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HomeMy WebLinkAboutLand Use Case.CU.585 Cemetery Ln.1976-CU-55S5 CU-S - PARES MAINTENANCE FACILITY 1976 Ui I i MEMO TO: MI CK MAHONEY CITY MANAGER /_ Rom?-_/\ FROM: CLAYTON H. M£.YRING `• 7 " CHIEF BUILDING INSPECTOR DATE: April 14, 1976 RE: PARKS & RECREATION MAINTENANCE BUILDING I have reviewed the plans submitted for the Parks and Recreation Maintenance shops. The plans as submitted are very inadequate and no permit should be issued for the following reasons: 1) The plans should reflect the conditions imposed by the Planning and Zoning Commission when they gave Conditional Use approval. This would mean a site plan showing landscaping, berms, roadways, etc. 2) A survey of that part of the property is required by Sec 301(b) of the Building Code as amended, which should include: a) Type of monuments set on property corners. b) The location and dimensions of any ease- ments or rights -of -way of record or in evidence on said property. c) The location of any existing improvements on said property or on rights -of -way on easements. Lou Buettner is working on this survey but has not completed it yet. 3) The Building Code requires a one hour occupancy separation between the office greenhouse area and the repair garage and one hour separation between storage and repair garage. All openings between these areas must be protected by a one hour fire assembly. The plans do not reflect what the walls are constructed of or what the openings are. 4) Two exits are required from the repair garage and the required doors must swing in the direction of egress. 5) Plans do not reflect whether the windows are operable to meet ventilation requirements of the building code. 6) No details have been given for construction of greenhouse windows type of glazing or ventilation requirements. 0 • 1 J MEMO -PARKS & REC BLDG. Page 2 7) There are no details given for block walls around the yard area and building to support the earth berm. Those walls must be designed as retaining walls to meet the requirements of the Building Code. 8) The plans show no provision of how the building is heated, therefore, it is difficult to determine whether the heating system will conform with applicable codes. 9) The steel beam and its supporting columns has not been designed, sized nor detailed to show that it will support the loads imposed. The above must be corrected and in addition any other discrepencies that might come to light when a more pro- fessional study is given the proposed project inorder that the city can be reasonably assured that the finished product will comply with all applicable codes and ordinances. cc: Bill Kane � 0 SILV E � � OL \ s U1 � k„ /p E r1720 _ ,- 4 co , Z. `.> . � +s\\ � /pep' , ` ,9 i � �'� ��` � � � � s�% 1 � �� 1 �j,.,-�►1" � d ,��, \ 27 / Ail c FILIN�� 1-4 Cl to Ir r "TnT� j i 14_.. ..j �J Ll RECORD OF PROCEEDINGS 100 Leaves FORK % C. f. Norcm !. !. E L. CO. Regular Meeting Aspen Planning and Zoning Commission February 17, 1976 Meeting was called to order by Chairman Jack Jenkins at 5:15 p.m. with members Roger Hunt, Allison Downing, Patrick Dobie, Danny Abbott, and Chic Collins present. Unexcused was Bryan Johnson. Also present was City Attorney Stuller, and Hal Clark and John Stanford both from the Planning Department. Conditional Use Clark mentioned that officially the public hearing was Parks Maintenance closed on the parks maintenance building. Armstrong presence to the Planning and Zoning Commission a more detailed map of the landscaping for the Parks Maintenance Building. What was included in the plans was a new proposed fairway for the golf course. The road at the entrance for the Plum Tree will not be effective and will be closed. The only people that will be using the bicycle path will be those going to the Open Door and those who will be using the parks building. Armstrong also presented drawings of what the building with the landscaping will look like. The reason for not placing the building behind the Plum Tree was because the tennis courts will be placed directly behind the Plum Tree. Therefore, the only place they could get sewage would'be to either pump it 800 feet up to the Plum Tree or go down to the cul-de-sac where Metro is connected. The only access would be off of highway 82 and they can't drive the vehicles across the fairways.—� Motion Abbott made a motion -to approve the Parks Maintenance Building granting conditional use; also further that when the building is completed that the storage shed will be moved or come down and not be on the golf course; further stated that the landscaping will be completed before final (occupancy permit) and if Open Door moves the parking for Open Door and that building will be moved and the parking will be eliminated for that particular site. If these buildings are removed, it will be compatible with the land use in that area. Hunt made an amendment to the motion furthering conditione upon items 1, 2, and 4 of the Planning staff letter of 15 January 1976 and further conditioned that no parking or no storage will be allowed outside the compound area. Downing made a second to the motion. All in favor, motion carried. lo Park Circle Hunt made a motion to postpone the Park Circle Conceptual Subdivision until the next regular secheduled meeting; seconded by Abbott. All in favor, Jenkins abstained. Motion carried. Subdivision Mr. Jordon was present to represent the Hallam Addition. Exemption The surveyor made an error and stated that the property Hallam Addition was 18,000 square feet; however, the actual square footage it (sill martin) of the property is 11,500 square feet. Therefore, would to be creating a non -conforming lot if he was allowed be able to split just the two fee title lots. The planning department is recommending that a condominiumization be done where an agreement be drawn having the property in common ownership. Condominiumizing the property so it would have two owners. Jordon mentioned that they would like the opportunity to either condominiumize or use a use maintenance agreement. A use maintenance agreement would provide that two people could each own an undivided one-half interest in the lots subject to the maintenance use agreements contained in the agreement. It is similaij��'C=ondominium declaration, but doesn't come within the purview of the condominium act. -1- r RECORD OF PROCEEDINGS 100 Leaves �•r,w C. r. N 17Krl n. N. 4 L. 11. Regular_ Meeting Planning and Zoning Commission January 27, 1976 Meeting was called to order by Chairman Jack Jenkins at 5:10 p.m. with members Roger Hurt, Bryan Johnson, Patrick Dobie, Chic Collins, Danny Abbott and Allison Downing present. Also present was City Attorney Stuller and City/ County Planner Kane. Approval of Minutes Hunt made a motion to approve the minutes of January 20, 1976, with the following corrections: on page 3, fourth paragraph insert after the word residents --outside the Cc and C-1 zone. On page 4, fifth paragraph insert after Callahan the word project. Seconded by Dobie. All in favor, motion carried. New Business Kane brought the Planning and Zoning up to date on Council's most recent decision on the Trueman Property. At the January 26 Council Meeting Council approved a 35,000 sq.ft. building consisting of a 20,000 sq.ft. grocery store; 5,000 sq.ft. accessory neighborhood commercial; 10,000 sq.ft. housing. The developers may resubmitt an additional 10,000 sq.ft. for office space. The Council may decide on a 45,000 sq.ft. building. Jenkins introduced the two new members which Council appointed at their January 26, 1976 meeting. The members are Bryan Johnson and Allison Downing. Collins acknowledged the memo which City Attorney Stuller had written up. The memo was in reference to the functior_ of the Planning Department, the Planning Commission and the City Council. City Attorney Stuller told the Commission the only way they are going to learn about Ordinance #87, Series of 1975, which is in reference to the quasi-judicial hearinc is through practice. However, the most important thing would be is for the Commission to remember that when a motion is made to incorporate their findings and con- clusions and rationale for the action. If they can't, City Attorney Stuller suggested they postpone the findinc and conclusions and she will draft them. If there is a complex question and takes time to formulate and articu:lAte a position, the Commission is free to considei a resolution and at the next meeting itemizing it. The Courts have looked and said the Boards have to spell out for the applicants their reasons for their actions. The Court cannot be asked to anticipate or second-guess what the Board is doing and why. If the Board does it, they will get the benefit of the doubt and is a nice benefit to have when appealing the matter. Conditional Use Jenkins felt the Parks -Maintenance Building fit into the Parks Maintenance code legally; however, after listening to the people speak at the public hearing, was questioning whether the building from an appearance standpoint will fit into the proposed location. City Attorney Stuller mentioned to the new members that because the next three items were public hearings at the January 20 meeting; they are not allowed to vote. Jenkins read into the record a letter from Walter B. Mil protesting the Parks Maintenance shed because the area i heavily travelled and a possibility of heavier equipment. moving into the area in the future. -1- Planning and Zoning Commission January 27, 1976 14 Parks Maintenance Jenkins asked Kane to include in the Planning Office (cont'd) recommendations the following: 1) the employee parking and all equipment and supplies incidental to the operation would park inside the bermed area; 2) they hav, a detailed landscaping plan; 3) a bike path alternative; 4) an