HomeMy WebLinkAboutcoa.lu.cu.425 E Cooper.Guidos Coffee Cart.A085-974w,
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RESOLUTION OWTHE ASPEN PLANNING AND ZdMNG COMMISSION
DENYING THE COMMERCIAL RESTAURANT USE OF REQUIRED OPEN
SPACE FOR A COFFEE CART ON THE NORTH SIDE OF THE GUIDO'S
BUILDING, 425 EAST COOPER AVENUE, CITY OF ASPEN PARCEL NO.
2737- 182 -21 -009
Resolution #97 - 33
WHEREAS, the Community Development Department received an application from
Guido's Swiss Inn Limited Partnership, represented by David and Leslie Jordan Estes, for the
commercial restaurant use of required open space for a coffee cart on the North side of the
Guido's Building, 425 East Cooper Avenue, City of Aspen; and,
WHEREAS, pursuant to Section 26.04. 100 of the Municipal Code of the City of Aspen,
required open space may be used for commercial restaurant use if the Planning and Zoning
Commission determines the use is compatible with or enhances the purposes of the open space
requirements and adequate pedestrian and emergency access will be maintained; and,
WHEREAS, the application was referred to the relevant agencies and the Housing
Office, Fire Marshall, Environmental Health Department, City Engineering Department, and
Community Development Department reviewed the proposal and recommended approval with
conditions; and,
WHEREAS, the Community Development Department did post a public notice at the
proposed location to inform interested parties of the application and to allow the Planning and
Zoning Commission the option to take and consider public comment; and,
WHEREAS, the Planning and Zoning Commission did opt to take and consider public
comments during the meeting; and,
WHEREAS, during a regular meeting on December 16, 1997, the Planning and Zoning
Commission denied, by a 5 -2 vote, the application finding the proposed use would be
incompatible with the purposes of the open space requirements.
NOW, THEREFORE BE IT RESOLVED by the Aspen Planning and Zoning Commission
that the commercial restaurant use of required open space at 425 Cooper Avenue is denied.
DENIED by the Commission at its regular meeting on December 16, 1997.
APPROVED AS TO FORM:
PLANNING AND ZONING
COMMISSION:
City Attorney
ATTEST:
Sara Garton, Chair
. 16 .
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MEMORANDUM
TO: Aspen Planning and Zoning Commission
THRU: Stan Clauson, Community Development Directoe44
Julie Ann Woods, Deputy Director
FROM: Christopher Bendon, Planner
RE: Guido's Coffee Cart
Commercial Use of Required Open Space
DATE: December 16, 1997
SUMMARY:
The applicant, Guido Meyer, represented by David and Leslie Jordan Estes, has
applied to use required open space commercially for a coffee cart. The cart is
proposed on the north side of the Guido Building, where the River Valley Ranch
sales office was located.
Required open space may be used commercially for restaurant use with approval
from the Planning and Zoning Commission. This is a regular meeting and the
Commission is not required to take public comment. Staff, however, has posted
the property in case the Commission is interested in hearing comments from the
public.
APPLICANT:
Guido Meyer. Represented by David and Leslie Jordon Estes.
LOCATION:
The north patio of the Guido building. 425 East Cooper Avenue.
ZONING:
Required open space, Commercial Core (CC).
LOT SIZE, LOT AREA, FAR:
Does not apply, refer to "Staff Comments."
CURRENT LAND USE:
Required Open Space patio area functioning as part of the pedestrian mall. Planter
boxes and benches.
l
PROPOSED LAND USE:
Same with the addition of a coffee cart as a commercial use. Cart is proposed to
operate approximately 8 months of the year.
REVIEW PROCEDURE:
The requirements for commercial use of open space are outlined in the definitions
section of the code. There are no specific procedures set up for this review. The
meeting does not need to be a public hearing, but staff has posted the property so
Commission members may have the chance to hear and consider public comments
if they wish.
STAFF COMMENTS:
This is not a typical case in that the `development' is not of bricks and mortar. It
is, however, commercial use of open space which is prohibited except for
restaurant use. Staff believes this cart is a restaurant use according to the
following definitions:
Restaurant means a commercial eating and drinking establishment where
food is prepared and served indoors, for consumption on or off premises. A
restaurant shall only be permitted to prepare or serve food outdoors, in
required open space, when approved by the commission pursuant to Section
26.04.100, Open Space. A restaurant shall be required to have service delivery
access from an alley or other off - street service delivery area. If the restaurant
is located off ground level, it shall have use of an elevator or dumbwaiter for
service access. A grocery store or similar establishment which prepares and
serves food but which principally sells packaged or nonperishable food and
drink shall not be considered a restaurant.
