HomeMy WebLinkAboutLand Use Case.CU.210 E Hyman Ave.1983-CU-1 MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Colette Penne, Planning Office
RE: Nicholson - Change in Use
DATE: December 6, 1983
LOCATION: Park Central West Building
210 E. Hyman Avenue
ZONING: 0 - Office
APPLICANT'S REQUEST
The applicant requests an exemption from GMP as per Section 24-
11.2(j) to change the use of Condominium Unit #101 from an office to
a one - bedroom residential unit.
REFERRAL COMMENTS
The Building Department noted that on October 27, 1983, a building
permit was issued for Unit #101 for an interior remodel. The plans
were red lined that office #2 was not to be a bedroom. Section 7 -143
will require a park dedication fee for the added bedroom. They
further question whether Section 24 -4.5 requires that an additional
parking space be supplied and if the condominium map needs amendment.
The Engineering Department has some platting concerns. The pertinent
statements for this review focus on parking issues and are as follows:
"The platting (and subdivision approval) shows fifteen general
common element parking spaces. As of the site inspection of
11/14/83, there are eleven (11) assigned, reserved parking
spaces. The parking should be returned to the fifteen common
element spaces as platted or the plat should be changed to show
limited common element, reserved parking. In any case, fifteen
spaces are required. The widths of the parking spaces shown on
the map are nine feet and greater. Standards have been reduced
to 81 feet, and at least one more parking space could be created
by going to 81 foot spaces. The change in use results in a
downgrading of parking requirement, from 1.75 parking spaces
used as office, to one space for residential use."
The City Attorney's Office made no comments.
PLANNING OFFICE REVIEW
The change in use ordinance (Ord. #36, Series of 1983) added a new
GMP exemption in the form of subsection (j) to Section 24 -11.2 which
reads as follows:
"Any change in use of an existing structure for which a certi-
ficate of occupancy has been issued for at least two years,
provided that the applicant can demonstrate to the Planning and
Zoning Commission that said change in use will result in negli-
gible growth impacts on the community. Any activity resulting
in a change between the use categories identified in Section 24-
11.1 of this Code which is found by the Planning and Zoning
Commission to cause a growth impact shall be subject to the need
to acquire a development allotment, pursuant to said Section 24-
11.1. For the purposes of this section, growth impact shall be
MEMO: Nicholson - Change in Use
December 6, 1983
Page Two
defined as any activity which results in more than a negligible
increase in employee housing or parking spaces; generates more
than a negligible increase in traffic demand, water or sewer
needs, fire and police protection requirements, off -site drainage
and road demands; or otherwise requires the provision of more
than a negligible increase in governmental services."
This space is part of an existing structure which received a certifi-
cate of occupancy in November of 1980, therefore, it meets the two
year minimum requirement. The change from an office use to a resi-
dential unit will likely reduce the need for employee housing and the
parking required is one space for the one - bedroom unit as compared to
1.75 spaces for the office use. This conversion should not result in
any increased traffic demand since a reduced number of people will be
using this space. Since occupancy of a one - bedroom unit is one or two
persons on a relatively full -ti e basis, and the applicant submitted
that the office use accommodate6 people during office hours, the
residential use should not create increased water or sewer needs.
Drainage will not be affected since no new construction is proposed.
Police and fire protection requirements should not be affected.
PLANNING OFFICE RECOMMENDATION
The Planning Office recommends that a finding be made of no negligible
growth impacts associated with the change in use of Unit #101 of the
Park Central West Building from office space to a one- bedroom residen-
tial unit with the following conditions:
1. Reinstatement on -site of fifteen (15) parking spaces.
2. Payment of a park dedication fee for the new bedroom.
3. Covenants be prepared by the applicant, approved by
the City Attorney, and recorded, which document that Unit
#101 has been changed from office to residential use and
that any reversion would have to go through the Change In
Use GMP Exemption procedure.
•
MEMORANDUM
TO: Colette Penne, Planning Office
Gary Esary, Assistant City Attorney
FROM: Chuck Roth, City Engineering Department
DATE: November 30, 1983 6C-
RE: Nicholson Change in Use Review
This memo is to convey some context of a phone conversation
that I had this morning with Mr. Al Nicholson regarding
the parking situation behind the building (Park Central
West.) When the original platting and subdivision were
approved, the approval was conditioned for one thing on
fifteen parking spaces. The record indicates that this
number, fifteen, was a reduction from early parking
requirements during the review process. I have not dug
into the historicity to determine if the number, fifteen,
was correctly or judiciously determined. By code standards
from 1976, the building would require seven parking spaces
for the commercial use floor area. There are ten residential
units of unknown numbers of bedrooms, but the minimum would
be ten parking spaces for ten single bedroom or studio units.
