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Home My WebLink AboutLand Use Case.465 N Mill St.0030.2011.ASLU0030.2011.ASLU 465 N. MILL UNIT 9B APPEAL OF DECISION mâ€ž0111 1 l 12 A THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0030.2011.ASLU PARCEL ID NUMBERS 273707300048 PROJECTS ADDRESS 465 N. MILL STREET PLANNER JENNIFER PHELAN CASE DESCRIPTION APPEAL OF DECISION REPRESENTATIVE RICHARD BIRD & MIKE KUBASIEWICZ DATE OF FINAL ACTION 09.14.11 CLOSED BY ANGELA SCOREY ON: 12.29.11 NOTE TO FILE Date: December 15, 2011 After the resolution of the Appeal filed by the applicant, staff determined that the applicant did not cease operation of the yoga studio in the SCI zone district. Bothe the business owner, Mike Kubasiewicz and a yoga instructor, Richard Bird were cited into municipal court. The charges were dismissed without prejudice on September 14, 2011, when both defendants agreed to cease operation of the yoga studio. 6/VÂ»f__ - Jennifer AAelan Deputy Planning Director Attachments: Exhibit 1: Hand delivered letter received by Richard Bird dated July 6, 2011 Exhibit 2: Yoga waiver form, photographed by Jennifer Phelan Exhibit 3: Evidence of yoga studio operating in SCI zone Exhibit 4: Evidence of yoga operation in the SCI zone 4 â‚¬>1Â»lrl_ July 6,2011 Mr. Mike Kubasiewicz THE CITY OF ASPEN Dwell Pro ' Po Box 10416 Aspen, Co 81612 RE: Determination of Appeal Dear Mr. Kubasiewicz, As a result of the June 27, 2011 Appeal heard by City Council with regard to the operation of a yoga studio in the service/Commercial/Industrial (S/C/l) zone before City Council, Resolution No. 43 (Series of 2011) was adopted. The resolution affirms staffs administrative determination that a yoga studio is not a permitted use in the S/C/1 zone district and cannot operate within it. This letter shall serve as a final correction notice for you to cease operation of the yoga business and cbmply with the permitted uses referenced in the S/C/1 zone district. All operation of the yoga studio shall cease by Friday, July 15, 2011. Failure to comply will result in a summons to Municipal and may result in fines of up to $1,000.00 a day and/or jail time. Sincerely, 24Â» *Vk JOUJ CÂ«~ 4 - 0044*tiLL . Jennifer Phelan . 23% vga Deputy Planning Director ~ -r ~ 3~1 ~*-ans 1 AAL * 0 gA-<E> Â¥Â¥4 -? M/9*-3 , /qccov~~1-04 663<fo 4 - de> 130 SOUTH GALENA STREET AspEN, COLORADO 81611-1975 Â· PHONE 970.920.5000 FAx 970.920.5197 Â·' WWW. asvengov.com ~ Printed on Recycled Papek ' â‚¬14% h 49 49 + . 06 994 - re 44'j 0, spell 30 8161 + note tformatic pt confi I $ ff i ju are currently taking ~ i hak any seri kn, r,vn to medicat r -%* sonna tie Of *r, r argency, i Asana C sture easily i I'ly ti fee! disc ime out of # YOU the das: body a any give, 1, the und , H. 1,-n a blibst,lute for examinetit r : 3, ,,j, , i should consult a physicia activity program. incluclu vocpt 1 03Â· aqnize that it is nvy respons4 teacher ot Ariv seriou , 9114 7 Â· c,r injury before every yoga c:tass 1 1 postures to the extent ot strain or pain I accept thal neither the instructor, nor the hosting facility is t#ah-~~ damages. to person or property, r estiltr vi trum thg.takiu,1~5~ years of age m,_,st (,0~X*..!!N~[1~ Behind Aspen Laundry, Aspen yoga co-op, 465 N. Mill St., donation. http://aspenyogaco-op.corn/ 1 6040 Uc-3 (*6# CB l.r- Aspen Yoga Co-op 34<12 il Â«393 34,3 The Aspen Yoga Co-op is a community-based, teacher-run yoga studio rooted in the beautiful town of Aspen. Our mission is to provide accessible yoga to our community, and inspire and encourage a movement towards honoring the sacred in everyday life. MOST CLASSES ARE DONATION BASED! MATS & TOWELS ARE FREE TOO!!! A $15 donation is recommended and greatly appreciated. CALENDAR ~ Today Mon, Aug 1,2011 "* is: Date Event August 08/01/2011 645-8:45am 5-Day Intensive by request $175 08/02/2011 645-8:45am 5-Day Intensive by request $175 9:30am-11:00 Healing Yoga Basic-Open all levels 08/02/2011 w/Richard Bird ($20 drop in) 08/03/2011 6 45-8.45am 5-Day Intensive by request $175 08/03/2011 5.30-6:30p Vinyasa Flow w/Kristin 08/04/2011 6 45-8:45am 5-Day Intensive by request $175 08/04/2011 9 00-10:00am vinyasa flow w/Kristin 08/04/2011 5 30-6:30pm Yoga w/Amy 08/04/2011 8'00-9:15pm Recovery Yoga/Meditation w/Sarah 08/05/2011 6.45-8:45am 5-Day Intensive by request $175 9:30am-11:00 Healing Yoga Basic-Open all levels 08/05/2011 w/Richard Bird ($20 drop in) 08/06/2011 9:00-10:15am Vinyasa Flow w/Kristy 44 Print FACEBOOK Aspen yoga co-op 2 of 3 8/1/2011 2:43 PM Behind Aspen Laundry, Aspen,~Â°ga co-op. 465 N Mill St., donation http://aspenyogaco-op.corn/ w~ * aspenyogacoop@gmail.com Website powered by Network SolutionsÂ® 3 of 3 8/1/2011 2:43 PM Behind Aspen Laundry, Aspen yoga co-op, 465 N. Mill St., donation http://aspenyogaco-op.com/ Aspen Yoga Co-op The Aspen Yoga Co-op is a community-based, teacher-run yoga studio rooted in the beautiful town of Aspen. Our mission is to provide accessible yoga to our community, and inspire and encourage a movement towards honoring the sacred in everyday life. MOST CLASSES ARE DONATION BASED! MATS & TOWELS ARE FREE TOO!!! A $15 donation is recommended and greatly appreciated. CALENDAR'~ Today Tue, Aug 9, 2011 "" IS: Date Event August 08/08/2011 6:45-8:45am 5-Day Intensive by request $175 08/09/2011 6.45-8:45am 5-Day Intensive by request $175 9:30am-11:00 Healing Yoga Basic-Open all levels 08/09/2011 w/Richard Bird ($20 drop in) 08/10/2011 6 45-8:45am 5-Day Intensive by request $175 08/11/2011 6 45-8 45am 5-Day Intensive by request $175 08/11/2011 9:00-10.00am vinyasa flow w/Kristin 08/11/2011 10:30-11:45AM Basic (level 1-2) w/Kristy 08/11/2011 5:30-6:30pm Yoga w/Amy 08/11/2011 8.00-9.15pm Recovery Yoga/Meditation w/Sarah 08/12/2011 6:45-845am 5-Day Intensive by request $175 9:30am-11:00 Healing Yoga Basic-Open all levels 08/12/2011 w/Richard Bird ($20 drop in) 08/13/2011 9 00-10.15am Vinyasa Flow w/Kristy 9-30am-11:00 Healing Yoga Basic-Open all levels 08/14/2011 w/Richard Bird ($20 drop in) #* Print FACEBOOK Aspen yoga co-op 2 of 3 8/9/2011 3:49 PM Behind Aspen Laundry, Aspen yoga co-op, 465 N. Mill St., donation. http://aspenyogaco-op.corn/ Ill 4 Home Kamakura Big Buddha Home Kamakura Big Buddha Share I 1 of 3 8/9/2011 3:49 PM Behind Aspen Laundry, Aspen yoga co-op, 465 1T Mill St., donation... http://aspenyogaco-op.com/ Aspen Yoga Co-op 3Â© The Aspen Yoga Co-op is a community-based, teacher-run yoga studio rooted in the beautiful town of Aspen. Our mission is to provide accessible yoga to our community, and inspire and encourage a movement towards honoring the sacred in everyday life. CLASSES ARE DONATION BASED! MATS & TOWELS ARE FREE TOO!!! CALENDAR , Today Mon, Aug 15, 2011 aa is: Date Event August 08/16/2011 4.30-5:30 Kundilini yoga w/Amy 08/18/2011 9.00-10:00am vinyasa flow w/Kristin 08/18/2011 10-30-11:45AM Basic (level 1-2) w/Kristy 08/18/2011 6:30-8:00pm Recovery Yoga/Meditation w/Sarah 08/20/2011 9:00-10:15am Vinyasa Flow w/Kristy Â¢<j Print FACEBOOK Aspen yoga co-op 2 of 3 8/15/2011 2:34 PM Behind Aspen Laundry, Aspen yoga co-op, 465 N. Mill St., donation ... http://aspenyogaco-op.com/ . 1 Home Kamakura Big Buddha Home Kamakura Big Buddha Share I 1 of 3 8/15/2011 2:34 PM 3(Â© â€ž-1."ur' 1171'i, .W'.=~rrv - Iii, d'fi - 63:50:now/XER:Bill:Imillill, ,-4 - 11 0 - i'.31-1 9 2 aspenyogico.op.com . '* A â‚¬W P File Edit View Favorites Tools Help v Search 4 13 5earches >> 4 Miles v . Not Earning e Exclumve Offers U My Account W' Help Favorites . 8 Aspen Colorado I AspenT,me. 6 Behind Aspen Laundry, A. 'Â·~ i FE '. fan - Page * Safety - Toole - *0 - ... . I. ... . ... I I -/* I . 35, aw I . ... ... I . .,1 , I. I - - I . i - #I *- - ., 0 CALENDAR Date Event August 02/234?011 4 30 9 30 Kur:3, ir i 10~3...3 081242011 5 30-7 OOP Ashting, **Colirlne. 08/262011 9.00 10 003,17 virl.ast~ nci :v?krlitin 08/25 2[jl 1 0 30Â·8 002,11 Rect/erâ‚¬ YOO@Medit/lion / ./St:ray' 08,27/2011 Noon-Energ: Manageinent Talks *Â·Â·Retec.3 4-a ' HP LagerJet P4010_P451U Selle, Prl 1, CHPI abrlÂ·Jet P<,1143 __ 14 /1 Processing. Mic,050Â£ Word - Docul,iâ€¢nl I ., Jobsent to the printer 1 1 1.,1 4111..1 1.1.11...%5 /13 , i , 3/71Â£V-Â¥Ii. -4 " m' 1 2- Behind Aspen Laundry. Aspen yoga co-op, 465 N. Mill St., donation ... http://aspenyogaco-op.corn/ (Se) Aspen Yoga Co-op The Aspen Yoga Co-op is a community-based, teacher-run yoga studio rooted in the beautiful town of Aspen. Our mission is to provide accessible yoga to our community, and inspire and encourage a movement towards honoring the sacred in everyday life. CLASSES ARE DONATION BASED! MATS & TOWELS ARE FREE TOO!!! CALENDAR ~ August 28 September ' Today \Ned, Aug 31,2011 a 3,2011 is: Sunday Monday Tuesday Wednesday Thursday Aug 28 Aug 29 Aug 30 Aug 31 Sep 1 4:30-5:30 5:30pm 9:00am Kundilini 5:30-7:00p 9:00-10:00am Ashtanga vinyasa flow yoga w/Amy w/Courtney w/Kristin Courtney Kristin Amy 6:30pm 6:30-8:00pm Recovery Yoga/Meditatio w/Sarah Sarah 420 Print FACEBOOK Aspen yoga co-op 2 of 3 8/31/2011 8:51 AM Behind Aspen Laundry, Aspen yoga co-op, 465 N. Mill St., donation ... http://aspenyogaco-op.com/ .. Home Kamakura Big Buddha Home Kamakura Big Buddha Share I 1 01'3 8/31/2011 8:51 AM Aspen Yoga Co-op - Local Business - Aspen, CO I Facebook http://www.facebook.com/pages/Aspen-Yoga-Co-op/192585607422813 E><Rtalt I Email 4(e f.1 ti Jil L li n Keep me log, ~ign Up Facebook helps you connect and share with the people in your life. Aspen Yoga Co-op Like Local Business Â· Aspen, Colorado ii + - 1 4'i"pr.%1 111 Information 1 1 1.14. â€ž1-41< ; 7 i. 11- Description A donation based yoga studio in Aspen, CO. Come to one of our mai 4 3+0-, great classes or just come in when the studio is free to do your own personal practice. The Yoga Co-op makes yoga accessible by only asking that you contribute whatever you are able, whether that is 1( dollars, 5 dollars, or 2. Free mat and towel too! Address 465 N. Mill St. #9 behind Aspen Laundry, Aspen, CO 81611 Â· Get Directions Wall Phone (970) 925-1061 Info Website http://www.aspenyogaco-op.com Photos ... .- -0 : 5 < A *0 4 V st .9 Discussions . ? U.1 2 â‚¬ Of -' D- 2. h Events .081 St ~~ 72 v JX ly > 20 Grande 4.4- 4@.4 et. . ht Uu, Gail v . e.,807 St t 0 5 17, About /41 â‚¬ 20,9 1,0'14'; 2:'. <,1.vos v F ed % Oliatist t 81rfel-*- '6 lei please check aspenyogaco- About please check aspenyogaco-op.com for schedule op.com for schedule General Information Our location is kind of hard to explain... If you are in the parking lot i the old location of the Aspen Brewing Company, look to your left an( 92 there are businesses along the back of the building that has the Asp like this Laundry. Our door is the second to last before Aspen Repair. Email aspenyogacoop@gmail.com Likes Nt ~ i ' ll Clark' s Market, Likes and Interests 1 4 - 11 U ji , Aspen Likes Clark's Market, Aspen Create a Page Browse Places Places United States Colorado * Aspen All Places Facebook Â© 2011 Â· English (US) Mobile Â· Find Friends ' Badges ' People ' Pages ' About i 1 of 1 8/31/20114:21 PM n a :M'.-V Or , 414â‚¬, .w March 27,2011 I Facebook http://www.facebook.com/media/set/?set=a.21358232 1989808.6523. 01&3 4111 1- 4 5 f . . W : *1 It- 247'ru. f .-Â«pi .:.,-94- --~Â· *~.li. -#-:Â·fi*.-i I,- 4, --r I /1 t.i . 1- - -4 'r-Â·-- x....4.- .. -t.miall#*944. - i 4 '1Â·J....4/k:f-Â» Â«14Â·1- -u-- ji.. 4.Â£ fe J-- I -4 -- - E-:t.â‚¬V:lifIE 1-43-tic-i ..- ..= ---"Â· * â‚¬- - g--'. P.; - .-f ~'4-,~r':1~~~i'i-?44-ji---tl:- -i;-Â£ C/Â·â‚¬~~ P..;-5- ~'I .A March 27, 2011 The studio. 