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Home My WebLink Aboutcoa.lu.gm.210 W main - King Louise Apts.A79-95KING LOUISE APTS. GMQS EXEMPTION 2735-124-40-009 A79-95 Aspen/Pitkin Community Development Department 130 South Galena Street Aspen, Colorado 81611 (303) 920-5090 City Land Use Application Fees: 00113-63850-041 Deposit -63855-042 Flat Fee -63860-043 HPC -63875-046 Zoning & Sign Pernut - NMO11 Use Tar County Land Use Application Fees: 00113-63800-033 Deposit -63805-034 Flat Fee -63820-037 Zoning -63825-038 Board of Adjustment Referral Fees: 00113-63810-035 00115-63340-163 00123-63340-190 00125-63340-205 Sales: 00113-63830-039 -69000-145 County Engineer City Engineer Housing Enviromental Health County Code Copy Fees Other /f "Iotal� /K �O d Name:_ Address: Case No: " Phone: No. of Copies �� CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: 6 1 a5 . PARCEL ID AND CASE NO. DATE COMPLETE: c 2735-124-40-009 A79-95 STAFF MEMBER: ILL PROJECT NAME: KING LOUISE APTS. GM S EXEMPTION �� Project Address: 210 W. MAIN STREET ASPEN Legal Address: BLOCK 5 LOTS P & Q APPLICANT: TED AND SUSANN GUY Applicant Address: P.O. BOX 1467 BASALT 81621 REPRESENTATIVE: SAME Representative Address/Phone: 927-3167 Aspen, CO 81611 -------------------------------------------------------------- ------------------------- FEES: PLANNING $ 1040 # APPS RECEIVED 1 ENGINEER $ # PLATS RECEIVED 7 HOUSING $ ENV. HEALTH $ TOTAL $ 1040 TYPE OF APPLICATION: STAFF APPROVAL: 1 STEP: XX 2 STEP: P&Z Meeting DateAQ< PUBLIC HEARING: YES VESTED RIGHTS: YES NO CC Meeting Date DRC Meeting Date PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO REFERRALS: City Attorney Parks Dept. School District City Engineer Bldg Inspector Rocky Mtn NatGas Housing Dir. Fire Marshal CDOT Aspen Water Holy Cross Clean Air Board City Electric Mtn. Bell Open Space Board Envir.Hlth. ACSD Other Zoning Energy Center Other DATE REFERRED: , Z- INITIALS: DUE: FINAL ROUTING: -------------------- DATE ROUTED: INITIAL: - City Atty City Engineer Zoning Env. Health Housing Open Space Other: FILE STATUS AND LOCATION: A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING GROWTH MANAGEMENT EXEMPTION FOR A CHANGE IN USE FOR UNIT 7 OF THE RING LOUISE APARTMENTS LOCATED AT 210 W. MAIN STREET (LOTS P AND O, BLOCK 5) CITY AND TOWNSITE OF ASPEN, COLORADO. Resolution No. 95-- WHEREAS, the Ted and Susan Guy submitted an application to the Planning Office to change the use of Unit 7 from residential use to commercial use in order to operate a hair salon; and WHEREAS, the applicant proposed to deed restrict for affordable housing Unit 8 within the same apartment building as part of the change in use request; and WHEREAS, the proposal was reviewed by the Engineering Department and the Housing Office and referral comments were forwarded to the Planning Office; and WHEREAS, Planning staff reviewed the request and referral comments and recommended approval with conditions of the GMQS Exemption for change in use pursuant to Section 24-8-104 B(b); and WHEREAS, on August 8, 1.995, the Planning and Zoning Commission reviewed the proposal and staff recommendations and voted unanimously to approve the request with conditions. NOW, THEREFORE BE IT RESOLVED by the Commission that :it does hereby approve GMQS Exemption for change in use for Unit 7 of the King Louise Apartments from a primarily residential use to a mixed commercial/residential use with the following conditions: 1. This change in use only applies to one 457 square foot residential dwelling unit (unit 7) at 210 W. Main Street. 2. In order to mitigate the increased employees for the change in use, prior to the issuance of any building permits, the applit ant shall file a deed restriction with the Aspen Pitkin County HaF,,ing Office for unit #8, restricting the unit to category 1 sales and rental guidelines. 3. The applicant shall adhere to all representations made in the application and at the public hearing. 4.The parking spaces in the alley shall be renumbered or reorganized to allow the commercial apartment parking in what is now spaces 1 and 8. APPROVED by the Commission at their regular meeting on August 8, 1995. ow ATTEST: Jan Ca ey, Deputy City Clerk ASPEN PLANNING AND ZONING COMMISSION Bruce Kerr, Chairman 1) Project Name �`�,JG Wl.t + ' �+ 1 �VC�N�► I(� 2) Project Location ( indicate street address, lot & block camber, legal description where appropriate) 3) Present Zoning �� 4) Lot Size 5) Applicant I s Name, Address & Phone # 6) Representative's Name, Address &Phone #T� fn�z tf:)C� Pkol �1o 811o21 CVL 1- 3lCo � 7) Type of Application (please check all that apply): Conditional Use Conceptual SPA Mush. Historic Dev. Special Review Final SPA Final Historic Dev. 8040 Greenline Conceptual RM Minor Historic Dev. Stream Margin Final PUD Historic Dcmolition Main View Plane Subdivision Historic Designation nmi nitnni zationl T Xt/M3p Amendment GAS Allotment Lot Split/rot Line motion Adjustment 8) Description of EMIt i ng Uses (number and type of existing- nQ struct lreS ; appraadmate sq. ft. ; rnmber of bedrooms; any previous approvals granted to the property) - ?