HomeMy WebLinkAboutcoa.lu.gm.221 E Main St.Explore Booksellers.29A-87 (
CASELOAD SUMMARY SHEET
City of Aspen
DATE RECEIVED: 8//8/7 PARCEL ID AND CASE NO.
DATE COMPLETE: a 7.J7 073-6, 9A - 87
STAFF MEMBER: /�
PROJECT NAME: EX Lore - 3Do/\.!/�� S e.11erS � r P EXern • c p CQnSltiona� ase
Project Address: ' CIS % . 4 s •
APPLICANT: / Q - • / .i e •
Applicant Address -/ �. f"2„7,/;, REPRESENTATIVE : / :/ / G 6 Q- 5 :_rp29c 1T)
Representative Address /Phone: G /3, D AS_ ' _/ e76 S- 02693
TYPE OF APPLICATION: C . O I r Merc / / f 9 - 1 9 9 P CXe fah an d iia n ct
PAID: eg NO AMOUNT: V 4 00 P P kz
\ 12-i - T erS
1 STEP APPLICATION: � ac-L-15
Z, \o�u- .I sb�FJr�
P &Z MEETING DATE: 0G-1- 01,,erL PUBLIC HEARING:a NO - v-
Pcpe r
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DATE REFERRED: INITIALS: re..,
STEP APPLICATION:
CC MEETING DATE: PUBLIC HEARING: YES NO
DATE REFERRED: INITIALS:
REFERRALS:
Attorney Mtn. Bell School District
K,..City
City Engineer Parks Dept. Rocky Mtn Nat Gas
Housing Dir. Holy Cross State Hwy Dept(GW)
Aspen Water Fire Marshall State Hwy Dept(GJ)
City Electric Fire Chief Bldg:Zon /Inspect
Envir. Hlth. Roaring Fork Roaring Fork
,., Aspen Consol. Transit Energy Center
S.D. Other
FINAL ROUTING: DATE ROUTED: I1 9 'n 7 INITIALI/
\\'‘, City Atty City Engineer Bldg. Dept.
Other:
FILE STATUS AND LOCATION:
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Case Load Summary sheet for the Explore Booksellers Growth
Management Quota System Exemption of a change in use and a
conditional use modification Planner- Glenn Horn
The City Planning and zoning commission reviewed the application
at their regular meeting on October 6, 1987 and approved the
applicants request to change the residential unit in the Book-
store to retail space. The Planning and Zoning commission also
approved the applicants request to add approximately 144 square
feet of office /storage space to the back of the store. The
conditional use modification was approved and the applicant was
granted a special review to reduce the parking requirement from 9
parking spaces to 7.
MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Glenn Horn, Assistant Planning Director
RE: Explore Booksellers Growth Management Quota System
Exemption for a Change in Use and Conditional Use
Modification Review
DATE: October 6, 1987
BACKGROUND
APPLICANT: Katherine Thalberg
APPLICANT'S REPRESENTATIVE: Michael Gassman
LOCATION: Explore Booksellers 221 East Main Street, Aspen
ZONING: 0 (Office) H (Historic Overlay)
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PARCEL SIZE: 6,000 Square feet / k $$'"''���t - Vrpr
SPA? % LTA
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BUILDING SIZE: 3,806 Square feet T Z� ` e r or � � Se
APP 'S PROPOSAL: The applicant is seeking appr. a' for two
mi or chan es to an existing, historically designate., 'notable"
structure.
1. Add 144 square feet of office storage space.
2. Convert an existing 650 square foot one- bedroom free -
market apartment to retail commercial space.
PERTINENT MUNICIPAL CODE SECTIONS: The applicants request has
been reviewed according to the following three sections of the
Municipal Code.
1. Modification of a conditional use, Section 24- 3.3(c)-
Since a bookstore is a conditional use in the 0
(Office) zone district the code requires the appli-
cant's proposal to be reviewed to insure its compati-
bility with neighboring uses.
2. Change in Use from residential space to commercial
space, Section 24 -11 (j) - The code permits the change
in use from residential to commercial space subject to
the analysis of impacts by the Planning and Zoning
Commission (P &Z).
i
4IP
3. Exemption form the allotment procedures of the Growth
Management Quota System for a minor addition, Section
24 -11.2 (h) - The code permits the Planning Director
and Building Inspector to approve minor additions to
existing commercial uses subject to their review.
REFERRAL COMMENTS:
1) City Engineer - The City Engineering Department has no
problems with the applicant's proposal. They view the
proposal as having negligible impacts on water, sewer,
drainage, fire protection and traffic circulation (see
attachment 1).
2) Historical Preservation Committee - The proposal is
subject to review by the Historical Preservation
Committee.
3) Public Comments - Attached for your consideration are
several letters from the general public.
PLANNING OFFICE COMMENTS
Attachments 2 and 3 depict drawings of the proposed addition.
The Planning Director has administratively approved the request
for a commercial GMQS exemption to add approximately 144 square
feet of commercial /storage space to the south side of the
structure on the alley.
The criteria for the modification of a conditional use (section
24- 3.3(c) are addressed below.
CRITERIA - Whether the proposal creates negative impacts on
pedestrian and vehicular circulation, parking,or noise.
REVIEW - The proposal will not impact pedestrian and vehicular
circulation, or noise. Presently, the bookstore and apartment
have seven off - street parking spaces. The 0 (Office) zone calls
for three parking spaces per 1,000 square feet of retail space.
By special review, the P &Z may reduce the parking requirement but
there are required to be at least 1.5 parking spaces per 1,000
square feet. Therefore, the Code requires between 5 and 12
parking spaces for the proposed land use. The applicant proposes
changing one parking spot presently used for the one - bedroom
apartment to parking for the converted retail space. The
incremental parking impacts from the addition of 650 square feet
of commercial space could be mitigated if the P &Z grants a
special review parking reduction.
