The URL can be used to link to this page

Home My WebLink Aboutcoa.lu.tu.415 E Hyman Ave.0075.2010.ASLU0075.2010.ASLU 415 1' HYMAN �T TEMP USE XXXXXXXXXXXXxxxxxXXxxxxx 0 0 THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER PARCEL ID NUMBER PROJECTS ADDRESS PLANNER CASE DESCRIPTION REPRESENTATIVE DATE OF FINAL ACTION 0075.2010.ASLU NO�3--//&/o/ ARCEL 415 E. HYMAN ST DREW ALEXANDER TEMP USE ROSS KRIPS 12.5.10 CLOSED BY ANGELA SCOREY ON: 01.27.11 File Edit Record Navigate Form Reports Format Tab Help 00 -7 5-- 20 [6 AS /,- L,,l dump 1 . W : 0 Cr 1 Routing Status Fees Fee Summary I Ma' I Actions Attac}wts Routing History Valuation Ards f Eng Custom Fields l Sub br* 1 1 — — — — Permit type aslu Aspen Land Use Permit # 0075.2010.ASLU Address 415 E HYMAN Aptf Suite City ASPEN State CG Ip 81611 Permit Information Master permi Routing queue aslu07 Appied 1130010 Z Project Status pending Approved A b Description TEMPORARY USE - USE OF COMMOM AREA ATRIUM (CORRIDOR ON FIRST FLOOR Issued AS GALLERY STORE. NO STRUCTURAL MODIFICATIONS. Final Submitted ROSS KRIBBS 379 5220 Clock Running Days F70 Expires 11 �2572011 Submitted via Owner Last name FYRvVALD ERNST R 8 LAC' First name 1265 MOUNTAIN VIEW DR Phone () Address ASPEN CO 81611 Applicant 2 Owner is applicant? F1 Contractor is applicant? Last name FYRWALD ERNST R 8 LAC I First name 1265 MOUNTAIN VIEW DR ASPEN CO 81611 Phone () Cust # 28939 Address Lender Y Last name First name Phone O Address Tnhnv - Mirrncnfl I n "M &a. i �1 • MEMORANDUM I ; TO: Mayor Ireland and City Council FROM: Chris Bendon, Community Development Director No RE: Nugget Gallery Temporary Use Permit — Public Hearing Resolution No.� Series of 2010. DATE: December 6, 2010 Land Use Request: The Applicant is requesting a Temporary Use Permit to install an art gallery in a common area of a commercial building at 415 East Hyman Avenue. Staff Recommendation: Approval, with conditions. Location: 415 East Hyman Avenue (on the Hyman Mall). Legal Description: Condominium Units 1-16, Roaring Fork Condominiums, according to the Map thereof filed for record January 31, 1973 in Plat Book 4 at Page 355. Applicant: F&M Ventures, LLC; Ernie Fyrwald, principal. Horseshoe Holdings, LLC; Bruce Carlson and Greg Jurgenson, principals. Representative: Ross Kribbs, Nugget Gallery _.I I SUMMARY: Ross Kribbs is applying for a temporary use permit to operate a gallery in the lobby space of a downtown commercial building. The building is 415 East Hyman Avenue, on the mall, and houses Morris and Fyrwald Real Estate and several other offices on upper floors. The creation of new commercial space in the City requires growth management approvals and housing mitigation. The mitigation is based on "net leasable area" and does not count common hallways, lobbies, emergency stairways, trash enclosures, and similar common areas that are not typically rented to an individual business. As such, those spaces cannot be used by individual businesses. Ross Kribbs attended a work session to discuss an amendment to the Land Use Code to allow an art gallery to operate in a building's common area, without paying mitigation. 0 • As discussed in the work session, merely hanging the pictures with information about the artists does not render the hallway a commercial space. This happens in many spaces around town, restaurants, office lobbies, etc, and could be done without a code amendment. However, the active operation of the space makes the space into a store and requires the space be approved as net leasable area with the associated mitigation. City Council declined to initiate a code amendment at this time, but did direct staff to accept a temporary use application. This was seen as an "experiment" of sorts and may lead to a code amendment in the future. Note: Staff will continue to provide caution around initiating specific -interest code amendments. The City is close to adopting a revised Community Plan with many proposed large-scale code amendments. The Council will need to prioritize these amendments according to public purpose and staff resources. City Council was also asked about the gallery having a sandwich board in the mall advertising the gallery. Some members of City Council were not receptive to a sandwich board, although no decision was made. The newly adopted sign code does not permit a sign in this location. Staff has drafted the resolution to prohibit a sandwich board sign. Mr. Kribbs will want to address this issue again. Staff has asked the applicant to gain approval from each of the businesses directly affected by the proposed use. Mr. Kribbs is obtaining these sign -offs and will be able to update the Council at the hearing. Mr. Kribbs has also represented that the artwork will be primarily the work of local artists. Staff has included this representation in the draft resolution. Staff believes all criteria are met. Staff recommends the Temporary Use Permit be granted. RECOMMENDATION: Staff is recommending approval, with conditions. RECOMMENDED MOTION: "I move to approve Resolution No. �0, Series of 2010, approving a temporary art gallery at 415 East Hyman Avenue." CITY MANAGER COMMENTS: ATTACHMENTS: A — Temporary Use Criteria 15- Applies 0 0 Chapter 26.450 TEMPORARY AND SEASONAL USES IA Sections: 26.450.010 Purpose. 26.450.020 Authorization for temporary uses. 26.450.030 Criteria applicable to all temporary uses. 26.450.040 Conditions of approval. 26.450.050 Duration and expiration of a temporary use. 26.450.060 Procedure for temporary use approval. 26.450.070 Application. 26.450.080 Amendment of development order. 26.450.090 No vesting of temporary uses. 26.450.010 Purpose. Temporary or seasonal uses are those uses or structures that may or may not be permitted in a given zone district, but which may be allowed on a non -permanent and temporary or seasonal basis upon individual review of their proposed nature, location; duration, impact, and compatibility with surrounding permitted uses and structures, excepting outdoor merchandising or commercial displays which shall not be permitted as temporary uses. Additionally, off -site construction staging and temporary storage shall only be permitted in accordance with the procedures and criteria as set forth in Chapter 26.314. 26.450.020 Authorization for temporary uses. No temporary use shall be permitted except upon review and approval by either the Community Development Director or by City Council in accordance with the procedures, standards and limitations set forth in this Chapter. A temporary use may be granted by the City Council for a period of up to 180 days. An insubstantial temporary use may be authorized by the Community Development Director. An insubstantial temporary use shall be defined as a temporary use that meets the criteria set forth below in Section 26.450.030, is limited to a period of time not to exceed seven (7) days, the impact upon the immediate vicinity is determined to be minimal, and in the opinion of the Community Development Director does not require the review and approval of the City Council. Tents which are erected for a period of time which does not exceed seven (7) days, and which are erected on private property shall be exempt from obtaining a temporary use permit. 