These would total at least seventeen spaces.
We do not at this time have any cause to change the parking
requirements, but the Engineering Department wants to
protect the fifteen spaces which were required and agreed
upon. This could be done by removing the signs which reverse
the spaces in order to permit free use of the space to
building tenants and users. Or, if the signs are to stay
up, which is the indicated preference of Mr. Nicholson,
the Engineering Department would like to see fifteen of
them. The four new ones could state "Parking for Customers"
or whatever they want. During the conversation, Mr. Nicholson
agreed to installing four more parking space signs prior to
effecting the change -in -use, if it is approved.
CR /co
cc: Jay Hammond
MEMORANDUM
TO: Richard Grice, Planning Office /J r�
FROM: Chuck Roth, City Engineering Department v 2 —
DATE: November 18, 1983
RE: Nicholson Change in Use Review
Having reviewed the above application, and having
made a site inspection, the City Engineering Department
has the following comments:
1. There are three recorded plats on Park Central West.
2. The site inspection revealed some discrepancies
in the platting.
3. There are a dumpster and an electrical transformer
that are not shown on the plat.
4. The platting (and subdivision approvals) shows fifteen
general common element parking spaces. As of the
site inspection of 11/14/83, there are eleven (11)
signed, reserved parking spaces. The parking should
be returned to the fifteen common element spaces as
platted, or the plat should be changed to show limited
common element, reserved parking. In any case, fifteen
spaces are required.
5. The widths of the parking spaces shown on the map
are nine feet and greater. Standards have been
reduced to 81 feet, and at least one more parking
space could be created bygoing to 81/2 foot spaces.
6. The change in use results in a downgrading of parking
requirement, from 1.75 parking spaces used as office,
to one space for residential use.
CR /co
ASPENOPITKIN I-gEGIONAL BUILDII..J DEPARTMENT
MEMORANDUM
TO: Richard Grice, Planning ASPEN/ iK 4 CO.
PLANNING OFFICE 7
FROM: Bill Drueding, Zoning Enforcement t
DATE: November 9, 1983
RE: Nicholson - Change In Use
My comments with reference to the above property are as follows:
1. On October 27, 1983, a building permit was issued for
Unit #101 for an interior remodel. The plans were red lined
that office #2 was not to be a bedroom.
2. Section 7 -143 will require a park dedication fee for the
added bedroom.
3. Does Section 24 -4.5 require another parking place?
4. Does the condominium map need to be amended?
cc: Patsy Newbury, Zoning Official
Jim Wilson, Building Official
BD /ar
offices: mail address:
110 East Hallam Street 506 East Main Street
Aspen, Colorado 81611 303/925 -5973 Aspen, Colorado 81611
506 East Mein Street BUILDING PERMIT APPLICATION
Asp en, Colorado 81611 General 1'
303/925 -5973 ASPEN4PITKIN Construction
Permit
REGIONAL BUILDING DEPARTMENT
6 ' 7 1 1 }
Jurisdiction of NO
Applicant to complete numbered spaces only.
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SEPARATE PERMITS ARE REOUIRED FOR ELECTRICAL, PLUMBING -
HFATING VENTILATING OF AIR CONDITIONING. OTHER (SPECIFY)
THIS PERMIT BECOMES NULL AND VOID IF WORK OR CONSTRUCTION , r� _
AUTHORIZED 15 NOT COMMENCED WITHIN 120 DAYS OR IF CONSTRUC ■ Z. o.: 4 a a ydss I: 0
TION OR WORK 15 SUSPENDED OR ABANDONED FOR. A PERIOD OF 120 r•• _ • a r 9
DAYS AT ANY TIME AFTER WORK IS COMMENCED 3 . ��+� .. _� ��
1 .HEREBY CERTIFY THAT I HAVE READ AND EXAMINED THIS APPLICATION • , J A 'r n . ' '
