchen. 2. The proposed addition shall be used only for deliveries and storage not for office or commercial use. 3. Prior to issuance of a building permit, the applicant shall place a restriction on the property, to the satisfaction of the City Attorney, requiring that if additional floor area is requested, the owner shall provide affordable housing impact } mitigation at the then current Housing Guidelines. 4. Prior to the acceptance of a building permit application, the applicant shall provide a,deed restriction, subject to moderate income price and occupancy guidelines, approved by the Housing Authority for a unit to house .29 employees or a cash -in -lieu payment subject to current Housing Authority Guidelines (at the date of approval, based upon current guidelines 1990 -1991, the payment is $7,497) at the time of issuance of the building permit payable to the Housing Authority for processing. .APPROVED by the Commission at their regular meeting November 21, 1989. ATTEST Jan Carney, Dep ty City Clerk ASPEN PLANNING AND ZONING C. Welton An4erson, Chairman OWNERSHIP AND ENCO REPORT Y B4AB Made For Pandy Hedum STEWART TITLE OF ASPEN, INC. HEREBY CERTIFIES from a search of the books in this office that the owner of Lots D and E, Block 74, CITY AND TOGdNSITE OF ASPEN Situated in the County of Pitkin, State of Colorado, appears to be vested in the name of Katharine ThalbercT and that the above described property appears to be subject to the following: 3150. O0 City of Aspen Ordinance No. 60 (Series of 1976) Designatinq an Historic District, recorded December 09, 1976 in Book 321 at Page 51 as Reception No. 184906. City of Aspen Ordinance No. 61 (Series of 1976) Designatinq an Historic Structure and Site, recorded December 09, 19 in Book 321 at Page 55 as Reception No. 189907. EXCEPT any and all unpaid taxes and assessments. This report does not reflect any of the following matters: 1) Bankruptcies which, from date of adjudication of the most recent bankruptcies, antedate the report by more than fourteen (14) years. 2) Suits and judgments which, from date of entry, antedate the report by more than seven (7) years or until the governing statute of limitations has expired, whichever is the longer period. 3) Unpaid tax liens which, from date of payment, antedate the report by more than seven (7) years. Although we believe the facts stated are true, this Certificate is not to be construed as an abstract of title, nor an opinion of title, nor a guaranty of title, and it is understood and agreed that Stewart Title of Aspen, Inc., neither assumes, nor will be charged with any financial obligation or liability whatever on any state- ment contained herein. Dated at Aspen, Colorado, this 03rd STEWART TITLE OF ASPEN, INC. BY Authorized Signature day of April A.D. 1999 at 8:00 A.M. T;d, r..,... nr.7 In/Q1 DATE RECEIVED: City of Aspen 4 8 89 PARCEL ID AND CASE NO. DATE COMPLETE: `t 2737- 073 -28 -002 38A -89 STAFF MEMBER Le \ I e. PROJECT NAME: Explore Booksellers Insubstantial Amendment to an Approved Conditional Use and GMOS Exemption Project Address: 221 East Main Street Legal Address: Lots D & E, Block 74 APPLICANT: Katharine Thalber4 Applicant Address: REPRESENTATIVE: Randy Wedum Representative Address /Phone: 201 N. Mill St. Aspen, CO 81611 5 -1961 PAID: YES NO AMOUNT: Y=+ IOJ' O NO. OF COPIES RECEIVED: 1 TYPE OF APPLICATION: 1 STEP: _ P &Z Meeting Date PUBLIC VESTED CC Meeting Date PUBLIC VESTED Planning Director Approval: Insubstantial Amendment or Ex. 2 STEP: n / HEARING: YES \l NO l RIGHTS: YES NO HEARING: YES NO RIGHTS: YES NO Paid: amption Date: REFERRALS: TO —Z City Attorney City Engineer Housing Dir. Aspen Water City Electric Envir. Hlth. Aspen Consol. S.D. DATE REFERRED: 04JMM#l&�F School District Rocky Mtn Nat Gas State Hwy Dept(GW) State Hwy Dept(GJ) Other FINAL ROUTING: Mtn. Bell Parks Dept. Holy Cross Fire Marshall Building Inspector Roaring Fork Energy Center DATE ROUTED: INITIAL: City Atty City Engineer _ Zoning _ Env. Health Housing other: FILE STATUS AND LOCATION: TIMOTHY MCFLYNN' MARTHA C. PICKETT ALSO ADMITLED in CALIECUNIP WRY% & PICKETT LAWYERS A PROFESSIONAL CORPORATION THE SMITH ELISHA HOUSE 320 WEST MAIN STREET. SUITE 1 P O BOX I ASPEN. COLORADO 61611 December 22, 1989 Leslie LaMont Aspen /Pitkin Planning Office 130 S. Galena Aspen, CO 81611 TELEPHONE (303) 9252211 TELECOPIER (303) 925 -2442 RE: Explore Booksellers /GMQS Exemption Employee Housing Requirement Dear Leslie:: As we have discussed, enclosed for your review is a memo from Joe Wells with an analysis of the calculation of required Employee Housing cash -in -lieu for the Explore addition. It appears that the initial calculation by the City was in error and that Explore's required payment should be $6,000.00, rather than the $18,522.00 as set forth in your memo. Upon your and other staff members' review, please feel free to call me or Joe with questions or comments. Thank you for your cooperation on this matter. Sincerely, n� Martha C,. Pickett C:explhous.ltr cc: Lynn Tanno Joe Wells To: Leslie Lamont From: Roxanne Eflin Re: Referral Comment: Explore Booksellers, 221 E. Main St. Date: November 13, 1989 The HPC has reviewed and approved the final development plans for 221 E. Main St. The proposal included the enlargement of the second floor to the rear of structure, which was found to be compatible in chracter with the historic landmark. Further, the HPC discussed the on -site parking needs, and granted a variation, finding that the parcel contains