26.450.030 Criteria applicable to all temporary uses. When considering a development application for a temporary use or an insubstantial temporary use, the Community Development Director or City Council shall consider, among other pertinent factors, the following criteria as they, or any of them, relate thereto: A. The location, size, design, operating characteristics, and visual impacts of the proposed use. City of Aspen Land Use Code. August, 2007. Part 400, Page 115 0 • B. The compatibility of the proposed temporary use with the character, density and use of structures and uses in the immediate vicinity. C. The impacts of the proposed temporary use on pedestrian and vehicular traffic and traffic patterns, municipal services, noise levels, and neighborhood character. D. The duration of the proposed temporary use and whether a temporary use has previously been approved for the structure, parcel, property or location as proposed in the application. E. The purposes and intent of the zone district in which the temporary use is proposed. F. The relation of the temporary use to conditions and character changes which may have occurred in the area and zone district in which the use is proposed. G. How the proposed temporary use will enhance or diminish the general public health, safety or welfare. 26.450.040 Conditions of approval. Upon review and approval by the Community Development Director or City Council, as set forth at Section 26.450.060 herein, the temporary use approval may be conditioned as deemed necessary to protect the integrity of the zone district and the surrounding uses and structures in the neighborhood in which a temporary use is to be permitted. This may include, but is not limited to, setting requirements for, or imposing restrictions upon size, bulk, location, open space, landscaping, buffering, screening, lighting, noise, signage, parking, operations, hours of operation, set -backs, building materials, and requiring such financial security as deemed necessary to ensure compliance with any or all conditions of approval and/or to restore the subject property to its original use and condition. 26.450.050 Duration and expiration of a temporary use. A. Duration. Temporary uses may be granted for a period not to exceed one hundred eighty (180) days from the date upon which the City Council approves the temporary use, unless a shorter period is specified in the approval. Insubstantial temporary uses may be granted for a period not to exceed seven (7) days from the date upon which the Community Development Director approved the temporary use, unless a shorter period of time is specified in the approval. For,seasonal uses, the City Council shall determine the maximum number of annual recurrences, which shall not exceed ten (10) years. B. Extensions. The City Council may grant one extension of an approved temporary use. The Community Development Director may grant one extension of an approved insubstantial temporary use. Requests for an extension of a temporary use approved by City Council must be - - City of Aspen Land Use Code. August, 2007. Part 400, Page 116 submitted in writing to the Community Development Director no less than fifteen (15) days prior to the expiration of a permitted temporary use. Requests for an extension of an insubstantial temporary use approved by the Community Development Director must be submitted in writing to the Community Development Director no less than three (3) days prior to the expiration of a permitted insubstantial temporary use. All proposed extensions of a temporary use or insubstantial temporary use shall be evaluated under the same criteria as set forth in Sections 26.450.030 and 26.450.040. Requests for an extension of time approved by the City Council shall be heard and approved or denied at a public hearing. No extension of a temporary use approved by City Council shall exceed one hundred eighty (180) days. No extension of an insubstantial temporary use approved by the Community Development Director shall exceed seven (7) days. 26.450.060 Procedure for temporary use approval. A development application for temporary use shall be submitted to the Community Development. If the Community Development Director determines that the proposed temporary use is insubstantial in accordance with the criteria set forth at sections 26.450.020 and 26.450.030, the Community Development Director may grant, or grant with conditions, the insubstantial temporary use. The Community Development Director may as part of the determination whether the temporary use is insubstantial, require the applicant to provide notice to surrounding property owners with an opportunity to comment by a date certain. The form and method of such notice shall be in the sole discretion of the Community Development Director taking into account the nature of the temporary use and its potential impacts upon the immediate vicinity. If the Community Development Director determines that the proposed temporary use is not insubstantial, the Community Development Director shall forward same with comments and recommendations to City Council. City Council shall then after a public hearing approve, approve with conditions, or deny the application. The hearing before City Council shall be preceded by timely notice (publication, posting and mailing) as specified in section 26.304.060(E)(3)(a)(b)&(c), and all hearings shall be conducted in accordance with the procedures set forth in section 26.304.060(C) of this title (Ord. No. 27-2002 § 17; Ord. No. 12-200702) 26.450.070 Application. A development application for a temporary use shall include the following information: A. The general application information required in Section 26.304.030 of this Title. B. A sketch plan of the site showing property lines and existing and proposed features relevant to the temporary use and its relationship to uses and structures in the immediate vicinity. C. If the application involves development of a new structure, or expansion or remodeling of an existing one, then proposed elevations of the structure must be provided. City of Aspen Land Use Code. August, 2007. Part 400, Page 117 D. Such other information as deemed necessary by the Community Development Director for purposes of evaluating the application. E. Payment of all necessary fees. 26.450.080 Amendment of development order. A. Insubstantial amendment. An insubstantial amendment to an approved development order for a temporary or seasonal use may be authorized by the Community Development Director. An insubstantial amendment shall be limited to design, technical or engineering considerations first discovered during actual development of the temporary use which were unknown and could not reasonably have become known prior to or during the approval process, or any other minor amendment to the approval which the Community Development Director has determined to have no affect on the nature of, or the conditions imposed upon, a temporary use. B. Other amendment. All amendments not constituting an insubstantial amendment must be reviewed and approved by the City Council at a public hearing. 