isometric sketch plan. Hunt moved to table the Parks Maintenance Building until the next Planning and Zoning Meeting; seconded by Dobie. All in favor, motion carried. Record Shop Kane mentioned the planning and zoning commission moved to include the record shop as a conditional use in the Durant Mall. The Planning Office is recommending approv, Hunt was concerned about the heavy impact of parking in the area due to the parking from City Market and parking already coming into the Durant Mall. Collins didn't feel it was an appropriate neighborhood commercial use; It is on the periphery of the CC and C-1 and would have a bad effect on the commercial area. Motion Dobie moved to approve the record shop as a conditional use in the Neighborhood Commerical zone. Jenkins said that it already is a conditional use in the N/C zone. Abbott made a second to the motion because he felt a store like this is needed because music lessons will be given. City Attorney Stuller asked Dobie if he made that motion because he feels that it is appropritate because it is compatible with the surrounding land uses and uses in the area. Dobie replied that he did. City Attorney Stuller said that Abbott's second. is irrelevant because a needed use in the community is irrelevant and cannot qualify someone's motion by adding an additional reason. Abbott withdrew his second. The motion died for a lack of a second. Abbott made a motion to approve the record shop because there are not stores in town, particularly a neighborhoo use for music students or somebody who wants to play a guitar or other instruments and we don't have anyone in town who sells a wide range of musical instruments and this will only be half of his business and it would be a neighborhood use because a tourist isn't going to come in and take a week of music lessons and leave, this is for a conditional use and a good idea; seconded by Dobie All in favor of the motion were Jenkins, Abbott, and Dobie. Opposed were Hunt and Collins. Motion Carried. Bread and Pastry Kane presented floor plans which the applicant had Shop prepared a specific detailed breakdown of how the use of the space will be. The Planning office recommends approval of the plan with the conditions there not be a high tourist turn -over kind of retailing practice. Motion Hunt moved to approve the conditional use of a retail bread and pastry shop in the Victorian Square Building conditioned upon: 1) no snack bar, cafe -type food is Frepared; 2) no provisions be allowed for customer consumption of food on the premises. Reasons for those conditions is we don't want a food service to go into the space, it is to be strictly retail bread and pastry shop as presented by the applicant's presentation. The bread and pastry shop activity appears a desirable use in the area; seconded by Abbott. Hunt added an amendment which was the type of food is to also include drink; seconded by Abbott. All in favor motion carried. -2- • • HAND DELIVERED Mr. Jack Jenkins, Chairman Planning and Zoning Commission City of Aspen January 27, 1976 Re: City Request for Approval of Conditional Use Golf Maintenance Sheds Dear Mr. Jenkins: In recapping your public hearing on the"City Request for Approval of Conditional Use- Golf Maintenance Sheds," I wish to reaffirm my opposition to said use at its proposed location because of the follow- ing information brought forth at the hearing: The original golf course plan done by experts called for a location more centrally located to serve the maintenance of the course. A central location is necessary for economy of operation and for control. It seems that the main reason the location has been chosen is because of availability of sewer and water. This is a poor excuse to further congestion in an area that is already heavily travelled and more,and heavier equipment movement in the area is a future prospect. Certainly, provision for sewer and water (if even needed) can be made at a better location. There is no argument that maintenance facilities are desire - able, but to intrude into an area that is residential when other loca- tions on the golf course are more desireable is a breach of faith with the open space acquisition. If a warehouse now, why not a heavy equip- ment shed, work shops, garages, ad infinitium, at a later date? To allow this construction is contrary to the stated goals of the Coun- sel - to provide less confusion and pollution for Aspen. Sincerely, Walter B. Mills WM:jm -2* Planning and Zoningemmission January 20, l Urban Mass Transit alternatives analysis stage, they will proceed on a fur.th Report (cont'd) study on all the parts of new engineering data coming in; then an election by the people of the community will be held and UMTA will decide on the vote choice. The summer will shift into preliminary engineering, the final EIS; and shipping completed. The construction will start in 1977 and the opening will be in the fall of 1977 The problems are: where should it go in downtown Aspen -- the Planning and Zoning play an important part in deciding that; the right-of-way costs on the Midland are high; and the importance of the City and the County being side -by -side. Parks Maintenance Jenkins opened the public hearing. Jenkins read into the Public Hearing minutes a telegram from Pasquinelli Construction Company protesting the construction of a parks maintenance building in that area. City Manager Mahoney explained the reasons as to why the City would like to build a parks maintenance building in the proposed area. There is congestion down at the City shops, the area should be cleaned up. The people have to come down from the water department and ride the mowers into town, putting wear and tear on the equipment. It is awkward to maintain the golf course and the parks department from that location. The four alternative places to be able to store this equipment are: 1) leave the equipment at the water department; 2) the Rio Grande property; 3) the site available west the golf course but would not be located centrally for parks maintenance; 4) the corner of Castle Creek, highway 82 area where the building is being proposed be placed. The building would be 12 feet high. The of to first 8 feet would be landscaped and only 4 feet of the building would be seen. ARmstrong mentioned they are storing $60,000 to $80,000 worth of equipment outside, they would like to cut down the wear and tear on the equipment, and to have a buildir in which they could maintain the existing equipment to keep it running as long as possible. Large eqipment will not be kept there. The building will be completely enclosed so people will not be able to see it and the opening of the building will be facing the golf course. Kane read the obligations of the Planning Commission as to what needs to be ascertained at a conditional use hearing those being: 1) decide whether the proposed use otherwise complies with all therequirements imposed by the zoning code, 2) whether the proposed use is consistei with the objectives and purposes with the zoning code, 3) if the proposed uses are designed to be compatible with the surrounding land uses and uses in the area. The public were concerned with where the mowers would be. if they would be visable from Cemetary lane, how many people would be using the facility, where would the employees park, the square footage of the building, it was suggested to have the maintenance shed closer to the golf course, it was also suggested to have the shed near the Plum Tree Inn, the possibility of the shed in the future storing larger equipment, the traffic whic it may generate. City Manager Mahoney decided to look at the possiblities of putting the maintenance shed closer to the Plum Tree Inn. Jenkins closed the Publid Nearing. Jenkins mentioned that the use does comply with the requirements of the zoning code and it is consistent wit -2- RECORD OF PROCEEDINGS 100 Leaves FORM 4 C. F. MOECKEI !. !. a L. CO. Regular Meeting Planning and Zoning Commission January 20, 1976 Maintenance Shed the zoning code in the applicable district; but is it (cont'd) compatible with the surrounding land use and uses in the area. City Manager Mahoney reassured the Commisison there will not be junk or equipment hanging around the outside area of the shed. Public Hearing Kane explained that this is a conditonal use hearing for Record Shop a proposed record and music accessory shop in the Durant Mall. There was a vote by the Planning Commission to include record shops as a permitted conditional use in the N/C zone. Kane felt the request should be approved because it represents what the applicant spoke about at the last meeting and meets the criteria of the conditional use provision. It will also be.a conditiona.. use if there is an application to put a record shop in the Trueman property building. Collins was against putting the record shop in the Durant Mall. Collins felt by putting businesses for local residents that -the commercial core will deterioate and tourist type shops will be the only kind in the mall. C-C_ cam• :Ct C_ -1 Herb Klien, representing the applicant, summarized as to why a record shop should be a use in the Durant Mall. The business is oriented towards the local resident; it fits in the N/C zoning district; it provides for one - stop type shopping for local residents; a record shop would fulfill frequent buying needs; wide variety of muscial services will be offered. Klien presented a floc plan of the music shop which indicated a variety of services that will be offered. Jenkins closed the public hearing. Public Hearing Jenkins opened the public hearing on the bread and pastr� Bread and Pastry shop. Jenkins read into the record a letter from Don Shop' Lemos expressing his support for the bread and pastry shop. Hunt asked if Kalin intended to prepare and sell sandwic and hot or cold