all the parking spaces the site allows. memo.LL.221em CITY OF ASPEN PRE - APPLICATION CONFERENCE SUMMARY PROJECT: �Xt7L E Caoa�S/zGl wit APPLICANT'S REPRESENTATIVE: 440 UM REPRESENTATIVE'S PHONE: �/ Z S Ig ( , I OWNER'S NAME: K ThF 4L�U12 (, _ yl� 1. Type of Application: 2. Describe action /type of development being requested: . • . I i N 1 a f1 3. Areas is which Applicant has been requested to respond, types of reports requested: Policy Area/ Referral Agent �i G� PC- Comments fF 19 C_ 4. Review is: (P &Z Only) ) (CC Only) (P &Z then to CC) 5. Public Hearing: � (NO) # PC 6. Number of copies of the application to be submitted: 1� 7. What fee was applicant requested to submit: �U B. Anticipated date of submission: Ju. 9. COMMENTS /LTIgUE CONCERNS: LN. 64 frm.pre app ASPEN /PITKIN PLANNING OFFICE 130 S. Galena Street Aspen, Colorado 81611 (303) 920 -5090 October 19, 1989 Randy Wedum 201 N. Mill Street Aspen, CO 81611 RE: Explore Booksellers Insubstantial Amendment to an Approved Conditional Use and GMQS Exemption Dear Randy, This is to inform you that the Planning Office has completed its preliminary review of the captioned application. We have determined that your application is complete. We have scheduled your application for review by the Aspen Planning and Zoning Commission on Tuesday, November 21, 1989 at a meeting to begin at 4:30 pm. The Friday before the meeting date, we will call to inform you that a copy of the memo pertaining to your application is available at the Planning Office. If you have any questions, please call Leslie Lamont, the planner assigned to your case. Sincerely, Debbie Skehan Administrative Assistant M E M O R A N D U M TO: FROM: DATE: RE: Leslie Lamont Randy Wedum August 17, 1989 Explore Booksellers The following addresses Section 7- 308(A): 1. 2 Not cause any negative impacts on pedestrian and vehicular traffic circulation, parking or noise: All expansion is added to the rear of the building toward the alley. There is existing pedestrian circulation along the east property line which will remain at that location. An additional access to the rear of the building, to the west property line, will be used exclusively for delivery. The delivery now is made off the pedestrian access on the east side of the building. Parking on the alley is not disturbed and is stripped along the alley for the entire south boundary. This is not changed. Delivery has been traditionally off the alley and this is still in effect. Not substantially affect the tourist or local orientation of the conditional use: The zoning is "Office," with a bookstore given as an acceptable use. The expansion does not increase any retail area. The area affected is an increase to shipping and receiving, and to the storage areas on the main level. The expansion on the upper level is in the prep kitchen area. This is a conditional use for a 50 -seat, prep only kitchen with no cooking facilities. This is still the situation that will exist. The deck is enlarged due to the space expansion of the downstairs, but the seating is still limited to 50 seats summer and winter. The expansion is for storage, improved washing facilities, and service preparation. - 1 - W MEMO to Leslie Lamont August 17, 1989 Page Two 3. Not affect the charater of the neighborhood in which the use is located: There is no visual impact from Main Street, the front access. The visual inpact of the expansion is virtually not seen on the first level as the fence around the east -west and south elevations screens the expansion. The second floor expansion is only at the east, approximately 200 square feet with a single gable going off the east bay of the building toward the south, done in the same architectural style as the existing building. There is no change in usage and no expansion of conditional restaurant or retail bookstore. 4. Not increase the use's employee base or the retail square footage in the structure: The retail square footage is not altered from the original plans. All additional square footage is in the storage and the back room work areas. 5. Not substantially alter the external visual appearance of the building or its site: The street elevation facing north has no visual impact from the addition. The south elevation on the alley will be affected by the expansion toward the alley. The west eleva- tion will have minimal visual appearance on the lower level at the rear of the building of about 14" long, screened by a 6" high fence. The east elevation, which does not have a clear viewing from anywhere, will have a two -story bay 17' long on the rear of the building as seen from the alley. JRW:A2Z - 2 - } M E m Q N, A N D O M x TG: Alan R.icl[mond FROM: Ranuv Wedum DATR- L1i ri1 28, 1989 RE; Exp)or�r Luolceellcrs 'rhe followinu addresses Section 8- 104(A)(i)(d The expansion of Explore Booksellers is a minor a (Ad iI irui cif approx mater 225 square feet which is used for hippi[u, receiving and book storage check -in, and is not used -bti tilt general public and is not including net leasable squre rootage. Therefore, it is in compliance with this Section. With regard to Section 7- 308(A): insubstantial amendment: ThEa expansion of Explore Booksellers %:111 not affect this aecr.ior.. The addition to the Explore Booksellers will: 1. Not cause any negative impacts on pedestrian and vehicular_ traffic circulation, parking or n)ise; and 2, Not substantially affect the tourist or kcal orientation cf the conditional use; and, 3. Not affect the charater of the neigni;orhood