26.450.090 No vesting of temporary or seasonal uses. A development application for and an approval of a temporary or seasonal use and/or structure, or development plan, shall not constitute nor be interpreted by any property owner, developer or court as a site specific development plan entitled to vesting under Article 68 of Title 24 of the Colorado Revised Statutes or Chapter 26.308 of this Title. Temporary or seasonal uses and structures shall be considered transitory variances at all times and shall not vest. The failure of an applicant to adhere to any condition of approval for a temporary or seasonal use shall result in the immediate forfeiture of the temporary use approval and such use shall immediately cease and may be abated as provided for in the Municipal Code. City of Aspen Land Use Code. August, 2007. Part 400, Page 118 ATTACHMENT 2 -LAND USE APPLICATION APPLICANT: dame: f-ex f E 6 2w9c D 1 F t m L'Enrv2E5 L L G ,ocation: `f's E• 4ym9A� 14(iGA_IvE 904et-NC, FORK C6-)Vz)orlt1VJL1,-4 S Un1r75 1-16 (Indicate street address, lot & block number, legal description where appropriate) 'arcel ID # (REQUIRED) tEPRESENTATIV E. Jame: �oss �K�3R5 kddress: 7F,0u 37C_ "hone 4: o- Sago 'ROJECT: Jame: Lc, V .4LLE 4 Y kddress: `� f S E . 14 yv" 4 G Iv- iE /9 5/aF N Coo 'hone #: :7-0 TYPE OF APPLICATION: (please check all that apply): ❑ Conditional Use ❑ Conceptual PUD ❑ Conceptual Historic Devt. ❑ Special Review ❑ Final PUD (& PUD Amendment) ❑ Final Historic Development ❑ Design Review Appeal ❑ Conceptual SPA ❑ Minor Historic Devt. ❑ GMQS Allotment ❑ Final SPA (& SPA Amendment) ❑ Historic Demolition ❑ GMQS Exemption ❑ Subdivision ❑ Historic Designation ❑ ESA - 8040 Greenline, Stream ❑ Subdivision Exemption (includes ❑ Small Lodge Conversion/ Margin, Hallam Lake Bluf condominiumization) Expansion Mountain View Plane ❑ Lot Split Temporary Use ❑ Other: ❑ Lot Line Adjustment ❑ Text/Map Amendment EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc. PROPOSAL: (description of proposed buildings, uses, modihcations, etc. V SE o F C-6+' niDN AREfI #-7-ktL"/U9jF/P62 6AJ 1`I257- �LtrO�_ A15 GAGLEeY STati2E. NO - L�1LT,,iC,$ L lkrt.op , Fr C-47'r oA�, Have you attached the following? FEES DUE: $� ❑ Pre -Application Conference Summary ❑ Attachment #1, Signed Fee Agreement ❑ Response to Attachment #3, Dimensional Requirements Form ❑ Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards All plans that are larger than 8.5" X I I" must be folded. A disk with an electric copy of all written text (Microsoft Ford Format) must be submitted as part of the application. THE NUGGET GALLERY A proposal for use of the 415 East Hyman Atrium Applicant Representative: Ross Kribbs Proposal in brief This is a proposal by Aspen resident Ross Kribbs to create a small but functional gallery from a currently under-utilized corridor/atrium space in the Roaring Fork Building on the Hyman Avenue mall. The creation of the gallery, to be promoted as "The Nugget Gallery", would involve no structural changes to the space. The building's owners and tenants are fully and unanimously in support of the project. Benefits: No construction or construction traffic. New retail options on a block with 4 empty storefronts. Non-traditional use of space. Reasonably priced, high quality local artwork. Later evening hours. Additional city sales tax revenue. Improved lighting and egress through the corridor/atrium. About the applicant I'm an 11-year resident of Aspen and a photographer and graphic designer by trade. I moved to Aspen in 1999 as a staff photographer for the The Aspen Times. Due to economic realities, the majority of my photographic work is now for the real estate industry, but my goal has always been to make a living by selling my fine -art images. This gallery would be a significant step in that direction. I've owned a 1-bedroom condominium in Hunter Creek Condominiums for 5 years, and I currently the president of the homeowners' association there. I'm proud to be a citizen of Aspen, and I've always tried my best to be an aware and active participant in civic life. The Space The Roaring Fork Building is located at 415 Hyman Avenue, on the Hyman Avenue mall. Its basement is home to The Mustang Restaurant, and the 1st, 2nd, and 3rd floors are occupied primarily by Morris & Fyrwald/Sotheby's International Realty. The top floor is a private residence owned by Dr.. Bruce Carlson. This building includes an odd 1st -floor atrium that runs from the front of the building to the rear alley, with tall ceilings, skylights, exposed brick beams, wood trusses. The space has served as a catch-all for discarded furniture and old rugs, and has been unused and overlooked for at least the last 8 years. The space is a vital circulation corridor, albeit a very wide one: almost 9 feet across. It accesses the building's only elevator, and is the only access to the first floor restrooms in the rear of the building. Even with these significant limitations it has the makings of an adequate -- if quite small -- gallery space. Precedent The Aspen City Council talks often about downtown vitality, the need for a wide variety of retail options, and the desire to promote the creative use of existing spaces without promoting new construction. This proposal fits those criteria like a glove, and seems very consistent with the Aspen Area Community Plan. Under current city code and current interpretation of that code, the creation of new retail space requires affordable housing mitigation payments to be made by the building's owners. This is a reasonable request when such spaces are lockable and secure. This property is not. It has severe limitations (pedestrian corridor, non -secure, limited square footage) and requiring mitigation payments from the building's owners would render the project unfeasible. If required to make mitigation payments, the owners would most likely construct enclosed spaces, and then rent to the types of businesses or brokers that could afford that high cost. The option I've proposed acknowledges those limitations, keeps rent reasonable, and keeps art prices reasonable, too. City Council has set a precedent of exempting mitigation payments based either on the location of the space (retail shops facing the alley) or by the type of use (food vendors in interior atriums.) Indeed, under the recently -enacted Ordinance 9b, The Nugget Gallery space could be used to sell hot dogs, lattes, and pancakes with no mitigation required. Business Plan First and foremost, I'd like to sell my work. If the opportunity or interest arises, I'd consider showing the work of other Roaring Fork Valley artists, but that's not at all imperitive or a priority. Selling any work would involve myself or a representative