Open space (,n required open space may be used for commercial restaurant
use if, the Commission shall determine that such use is compatible with or
enhances the purposes of these open space requirements and that adequate
pedestrian and emergency vehicle access will be maintained.
Staff believes this development does not qualify as net leasable commercial space
based on the following definitions:
Net Leasable means those areas within a commercial or office building which
are or which are designed to be leased to a tenant and occupied for
commercial or office purposes, exclusive of any area dedicated to bathrooms,
stairways, circulation corridors, mechanical areas and storage areas used
solely by tenants on the site.
Building means any structure including a roof supported by walls, designed
or built for the support, enclosure, shelter, or protection of persons, animals,
chattels or property of any kind which is erected for permanent location on the
ground. A building includes yurts, removable sheds, and similar uses, but does
not include signs or fences.
Structure means anything constructed, installed, or portable, which requires
location on a parcel. It includes a movable building which can be used for
housing, business, commercial, agricultural, or office purposes, either
temporarily or permanently. "Structure" also includes roads, walkways, paths,
fences, swimming pools, tennis courts, signs, sheds, and other accessory
construction. "Structures" do not include fences or walls used as fences less
than six (6) feet in height, poles, lines, cables, or other transmission or
distribution facilities of public utilities.
According to these definitions, this coffee cart is a structure, but not a building
and, therefore, not net leasable space. This is consistent with other approvals for
commercial use of open space for restaurant seating. Although outdoor seating
areas essentially increase restaurants' capacity, and most likely employee
generation, the restaurants are not required to mitigate for additional employees
for these outdoor areas.
The Historic Preservation Commission, who reviews all development in the
Commercial Core Historic District, reviewed and approved this application at the
November 24, 1997, meeting.
Review criteria and Staff Findings have been included as Exhibit "A." Agency
referral comments have been included as Exhibit `B." The application has been
included as Exhibit "C."
RECOMMENDATION:
Staff recommends the Commission approve this commercial use of required open space
with the following conditions:
1. This Coffee Cart may be operated on the north -east side of the Guido Building, 425 East
Cooper Avenue.
2. Prior to issuance of a business license, the applicant shall gain all necessary approvals from
the Environmental Health Department. All changes to the menu and/or physical operation of
the Coffee Cart must be reviewed and approved by the Environmental Health Department.
3. The cart shall only be operated on private property and may not encroach on public rights -of-
way. This includes the public mall. The cart may not restrict egress to any structure and
may not be placed in such a way as to restrict emergency access. The cart must comply with
all requirements of the building inspector and electrical inspector
4. All signage for the cart must comply with City regulations for signage.
The applicant shall operate this coffee cart in accordance with all requirements of this
approval, all requirements that may apply to modifications to the menu or physical structure,
and all requirements that generally apply to public and private property for the purpose of
protecting the health and safety of the community in general. This includes, but is not
limited to, requirements of the Building Inspector, Electrical Inspector, Environmental
Health Department, and the Fire Marshal. Failure to comply with these requirement may
result in an immediate cease and desist order and/or revocation of this land use approval.
6. Before issuance of a building license, the applicant shall record this Planning and Zoning
Resolution with the Pitkin County Clerk and Recorder.
7. All material representations made by the applicant in the application and during public
meetings with the Planning and Zoning Commission shall be adhered to and considered
conditions of approval, unless otherwise amended by other conditions.
RECOMMENDED MOTION:
"I move to approve this commercial use of required open space for a coffee cart in
front of the Guido building, 425 E. Cooper Avenue, with the conditions outlined
in the Staff memo dated December 16, 1997."
ATTACHMENTS:
Exhibit A -- Review Criteria and Staff Comments
Exhibit B -- Referral Agency Comments
Exhibit C -- Application
M
EXHIBIT A
Staff Comments: Commercial Use of Open Space.
Pursuant to Section 26.04.100, Open Space (J), "required open space may be used for
commercial restaurant use if, the Commission shall determine that such use is compatible
with or enhances the purposes of these open space requirements and that adequate
pedestrian and emergency vehicle access will be maintained."
Compatibility:
The open space in front of the Guido Building functions as part of the Cooper Avenue
Mall. There are a few planter boxes and benches in this required open space.
Staff feels the purpose of having open space downtown should be for the general
enjoyment of pedestrians. Open space should not only be pleasant visually but should
also contribute to the overall experience of being downtown. Land owners should be
encouraged to provide improvements to meet this goal.
The City's open space requirements are generally quantity oriented and not specific to the
quality or performance of the open space. Some uses of open space downtown, such as
outdoor restaurant seating, are very successful and contribute to the downtown
experience. There are some open spaces, however, that are not as successful and
sometimes detract from the urban experience and architecture of the surrounding
buildings.