AND KNOW THE SAME TO BE TRUE AND CORRECT. ALL PROVISIONS OF LAWS
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cc ORDINANCES GOVERNING THIS TYPE OF WORK WILL BE COMPLIED WITH
w0ETIIER SPECIFIED HEREIN OR NOT THE GRANTING OF A PERMIT DOES NOT THIS FORM 1' A PERMIT ONLY WHEN VALIDATED
PHE SUME TO GIVE AUTHORITY TO VIOLATE OR CANCEL THE PROVISIONS OF
u:v OTHER STATE 00 LOCAL LAW REGULATING CONSTRUCTION OR THE PER WORK STARTED WITHOUT PERMIT WILL BE DOUBLE FEE
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MEMORANDUM
TO: City Attorney
City Engineer
2tilding Department
FROM: Richard Grice, Planning Office
RE: Nicholson - Change in Use
DATE: November 1, 1983
Attached is the application submitted by Alfred C. and Elizabeth
Nicholson for Change in Use approval. The Nicholsonsare requesting
the change of an office located in the Park Central West building,
210 E. Hyman to a one- bedroom residential unit.
Please review this application and return your comments to the
Planning Office by November 22, 1983, in order for this office
to have adequate time to prepare for its presentation before the
Aspen Planning and Zoning Commission meeting on December 6, 1983.
Thank you.
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CASELOAD SUMMARY SHEET
City of Aspen
No. (T;() C
Staff:
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PROJECT NAME: //1�� /_IJ. /. - �?� „ {r -�I (/�,.,
goes Ir,4NT I i %/ . )`i. LC)/ Phone:
REPRESENTATIVE: Phone:
TYPE OF APPLICATION: (Fee)
I. GMP /SUBDIVISION /PUD (4 step)
1. Conceptual Submission ($1,840)
2. Preliminary Plat ($1,120)
3. Final Plat ($ 560)
II. SUBDIVISION /PUD (4 step)
1. Conceptual Submission ($1,290)
2. Preliminary Plat ($ 830)
3. Final Plat ($ 560)
III.EXCEPTION /EXEMPTION /REZONING (2 step) ($1,010)
• . IV. SPECIAL REVIEW (1 step) ($ 465)
1. Special Review
2. Use Determination
3. Conditional Use
REFERRALS: Date Referred: hi) leg
Attorney Sanitation District School District
Engineering Dept. Mountain Bell Rocky Mtn. Nat.Gas
Housing Parks State Hgwy. Dept.
Water Holy Cross Electric Fire Chief
City Electric Fire Marshall /Building Dept. Other
FINAL ROUTING: Date Routed:
•
y / // Attorney ✓ Engineering
✓ Building Other
411 411
• 4
' DISPOSITION:
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Ordinance No.
CITY P &Z REVIEW:
CITY COUNCIL REVIEW:
Ordinance No.
•
•
Alfred C. and Elizabeth Nicholson
P.O. Box 1360
Colorado Springs, CO 80901
October 20, 1983
Alice Davis
City of Aspen
Planning and Zoning Office
130 S. Galena St.
Aspen, CO 81611
Dear Ms Davis:
In accordance with Section 24 -11.2, of the Municipal Code,
Subsection J, adopted by Ordinance 36, Series 1983, the
undersigned hereby request a change in use for the subject space
from office to a one bedroom residential unit. (See attached
preliminary plan.)
The space has been used as an office since a certificate of
occupancy was issued in November 1980.
We feel that the growth impact will be negligible, based on the
following response to the various items as set forth in
Subsection J, of the ordinance.
1. Employee housing and parking: Since the use is now
office, a change to residential would reduce the need
for added housing. In the past there has been as many
as 6 full time principals and employees, plus 5 or so
clients.
Since the number of persons using the space will be
greatly reduced, this will result in the need for much
less parking.
2. Traffic demand: As stated in the preceding, the
reduced number of persons will result in less of a
need for automobile traffic.
3. Water and Sewer: There should be no change in this
item. The usage of one or two persons in a residence
would probably equal that of a larger number of people
in an office.
4. Fire and Police protection: The need for this item
should not be effected.
5. Off site drainage and road demands: Drainage, no
change. Road demand would be reduced because of fewer
cars.
Page 2
Request for change
Nicholson
6. Government Services: No change. Residential would
probably require less in the way of governmental
services than an office.
Enclosed is a check in the amount of $465.00 for the change in
use fee, a proposed floor plan for the unit, and a plot plan for
the site.
Thank you very much for your assistance in this matter.
S L�Z�� y C %G/s
A. C. Nic n Arif
Er zabeth A. Nicholson
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