being on -site at a small desk to process orders, but all other marketing and order-fullfillment would occur in my home office. My clear intent is to promote and sell my own work. I'm open to any reasonable limitations or guarantees regarding hours of operation, even guarantees regarding pricing. I'd like to make a living, not a killing. Signage The Nugget Gallery is an oddball space, and its entrance is no different. While the address of this building is on the Hyman Avenue Mail, the gallery has no mall -facing windows, and is all but invisible to passersbye. From the beginning of this application process b months ago, a sandwich board sign was integral to the business plan. Without it, there's no reason to expect any walk-in traffic, or for me to be on -site to greet guests. I understand that the code has changed in the interim, and that the city is interested in reducing signage that only duplicates existing visible storefronts. I think this a different situation, and am happy to tour the site with Council or the Community Development Office to discuss this request. Ultimately, if Council is in favor of the business plan I've proposed and sees some merit in what if offers, then I'm asking that a small sandwich board sign be permitted in order to make that plan viable. • November 29, 2010 To Whom it May Concern: We, the owners of 415 East Hyman Avenue (The Roaring Fork Building), were contacted by Ross Kribbs in April of this year. He explained to us his idea to use our first floor corridor/atrium space as a gallery for his fine -art photography, and he offered to pay for the paint and lights necessary to display his work properly. We think it's a great idea, and we welcome the already -rejuvenated look to that part of our building. The owners of this building authorize Mr. Kribbs to act as our representative in his application for a Temporary Use Permit to utilize the space referred to above. We encourage the approval of this permit and we look forward to seeing more artwork on our walls. Mr. Kribbs may be contacted at: Ross Kribbs P.O. Box 8761 Aspen, CO 81612 970-379-5220 ross@nuggetmedia.com Thank you, r- Ernie Fyrwald, President Roaring Fork Condominium Association c% F&M Ventures 415 East Hyman Avenue Aspen, CO 81611 970-925-6060 • • AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: ' `/'S E,-)4 T r--Y m4 Aspen, CO SCHEDULED PUBLIC HEARING DATE: 7' >Ec F.n bF,e 6TIf , 2000 STATE OF COLORADO ) ) SS. County of Pitkin ) I, %os s elc c 6 8 5 (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the _ day of , 20C_, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) • Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. ,-D- ), .,Q a4 Signature fb- The foregoing "Affidavit of Notice" was acknowledged before me this day of A%0Kw%f ,�68 ,by V. VOss Kr3b S 4f� Zp/D WITNESS MY HAND AND OFFICIAL SEAL PATRICIA D. HUNTER Notary Public My commission expires: AIM// State of Colorado a-La4— (,-" b. Notary Public ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGA9 LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BYMAIL IF IJISLIC DATE TIME r- 'Act F BleekM .ln° St c � �: N �'o h W Ame,Delk tm Tyrorenn W Lnd(w z G7 ',17 �g Bey Sr Asp«n —tee, ' b.W y id: .,: EB/eeker ., Y B2 LoAp« Irv,nMik H.,-Aq-- can.,n. S, -... W k.. I" H^,1nry _ ry k" StsY As °c d y Mnuv GM,". u M H 's«. o •• ww L,�1pe rli B2 XI Snk,r, True. \ Malwit— II aGn \1 Pkin:qveco HM,4 Jer me Pmm�. Aspen, A (7 B2 $ EB�•eker Sr 1 • RncsResnn :. .., Main q hy'nan :r, f Nookrn S, y qve ague Joe rn F 2 '• •, .i.: 'i:ll y WNYntrM r._. .W Cns:;t L«a • l•nm v: y c Can,pc I� h - S, B2 _ (0 b.rx: t+ R De Fl � c` E Hopkins '.A5 � H«arthslmx H : Aspen vn Roane E '�a•1r—ran � '�.. "'�ik'• - ".-l�Nln Ha,ie ., Y.. pie I„ :.• °ppergve y ,.now Oueen WM NO �00 L; the -[ E hVman h° pkrna Ave - 11 L'Hoslerm qv w h W Hnfm (lrtlnnl . w+. * � R E GOppergve II l ttt4, f Wes �� ,S W.enelshi,e Fat.,,n Hrxa« s " - �(U - f.lrurrtaln Hn:re« Ln,l(H• :n Ar.l,en eoo W cl (ih m,Yum�, E wranrgye - y x>o ( :,N - .p. n1 mi,wrn i 13 ey Up .° v B2 Ctwtexu Atnnc W f C Cmulnmirsrn, uan f pe Mrwntsln Ct Charm Aw— E Gr'antgv y— °rgve eon Juan SI `ty h St Re II Rr,:nt+, c� Ckih e ar;�; 'Q7 - - �4 p d oope/ y C AVe .. Rahfh r £ W m co A.nr•n ero N Fru,n Mnrrdain Ttw Lmle P,overtnas Ltt `.' 1 ®a n /B' ® C Hyan G,e,xl (7 A.rw h n . W Mav Clntlunrl Gg6ery 2 h n_ Renufenrlrs Arar?avm eoo � SkyW '$ uraNgye 5� y` �b bpp ep"'•mgy " � � �Nangt el N � h L SnBrk St r , • Irp w.. AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 144 —fttj ry-c,, , 74-0 Q-- , Aspen, CO SCHEDULED PUBLIC HEARING DATE: t�rir 1�C.L (�2 S:W 9M 204 0 STATE OF COLORADO ) ss. County of Pitkin ) I, j� ,.u.� sc-av - i (name, please print) being or represeAting an Applicant to the City of Aspen,'Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing N and was continuously visible from the _ day of , 200_, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested, to affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions that create more than one lot, Planned Unit Developments, Specially Planned Areas, and COWAPs are subject to this notice requirement. Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. Signature The foregoing "Affidavit of Notice" was acknowled ed before me this 2?iday Of Nt��Q.yy1 , 201 D , by RE: THE NUGGE71 NOTI E USE ri 415 EAST HET GALLERY TEMPORARY YMAN AVENUE NOTICE IS hi will be held or VVEN that a Public hearing meeting to be 5:00 p membeeio e, 0 Aspen City Council. �� urerCouncil Chambers, INPplicat onlsubmitted by Rosto s Krobs eHaln 9get Gallery to open a tam bs of the atrium space of 415 East H Porary gallerym the thman Avenue The is space without store veld be Permitted to Operate in other develo quiretl affordable housing or This building s ocatetl on the for up to one year. Hyman Avenue Mall to the South side of the space is legally downtown Aspen. The 9 y tlescribetl as the Roaring Fork Condos Association Common Area The Roaring Fork Condominiums are owned by Carlson, Bruce E Trust; PO Box 3587- Aspen, CO 81612; Hor shoe Holdings, LLC; ' Box 10459; 61 81611; and, F se- 8M Ventures, LLC; c/o Moron. CO FYrwald Real Estate; 415 East Hyman Avenue. Representing the Roaring Fork Condominium As- sociation is Ross Kribbs, P.O. Box 8761; As CO 81612. For further information, conta pe Bandon at the c n' Development Departirlien f AS ct unity Pen Community Pen , C O 8 1 6 1 1 3. Galena St., As- ch_s.bandon@cI asoen co us.7 0) 9 2 0- 5 0 9 0, Published in the qs en Ti nape^ City jhcd bar 21, 2010 (,8PPg,5) mes Weekly on Novem- WITNESS MY HAND AND OFFICIAL SEAL My co ission xpire : 5 Do I Notary P bli C ATTACHMENTS AS APPLICABLE:THE PUBLICATION ?APH OF THE POSTED NOTICE (SIGN) cc��rrm(s3b 4012012 l'HE OWNERS AND GOVERNMENTAL AGENCIES )OL ICED )VT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE AS REQUIRED BY C.R.S. §24-65.5-103.3 F0 ATTACHMENT 2 —LAND USE APPLICATION 4,011 F��I APPLICANT: O+nEl')-��30 4"7J W �� u Name: VEnrr,-QE LL C- �' 'qS' Location: E. F/rwrenv 14V6A1UE 6?04lec" G r C6_+vZ)0"+Ini lVrh S; UN lrs (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) REPRESENTATIVE: Name: Loss LeIr3S5 Address: O F3ox <3 74/l fl 5 Pen_) Lo g / 6 i 2 Phone #: of :�, o - 3 7 9 - 6- .1) --1 O PROJECT: Name: -7--%c /UVGbET 6.4LLEK Y Address: `� r S E . 