� (WT 8 A'S G-�Ta 10) Have you attached the following - Response to Attachment 2, minimum Submission Contents Response to Attadmient 3, Specific Submission Contents 1< Response to Attadment 4, Review Standards for Your Application GMQS EXEMPTION BY COMMISSION Application Package Contents Attached is a Development Application package for submission of your application. Included in this package are the following attachments: 1. Application Form 2. Description of Minimum Contents of Development Application 3. Description of Specific Contents for Submission of your Application 4. Copy of Review Standards for Your Application 5. Public Hearing Notice Requirements Summary 6. General Summary of Your Application Process Generally, to submit a complete application, you should fill in the application form and attach to it that written and mapped information identified in Attachments 2 and 3. Please note that all applications require responses to the review standards for that particular development type. The standards for your application are listed in Attachment 4. You can determine if your application requires that public notice be given by reviewing Attachment 5. Table 1 of that attachment will tell you whether or not your application requires notice and the form the notice should take. Your responsibilities in this regard are summarized in the cover explanation to the table. We strongly encourage all applicants to hold a pre -application conference with a Planning Office staff person so that the requirements for submitting a complete application can be fully described to you. Please also recognize that 'review of these materials does not substitute for a complete review of the Aspen Land Use Regulations. While this application package attempts to summarize the key provisions of the Code as they apply to your type of development, it cannot possibly replicate the detail or the scope of the Code. If you have questions which are not answered by the materials in this package, we suggest that you contact the staff member assigned to your case or consult the applicable sections of the Aspen Land Use Regulations. appcover [18i �'4/ PT;5 14: 00 13 THEDDLi�'E F: uU`r' rSSCIC Pr4(7E 02 -e . I March 1"S Mr. Theodore K. Guy, Manager King Lowise Apartowts 220 W. Main Street Aspen, CO 91611 MAR T 1"5 OFiE K QUY ASS I FS P.tin ACrw. . PrTrrnr Re: Haircutting Occupation in the Office 4one Dear Mr. Guy: PL.ANNINC be ZONING DEPAXTMENT COMMUNITY DEVELOPMENT DEPARTMENT I am responding to your letter with respect to the establishment of an haircutting occupation in the Office Zone.- You mention several approaches w permitting this activity. First of all, you ask it it can be tstablished under the provisions for "home occupation." The definition for "home occupation" Spepfically excludes barber shop and beauty parlor as tome. occupations (Section 3-101, Home OccuRWaM6 puv4pWh "L"). However, included with the tilt of permitted uses for the Office Zone is "Professional Business Offices." Professional and business off -ices are defined in the Land Use Code as uses where "services are made available to the public." The distinction between a business and a professional office seems to hinge on licensing and the provision of products inddmW to the provision of services. While haircutting or barbering are not specifically mentioned in these definitions, -there would appear to be no reason to exclude them as permitted activities. I would therefore conclude that, subject to a land use application and arty other requirements'of the Land Use Code, Susannrs Haircutting could be established as a permitted use at 220 W. Main Swe& You also mention in your letter the concept of an "accessory use." I believe the establishment of a haircutting arse is satisfied as a permitted use; The con —pt of an accessory use 'ig not applicable in this oaat�ct. Fleaw let me know if I may provide any further information or assistance. Very truly yours, Slan Clausen, AICP Cmununity Development Director City, of Aspen cc: Ltsiie :Lamont, Deputy Planning Director