CRITERIA - Whether the proposal will impact tourist or local
orientation, character of the neighborhood employee base retail
2
square footage in the structure.
REVIEW - Presently, the structure is approximately 3,800 square
feet in size. The space in the building is allocated as shown in
Table 1.
Table 1
Existing Space Allocation
Areas Square Feet
Retail Space 2,640
Apartment 650
Storage /Office 510
The applicant proposes an addition to the office of 144 square
feet and changing the apartment to retail space. The proposal is
intended to display books and serve pastries and liquid refresh-
ments in the new retail space.
Explore's customers are both local and tourist but according to
the applicant, the emphasis is on local customers. The fact that
the store is open 365 days per year and that hours are the same
in the off - season as the tourist season attest to the local
orientation of the bookstore.
CRITERIA - Whether the proposal substantially alters the external
appearance.
REVIEW - As depicted in attachments 2 and 3 the alteration will
not have significant visual impacts particularly because the
structural modification is being made on the side of the
building facing the ally.
The criteria for the GMQS exemption for a change in use (section
24- 11.2(j) are addressed below.
CRITERIA - Whether the proposal has a negative impact on employee
housing, parking, traffic, water sewer needs, fire and police
protection, drainage, or any government services.
REVIEW - The proposal will have negligible impacts in all of the
areas listed above with perhaps the exception of employee
housing. Presently, the space proposed for the change in use is a
small, free - market apartment. It is possible that an employee of
the community has lived in the apartment and will be displaced by
the change in use. However, since the apartment is a free - market
unit and not a deed restricted employee unit, the applicant has
the right to house anyone at whatever rate the market will bear.
Therefore, this cannot be considered an employee unit, regardless
3
of its occupancy.
PL2NNING OFFICE RECOMMENDATION
Based upon our review of the application and the pertinent
sections of the Municipal Code, the Planning Office recommends
approval of the applicants requests for a GMQS exemption for a
change in use to permit the conversion of a residential dwelling
unit to commercial /retail space, a modification of a conditional
use to permit a 144 square foot expansion and special review
approval to vary the parking requirement fronfffl parking spaces
to 7. Additionally the following conditions are proposed.
1� Prior to the issuance of a building permit the appli-
cant sha :'n th- -.. - .1 from t.- Histori
Preservation Comm. -e.
The applicant shall abide by all representations made
within the application submitted to the Planning Office
on August 17, 1987 including the drawings depicted in
attachments 2 and 3 of this memorandum.
By transmittal of this memorandum to the P &Z, the Planning
Director, Alan Richman, also grants the applicant a commercial
GMQS exemption to construct an addition to the subject property
of approximately 144 square feet subject to the representations
made in attachments 2 and 3.
8(
/ Imo l '
Gassman /gh I C
4
Growth Management Quota System
Exemption
And
Conditional Use Modification and Expansion
Application
Explore Booksellers
221 East Main Street
Aspen, Colorado
Page 2
Explore Booksellers
Growth Management Quota System
Exemption and
Conditional Use Modification and Expansion Application
August 17, 1987
9 SUBMITTED TO:
I?
Aspen Planning Department
130 South Galena Street
Aspen, Colorado 81611
303 - 925 -2020
OWNER /APPLICANT:
Katharine Thalberg
Explore Booksellers
221 East Main Street
Aspen, Colorado 81611
303- 925 -5336
ARCHITECT:
Michael Gassman
Box 740
Aspen, Colorado 81612
TABLE OF CONTENTS
1. Summary of Application Page 4
2. Discussion of Application Page 5 & 6
3. Applicable Sections of the Land Use Code Page 7 & 8
4. Discussion of Review Criteria Page 9 - 22
5. Conclusion Page 23
Page 4.
1. SUMMARY OF APPLICATION
Explore Booksellers is seeking approval to make
two minor changes to its building:
1. Add 180 square feet of office and storage space.
2. Convert an existing 650 square foot one - bedroom
free - market apartment to retail commercial
(bookstore) use. -
Explore is located at 221 East Main Street. It is
zoned 0 office and subject to a historic overlay.
Explore was the first project to make use of the
historic overlay provisions of the Code in 1977 and
as such was subject to extremely detailed review.
It was established in another location in 1975 and
has operated continually with the same local ownership,
Katharine Thalberg, since then.
Retail commercial is a conditional use in the
office zone.
Explore is abutted on each side by other retail
commercial uses.
Page 5
2. DISCUSSION OF THE APPLICATION
1. Office and Storage Space Addition
The existing office and storage space in the book-
store is inadequate for the volume of business and
quality of service provided by the store. The existing
office and storage space of 510 square feet allows
space for only 3 cramped desks for a staff of 7.
Because of inadequate storage space for books, the
office space is also used for storage; further
compromising its efficiency.
Explore presently needs to add one more person to
its staff but cannot because of lack of space.
The proposed addition will enclose the space under
an existing deck on the southwest corner of the building.
It will be virtually invisible to any but the most
determined viewer. It will not be visible from either
of the public rights of way adjoining it, Main Street
or the alley of Block 74, because of its location on the
building and because of a cedar fence and extensive
mature landscaping on the alley. Even if it could be
seen, it would have very little effect on the
appearance of the building.
Approval of the HPC is required for this addition
and is being sought in a separate, concurrent application.
Page 6
2. Change in Use from Residential to Retail Commercial
Explore proposes to convert an existing one - bedroom
free - market apartment on the second floor of the
building to retail space.
Access will be by a new door at the top of the
existing indoor stairway.
Books will be displayed in this space and the
complimentary coffee and tea service now located in
the bay window on Main Street will be relocated to it.
There will be several tables and chairs and fresh
pastries prepared by Rebecca's will be sold. There will y�
be no food preparation in the Explore building. /yv
This addition will provide an ambiance and improvement
in service which is increasingly common in larger more
civilized cities but is still lacking in Aspen.