drinks on the premises for consumption. Kalin replied they would not be. Kalin explained there will be no baking or any food preparation on the premise All the goods sold will.be shipped in from outside of the City every morning. The purpose of the bakery will be to provide just a retail outlet for the items to be brought in. The total retail area is 450-500 square fee Jenkins asked for a better floor plan. Jenkins closed the public hearing. Callahan Subdivision Jenkins opened the public hearing. Kane explained the separate actions which the Planning and Zoning Commission had to take. They are the Final Planned Unit Development Plan; a Conditional Use determination fortho recreational facility; a Stream Margin review; and a revision of the preliminary plat. Kane mentioned Clark had looked at the flood plain maps, and the buildings are situated above the 100 year flood plain and do not affect the Roaring Fork River. The Planning Department is recommending Stream Margin Review -3- • it ASPEN/PITK 130so aspen, MEMORANDUM • ing Department street 81611 TO: Aspen Planning & Zoning Commission FROM: Planning Staff (HC) RE: Conditional Use - Park Maintenance Building DATE: January 15, 1976 This is a public hearing to consider the conditional use of a Park Maintenance Building to be located on the Aspen City Golf Course behind the Open Door facility, with access to be from Cemetary Lane. Notice of this hearing has been published in the Aspen Times and sent to property owners within 300 feet of the entire golf course property. Ted Armstrong of the City Parks and Recreation Department, and Mick Mahoney, the Aspen City Manager, will be present at your meeting to present the proposal. The Planning Office recommends approval of the application, with the following comments and conditions: 1. We are impressed by the need for such a facility at the golf course to foster efficient maintenance of the golf course property. 2. The site location as proposed appears preferable to locating such facility off of Chatford Road, in that truck traffic through the surrounding subdivision will be eliminated. 3. We agree with the comments of Josephine Mann, that a detailed landscaping plan should be developed for the site, reviewed by the Planning Office and inspected for compliance before building occupancy. We feel this to be necessary due to the need for lessening the visual impacts of such a facility in an established residential area of Aspen. 4. We have reviewed the building plans as drawn by architect Gregory Cole and are pleased with the design elements, i.e., the rearrangement of the interior road access; the low pro- file of the building; the south orientation of the structure; and the use of berms to screen the building structure and storage areas, etc. • • MEMORANDUM TO: Aspen Planning Commission FROM: Planning Staff (HC) RE: Conditional Use - Park Maintenance Building DATE: February 12, 1976 This is a renewal by the City of Aspen of their request for con- ditional use approval of a Park Maintenance Building to be located at the Aspen Golf Course. The project was considered by the P & Z at a public hearing held on January 20, 1976, and again on January 27, 1976, at which time it was tabled. The minutes of these two minutes are attached for your convenience. Mick Mahoney and Ted Armstrong will be present at the meeting to present additional information on the request. As of this time we have been unable to arrange a meeting with the Planning Office to review the additional information. We enclose our original memorandum on this proposal for your review. Ilse - � LDS Re r3ccesse Tv T11e Avvn 71Y / /le_ �0�0Psv �vv2 �FigCiLi &C,yy ft LEGAL NOTICE 1 Public Notice is hereby given that a public hearing will be held on January 20, 1976, at 5:00 p.m. in the City Council Chambers to consider a Conditional Use of a Park Maintenance Building to be constructed by the City of Aspen on the Aspen Golf Course to be accessed from Cemetery Lane and located generally to the North of the "Open Door" facility. A copy of the proposal may be examined in.the office of the City/ County Planner during normal working hours. /s/ Kathryn S. Hauter City Clerk Published in the Aspen Times January 1, 1976. e i 0 Jack: I received a telephone telegram stating the following: Strong protest on construction of park maintenance building. Pasquinelli Construction Company Bruno Pasquinelli Lansing, I11. 1-20-76 4:40 P.M. Received by Barbara F. Knight, Planning Secretary 0 • 1550 Homestake Aspen, Colorado January 10, 1976 Aspen rlanning and Zoning Commission Aspen, Colorado Dear Members: Since I will not be able to attend the January 20 public hearing, I am writing my response to the proposed Park Maintenance Building on the Aspen Colf Course. The plans and the location appear to be satis- factory to me. However, I would .like to have two condi- tions attached to your approval: 1. no vehicles, equipment, or supplies should be parked or stored outside of the building, 2. attractive landscaping and plantings should be installed, in keeping with the residential and recreational character of the neighborhood. Thank You. Sincerelv, J o e phine S . kann I NOTICE TO ADJACENT PROPERTY OWNERS WITHIN 300 FT. OF EXISTING REQUEST Notice is hereby given that the Aspen Planning and Zoning Commission shall hold a public hearing on January 20, 1976, 5:00 P.M., Council Chambers, City Hall, Aspen, Colorado; to consider a Conditional Use of a Park Maintenance Building to be constructed by the City of Aspen on the Aspen Golf Course to be accessed from Cemetery Lane and located generally to the North of the "Open Door" facility. A copy of the proposal may be examined in the office of the City/County Planner during regular business hours. REPORT #76-01-03 S ASPEN TITLE. COMPANY A TITLE V; iUR --%-YCE AGENCY POST OFFICE BOX 27 _,/'� ASPEN, COLORADO 81611 / r (303) 925-4444 We have examined the records of the Clerk and Recorder of Pitkin County, Colorado, for record ownership of property within 300 feet of: Golf Course Parcel 16, as shown on Annexation Map of City of Aspen, and find: WEST ASPEN G� SUBDIVISION, FILING NO. 1 oz �UW Lot 9 Alas--€- Harlan---Merso Lot 10 Wava Turner r ���� ICQGL, Lot 15 Julius & Melanie Kolis Lot 16 Richard & Connie McCrudden Lot 17 ii Charles & Billie Brinkman a-4-10 Lot 18 Hans Schwarz 4'a-V/5-d . Lot 19 Michael Annan Lot 20 -{1i Int) Lot 21 John & Alice Carter - ,,60, rd.z� Salo / Lot 23 Peter Brinkman _ .ate 3�3 Lot 24 George & Barbara Nelson — 901.tD 7 Lot 25 Raymond & Mary Lynne Law Lot 26 Maxwell & Elizabeth Marolt i3B /Q�3 Lot 27 Richard & Mary Lee — 52- ?' Lot 28 Donald & Linda Helmich — 13&V 3<9 Z Lot 29 Donald & Sandra Simpson a sus �ieUJ Lot 30 Jean Greiner (1i Int) & William & Constance Owen (31 Int)— Lot 31 Charles & Pamalyn Hopkins Lot 32 Charles & Pamalyn Hopkins �O a� Lot 33 R.P. & Sally Fitzgerald Lot 34 Claudine Connor Lot 35 Claudine Connor- Cu-a- % a ""-, a 614/ - Lot 36 Aiexan Lot 37 John Huebinger, Jr. — Lot 38 '' nn Richard Holahan — y��8 �%61!(3�7 i7 e:? c - koaA C.P Lot 39 Gary Thurnau - Ca (O Lot 40 Larry Melnick — v? 700,9, ((/-Q(GZ 2�Q� Q�uQ/• �%DoZl� p-L Lot 41 Rusudan Gabliani -- asao 2 ayso"? kd )P.,Pmq - Q� ;� 6a3o1 Lot 42 Edward & Marion Nichols �OC�S Lot 43 Anthos & Susan Jordan //t%� ASPEN TITLE CONLPAN'Y A TITLE U1;SIURACNCE AGENCY POST OFFICE BOY 27 ASPEN, COLORADO 81611 (303) 925-4444 - 2 - WEST ASPEN SUBDIVISION, FILING NO. 1-A Lot 1 James & Vicki Patterson - Lot 2 Harold & Harriett Sams65b Lot 3 Joseph & Judith Zanin -,IVO Lot 4 Joachim & Renate Weimann (12 Int) & Sue Chesnut ( Int) Lot 5 Lawrence & Marie Bowman --�/ Lot 6 Robert Logfeil 7 Lot Lot 8 Urs & Barbara Zangger ( Int) & Frank & Marilyn Beer (1i Int) koosen, Lot 22 Robert Robert Taylor & Wynn Binger WEST ASPEN SUBDIVISION, FILING /NO. 2 Lot 1 Ruth Ziets Lot 2�e-, William Wesson Lot 3 Po�bc�dge, Inc. Lot 4 Frank & Isabella Segl Lot 5 Christian & Ilse BruehselS x_ Lots 6 - 12 Part of Golf Course - Lot 13 - West Aspen Co. �OY`Lot 14 u o zner ( V7 � =a v■noonnov - a9� p �li�,c, VY� 7700 Z ' Lot 16 Charles & Francis Dibrell -- Lot 17 Robert F. Stif ter -- ic9Si2) S . ?40 rAd,4cVj Aid /�th k, ��`/6,V Lot 18 Jo Ann Valley y�G Lot 19 Floyd & Josephine Mann — a 7 �a Lot 20 Herbert Frensley - `�%7 jC�t�GLCE a�1/p �9Y7 7,1CD,, J Lot 21 Reese & Betty Henry -- c:;2 Lot 22 Alfred C. Nicholson — '3 U97 Lot 23 Alfred C. Nicholson - -:3 v `17 Lot 24 M.A. DiSabatino, Jr. & G.C. DiSabatino �6 Lot 25 Richard & Muriel Taylor - �,; ,2 '% Lot 26 Stanley & Carol Karpelowitz d21,Lk' Lot 27 Richard Meeker & Alfred Nicholson ASPEN TITLE CONIPAtiY A TLTLF V;SURAUNCE AGENCY POST OFFICE BOX 27 ASPEN, COLORADO 81611 (303) 925-4444 - 3 - WEST ASPEN SUBDIVISION, FILING NO. 2 (Cont'd) Lot 28 Joseph & Brigit Luciani -" Lot 39 Johnny & Alleyne Mitchell a/rj CQil.���O� 7,7Q a , Lot 40 Robert & Elizabeth Gile Lot 41 James & Lila Gibbons Lot 42 Eleanor Marlow Lot 43 Paul & Hanna Wirth — 59 Lot 44 Paul & Hanna Wirth - I � iI i WEST ASPEN SUBDIVISION, FILING NO. 3 Lot 1 Harold & Constance Harvey Lot 2 Alfred & Elizabeth Nicholson 9 Lot 3 Allen Whitaker -5 -17 Lot 4 Irma Prodinger Lot 5 Sallie & Bruno Pasguinelli SNOWBUNNY SUBDIVISION - BLOCK 2 Lot 15 Yvan & Marie Tache Lot 17 Harry Heuer Lot 18 Jack & Eleanor Jenkins -- A V SSg ASPEN TENNIS CLUB Lot 1 Bryant aker, Inc. �� 7� 7 GtJ "� � � 4-0� (Foan l Lot 11 C-harl•es-"B=ondes s - f 1 Cal CASTLE CREEK SUBDIVISION Lot 1 — 12�1 Sarah Gulick Lot 2 Martha Grewal Lot 3 Donald .& Patsy Newbury Lot 4 Gale & Eleanor Spence — 7,7/ Lot 5 Ron & Anne Austin --- j/(r ✓� Lot 10 Franef:s D d 1Gt,L�v.. � � CU-liven � � a 6b� O.•va ��JL SC.t.<�c.