Williarn Drueding, Zoning Enforcement Offim 130 9ouyH GAuuA STREET . AsreN, CCILOILAnO 81611 . Nom 303.920.5090 • FAx 303-9,20-5197 nn,amie�wr�oe AIREer FAx LIKE: 303.920,5439 ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT 130 S. Galena Street Aspen, Colorado 81611 (970) 920-5090 FAX# (970) 920-5439 June 29, 1995 Ted & Susann Guy Box 1467 Basalt, CO 81621 Re: King Louise Apartments GMQS Exemption for Change in Use Case A79-95 Dear Ted & Susann, I mistakenly informed you in my letter of June 28, 1995, that the Planning Commission would review this application on Tuesday, August 1, 1995. The correct date of the meeting is Tuesday, August 8, 1995. Please note this correction, and contact me at 920-5093 if you have any questions. Sincerely, Su=e L. Wolff Administrative Assistant apz.ph ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 Phone (970) 920-5090 FAX (970) 920-5439 MEMORANDUM TO: City Engineer Housing Director FROM: Leslie Lamont, Planner RE: King Louise Apartments GMQS Exemption for Change in Use Parcel ID No. 2735-124-40-009 DATE: June 28, 1995 Attached for your review and comments is an application submitted by Ted and Susann Guy. Please return your comments to me no later than July 17. Thank you. ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT 130 S. Galena Street Aspen, Colorado 81611 (970) 920-5090 FAX# (970) 920-5439 June 28, 1995 Ted & Susann Guy Box 1467 Basalt, CO 81621 Re: King Louise Apartments GMQS Exemption for Change in Use Case A79-95 Dear Ted & Susann, The Community Development Department has completed its preliminary review of the captioned application. We have determined that this application is complete. We have scheduled this application for review by the Aspen Planning and Zoning Commission at a Public Hearing to be held on Tuesday, August 1, 1995 at a meeting to begin at 4:30 p.m. Should this date be inconvenient for you please contact me within 3 working days of the date of this letter. After that the agenda date will be considered final and changes to the schedule or tabling of the application will only be allowed for unavoidable technical problems. The Friday before the meeting date, we will call to inform you that a copy of the memo pertaining to the application is available at the Community Development Department. Please note that it is your responsibility to mail notice to property owners within 300' and to post the subject property with a sign at least ten (10) days prior to the public hearing. Please submit a photograph of the posted sign as proof of posting and an affidavit as proof of mailing prior to the public hearing. If you have any questions, please call Leslie Lamont, the planner assigned to your case, at 920- 5101. Sincerely, Suzanne L. Wolff Administrative Assistant apz.ph IAu SCHEDULE A -OWNER'S POLICY CASE NUMBER DATE OF POLICY AMOUNT OF INSURANCE POLICY NUMBER PCT-8342C2 02/07/94 @ 12:33 P.M. $ 606,250.00 0112-222153 1. NAME OF INSURED: KING LOUISE, LLC., A COLORADO LIMITED LIABILITY COMPANY 2. THE ESTATE OR INTEREST IN THE LAND IIEREIN AND WHICH IS COVERED BY THIS POLICY ISt IN FEE SIMPLE 3. THE ESTATE OR INTEREST REFERRED TO IIEREIN IS AT DATE OF POLICY VESTED IN: KING LOUISE, LLC., A COLORADO LIMITED LIABILITY COMPANY 4. THE LAND REFERRED TO IN THIS POLICY IS DESCRIBED AS FOLLOWS: LOTS P AND Q, BLOCK 51, CITY AND TOWNSITE OF ASPEN. COUNTY OF PITKIN, STATE OF COLORADO. PITKIN COUNTY TITLE, INC. 601 E. HOPKINS AVE. ASPEN, COLORADO 81611 (303) 925-1766 THE POLICY NUMBER SHOWN ON THIS SCHEDULE MUST AGREE WITH THE PREPRINTED NUMBER ON THE COVER SHEET. SCHEDULE B-OWNERS CASE NUMBER DATE OF POLICY POLICY NUMBER PCT-8342C2 02/07/94 @ 12:33 P.M. 0112-222153 THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE BY REASON OF THE FOLLOWING: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. '3. Discrepancies, conflicts in boundary lines, shortage in area, enchroachments, any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Water rights, claims or title to water. 6. Taxes for the year 1994 not yet due or payable. 7. Reservations and exceptions as set forth in the Deed from the City of Aspen recorded in Book 59 at Page 12 providing as follows: "That no title shall be hereby acquired to any mine of gold, silver, cinnabar or copper or to any valid mining claim or possession held under existing laws". 8. Terms, conditions, provisions, obligations and all matters as set forth in Ordinance No. 60, Series of 1976 by City of Aspen recorded in Book 321 at Page 51. 