It is important to keep in mind that this additional
service will be very much a part of the bookstore
operation and not a new restaurant -type business. It
will be operated with the same bookstore staff and will
use the existing cash register system.
It is solely to provide an amenity to the store's
clientele: a place to relax, look at books and have
a cup of coffee or a snack without the pressure to
vacate the table for the next hungry diner.
The new space will also be made available without
charge for use by literary or similar groups.
The space vacated by the coffee, tea, art books, etc.,
will be used for expanded magazine display.
A
Page 7
3. APPLICABLE SECTIONS OF THE LAND USE CODE
Amazingly enough this application requires review
under 3 sections of the land use code.
1. Section 24 -11.2 (h) Exemption from the
allotment procedures of the Growth Management
Quota System to allow the addition of 180 square
feet of office and storage space to an existing
building.
Explore is seeking approval under the
provision of Section 24.11.2 (h) which allows
an expansion of less than 250 square feet which
is "accessory to or incidental to the principal
use" to be approved jointly by the planning
director and the chief building inspector.
2. Section 24 -11 -2 (j)
Exemption from the allotment procedure of the
Growth Management Quota System to allow a
change in use within an existing building from
residential to retail commercial.
3. 24.3.3 (c)
Modification and expansion of a conditional use
to allow the addition of 180 square feet of
Page 8
office and storage space, and the change in use
from residential to retail commercial described
above.
Page 9
4. DISCUSSSION OF REVIEW CRITERIA
1. SECTION 24 -11.2 (h): GMQS EXEMPTION FOR EXPANSION
OF AN EXISTING COMMERCIAL USE OF LESS THAN
250 SQUARE FEET.
Although the Code provides that small expansions
(less than 250 square feet) may be approved by
staff if they are "accessory to or incidental
to the principal use "; for the sake of
completeness it may be appropriate to discuss the
review criteria that would apply to a larger
expansion.
Such an expansion may be exempted from the
GMQS if it is shown that it will have
"minimal or manageable impact upon the community
and can be justified by the benefit which will
accrue to the community."
Explore submits that an expansion of 180
square feet of office and storage space will
have not only "minimal or manageable impact ",
but no impact whatsoever.
on the other hand substantil benefits will
"accrue to the community" if it is approved.
Explore provides a valuable and unique
service to the community; a full- service store
Page 10
with personal service by people who know about
books and an extensive inventory of a very
large variety of books, not just the current best
sellers.
This type of personal bookstore, dedicated
to literature and culture is becoming increasingly
scarce all over the country because of increasing
competition from chains and mass merchandisers
peddling the newest fad. A good bookstore, like
Explore should probably be regarded more as a
non - profit cultural institution like ballet,
music or art, than as a retail commercial
enterprise like a t -shirt shop.
Explore's customers are both local and
tourist, but emphasis has always been put on
serving the local reader. There are no on and
off season hours; they are the same all year.
Explore is open 365 days a year. There is no
seasonal staff: the same staff, which is large
by industry standards , is available all year.
In addition to its strong local support,
Explore is sought out in it's non -mall non -
tourist oriented location by an increasing
number of visitors. The fact is, good bookstores
are getting very hard to find.
The proposed additions are necessary to
respond to this existing customer demand.
Page 11
They will allow Explore to expand its hours
into more evenings, and add an additional
employee, but more than that, they will add
a valuable amenity to the store and to the
community.
The review criteria suggested by the Code
are as follow:
1. Employees and Employee Housing
Explore currently needs one additional
full time employee, to meet existing demand.
But as noted above, office space is already
very cramped and inefficient. This expansion
will allow the store to function more
efficiently and to provide improved service
to the community.
It is hard to comprehend the wisdom of
a community forcing a business to operate
inefficiently while that same community is
demanding, by its patronage, expanded levels of
service. There is certainly more benefit to
the community from a full- service bookstore
with a large staff than from a K -Mart type
bookstore with virtually no staff at all.
•
Page 12
2. Parking
Explore provides 7 parking spaces on site.
No parking would be required for a bookstore
in a commercial zone and only 3 spaces would be
required if the total office space (existing
plus proposed addition) were considered as
a principal use and not as it exists: an
accessory to the principal use.
In any event this minimal expansion of
storage and office space will have no effect
on the parking demand.
3. Visual Impact on the Neighborhood
The proposed addition will enclose the space
under an existing deck on the southwest corner
of the building.
The change in the appearance of the building
will be negligible, probably an improvement,
and in any case invisible due to the existing
mature landscaping, and an opaque, but attractive,
cedar fence on the alley.
4. Demand on Services
The proposed expansion will create no new
demand on public services such as water,
sewer, roads, drainage or fire protection.
Page 13
The expansion will be entirely office and
storage space and will contain no new bathrooms
or cooking facilities.
Page 14
2. SECTION 24.11.2 (j): GMQS EXEMPTION FOR A
CHANGE IN USE OF AN EXISTING STRUCTURE.
A change in use can be approved if it can
be demonstrated that the change will result
in "negligible growth impacts on the community ".
Explore contends that the proposed change
from residential to retail commercial is at
least a wash, that retail commercial is no
more growth inducing than residential, and
that the change will possibly constitute a
net growth reduction.
While it is not exactly crystal - clear, and
thus subject to some debate, it is certainly
likely that growth demands and impacts are
caused by housing (whether free-market or
employee) and not by commercial , office,
service, or other non - residential construction.
With the exception of a summer tourist
driving through town on his way to some place
else (clearly not the mainstay of the Explore's
clientele) every customer of Explore needs a
place to live either temporarily (tourist) or
permanently (local).
Impacts on public services and utilities,
and the environment are caused by the
Page 15
addition of places to live and the resultant
increase in population, not by the minor
conversion of use proposed here.