in whi.r:h thr us(: \ 4. Not increase the use empioyee base ur Lha re t.:l it squ+:rr e 1;00taye in the SLEUCLus:e; and 5. Not substantially alter the external visual a[pe-arance el Lhc building or its site. JM% A2'l -- 1 - R£ Su/J�+ M E M 0 TO: Debbie Skehan Aspen /Pitkin Planning Office FROM: John R. Wedum DATE: May S, 1989 RE: Explore Booksellers, Addressing Item #3, letter of May 4, 1989 Explore Booksellers' delivery of books is received off the alley like every other business in town. They go in through the rear side door to the southeast corner as shown on plans. They are processed in the back room as shown on plans in the general area of the expanded shipping and receiving area. U.P.S. brings the majority of books once a day, five days a week. It takes five to ten minutes to load and unload. Information provided by Lyle, employee of Explore Booksellers. The shipping and receiving will not change in the future. fc, k q-oj� April 26, 1989 To Whom It May Concern: John R. Wedum is authorized to present my application to the Aspen Historical Society for approval of the expansion of the Explore Booksellers and Coffeehouse building, as presented in the application and drawings submitted to the planning office. ilding is to at 211 E. Main St., Aspen, CO. 81611. Katharine Thalberg 221 East Main Aspen, Colorado 81611 303/925 -5336 ��"�o ooremus &weLLs an association of land planners L December 13, 1989 Ms. Leslie Lamont Aspen /Pitkin Planning Office 130 S. Galena Street Aspen, CO 81611 Dear Leslie: My letter is to comment on the Planning Office's recent deter- mination of the affordable housing obligation for the proposed addition to Explore Booksellers. On page 3 of your November 21, 1989 memo, you note that the affordable housing obligation for the project has been calculated under the provisions of Section 8- 104(p)(1)(c)(1) as .92 employees. You go on to note that if the applicant opts to satisfy this obligation through a payment -in -lieu, the amount owed would be $18,522 using the moderate income guidelines. P &Z apparently endorsed this calculation in its approval. As you know, Gideon Kaufman and I prepared the draft language that was ultimately incorporated into Ordinance 16 which is at issue here. The intent of Ordinance 16 was to grant some relief from exactions for projects involving historic landmarks from that which would be required for non - landmark projects. Although I don't have the paperwork on the Planning Office's calculation, I think that with a little explanation you will see that the actual amount owed is considerably less than $18,522.00. First, it is important to remember what the affordable housing obligation is for a non - landmark project in the Office Zone district. In order to compete successfully for a commercial quota, an applicant must commit to house a minimum of 60% of the number of employees generated for the net leasable space proposed. In the office zone, employee generation under the Code is 3 employees per 1,000 sq.ft. of net leasable; the minimum GMQS housing commitment is therefore 1.8 employees per 1,000 sq.ft. 608 east hyman avenue c aspen, colorado 81611 ❑ telephone: 303 925 -6866 Ms. Leslie Lamont Aspen /Pitkin Planning Office December 13, 1989 Page Two If the pro osal for Explore involved a non - landmark project and GMQS compeion were required, the minimum housing commitment would be based on the 196 sq.ft. of additional net leasable and would be only .35 employees (608 of 3 employees /1,000 sq.ft. x 196 sq.ft.). As adopted, no affordable housing relief was granted under Ordinance 16 to owners of historic landmarks if the applicant proposes to fully utilize the square footage allowed under exter- nal floor area ratio (excluding bonus FAR). The obligation is to house 608 of the employee generation for the applicable zone district. �y0 To encourage applicants to minimize the size of expansions to landmarks, relief is allo d when the square footage proposed is reduced below the maximum, however. For each one percent reduc- tion below the maximum FAR (excluding bonus FAR), the affordable housing requirement is reduced by one percent. For the Explore site, buildout proposed is 85.48 of that allowed, as follows: Site Square Footage: 5,982 sq.ft. Buildout proposed: 3,830 sq.ft. Buildout allowed (@ .75.1): 4,487 sq.ft. (3,830 sq.ft. /4,487 sq.ft. = 85.48) The affordable housing obligation for the Explore proposal is therefore 85.48 of the threshold requirement under GMQS, or: 85.48 x 608 x 3 emps. /1,000 sq.ft. x 196 sq.ft. _ .30 employees The payment -in -lieu requirement for .30 employees under moderate guidelines is: .30 x $20,000 = $6,000 If after reviewing this information, there is still a ment among the staff as to how the calculation performed, please call me at 925 -8080 so that we an further. R ga ds, ,�36seph Wells, AICP disagree - should be discuss it JW /b TO: Yvonne Blocker, Housing Authority Tom Dunlop, Environment Health �, Planning FROM: Amy Margerum, Planning RE: Request for Insubstantial Amendment to Explore Booksellers Conditional Use Permit DATE: November 7, 1990 Explore is requesting an insubstantial amendment to the existing Conditional Use permit to operate a bookstore and coffeehouse. The current permit states that there will be no food preparation on site. In order to allow them to prepare food on site, they need to amend the Conditional Use permit. Katherine Thalberg has requested an insubstantial amendment to her existing conditional use to allow for