9. Deed of Trust from : King Louise LLC To the Public Trustee of the County of Pitkin For the use of : Pitkin County Bank & Trust Company To secure : $454,000.00 Dated : February 2, 1994 Recorded : February 7, 1994 in Book 741 at Page 027 Reception No. : 366622 Assignment of Rents and Leases given in connection with the above Deed of Trust recorded February 7, 1994 in Book 741 at Page 029. EXCEPTIONS NUMBERED NONE ARE HEREBY OMITTED. W City of Aspen Pre -Application Conference Summary Project ! � Z Applicants Representative Representative's Phone _ Owner's Name 'Type of Applicalim Description of the proje ment being f SZ anner Dafte The' applicant has been requested to respond to the followin,(gf iittemps and provide tl � reports: �K.dt r.S s Q�p Q�.� -' �1 U ��-►�a.'� .wnrl I Ice 01fle Sect ion Loll mellls Referral Agencies C-1 (,-(- 7 following The review is: (P&Z only) (CC onl�) (P&Z and CC) Public Hearing: (yes) (no) Deposit for the Application Review: Referral agency nit fees: 'IOTA L DEPOSIT (Additional hours are bi a at a rate of G /,r.) To Apply Submit the Following Information: L Proof of ownership. 2. Signed fce agreement. 3. Applican('s name, address and telephone number in a letter signed by the applicant which also stales the name, address and tole )hone number of the represenlative. R. 'Dotal deposit for review of the application__ 5. copies of the complete application packet imaps. G. Summary letter explaining the request (existing conditions and proposed uses), including street address and legal description of the property. 7. An 8 1/2" by I I" vicinity map localing the parcel within the City of Aspen. 8. Site plan shall include property boundaries, lot sire, proposed access, and physical features (drainageways, streams, rivers, etc.) 9. i0. These items need to be submitted if circled: a. List of adiacent property owners within 300 feet of the subject property with addresses. b. Site phol0s. C. Proof of legal access to the parcel. d. Historic Preservation Commission review/approval. Ilj I , w HALLAM ST. I r I EmEm 0N,0 " I I I SLEEKER ST, � � o CA LL H o I I Hi ��I! MAIN 1ST_ L L�i W 1 4 0 0 W 3 0 0 W 1 }200W IL i 1 ■-------------�lr.i----. i HOPKINS — AVEr--% R-6 = �ig:li; I I 1 1 � 1 I `� � r uli! i IC^ VICANIT( MAP Alley Flan North n 1/6" = 1' - O" 5u5ann'5 Haircutting 51,10p and Residence 155ued printed checked date e 7-� e qu I--, a, C � r -, mr Architectural Salvage and De5ign Nx 1467 Da5alt. CO T621 (97O) 927-,�92 King Loui5e Apartments 210 We5t Main 5t Aspen CO of new door North Elevation - Fropo5cj O llb = 1r _ 011 West Elevation - Fropo5cd CM1/8"= I'-0'' i55lied printed chccked Jar, E,/i5t Elevation - Existing Ca�1/6"=T-0„ fh rig nrchitocl;ural 5alvagc and Deign U�ox 14 67 13a5alt, CO 51621 (970) 927-M92 t:udio apt tting Shop Su5ann'5 Haircutting Shop and Rc5idcnce King Louise Apartments 210 Wc5t Main 5t Aspen, CO 5hrct 2 of j— — — — — — — — — — — — — — — — — — — — — — — — — — I I ' 3(� new bath k relocate. exist bath fixtures rn 0 6: 24 66 I I .......... ........................................ .... .....I..... ..................................' .......... .....I..... new airloc entry chair 0 counter w/ 5tor chair i55tted printed checked Jate reglaze with 5/8 in5ul J. new comb air remove existing 5toragecloSeC J [3ath and bookcase existing showe. 5howc ,irk, and ' ....; toilet —� �• ....................... new hair I I new built in wash Sink t t bed unit - 1 1 exi5tingkit I I I I to remain I I 1 I I I I I I I I existing 50ewalk to remain Fp Architectural 5AIvage, and Design [fox 1467 fla5alt. CO 81621 (970) 927-3892 i, Studio existing 5tair5 5u5jnn15 Ha rcu-t-ting Shop and Residence King f oui5e Apartments 210 West Main 5t Aspen CO Sheet of MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Leslie Lamont, Deputy Director DATE: August 8, 1995 RE: King Louise Apartments - GMQS Exemption for a Change in Use SUMMARY: The applicant seeks a GMQS Exemption for a change in use from residential to office/commercial space. The Planning Department recommends approval of the GMQS Exemption. APPLICANT: Ted and Susann Guy LOCATION: 210 W. Main Street ZONING: Office APPLICANT'S REQUEST: The applicants request a change in use from residential to office/commercial space. The business aspect of the space will operate during normal working hours, monday-friday and the residential characteristic of the unit will be maintained for week -end and evening use. The applicants also propose to deed restrict an approximately 284 square foot studio unit to category 1 as mitigation for the change in use. PROJECT DESCRIPTION: According to the application, the property contains eight studio apartments in two structures. Apartment 