14 Ym,I 1` 5,ae nj L-o g /61 / r Phone #: °� 3 -49 - �� o TYPE OF APPLICATION: (please check all that apply): ❑ Conditional Use ❑ Conceptual PUD ❑ Conceptual Historic Devt. ❑ Special Review ❑ Final PUD (& PUD Amendment) ❑ Final Historic Development ❑ Design Review Appeal ❑ Conceptual SPA ❑ Minor Historic Devt. ❑ GMQS Allotment ❑ Final SPA (& SPA Amendment) ❑ Historic Demolition ❑ GMQS Exemption ❑ Subdivision ❑ Historic Designation ❑ ESA - 8040 Greenline, Stream ❑ Subdivision Exemption (includes ❑ Small Lodge Conversion/ Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane ❑ Lot Split Temporary Use ❑ Other: ❑ Lot Line Adjustment ❑ Text/Map Amendment EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc. PROPOSAL: (description of nroDosed buildi etc. USE oG C-amrriON AREA 1}-TRIVMICoR.elDa2 6A) I`rR57 �LppK_ /�5 GgGLEeY STaiE. Nfl L-1GT-R•NL Wob, FrC/I7-(0ti5 Have you attached the following? FEES DUE: S 3 SdD ❑ Pre -Application Conference Summary ❑ Attachment #1, Signed Fee Agreement ❑ Response to Attachment #3, Dimensional Requirements Form ❑ Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards All plans that are larger than 8.5" X I I" must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. • RFcFiv�,. CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT �V 3 p Z Agreement for Payment of City of Aspen Development Application Fees'o-y� A CITY OF ASPEN (hereinafter CITY) andV (hereinafter APPLICANT) AGREE AS FOLLOWS: I . -A/ PPLICA T has -submitted to CITY an applliicJation for ` (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that the City of Aspen has an adopted fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Historic Preservation Commission, Planning and Zoning Commission and/or City Council to enable the Historic Preservation Commission, Planning and Zoning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $3S which is for ---Z> hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of $245.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN (I Byi Chris Bendon Community Development Director APPLICANT By: Date: % :) / 3 a // D Billing Address and Telephone Number: /6 /a 37-' - 5�>D RECEIVED NOV 302010 CITY 01� ASPEN COMMUNITY DEVELOPMENT E 1] CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY PLANNER: Chris Bendon, 429-2765 DATE: 11/16/10 PROJECT: Nugget Gallery REPRESENTATIVE: Ross Kribbs TYPE OF APPLICATION: Temporary Use DESCRIPTION: The application will propose the temporary operation of a gallery in the atrium of a building on the south side of the Hyman Avenue Mall — 415 East Hyman. The building is owned in condominium. The proposal is to waive affordable housing and other development mitigation for the store. Temporary Uses cannot exceed 180 days from the date that the City Council approves. The proposal may expand this to up to one year of intermittent operation. Land Use Code Section(s) 26.304 Common Development Review Procedures 26.450 Temporary and Seasonal Uses Review by: Staff for complete application and recommendation City Council Public Hearing: Yes at City Council Planning Fees: $735 Deposit for 3 hours of staff time (additional staff time required is billed at $245 per hour) Referral Fees: none. Total Deposit: $735.00 Total Number of Application Copies: 10 To apply, submit the following information: 1. Total Deposit for review of application and signed fee agreement. 2. Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. This shall apply for all owners within the condominium. 3. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 4. Written approval from businesses accessed through the common space. 5. Completed Land Use Application. 6. Pre -application Conference Summary. 7. An 8 1/2" x 11" vicinity map locating the subject parcels within the City of Aspen. 8. Proof of ownership. 9. A written description of the proposal and a written explanation of how a proposed development complies with the review standards relevant to the development application. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. • u PLANNER: PROJECT: REPRESENTATIVE: TYPE OF APPLICATION CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY Chris Bendon, 429-2765 Nugget Gallery Ross Kribbs Temporary Use DATE: 11/16/10 DESCRIPTION: The application will propose the temporary operation of a gallery in the atrium of a building on the south side of the Hyman Avenue Mall — 415 East Hyman. The building is owned in condominium. The proposal is to waive affordable housing and other development mitigation for the store. Temporary Uses cannot exceed 180 days from the date that the City Council approves. The proposal may expand this to up to one year of intermittent operation. Land Use Code Section(s) 26.304 Common Development Review Procedures 26.450 Temporary and Seasonal Uses Review by: Staff for complete application and recommendation City Council Public Hearing: Yes at City Council Planning Fees: $735 Deposit for 3 hours of staff time (additional staff time required is billed at $245 per hour) Referral Fees: none. Total Deposit: $735.00 Total Number of Application Copies: 10 To apply, submit the following information: 1. Total Deposit for review of application and signed fee agreement. 2. Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. This shall apply for all owners within the condominium. 3. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 4. Written approval from businesses accessed through the common space. 5. Completed Land Use Application. 6. Pre -application Conference Summary. 7. An 8 1/2" x 11" vicinity map locating the subject parcels within the City of Aspen. 8. Proof of ownership. 9. A written description of the proposal and a written explanation of how a proposed development complies with the review standards relevant to the development application. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. Page 1 of 1 0 THE NUGGET GALLERY A proposal for use of the 415 East Hyman Atrium Applicant Representative: Ross Kribbs Proposal in brief This is a proposal by Aspen resident Ross Kribbs to create a small but functional gallery from a currently under-utilized corridor/atrium space in the Roaring Fork Building on the Hyman Avenue mall. The creation of the gallery, to be promoted as "The Nugget Gallery", would involve no structural changes to the space. The building's owners and tenants are fully and unanimously in support of the project. Benefits: No construction or construction traffic. New retail options on a block with 4 empty storefronts. Non-traditional use of space. Reasonably priced, high quality local artwork. Later evening hours. Additional city sales tax revenue. Improved lighting and egress through the corridor/atrium. About the applicant I'm an 11-year resident of Aspen and a photographer and graphic designer by trade. I moved to Aspen in 1999 as a staff photographer for the The Aspen Times. Due to economic realities, the majority of my photographic work is now for the real estate industry, but my goal has always been to make a living by selling my fine -art images. This gallery would be a significant step in that direction. I've owned a 1-bedroom condominium in Hunter Creek Condominiums for 5 years, and I currently the president of the homeowners' association there. I'm proud to be a citizen of Aspen, and I've always tried my best to be an aware and active participant in civic life. The Space The Roaring Fork Building is located at 415 Hyman Avenue, on the Hyman Avenue mall. Its basement is home to The Mustang Restaurant, and the 1st, 2nd, and 3rd floors are occupied primarily by Morris & Fyrwald/Sotheby's International Realty. The top floor is a private residence owned by Dr.. Bruce Carlson. This building includes an odd 1st -floor atrium that runs from the front of the building to the rear alley, with tall ceilings, skylights, exposed brick beams, wood trusses. The space has served as a catch-all for discarded furniture and old rugs, and has been unused and overlooked for at least the last 8 years. The space is a vital circulation corridor, albeit a very wide one: almost 9 feet across. It accesses the building's only elevator, and is the only access to the first floor restrooms in the rear of the building. Even with these significant limitations it has the makings of an adequate -- if quite small -- gallery space. • • Precedent The Aspen City Council talks often about downtown vitality, the need for a wide variety of retail options, and the desire to promote the creative use of existing spaces without promoting new construction. This proposal fits those criteria like a glove, and seems very consistent with the Aspen Area Community Plan. Under current city code and current interpretation of that code, the creation of new retail space requires affordable housing mitigation payments to be made by the building's owners. This is a reasonable request when such spaces are lockable and secure. This property is not. It has severe limitations (pedestrian corridor, non -secure, limited square footage) and requiring mitigation payments from the building's owners would render the project unfeasible. If required to make mitigation payments, the owners would most likely construct enclosed spaces, and then rent to the types of businesses or brokers that could afford that high cost. The option I've proposed acknowledges those limitations, keeps rent reasonable, and keeps art prices reasonable, too. City Council has set a precedent of exempting mitigation payments based either on the location of the space (retail shops facing the alley) or by the type of use (food vendors in interior atriums.) Indeed, under the recently -enacted Ordinance 9b, The Nugget Gallery space could be used to sell hot dogs, lattes, and pancakes with no mitigation required. Business Plan First and foremost, I'd like to sell my work. If the opportunity or interest arises, I'd consider showing the work of other Roaring Fork Valley artists, but that's not at all imperitive or a priority. Selling any work would involve myself or a representative being on -site at a small desk to process orders, but all other marketing and order-fullfillment would occur in my home office. My clear intent is to promote and sell my own work. I'm open to any reasonable limitations or guarantees regarding hours of operation, even guarantees regarding pricing. I'd like to make a living, not a killing. Signage The Nugget Gallery is an oddball space, and its entrance is no different. While the address of this building is on the Hyman Avenue Mall, the gallery has no mall -facing windows, and is all but invisible to passersbye. From the beginning of this application process 6 months ago, a sandwich board sign was integral to the business plan. Without it, there's no reason to expect any walk-in traffic, or for me to be on -site to greet guests. I understand that the code has changed in the interim, and that the city is interested in reducing signage that only duplicates existing visible storefronts. I think this a different situation, and am happy to tour the site with Council or the Community Development Office to discuss this request. Ultimately, if Council is in favor of the business plan I've proposed and sees some merit in what if offers, then I'm asking that a small sandwich board sign be permitted in order to make that plan viable. November 29, 2010 RECEIVED NO V 3 To Whom it May Concern: 0PR67 We, the owners of 415 East Hyman Avenue (The Roaring Fork Building), were contacted by Ross Kribbs in April of this year. He explained to us his idea to use our first floor corridor/atrium space as a gallery for his fine -art photography, and he offered to pay for the paint and lights necessary to display his work properly. We think it's a great idea, and we welcome the already -rejuvenated look to that part of our building. The owners of this building authorize Mr. Kribbs to act as our representative in his application for a Temporary Use Permit to utilize the space referred to above. We encourage the approval of this permit and we look forward to seeing more artwork on our walls. Mr. Kribbs may be contacted at: Ross Kribbs P.O. Box 8761 Aspen, CO 81612 970-379-5220 ross@nuggetmedia.com Thank you, Ernie Fyrwald, President Roaring Fork Condominium Association c/o F&M Ventures 415 East Hyman Avenue Aspen, CO 81611 970-925-6060 * � R NF0Fi�... AFFIDAVIT OF PUBLIC NOTICE C� /C�,/Tj-� `?0��, F4 REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE COD9�Y/�, ,4, 0 Ol r��Op�ti ADDRESS OF PROPERTY: 9 i S F41s T- 1-7/Y.n,4 AJ ,3 �E ti� E , Aspen, CO SCHEDULED PUBLIC HEARING DATE: 7> EG re,, 5 F 6 '`lf , 200 STATE OF COLORADO ) ) ss. County of Pitkin ) I, I o n s el_ c 0 8 5 (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the day of , 200, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) • Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. a4 Signature The foregoing "Affidavit of Notice" was acknowledged before me this day of No vc,,K be,/ , lee_, by P. Pd-p55 Kri b b S WITNESS MY HAND AND OFFICIAL SEAL PATRICIA D. HUNTER Notary Public My commission expires: State of Colorado C" Notary Public ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL IF WISLIC DATE I/ PLACE PU Rp • — -�� _ fir- b,. nr.,.e.ee W1 7yraee� LZ Lodoe Yn10�� !t r,oenAg— Y. C--AV y` rAuW Gtxnr I.i Hare k. W p _A LcHiL- Study Hare r3 1 h 8 R! wNop*A`agw y 1 1 r' Garden 1sI�-"""•-��+. �ayS, h Fl"�.^�^ YMeekr v`f x7 `� tOpe_ra Hare f wCOpP°r ti S— Oueen I X eo Ur L d90 Lee $ ti �r hE COOPer qVe L' * 40I a: MovtMn House Loge Arrve'e VMwweWt Lodge in Npn Eeaq Hare r E 1 M ._cM..�. f Dura "� Cay Matti 7R ipd .. gfq�e (!lam.,_ A— spen Squerew 7 Y. i eaM Up Ca m we Ch.tsau 81enc H Gnnd—,— a — e MaaeMn ,� Dej^Cf Ec r'ifhelatArpeh FQ''iif,lh —ft / /! = "D F Juan St H �tR.R-«.