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.
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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