1- 6 are in the building facing Main Street and were built in the 60's. Units 7 & 8 are located behind on the alley and were built in the early 60's. Susann proposes to move her hair salon to unit 7. The unit will remain a residential unit as the salon will operate only during business hours. The applicant originally proposed an interpretation that the salon should be considered an accessory use and not a change in use. However, staff believes that the change of use more accurately reflects the primary use of unit 7. In addition, the Community Development Director has interpreted that the hair salon is an allowed use in the office zone district. STAFF COMMENTS: A. Change in Use - Pursuant to Section 24-8-104 B(b) of the Municipal Code, the Commission may grant a GMQS Exemption for a change in use provided that it can be demonstrated that the change in use will have minimal impact upon the city. A determination of minimal impact shall require a demonstration that a minimal number of additional employees will be generated by the change in use and that employee housing will be provided for the additional employees generated; that a minimal amount of additional parking space will be demanded by the change in use and that parking will be provided; that there will be minimal visual impact on the neighborhood from the change in use; and that minimal demand will be placed on the city's public facilities from the change in use. RESPONSE: The addition of the hair salon, which will be operated during regular business hours, will have minimal impact to the City and to the surrounding business. The converted residential unit is located off of the alley in a seperate building which is behind the structure on Main Street. The Engineering Department has determined that existing on -site and off -site parking is sufficient for the proposed use. The Housing Office reviewed the change in use. The additional employees that are generated are less than 1 employee. The applicants propose to deed restrict an adjacent unit to category 1. Although the square footage of the unit to be deed restricted is less than the Housing Guidelines requires, the Housing Office will accept the unit because the mitigation required is less than 1 employee and an existing unit is being restricted and added to the Housing inventory. RECOMMENDATION: Staff recommends approval of the change in use from residential to office/commercial in the 457 square foot residential space at 210 West Main Street with the following conditions: 1. This change in use only applies to one 457 square foot residential dwelling unit (unit 7) at 210 W. Main Street. 2. In order to mitigate the increased employees for the change in use, prior to the issuance of any building permits, the applicant shall file a deed restriction with the Aspen Pitkin County Housing Office for unit #8, restricting the unit to category 1 sales and rental guidelines. 3. The applicant shall adhere to all representations made in the application and at the public hearing. RECOMMENDED MOTION: "I move to grant a GMQS Exemption for the change in use of one 457 square foot dwelling unit (unit 7) from a primary residential use to a mixed commercial/residential use." Exhibits 1. Referral Comments 2. Application 2- AJG 03 L33:17F'M ASMA r+)USING GFC P.1 EXHIBIT A TO: Leslie Lamont, Community Development FROM: Cindy Christensen, Housing Office DATES August 3, 1995 RE: King Louise Apartments GMQS Exemption for Change in Use Parcel ID No. 2735-124-40-009 I S E: The applicant is requesting to deed restrict a 284 square foot studio unit to Category 1 rental housing so long as the office use would continue in Unit 7. BA.CKOROZTND: The unit to be deed restricted is smaller than the minimum square footage listed in the 1995 Aspen/Pitkin, County Guidelines. A studio unit is classified as housing 1.25 residents. The applicant would have to mitigate for less than 1 employee per the calculations that you and I came up with. Therefore, the size of the unit is acceptable. RECOMMEIM,&T2dN: The Housing Office recommends approval of Unit 8 being deed restricted to Category 1 rental housing. Tt is our understanding that this is a studio unit that contains a bathroom and kitchen, which kitchen shall Contain a minimum of a two -burner stove with oven, standard sink and a place for a 6-cubic foot refrigerator plus freezer. The applicant must sign and record a deed restriction for this particular unit upon approval. MEMORANDUM To: Leslie Lamont, Planning Office From: Chuck Roth, Engineering Department C`F- Date: July 18, 1995 Re: King Louise Apartments GMQS Exemption for Change in Use (210 West Main Street; Lots P & Q, Block 51, Original Aspen Townsite) Having reviewed the above referenced application, and having made a site inspection, the Engineering Department has the following comments: 1. Dumpster - The dumpster is currently located on private property and not in the alley, but it is not shown on the application plans. 