Staff feels this cart will contribute to the pedestrian environment and general vitality of
the Cooper Mall. The cart is well designed and attractive and should not detract visually
from the surrounding development. The use will attract pedestrians and encourage an
active use of the open space.
Pedestrian and Emergency Access:
The cart is proposed for the north east corner of the Guido Building. The applicant
intends to keep the cart relatively close to the corner of the building so that pedestrians
would not be passing `behind' the cart and potentially tripping over a power cord that will
be connected to the building. The cart will be moved inside each night.
The Fire Marshall did not express any concerns over the proposed placement of the cart,
especially because the cart could be moved on short notice if fire apparatus needs to be
brought into the mall.
The cart is expected to serve primarily a walk -up crowd and is not expected to encourage
more illegal parking on or around the mall than normally occurs.
Na nce Ma 02:44 "A 3/12/97, Guido espresso cart _
X- Sender: nancvm @comdev.ci.aspen.co.us
Date: Wed, 03 Dec 199714:44:25 -0700
To: chrisb @ci.aspen.co.us
From: Nancy MacKenzie <nancym @ci.aspen.co.us>
Subject: Guido espresso cart
Chris,
Environmental Health Comments for the application from Leslie Estes
regarding an Espresso Cart in front of Guido's are:
1. A menu was provided to us by Leslie Estes on 11-25-97. Only hot
coffees & teas will be served and any pastry will be individually packaged
and not require refrigeration. Based on this menu no Colorado Food Service
License is required.
2. A condition of approval is that approval is for this menu only
and if the menu changes the approval is no longer valid.
Chris - for example, if they have ice in the summer for iced drinks, this
would require that they have a Food Service License.
nancy
Nancy MacKenzie
920 -5076
Pr inted for Christopher Bendon <chrisb @ci.aspen.co.us> 1
MEMORANDUM
TO:
Chris Sendon, Community Development Department
FROM:
Cindy Christensen, Housing Office
DATE:
December 2, 1997
RE:
Guido's Coffee Cart
Parcel ID No. 2737 - 182 -21 -009
I : The applicant is requesting to operate an espresso cart on the patio facing Cooper
Avenue, in front of Guido's.
SACICGBOUN>Z The size of the cart Is 4.5 X 2.5 = 11.25 square feet. According to Chaptar
26.102, Growth Management Quota System (GMQS) —Ca m*rrlal and 01ECe Development,
the applicant is required to mitigate for 3.5 to 5.25 employees/1,000 square feet, in the
Commercial Core.
The applicant would have to mitigate for the following:
11.25 + 1,000 X 3.5 = .039375 X .8867 (which takes into account that the cart
would be operating 8 months per year [8 � 12]) $g2,000 (Payment -In -(Lieu fee for
Category 1 Full -Time Equivalent Employee) = $2,415.12
The applicant is required to mitigate for .026251 employees. The appicant could mitigate by
providing a studio, Category 1 unit, or by providing a payment4n4ieu fee of $2,415.12.
RECOMMENDATION The Housing Office would prefer the Mitigation be pro in a unit on
site, but understands that the applicant only needs to mitigate for .025251 employee. The
applicant is also fisting that the mMgaW time be paid over a three - year period of time. The
Housing Office does not have a problem with this request, but would suggest that should the
payment- in-rou fee increase over the next three years, that the mitigation be rs- cftdaied and the
fee be increased that specific amount, minus what has already been paid. The payment4n4lou or
fee is reviewed on a yearly basis and increases (or decreases) according to construction costa
and land costs.
J
To:
Thru:
From:
Date:
Re:
Chris Bendon, City Planner
Nick Adeh, City Engineer
DRAFT p
MEMORINDUM
Ross C. Soderstrom, Project Engineer
November 26, 1997 , L ��
Guido's Coffee Cart Special Review
Physical Address: 439 East Cooper Avenue and/or 403 South Galena Street, City of Aspen, CO
Legal Description: Lots H & I, Block 90, City and Townsite of Aspen, CO
After reviewing the above referenced application and making a site visit, I am reporting the comments of
the Engineering Department:
1. Parking & Traffic Impacts: The anticipated clientel is expected to consist of pedestrians
without significant vehicular impacts thus no mitigation would be needed.
2. Trash Disposal: The applicant shall provide a trash disposal container on his property
which will be only brought out during hours of operation of the coffee cart and will be emptied
daily.
3. Pedestrian Circulation: The proposed position of the coffee cart does not appear to pose an
impediment to pedestrian circulation on the property and the mall area although consideration
should be given to defining an area of operation to minimize encroachment into the mall.