750 sq. ft. By Aspen Yoga Co-op ' 1 of 2 March 27 Â· Like Â· Comment Download Aspen Yoga Co-op likes this. Report This Photo 1 of l 8/31/2011 4:24 PM Aspen Yoga Co-op - Local Business - Aspen, CO - Events 1 Facebook http://www.facebook.cordpages/Aspen-Yoga-Co-op/192585607422. EAI~ %/ Iâ€ž n 1 A ' '* L Keep me logg Sign Up Facebook helps you connect and share with the people in your life. Aspen Yoga Co-op Li ke Local Business Â· Aspen, Colorado Ar , 4, X WitnY,~ 4 P 0 1- 42-75 Â¥ Wall Aspen Yoga Co-op ' Everyone (Top Posts) Ashley Hammann Casiano Wall ~11~ Vinyasa Flow with Kristin yesterday morning was FABULOUS! Thanks so much - Info 1~ I love what y'all are doing for Aspen! August 19 at 6:27am via mobile ' Like Â· Comment Photos Discussions ~'â€¢4~ Jim Beckwith Live! Music for Yoga Events ~ Forrest Yoga instructor comes to Aspen for workshops tomorrow eve and ~ Saturday! Take a look and don't miss it. Live music support from Jim Beckwith Past Events Live' Music for Yoga 1.171711,1 1 CELEBRATE YOUR PRACTICE w/ Jo Schaalman & Jim About 17.7.1 B Beckwith Fri & Sat! please check aspenyogaco- Location: King Yoga, Aspen, CO op.com for schedule 1-,4.El.. a 92 July 21 at 10:02am Like Â· Comment like this , 2\ Aspen Yoga Co-op Likes ; .1.....P 1 Â· . :. 2 0 Healing Yoga Basics with Richard Bird, Sundays 9:30 -11:00 AM, Aspen Yoga 1 * %' 'IV Clark's Market, Â·Â·'4Â· Â· 't Co-op 465 NMill Street, #B-9 Aspen. la 4,11 1,1 1 1 ' Bring your aches pains and injuries and you'll learn how to use your practice to tg...Â· Aspen heal injuries and release pain. Leave feeling whole, balanced and energized. http://www.aspenyoga.net/Open-Classes.html Aspen Yoga Studio - Yoga In Aspen Colorado - Open Classes Create a Page www,aspenyoga.net Aspen Yoga Studio Open Classes 90 minutes, All Levels Forrest Yoga with Richard Bird 970.366.2947 July 16 at 8:36pm ' Like Â· Comment Aspen Yoga Co-op iffipiES~ Astanga yoga w Courtney tonight 530-7 Â·' IE July 13 at 1:53pm via mobile Â· Like Â· Comment Aspen Yoga Co-op Yoga As A Healing Practice: 5-Day Intensive with Richard Bird (Forrest Yoga) lofl 8/31/2011 4:27 PM July 6,2011 Mr. Mike Kubasiewicz THE CITY OF ASPEN Dwell Pro Po Box 10416 Aspen, Co 81612 RE: Determination of Appeal Dear Alr. Kubasiewicz, As a result of the June 27, 2011 Appeal heard by City Council with regard to the operation of a yoga studio in the service/Commercial/Industrial (S/C/l) zone before City Council, Resolution No. 43 (Series of 2011) was adopted. The resolution affirms staffs administrative determination that a yoga studio is not a permitted use in the S/C/1 zone district and cannot operate within it. This letter shall serve as a final correction notice for you to cease operation of the yoga business and comply with the permitted uses referenced in the S/C/1 zone district. All operation of the yoga studio shall cease by Friday, July 15, 2011. Failure to comply will result in a summons to Municipal and may result in fines of up to $1,000.00 a day and/or jail time. Sincerely, 3Â«991,~ 1 Jennifer Phelan Deputy Planning Director 1 . 130 Socni GALENA STREET Â· ASPEN, COLORADO 81611-1975 PHONE 970.920.5000 Â· FAx 970.920.5197 www. asp'engov.com ' Printed on Recycled Paper 5 CERTIFIED MAIL 111 --11 11 1.1.--1.1-11 -- .--, - *fâ‚¬S PC)6> 0 U.1 3 - Va/fEiliggg PITNE Â¥ Bolan S THE CITY OF ASPEN : . 02 1A $ 05.590 : 0004626326 JUL 06 2011 130 SOUIH GALENA STREET 91 7199 9991 7030 0719 1718 MAILED FROM ZIPCODE 81611 ASPEN, COLORADO 81611-1975 th. 4.' Uâ€¢, lilli lili lilli lilli ll1Illl11llll . Cip Mr. Mike Kubasiewicz Dwell Pro PO Box 10416 Aspen, CO 81612 tAb, 1* Notice<3:grm 0 101, NAME ~7 2011 . 2 nd Notice_71 4 tz, ft#filir'__*-16-J( 818*2$7327 8084 1/1 1,1 1 1 1 1/1 /1, 1 1 1, /1,, /11/,1 1 I, 1 //, 1 1 /, il, 1,1, 1 1 il, //, 1 ' Il,1 / SENDER: COMPLETE TH/S SECT/ON COMPLETE THIS SECTION ON DELIVERY â€¢ Complete items 1, 2, and 3. Also complete A. Signature 1 O Agent 1 item 4 if Restricted Delivery is desired. X â€¢ Print your name and address on the reverse O Addressee j so that we can return the card to you. B. Received by ( Printed Name) C. Date of Delivery | â€¢ Attach this card to the back of the mailpiece, or on the front if space permits. 1 D. Is delivery address different from item 1? Â¤ Yes j 1. Article Addressed to: If YES, enter delivery address below: O No ~ Mr. Muy,6 Ku.basie,wict Dwe 1\ 9 0 po FOR Â£04 19 3. Service Type ~ Aspen CO W,12, 0 Registered 0 Return Receipt for Merchandise I O Certified Mail O Express Mail 1 Â¤ Insured Mail O C.O.D. 4. Restricted Delivery? (Extra Fee) O Yes 2. Article Number I (Transfer from service label) -- 91 7199 9991 7030 0719 1718 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 3Nll 031100.17 0103 SS38004 NUnlabl 3H1 30 1.HDIE) 3H1 01 ad013AN3.30 d01.01 83>OILS 30Â¥-Id 1-- 5- 'Ebll. EiRA J E 'hru 9 a a- CERTIFIED MAIL e V~~/ vi/II= IVMÂ¥ BO,An-3 169?*sa, 3 THE CITY OF AspEN ~Ze=4% 02 lA $ 05.590 C*-SaiG!~â€¢: 0004626326 JUL 06 2011 130 SOUTH GALENA STREET 91 7199 9991 7030 0719 1718 tr#3A1'iN MAILED FROM ZIP CODE 81611 ASPEN, COLORADO 81611-1975 lilli 1'''Illll lilli II'il,I,llill Mr. Mike Kubasiewicz Dwell Pro PO Box 10416 Aspen, CO 81612 RESOLUT[ON NO.t~ (SERIES OF 2011) A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL AFFIRMING AN ADMINISTRATIVE DECISION REGARDING PERMrrrED USES IN THE SERVICE/COMMERCIAL/INDUSTRIAL ZONE DISTRICT MADE BY THE ZONING ENFORCEMENT OFFICER WHEREAS, the Community Development Department received a complaint with regard to a yoga studio operating in the Service/Commercial/Industrial (S/C/I) zone district; and, WHEREAS, pursuant to Chapter 26.710 -Zone Districts, the Zoning Enforcement Officer rendered a decision that the use is not permitted in the S/C/1 zone district; and, WHEREAS, the City Council, pursuant to Chapter 26.316, may affirm the administrative decision of the Zoning Enforcement Officer or modify or reverse the decision upon a finding that there was a denial of due process, exceeding of jurisdiction, or abuse of authority in rendering the interpretation; and, WHEREAS, the City Council has taken and considered written and oral argument from Mike Kubasiewicz, the appellant, and the Community Development Director, and has found that the Zoning Enforcement Officer provided due process and neither exceeded her jurisdiction or abused her authority in rendering the administrative decision; and, WHEREAS, the City of Aspen City Council finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE BE IT RESOLVED that the City Council affirms the Zoning Enforcement Officer's administrative determination of the Land Use Code that a yoga studio is not a permitted use within the S/C/I zone district and is therefore prohibited. This Resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. If any section, subsection, sentence, clause, phrase, or portion of this Resolution is fur any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof- APPROVED by the Aspen City Councilat its regul*,neeting on (~U,ut 27-72011. A24Â«FjÂ»/ 11- Kathryn S. ~66,-tiÂ® C]&rk -MiehaekC-I:Â©landrM@*or- OweK -30415Â·A /vt>44 69 le - APPROVED AS TO FORM: L.-Jehhzâ‚¬BrdestEr, City Attorney Resolution No,--, Series of 2011, Page 1 Regular Meeting Aspen Citv Council June 27, 2011 Torre said for safety sake, he can support finishing the drain line. Councilman Torre stated he does not support the other requests with unknown budget impacts and without an up-to-date pro forma for the project. Councilman Frisch said he would like to get to a minimum appropriation and not stop the drain line work and not spend any money on the hydro plant part ofthe project. Mayor Pro Tem Johnson said the sense of Council is to limit the downside and to preserve the opportunity for the city and the community to become more informed on the hydroelectric plant. Councilman Frisch asked if the $207,650 is entirely hydropower plant. Hornbacher said about $125,000 of that amount is working on the FERC licensing application and on a more detailed look on going forward so the $207,650 could be reduced. Councilman Skadron said he supports the hydropower project and hope is gets built when the environmental protections are in place. Councilman Frisch asked about overruns and asking for more money after the digging starts. Hornbacher said the remaining work has moved away from other utility corridors and is on the final leg to Thomas reservoirs. Council agreed they would approve an appropriation that will move the drain line project forward and not appropriate any money that would go toward the hydropower project. Mayor Pro Tem Johnson said that would be $619,290 for the drain line and $125,000 for further FERC licensing for a total of $744,290. Mayor Pro Tem Johnson moved to adopt Ordinance #20, Series of 2011, on second reading amending the appropriation to $744,290, and approving the water fund increase of $2,802,030; seconded by Councilman Frisch. Roll call vote; Torre, yes; Frisch, yes; Skadron, yes; Mayor Pro Tem Johnson, yes. Motion carried. RESOLUTION #43, SERIES OF 2011 - Appeal S/C/I Zone District - Yoga Studio Jennifer Phelan, community development department, told Council this is an appeal of a decision made by the zoning officer that a yoga studio is not an allowed use in the service/commercial/industrial zone district. Ms. Phelan said a yoga studio is considered a health and fitness facility and is not listed as a permitted or conditional use in S/C/I. Yoga studios are permitted in other zone districts. Ms. Phelan reminded Council appeals are on the record and there are 3 standards; denial of due process, abuse of discretion arbitrary or capricious exercise of authority, or misapplication ofthe law or excess jurisdiction. Ms. Phelan said proper notice of this hearing was given. Ms. Phelan said staff used reasonable discretion in determining a yoga studio use is not permitted in the S/C/I using typical land use definitions. Ms. Phelan said it is the job ofthe zoning officer to enforce zoning. Ms. Phelan stated this is a case of what the applicant would like the code to say versus what the code actually says. Staff recommends affirming staff' s determination that a yoga studio is not permitted in this zone district. Mike Kubasiewicz, applicant, said he is appealing this decision. His business Dwell Pro Inc. is a surface cleaning company and emergency flood restoration company, and he is trying to invent a better cleaning machine. Dwell Pro is integrating adults with disabilities into the work force. There are 4 different machines being manufactured in Aspen that are efficient and powerful cleaning machines and on which Dwell Pro holds the patents. Kubasiewicz said since January 10 Regular Meeting Aspen Citv Council June 27, 2011 2011, young adults from the Roaring Fork Valley with disabilities work at Dwell Pro on Tuesday and Thursdays. Kubasiewicz told Council his space at 465 North Mill was a Pilate's and yoga studio. Kubasiewicz said young adults with disabilities often need a calming place, and yoga is a refocusing tool. Dwell Pro's workshop surrounds the yoga floor and these transitional adults understand the difference between the shop space and the yoga studio. Kubasiewicz told Council yoga instructors have been donating time to this transition program. Yoga instructors have been allowed to teach their own practices in this space outside the Dwell Pro's hours. These classes are donation based and the space is called the yoga coop. Kubasiewicz said in May these donations equaled 20% of the rent. Yoga is a vital part of Dwell Pro's work environment and Dwell Pro Inc needs the supplemental income from the yoga coop. Kubasiewicz said zoning abused their discretion in decision making. The 2008 ordinance regarding S/C/I states "that the S/C/I zone district is to preserve and enhance locally serving primarily non-retail, small business areas to insure a more balanced permanent community". Kubasiewicz said the yoga coop is an integral part of