� / � /'S % / -S, p�G Q �L �' -) • AsPEN TITLE CONIPANY A TITLE II SURANCE AGENCY POST OFFICE BOX 27 ASPEN, COLORADO 81611 (303) 925-4444 - 4 - CASTLE CREEK SUBDIVISION (Cont'd) Lot 11 Thomas & Donna Iacono Lot 12 John & Cynthia Callahan Lot 13 Warner & Anne Heinervan — L15 % Lot 14 Kenneth & Martha Sterling • REPORT #76-01-03 • ASPEN TITLE CO-1-0-PANY A TITLE RNSURAINCE AGENCY POST OFFICE BOX 27 ASPEN, COLORADO 81611 (303) 9=25-4444 - 5 - POMEGRANATE EAST APARTMENTS Unit 1 Walhart Realty Co. Unit 1B Pomegranate Development Co. Unit 2 Gary & Katherine Levitz Unit 3 Jon & Carolyn Mann Unit 4 Ted & Cynthia Bartholow Unit 5 Marcelle Payton Unit 6 George & Marianne Hartnett Unit 7 Robert & Mary Furman Unit 8 Carl Williams Unit 9 Margaret & Elbridge Vance Unit 10 Robert Christensen, Robert Luedeking, & Gunther Piepers Unit 11 Thomas Blake Unit 12 Donald & Carol Hubner Unit 13 P.C. Miller Associates, Inc., Jon Hedrich, & Arthur Henkel Unit 14 M.A.R. Haviland Unit 15 David Jr. & Virginia Thomas Unit 16 Jack Courshon Unit 17 Sarah Martindale 9 ASPEN TITLE COMPANY A TITLE EN SURANCE AGENCY POST OFFICE BOX 27 ASPEN, COLORADO 81611 (303) 925-4444 - 6 - CLASEN-PECJAK SUBDIVISION Lots 1 & 2 Trista Conger & Jeanne Reeve ISELIN SUBDIVISION Lots 1 & 2 Daniel Wardwell M&B DESCRIPTION IN SECTIONS 11 and 12-10-85 James L. Hall Walter B. & Bonnie R. Mills Oscar & Wilma Cerise Montgomery H.W. Ritchie Holy Cross Electric Association, Inc. Estate of Michael Christopher Marolt Joseph T. Zoline Zoline Foundation .Tames E. & Alberta Moore Rocky Mountain Mennonite Conference Benjamin W. Jayne & Robert T. McBride as Trustees under Trust Agreement dated February 25, 1970 Samuel J. & Joy N. Caudill 191 Regular Meeting Aspen City Council December 22, 1975 ORDINANCE #89 (Series of 1975) Ord. 89 III AN ORDINANCE DESIGNATING THE STITZER RESIDENCE (LOTS K, L, AND M, BLOCK Historic 81) VAN HOEVENBERGH RESIDENCE (LOTS M, AND N, BLOCK 71) AND THE COWENHOVEN l u Designation) BUILDING (LOTS A, B, C, AND D, BLOCK 95) WITHIN THE CITY OF ASPEN AS HISTORIC STRUCTURES AND SITES PURSUANT TO ARTICLE IX OF CHAPTER 24 OF THE ASPEN MUNICIPAL CODE was read by the deputy city clerk. �) Councilwoman Pedersen moved to adopt Ordinance #89, Series of 1975, on second reading; seconded by Councilwoman Johnston. Roll call vote, Councilmembers Behrendt, aye; Johnston, aye; Parry, aye; Pedersen, aye; Wishart, aye; Mayor Standley, aye. Motion carried. ORDINANCE #90, SERIES OF 1975 Maintenance building in P, park zone I�If Mayor Standley opened the public hearing. Mayor Standley asked City Manager Mahoney if he wanted to make a presentation. City attorney Stuller explained that all this Ord. 90 ordinance does is to change the building code to allow maintenance sheds as a conditional, Maintenances use in the park zone. Before a conditional use is approved it must go before P & Z sheds in after notice to all the adjacent land owners. park zone Mayor Standley closed the public hearing.. Councilman Wishart moved to read Ordinance #90, Series of 1975; seconded by Councilwoman Pedersen. All in favor, motion carried. ORDINANCE #90 (Series of 1975) AN ORDINANCE AMENDING THE ASPEN ZONING CODE PROVIDING FOR THE DESIGNATION OF PARK MAINTENANCE BUILDINGS AS CONDITIONAL USES IN THE ,(P) PARK DISTRICT II AND FURTHER DEFINING PARK MAINTENANCE BUILDINGS AS THOSE CONTAINING {� OFFICE, GARAGE, VEHICLE AND TOOL STORAGE, GREENHOUSE, AND SIMILAR USES I� PROVIDED ALL ARE LIMITED TO PARK OPERATION AND MAINTENANCE PURPOSES was read by the deputy city clerk. Councilwoman Pedersen moved to adopt Ordinance #90, Series of 1975, on second reading; seconded by Councilman Parry. Roll call vote; Councilmembers Johnston; aye; Pedersen, aye; Behrendt, aye; Wishart, aye; Parry, aye; Mayor Standley, aye. All in favor, motion carried. ORDINANCE #93, SERIES OF 1975 City Manager Waive Parking Requirements Mayor Standley opened the public hearing. Ord. 93, Ken Senn, resident on the corner of South Spring and Main, explained that when he first I City Manage moved into the house there were no parking signs. Later the City put up a two hour Waive parking sign, and he received a parking permit from the City Manager's office. When Parking he went to have the parking permit renewed, he found that he could not renew it. Senn l� requirements felt that by placing the two hour parking requirement in front of his house that it 1 would be defeating the City's intention of de-emphasizing the use of the automobile ji because he will be moving his two automobiles every two hours in order to keep from paying the City $6.00 per day to park the automobiles. Councilman Behrendt suggested !! that Senn park his vehicle down in the Rio Grande property. Senn replied that he didn't care to leave his vehicle unattended every day because of the items that he keeps in his vehicle. City Manager Mahoney asked City Council to pass Ordinance #93, Series of 1975; but that he would lift the parking signs in front of Senn's home for 2-3 months. • I Mayor Standley closed the public hearing. i Councilman Parry moved to read Ordinance #93, Series of 1975; seconded by Councilwoman Johnston. All in favor, motion carried. ORDINANCE #93 (Series of 1975) AN ORDINANCE AUTHORIZING FIRE FIGHTING EQUIPMENT, AMBULANCES, POLICE VEHICLES, OTHER EMERGENCY VEHICLES, PUBLIC, AND PUBLIC UTILITY VEHICLES !!� TO ENTER AND PARK IN THE PEDESTRIAN MALL; FURTHER AUTHORIZING THE CITY MANAGER TO PERMIT, ON CONDITION, SERVICE AND DELIVERY VEHICLES TO ENTER AND PARK IN THE MALL; AND, FINALLY, AUTHORIZING THE CITY MANAGER TO PERMIT SERVICE AND DELIVERY VEHICLES TO PARK IN LEGAL PARKINGS AREAS IN EXCESS OF ANY TIME LIMITATIONS THEREIN WHEN NECESSARY TO RENDER SERVICES OR DELIVER MERCHANDISE was read by the deputy city clerk. Councilwoman Pedersen moved to adopt Ordinance #93, Series of 1975, on second reading; seconded by Councilwoman Johnston. Roll call vote; Councilmembers Parry, aye; Johnston, aye; Pedersen, aye; Behrendt, aye; Wishart, aye; Mayor Standley, aye. All in favor, motion carried. POWER RATE INCREASE tl! City Manager Mahoney explained that a group from the -Public Service Company came 'and Public said that they would make an application to the Federal Power Commission for a 39 Service per cent increase of the price of power that they sell to the City of Aspen. This Company - I would be on top of a 20 per cent increase they got approximately a year and a half ago. power rate On top of that 20 per cent increase, they have a 27 per cent increase in the fuel increase I cost adjustment. They now want a 39 per cent increase to give latitude; adding percentages comes to a total 86 per cent increase. There are a lot of things that we need to address. City Manager Mahoney mentioned that he has been in touch with `I ! I d M ft RECORD OF PROCEEDINGS 100 Leaves a •aHM a� f.. P. wit t.Kl fl. al. A i ORDINANCE NO. �U ,Series of 1975) AN ORDINANCE AMENDING THE ASPEN ZONING CODE PROVIDING FOR THE DESIGNATION OF PARK MAINTENANCE BUILDINGS AS CONDITIONAL USES IN THE (P) PARK DISTRICT AND FURTHER DEFINING PARK MAINTENANCE BUILDINGS AS THOSE CONTAINING OFFICE, GARAGE, VEHICLE AND TOOL STORAGE, GREENHOUSE, ND SIMILAR,USES PROVIDED ALL ARE LIMITED TO PARK OPERATION AND MAINTENANCE PURPOSES WHEREAS, upon recommendation of the Aspen Planning and Zoning Commission the City Council has determined to expand the conditional uses within the (P) Park Zone District such as to, on review, permit construction of park maintenance build- ings, and WHEREAS, the City Council feels it necessary to further amend the code by defining the phrase "park maintenance building" in terms of the permissable uses of such facility, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: That Section 24-3.2 of the Municipal Code of the City of Aspen, Colorado, hs hereby amended by the addition of Park Maintenance Building to the list of CONDITIONAL USES within the (P) Park Zone District. That Section 24-3.1 of the Municipal Code of the City of Aspen, Colorado, is hereby amended by the addition of subsection (CC) thereto which said subsection reads as follows: "(CC) Park Maintenance Building A building within park land used to store and repair vehicles and equipment and also usable for greenhouse and office purposes, provided all uses are limitedto park operation and maintenance purposes." RECORD OF PROCEEDINGS 100 Leaves i M+Y •n G. f. II��f�Nfl 9. N � I. �.l - - Section 3 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 or applications of the ordinance which can be given effect without the invalid pro- visions or applications, and to this end the provisions or applic- ations of this ordinance are declared to be severable. Section 3 That a public hearing be held on this ordinance on "C-C L:1975, at 5 : 00 P . ":. in City Council Chambers, City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing public notice of the same shall be published once in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED published as provided by law by the City Council of the City of Aspen, at its regular meeting held �•�-ern-C�-r�, 1f 1975.