4. Utility Services: All electrical cables, wiring, tubing and similar materials used in
conjunction with the cart should be enclosed or bundled in a manner that will minimize the
trimming hazard potential for the operators, customers and other pedestrians. To minimi the
tripping hazard as well as reduce the encroachment into the mall area, the cart should be
positioned relatively close to the building to discourage pedestrians from attempting to walk
behind the cart where such cables would most likely be placed.
DRCN2297.DOC
1 OF 1
DRAFT
194 Deer Run • Carbondale, CO 81623 • (970) 963- 4821/4820 • Fax (970) 963 -4822
11/17/97
SUBMISSION FOR ESPRESSO CART
Applicant:
Guido's Swiss Inn Limited Partnership, a Colorado Limited Partnership
Legal Description
425 East Cooper Avenue
of parcel where
Aspen, Colorado 81612
Espresso Cart is
927 -3803
Representative
David & Leslie Estes
authorized to act
194 Deer Run
on behalf of
Carbondale, Colorado
applicant:
963- 4821/4820
Address &
425 East Cooper Avenue
Legal Description
Aspen, Colorado 81612
of parcel where
Lots H & I in Block 90 in the
Espresso Cart is
City and Townsite of Aspen
to be located:
Also known by street and number as:
439 East Cooper Avenue and /or
403 South Galena Street
• The existing conditions of the property for the proposed espresso cart location is currently zoned
as Open Space. The cart would be located on the patio running along the front facing side of
Guido's Swiss Inn. This is a very large patio space adjacent to the building.
The proposed location of the cart is not situated in front of any doorways or emergency exit routes,
and will not obstruct the line of foot traffic along the patio.
The espresso cart dimensions are approximately 4.5' x 2.5' plus a 2' x 2' accessory unit.
Please see attached drawing for approximate placement of cart on this space.
• Certification from the Colorado Department of Health is not required for establishments serving
only hot coffee beverages. This ruling was enacted due to the high volume of establishments such
as quick stops, gas stations, etc., who serve only coffee and donuts.
Thank you for your consideration,
David and Leslie Estes
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LAND USE APPLICATIO'
PROJECT: I
Name: ESeorSO G4,2T ��oo`s Cof� Cart
Location: c r g CooPtae Adi • ?s It f.r mt BlocA 40 lou *L C -t *o ns t� oFA- s✓.a.n
(Indicate street address, lot & block number, legal description where appropriate)
APPLICANT:
Name: Gui�osSt�isslr�h LeKTLO t T A1L!(JI{tP ✓( CotoKfto ZrAau Pi9ingie.*j?
Address: yas� looP£n {}rj�•
Phone #: 5b 3.
REPRESENTATIVE:
Name: QgU1D ES!CS QhJ, i lAr-5
Address: 1 gg floAx &n , 616no(,L._ CO 51le;L
Phone #: /9 (g3 -Y8. -0
I YPE OF APPLIUA I IUN: (please clieck all tnat apply)
❑
Conditional Use
❑
Conceptual PUD
❑
Conceptual Historic Devt.
❑
Special Review
❑
Final PUD (& PUD Amendment)
❑
Final Historic Development
❑
Design Review Appeal
❑
Conceptual SPA
❑
Minor Historic Devt.
F�
GMQS Allotment
❑
Final SPA (& SPA Amendment)
❑
Historic Demolition
(]
GMQS Exemption
❑
Subdivision
❑
Historic Designation
❑
ESA - 8040 Greenline, Stream
❑
Subdivision Exemption (includes
❑
Small Lodge Conversion/
Margin, Hallam Lake Bluff,
condominiumization)
Expansion
Mountain View Plane
❑
Lot Split
❑
Temporary Use
❑
Other:
❑
Lot Line Adjustment
❑
TexVMap Amendment
EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.)
Ert�40's SwIsJ Inn L !Qtrtb.a. . en I, rea_ "4 I j1, -tod an 10W41 /Au
PROPOSAL: (description of proposed buildings, uses, modifications, etc.)
To 669 ft Atz Asp u o cam Qi 1,t 14 or c oop r ikhe
(OtAlc S" —a'NL .j' 51Catc4. tadi���,n� cur4 P(aur, }�
Have you attached the following? FEES DUE: $ 4 VO
❑ Pre - Application Conference Summary
❑ Attachment #1, Signed Fee Agreement
F Response to Attachment #2, Dimensional Requirements Form
❑ Response to Attachment 0, Minimum Submission Contents
❑ Response to Attachment #4, Specific Submission Contents
❑ Response to Attachment #5, Review Standards for Your Application
ASPEN/PITHIN COMMUNITY DEVELOPMENT DEPARTMENT
Agreement for Payment of City of Aspen Development Application Fees
(Please Print Clearly)
CITY OF ASPEN (hereinafter CITY) and &(t x-tt� e- �, t.- iSta Cnd
(hereinafter APPLICANT) AGREE AS FOLLOWS:
1. APPLICANT has submitted to CITY an application for
Ct-f (hereinafter, THE PROJECT).