Dwell Pro. Kubasiewicz said there is not a better way to insure a more balanced community than hiring local transitional young adults and offering donation yoga to the community. Kubasiewicz said the zoning officer clarified that the above statement should be looked at as secondary to the entire 2008 ordinance. Kubasiewicz noted that the yoga coop is secondary to Dwell Pro Inc. Kubasiewicz requested Council allow the yoga coop to continue to exist in the S/Cd zone district. Councilman Torre asked about other appeals in the S/C/1 zone. Chris Bendon, community development department, told Council this is a difficult zone to administer because the uses are so specific. There was an appeal from someone who wanted to grow marijuana; agriculture is not listed as a use so that was not upheld. Bendon said in the past, the uses have been different in the S/C/I zone and it did allow for a yoga or Pilates studio; rehearsal studio. Othello appealed for his skate board shop use and Council found in his favor. There was an appeal for an architect's studio, There was an appeal for the brewery which resulted in code changes Councilman Torre asked if there are any non-conforming uses currently in the S/Cd zone. Ms. Phelan said when Obermeyer Place was redeveloped, there were uses that were legally established and were allowed back in after the site was redeveloped. Ms. Phelan said if a use is in a zone after the uses change and it continues to operate, it is a legally established non- conforming use with the intent to allow them to operate. Councilman lorre asked what changes were made in 2008. Ms. Phelan said medical office spaces at a certain size were allowed. The yoga, Pilates and rehearsal studio uses were eliminated; artist studio was allowed only in the McFadden subdivision. Councilman Torre said he does not think there was abuse of discretion, jurisdiction or due process and this would be better served as a code amendment. Councilman Torre said in 2008, the city council went after this specific use in a code amendment. Councilman Torre asked how much space in the S/C/I zone is vacant and is the use of the district not benefitting the community. Councilman Torre said there could be some uses that would be appropriate in the zone that have not been considered. Councilman Torre said some of the applicant's business falls within the uses of the S/Cd zone. 11 Regular Meeting Aspen Citv Council June 27, 2011 Bendon said the challenge for staff is to apply the existing code and a yoga studio is not allowed in the S/C/I. Bendon pointed out the entire business must be an allowed use in order to keep operating in the S/C/1 zone, not mostly in compliance. Bendon said Council will be looking at the AACP and how the city wants to use the S/C/I zone to further community goals. Council should also think about how to optimize properties in this particular building and whether it could be rezoned for certain uses to further different community goals. Bendon said the rental rates in the S/C/I are very attractive to businesses and many businesses try to relocate in this zone whether or not their business plan fits. Kubasiewicz told Council he could be a taxidermist or a storage facility; he is allowing local yoga teachers to use this space and to instruct, which is giving them income. Mayor Pro Tem Johnson said he would like to find a way to make this work, although this may not be the correct avenue. Ms. Phelan told Council the community development department get requests from businesses who want to move into the S/C/I zone on a weekly basis. Councilman Skadron stated he is protective of the S/C/1 zone having sat through a number of appeal hearings. Councilman Skadron said he considers the broader market place and cannot provide an unfair advantage to one business over another. Councilman Skadron noted there are several yoga businesses located throughout town and he has to affirm the zoning officer's action on this use in the S/C/I zone. Councilman Frisch said there is unused space.in the S/C/1 zone and this business uses local instructors to teach locals and he would like to figure out a way to make this work. Bendon said running the local government in a first come first served basis will have everyone, locals with good ideas, who is aggrieved come before Council. Bendon said staff tries to approach these things with an overall goal and vision, what the community wants to accomplish. Bendon said there is a liberal policy of allowing non-conforming uses to continue. Kubasiewicz said there are restrictions in his area; he cannot park a car overnight, the noise decibel decreases at 7 PM so manufacturing would be difficult and if it were true S/C/I his business would be able to operate 24 hours/day. Mayor Pro Tem Johnson agreed he would affirm staff' s decision and is interested in making this use work. Councilman Frisch said he would be interested in a code amendment. Bendon said the difficulty in doing a code amendment while in the middle of a community plan is that you get ahead of yourself. Councilman Frisch asked if there have been discussions about the S/C/I zone in the AACP discussions. Bendon said it has not been discussed at the P&Z level and it probably will be at Council. A code amendment would take staff hours and costs between $3000 and $10,000. Bendon noted in the past Council has been specific about the allowed and not allowed uses in the S/C/I zone. Bendon pointed out other zones have more general categories. Mayor Pro Tem Johnson reiterated he would entertain a code amendment for this use in the S/C/I zone. John Worcester, city attorney, reminded Council of the emergency ordinance adoption procedure ifthey believe public property health, peace or safety is in peril, Councilman Torre said the applicant is using the space as intended; the ancillary use is only 20% of the business. Councilman Torre said the Council often discusses having incubator space and having it available for a certain time period. Councilman Tom said he will support staff's decision. Councilman Torre moved to approve Resolution #43, Series of 2011, affirming the administrative decision; seconded by Councilman Skadron. All in favor, motion carried. 12 Regular Meeting Aspen City Council June 27, 2011 Mayor Pro Tem Johnson moved to go into executive session pursuant to C.R.S. 24-6-402(4)(b) Conferences with an attorney for the local public body for the purposes of receiving legal advice on specific legal questions at 8:45 PM; seconded by Councilman Torre. All in favor, motion carried. Councilman Torre moved to come out of executive session at 9 PM; seconded by Councilman Frisch. All in favor, motion carried. Councilman Torre moved to adjourn at 9 PM; seconded by Mayor Pro Tem Johnson. All in favor, motion carried. PAX Kathryn IWch, City Clerk 13 ./. IX a- P145 MEMORANDUM TO: Mayor Ireland and Aspen City Council COPY: John Worcester, City Attorney THROUGH: Chris Bendon, Community Development Director FROM: Jennifer Phelan, Deputy Planning Director~~3> RE: Appeal of Land Use Code Interpretation - Permitted Uses in the Service/ Commercia]/[ndustrial zone district DATE: June 27,2011 APPLICANT: Mike Kubasiewicz 11 1 4 --- v ~5 Lakewlew Adallion , VP*15.2/- R-15 --Â«Â·., 1 1.Â·1-1942â‚¬Â·6 -Â·i t~'~1 h , 11.,t ;i ;4-Â·Â·CX //,4 4 m , 11) 1 LOCATION: , The } j //..#-~A,%49,LEY:-- ,// 0<N ; 7-- --4 Service/Commercial/ i, ,~ ,/ /01 7 -,AP~th he--'Nkli" . 4 5 Industrial (S/C/I) ifixâ€¢SCI '.1<.mjey e. / h IN :>43%1 zone district. -if - dee-Ch. 3~Truena, 26,91,60,'!1~993'Y'alaÂ¥701â‚¬91 Jit,fL Â£7:-='~08,119 Fark Rt,22â€¢~2\ â€¢ . SUMMARY: - 4 1327Â«- c.-tz... 7.3,-abi< The Applicant is -1 1 =. -'9 'an \ 1 appealing an -4*'1 1 1 AAR-30 f - â€¢2 * 1 administrative ft J fÂ»T'-,~ , -Lf, , ...elÂ·<0//Rp-% PUB -- 1Â£ I ..r 71 . 102% - - decision by the 5444': 2 1 Â· *... 34 0- -t},3&49~ h.11'a, 0,--vent :/ Â·%13' ~ f <i0Z~~W~ Rio Graide Â·f. fi',-3< r: 21 9 '1 214 E Ff Zoning Enforcement ..1.Ylt-fle YmqM077" 9.4 ~-- .912/~Ilillf/6. fidfi 47/4...4/%4.9- Officer. - *Â£7Â£>R1 -I- Aâ‚¬A:.9 3 222-1 w -4, f- r!94 -â€¢* , J' STAFF 1*elÂ¢/ 2,741(14-2 -44#k-4-< f 4/ --2~&~~~05*.t~~'~--Lf-Q-. RECOMMENDATION: *-fi*m44,2 -~74 --;-2(ift# ~~~39;f~I#&~4~~~~|~~~t-~I-- ,- ~ Staff recommends City Council uphold . -07*955:082/41â‚¬:.-*444-4.&-f<;,~f-.--'513-~-1-a~'14'64'/ A- -;,-Â· the Zoning 7NS A Ji:*4.1 2 /#~A-~22=El-Â¥Â¢4'KN-2kPkt?-s-p,i'20/ -Â·... 111-4 ... . . . ~3'7 Enforcement Figure 1: Vicinity Map of"S/C/I zone district" Officer' s decision by adopting the proposed resolution affirming the determination. 1 P146 SUMMARY: One of the jobs assigned to the Zoning Enforcement Officer is to ensure that only permitted ' uses as outlined in land use code operate within a zone district. A "use", as defined under the land use code, is "the purpose or activity for which a lot, other area of land, or a building is designated, arranged, intended, occupied or maintained." Every zone district within the city outlines what uses are permitted within the zone district and if not listed, are prohibited. As a result of a complaint, the Community Development Department became aware of a business that was operating at 465 Mill Street in the Service/Commercial/Industrial (S/C/I) zone district, providing a number of services that may not be permitted uses within the zone district. Staff contacted the business owner, Mr. Kubasiewicz, and requested that he provide a prospectus of operations occurring at the site. A number of uses were determined by the zoning officer to not be a permitted use and were ended by the business owner, however; Mr. Kubasiewicz is interested in maintaining his yoga operation on-site. Staff has determined that yoga is not a permitted use in the zone district, and Mr. Kubasiewicz is appealing staff s determination. Section 26.316, Appeals of the Aspen Land Use Code sets forth the applicable standard of review that Council should follow in these matters and the actions available to Council following the hearing on the appeal. BACKGROUND: In this case, the decision rendered by the Zoning Enforcement Officer is whether a yoga studio is allowed in the Service/Commercial/Industrial (S/C/I) zone district as a permitted or conditional use. As a result of a complaint, staff advised the business owner that a yoga studio is not a permitted or conditional use within the S/C/I zone district. A yoga studio is considered a health and fitness facility under the larger category of Service Uses. The permitted and conditional uses (Exhibit A) for the zone district are explicit such as a post office branch or laundromat rather than generalized (for example service use) as in other commercial zone districts. The specificity of the uses permitted in the S/C/I zone district is intended to limit uses and implement the purpose of the zone district. The intent of the S/C/I zone district "is to preserve and enhance locally-serving, primarily non-retail small business areas to ensure a more balanced permanent community; to protect the few remaining such small business parks historically used primarily for light industrial uses, manufacturing, repair, storage and servicing of consumer goods, with limited retail, showroom or customer reception areas." As noted in a whereas clause of an ordinance adopted in 2008 that amended the zone district, this zone district is recognized as an area that provides "support for service commercial businesses that without the SCI Zone District would likely relocate out of town and increase vehicle trip generation by locals seeking needed services.." 