`''"� � ATTEST: ITY CLERK FINALLY ADOPTED AND APPROVED ON 1975. ATTEST: STACY STANDLEY III, MAYOR KATHRYN S. T'AUTER, CITY CLERK Regular Meeting Aspen City Council November 24, 1975 seconded by Councilman De Gregorio. All in favor, motion carried. ORDINANCE #90, SERIES OF 1975, MAINTENANCE SHEDS Councilwoman Pedersen moved to read Ordinance #90, Series of 1975, seconded by Councilman De Gregorio. All in favor, motion carried. ORDINANCE #90 Series of 1975 AN ORDINANCE AMENDING THE ASPEN ZONING CODE PROVIDING FOR THE DE- SIGNATION OF PARK MAINTENANCE BUILDINGS AS CONDITIONAL USES IN THE (P) PARK DISTRICT AND FURTHER DEFINING PARK MAINTENANCE BUILDINGS AS THOSE CONTAINING OFFICE,.GARAGE, VEHICLE AND TOOL STORAGE, GREEN- HOUSE AND SIMILAR USES PROVIDED ALL ARE LIMITED TO PARK OPERATION AND MAINTENANCE PUTPOSES was read by Mayor Standley Councilwoman Johnston said there was a problem with the office in the park zone; she did not object to a building for maintenance, but did not like the office. Councilman Behrendt moved to remove the designation of office from the Ordinance; seconded by Councilwoman Johnston. Councilmembers Johnston and Behrendt for the motion; Councilmembers Pedersen, Parry, De Gregorio, Mayor Standley, opposed. Motion NOT carried Roll call vote; Councilmembers Pedersen, aye; Parry, aye; Johnston, aye; De Gregorio, aye; Behrendt, aye; Mayor Standley, aye. Motion carried. Councilman De Gregorio moved to adjourn the meeting at 9:10 p.m.; seconded by Council- woman Pedersen. All in favor, motion carried. / athryn S• Hauter, City Clerk Regular Meeting Aspen City Council December 8, 1975 Mayor Standley called the meeting to order at 5:08 p.m. with Councilmembers Behrendt, De Gregorio, Johnston, Parry, Pedersen, Wishart, City Manager Mahoney, and City Attor- ney Stuller present. MINUTES Councilwoman Johnston moved to approve the minutes of the November 17, 1975, special Council meeting; seconded by Councilman Wishart. All in favor, motion carried. ACCOUNTS PAYABLE Councilman De Gregorio moved to approve the accounts payable; seconded by Councilman Parry. All in favor, motion carried. CITIZEN PARTICIPATIOi; 1. Kiefer Me:u.i:rl;in?.1 told Council at the last meeting he had questioned Council's constituency in Support of the mall expansion and suggested there was no meaningful ' support. Council's response was to spend $15,000 to go forward with it. Mendenhall stated when the City discovered they could not raise the amount of money needed for the mall, they decided to do with half as much in order to accomplish the same thing. Mendenhall told Council that his group now includes a majority of the City Council which created the mall; two out of three former chairmen of the Mall Commission. Mendenhall suggested the City look very carefully at the mall expansion; there are other priorities such as parking and employee housing. 2. Cam Johnson told Council she had had a problem with the building department. When she gave them a survey for her new location of the Popcorn Wagon, the building department told her it was too old and not certified. Various Councilmembers told Ms. Johnson that the same thing had happened to them; a recent, certified survey was a code require- ment. COUNCILMEMBER COMMENTS 1. Councilwoman Johnston told Council the RBH building walkway was building up with ice and becoming very dangerous. Council instructed City Manager Mahoney to take care of the problem. Maintenance Sheds Minutes Accounts Payable Kiefer Mendenh Mall Commissic Popcorn Wagon Survey ry RBH Building walkway _j RECORD OF PROCEEDINGS ►OKN " C. F. KO[CK[L 100 Leaves Regular Meeting Aspen Planning and Zoning Commission February 17, 1976 Meeting was called to order by Chairman Jack Jenkins at 5:15 p.m. with members Roger Hunt, Allison Downing, Patrick Dobie, Danny Abbott, and Chic Collins present. Unexcused was Bryan Johnson. Also present was City Attorney Stuller, and Hal Clark and John Stanford both from the Planning Department. Conditional Use Clark mentioned that officially the public hearing was Parks.Maintenance closed on the parks maintenance building. Armstrong present to the Planning and Zoning Commission a more detailed map of the landscaping for the Parks Maintenance Building. What was included in the plans was a new proposed fairway for the golf course. The road at the entrance for the Plum Tree will not be effective and will be closed. The only people that will be using the bicycle path will be those going to the Open Door and those who will be using the parks building. Armstrong also presented drawings of what the building with the landscaping will look like. The reason for not placing the building behind the Plum Tree was because the tennis courts will be placed directly behinC the Plum Tree. Therefore, the only place they could get sewage would be to either pump it 800 feet up to the Plum Tree or go down to the cul-de-sac where Metro is connected. The only access would be off of highway 82 and they can't drive the vehicles across the fairways. Motion Abbott made a motion to approve the Parks Maintenance Building granting conditional use; also further that when the building is completed that the storage shed will be. moved or come down and not be on the golf course; further stated that the landscaping will be completed before final (occupancy permit) and if Open Door moves the parking for Open Door and that building will be moved and the parking will be eliminated for that particular site. If these buildings are removed, it will be compatible with the land use in that area. Hunt made an amendment to the motion furthering conditioned upon items 1, 2, and 4 of the Planning staff letter of 15 January 1976 and further conditioned that no parking or no storage will be allowed outside the compound area. Downing made a second to the motion. All in favor, motion carried. Park Circle Hunt made a motion to postpone the Park Circle Conceptual Subdivision until the next regular secheduled meeting; seconded by Abbott. All in favor, Jenkins abstained. Motion carried. Subdivision Mr. Jordon was present to represent the Hallam Addition. Exemption The surveyor made an error and stated that the property Hallam Addition was 18,000 square feet; however, the actual square footage (Bill martin) of the property is 11,500 square feet. Therefore, it would be creating a non -conforming lot if he was allowed to be able to split just the two fee title lots. The planning department is recommending that a condominiumization be done where an agreement be drawn having the property in common ownership. Condominiumizing the property so it would have two owners. Jordon mentioned that they would like the opportunity to either condominiumize or use a use maintenance agreement. A use maintenance agreement would provide that two people could each own an undivi0.ed one-half interest in the lots subject to the maintenance use agreements contained in the agreement. It is similar condominium declaration, but doesn't come within the purview of the condominium act. -1- • RECORD OF PROCEEDINGS 100 Leaves I 1000 V C. 11. "011KE1 B. 1. • 1. CO, Regular Meeting Planning and Zoning Commission January 27, 1976 Meeting was called to order by Chairman Jack Jenkins at 5:10 p.m. with members Roger Hunt, Bryan Johnson, Patrick Dobie, Chic Collins, Danny Abbott and Allison Downing present. Also present was City Attorney Stuller and City/ County Planner Kane. Approval of Minutes Hunt made a motion to approve the minutes of January 20, 1976, with the following corrections: on page 3, fourth paragraph insert after the word residents --outside the Cc and C-1 zone. On page 4, fifth paragraph insert after Callahan the word project. Seconded by Dobie. All in favor, motion carried. New Business Kane brought the Planning and Zoning up to date on Council's most recent decision on the Trueman Property. At the January 26 Council Meeting Council approved a 35,000 sq.ft. building consisting of a 20,000 sq.ft. grocery store; 5,000 sq.ft. accessory neighborhood commercial; 10,000 sq.ft. housing. The developers may resubmitt an additional 10,000 sq.ft. for office space. The Council may decide on a 45,000 sq.ft. building. Jenkins introduced the two new members which Council appointed at their January 26, 1976 meeting. The members are Bryan Johnson and Allison Downing. Collins acknowledged the memo which City Attorney Stuller had written up. The memo was in reference to the function. of the Planning Department, the Planning Commission and the City Council. City Attorney Stuller told the Commission the only way they are going to learn about Ordinance #87, Series of 1975, which is in reference to the quasi-judicial hearing is through practice. However, the most important thing would be is for the Commission to remember that when a motion is made to incorporate their findings and con- clusions and rationale for the action. If they can't, City Attorney Stuller suggested they postpone the finding and conclusions and she will draft them. If there is a complex question and takes time to formulate and articulate a position, the Commission is free to consider a resolution and at the next meeting itemizing it. , The Courts have looked and said the Boards have to spell out for the applicants their reasons for their actions. The Court cannot be asked to anticipate or second-guess what the Board is doing and why. If the Board does it, they will get the benefit of the doubt and is a nice benefit to have when appealing the matter. Conditional Use Jenkins felt the Parks Maintenance Building fit into the Parks Maintenance code legally; however, after listening to the people speak at the public hearing, was questioning whether the building from an appearance standpoint will fit into the proposed location. City Attorney Stuller mentioned to the new members that because the next three items were public hearings at the January 20 meeting; they are not allowed to vote. Jenkins read into the record a letter from Walter B. Mill protesting the Parks Maintenance shed because the area is heavily travelled and a possibility of heavier equipment moving into the area in the future. -1- • Planning and Zoning Commission January 27, 1976 Parks Maintenance Jenkins asked Kane to include in the Planning Office (cont'd) recommendations the following: 1) the employee parking and all equipment and supplies incidental to the operation would park inside the bermed'area; 2) they have a detailed landscaping plan; 3) a bike path alternative; 4) an isometric sketch plan. Hunt moved to table the Parks Maintenance Building until the next Planning and Zoning Meeting; seconded by Dobie. All in favor, motion carried. Record Shop Kane mentioned the planning and zoning commission moved to include the record shop as a conditional use in the Durant Mall. The Planning Office