Explore's usefulness to the community as
expressed by its increased patronage and success
is an effect of the type of community we have
all created, not a cause. As previously
noted it is clearly a community benefit to
have a bookstore of Explore's caliber.
The slight expansion of commercial space
proposed in this application cannot possibly
have any effect on services or utilities, but
the removal of an existing free - market housing
unit must represent a decrease (admittedly very
slight) in the demand for services and therefore
a reduction in the rate of growth.
Be that as it may, the review criteria
outlined in the Code are as follow:
1. Employee Housing
As discussed above, Explore currently needs
an additional employee to help provide improved
service, but does not have the space.
The addition of expanded coffee and pastry
service will be an improvement in the quality
of service at Explore. It will allow people the
time and comfort to look at the books and make
Page 16
informed, intelligent choices. It is an amenity
that is being used in other first -class bookstores
throughout the country for similar reasons.
Explore naturally hopes that the change will
have a positive effect on sales, but equally as
important is the effect it will have on people's
feelings and perceptions of the store.
Since the existing apartment is a free - market
unit, its removal will have no effect on the
employee housing pool, and as noted above will
have a beneficial effect on growth demand.
2. Parking
The Code requires 1 parking space for the
existing one bedroom apartment, but none for
a bookstore in a commercial zone, and 1 or 2
for a bookstore in an office zone. So depanding
on one's point of view there is somewhere from
a gain of 1 parking space to a loss of 1 parking
space. If 1 additional parking is needed,
Explore presently has excess parking
available.
3. Traffic
The effect of this change on traffic in
general, one way or the other, has to be so
slight as to easily qualify as "negligible ".
oak "Mk
Page 17
Since Explore is close to the commercial
core and does not rely much on drive -in
business there may be less traffic as
commercial space than residential, but who
knows? In any case it is not a measurable
effect.
4. Demand in Services
Since a residential unit is being removed,
and as noted above demand for services is
created by residents, not books, the net demand
for services will decrease because of this change.
Services upon which this conversion will place
reduced demand enumerated in the Code are water,
sewer, fire and police, drainage, road demands
and governmental services.
Page 18
3. SECTION 24 -3.3 (c): MODIFICATION AND EXPANSION
OF A CONDITIONAL USE.
The proposed expansion (addition of office
and storage space) and modification (change from
residential to commercial space) require
approval.
The review criteria parallel and overlap
those for the GMQS exception to some extent
and most have therefore already been noted,
but to be complete they will each be discussed
again.
Explore believes that the proposed changes
are not substantial and may be approved by the
planning director without planning commission
review.
The review criteria which must be met in
order for a modification and expansion to be
considered "not substantial" are as follow:
1. The Change in the Operation of a Conditional
Use is "Minor"
Both the changes proposed in the
existing use are minor. The expansion of
office and storage space represents no change
at all in the way Explore operates, it merely
Page 19
will allow it to function a little more
efficiently, and the expansion of commercial
space will be used for the same purposes as
presently; the display of books and serving
or coffee. The addition of tables and chairs
and the sale of pastries if a "change in
the operating of a conditional use" at
all is certainly a "minor" change.
2. "Changes which will not cause negative
impacts on pedestrian and vehicular traffic
circulation.
As discussed above, it is entirely
likely that the changes proposed will
result in a positive impact on traffic
circulation, but even if they don't,
negative impacts will be "minor ".
3. "Changes which do not substantially affect the
tourist or local orientation of the conditional
use ".
Page 20
It's hard to see how the proposed changes
will have any effect on the tourist /local
orientation of Explore at all.
Explore's customers are people who love
books and literature. They are both local and
tourist. The proposed changes will improve
Explore's service to book lovers, but cannot
possibly have any effect on the distribution
or either group.
4. "Changes which do not affect the character of
the neighborhood."
The neighborhood could be characterized
as mixed commercial /residential. Although
it is zoned office, there is little office
space nearby; while there are other bookstores,
coffee houses, various other retail commercial
buildings and residences.
Explore is abutted on both sides by
commercial use. As a matter of fact, since
the entire half -block of which Explore is a
part is occupied by commercial uses,
one would question the wisdom of its Office
zoning designation.
4 *
Page 21
The proposed changes will have no
effect on the character of the neighborhood.
If the "neighborhood" is assumed to be
the entire city of Aspen, as it is for the
purposes of liquor license considerations,
the effect of the proposed changes will
be even less.
5. "Changes which do not increase the use's
employee base or the retail square footage
in the structure."
The effect of proposed changes on Explore's
employee base has been discussed.
The changes will expand the retail square
footage by converting the existing apartment
to retail space, but will add no additional
retail space to the structure. The only
expansion of the building will be used for
office and storage.
As previously noted this change will
have a beneficial impact on both the operation
of the bookstore and the surrounding
community.
Page 23
5. CONCLUSION
This application meets or easily exceeds the relevent
requirements of the land use code and should be approved.
Its approval will result in an improvement in the
quality of service of Explore Booksellers with no negative
impacts on the community.
The benefits to the community, which are substantial,
far exceed the costs, which are none.
Page 22
The intent of the expansion is only to
allow the development of services presently
offered by the store and to allow the
provision of additional services desired
by the store's customers. Can that be bad?
6. "Changes which do not substantially alter
the external visual appearance of the
building or its site."
The proposed changes are mostly internal.
The external changes as previously noted are
extremely small and will not even be
noticed by 99 out of 100 people. Even
if they could see them, which they can't
because of their location, existing
landscaping, and the oft - mentioned beautiful
cedar fence.
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MEMORANDUM
TO: TOM SMITH JAY HAMMOND
FROM: GLEN HORN, ASSISTANT PLANNING DIRECTOR
DATE: AUGUST 24, 1987
RE: EXPLORE BOOKSELLERS CONDITIONAL USE
REVIEW /GMP EXEMPTION
Attached please find an application submitted by Michael Gassman
on behalf of his client Katherine Thulberg, requesting a change
in a conditional use and a GMP exemption for a change in use.