2. Site Drainage - One of the considerations of a development application for conditional use is that there are adequate public facilities to service the use. One public facility that is inadequate is the City street storm drainage system. The new development plan must provide for no more than historic flows to leave the site. Any increase to historic storm run-off must be maintained on site. 3. Parking - The application does not discuss parking although the drawings show parking spaces. The site visit revealed that the indicated parking spaces are not being used for parking. Some of the indicated spaces are property that is being used by The Willows of Aspen Flowers. Also, the dumpster is located on what is shown as a parking space. The change in use would generate more parking needs, however the on site and on -street parking should be able to handle the needs. 5. Utilities - Any new surface utility needs for pedestals or other equipment must be installed on an easement provided by the applicant and not in the public right-of-way. 6. Work in the Public Right-of-way - Given the continuous problems of unapproved work and development in public rights -of -way adjacent to private property, we advise the applicant as - follows: The applicant shall consult city engineering (920-5088) for design considerations of development within public rights -of -way, parks department (920-5120) for vegetation species, and shall obtain permits for any work or development, including landscaping, within public rights -of -way from city streets department (920-5130). cc: Cris Caruso, Ted & Susann Guy M95.168 • EXHIBIT B June 1, 1995 Leslie Lamont Aspen/Pitkin County Community Development 130 South Galena Aspen, CO 81611 Re: 210 W. Main Street, Change of Use Dear Leslie, Enclosed is our Application for Change of Use for Apt. 7 of the King Louise Apartments from residential to office. The property is Lots P & Q, Block 51 of the original Aspen town site. The property has eight studio apartments in two structures. Apartments 1-6 in the structure facing Main Street were built in the late 60's. Apartments 7 & 8 were built in the early 60's and are located near the alley. We propose to use Apt. 7 as a residence during evenings and weekends and for cutting hair during business hours Monday thru Friday. This will be for our personal use only. We will deed restrict Unit 8 as category 1 rental housing, so long as the office use continues in Unit 7. We wish to condition this deed restriction so that once the office use stops in Unit 7, the deed restriction in Unit 8 can be released. Unit 7 contains 457 SF, 93 SF was added this year, 364 SF has existed since the 60's. Unit 8 contains 284 SF. The interior improvements and airlock addition have been proposed under separate permits this year. This unit will be used as an apartment regardless of the outcome of this application. Please consider whether hair cutting within the office zone can be an accessory use without the need for a Change of Use Application and Deed Restriction on an adjacent unit.. The proposed change will have minimal impact on the city. Susann's hair cutting business is more than 10 years old, and Susann and I have lived in the community for more than 20 years, 22 years respectively. Leslie Lamont June 1, 1995 Re: 210 W. Main Street, Change of Use Page Two We hope we can be placed on the July 18th Planning Commission agenda. Please call if you have any questions. Sincerely, Theodore K. Guy TKG/bd Enclosures 7 PLANNING & ZONING COMMISSION AUGUST 8, 1995 stated, that needs to be changed to read something else, regarding the bonus, the bonus allowed would be currently available to the parent parcel shall be available to the two lots, but not that each shall be available. Garton stated, I think I'll call the motion, and then, perhaps, there has been some direction given, and we'll see this one more time, maybe within an hour. Hunt stated, I'll go with that. KING LOUISE APARTMENTS GMOS EXEMPTION FOR A CHANGE IN USE Leslie Lamont of staff presented stating, the proposal is to convert an existing studio apartment in the office zone district to a commercial/office use. Change in use in the code allows us to go from