2. APPLICANT understands and agrees that City of Aspen Ordinance No. 43 (Series of 1996)
establishes a fee structure for land use applications and the payment of all processing fees is a
condition precedent to a determination of application completeness.
3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed
project, it is not possible at this time to ascertain the full extent of the costs involved in processing
the application. APPLICANT and CITY further agree that it is in the interest of the parties to allow
APPLICANT to make payment of an initial deposit and to thereafter permit additional costs to be
billed to APPLICANT on a monthly basis. APPLICANT agrees he will be benefited by retaining
greater cash liquidity and will make additional payments upon notification by the CITY when they
are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of
recovering its full costs to process APPLICANTS application.
4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete
processing or present sufficient information to the Planning Commission and/or City Council to
enable the Planning Commission and/or City Council to make legally required findings for project
approval, unless current billings are paid in full prior to decision.
5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to
collect full fees prior to a determination of application completeness, APPLICANT shall pay an
initial deposit in the amount of $ which is for hours of Planning staff time, and if
actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings
to CITY to reimburse the CITY for the processing of the application mentioned above, including
post approval review. Such periodic payments shall be made within 30 days of the billing date.
APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension
of processing.
CITY OF ASPEN APPLICANT
i
Community Development Director
City of Aspen
c�
Signatur
Date:
Printed Name:
Mailing Address:
ATTACHMENT 2
DIMENSIONAL REQUIREMENTS FORM
Project: r t,, s Co- p'.t,_. Cc �
Applicant: — L4 kyl &. j .(L ,„L j,s-l5
Location: y3f F - CocRe,r AOL- 8r4t1
Zone District: (` ,*•cc a\
Lot Size:
Lot Area:
(for the purposes of calculating Floor Area, Lot Area may be reduced for areas
within the high water mark, easements, and steep slopes. Please refer to the
definition of Lot Area in the Municipal Code.)
Commercial net leasable:
Existing:
— Proposed. -
Number of residential units:
Existing:
Proposed:
Number of bedrooms:
Existing:
Proposed:
Proposed % of demolition (Historic properties only)
DIMENSIONS: Ca , r+
. y S' X a.3
Floor Area:
Existing:
Allowable:
Proposed:
Principal bldg. height:
Existing:
Allowable:
Proposed:
Access. bldg. height:
Existing:
Allowable:
Proposed:
On -Site parking:
Existing:
Required:
Proposed:
% Site coverage:
Existing:
Required:
Proposed:
% Open Space:
Existing:
Required:
Proposed:
Front Setback:
Existing:
Required:
Proposed.•
Rear Setback:
Existing:
Required:
Proposed:
Combined F/R:
Existing:
Required:
Proposed:
Side Setback: Existing: Required: Proposed:
Side Setback: Existing: Required: Proposed:
Combined Sides: Existing: Required: Proposed:
Existing non - conformities or encroachments:
Variations requested:
NOVEMBER 17, 1997
TO WHOM IT MAY CONCERN,
DAVID AND LESLIE JORDAN ESTES HAVE OUR APPROVAL TO
ACT AS REPRESENTATIVES TO GET APPROVAL FOR THEIR
ESPRESSO CART TO BE LOCATED ON THE CORNER OF OUR
PROPERTY ON GALENA AND COOPER. IF YOU HAVE ANY
QUESTIONS PLEASE CALL ME AT 927 -3803,
SINCRRELY YO
GUIDO MEYER
APPLICANT
GUIDO'S SWISS INN LIMITED PARTNERSHIP,
A COLORADO LIMITED PARTNERSHIP
GUIDO MEYER: 927 -3803
REPRESENTATIVES
DAVID ESTES & LESLIE JORDON ESTES
194 DEER RUN
CARBONDALE, COLORADO
963 -4821
APPLICANT
425 EAST COOPER AVENUE
ADDRESS
ASPEN, COLORADO 81612
LOTS H & I IN BLOCK 90 IN THE
CITY AND TOWNSITE OF ASPEN
ALSO KNOWN BY STREET AND NUMBER AS
439 EAST COOPER AVENUE AND /OR
403 SOUTH GALENA STREET
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