2 P147 Neither a yoga studio, health and fitness facility, nor service Uses are listed as permitted or conditional uses within the zone district and therefore are not permitted to operate in the subj eet district. STANDARD OF REVIEW: Section 26.316.030(E) reads as follows: Standard of review. Unless otherwise specifically stated in this title, the decision- making body authorized to hear the appeal [City Council] shall decide the appeal based solely upon the record established by the body from which the appeal is taken [Zoning Enforcement Officer]. A decision or detennination shall not be reversed or modified unless there is a finding that there was a denial of due process, or the administrative body has exceeded its jurisdiction or abused its discretion. The Land Use Code does not define the terms: "a denial of due process", "exceeded its jurisdiction," or "abused its discretion." Court cases, however, have helped define these terms ' as follows and may be used by Council in its deliberation of the appeal: A denial of due process may be found if some procedural irregularity is determined to have occurred that affected a significant right of the appellant, or the administrative body ': f. otherwise acted in violation of the appellant' s constitutional or statutory rights, Ad Hoc Executive Committee of Medical Staff of Memorial Hospital v Runyon, 116 P. 16 465 (Colo. 1986.) A decision may be considered to be an abuse of discretion if the "decision of the administrative body is so devoid of evidentiary support that it can only be explained as an arbitrary and capricious exercise of authority." Ross v Fire and Police Pension Ass'n., 7 13 P.2d 1304 (Colo. 1986); Marker v Colorado Springs, 336 P.2d 305 (Colo. 1959). A decision may be considered to be in excess of iurisdiction if the decision being appealed from "is grounded in a misconstruction or misapplication of the law," City of Colorado Springs v Givan, 897 P.2d 753 (Colo. 1995); or, the decision being appealed from was not within the authority of the administrative body to make. Cio; of Colorado Springs v SecureCare Self Storage, Inc., 10 P.3d 1 244 (Colo. 2000). STAFF COMMENT: 1. Due Process -The applicant has met with staff to discuss what uses are permitted within the S/C/1 zone district. Correspondence to the Applicant outlining that a yoga studio is not permitted and noting the ability to appeal the administrative decision was provided. Certain timeframes affect when appeals need to be scheduled. Those timeframes have been met. As required by the Land Use Code, the appellant was provided notice of -i-*2=-j.t'.s meeting via registered mail and all other affected parties were noticed by puuilci-tri in the na-,:-spaper, 3 7 n:quired. (Please see Exhibit F). Assuming tonight's Cf-1 P148 meeting does not contain any procedural flaws, staff believes that proper procedural due process has been provided. In providing an administrative decision, the Zoning Enforcement Officer relied on the facts presented and the language within the Land Use Code. Definitions within the code such as "Service Use" and the purpose of the zone district were used in evaluating whether a yoga studio could be considered a permitted or conditional use in the zone district. Staff's decision was not arbitrary and provided substantive due process. 2. Discretion - With respect to abuse of staffs discretion, the Zoning Enforcement Officer did need to use her discretion in rendering the decision. The question is whether she abused that discretion. The Zoning Enforcement Officer is required to interpret specific text of the code to provide explanation and clarity with regard to permitted and conditional uses within a zone district. In rendering her decision, the Zoning Enforcement Officer considered adopted definitions in the land use code and the purpose clause of the S/C/I zone district to structure the decision. Staff tends to approach these sorts of tasks with a very pragmatic and realistic administration of zoning limitations. The Land Use Code does not predict every type of circumstance. Staff considers the text of the code as well as the purpose of the zone district. The Zoning Enforcement Officer believes that her discretion was applied appropriately and the decision was rendered ethically. 3. Jurisdiction - The Zoning Enforcement Officer' s jurisdiction to interpret and administer the Land Use Code is established in Chapter 26.210 ofthe City ofAspen Land Use Code. This Chapter outlines the jurisdiction, authority, and duties allocated to the Community Development Director (and his designees). One of the Director's duties outlined in the Chapter+ reads: "To render interpretations of this Title or the boundaries of the Official Zone District Map pursuant to Chapter 26.306." and "To enforce any provision of this Title or any other provision of the Municipal Code of the City of Aspen. " Staff believes this language is clear and it does not appear that the applicant is questioning this provision of the code. CODE INTERPRETATION AND CODE AMENDMENT: The question in a code interpretation is what does the code say? On occasion, applicants seek a code interpretation because they believe the code should say something else. The code amendment process is the proper venue for the question what should the code sayl ACTIONS BY COUNCIL FOLLOWING APPEAL HEARING: Section 26.316.030(F) reads as follows: Action by the decision-making body hearing the appeal. The decision-making body hearing the appeal may reverse, affirm, or modify the decision or determination appealed from, and, if the decision is modified, shall be deemed to have all the r owers of the officer, board or commission from whom the appeal is taken, including 4 P149 the power to impose reasonable conditions to be complied with by the appellant. The decision shall be approved by resolution. All appeals shall be public meetings, TWO RESOLUTIONS: Attached are two Resolutions. One finds that the Zoning Enforcement Officer acted correctly and affirms the administrative decision. The second finds that the Zoning Enforcement Officer exceeded her jurisdiction, abused her authority, or failed to provide due process and reverses the interpretation. RECOMMENDATION: Staff believes the Zoning Enforcement Officer's interpretation was rendered ethically and that no abuse of authority or exceeding of jurisdiction occurred. Staff recommends City Council uphold the Zoning Enforcement Officer's administrative decision by adopting , the proposed Resolution affirming the decision. CITY MANAGER COMMENTS: RECOMMENDED MOTION: (all motions must be made in the positive) "I move to approve Resolution No. 41, Series of 2011, [affirming or reversing] theZoning Enforcement Officer's administrative decision regarding permitted uses is the S/C/I zone district. ATTACHMENTS: Exhibit A - Service/Commercial/Industrial zone district standards Exhibit B - Prospectus of Dwell Pro dated February 15, 2011 Exhibit C - Zoning Officer correspondence dated April 22,2011 Exhibit D - Appeal application Exhibit E - Land Use Code Section Regarding Appeals Exhibit F - Affidavit of notice 5 P150 RESOLUTION NO.~13 dvtkie (SERIES OF 2011) A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL AFFIRMING AN ADMINISTRATIVE DECISION REGARDING PER-AiTITED USES IN THE SERVICE/COMMERCIAL/INDUSTRIAL ZONE DISTRICT MADE BY THE ZONING ENFORCEMENT OFFICER WHEREAS, the Community Development Department received a complaint with regard to a yoga studio operating in the Service/Commercial/Industrial (S/C/I) zone district; and, WHEREAS, pursuant to Chapter 26.710 -Zone Districts, the Zoning Enforcement Officer rendered a decision that the use is not permitted in the S/C/I zone district; and, WHEREAS, the City Council, pursuant to Chapter 26.316, may affirm the administrative decision of the Zoning Enforcement Officer or modify or reverse the decision upon a finding that there was a denial of due process, exceeding of jurisdiction, or abuse of authority in rendering the interpretation; and, WIIEREAS, the City Council has taken and considered written and oral argument from Mike Kubasiewicz, the appellant, and the Community Development Director, and has found that the Zoning Enforcement Officer provided due process and neither exceeded her jurisdiction or abused her authority in rendering the administrative decision; and, WHEREAS, the City of Aspen City Council fmds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE BE IT RESOLVED that the City Council affirms the Zoning Enforcement Officer's administrative determination of the Land Use Code that a yoga studio is not a permitted use within the S/C/I zone district and is therefore prohibited. This Resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate. distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED by the Aspen City Council at its regular meeting on ,2011. ATTEST: Kathryn S. Koch, City Clerk Michael C. Ireland, Mayor APPROVED AS TO FORAI: John Worcester. City Attorney Resolution No.--, Series of 2011. Page 1 RESOLUTiON NO. ~ ~~-4 E.*S\Ab=%-7 (SERIES OF 2011) A RESOLUT[ON OF THE CITY OF ASPEN CITY COUNCIL AFFIRMING AN ADM[NISTRATIVE DECISION REGARDING PERMITIED USES IN THE SERVICE/CO1Â¥IMERCIAL/INDUSTRIAL ZONE DISTRICT MADE BY nIE ZONING ENFORCEMENT OFFICER WHEREAS, the Community Development Department received a complaint with regard to a yoga studio operating in the Service/Commercial/Industrial (S/C/I) zone district; and, WEUÂ£RE AS, pursuant to Chapter 26.710 -Zone Districts, the Zoning Enforcement Officer rendered a decision that the use is not permitted in the S/C/I zone district; and, WHEREAS, the City Council, pursuant to Chapter 26.3163 may affirm tile administrative decision of the Zoning Enforcement Officer or modify or reverse the decision upon a finding that there was a denial of due process, exceeding of jurisdiction, or abuse of authority in rendering ' the interpretation; and, WHEREAS, the City Council has taken and considered written and oral argument from Mike Kubasiewicz, the appellant, and the Community Development Director, and has found that ' the Zoning Enforcement Officer did not provide due process or exceeded her jurisdiction or abused her authority in rendering the administrative decision; and, WHEREAS, the City of Aspen City Council finds that this Resolution furthers and is necessary for the promotion of public health, safety; and welfare. NOW, TFIEREFORE BE ]T RESOLVED that the City Council reverses the Zoning Enforcement Officer's administrative determination of the Land Use Code that a yoga studio is not a permitted use within the S/C/1 zone district and determines that a yoga studio is a permitted use. This Resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED by the Aspen City Council at its regular meeting on ,2011. ATIEST: 7.,rion S. Koch, City Clerk Michael C. Ireland, Mayor APPROVED n J . /. F John Worcester, City Attorney Resolution No.--, Series of 20 l E Page 1 P152 - 12Â«a A 1 K 26.710.160. Service/Commercial/Industrial (S/C/I). A. Purposa The purpose of the Service/Commercial/Industrial (SCD zone district is.to preserve and enhance locally-serving, primaily non-retail small business areas to ensure a - more balanced permanent community; to protect the few remaining such small business parks historically used primarily for light industrial uses, manufacturing, repair, storage and servicing of consumer goods, with limited retail, showroom, or customer reception areas. The SCI zone district contains uses that may not be appropriate in other zone districts or do not require or generate high customer traffic volumes, and pennits customary accessory uses. B. Permitted UAes. The following uses are permitted as of right in the Service/Commercial/Industrial (SCD zone district. Each of the permitted uses may have, in combination, a limited percent of the floor area, as noted below, devoted to retail sales, showroom, or customer reception, and such uses shall be ancillary to the primary commercial , use. This floor area percentage may be increased through Special Review by the Planning and Zbning Commission, pursuant to Section 26.430.050, and according to thestandards of Section 26.710.160(lE)1. 