food preparation on site. She appears to meet all of the code requirements for an insubstantial amendment, however, I would like for you to check to ensure that the change does not require any new mitigation from your respective positions. I would appreciate a response as soon as possible, as her building permit and liquor license are pending this change. Thanks for helping me out on this. cc: Tom Baker Bill Drueding Jed Caswall Gary Lyman Attachments: Letter from Katherine Thalberg dated November 6, 1990 Conditional Use Amendment Allowing Coffee House Use Land Use Code Criteria on Insubstantial Amendments November 6,1990 Amy Margerum Planning Director Aspen/Pitkin Planning Department 130 South Galena Aspen, Colorado 81611 Dear Amy: I am requesting an Insubstantial Amendment to Explore's Conditional Use approval. We are in the process of building additions to the service area of both the bookstore and the Coffee- house. None of the additional space will increase the public use of the building, but simply will make our service to both areas more efficient, as we are presently working under very crowded conditions. The bookstore is adding a shipping/receiving room, as well as additional office workspace. Un- der present conditions, our few desks are shared by a number of workers, our bookkeeper shares a small office with two to three other people, and our receiving area has virtually no space to function and the boxes of books that are received are always blocking our passageways. Our returns depart- ment is a small ledge in a hallway. The Coffeehouse has no office area at all. We are not adding more staff, but only giving our present staff a little more room to function. We are not adding on to the bookstore selling space. We are not adding to our inventory. We will simply be able to serve our customers better and more efficiently. The Coffeehouse, which is a small and intimate place for locals and visitors to gather and read and discuss literature and enjoy coffees and teas and light foods, has been operating with a very inadequate and tiny kitchen for the past two and a half years. We are adding a kitchen which will permit us to improve our service and improve the quality of our food and drinks, as well as give us better food handling facilities. We are not adding on to our seating capacity, nor are we adding on to our seating area, but only to the kitchen. Our seating remains very limited, approximately 32 to 34 seats, for the Coffeehouse is essentially an amenity for the bookstore, rather than a separately - functioning entity. It was added in order to enhance the bookstore, which is a large bookstore for such a small town. We are presently applying for a liquor license, because our customers have informed us that they would like to be able to have a glass of wine. We will not be a bar, but will only serve an extremely small selection of wine and beer by the glass. We are requesting a full liquor license because cus- tomers would like to have liqueurs with their coffees, and liqueur- flavored coffee drinks. We will not serve "hard" liquor. 221 East Main Aspen, Colorado 81611 303/925 -5336 Our previous kitchen did not have an adequate number of sinks to permit us to prepare any of the foods we served on site. Our new kitchen will meet health department standards for food prepara- tion, and we plan to prepare some of our foods on site, as the cost of purchasing all foods already cooked from purveyors is prohibitive. Our foods prepared on site will also be fresher. We will still continue to purchase food products from purveyors as well. We do not plan any large -scale food preparation, and our menu will always be limited to light, vegetarian fare,' as well as pastries. Explore provides a unique and valuable asset to Aspen. The bookstore is a literary and sophisticat- ed store providing a large inventory in a handsomely appointed, historic setting. It is a store that locals appreciate, and that visitors rave about, as there are few bookstores of this quality left in the country because of the encroachment of the chain bookstores. The Coffeehouse provides a gather- ing place with food and drinks available at all hours and at all times of the year. Unlike most As- pen businesses, Explore does not close during the off - season, stays open seven days a week, 365 days a year. We stay open long hours each day and into the evening. Our business does not really warrant our long hours and our faithful schedule during the off - season, but we do so because we truly want to be here for the locals as well as the tourists. The combination of the bookstore and the Coffeehouse provides an atmosphere and a setting that is not available anywhere else in Aspen. The addition and its use will not in any way have an impact on traffic circulation, parking or noise. We already provide parking, unlike most businesses in town, for a number of vehicles, and we are within walking distance to the center of town. Because we are not increasing our retail bookselling space or our Coffeehouse seating space, there will be no change in parking needs or traffic circulation or noise. The change will in fact enhance both the tourist and local orientation of our conditional use. We will be able to provide better service to our customers. We will continue to keep our same long hours, and be open when many local businesses are closed during all seasons of the year. The change will not affect the character of the neighborhood. Explore is a