residential category to commercial retail office category to lodge. Change in use does not look at changes within the commercial category, that's kind of side -lined, this has nothing to do with that, but people get confused, and they think because someone is going to make a restaurant into an office, they need to do a change in use. But, this is an existing studio apartment that is being converted to a commercial retail use, commercial/office retail use. Retail is not allowed in the office zone district. As part of their mitigation requirements, they are proposing to deed restrict another existing studio unit on site to category one. Now, the unit they are proposing to deed restrict does not meet our current guidelines with the size of the units, however, when we did the calculation of what and when mitigation was required, Cindy Christensen and I figured that the requirement was something like .07 employees. So, we felt that since this was an existing unit, and we had the opportunity to put an existing free market unit on our housing enventory, and that the mitigation itself was less than one person, one employee, that we felt that it was appropriate and acceptable to accept this unit into our housing enventory. It is being proposed to be deed restricted to category one, which is our lowest rental in sales restrictions. Lamont stated, the applicant, in his application, appealed to staff's interpretation of the code, thinking that since the business will only operate Monday through Friday during business hours, and that they will maintain the unit as a unit, they will not be eliminating the kitchen or the bathroom, and it could be a unit during the weekend or the evenings for their own personal use. They, at first, did not think that this was change in use, however, we wanted to keep this very clean, and because business goes in 27 Y i PLANNING & ZONING COMMISSION AUGUST 8, 1995 there and if they needed an eventual change of just full line business, and it was not used as a residential unit, then we have achieved our employee migigation requirements. Garton asked, does the applicant have anything to add? Ted Guy, the applicant, stated, we agree with the conditions and restrictions outlined in the memorandum. The deed restriction that has been presented to us by the Housing Authority does allow us, if we terminate the commercial use of this Unit #7, to apply to the Housing Authority to remove the deed restriction on Unit #8, since it is no longer required. So, we have no problems with staff s recommendations. Mooney stated, can't you buy it back from the person? Guy replied, it is only a rental. Lamont stated, my understanding is that deed restrictions ultimately have to be lifted, but they have to be lifted by Council. Garton stated, so, we wouldn't see it, then? Lamont stated, typically, the way we catch people going from residential to commercial is through their business licenses or if C they are not pulling a building permit to eliminate a kitchen or do significant renovation in the building; it's through a business license which goes through our zoning office that we catch somebody and say you have to come through our change in use process. Garton asked, does it go through Stan or something? Lamont answered, no, Bill calls the person on the license and says, you need to go through a change in use, or with your business you are not allowed in that zone district, or things like that. That's why all our business licenses go through Bill Drueding and that is where we would typically catch a change in use. Hunt stated, sort of a quick question here, are there any other units that are deed restricted in this complex? Guy answered, no. Hunt stated, my only problem, not a major problem, but I guess it has to do with the business aspect; how do you figure out that the hair salon is all the way back around this question mark (referring to drawings)? It shows the existing walk, but that existing walk is shaded by a lot of foliage in that little corner. W-1 PLANNING & ZONING COMMISSION AUGUST 8, 1995 Guy answered, we are going to be improving the side yard on the west. We have several handicapped clients who follow this location, so they will come in either from the alley and be able to come in from the street. We will, basically, plant lilac hedges and turn that into a very nice yard. Now, if we had to put a sign or something out there, we would have to go through whatever sign code requirements you have and address them. Hunt stated, I assume you have one or two parking spaces in the alley for this unit and are the parking spaces