1) SCI Uses which may use up to 100% of the floor area for retail sales, showroom, or customer reception include the manufacturing, repair, customizing, servicing, detailing, sales, and rental of consumer goods such as: a) Building materials, components, hardware, fixtures, interior finishes and equipment. b) Household appliances such as ranges, refrigerators, dishwashers, etc. c) Automobiles and motorcycles, Motor-driven cycles, and Motorized bicycles, including parts. d) Non-motorized vehicles such as bicycles and river-related recreational items, for rental or in combination with a service use related to guiding or touring. e) Fabric and sewing supply. 2) SCI Uses which may use, in. combination, up to 25% of the floor area for accessory retail sales, showroom, or customer reception including the manufacturing, repair, alteration, tailoring, and servicing of consumer goods such as, electronic equipment; floral arrangements; furniture; clothing; or sporting goods: a) Typesetting and printing, including copy center. b) Photo processing laboratory. c) Locksmith. d) Post Office branch. e) Shipping and receiving services. 0 Internet auction consignment outlet g) Laundromat h) Commercial dry cleaning. i) Recycling center. j) Artist studio. k) Veterinary clinic. 1) Animal boarding facility. m) Animal grooming establishment. City of Aspen Land Use Code Part 700, Page 45 P153 l 1 - n) Brewery and brewing supply, with on=site alcoholic beverage consumption limited to the hours of noon to 9 pm Mondays through Saturdays and noon through 6 pm on Sundays and limited to six samples of six ounces, or four samples of six ounces and one sample of 16 ounces, per person, per day; this consumption limitation to be suspended for wholesale buyers. o) Coffee roasting and supply p) Commercial Kitchen or Bakery. q) Design Studio, limited to the Andrews-M-Farlin Subdivision. 3) SCI Uses whichi may use, in combination, up to 10% of the floor area for accessory retail sales, sbowroom, or customer reception: a) Building/landscape maintenance facility. b) Automobile washing facility. c) Warehousing and storage. 4) Primary Care Physician' s Office Uses permitted: a) On Upper Floors, pursuant to Section 26.710.160 (I))11(b). ' b) Limited to a cap of 3,500 square feet at the Obermeyer Place PUD, upon execution of an Insubstantial PUD Amendment. 5).Permitted Accessory Uses: a) Service yard accessory to a pennitted use. b) Sales and rental accessory and incidental to a permitted use. c) Accessory buildings and uses. d) Home occupations. e) Offices, accessory to a. permitted or conditional use, not to exceed 10% of a commercial unit. C. Conditional uses. The following uses are permitted as conditional uses in the Service/Commercial/ Industrial (SCI) zone district, subject to the procedures established in Chapter 26.425.050 Procedures for Review, and the standards established in Section 26.710.160(F). Under Section 26.710.160(C)1-3,Â·,the Cormission shall establish the appropriate amount of floor area to be devoted to retail sales, showroom, or customer reception for each conditional use during the review, pursuant to the review standards of Section 26.710.160 (IF)1. Under Section 26.710.160(C)4-5, the Commission shall review the site plan to determine compliance pursuant to.the review standards of Section 26.710.160(17)2-3, and establish conditions of approval as needed. 1. Consignment retail establishment. 2. Commercial Parking Facility, pursuant to Section 26.515. 3. Gasoline service station. 4. Affordable Multi-Family Housing.on Upper Fl oors. 5. Free Market Multi-Family Housing on Upper Floors City of Aspen Land Use Code Part, Page 46 P154 D. Dimensional requirements. The following dimensional requirements shall apply to all permitted and conditional uses in the Service/CommerciaFÂ·Industrial (SCI) zone district: 1 1. Minimum Gross Lot Area (square feet): 3,000 2. Minimum Net Lot Area per dwelling unit (square feet): No requirement. 3. Minimum lot width (feet): No requirement 4. Minimum front yard setback (feet): No requirement. 5. Minimum side yard setback (feet): No requirement. 6. Minimum ?ear yard setback (feet): No requirement. 7. Minimum Utility/Trash/Recycle area: Pursuant to Section 26.575 .060. 8. Maximum height: 35 feet. 9. Minimum distance between buildings on the lot (feet): No Requirement. 10. Pedestrian Amenity Space: Pursuant to Section 26.575.030. , 11. Floor Area Ratio (FAR): The following FAR schedule applies to uses cumulatively up to a total maximum FAR- of 2.25:1. Achieving the maximum flo'or area ratio is ' subject to compliance with applicable design standards, view plane requirements, public amenity requirements and other dimensional standards. Accordingly, the maximum FAR is not an entitlement and is not achievable in all situations. a. Commercial Uses: 1.5:1. b. Primary Care Physician's Office uses: .25:1 FAR, only if a minimum of .75:1 FAR of Commercial uses, listed in Section 26.710.16003)1-3, exist on the same parcel. c. Affordable Multi-Family Housing: .5:1. d. Free-Market Multi-Family Housing: .25:1, only if a minimum of.75:1 FAR of Commercial Uses listed in Section 26.710.160(B) 1-3 exist on the same parcel. e. Free-Market Multi-Family, Housing: .5:1, only if a minimum of .75:1 FAR. of Commercial Uses listed in Section 26.710.160(13)1-3 exist on the same parcel, and a minimum of.25:1 FAR of Primary Care Physician's Office Uses exist on the same parcel. 12. Maximum multi-family residential dwelline unit size (square feet): 2,000 sq. ft. of net livable area. a. The. property owner may inctease individual multi-family unit size by extinguishing Historic Transferable Development Right Certificates C'certificate" or "certificates:), subject to the following: 1) The- transfer ratio is 500 sq. fL of net livable area for each certificate that is extinguished. City of Aspen Land Use Code Part 700, Page 47 [ t f P155 2) The additional square footage accrued mky be applied to multiple units. However, the maximum individual unit size attainable by transferring / development rights is 2,500 sq. ft. of net livable area (i.e., no more than 500 additional square feet may be applied per unit). 3) This incentive applies only to individual unit size. Transferring development ' riizhts does not allow an increase izl the Floor Area Ratio (FAR-) of the lot. Commentcoy: Refer to Chapter 26.535 for the procedwes for extinguishing certificates. E. St)ecial Review Standards. Whenever the dimensional standards of . a proposed development within the SCI Zone District are subject to Special Review, the development application shall be processed as h Special Review, pursuant to Section 26.430.050, and shall be approved, approved with conditions, or denied based on conformance with the following criteria: 1. To increase the allowable percentage of interior space assigned to retail, showroom, or 0 customer reception area, the applicant shall demonstrate the need and appropriateness for such additional space and shall demonstrate consistency with the purpose of the SCI Zone District. The additional approved percentage for a specific use shall be limited to that use and not applicable to subsequent uses in the same space. P. Conditional Use Review Standards. 1. To establish the allowable percentage of interior space assigned to retail, showroom, , or customer reception area, the applicant shall demonstrate the need and appropriateness for the space and shall demonstrate consistency with the purpose of the SCI Zone District. The approved percentage for a specific use shall be limited to that use and not applicable to subsequent uses in the same space, 2. Applicant must demonstrate that the affordable housing and/or free market housing is substantially removed and physically separated from Commercial Uses on the same parcel,. to the extent practicable, so as to isolate residential uses from commercial impacts and to adequately plovide for on-loading, off-loading, circulation and parking for commercial uses. 3. Applicant .must implement a prohibition on the cross-ownership of free market residential units and commercial space, to be reviewed and accepted by the City Attorney. (Ord. No. 2-1999, Â§1; Ord. No. 22-2005, Â§1; Ord. No. 4-2008; Ord. No. 27- 2010, Â§4) City of Aspen Land Use Code Part, Page 48 /5 1 - '~~~~~IUMB#FIff<9-11_7- 1 915,G~ ~-UtÂ»34*~ 489,/Fl/Mi:#922=223*, ./ .&....Il. ' . A .,Â¢Eâ‚¬3~13 I 1- 3 9 , 1% 1 , r-6-=fill-*hea~~Im.W#mi'li*illillin' 4 - 6 k - 1,-*+10â€¢ kin> R4,11. A _ :G,-9, r i ,#r_ 9'%2' WA, e Â· - q - i 43*02* - Ir Ils.QUEntInG - E) c C ENED - Mike Kubasiewicz Cums V m~. . p president . 465 North Mills St 9-B Aspen License # 07104 -EED 1 Z.Â· 701.1 . Aspen, 60 811611 i,ed Tax icl. 26-3880422 E LL' 1 l.1 - Tel: 970.925.1061 Sales Tax 35-25782-000 - CITY OF ASPEN mike(@dwell.pro Â£19BdtÂ·Rttoration: 24/ 7 Ennergency Flood Response Company. Dwell Pro Inc was established in Aspen, CO in 2000. Dwell Pro is the only "Aspen based" flood response company. Down-valley flood response companies charge up to $500 / hour in order to Offset the cost(s) of travel. Dwell Profs 465 North Mill St. location enables a response time of 30 minutes or less, making Dwell Pro's pricing extremely competitive. Â£201Â©i_& Stone Cleaning.Service: pwell Pro Inc. uses environmentally friendly equipment powered by electricity: The competition uses truck-mount systems powered by gas & propane which contributes to the M-8 Pollution. Dwell Pro Inc's clientele include The Little Nell, The St.Regis, Maroon Creek Club, Cache-Cache and multiple property management companies & residences throughout Aspen. The services are offered 7 days per week.. L 8111212 Dwell Pro Ind. offers a surface cldaning machine (LJ1000) for rental or lease by companies or individuals for cleaning.& emergencies. Leasing is available Monday thru. 1 Saturday, 9am-5pm. Current clients include hotels, constuction companies and public schools. t Manufanhiring: Dwell Pro Inc.designed and manufactures it's own surface cleaning machines And has patents pending with the US Patent Office. The machines deep clean carpet, stone, hard wood floors, walls, office partitions, mattresses, drapery and upholstered furniture. bfanufactu.ring facilities are located at 465 North Mills St 9-B in. Aspen. The four models ars available for vie#ing iii the show room. Manufacturingtakes place Monday thru Friday, 10 am to 5 pmand ll pmto 6 am + P157 Traysti Studio Trayati means "liberation of energy" in Sanskrit The Studio is a place where young adults, 17-21 years old with diagnosed disabilities develop skills to maximize self- reliance, independence and problem solving skills. These young adults afe from the Roaring Fork and Aspen school districts. The Trayati Studio is currently,working with the "Ready for the World Program". These young adults Pisit the studio And help with stocking inventory; recycling, machine manufacturing, and daily chores throughout the space of the Trayati Studio. High fubctioning special needs young adults will assist with basic video editing as well. In additi'on, the studio brings outside products from local business for assembly, shipping, and packaging. Yoga will also be apart of the daily Â· routine for the young adults with. disabilities. These transitional young adults with spEcial needs irisit Tuesday thru Thursday,.10am to 3Dm. Retail sales of clothing, teas, videos, etc,... help fuild the Trayati Studio program. The Studio can be rented by certified yoga instructors Friday thru Monday for brivate instruction & workshops. The revenues generated from rentals will benefit the transition program. Kuha Films 1 1 Kuba Films produces and edits personal instructional yoga videos, and other post- production work to our community. Kuba Films founded in 2000 in Aspen has since produced several short films, yoga videos, business videos, Internet commercials, and stock footages. Training in the art of Audio/Visual will be taught to young adults with , special needs. The hours of operation are Monday thru Sunday, 9am to 5pm. Aspen Yoga Coop Studio , The Aspen -Yoga-Coob is operated by area yoga instfuctors. Yoga i.nstructors teach yoga on a donation bases. The-last defense to an economic downturn is usually ones mental. - health. Donation yoga for our community provides an essential tool for this defense. Instructors hold certifications through t.he nationally recognized Yoga Alliance. All ~ Certified instrUCtorS are Welcome. Kids' yoga is offered as an alternative to expensive child-care. Instructors will volun=teer their time to young adults with special needs as, well. Instructors.will donate to the studio on an 'Cable to bases". The hours of operations ~ for the studio are seven days a week, 7am-9:50am and 5pm till close. 