quiet, sophisticated, in- tellectual.gathering place, and it will remain the same. The change will simply enable us to func- tion more efficiently. The change will not increase the number of employees. Our present employees work under very crowded conditions, and the change will simply ease the overcrowding. We are not adding a sin- gle employee as a result of the addition to our work space. Despite the fact that we are not hiring ad- ditional personnel, we have paid over $7,000, as required, into the housing fund to mitigate addi- tional employee housing needs, and we have also purchased three apartments in town to house our management personnel. The change will not increase the retail square footage of the bookstoree, or the seating area of the Coffeehouse. The entire addition is in the work areas that service both the bookstore and the Coffee- house. The appearance of the building will be totally unchanged in the front of the store, as all the addition is in the back, off the alley. We are preserving both our outside deck seating area, and a small garden in the back, rather than building out as much as we are allowed in FAR. We are ad- ding a minimum of square footage, as we wanted to preserve some open space and preserve our deck, as well as build the addition in character with the original Victorian house. Thank you for your consideration of this request. nc ely ours, Katharine Thalberg Aspen Land Use R I t Sec. 7 -305. Procedure for Conditional Use no 1 A Development Application for a conditional use shall be reviewed and recommended for approval, approval with conditions, or disapproval by the Planning Director, and then approved, approved with conditions, or disapproved by the Commission at a public hearing held in accordance with the procedures established in Common Procedures, Art. 6, Div. 2. A Development Application for a conditional use may be consolidated with any other Develop- ment Application pursuant to the requirements of Common Proce- dures, Art. 6, Div. 2. Sec. 7 -306. Apolication The Development Application for a conditional use shall include the following. A. The general application information required in Sec. 6- 202; B. A sketch plan of the site showing existing and proposed features which are relevant to the review of the conditional use application; and C. If the application involves development of a new structure or expansion or exterior remodeling of an existing structure, proposed elevations of the struc- Sec. 7 -307 Amendment of development order - - A. Insubstantial mendment An insubstantial amendment to an approved development order for a conditional use may be authroized by the Planning Director. An insubstan- tial amendment shall be limited to changes in the operation of a conditional use which meet all of the following standards: 1. The change will not cause negative impacts on pedestrian and vehicular traffic circulation, parking or noise; and 2. The change will not substantially affect the tourist or local orientation of the conditional use; and 3. The change will not affect the character of the neighborhood in which the use is located; and 4. The change will not increase the use's employee base or the retail square footage in the str- 7 -4 Revisions incorporated through August 14, 1989 r Aspen Land Use Requlations ucture. and 5. The change will not substantially alter the external visual appearance of the building or its site. B. Other amendments All other amendments shall be approved by the Commission pursuant to Sec. 7 -301 through 7 -307. Sec. 7 -401. Purpose The purpose of Special Review is to ensure site specific review of the dimensional requirements (Art. 5, Div. 2), the off - street parking requirements (Art. 5, Div. 2 and 3), and all reductions in the dimensions of utility /trash service areas, (Art. 5. Div. 2) in order to maintain the integrity of the city's Zone Districts and the compatibility of the proposed development with surrounding land uses. Sec. 7 -402. Authority. The Commission, in accordance with the procedures, standards and limitations of this division, shall approve, approve with conditions, or disapprove a Development Application for Special Review, after recommendation by the Planning Director. Sec. 7 -403. ADOlicability Special Review shall apply to all development in the City of Aspen designated for Special Review in Art. 5, Diva. 2-and 3. Sec. 7-404. Review standards for Special Review NO development subject to Special Review shall be permitted unless the Commission makes a determination that the proposed development complies with all standards and requirements set forth below. A. Dimensional requirements Whenever the dimensional requirements of a proposed development are subject to Special Review, the Development Application shall only be approved if the following conditions are met. 1. The mass, height, density, configuration, amount of open space, landscaping and setbacks of the proposed development are designed in a manner which is compatible with or enhances the character 7 -5 Revisions incorporated through August 14, 1989 C Page 2 Explore Booksellers Growth Management Quota System Exemption and Conditional Use Modification and Expansion Application August 17, 1987 '7 :i SUBMITTED TO: Aspen Planning Department 130 South Galena Street Aspen, Colorado 81611 303 - 925 -2020 OWNER /APPLICANT: Katharine Thalberg Explore Booksellers 221 East Main Street Aspen, Colorado 81611 303 - 925 -5336 ARCHITECT: Michael Gassman Box 740 Aspen, Colorado 81612 Aspen Land Use Regulations Art. 7, Div. 3. 