^.xd• .._1_ / GOOF_ Ave Rslph �0 h AWen ap � Frure 666 8 ls.aen I" Moureah The Ltlr_ Pr . r ( MAXc - ~, Result r .. to f C S� N A,a. Tavrm AN g� Soo y @Dam qw Y N $f v7 C� g Lie I Q 9< N Sna+'A Sf e _ Uti. • 0 MEMORANDUM TO: Mayor Ireland and Aspen City Council FROM: Chris Bendon, Community Development Director Am RE: Work Session — Code amendment to allow businesses to operate in non- commercial spaces of buildings DATE: November 15, 2010 SUMMARY: The City's Land Use Code requires growth management approvals and housing mitigation for the creation of new commercial space. The mitigation is based on "net leasable area" and does not count common hallways, lobbies, emergency stairways, trash enclosures, and similar common areas that are not typically rented to an individual business. Ross Kribbs has requested this work session to discuss an amendment to allow an art gallery to operate in a building's common area. The specific space Mr. Kribbs is interested in is the interior hallway and atrium space of the building where Morris and Fyrwald is located on the Hyman Avenue mall. Attached is the proposal from Mr. Kribbs, including pictures of the space. Merely hanging the pictures with information about the artists does not, in staff s opinion, render the hallway a commercial space. This happens in many spaces around town, restaurants, office lobbies, etc. This could be done without a code amendment. However, the proposal includes the presence and assistance of an employee in the space. This makes the space into a store and requires the space be approved as net leasable area with the associated mitigation. The City exempts certain commercial expansions and operations from housing mitigation in order to achieve certain public policy objectives. Seasonal food carts, for example, are exempted from this requirement. The proposed operation does not qualify for an exemption. The amendment would allow non-commercial areas of buildings to be actively used by a tenant without the normal mitigation requirements. This program could mirror the food cart program. The program could be limited to art galleries and can limit the number or size of the operations. Being more specific may be difficult. An individual cannot apply to amend the Land Use Code without "authorization" from the City Council or the Community Development Director. This ensures code amendment applications are consistent with Council's policy directives. This authorization from City Council most - recently occurred with Peter Fornell. Mr. Fornell obtained authorization to submit a code amendment application from City Council, paid the associated fees, and the code was amended to implement a housing credits program. Authorization to submit an application does no bind City Council; it only allows an application to be considered. Page 1 of 2 9 • QUESTIONS FOR CITY COUNCIL: Should Community Development staff be directed to initiate code amendments to exempt small increases in commercial buildings from affordable housing mitigation? In this case, staff would be the "applicant" and work with Mr. Kribbs to develop language for P&Z and City Council review. No application fees would be assigned to Mr. Kribbs. Should Ross Kribbs be authorized to submit an amendment to the Land Use Code? In this case, Mr. Kribbs would be the applicant. He would propose language or work with staff to develop language. Mr. Kribbs would be billed for staff time associated with the review. (A waiver or partial waiver of fees could be approved by City Council.) Should the amendment allow additional sandwich board signs? The proposal requests the ability to place a sandwich board in the mall. A code amendment could allow or prohibit these signs for this type of business. ATTACHMENT: A — Proposal from Ross Kribbs Page 2 of 2 • 0 MEMORANDUM TO: Mayor Ireland and Aspen City Council FROM: Chris Bendon, Community Development Director Am RE: Work Session — Code amendment to allow businesses to operate in non- commercial spaces of buildings DATE: November 15, 2010 SUMMARY: The City's Land Use Code requires growth management approvals and housing mitigation for the creation of new commercial space. The mitigation is based on "net leasable area" and does not count common hallways, lobbies, emergency stairways, trash enclosures, and similar common areas that are not typically rented to an individual business. Ross Kribbs has requested this work session to discuss an amendment to allow an art gallery to operate in a building's common area. The specific space Mr. Kribbs is interested in is the interior hallway and atrium space of the building where Morris and Fyrwald is located on the Hyman Avenue mall. Attached is the proposal from Mr. Kribbs, including pictureg of the space. Merely hanging the pictures with information about the artists does not, in staff s opinion, render the hallway a commercial space. This happens in many spaces around town, restaurants, office �nhbies, �tt��:.� oi}ld,�bert3one iarithqwt'a'tode din d +te +Mov��uer, the�progpsal inclgde �4e presence andssistar e of an employee in the space. This, makes the spice into a store aria requir��IV§Pace 13e�a rored ash net'IM'� I a wit'h`l i� a�ssbc�i d mit ati�n. The City exempts certain commerc`fA`e'xpAfsions and ol5d(a'tion94 ro4,htusing mitigation in order to achieve certain public policy objectives. Seasonal food carts, for example, are exempted i4f ifrorti tl ;;t'quiltlrneik. Tire pr* d operiSW;1de"w quad * fo�,,iri ex6rrip$ioz7. 1ti The amendment would allobv non-commercial areas of `buitdiTi to`P? vtifef� used by a tenant y ikj%;W pp nqka,41 rn; ag tio4,g4piremenfs,,,4Wprpgj'a j�d mirr� the, fopd cart program. The program could be limited to art galleries and can limit the number or size of the operations. Being more specific may be difficult. • �..,` �,�a �;�r.:. ` �1 • • An individual cannot apply to amend the Land Use!Qodt Witbcwt i`authori2`Alion" from the City Council or the Community Development Director. This ensures code amendment applications are consistent with Council's policy directiyes. This authorization from City !Council most, recently occ&r*&*�witt'-Petelz-F-rnell. olita";ned�fhoriiatid2)"6bmit a roCie�. amendment application from City Council, paid the associated fees, and the code was amended to implement a housing credits program. Authorization to submit anapplication does no, bind City Council; it only al• ws # appliczLli;).4..tb bip-Fpnsideged. - , _ �• Page 1 of 2 0 • QUESTIONS FOR CITY COUNCIL: Should Community Development staff be directed to initiate code amendments to exempt small increases in commercial buildings from affordable housing mitigation? In this case, staff would be the "applicant" and work with Mr. Kribbs to develop language for P&Z and City Council review. No application fees would be assigned to Mr. Kribbs. Should Ross Kribbs be authorized to submit an amendment to the Land Use Code? In this case, Mr. Kribbs would be the applicant. He would propose language or work with staff to develop language. Mr. Kribbs would be billed for staff time associated with the review. (A waiver or partial waiver of fees could be approved by City Council.) Should the amendment allow additional sandwich board signs? The proposal requests the ability to place a sandwich board in the mall. A code amendment could allow or prohibit these signs for this type of business. ATTACHMENT: A — Proposal from Ross Kribbs '�arr� � cr Cody awrc•��--�, oir� a- lu.