The property is located a 221 East Main Street.
Please review this application, and send comments to me by
September 22, 1987. Please let me know if there are any
problems.
Thanks.
CASELOAD SUMMARY SHEET
City of Aspen
DATE RECEIVED: 8/18fr7 PARCEL ID AND CASE NO.
DATE COMPLETE: x 737- O73-a 9i9 -87
STAFF MEMBER:
• I • i oo. s e. erS Ca ' E. ' ni• • s 6 ale_
PROJECT NAME: S.�' •
Project Address: A+'
APPLICANT: /' / • / e
Applicant Address: o7a-/
REPRESENTATIVE: At A ! • 6QSf S .2‘9.5" Representative Address /Phone: AO. B, y 0 's� .s 3
TYPE OF APPLICATION: COm,Jercitz/ rGmp &en ahcei'onJ 4
>� c T Pkz
PAID: NO AMOUNT: �90• Q
dw-i s bCaD .e
1 STEP APPLICATION: z St n 1,0d0-•- tS`0e
P &Z MEETING DATE: C9c-roVje" PUBLIC HEARING: NO -;, er
nonce
DATE REFERRED: INITIALS: cc :r e '�
STEP APPLICATION:
CC MEETING DATE: PUBLIC HEARING: YES NO
DATE REFERRED: INITIALS:
REFERRALS:
K .City Attorney Mtn. Bell School District
City Engineer Parks Dept. Rocky Mtn Nat Gas
Housing Dir. Holy Cross State Hwy Dept(GW)
Aspen Water Fire Marshall State Hwy Dept(GJ)
City Electric Fire Chief Bldg:Zon /Inspect
Envir. Hlth. Roaring Fork Roaring Fork
Aspen Consol. Transit Energy Center
S.D. Other
FINAL ROUTING: DATE ROUTED: INITIAL:
City Atty City Engineer Bldg. Dept.
Other:
FILE STATUS AND LOCATION:
` /PITRIN PLANNING OFFICE -
130 S. Galena Street
Aspen, CO 81611
(303) 925 -2020
Date: / x ``� �e 1 (9 '61
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RE: c-x etOre rlootzsailzcs Re -:cam
Dear CA tcAgue-i
This is to inform you that the Planning Office has completed its
preliminary review of the captioned application. We have determined
that your application IS NOT complete.
Additional items required include:
Disclosure of Ownership (one copy only needed)
Adjacent Property Owners List /Envelopes /Postage (one copy)
Additional copies of entire application
Authorization by owner for representative to submit applica-
tion
Response to list of items (attached /below) demonstrating
compliance with the applicable policies and regulations of the
Code, or other specific materials
A check in the amount of $
'" A. Your applicat is complete and we have scheduled it for
review by the rIK^h; - 2 - o" ^yCs=... w.;u•.on We will
call you if we need any additional information prior to that
date. Several days prior to your hearing, we will call and
make available a copy of the memorandum.. Please note that it
IS NOT your responsibility to post your property with a
sign, which we can provide you for a $3.00 fee.
B. Your application is incomplete, we have not scheduled it
review at this time. When we receive the materials we have
requested, we will place you on the next available agenda.
If you have any questions, please call G\eflrr morn
the planner assigned to your case.
Sincerely,
ASPEN /PITRIN PLANNING OFFICE
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MEMORANDUM
To: Glen Horn, Planning Office
(
From: Elyse Elliott, Engineering Department >
Date: August 28, 1987
Re: Explore Booksellers Conditional Use Review /GMP Exemption
The Engineering Department has no problem with this application,
we view this to have negligible impact on water, sewer, drainage,
fire protection and traffic circulation.
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Aspen Writers' Conference if; L
23 August 1987 up -
Aspen /Pitkin Planning Department
130 South Galena
Aspen, Coloarado 81611
Members of the Planning and Review Committee:
On behalf of the Aspen Writers' Conference and many other groups
who have benefitted from Explore Booksellers' community spiritedness,
I'm writing in support of Katharine Thalberg's plan to expand and re-
model Explore's base of operations in order to better serve Aspen's
residents and visitors,with increased space for attractive activities.
Few other businesses in this come - and -go town have such a solid and
viable record of succeeding with integrity as essential, community- oriented
enterprises. It is for this reason that I, my board, and my staff members
encourage you not only to allow, but to expedite by all rightful means,
Katharine's modest and reasonable construction proposal.
Thank you for your attention.
Resp ctfully
Karen Chamberlain, Director
and the Board and Staff of AWC
Drawer 7726, Aspen, Colorado 81612 -7726
303/925 -3122
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WALTER H. GANZ Post Office Box 1g9g • Aspen, Colorado 81612 • 3 -7
August 31, 1987
Pitkin County Planning and
Zoning Commission
County Courthouse
506 E. Main
Aspen, Colorado 81611
To the Members of the Planning and Zoning Commission:
This is a letter of behalf of Explore Booksellers and
Katherine Thalberg who, I understand, have applied for
permission to open a coffee and food serving facility
on the second floor of the building now occupied on Main
Street by Explore Booksellers.
As a longtime customer of Explore Booksellers, I am fairly
familiar with the conduct of the bookselling operation
and the present, limited service of tea and coffee.
As you probably know, customers like to come in and browse
and, perhaps, sit for a while with a book and refreshments.
This is a wonderful institution and an asset to Aspen's
atmosphere. I am sure that the expansion of the second
floor would not basically change the nature of the business
and that we are dealing here primarily with a bookstore and
not a new restaurant operation.
I hope you will see your way to granting the necessary
authorization so that Ms. Thalberg can proceed with her plans.