1. Only for those structures that have received historic landmark designation: antique store, art st o bakery, bed and breakfast, boarding house, Q LOkstoreD broadcasting station, church, dance stu ;- iorist, fraternal lodge, furniture store, mortuary, music store (for �tauran of musical instruments), music studio, re shop craft industry, visual arts gal e provided, however, that (a) no more than two (2) such conditional uses shall be allowed in each struc- ture, and (b) off - street parking is provided, with alley access for those conditional uses along Main Street; 2. Duplex residential dwelling, of which one unit shall be restricted as affordable housing to the middle income price and occupancy guidelines. The affordable housing unit shall comprise a minimum of one -third (1/3) of the total floor area of the duplex. In the alternative, both may be free market units if an Accessory Dwelling Unit shall be provided for each unit; 3. Two detached residential dwellings or a duplex on a lot containing a historic landmark with a minimum area of 6,000 sq. ft., of which one unit shall be restricted as affordable housing to the middle income price and occupancy guidelines. The affordable housing unit shall comprise a minimum of one -third (1/3) of the total floor area of the two dwellings. In the alternative, both may be free market units if an Accessory Dwelling Unit shall be provided for each unit; 4. Day Care Center; 5. Commercial parking lot or parking structure that is independent of required off - street parking, provided that it is not located abutting Main Street; 6. Satellite dish antennae; and 7. Accessory Dwelling Units meeting the provisions of Section 5 -508. D. Dimensional requirements. The following dimensional requirements shall apply to all permitted and condi- tional uses in the Office (0) Zone District: 1. Minimum lot size (sq.ft.): 6,000 2. Minimum lot area per dwelling unit (sq.ft.): detached residential dwelling: 6,000 5 -46 Revisions incorporated through August 14, 1989 • l r Page 4. I 1. SUMMARY OF APPLICATION Explore Booksellers is seeking approval to make two minor changes to its building: 1. Add 180 square feet of office and storage space. 2. Convert an existing 650 square foot one - bedroom free - market apartment to retail commercial (bookstore) use. Explore is located at 221 East Main Street. It is zoned 0 office and subject to a historic overlay. Explore was the first project to make use of the historic overlay provisions of the Code in 1977 and as such was subject to extremely detailed review. It was established in another location in 1975 and has operated continually with the same local ownership, Katharine Thalberg, since then. Retail commercial is a conditional use in the office zone. Explore is abutted on each side by other retail commercial uses. Page 6 t 2. Change in Use from Residential to Retail Commercial Explore proposes to convert an existing one - bedroom free - market apartment on the second floor of the building to retail space. Access will be by a new door at the top of the existing indoor stairway. Books will be displayed in this space and the complimentary coffee and tea service now located in the bay window on Main Street will be relocated to it. There will be several tables and chairs and fresh pastries prepared by Rebecca's will be sold. Th ere will be no food preparation in the Explore building. This addition will provide an ambiance and improvement in service which is increasingly common in larger more civilized cities but is still lacking in Aspen. It is important to keep in mind that this additional service will be very much a part of the bookstore operati and not new restaurant -type business. It will be o ith the same bookstore staff and will use the existing cash register system. It is solely to provide an amenity to the store's clientele: a place to relax, look at books and have a cup of coffee or a snack without the pressure to vacate the table for the next hungry diner. The new space will also be,made available without charge for use by literary or similar groups. The space vacated by the coffee, tea, art books, etc., will be used for expanded magazine display. Hecwrded 3:00 PA Decenyer 9, 1` Ho. 189906 ,,L -c Hane Rce.:rdor - WOK321 M 51 RECORD OF PROCCEDINGS 100 Leaves (Series of 1976) AN ORDITANCE DESIGNATING AS A9 !:ISTORIC DISTRICT ALL OF THOS PW)Pi. ^TIES ABETTING (O:I NORTH AND SOUTH) "1::J S'IP.EET DE:Y7EE:1 ::n::A::• -H *,!!D bLVLN%'j! A:iD ALL OF PAEPCS:: PAei:, W101IN THE CITY OF Alvl 1 WI1Ifi 7 . TRG, ii "W"R P dTiCUid.ALY DESCRInKD AS LOTS K, L, M, N, O, P, 0, R AND S OF HLDCKs iC, iI - u, ]i, 44, 51, 58, 66, 73; LOTS A. H, C, D, c . , G, 11 AND ,I C. ;LUCKS 19, ea As .7 ga. 7!7 nun AIt. OF ST."'K A7 OF THE ORIGINAL ASPEN TOWNSITE WHEREAS, Article 1X of Chapter 24 of the Aspen Muni- cipal Code establishes procedures for th? designation, within the City of Aspen, of historic districts when such areas meet the criteria for and purposes of historic designation, and WHFREAS, the Aspen Planning and Zoning Commission r• (P.and Z) and Aspen Historic PreaerVALloa CUIIYJILLee (HPC) have been presented with evidence runportive of the designation of the following areas of the city as historic all of those properties abutting (on the north dad South) Main Street between Monarcn anci Seventh Streets, and all of Paepcke Park within the City of Aspen, Colorado, which proposed district has been denominated the "Cain Street Historic District ", and WHEREAS, the