112 46 - 04109 C April 22,2011 Mr. Mike Knbasiewicz k. Dwell Pro ,- 465 S Mill Street, 9-B ~ Aspen, CO 81611 I-Â·-Â·a~:WO-1 1-Â·4=t=---Â· - 1 ASPEN/Pma Re: Land Use Code Violation Notice COMMUNHY DEVELOPMEN; DEpanenÂ· Dear Mr. Kubasiewicz, Thank you.for the office visit of Friday April 07,2011 to discuss your business and the. attempts you have made tb adjust you business. to conform to the Service/Commetcial/IndustrialÂ·(SCI) zone district use requirements. Per Â·our discussion (and illustrated by your email dated Sunday April 17, 20 11) Dwell Pro no longer has the Trayati Studio, or Gie Kabu Films aspect and these activities are not longer advertised on the'web site (http://www.dwellpro.com/home.html). However, as we discuised Aspen Yoga Coop Studio (a yoga studio) is.not a permitted use in the -~ zone district under section 26.710.160 Service/Commercial/Industrial (SCI) (exhibit A). Whether the classes are donation only has no bearing on the fact that a yoga studio is not permitted in. theÂ· , zone district , This -lettet shall serve. as a correction notide and requires action from the business owner to addres& the above referenced violation..It is the responsibility of the business owner to comply with permitted uses in the S/C/I Zone District. .You need to cease operation of the yoga business. Alternatively, you may appeal my administrative detennination that a yogei studio is not permitted ~ in the S/Cd zone district as outlined in Chaptpr 26.316 Appeals (exhibit B), section 26.316.030 Appeals Prodedures..Please note that an appeal needs'to be filed within 14 days of the date of this letter and reÂ®ires a deposit of $735.00. If An app'eal is not filed, all opetation of the yoga studio must cease within 30 days of the date Of this letter. Failure tb comply within 30 days of the date .of,this correspondence will result in a summons to- Municipal Court and/or Enes. Please contact Claude Salter, 429-2752 Zoning Officer for the City of Aspen: Regards, , 81,-u 4 , -06Â·~ 11 Claude Saltet City of Aspen I Zoning Enforcement Officer Community Development Department 970-429-2752 (Office) claude.salter@ci.aspen. co.us , Attachments: Exhibit A Chapt* 26.710 Zon6 Districts Exhibit B Chapter 26.31Â·6 Appeals . ' 130 Soum GALENA STEET Â· ASPEN, COLORADO 81611-1975 Â· PHoNE 970.920.5090 Â· -FAX 270.9205439 ' 7./.R In Up,-v.1.* PIll.. 6-Â»*116 EY- \ Pl 5 9 . Nihe:< '/-,h.-1-6--- I . .r. ATTACHMENT 2 -LAND USE APPECAHON PROJECT: - Name: AFes.AL' 60: Co,Â«4.1,U-/1 4 1 *u. (Dis.g,c.-ste,eu t.4 Location: (Indicate stmet address, lot & block number, legal description where apprOpIiate) Parcel ID # (REQUIRED) APPLICANT: MaIne: D we I 1 Pro Inc. Mil<& Mobis\â‚¬WICZ Address: 465 N. M;It St. P.o. Be x 1 041 6 Phode #: 970.915.\061 REPRESENTATIVE: , Name: 3 .O.-,A: . I- ...: 6.-- Amod C a AfT .l , Address: , Phone #: TYPE OF APPLICATION: (pleass check an Ciat apply): GMQS Exemption 2 Conceptual PUD U Temporay Use GMQS Allotment - E Final PUD (& PUD Amendment) U Ted/Map Amendment Special Review Â£ Subdivision U Conceptual SPA -ESA - 8040 Greenline, Stream U Subdivision Exemption Oncludes U Final SPA (& SPA Margin, Hallam Lake Bluff, Coridowkiumization) ' Amendment) Mountain View Plane Â· Commercial Design Review , U Â·Lot Split U SmallÂ·Lodge Conversion/ - Expansion - Residential Design Variance 13/~ Lot Line Adjuslindnt Other: Appegi Conditional Use 1 6.316.030 EXISUNG CONDrnONS: (description of existing buddings, uses, previous approvals, etc.) S.C.'I./ #46 6ten- 9054, Â£'+u,ke. Pilites Studio. Ka-rk=le I * Stuilor skith. skep v,/Inloer re.ftlp , phy.bred Â¥ktra-pist, Brewâ‚¬(V .. . 1, PROPOSAL: (description ofproposed buildings, usbs, modifications, etc.) 1 Allow 1 1.9 1 540 w. to exi it, ~in +Ae EC.I zoned speas 6-9 B a.t 465 N. Mill 54. to ensure i bellacej Derh~Ae nt commu 6+V ' . Have you attached.the following? - FEES DIi: $ 935Â· e # ' E 3?re-Application Conference Sumfnary Â· [R Aftachment #1, Signed Fee Akesment . E Responke to Attachment #3, Dimensional Requirements Form .r D Response to Attachment #4, Submittal Requirements- Including WIitten Responses to Review Standards . p_-9.-iI - zi ~ 3-D Model forlarge project y AN. plans thstarelarger than 83"XII"must befeided. Adisk vdth am electric convefall written text (Microsoft Word Formxt) mirst be submitted as part of the appÂ·tication. Large scale projects should incilide En - ~~ . -'. -3. ~-~ ---6,5---~. electronic 3-D model i.:i z . r. 3 Â·- - 'f --- -3.0-i conrereace su==ary YviE indicate ifteri nust submit a 3-D moaet. -r-- r=-:i--= - - -1-=.-1=*,f -1 .- --% .Â·.. -,--.--/by<%9.:~*-~Â·-:352EPTE*114:-24* 7- u...=-- r-N-091*35td'tÂ·A~32?03â‚¬t - 1 1... ~3934.-41f2132.t~i***AE'%+01. 2- - 17-Ack<---1.-6?.~,s::Ecâ‚¬29;3Â£65*45*21&%64 Un 0 On O El P160 9 1 2-522 Y = 92:* SDI ..=Â·.'29 2 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT -- Agreement for Pavment of Citv of Asnen Develooment Application Fees - * ~ :Â· -9 - Â· CITY OF ASPEN (hereinafter CITY-) and Mi K e K u ba. Si e W & c -2. ~ Ch=inafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an application for ,~ ~ ~ e 4 ~ Chereinafter, THE PROJECT)- 2. APPLICANT understalids and pgrees that the City of Aspen has an adopted fee structure for Land. Use applications and the payment of all processing fees is a condition precedeIlt to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of lhe proposed project, it is not possible at this timd to ascerthin the foll extent of the costs involved in processing the application. , APPLICANT and cirY 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 ars incondd. CITY agrees it will be.benefited through the greater certainty of recoveIing its full costs to process APPLICANT'S application. 4. CITY 2md APPLICANT further agree that it is impracticable for CITY staff to complete . - processing or present sufficient informaticin to the Historic Preservation Commission, Planning and Zoning Commission and/or City Council to enable the Histchic Preservation Commission, Planning and Zoning Commission and/or City Council to make legally mquired~findings for moject consideration, imless current billings are paid in full prior to decision. - 4 5. Themfors, APPLICANT agrees that in consideration of the CITY' s waiver of its Tight to collect ~ , full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $ 135Â· Â°0 whichisfor t hours of Community Development staff time, and if actual recorded costs exceed tile initial deposit APPLICANT shall pay additional monthly billings to CITY to mimburse tbe 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 paymentst shall be made within 30 days of the billing date. - APPUCANT further agrees that failure to pay such accnled costs shall be grounds for suspension ofprocessing, and in no case will building permits be issued until all costs associated with case processing have been paid., CITY OF ASPEN - APPLICANT #1, A. - f '04'eaa,0.8099 1 By: By: Chris Bendon .. 5.1 Â· 1 1 ~ 6/ Community Development Director Date: Billing Address and Telephone Number: P.O. BOX 104 1 6 As{>eA Co 21611 970Â·915- !061 I I - i . *Â·-7 â€¢*-= â€¢19//4-7= - _ .-- = -.--:gig..i/WE# . 4 '-c J,:I.-9.-~203'hi&.7M.02*Ft .,.0. - - -2-----pf-22Â£,2/6--:37#BFAT-=>* Â·Â· ... -4,141â‚¬JF:-1092<224Â¥84=**0 n 1 -24.2 -1.-392#4$52'46*W ' .... ~ j- Â· 7 tui-a 9*23*54â‚¬2*62 , Â· C - f -Â·=tÂ·"=. E'.t. 3-: -9.- I.69122<7*g-- P161 . 22%~7:%14Â»33*-I~~i ~SS j'~I â€¢ - i 925-1061 P.O. Box 10416 Aspen; CO 81612 L # i ; ... I k .1 4.. Zoning Board & Staff, . Thank you for accepting Dwell Pro Inc as a legitimate business in this Community. The location at 465 North Mill St. 98. ts perfect for our operations. Dwell. Pro Inc. formally 24-7 Services has been located in Aspen for 10 years. It has been a difficult and rewarding Journey! The security & insecurity of shop locations throughout town over that period has been excel ling. Dwell Pro Inc.'s is focused on replacing the mop. Our Patent Pending' inachines are the . strongest defender of viruses such as SARi These series of machines are the most powerful & efficient surface cleaning machines on the market. Productivity & Efficidroy lead our charge. The location & floor plan at 465 North Mill St. is perfect. The manufacturing facility, carpeted showroom and rental storage in. front as well as storage facility as a who[e make it ideAl for business. Machine manufacturing is our major. goar. Building a better Mouse- Trap in the Industry of surface cleaning is now coming to fruition. Dwell Pro inc. believes in returning while. growing. We want to give back to the Community now. - The location at 465 N Mill St. enables Dwell Pro Inc. to successfully function as a business and allow a yoga co-op to operate on its storage/showroom floor. This -yoga co-op helps continuing efforts to enable our community. it- a[so helps to supplement Dwell Pro Inc., a local business. Dwell Pro Inc. would like you to accept this business proposal. We at Dweil Pro. inc. and the Aspen yoga co-op would be grateful for the opportunitÂ¢ to present our many bositive thoughts on this proposal. Sincerely, 1\like Kubasiewicz . President Dwell Pro inc. 7 - .Â·' ult Â·Â· iÂ¢' 9 5,1 P162 E-Â«M- E . Chapter 26.316 APPEALS Sec. 26.316.010 . Appeals, purpose statement Sec. 26.316.020 Authority Sec. 26.316.030 Appeal procedures Sec. 26.316.010.Appeals, purpose statement. The purpose of this Chapter is to establish the authority of the Board of Adjustment, Growth Management Commission, the Planning and Zoning Commission and City Council to hear and decide certain appeals and to set forth the procedures for said appeals. (Ord. No. 17-2002, Â§2 [part-]) Sec. 26.316.020.Authority. A. Board of Adjustment. The Board of Adjustment shall have the authority to hear and decide the following appeals: ' 1. The denial of a variance pursuant to Chapter 26.314 by the Planning and Zoning Commission or Historic Preservation Commission. B. City Council. The City Council shall have the authority to hear and decide the following appeals: 1. An interpretation to the text of this Title or the boundaries of the zone district map by the Community Development Director in accordance with Chapter 26.306. An appeal of this nature shall be-a public meeting. 