Sincerely yours,
Walter Ganz
cc: Katherine Thalberg
( 1
aspen
community
& institute
committee
PO Box 11719, Aspen, Colorado 81612, 303/925 -2041
S? 3
August 31, 1987
Pitkin County Planning and Zoning Commission
County Courthouse
506 East Main
Aspen, Colorado 81611
Dear Members:
Explore Books has for many years served as an important source of
reading materials and registration point for members of the Aspen
Community & Institute Committee and the participants in seminars
sponsored by the Committee.
We have developed a close relationship with the bookstore and with
its owner, Katherine Thalberg, and we are impressed with the
responsible manner in which she conducts her business.
On behalf of our members, I wish to support Ms. Thalberg's
application to extend her present service of refreshments from
the first floor to the second floor so that her customers can
browse and enjoy the atmosphere of the store more fully. We do
not think that the new use would essentially change the present
nature and conduct of Explore Booksellers, and we hope that you
will give every consideration to supporting the applicant's
request.
Sincerely,
Al Myers
Vice Chairperson
cc: Katherine Thalberg
Al Myers
1
A G E N D A
ASPEN PLANNING AND ZONING COMMISSION
October 6, 1987 - Tuesday
5:00 P.M.
City Council Chambers
1st Floor
City Hall
REGULAR MEETING
I. COMMENTS
Commissioners
Planning Staff
II. MINUTES
August 18, 1987
III. NEW BUSINESS
A. Lee Stream Margin Review
IV. PUBLIC HEARING
A. Explore Booksellers GMP Exemption and Conditional Use
B. Revisions to Residential Zone District Regulations
V. ADJOURN MEETING
A.COV
MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Nancy Caeti, Planning Office
RE: Your Next Agendas
DATE: Oct. 1, 1987
Following is your schedule through the end of October:
October 13 - Work Session - Annexation Plan Element
October 20 - Regular Meeting - Mun. Code Amendment: Office zone
Church /Day Care Center, Goodman Stream Margin Review and FAR Code
Amendments (con't)
October 27 - Complete work on FAR Amendments (if necessary)
Nothing yet has been scheduled for November, but you can expect a
heavy workload because we will be starting the adoption of the revised
Land Use Regulations.
A.NEXT
MESSAGE DISPLAY
Bill Drueding
From: Carolyn Hardin
Postmark: Oct 29,90 9:08 AM
Status: Previously read
Subject: Explore
Message:
FYI -- Explore is applying for a full service liquor license. Hearing
is scheduled for Nov. 12.
X
Jti28to
MEMORANDUM
TO: Paul Taddune, City Attorney
FROM: Bill Drueding, Zoning Officer 0
DATE: June 28, 1988
RE: Explorer Booksellers
221 E. Main
You requested that I investigate any possible zoning
violations at the above property. My investigation revealed that
Explorer Booksellers; located in the Office Zoning Category, went
through a GMP exemption and Conditional Use Review in August,
1987. They received P & Z approval to add 180 square feet of
office and storage space and to operate a "coffee house ". They
would serve beverages and pastries to their patrons. Case #29A-
87.
On June 27, 1987 at 11:30 a.m., accompanied by Building
Official, Jim Wilson, I went to the above address. Located on
the second level was a "coffee house ". There were. about 5
tables, one waitress, and a limited menu of coffees, teas, soups,
salads and pastries.
I spoke with Katherine Thalberg advising her that you
requested I look into the situation. She further explained the
operation to me. There is not any _food preparation on site. The
operation does not fit the new definition of a restaurant as
described in the Zoning definitions.
Although salads and soups were not mentioned in the August,
1987 application, I do not feel this additional fare changes the
substance or intent of approval and thus I feel there is no
zoning infraction at Explorer Booksellers.
According to Jim Wilson, the new activity may have some
building code issues. Wilson is dealing with Katherine Thalberg
on these issues.
Advise me if you want further action.
BD /tw
cc: Alan Richman
Glen Horn
CIT t VSPEN
130 •: 't' t,i - F.;t reet
asp r. tk
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November 22, 1988
Katherine Thalberg
EXPLORE BOOKSELLERS AND COFFEEHOUSE
221 East Main Street
Aspen, CO 81611
Hand Delivered
Dear Katherine,
It has been brought to my attention (by way of your advertisement
in the November 12, Times Daily) that you intend to serve food
and beverages for a "Thanksgiving Feast ". The record of your
conditional use permit indicates that you received approval to
serve liquid refreshments and pastries. Apparently, the Zoning
Department later expanded the interpretation of that approval to
include soups and salads.
It appears that your meal as proposed, violates the conditions of
your approval. I do not wish to cause you a major inconvenience
at this late date. Be assured that the City will not take any
action at this time. I would like to warn you, however, that any
future food service beyond the approved beverages, pastries,
soups and salads may result in your being cited for violation of
your Conditional Use permit.
If you desire to expand your approved food service, I suggest
that you contact the Planning Department at 920 -5090 regarding
the procedures necessary to modify the conditions of your
Conditional Use permit. If you have any questions, please call
me at 920 -5090.
Sincerely,
; /
Francis Krizmanich
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PUBLIC NOTICE
RE: EXPLORE BOOKSELLERS GMP EXEMPTION AND CONDITIONAL USE
NOTICE IS HEREBY GIVEN that a public hearing will be held on
Tuesday, October 6, 1987, at a meeting to be held at 5:00 P.M.
before the Aspen Planning and Zoning Commission, in the City
Council Chambers, on the first floor of City Hall, 130 S. Galena
Street, Aspen, Colorado, to consider an application from Explore
Booksellers to alter the use of a conditional use in the O- Office
Zone District and a GMP exemption request to change an existing
residential unit to office /storage space. The applicants
property is located at 221 E. Main Street, Aspen, Colorado.