HPC hag, in its resolution dated July 13, 1976, reported that its preliminary investigation of the Main Street Historic District has shown that Main Street (a) has character, interest and value as part of the development, heritage and cultural charac- teristics of the city; (b) exemplifies the cultural, political, economic, social and historical heritage of the community; ME-, 5 tr RECORD OF PROCEEDINGS - ' 100 Lr (c) includes many structure which portray the environment of a group of people in an are characterized by distinctive architectural stylest and (d) contains structures which,. in +ddition, con- tain elements of design, detail, material, and craftsmanship representing significant architectural styles, and WHEREAS, on receipt of the HPC resolution the P and E, at its meeting held July 20, 1976, did give preliminary appa.ival to the proposed designation and set a Joint UPC and P and f public hearing on the matter for August 17, 1976, and ' wHEREAs, the announced 'Joint public hearing was oou- ducted and subsequent theretc the HPC reaffirmed its findings itemized in its Resolution dated July 13,. 1976, and the P and Z. ' in a Resolution dat -d August 24, 1976, recommended establishment O f the Wain Street Historic District, finding it compatible with the Aspen Area General Plan, and, in addition, that (a)- The Wain Street Historic District will enhance a recently stated Policy of the P and E LO precarvw historic buildings and sites within the City; (b) The main Street Historic District will also reinforce another recently stated policy of the CO=iasiOn, that Ss, by insuring the retention of historic buildings the district . will strengthen the city's economic base by enhancing the tourist experience( (c) The Main Street District will complement the recently Onacted (then pending) amendments to the -2- : • < �5 &(321 rut 53 RECORD OF PROCEEDINGS 100 Leaves O - Office District, and insure that new visually compatible with Main Street's historic appearance, and (d) TLa N„r., SLruuL iiieLuric Lis Lrict will comple- ment the residential distr'.cts north and south Of Main. Strcet and offer 'a comfortable transition between the more intense activities en Main Street and the adjacent residential die'ricts, and WHEREAS, the City Council wishes to purcve the RIC and P and Z recommendations and complete the designation process, NOW, THEREFORE, BE IT ORDAINED. BY THE CITY COUNCIL OF THE CITY U1 ASPEN, C'ULORADU, Section 1 That Main Street between Monarch and Seventh Streets is determined to have historic significance and that the following described property located in Pitkin County, Colorado, M Ancinnafed as an H Historic Overlay District pursuant to the provisions of Article IX of Chapter 24 of the Aspen Municipal Code All of Lots A, L, M, N, O, P, 0, R and S of Blocks 18, 24, 30, 37, 44, 51, 58, 66 and 73 of the Original Aspen Townsite. All of Lots A, 3, C, D, E, C, 11 and J of Blocks 19, 25, 31, 38, 45,.52, 59 and 74 of the Original Aspen Townsite. All of Block 67 of the Original Aspen Townsite. Section 2 If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such Invalidity shall not affect other provisions orr applications -3- w321 iu„ JY RECORD OF PROCEEDINGS 100 Leaves of the ordinance which can oe given effect without the invalid provision or application, 'and to this end the provisions of thin ordinance are declared to be severcble. ction 7 y.� That a public I;caring on this ordinance be held on / /lints ' LQ a?-2 1976, a� 5:00 P.N. in the City council Chambers, City Nall, Aspen, Colorado, fifteen (15) days prior to which hearing notice of the same shall be p• itL.�d once in a newspaper of general clrcolation within the City of Aspen. INTRODUCEn, READ AND uiwiFzD published as provided by law by the_City Council of the City of Aspen, Colorado, s' at its rrgnlar meeting held at the City of Aspen on the �'� day, of n� .ATTEST: Kathryn S .tauter City Clerk iNALLy adopted, pn nned end approved on the e�a day of / (B -utr> , 1976. fi S t. Racy tan ey III ....:u: Maywr i �...__. ATTEST: •�' Kathryn 5 :iautcr City Clerk -1- 1 3:01 PU December 9, 197 — - -ptjon No. Julie Mane Recorder &u 321 55 RECORD OF PROCEEDINGS 100 Leaves URDTNANCI: !!0. j:� (Series of 19761 All ORDILIANCE TUC RFSIDENCE (LOTS D AND E OF nLOCK 74, F) 1 - 1 3 ;1N H1S% 57RUC7U . TO AR71CLI; 'A QF ?4 fil T!Fr: AfzTlr.:l MUNICIPAL CODE oretorvi*ion Committee Lad Planni, laVc (-rwmr a recommendation to the Council sur of tnc- designation of The �hoenbcrg Residence as hi,t,,ri, structure and site and the Jity Council wishes to pursue that recommendation and complete t ..i designa- tion Pruce.— NOW, THEREFORE, 3E IT ORDAINED BY THE CITY COUNCIL r OF I!;[; CITY OF ASVEN, 1-0-LORADO: Section i That the following structure and site be and hereby are determined to have historic significance and that the following described property be dsignated as an R Historic Overlay District pursuant to the provisions of Article IX of Chapter 24 of the Aspen Municipal Code. T,ots D and E of Block 74, original Aspen Townsite Pitkin County, Colorado (The Shoenberg Residence). Section 2 If any provision of this ordinance or the application thereat to any person or circumstance is held invalid, auul invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of thin ordinance are declared to be severable. .., WUK321 pa 56 RECORD OF PROCEEDINGS app Leaves That a public hearing be held on this ordinance on 1976, at 5:oo P.m. In the City Council Chan.bers, City Hall, aspen, Colorado, filteen (15) days prior to which hearing notice of th0 same shall be published once in a newnpaner of general circulation within the City of Aspen. , P,T^ 7 -- F._,.ID Fd7u JGDLHLU published as Provided by 12x L.I. t'C City Council of tile City of Aspen, Colorado, at its rrgul.ar c.crticg held aL the City of Aspen, on the—el-'r- — day of _fin C:J 1976. L r Stacy StandleV III Mayor 'ATTrST: ) City Clerk, • v • FINAr.I.y adcntrA 4 , •, -pro•'Cd o.. the ',q day of !