�`�„�.+ 1'w�s � S�.k . IlUoJ�d vtieed •�v � raw►;�•w•�� a, o� �:Id�s + ar+ �w•d • J&4i wool �cc ►� fte.- qv�. S� CW, -10 1�6 �6- 4eVf L�po 4 --)5C Page 2 of 2 • r;;;04A,Fk � THE NUGGET GALLERY A proposal for use of the 415 East Hyman Atrium Applicant: Ross Kribbs L' Proposal in brief This is a proposal by Aspen resident Ross Kribbs to create a small but functional gallery from a currently under-utilized corridor/atrium space in the Roaring Fork Building on the Hyman Avenue mall. The creation of the gallery, to be promoted as "The Nugget Gallery", would involve no structural changes to the space, and the building's owners are fully and generously supportive of the project. Benefits: No construction or construction traffic. New retail options on a block with 4 empty storefronts. Non-traditional use of space. Lower -cost, high quality local artwork. Later hours. Additional city sales tax revenue. About the applicant I'm an 11-year resident of Aspen and a photographer and graphic designer by trade. I moved to Aspen in 1999 as a staff photographer for the The Aspen Times. Due to economic realities, the majority of my photographic work is now for the real estate industry, but my dream is to make a living by selling images that don't include antler chandeliers. Not that there's anything wrong with them. I've owned a 1-bedroom condominium in Hunter Creek Condominiums for 5 years, and I currently the president of the homeowners' association there. I'm proud to be a citizen of Aspen, and I've always tried my best to be an aware and active participant in civic life. • GENTS 0 0 The Space The Roaring Fork Building is located at 415 Hyman Avenue, on the Hyman Avenue mall. Its basement is home to The Mustang Restaurant, and the 1st, 2nd, and 3rd floors are occupied primarily by Morris & Fyrwald/Sotheby's International Realty. The top floor is a private residence owned by Dr.. Bruce Carlson. This building includes an odd 1st -floor atrium that runs from the front of the building to the rear alley, with tall ceilings, skylights, exposed brick beams, wood trusses. The space has served as a catch-all for discarded furniture and old rugs, and has been unused and overlooked for at least the last 8 years. The space is a vital circulation corridor, albeit a very wide one: almost 9 feet across. It accesses the building's only elevator, and is the only access to the first floor restrooms in the rear of the building. Even with these significant limitations, it has the makings of an ideal -- if quite small -- gallery space. Recognizing this, I contacted the owners of the building and made a simple proposal. I would repaint the space and install track lighting at my cost, if they would remove the existing furniture and permit me to hang and sell my work. Due to the nature of the walls and existing trim, the space I would consider the gallery is about half of that atrium: less than 300 square feet. Track lighting was installed professionally, and, over the course of a few very late nights, the space was painted by myself and a work party of enthusiastic Aspen friends. No demolition or construction took place. And no sales have, either. A business license application was denied by the Community Development Office in June of 2010. However, the response to the new look of the space has been incredible. Quite literally EVERYONE who works in the building and passes through the space has commented on the great new look, and is excited to see the project continue. That neglected portion of the building is now on the verge of become an active and lively spot, with the potential for a little city revenue, too. Removed: 2 worn rugs, 4 large chairs, 2 fake trees, 1 large couch, 1 cocktail table, 1 large coffee table, 1 aging fluorescent light fixture Improved: egress, brightness & natural light, tenant mood B".to, t2 I After lk I 3 - A i6m �� - u The Business Plan The plan is simple, and I'm flexible. I'd like to hang my work in this space, and have myself or a representative be available 4 days per week during high -seasons to sell it. June 15 through Sept 15 & December 15th through April 15th. Thursday thru Sunday, 12-9pm. One person and a laptop is all it would take to process orders. An A -frame sign outside and additional signage on the interior vestibule would be absolute necessities as well. But that's really it. Eventually, I would consider extending my hours, and would consider the possibility of exhibiting the work of others. Security and logistical issues may preclude this, and it is not my intention to create an artists collective. There is not enough space to professionally display the work of more than two artists at a time. It's worth noting the 95%of the business activity (marketing, framing, any online orders, shipping, etc.) would be conducted from my current home office in Hunter Creek Condominiums. At one point, the suggestion was made that I file for a business license as a home office. I'm happy to do so, but I still must be able to market the downtown location and sell work on -site in order for this business to function properly. 0 • Current Work by Ross Kribbs w Precedent The Aspen City Council talks often about downtown vitality, the need for a wide variety of retail options, and the desire to promote the creative use of existing spaces without promoting new construction. This proposal fits those criteria like a glove, and seems very consistent with the Aspen Area Community Plan. Under current city code and current interpretation of that code, the creation of new retail space requires affordable housing mitigation payments to be made by the building's owners. This is a reasonable request when such spaces are versatile, lockable, and secure. This property is not. It has severe limitations (pedestrian corridor, non -secure, limited square footage) and requiring mitigation payments from the building's owners would render the project unfeasible. If required to make mitigation payments, the owners would most likely construct enclosed spaces, and then rent to businesses or brokers that could afford the high cost. The gallery options precludes that necessity and eliminates any construction. City Council has set a precedent of exempting mitigation payments based either on the location of the space (retail shops facing the alley) or by the type of use (food vendors in interior atriums.) Indeed, under the recently -enacted Ordinance 9b, the 415 East Hyman Atrium could be used to sell hot dogs, lattes, and pancakes with no mitigation required. I'm a decent cook, but I'd rather make a living selling my art. I hope we can work together to make this happen. Thanks!! Current Work by Ross Kribbs i,; El