For further information contact the Aspen /Pitkin Planning
Office, 130 S. Galena Street, Aspen, Colorado 81611, (303) 925-
2020, ext. 298.
s/c Welton Anderson
Chairman, Aspen Planning and
Zoning Commission
MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Glenn Horn, Assistant Planning Director
RE: Explore Booksellers Growth Management Quota System
Exemption for a Change in Use and Conditional Use
Modification Review
DATE: October 6, 1987
BACKGROUND
APPLICANT: Katherine Thalberg
APPLICANT'S REPRESENTATIVE: Michael Gassman
LOCATION: Explore Booksellers 221 East Main Street, Aspen
ZONING: 0 (Office) H (Historic Overlay)
PARCEL SIZE: 6,000 Square feet
BUILDING SIZE: 3,806 Square feet
APPLICANT'S PROPOSAL: The applicant is seeking approval for two
minor changes to an existing, historically designated, "notable"
structure.
1. Add 144 square feet of office storage space.
2. Convert an existing 650 square foot one - bedroom free -
market apartment to retail commercial space.
PERTINENT MUNICIPAL CODE SECTIONS: The applicants request has
been reviewed according to the following three sections of the
Municipal Code.
1. Modification of a conditional use, Section 24- 3.3(c)-
Since a bookstore is a conditional use in the 0
(Office) zone district the code requires the appli-
cant's proposal to be reviewed to insure its compati-
bility with neighboring uses.
2. Change in Use from residential space to commercial
space, Section 24 -11 (j)- The code permits the change
in use from residential to commercial space subject to
the analysis of impacts by the Planning and Zoning
Commission (P &Z).
3. Exemption form the allotment procedures of the Growth
Management Quota System for a minor addition, Section
24 -11.2 (h) - The code permits the Planning Director
and Building Inspector to approve minor additions to
existing commercial uses subject to their review.
REFERRAL COMMENTS:
1) City Engineer - The City Engineering Department has no
problems with the applicant's proposal. They view the
proposal as having negligible impacts on water, sewer,
drainage, fire protection and traffic circulation (see
attachment 1).
2) Historical Preservation Committee - The proposal is
subject to review by the Historical Preservation
Committee.
3) Public Comments - Attached for your consideration are
several letters from the general public.
PLANNING OFFICE COMMENTS
Attachments 2 and 3 depict drawings of the proposed addition.
The Planning Director has administratively approved the request
for a commercial GMQS exemption to add approximately 144 square
feet of commercial /storage space to the south side of the
structure on the alley.
The criteria for the modification of a conditional use (section
24- 3.3(c) are addressed below.
CRITERIA - Whether the proposal creates negative impacts on
pedestrian and vehicular circulation, parking,or noise.
REVIEW - The proposal will not impact pedestrian and vehicular
circulation, or noise. Presently, the bookstore and apartment
have seven off - street parking spaces. The 0 (Office) zone calls
for three parking spaces per 1,000 square feet of retail space.
By special review, the P &Z may reduce the parking requirement but
there are required to be at least 1.5 parking spaces per 1,000
square feet. Therefore, the Code requires between 5 and 12
parking spaces for the proposed land use. The applicant proposes
changing one parking spot presently used for the one - bedroom
apartment to parking for the converted retail space. The
incremental parking impacts from the addition of 650 square feet
of commercial space could be mitigated if the P &Z grants a
special review parking reduction.
CRITERIA - Whether the proposal will impact tourist or local
orientation, character of the neighborhood employee base retail
2
square footage in the structure.
REVIEW - Presently, the structure is approximately 3,800 square
feet in size. The space in the building is allocated as shown in
Table 1.
Table 1
Existing Space Allocation
Areas Square Feet
Retail Space 2,640
Apartment 650
Storage /Office 510
The applicant proposes an addition to the office of 144 square
feet and changing the apartment to retail space. The proposal is
intended to display books and serve pastries and -
ments in the new retail space.
Explore's customers are both local and tourist but according to
the applicant, the emphasis is on local customers. The fact that
the store is open 365 days per year and that hours are the same
in the off - season as the tourist season attest to the local
orientation of the bookstore.
CRITERIA - Whether the proposal substantially alters the external
appearance.
REVIEW - As depicted in attachments 2 and 3 the alteration will
not have significant visual impacts particularly because the
structural modification is being made on the side of the
building facing the ally.
The criteria for the GMQS exemption for a change in use (section
24- 11.2(j) are addressed below.
CRITERIA - Whether the proposal has a negative impact on employee
housing, parking, traffic, water sewer needs, fire and police
protection, drainage, or any government services.
REVIEW - The proposal will have negligible impacts in all of the
areas listed above with perhaps the exception of employee
housing. Presently, the space proposed for the change in use is a
small, free - market apartment. It is possible that an employee of
the community has lived in the apartment and will be displaced by
the change in use. However, since the apartment is a free - market
unit and not a deed restricted employee unit, the applicant has
the right to house anyone at whatever rate the market will bear.
Therefore, this cannot be considered an employee unit, regardless
3
of its occupancy.
PLANNING OFFICE RECOMMENDATION
Based upon our review of the application and the pertinent
sections of the Municipal Code, the Planning Office recommends
approval of the applicants requests for a GMQS exemption for a
change in use to permit the conversion of a residential dwelling
unit to commercial /retail space, a modification of a conditional
use to permit a 144 square foot expansion and special review
approval to vary the parking requirement from 12 parking spaces
to 7. Additionally the following conditions are proposed.
1. Prior to the issuance of a building permit the appli-
cant shall obtain the approval from the Historical
Preservation Committee.
2. The applicant shall abide by all representations made
within the application submitted to the Planning Office
on August 17, 1987 including the drawings depicted in
attachments 2 and 3 of this memorandum.