- :. - /sJ/. 1976. r _ _ " "•�� �'•" Stacy,— andley III / Mayur: - 1 nussr: ALL .. ' !• athryn • :iauter ! .City Clerk _Z_ roc EXPLORE BOOKSELLERS ADDITION The following is to address Attachment 4 and Attachment 5, Paragraph 3: The property is in an office zone and is part of the Historic Overlay District. The building addition does not extend into any setbacks. The design of the addition uses the same materials, colors, etc., as the existing building and its massing is compar- able to existing elements using the same detailing on railing and ornamental treatments. The addition is consistant with the character of the neighborhood as it is in keeping with the existing Victorian design of the existing building. The addition does not detract from the cultural values of the designated historic structures as all the work is located in the alley and the back side of the building, and the architecture is complementary to the existing Victorian design as well. The architectural integrity of the existing building is not diminished since all new material will match the existing. The architectural style is in form and massing, reflective of the elements of the existing structure. This Application is for all anticipated work. Since the expansion is over 500 square feet, a Full Historic Review with a Public Hearing is required. The first floor addition will be storage and back zoom space of approximately 490 square feet. The second floor addition will relocate the existin p kitchen into the expansion and will contain approximately 1 square feet. That will bring, the total square footage of t b ilding to 3830 square feet. Zoning allows for 4486 square feet. Also included is an addition of a 221 square foot deck. The total deck square footage including the existing area is 445 square feet. Zoning allows 673 square feet. RW:A2Z 6/21/89 r EXPLORE BOOKSELLERS ADDITION i j The following is to address Attachment 2, Paragraph 5: The proposed addition contains approximately 686 square feet. We are expanding the southeast corner of the building going back to the fence at the parking area. We are expanding under the existing deck at the southwest corner and about 5 feet from the fence. This addition contain 490 square feet of back area and storage expansion on t rst floor. On the second floor, we adde 19 quare feet to the southwest corner of the build nd replaces the existing rear exit stair. There is 111 square feet of deck connecting the existing deck area to the existing 1 stair. An addition of 110 square feet of deck was created by the expansion of the room below. The F.A.R. is .75 to 1, allowing for approximately 4486.5 square feet. We now have approximately 3144 square feet of floor area and will increase it to 3830 square feet. The deck area allowed is 15% of floor area, which is 673 square feet, of which we have only 224 square feet of deck with the new deck area included and will increase it to 445 square feet. The setback on the sides are not changed and the rear setback is 15 feet; we are approximately 20 feet back. RW:A2Z 6/21/89 9. Description of Development Application The first floor addition will be storage and back room space of approximately 490 square feet. The second floor addition will relocate the existing prep kitchen into the expansion and will contain approximately 196 square feet. That will bring the total square footage of the building to 3830 square feet. Zoning allows for 4486 square feet. Also included is an addition of a 221 square foot deck. The total deck square footage including the existing area is 445 square feet. Zoning allows 673 square feet. ^, J X 0 x ® , d �c a 13 � - � I zlz wtv I ti W N butt e� ��e� p • c :, •� L H3 dSr 0 A W �CE m • X t �J ® W CE m � n d �YIE' e 133 1125 I `\ d• ,w. " N s O �f0 "�. r �u3lrar I ti W N butt e� ��e� p • c :, •� L H3 dSr 0 A W �CE m • X t �J ® W CE m � n d �YIE' e 133 1125 I `\ d• ,w. ASPEN /PITRIN PLANNING OFFICE 130 S. Galena Street Aspen, Colorado 81611 (303) 920 -5090 May 4, 1989 Randy Wedum 201 N. Mill Street Aspen, Colorado 81611 MAY -5 RE: Explore Booksellers Insubstantial Amendment to an Approved Conditional Use and GMQS Exemption Dear Randy, This is to inform you that the Planning Office has completed its preliminary review of the captioned application. We have determined that your application is not complete. We are unable to schedule it for review at this time. Following is a list of the items we require to complete the application: 1. Letter of authorization from the owner pursuant to Sec. 6- 202.B.1. of the Land Use Regulations. 2. Proof of Ownership pursuant to Section 6- 202.B.3. of the Land Use Regulations. 3. A specific explanation of how the new service delivery area will work. Will any parking spaces be lost? Where do delivery trucks come to drop off books now? Where will they drop off after this expansion? How lang do they stay in delivery area? How often does this occur, etc.? If you have any questions please call, Alan Richman. Thank you. Sincerely, Debbie Skehan Administrative Assistant ds