is recommending approva: Hunt was concerned about the heavy impact of parking in the area due to the parking from City Market and parking already coming into the Durant Mall. Collins didn't feel it was an appropriate neighborhood commercial use; It is on the periphery of the CC and C-1 and would have a bad effect on the commercial area. Motion Dobie moved to approve the record shop as a conditional use in the Neighborhood Commerical zone. Jenkins said that it already is a conditional use in the N/C zone.. Abbott made a second to the motion because he felt a store like this is needed because music lessons will be given. - City Attorney Stuller asked Dobie if he made that motion because he feels that it is appropritate because it is compatible with the surrounding land uses and uses in the area. Dobie replied that he did. City Attorney Stuller said that Abbott's second is irrelevant because a- needed use in the community is irrelevant and cannot ualify someone's motion by adding an additional reason. Abbott withdrew his second. The motion died for a lack of a second. Abbott made a motion to approve the record shop because there are not stores in town, particularly a neighborhood use for music students or somebody who wants to play a guitar or other instruments and we don't have anyone in town who sells a wide range of musical instruments and this will only be half of his business and it would be a neighborhood use because a tourist isn't going to come in and take a week of music lessons and leave, this is for a conditional use and a good idea; seconded by Dobie. All in favor of the motion were Jenkins, Abbott, and Dobie. Opposed were Hunt and Collins. Motion Carried. Bread and Pastry Kane presented floor plans which the applicant had Shop prepared a specific detailed breakdown of how the use of the space will be. The Planning office recommends approval of the plan with the conditions there not be a high tourist turn -over kind of retailing practice. Motion Hunt moved to approve the conditional use of a retail bread and pastry shop in the Victorian Square Building conditioned upon: 1) no snack bar, cafe -type food is prepared; 2) no provisions be allowed for customer consumption of food on the premises. Reasons for those conditions is we don't want a food service to go into the space, it is to be strictly retail bread and pastry shop as presented by the applicant's presentation. The bread and pastry shop activity appears a desirable use in the area; seconded by Abbott. Hunt added an amendment which was the type of food is to also include drink; seconded by Abbott. All in favor, motion carried. Aspen zlarning and Zoning Commission A • Yovembc_ 16, i . ;Use Determination !Durant Mall (cont'd) commercial use as defined or as anticipated by the NC zoning district. Clark read the intent of the N/C zone. Leonard Oates, Attorney representing the above listed businesses mentioned that in regard to a coffee, tea, and spice shop that would be classified as food. As far as the Roaring Fork Operation; it is a type of busine: which is oriented towards the residents of the neigh- borhood and not tourist oriented. The Pitkin Tack and Leather Shop could be classified as a hardware operation; also tourists would not be interested in purchasing bridles and saddles. City Attorney Stuller explained that the agreement provided that if during the length of Ordinance #19, Series of 1973, that if they -were to make wholo committ- ments to uses, that they were to be in harmony with the uses listed. The leases do conform to that agreement. Motion U4 moved to include the three stores to be under the definition of permitted use in neighborhood commercial zoning; seconded by Dobie. Collins questioned if these uses set the stage for them to bein other neighborhood commercial areas. City Attorney Stuller replied, no. City Attorney Stuller read from the Code; and explained that unless the Planning and Zoning made a change to the code specifically itemizing these uses, people with similar or the uses of variation on this they will have to come back to the Planning and Zoning for a determination each time. City Attorney Stuller felt that at times they will have to make a change to the code to accommodate. She felt that a code change would not be necessary because in a N/C neigh- borhood it would be acceptable; however, maybe in a N/C residential it would not be. JguAwithdrew his motion. Hunt moved that the Planning and Zoning find that the three uses are compatible uses within the designation of N/C for purposes of this application; seconded by Dobie. All in favor, motion carried. Stream Margin Clark introduced the application stating that this is on Review Sneaky Lane below Castle Creek Bridge. He wishes to Bob Stardoy construct a garage at:this location. Shows 32' from the center of the stream. I looked a t the property and there is about a 12 to-15 foot bank that protects the building from the stream. We recommend approval of the stream margin request because it is within 100' of the stream. Motion Abbott made a motion to approve the stream margin review for Bob Stardoy; seconded by Hunt. All in favor, motion carried. Public Hearina Jenkins opened the public hearing.' Kane explained that Maintenance Shed the Parks and Recreation Department are looking for a new place for their maintenance shed. Their present loca tion, they feel is cumbersome, inconvenient, and expensive as a basis for operation for storing machinery and getting to the golf course. One of the major obsticles to the applicant is that park zone doesn't allow for maintenance sheds. They are appearing before the Planning and Zoning for request and amendment of the.park zone to allow for maintenance sheds to be used by right. Jenkins mentioned that since this is a public hearing if anyone in the audience would like to speak. There was no one in the audience who wanted to discuss the maintenance sheds. -N i i - 1 I RECORD OF PROCEEDINGS 100 Leaves 110W M C. T. 40[CK[L t. S. • L. CO. Regular Meeting Aspen Planning and Zoning Commission November 18,197 Maintenance Sheds Armstrong, Director of Parks and Recreation Department, (cont'd) feels that it would not be less of a nusciance if they Public Hearing were able to put the Maintenance Sheds at that location due to the fact that at present they are taking the vehicles and maintenance machinery through all the residential areas to and from highway 82 on the south- east point of the golf course clear to the northwest corner of the golf course. Greg Cole, who is the architect of the building, explainer that it will include an office for Ed Hicks, a greenhouse which will have clippings for gardenias, there will be areas for planting of evergreen trees, and it has good irrigation for those purposes. Cole explained that they will be berming up to the building so from Cemetary Lane they will see only a berm and white plastic coming up to the surface with the building has behind it. Cole mentioned that the building will take up about 6,000 sq.f. Hunt mentioned that he is willing to move that maintenance shed be included as conditional use in P-park. But he has a problem as to whether the public in that area understands the impact. City Attorney Stuller mentioned that there are two steps to this project ---it has to go through full council adoption as an Ordinance then notice must be given to adjacent land owners and this specific proposal must come back for review. Kane explained that there will be a specific conditional use hearing. What has to be done is that it be a conditional use hearing and the Planning and Zoning recommends that the code be adopted and amend it to include this condtion. use and once the code -is amended they will have to come back and consider this building in a special conditional use hearing. City Attorney Stuller questioned if the office would be accessory only to the maintenance or if it is the office space for the park complex. Armstrong replied that it would be for park complex. Armstong mentioned that they don't have a park large enough to buy enough equipment to operate the golf course and the parks and that there will be no snowplows up there. City Attorney Stuller felt that there would be alot of integration of the whole park system working out of that office; and felt that within a definition of maintenance shed that is quite an enlargement of that concept and suggested that they extract the definition of maintenance shed and include those concepts, but they ought to be articulated early. City Attorney Stuller asked that it means that you would define maintenance shed to include the maintenance storage, garaging of vehicles, and in addition greenhouse: and office space as long as it is a function of the maintenance aspect of both the parks and the vehicles you want that full definitiion within maintenance sheds. Motion Abbott made a motion to approve the structure for park maintenance as a conditional use; seconded by Hunt. All in favor, motion carried. Teen Center {�Y Clark introduced the teen center. It is a public hearing to consider the teen center located above Whale of a Wash on Main Street. The City did notification to t�people within 300' of the Whale of Wash. Jenkins opened the public_ hearing on the teen center. Jenkins asked if anyone in the audience wanted to comment. No comment. DAVID R. SLEMON ANTHONY J. MAZZA JOHN D. LASALLE HAND DELIVERY Sandra Stuller, City Attorney City of Aspen Re: Dear Sandy: SLEMON, MAZZA & LASALLE, P C. ATTORNEYS AT LAW 434 EAST COOPER AVENUE POST OFFICE BOX 3219 ASPEN, COLORADO 81611 September 20, 1976 Esq. AREA CODE 303 TELEPHONE 925-2043 Golf course maintenance building currently under construction This firm has been approached by a representative of a sig- nificant number of homeowners in the area where the above referenced construction is currently under way. At this point, the homeowners have merely requested that I present you with the enclosed petitions reflecting their desire that the construction be halted immediately pending their having an opportunity to explore the possibility of a rehearing with respect to the variance which the City must have been granted in order to commence this construction in a residential area. According to some of these homeowners they were never given any notice of any hearings which I assume took place in connection with the City obtaining a variance and thus were not afforded the opportunity to make their objections known. At this time our office has not been formally retained by the homeowners, nor have we been instructed to take any specific legal action. However, I have been advised that the homeowners are in the process of organizing themselves and that it is their desire to do whatever is necessary to stop what they consider to be a serious infringement upon their rights as property owners. Until we have been formally retained and instructed to proceed, I can hardly expect you to take any action on this matter; I believe the homeowners' main concern is that there be a documented date on which the City was put on notice of their objections. Very tr ly yours, Join D. LaSalle fbr SLEMON, MAZZA & LaSALLE, P.C. C J SHERPA CA - SPORTS t-L, 44jzoc� LIMITED ASPEN, COLD. 81611 303 925'1977 CAL 45, CJ 4..