By transmittal of this memorandum to the P &Z, the Planning
Director, Alan Richman, also grants the applicant a commercial
GMQS exemption to construct an addition to the subject property
of approximately 144 square feet subject to the representations
made in attachments 2 and 3.
Gassman /gh
4
,.-r chr+ler\ #
MEMORANDUM
To: Glen Horn, Planning Office
From: Elyse Elliott, Engineering Department 2
Date: August 28, 1987
Re: Explore Booksellers Conditional Use Review /GMP Exemption
The Engineering Department has no problem with this application,
we view this to have negligible impact on water, sewer, drainage,
fire protection and traffic circulation.
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Aspen Writers' Conference , AUG 2 7 1987
23 August 1987 1 __.
Aspen /Pitkin Planning Department
130 South Galena
Aspen, Coloarado 81611
Members of the Planning and Review Committee:
On behalf of the Aspen Writers' Conference and many other groups
who have benefitted from Explore Booksellers' community spiritedness,
I'm writing in support of Katharine Thalberg's plan to expand and re-
model Explore's base of operations in order to better serve Aspen's
residents and visitors,with increased space for attractive activities.
Few other businesses in this come - and -go town have such a solid and
viable record of succeeding with integrity as essential, community- oriented
enterprises. It is for this reason that I, my board, and my staff members
encourage you not only to allow, but to expedite by all rightful means,
Katharine's modest and reasonable construction proposal.
Thank you for your attention.
Resp ctfully
4.eni6p
Karen Chamberlain, Director
and the Board and Staff of AWC
Drawer 7726, Aspen, Colorado 81612 -7726
303/925 -3122
WALTER H. GANZ Post Office Box 1 999 • Aspen, Colorado 81612 • 3
SE- 3
August 31, 1987
Pitkin County Planning and
Zoning Commission
County Courthouse
506 E. Main
Aspen, Colorado 81611
To the Members of the Planning and Zoning Commission:
This is a letter of behalf of Explore Booksellers and
Katherine Thalberg who, I understand, have applied for
permission to open a coffee and food serving facility
on the second floor of the building now occupied on Main
Street by Explore Booksellers.
As a longtime customer of Explore Booksellers, I am fairly
familiar with the conduct of the bookselling operation
and the present, limited service of tea and coffee.
As you probably know, customers like to come in and browse
and, perhaps, sit for a while with a book and refreshments.
This is a wonderful institution and an asset to Aspen's
atmosphere. I am sure that the expansion of the second
floor would not basically change the nature of the business
and that we are dealing here primarily with a bookstore and
not a new restaurant operation.
I hope you will see your way to granting the necessary
authorization so that Ms. Thalberg can proceed with her plans.
Sincerely yours,
AP
Walter Ganz •
cc: Katherine Thalberg
aspen
community
& institute
committee
PO Box 11719, Aspen, Colorado 81612, 303/925 -2041
SEP 3
August 31, 1987
Pitkin County Planning and Zoning Commission
County Courthouse
506 East Vain
Aspen, Colorado 81611
Dear Members:
Explore Books has for many years served as an important source of
reading materials and registration point for members of the Aspen
Community & Institute Committee and the participants in seminars
sponsored by the Committee.
We have developed a close relationship with the bookstore and with
its owner, Katherine Thalberg, and we are impressed with the
responsible manner in which she conducts her business.
On behalf of our members, I wish to support Ms. Thalberg's
application to extend her present service of refreshments from
the first floor to the second floor so that her customers can
browse and enjoy the atmosphere of the store more fully. We do
not think that the new use would essentially change the present
nature and conduct of Explore Booksellers, and we hope that you
will give every consideration to supporting the applicant's
request.
Sincerely,
i
Al Myers It
Vice Chairperson
cc: Katherine Thalberg
Al Myers
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OWNERSHIP AND ENCL..,BRANCE REPORT 2553AB $100.00
Made F Michat:l Ga ssman
STEWART TITLE OF ASPEN, INC.
HEREBY CERTIFIES from a search of the books in this office that the owner of
Lot,:; 0 and E
Block 74
CITY AND 'ioWNS1'I'F: OF ASPEN
Situated in the County of Pitkin, State of Colorado, appears to be vested in the name of
Kat.heri.ne 'I'Ra'.I. bur q
and that the above described property appears to be subject to the following:
None
EXCEPT all easements, right -of -ways, restrictions and reservations of record.
EXCEPT any and all unpaid taxes and assessments.
This report does not reflect any of the following matters:
1) Bankruptcies which, from date of adjudication of the most recent bankruptcies, antedate the report
by more than fourteen (14) years.
2) Suits and judgments which, from date of entry, antedate the report by more than seven (7) years or
until the governing statute of limitations has expired, whichever is the longer period.
3) Unpaid tax liens which, from date of payment, antedate the report by more than seven (7) years.
Although we believe the facts stated are true, this Certificate is not to be construed as an abstract of title,
nor an opinion of title, nor a guaranty of title, and it is understood and agreed that Stewart Title of Aspen,
Inc., neither assumes, nor will be charged with any financial obligation or liability whatever on any state-
ment contained herein.
Dated at Aspen, Colorado, this 0Gth day of Atiqu .5 L A.D. 19 at 8:00 A.M.
STEWART TITLE OF ASPEN, INC.
BY 4 %Q
Authorized Signature
1.y
r X 99
BOOK ecfLILL1 3
221 East Main Aspen, Colorado 81611 303/925 -5336
18 August 1987
Planning Office
City of Aspen
130 South Galena
Aspen, Colorado 81611
To the Planning Office:
This letter is to inform you that Michael Gassman is the architect working
with me on some proposed minor changes to Explore Booksellers, and that
Michael is fully authorized to act on my behalf in this matter, submitting
applications and seeking approvals and in any other business related to
this project.
Thank you for your consideration.
Y. s truly,
Katharine Thalberg