2. Any action by the Historic Preservation Commission in approving, approving with conditions or disapproving a development application for development in an "H," Historic Overlay District pursuant to Chapter 26.415. An appeal of this nature shall be a public meeting, 3. The scoring determination bf the. Community Development Director pursuant to Chapter 26.470. An appeal of this nature shall be apublic meeting. 4. The allocation of growth management allotments by the Planning and Zoning Commission pursuant to Chapter 26.470. An. appeal of this nature shall be a public meeting. 5. Any other appeal for which specific authority is not granted to another board or commission as established by this Title. An appeal o f this nature shall be a public meeting. C. Planning and Zoning Commission. The Planning Â·and Zoning Commission shall have the authority to hear and decide an appeal from an adverse determination by the Community Development Director on an application for exemption pursuant to the Growth Management Quota System in accordance with Subsection 26.470.060.D. of this Title. City of Aspen Land Use Code Part 300, Page 35 ~trative Hearing Officer. The Administrative'Hearing Officer shall have the authority to P163 / hear an appeal from any decision or determination made by an administrative official unless otherwise / specifically stated in this Title. (Ord. No. 17-2002, Â§2 [part]; Ord. No. 27-2002, Â§23; Ord. No. 12, 2007,Â§18) See. 26.316.030.Appeal procedures. A. Initiation. Any person with a right to appeal an adverse decision or detennination shall initiate an appeal by filing a notice of appeal on a form prescribed by the Community Development Director. The notice of appeal shall be filed with the Community Development Director and with the City office or department rendering the decision or detdrmination within fourteen (14) days of the date of the decision or determination being appealed. Failure to file Â·such notice of appeal within the prescribed time shall 1 constitute a waiver ofany rights under this Title to appeal any decision or determination, B. Effect of filing an appeal. The filing of a notice of appeal shall stay any proceedins in furtherance of the action appealed from unless the Community Development Director certifies in , writing to the chairperson of the decision-making body authorized to hear the appeal that a stay poses ' an imminent peril to life or property, in which case the appeal shall not stay further proceedings. The chairperson of the decision-making body with authorityÂ· to hear the appeal may review such certification and grant or deny a stay of the proceedings. C. Timing of appeal. The decision-making body authorized to hear the appeal shall consider the appeal within thirty (30) days of the date of filing the notice of appeal or as soon thereafter as is practical under the circumstances. D. Notice requirements. Notice of the appeal shall be provided by, mailing to the appellant and by publication to all other affected parties. (See Subsection 26.304.060[ED. E. Standard of review. Unless otherwise specifically stated in this Title, the decision-making body authorized to hear the appeal shall decide the appeal based solely upon the record established by the body from which the appeal is taken. A decision or detennination shall be not be reversed or modified unless there is a finding that there was a denial of due process or the admihistrative body has exteeded its jurisdiction or abused its discretion. F. Action by the decision-making body hearing the appeal. The decision-making body hearing the appeal may reverse, affirm or modify the decision or determination appealed from and, if the decision is modified, shall be deemed to have all the powers ofthe officer, board or commission from whom the appeal is taken, including the power to impose reasonable conditions to be complied with by the appellant. The decision-making body may also elect to remand an appeal to the body that originally heard-the matter for further proceedings consittent with that body's jurisdiction and directions given, if any, by the body bearing the appeal. The decision shall be approved by written resolution. All appe-als shall be public meetings. (Ord. No. 55-2000, Â§Â§4,5; Ord. No. 27-2002, Â§24; Ord. No. 12,2007, Â§19) City o f Aspen Land Use Code Part 300, Page 36 , P164 t-7~t33\T t- AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE A-DDRESS OF PROPERTY: . 465 fS. M.,41 9-re+ , Aspen, CO SCHEDULED PUBLIC HEARING DATE: Taran,_SL_ 1 B> 9.. E-' 0 0 D-rn , 201.l- STATE OF COLORADO ) ) SS. County of Pitkin ) , SE-1 (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 odcial paper or a paper of general circulation in the City of Aspen at least fifteen (14 ./...... days prior to the public hearing. A copy of the publication is attached hereto. Posting ofnotice: 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 ,20 .,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 firkt class postage - :*repaid U.S. mail to all owners of property within three hundred (300) feet of the - .....z. 4,_ br-60Â¢rty subject to the development application. The names and addresses of 7 1 1 5 . ptop#ty owners shall be those on the current tax records of Pitkin County as they Â· - a app%.tred no niorethan sixty (60) days prior to the date o f the public hearing. A -- '- 80* of the owners and governmental agencies so noticed is attached hereto. (Continued on next page) P165 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 Ihade by repeal of this Title and enactment of a new land use regulation or othbrwise, 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. 31_ 3-- Signature / The foregoing "Affidavit ofNotice" was acknowledged before me this 2 day ' of U:i Â»,AL , 2011, by . 9~16 E.A. 6(11 1 WITNESS MY HAND AND OFFICIAL SEAL . . PUBLIC NOTICQ 1 RE: ADMINISTRATIVE R'*TERMINAnON Â·Â·Â·. Â· DEAL (SERVICE/COMMEÂ®IAL/ INDUSTRI- ~ 'ONE DISTRICT) ~ My commission expires: 21.~ Â£61. LD_ . JT]CE JS HEREBY GYVEN Ihat a public hearing will be held on Monday, June 13, 2011, to begin at 5:00 p.m. before the Aspen City Council, City ~ ' Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an appeal of an admin:strative 44 U -. determination, subm-med by Mike Kubasiewicz, PO_ Box 10416, Aspen, CO 81612, The administrative , determination concluded that a yoga studio is not a l N-otaly Public h permitted use in the Service/Commercial/Industrial (S/Ul) zone district and cannot operate from the I location commonly known as 465 S. Mill Street, 1 9-8. For further information, contact Jennifer Phelan at the City or Aspen Community Development Department, 130 S. Galena St., Aspen, CO 970-920-5090,(crby email I dennitr.Phe*naw:azeâ‚¬Â£1=.us)Â· 2-Mig.bQLQ-kelini-Qhair Aspen City Council ~ ATTACHMENTS AS APPLICABLE: Published in the Aspen Times Weekly on May 29, UBLICATION 2011. [6562879] DF THE POSTED NOTICE (SIGN) VNERS AND GOVERNMENT AGENGIES NOTIED 15 Y MAIL * APPLICANT CERTICICATION OF MINERAL ESTATE OWNERS NOTICE AS REQUIRED BY C.R.S. Â§24-65.5-103.3 L . ~. .: r '. r. : L,=1--62-04Â»6462(.31444904%*E..j F -Â·- .=,- -- -:--*-- ai~= f Â·, ---: ..132Â·:-.=:.- .Jf-'32'wÂ·â‚¬dyÂ·'--j--,'gij ..2Â·344-p-â‚¬*41*k23{*fit.~.4:4 Â· .' :-'..~. ~Â·1 3Â· ~.-i:q-u.,:Â·-11:~F-Â·:'21-FI23-5-6..6-.O.5191...-*-FEJ&--.Ii>-s-i;9-Mg.*ity;*%%*-f*Fir.'-1 -. 77 :Â·-- . c.-_-2 62--1-*21*.1212-1-2.4&*lkiRE Â·EE&74&â‚¬E}R:'iia,&11=23Â£=925;52<ZE&*MISOâ‚¬~22 2 P166 May 27, 2011 Mr. Mike Kubasiewicz PO Box 10416 Aspen, CO 81612 - RE: ADMINISTRATIVE DETERMINATION APPEAL (Permitted Uses in the S/C/I zone district) Dear Mike, Â· As required per Section 26.316.020 D., Notice Requirements, of the land use code notice is ' hereby given that a public hearing is scheduled on Monday, June 13, 2011, to begin at 5:00 p.m. before the Aspen City Council, City Council Chambers, City Hall, 130 S. Galena St., Aspen. The purpose of the hearing is to consider an appeal of an administrative determination, submitted by ' you; however, as we discussed earlier this week you requested a continuance to June 271 To , accommodate y.our request the,hearing will be continued to that subsequent date. 2 The administrative determination concluded that a yoga studio is not a pennitted use in the Service/Commercial/Industrial (S/C/I) zone district and cannot operate from the location commonly known as 465 S. Mill Street, 9-B. For further information, please feel free to contact me at 970.429.2759 or by email Jennifer.Phelan@ci.aspen.co.us. A memo will be emailed to you in the near fuhire. Regards,Â·~ 0.09 141_ Jenifer Phelm Deputy Plimning Director ~ i i ' n Â·.,.~,~ ~~agi08Gla=â€¢mal~.u.EZ~~ m Complete items 1,2, and 3. Also complete A Signature 1 ttem 4 if Restricted Delivery is desired. I m Print your name and address on the reverse E Addressf 0 Agent 1 ..iso that we can return the card to you. B. Received by ( Printed Name) C. Day of Delivei 2 liÂ·*itach this card to the back of the mailpiece ' M, EL Itub,A. 6- 4/44 1 or on the front if space permits. - D. Is dellvery address different from item 1 ?' 2]0Yes 1. Article Addressed to: _ - - .. . If YES, enter delivery address below: D No - 1|11|1111|111|11111|1111111,1111 Mr. Mike Kubasiewicz PO Box 10416 3. 395(ice Type Aspen CO 81612 ~DerEfied Mail O Express Mail Â¤ Registered Â£ Return Receipt for Me "s E Insured Mai! DC.O.D. 4. Restricted Delivery? (Extra Fee). D Yes Article Number Â·Transfer from service labeD 91 7199 9991 7030 0719 1565 Form 3811, February 2004 Domestic Return Receipt 102595Â·-02-14-15 ---:....4-0-â‚¬453*':41Â·3...134â‚¬1 Â·Â· =+ w SEN' N. COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY â€¢ C~|Fete items 1, 2, and 3. Also complete A Signature item 4 if Restricted Delivery is desired. x 744_,25Â¢10 O Agent â€¢ Print your name and address on the reverse Â¤ Addressee so that we can return the card to you. B. Received by (Printed Name) C. Dat, of Delivery â€¢ Attach this card to the back of the mailpiece, "119 164,4-fic-/u/ (0/4/f ./ F or on the front if space permits. D. Is delivery address different from item 1 ? Yes 1. Article Addressed to: If YES, enter delivery address below: Â¤ No lilli lili lilli lilli IllIIIll,l1ll Mr. Mike Kubasiewicz PO Box 10416 3. S,*ice Type ~ Aspen CO 81612 ~>El,Certifled Mail O Express Mail O Registered Â¤ Ret,m Receipt for Merchandise Â¤ Insured Mail Â¤ C.O.D. 4. Restricted Delivery? (Edra Fee O Yes i iber im service label) 91 7199 9991 7030 0719 1565 corm 3811, February 2004 Domestic Return Receipt 102595-02*1540 [*1 /Â· r UNITED STATES POSTAL SERVICE First-Class Mi~ Postage & Feerfaid USPS Permit No. G-10 0 Sender: Please print your name, address, and ZIP+4 in this box ' lilli ,,/lll'lll'''Illl!lll'illll 4 City of Aspen Attn: Jennifer Phelan 130 S. Galena Street I Aspen, CO 81611 X 6, MEMORANDUM TO: Mayor Ireland and Aspen City Council THRU: Chris Bendon, Community Development Director 4* FROM: Jennifer Phelan, Deputy Planning Director RE: 465 N. Mill Street - Appeal of permitted uses within the~f~ Service/Commercial/Industrial zone district MEETING DATE: June 13,2011 NOTE: The applicant has requested a continuation of the hearing on the above noted appeal before City Council due to a scheduling conflict. The applicant is requesting the hearing be continued to June 27,2011. STAFF RECOMMENDATION: Staff recommends that City Council permit the continuation of the hearing. RECOMMENDED MOTION (ALL MOTIONS ARE WORDED IN THE AFFIRMATIVE): "I move to continue the hearing on an Appeal o f permitted uses within the Service/Commercial/Industrial zone district to June 27,2011." CITY MANAGER COMMENTS: -11â‚¬/A AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: . 