� 'u' �o a Q � UkL din Mn�uJ i'�.ct i e Nn.R,uti,'�"e�v� cAA-c.-E- �l� G- `�a-1 c4..�.-v�� G1-q c- fit, aAVKal `loaA 1-0 a Mks aria V.a ( I v,�a.J �, s cra-�- for the finest in esoteric equipment for -bicycling, backpacking, mountaineering, and cross country skiing SHERPA �"'Scck-c+�d SPORTS Lyk�,6j LIMITED 40W 303-925-1977 ,`uysn,a,�c.u,' w..cl Crdas+1S .iwk� i+�' Gusvi ou, s 4n.6A�Aa9. a,.�6. � 1�'u wut fa �iaR( cFwskw.�di�. �� C�eakcd G.,i 4 ce,Ad�ah(a{F. Cmca�iCAA- for the finest in esoteric equipment for bicycling, backpacking, mountaineering, and cross country skiing Aspen, Colorado 81611 Date I, as owner of improved and/or unimproved property in the vicinity of the construction of the city maintenance building under construc- tion on Cemetery Lane do hereby request the City Council to review the variance granted by the Planning and Zoning Board covering said construction. I am opposed to this installation and request that it be halted. Sig ature NAME V Q_O o M (Print) ADDRESS Awl , Colo TELEPHONE as 6 - 153 41 Aspen, Colorado 81611 Date m I, as owner of improved and/or unimproved property in the vicinity of the construction of -the city maintenance building under construe-- tion on Cemetery Lane do hereby request the City Council to review the variance granted by the Planning and Zoning Board covering said construction. I am opposed to this installation and request that it be halted. NAME Z 2 l (Print) ADDRESS TELEPHONEv2 5 0�� 0 .• Aspen, Colorado 816/11 Date y (D I, as owner of improved and/or unimproved property in the vicinity of the construction of the city maintenance building under construe-- tion on Cemetery Lane do hereby request the City Council to review the variance granted by the Planning and Zoning Board covering said construction. I am opposed to this installation and request that it be halted. Signavre NAME (Print) ADDRESS TELEPHONE c2,2 S Aspen, Colorado 81611 Date I, as owner of improved and/or unimproved property in the vicinity of the construction of the city maintenance building under construc- tion on -Cemetery Lane do hereby request the City Council to review the variance granted by the Planning and Zoning Board covering said construction. I am opposed to this installation and request that it be halted. Signabdre / ' '- NAME (Print) ADDRESS_ TELEPHONE • Aspen, Col ado 1611 Date I, as owner of improved and/or unimproved property in the vicinity of the construction of the city maintenance building under construc- tion on Cemetery Lane do hereby request the City Council to review the variance granted by the Planning and Zoning Board covering said construction. I am opposed to this installation and request that it be halted. e Molt eQ+. uw�r6t zo� (MAJ� Sion E4ie � NAB C- F (Print) ADDRESSAVE J83 fkt)vw TELEPHONE �� �� Aspen, Colorado 81611 Date I, as owner of improved and/or unimproved property in the vicinity of the construction of the city maintenance building under construc- tion on Cemetery Lane do hereby request the City Council to review the variance granted by the Planning and Zoning Board covering said construction. I am opposed to this installation and request that it be halted. 0 F�� TELEPHONE %� Aspen, Colorado 81611 Date�� .b. I, as owner of improved and/or unimproved property in the vicinity of the construction of the city maintenance building under construc- tion on Cemetery Lane do hereby request the City Council to review the variance granted by the Planning and Zoning Board covering said construction. I am opposed to this installation and request that it be halted. m Signature NAME -:51l411 (7) cl-t (Print) ,\ ADDRESS 45 Drs TELEPHONE 9 aS- 3 35D 9 0 Aspen, Colorado 81611 Date I, as owner of improved and/or unimproved property in the vicinity of the construction of the city maintenance building under construc- tion on Cemetery Lane do hereby request the City Council to review the variance granted by the Planning and Zoning Board covering said construction. I am opposed to this installation and request that it be halted. Signature NAME t%D.di✓ 41, �i�iCE S (Print) ,T ADDRESS TELEPHONE Aspen, Colorado 81611 Date glzl &/ 7� I, as owner of improved and/or unimproved property in the vicinity of the construction of the city maintenance building under construc- tion on Cemetery Lane do hereby request the City Council to review the variance granted by the Planning and Zoning Board covering said construction. I am opposed to this installation and request that it be halted. S i nature NAME '�- P, CV\ E. L- _ V- A Q SC-�A (Print) ADDRESS \a 1 Ib "0X �; (y� TELEPHONE 9,-, � 3 \ \ (�) Aspen, Colorado 81611 Date C? -Ao-7(i I, as owner of improved and/or unimproved property in the vicinity of the construction of the city maintenance building under construc- tion on Cemetery Lane do hereby request the City Council to review the variance granted by the Planning and Zoning Board covering said construction. I am opposed to this installation and request that it be halted. Signature NAME 2�2AUL /T _ A'i P'q scly (Print) ADDRESS o X $ 7*6z TELEPHONE 9 Aspen, Colorado 81611 Date I, as owner of improved operty in the vicinity of the construction of the city maintenance building under construc- tion on Cemetery Lane do hereby request the City Council to review the variance granted by the Planning and Zoning Board covering said construction. I am opposed to this installation and request that it be halted. 2 Signature NAME �oP,�2� �, C���e�,(L• (Print) _ ADDRESS 1` 90 �iL_Lj�-I2 k-'t0y -j)(L(Jq a P �LOA-4+')'il $,1b11 TELEPHONE Aspen, Colorado 81611 . 41 G Date 'r , ;- 97 I, as owner of improved and/or unimproved property in the vicinity of the construction of the city maintenance building under construc- tion on Cemetery Lane do hereby request the City Council to review the variance granted by the Planning and Zoning Board covering said construction. I am opposed to this installation and request that it be halted. Signa re NAME (Print) ADDRESS ( Ii�Qf� Qv C.iQNr It"t �rt1C4 G W W a� a . a TELEPHONE q Z Y 77 T L1 Aspen, Colorado 81611 Date- ZzG I, as owner of improved and/or unimproved property in the vicinity of the construction of the city maintenance building tinder construc- tion on Cemetery Lane do hereby request the City Council to review the variance granted by the Planning and Zoning Board covering said construction. I am opposed to this installation and request that it be halted. Signature NAPE (Print) _ ADDRESS TELEPHONE Aspen, Colorado 81611 % Date I, as owner of improved and/or unimproved property in the vicinity of the construction of the city maintenance building under construc- tion on Cemetery Lane do hereby request the City Council to review the variance granted by the Planning and Zoning Board covering said construction. I am opposed to this installation and request that it be halted. Si at'ur"e NAME (Print) / ADDRESS TELEPHONE Aspen, Colorado 881/611 y Date % 16 1 ,�' 7(') I, as owner of improved and/or unimproved property in the vicinity of the construction of the city maintenance building under construc- tion on Cemetery Lane do hereby request the City Council to review the variance granted by the Planning and Zoning Board covering said construction. I am opposed to this installation and request that it be halted. Signature NAME �i� �t�rral .) me (Print) _ 1� ADDRESS 3 J �/ r' i^�' � J 1 TELEPHONE_q,2- Aspen, Colorado 81611 Date ? - /e - I, as owner of improved and/or unimproved property in the vicinity of the construction of the city maintenance building under construc- tion on Cemetery Lane do hereby request the City Council to review the variance granted by the Planning and Zoning Board covering said construction. I am opposed to this installation and request that it be halted. e t, /7zz Signature NAME FCR R C 3P PC -IF) � r� (Print) ADDRESS 70 C�m�T��Y L�f1UC TELEPHONE 925 - 3 S� Aspen, Colorado 81611 Date / 74� I, as owner of improved and/or unimproved property in the vicinity of the construction of the city maintenance building under construc- tion on Cemetery Lane do hereby request the City Council to review the variance granted by the Planning and Zoning Board covering said construction. I am opposed to this installation and request that it be halted. Signature NAME �'IQ C�t �0_-1rT ��Ol (Print) ADDRESS �� 0 C 2 2 TELEPHONE ? S - 5 l' Aspen, Colo ado 81611 Date I, as owner of improved and/or unimproved property in the vicinity of the construction of the city maintenance building under construc- tion on Cemetery Lane do hereby request the City Council to review the variance granted by the Planning and Zoning Board covering said construction. I am opposed to this installation and request that it be halted. 