numbered for the actual apartments? Guy stated, well, we suggested that what we would do is to double parking on the side. A condition for the addition was that one of those spaces be deleted, and I think that Chuck Roth felt that there was enough on street parking in the area to cover the occasional use. There are eight legitimate studio apartments at this time, but there are only seven parking spaces. Hunt stated, in other words, the seven across the back? Guy stated, so, we are improving the parking situation and will park our employee car in the parking right next to the door to #8. Hunt stated, but that is a double park space, and I don't recall you have access. C Guy replied, yes, it is a double park space and we will park there and our customers will be allowed to park on the alley. The person who is the deed restricted occupant in Unit #8 does not own a car. Hunt asked, would you plan on, in affect, re -designating these spaces, assuming that, let's say, #7 and #8 are on the end here, and however you want to work them, so that your customer would be able to use the one closest to the alley? Guy answered, right now, the lease on the those back units we do not provide parking on site for. Garton stated, would you like to make that a condition, Roger, just because it is better planning? MOTION Hunt stated, I move to grant a GMQS Exemption for the change in use of one 457 sq. ft. dwelling unit, number 7, from a primary residential use to a mixed commercial/residential use with Conditions 1-3 in Planning Office memorandum dated 8 August 1995, with an addition of a condition to reorganize or renumber the parking spaces in the alley to allow the minute commercial apartment parking in what is now spaces 1 and 8. Blaich seconded. Voting commenced, vote was unanimous in favor, motion carried. M P PLANNING & ZONING COMMISSION AUGUST 8, 1995 Discussion of Motion Mooney stated, I'm wondering, is the person who lives in the unit that is going to be deed restricted, does he already qualify? Guy answered, yes. Mooney stated, and do you think that we should say, that with that qualification, that he won't own a car? Because we are now eliminating his parking space and making it a kind of temporary in -and -out parking space. Guy answered, no, he does not have a parking space at this time, so, we're not changing anything in regard to his situation because of the lease. Hunt stated, I understand. But you do have some spaces across the back section? Guy answered, but the way people park, they only have five on some days. Commissioners Blaich and Buettow had to leave the meeting at this point. WORKSESSION The worksession on the ADU Survey Review was taped and is stored in the City Clerk's Office for any information needed. AH/RO CONTINUED DISCUSSION: TRANSFER OF DEVELOPMENT RIGHTS TO NON-CONTIGUOUS PARCELS Old Business, AH/RO Continued Discussion: Transfer of Development Rights to Non-Congiguous Parcels was tabled to the August 22, 1995 meeting. Additional Discussion Lamont stated, what we need to do is look at commercial growth in a different way, and I'm wondering if we need to bring our work program to you and we can discuss with you your priorities for us. Mooney stated, well, the whole thing is, I don't know how to get at it. We have big companies coming in and dominating the resort appetite of a small community, and who are not mitigating. This community has to in some way be in partnership with these big businesses that are national and international corporations, and I think one of the things that we don't have is the ability to pay 30 I "=Io' 0 10 20 ALLEY BLOCK SI GRAVEL ITIES 0 CONC. DRIVE CONC. WALK CURB 0 L I GHT WEST MAIN ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT. MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. LEGEND AND NOTES SLANTED TEXT DENOTES RECORD INFORMATION • FOUND SURVEY MONUMENT O SET SURVEY MONUMENT BEARING BASED ON FOUND CITY MONUMENTS SW. COR BLOCK 44 AND THE SE. COR. BLOCK 66 N 75009'If "W ❑ UTILITY BOX El WOOD FENCE x WIRE FENCE NO RECORD INFORMATION WAS FURNISHED TO THE SURVEYOR NOR ANY TITLE RESEARCH PREFORMED BY THE SURVEYOR CERTIFICATION I. JOHN M HOWORTH HEREBY CERTIFY THAT THIS SURVEY WAS PLOTTED FROM FI MADE UNDER MY SUPERV I S I ON. ,1�0 DATED THIS AZT" DAY � OF AF-R { II L. I SIGNED; y{�44,.y,-I - HOWORTH P.L.S. 25947 25947 ES OF, A SURVEY PROPERTY SURVEY OF LOTS P AND Q BLOCK 51 CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY COLORADO. PREPARED BY ASPEN SURVEY ENGINEER'S INC. 210 S. GALENA ST P.O. BOX 2506 ASPEN, COLORADO 81612 (303) 925-3816 DATE JOB NO. 4/12 200TO