466- S. M.4/ UrgeJ- , Aspen, CO SCHEDULED PUBLIC HEARING DATE: -3La- 1 3,0 57 Do f-rn , 20 1/ STATE OF COLORADO ) ) SS. County of Pitkin ) i. (name, please print) _45 abl ScoÂ«c~ 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: t/~ 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 ofnotice: 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 , 20 , 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 o f 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. 9~r - 3 6Â»A--9 Signature The foregoing "Affidavit ofNotice" was acknowledged before me this 2 day of -U=iÂ»,NL- , 2011, by .9('v'W~+U-L SCIL.1 WITNESS MY HAND AND OFFICIAL SEAL My commission expires: 21.~ Â£61 Â£ 1 tj- n.n., NWIA 14-4 Notary Public ATTACHMENTS AS APPLICABLE: * COPY OF THE PUBLICATION * PHOTOGRAPH OF THE POSTED NOTICE (SIGN) * LIST OF THE OWNERS AND GOVERNMENT AGENGIES NOTIED BY MAIL * APPLICANT CERTICICATION OF MINERAL ESTATE OWNERS NOTICE AS REQUIRED BY C.R.S. Â§24-65.5-103.3 z= ~~flft+lt*ilittfit ~Ki t ti 44@iii. 2%213%:> %1 1 E 58/1,3.i/#210$8 31 i 4 B lis:31:*55&-1-1:39-â‚¬-4 Vt - ~ &2:= 1~1~AbagED;Eatki : s - 8 , = -42 a. :im 8-aet - 6 2 ic. mi . 1 =21-0-- m c .2.--cucÂ·c -- 3 &31.831&Â§2*i :RizE# ~: =Jw %23&%-92-*1%65:*01 2 38 Hs:lakfism-Â£Pallf.fit li , *~~ 21382%21&89,6Â£0<34 Inistrat 1 NT'912 59 s 1 e '1:% 10411 n E-'.~-G./ifia 4 May 27,2011 Mr. Mike Kubasiewicz PO Box 10416 Aspen, CO 81612 RE: ADMINISTRATIVE DETERMINATION APPEAL (Permitted Uses in the S/Cd zone district) Dear Mike, As required per Section 26.316.020 D., Notice Requirements, of the land use code notice is hereby given that a public hearing is scheduled on Monday, June 13, 2011, to begin at 5:00 p.m. before the Aspen City Council, City Council Chambers, City Hall, 130 S. Galena St., Aspen. The purpose of the hearing is to consider an appeal of an administrative determination, submitted by you; however, as we discussed earlier this week you requested a continuance to June 2701. To accommodate your request the hearing will be continued to that subsequent date. The administrative determination concluded that a yoga studio is not a permitted use in the Service/Commercial/Industrial (S/C/I) zone district and cannot operate from the location commonly known as 465 S. Mill Street, 9-B. For further information, please feel free to contact me at 970.429.2759 or by email Jennifer.Phelan@ci.aspen.co.us. A memo will be emailed to you in the near future. Regards, 6,4 2 TUL-\ Jenifer Phelan Deputy Planning Director \ C hE Leâ€¢5Â«~ 40 E-N\iteh- CERTIFIED MAIL* *~ PIT NEY BOWFS THE CITY OF ASPEN : 02 14 $ 05.590 130 SOUTH GALENA STREET F;~~tZ]â€¢11:~5;.~ 0004626326 MAY27 2011 ., ASPEN, COLORADO 81611-1975 91 7199 9991 7030 0719 1565 1~â„¢31~02.u MAILED FROM ZIPCODE 81611 fÂ¥14 Ad bAS-cul-cra- 3Â© x AL AÂ·gon < co <34 6 l-2\ Â® Printed On Recycled Paper .Â· SET' -R: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY â€¢ C.Blete items 1, 2, and 3. Also complete A Signat61Wt[~0 u._-Â·0~0~ item 4 if Restricted Delivery is desired. x l- ,/01 Â¤ Agent 11/ â€¢ Print your name and address on the reverse Â¤ Addressee so that we can return the card to you. B Bec 'ved by f C. Date of~elivery ; â€¢ Attach this card to the back of the mailpiece, 2: 4 2331 f,n~, or on the front if space permits. D. Is delivery address different from item 1? I Yes | 1. Article Addressed to: If YES, enter delivery address below: Â¤ No 1 1>wÂ·ent pm |Alle . M:.\4- \<daeewict- ~ 90 09*574 ( 04.1 6 4,11 00 <islG\2- 3. Byice Type ' Certified Mail O Express Mail 'N O Registered Â¤ Return Receipt for Merchandise Â¤ Insured Mail Â¤ C.O.D. 4. Restricted Delivery? (Extm Fee) Â¤ Yes ~ 2. 1 Number fer from serWce /at)eO 91 7108 2133 3934 3805 8471 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 UNITED STATES POSTAL SERVICE First-Class Mail~ Postage & Fees,Â·aid USPS Permit No. G-10 0 Sender: Please print your name, address, and ZIP+4 in this box 0 1 CL.L~ 0-W__ 7~Sew Aut. 1 V-PA- 130 5- 94Â« 6' Â»0 CO m" 1 THE CITY OF AspEN Land Use Application Determination of Completeness Date: May 16,2011 Dear City of Aspen Land Use Review Applicant, We have received your land use application and reviewed it for completeness. The case number and name assigned to this property is 0030.2011.ASLU - SCI Appeal. The planner assigned to this case is myself. J Your Land Use Application is incomplete: We found that the application needs additional items to be submitted for it to be deemed complete and for us to begin reviewing it. We need the following additional submission contents for you application: Please submit the aforementioned missing submission items so that we may begin reviewing your application. No review hearings will be scheduled until all of the submission contents listed above have been submitted and are to the satisfaction of the City o f Aspen Planner reviewing the land use application. ,4 Your Land Use Application is complete: C If there are not missing items listed above, then your application has been deemed complete to begin the land use review process. We will be scheduling your appeal before the City Council on Monday, June 13,2011. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2759 if you have any questions. Thw~k Yot-Â·Â·Â·.g ' ifer t!*lan, Deputy Director , City of Aspen, Community Development Department For Office Use Only: Qualifying Applications: Mineral Rights Notice Required SPA PUD COWOP Yes- No_25 Subdivision (creating more than 1 additional lot) GMQS Allotments Residential Affordable Housing Yes No 7- Commercial E.P.F. Im ~ 61\ACKE ~L guu -gt~. I. '. illi;11911!lvibillililliallill'll'llilli . 1 1 02*94Â»=-- #9 21 000462632 MAY 1 6 201 f,SES POst Z 4.4- 4 :20'A~Imm,-mmy iri J "70,4 Â·emerlpfiM piTNE V BOWES THE CITY OF ASPEN 16... 1-,ru.9/ F. 02 lA $ 05.590 130 SOUTH GALENA STREET 91 7108 2133 3934 3805 8471 lf*,40mni: MAILED FROM ZIPCODE 81611 ASPEN, COLORADO 816111975 44044Â·. VE JAC *O&.jituact Â£32) fÂ» (al-ll.0 A5p-41 Â£ C ZI~)~~ 6 l 7-- ~ Printed On Recycled Paper 1 , I 925-1061 RECENEDpo Box 10416 Aspen, CO 81612 Â· ~ MAY 4 2011 CITY OF ASPEN Zoning Board & Staff, COMMUNITY DEVELOPMENT Thank you for accepting Dwell Pro Inc as a legitimate business in this Community. The location at 465 North Mill St. 9B. is perfect for our operations. Dwell Pro Inc. formally 24-7 Services has been located in Aspen for 10 years. It has been a difficult and rewarding Journey! The security & insecurity of shop locations throughout town over that period has been excelling. Dwell Pro Inc.'s is focused on replacing the mop. Our Patent Pending machines are the strongest defender of viruses such as SARS. These series of machines are the most powerful & efficient surface cleaning machines on the market. Productivity & Efficiency lead our charge. The location & floor plan at 465 North Mill St. is perfect. The manufacturing facility, carpeted showroom and rental storage in front as well as storage facility as a whole make it ideal for business. Machine manufacturing is our major goal. Building a better Mouse Trap in the Industry of surface cleaning is now comingÂ· to fruition. Dwell Pro Inc. believes in returning while growing. We want to give back to the Community now. The location at 465 N Mill St. enables Dwell Pro Inc. to successfully function as a business and allow a yoga co-op to operate on its storage/showroom floor. This yoga co-op helps continuing efforts to enable our community. It also helps to supplement Dwell Pro Inc., a local business. Dwell Pro Inc. would like you to accept this business proposal. We at Dwell Pro Inc. and the Aspen yoga co-op would be grateful for the opportunity to present our many positive thoughts on this proposal. Sincerely, Mike Kubasiewicz . - 77UU 3264â€¢de-vÂ¥/7 Presidept DWell Pro Inc. ~ 1 PRO~3 RECEIVED MAY 4 2011 ATTACHMENT 2 -LAND USE APPLICATION PROJECT: CITY OF ASPEN Name: IDE,u. D.22:f&46; i r..:- uit,EN~; Location: (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) APPLICANT: Name: D we Il Pro Inc. MiX e 16,6,~siew; ce Address: 465 N.Mill St. P.O. BOX 104 1 6 Phone #: 910Â·925'lo61 REPRESENTATIVE: Name: ~ AAE 49 A~LlcANT Address: Phone #> TYPE OF APPLICATION: (plgase check all that apply): GMQS Exemption O Conceptual PUD O Temporary Use GMQS Allotment O Final PUD (& PUD Amendment) Â¤ Text/Map Amendment Special Review O Subdivision O Conceptual SPA ESA - 8040 Greenline, Stream D Subdivision Exemption (includes O Final SPA (& SPA Margin, Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane Â£ Commercial Design Review O Lot Split - ' E Small Lodge Conversion/ Expansion Â£ Residential Design Variance O Lot Line Adjustment ,0 Other: A ppea,1 O Conditional Use 1-6.316.030 EXISTING CONDITIpNS: (description ofexisting buildings, uses, previous approvals, etc.) S.C.1.~ k.g 6tcn - 0034 5+u.ko, pi icies Studio, Kdr<11 stul{K, skalte Skop w/in joor reu.p, phyricd t.kirdpist, Brev445* PROPOSAL: (description ofproposed buildings, uses, modifications, etc.) Allow a. 1.94 st.Jia to exict in +ke EC.I zoned spatts- 6-9 B .t 465 N. Mill Et. to ensure i bqlqncej permAnent community Have you attached the following? FEES DUE:$135.0- ~ J?re-Application Conference Summary [9'Attachment #1, Signed Fee Agreement O Response to Attachment #3, Dimensional Requirements Form El Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards 0 3-D Model for large project All plans that are larger than 83" X 11" must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre-application conference summary will indicate if you must submit a 3-D model. onom --CEIVED CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT MAY 4 2011 Agreement for Pavment of â‚¬ltv of Asuen Development Application Fees CITY OF A-SPEN CITY OF ASPEN (hereinafter CITY) and MIKE Kubo,Siewl CiCOMMUNITY DEVELOPMENT (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an application for Appeâ€¢I (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 panics 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 detennination of application completeness, APPLICANT shall pay an initial deposit in the amount of $ 735 ' 00 which is for 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 APPLICANT ;Ue- 210444 By: By: Chris Beâ„¢ion 5Â· 2 . Il C ~y Development Director Date: Billing Address and Telephone Number: p.0- gox 104 1 6 AspiA CO R!611. 970Â·925-1061 042 'AO,~*> 00% . 20 11 Â· 96 Lil i...i.#,Ki ..,A~hA~*,3*,2~li.1'~F~~~UU..6,lam:42.4.Aâ„¢ i , --M. -2-- Ble Edit Record Navigate Farn Reports Format Iab *4 1@@ IX I )/ 2%'@~i Q] 6 3 ~aÂ·~ i N 1 , >I O j & lump 1 C *~i Ol@~ li 2 e W B @ 0 .iia .3 2 3 0 3 9 9/ Rogting 5tatus |Fees IFee SummarY ~Actions |Attachments|Routing distory |Valuation |Arch/Eng |Custom Fields |Sub Bermits 4 ) .' ) .: d. , 1.E" 'WI ,"481.- prmit type aslu Aspen Land Use Permit # 0030.2011 .ASLU BAN" aill ~ Address 465 N MILL Aptj5uite I City ASPEN -_~051:ate ~ Zip 81811 -.fi~ - Permit Information Master permit Routing queue aslu07 Applied 5/42011 i Project 5tatus pending Approved â€¢ Description APPEAL OF COMMUNITY DEVELOPMENT DECISION Issued 1 7 Final v : 5, rval -12 * Submitted MIKE KUBASISMCZ 925 1 061 clock ~ Days ~-6~ Expires 4/28/2012 . Submitted via Owner -1,4 Last name DW'ELL PRO, INC First name MIKE 456 NORTH ML ./.4 ASPEN CO 81611 1*h Phone (970) 925-1061 Address Applicant 0 Owner k applicant? Il Contractor is applicant? Last name D,Al'ELL PRO, INC First name MIKE 456 NORTH ML ASPEN CO 81611 Phone (970) 925-1061 Cust # 29013 Address 2 Lender M name - Phone ()- Address 41\t Displays the permit lender's address . MAspenGokE {server] angelas ~~~ 1 oil ,:i Ce {to 9 44,4 4735-' 1 97Â£ 434 Com Â» .ek 216 3 5 70 6x 104.16 Aten Ce â‚¬412- $960 Ng)!nol 1,= xoqlooil [â€žsdnoig qell CITY OF ASPEN tyler Permit Receipt TECHNOLOGIES RECEIPT NUMBER 00029538 Account Number: 29013 Date: 5/4/2011 Applicant: MIKE DWELL PRO, INC Type: check #1104 Permit Number Fee Description Amount 0030.2011.ASLU Aspen Land Use App Fees 735.00 Total: $735.00