0 Signature NAME (Print ADDR TELEPHONE ��6 ���J Aspen, Colorado 81611 Date I, as owner of improved and/or unimproved property in the vicinity of the construction of the city maintenance building under construc- tion on Cemetery Lane do hereby request the City Council to review the variance granted by the Planning and Zoning Board covering said construction. I am opposed to this installation and request that it be Halted. LM L Signtitur NAME // %�iC. /O�✓ / C (Print) ADDRESS s ,vr a s O/d TELEPHONE • Aspen, Colorado 81611 Date_ 1 t/I L I, as owner of improved and/or unimproved property in the vicinity of the construction of the city maintenance building under construc- tion on Cemetery Lane do hereby request the City Council to review the variance granted by the Planning and Zoning Board covering said construction. I am opposed to this installation and request that it be halted. I am adamantly opposed to this structure being placed in a distinctly residential area. I feel that property values in the area will be jeopardized and that my rights as a homeowner and citzen were violated by not being notified of this action. 0 Sign ure ' rl J Ra? - 44 X e (Print) ADDRESS TELEPHONE 3 0 3 - ,,�2s� 777 Aspen, Colorado 81611 Date- 7 C I, as owner of improved and/or unimproved property in the vicinity of the construction of the city maintenance building under construc- tion on Cemetery Lane do hereby request the City Council to review the variance granted by the Planning and Zoning Board covering said construction. I am opposed to this installation and request that it be halted. S ignatXlre NAME J. Sterling $Q*� Box r. � (Print) ADDRESS Aspen, Cola 81911 A .. TELEPHONE Aspen, Col rad 8161.1 Date WN/74L� I, as owner of improved and/or unimproved property in the of the construction of the city maintenance building under tion on Cemetery Lane do hereby request the City Council t the variance granted by the Planning said construction. I am opposed to that it be halted. zj"� b— c4g--�� vicinity construe- o review and Zoning Board covering this installation and request LAC Signature NAME (Print ADDR TELEPHONE 9� I5?1 3 • Aspen, Colorado 81611 Date q/-� I, as owner of improved and/or unimproved property in the vicinity of the construction of the city maintenance building under construc- tion on Cemetery Lane do hereby request the City Council to review the variance granted by the Planning and Zoning Board covering said construction. I am opposed to this installation and request that it be halted. 0'C 4 /`mil i l �/ 7-FI/ 4N Y4 / L� i N G / /Y f� J i /�l G, �- F_ �� H/X- Avc- /V 6 4A M X 6,,01111,1z, A/ -7-��15 /T J 0 F- G :7<eE Lt AIL-��, A Signature NAME1�lAIEr �J 1���//�/ Cr H (Print) ADDRESS -711 C6I'l/F7- F"e �flk- TELEPHONE �o/ /�`�� Aspen, Colorado 81611 Date Z:D, / j 7 6 I, as owner of improved and/or unimproved property in the vicinity of the construction of the city maintenance building under construc- tion on Cemetery Lane do hereby request the City Council to review the variance granted by the Planning and Zoning Board covering said construction. I am opposed to this installation and request that it be halted. d 7 , �L� �4' a(el.-Z -.e QY_ Signature AEI W_ NAME Lid ti(�� /►1.2-Cif �N4� (Print) ADDREESSSS *Z L4*yr f- Ar 3a�rJ�-or7 )UPrk TELEPHONE 2S- //D4 __ _ • V.-Ci.N. ititchis City Council City of As en .Aspenp Colorado tlox 37 Larkspurs Colorado 30118 3eptembor As 1y76 Re: Golf Course i aintensnce nuilding Under Construction Gentlemen: It hz6 ree ntiy c:)me to my attentiontlia,, a golf course maintenance uuildinv is b:i ng const..u.cted in extramely close prcxi 4itf to Yr; --rty . U&c:- -- owr. in Aspen. mince both my pr:jperty wO th.-- maintenance buildin.; un-icr construction arecle..riy in a resilenti-1 sec-�ion, I assume that it sa necessirj .for th City to obtain a v,:r- iance In order'.:o belinthis construction. I received no notice ti.st such a var- ies: ce way uwie!- consi.derUAon and as a result was unable to vUoe my extremely strong opposition to th construction of sacs a b jilding. It seems t , r - a more appropriate :.n4 less conspicuous loc:-tion on Cit_r land adjacent to th ,olf Course pro sht.Wp and -supervi-3or-y facilities should be used. -iuch s l c.; .t-)n vmnll have no detrelmental impact on private pro►.arty vi<wss v�,Iu,^3 mid aesthetics gnara-teed n-ootcrty -iumnre on Cemetery Lans by zoning r Jes riiich doubtless attracted th-m to this area. Tt City sr.oul-t be aware that thy- son- stru •tion of tll.s service or in•lustrial ty�building 'betrr,ys thosewho ; urch<=.sed -)rop£-rty in ;;ood faith in an area sone�l for residential type b 1lding only* any opposition to this type of installation is so strong that if I am not grunted tiie opportunity to ex- v4ss my opposition at a .revic,r of the; vyt -ic which, seriously c.msi�ler tzkin court acti n $ Joined by Ah: r vc rse- = '�� Property ownersagainst the City or takin; whatever other steps may br appropriate to halt the current objectiortaule construction. lours very trulj,, r T 9. H.';4 tci-:ie?hns j Aspe olorado 81611 D a t ��, —/- �z I, as owner of improved and/or unimproved property in the vicinity of the construction of the city maintenance building under construc- tion on Cemetery Lane do hereby request the City Council to review the variance granted by the Planning and Zoning Board covering said construction. I am opposed to this installation and request that it be halted. �L' 11L�k i • Aspen, Colorado 81611 Date Sept. 16, 1976 I, as owner of improved and/or unimproved property in the vicinity of the construction of the city maintenance building under construc- tion on -Cemetery Lane do hereby request the City Council to review the variance granted by the Planning and Zoning Board covering said construction. I am opposed to this installation and request that it be halted. —the location of the building in a residential area is ill advised. It will adversely affect the re-1denti s saftey and welfare to have a com ercial building so close to homes. —the traffic on Cemetery bane is already so heavy and a building; of this nature will only add to the problem. —`"e received notice of this proposal aprroximately one year ago and at the time were told that we could motest ONLY if we lived within 300 feet of the building. —In mar opinion there are many other sites much `more suitable to a building of this nature. S g re NAME Tbomas Tacono (Print) ADDRESS 770 Cemetery Lane en , Colorado 81611 TELEPHONE 925-3780 Aspen, Colorado 81611 Date 1D I, as owner of improved and/or unimproved property in the vicinity of the construction of the city maintenance building under construc- tion on Cemetery Lane do hereby request the City Council to review the variance granted by the Planning and Zoning Board covering said construction. I am opposed to this installation and request that it be halted. W Q U� Q/LQ Y10 � �� � Ore ` e CJLA ckci o -+ -�� d v.re C 14 O 1� L� I com qnL - ak1 411-1 \Q Ca ,-�; r Signature NAME (Print) ADDRESSU �� ma-t AL4 �fL v, TELEPIIDNE q�� - 3 1 0" Aspen, Colorado 81611 Date. q — a11—q(o I, as owner of improved and/or uni;nproveJ property .in the vicinity of tiie construction of the city maintenance building under construc- tion an Cemetery Lane do hereby request the City Council to review t:'.e variance -ranted by the Planning and Zonin- Board coverincT said construction. I am opposed to this installation and request that it be halted. Vi a. C) O I\d� c. Ctcc�- ors &OaA , -" Z, �Z&e� Signature NAME �o�b l u R • l�t� �� CG I (Prin t) �II ADi)RF,SS � �eWI�Q'�t�ll ���curo�- LOlc3aksa g t (u- TELEPHONE G ,O(o-A Aspen, Colorado 81611 Date - -2� �—O - ) 9:�� I, as owner of improved and/or ur—.improve3 property in the vicinity of t!le constr+_iction of the city mainteiiance building under construc- t ion 3n Cometery Lane do hereby request the City Council to review t`_e va^+ance granted by the Planning and Zuning Board covering said construction. I am opposed to this installation and request that it be halted. OLI Signature NAME Cho—iic (' kc� CG c (Print) ADDRESS TELEPHONE C Aspen, Colorado 81611 Date I, as owner of improved and/or unjmproveJ property in the vicinity of the construction of the city maintena ee buildina under construe- tJon .;:i C' ,metery Lane do hereby request the City Council to review t`_e variance -ranted by the Planning and Zunin_, Board coverIna said construction. I am opposed to this installation and request that it be halted. i Si-nat u r e NAyTP. L 6 J-r7E-1,,3 (Print) ADDRESS 0►-J ` ,J rJti y TELEPHONE Aspen, Colorado 81611 Date <?/Z-e/76 —T I, as owner of improve,) and/or unimprovei property in the vicinity of tiie construction of the city maintenance building under construc- tlon on Cemetery Lane c!o hereby request the City Council to review t`_e variance granted by the Planning and Zoning Board covering said construction. I am opposed to this installation and request that it be halted. kv ianature NAME_ -'SIN S� rw Ps-, r"/ (Print) ADDRESS c C� . —T TELEPHONE Aspen, Color do 81G11 Date I, as owner of improves] and/or unimprove3 property in the vicinity of the construction of the city maintenance building under construc- tion an Cemetery Lane do hereby request the City Council to review t' e var.; ance granted by the Planning and Zoning Board covering said construction. I a7 opposed to this installation and request that it be halted. Signature NAMF. DO/JAL 0 L • S M (Print) ADDRESS / S A) CO- TELEPHONE 92s' 25419 DATE , , ,;. SCALE W k0 3.. ... :... .. ... .fF71�/L'rlp� } r � F_.r�...,"iRA'rfs`aK+1�bTc."?M1F4�pN+i yi'�•'-b�.