HomeMy WebLinkAboutlanduse case.tu.557 N Mill St.002.2012.ASLU Ifr
THE CITY OF ASPEN
City of Aspen Community Development Department
CASE NUMBER 0002.2012.ASLU
PARCEL ID NUMBERS 2737 07 730 0013
PROJECTS ADDRESS 557 N. MILL ST
PLANNER JENNIFER PHELAN
CASE DESCRIPTION TEMP USE FOR X GAMES
REPRESENTATIVE BEAU BROWN
DATE OF FINAL ACTION 1.23.12
CLOSED BY ANGELA SCOREY ON: 1.27.12
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P. DesaOtion APPLICATION FPR TEMP USE PERMIT FOR THEE HOUSE; .FE X GAMES Issued
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NOTICE OF APPROVAL
For a Temporary Use Permit at 557 N. Mill Street, Unit 241, Aspen, CO
Parcel ID No. 273707300013
REPRESENTATIVE: Juan Casas
APPLICANT: Nikos Hecht, North Mill Street Investors
SUBJECT & SITE OF APPROVAL: Temporary Use Permit for 557 N. Mill Street, Unit 241,
involving the short-term rental of the subject unit to be used for Thee House Life Project during the X-
Games event (January 22 - 30, 2012). The applicant is requesting a Temporary Use Permit, pursuant
to Land Use Code Chapter 26.450, Temporary and Seasonal Uses.
SUMMARY:
The Applicant has requested a Temporary Use Permit from January 22 — 30, 2012, from the hours of
lam — 12am, to allow the subject unit to be used for a variety of activities such as yoga exercise,
computer video gaming and meet and greets with X Games athletes. This will be known as Thee
House Life. All activities will occur inside the premise.
STAFF EVALUATION:
Pursuant to Chapter 26.450, Temporary and Seasonal Uses of the City of Aspen Land Use Code, Staff
finds the request meets the requirements of an Insubstantial Temporary Use. The property exists in the
Service /Commercial /Industrial (SCI) zone district and although it would not be permitted as an
ongoing use in the zone district, it is temporary in nature. Staff believes the applicant's requested use is
appropriate in that it will add interest to the area, help to create a vibrant environment and celebrate the
festivities of the X- Games, and will have minimal impact upon the surrounding area. Staff feels the
applicant's request will have no significant impact on vehicular traffic, noise levels or the current
character of the neighborhood. Furthermore, this request will not negatively impact general public
health, safety or welfare.
DECISION:
The Community Development Director finds the request for Thee House Life at 557 N. Mill
Street as noted above is consistent with the review criteria (Exhibit A) and thereby, APPROVES
the temporary use as specified above.
APP OVED BY
f. is Bendon
( 2S ate
Community Development Director
Attachments:
Exhibit A - Review Standards •
Exhibit B - Application pg. 1
Exhibit A
Review Criteria and Staff Findings
Sec. 26.450.030. Criteria applicable to all temporary uses.
When considering a development application for a temporary use or an insubstantial temporary use,
the Community Development Director or City Council shall consider, among other pertinent factors,
the following criteria as they or any of them, relate thereto:
A. The location, size, design, operating characteristics and visual impacts of the proposed use.
Staff Response: The proposed use will operate from January 22 — 30, 2012, from the hours of 7am —
12am, to allow the subject unit to be used for a variety of activities such as yoga exercise, computer
video gaming and meet and greets with X Games athletes. All activities will occur inside the premise
and will not create visual impacts. Staff finds this criterion met.
B. The compatibility of the proposed temporary use with the character, density and use of structures
and uses in the immediate vicinity.
Staff Response: The surrounding uses in the immediate vicinity are a mix of mostly service and
commercial in the area. The proposed temporary use is found to be compatible with the character,
density and use of these structures. Stafffinds this criterion met.
C. The impacts of the proposed temporary use on pedestrian and vehicular traffic and traffic patterns,
municipal services, noise levels and neighborhood character.
Staff Response: It is anticipated that the proposed use will have minimal impact on vehicular traffic,
municipal services, and neighborhood character, There will likely be an increase in pedestrian traffic
throughout the area in general due to the X -Games event and visitors to Thee House Life; however,
this is not anticipated to be significant due to the proposed temporary use. Staff finds this criterion
met.
D. The duration of the proposed temporary use and whether a temporary use has previously been
approved for the structure, parcel, property or location as proposed in the application.
Staff Response: The temporary use is proposed to take place from January 22 " — 30` 2012, from 7am
— 12am. No other temporary use has been previously proposed for this structure, parcel, property or
location during these dates /times. Staff finds this criterion met.
E. The purposes and intent of the zone district in which the temporary use is proposed.
Staff Response: The temporary use is located within the Service /Commercial /Industrial (SCI) zone
district. The purpose of this district is to allow locally serving, primarily non - retail small area.
Although the temporary use would not typically be permitted on a permanent basis within this zone
district, the short time period is not anticipated to negatively impact the zone district. Staff finds this
criterion met.
pg. 2
F. The relation of the temporary use to conditions and character changes which may have occurred in
the area and zone district in which the use is proposed.
Staff Response: There are no changed conditions in the SCI zone district that would affect this
proposal. The proposed temporary use will bring interest and help encourage pedestrian traffic in the
area. Staff finds this criterion met.
G. How the proposed temporary use will enhance or diminish the general public health, safety or
welfare.
Staff Response: It is not anticipated that the proposed temporary use will in any way diminish the
healthy, safety, or welfare of the general public. This use is intended to enhance the atmosphere of the
City during the X -Games event. Stafffinds this criterion met.
pg. 3
1 eict
ATTACHMENT 2 -LAND USE APPLICATION
PROJECT:
Name: 1 t� <' ��E �.
Location: 5
/( co 77 kk, :1- f1L-vSr 1, a ci C s( 6'tI
(Indicate street address, lot & block number, legal description where appropriate)
Parcel ID # (REQUIRED) _27 3 -71
APPLICANT:
Name: � o )•-et c- (4 cssl /t 9
Address: 7049 'C;�iz'�'i' 7
Phone #: g( 1 (C) (pP(O(
REPRESENTATIVE:
c
Name: "-' ■� O; f� � / `��
Address:
/ �. / O -
D(JC! {� S)c�i1L ° �- a S� 7 C1 t �C�'� T
Phone #: . ?14 - 3( b C � (
TYPE OF APPLICATION: (please check all that apply):
❑ GMQS Exemption
❑ Conceptual PUD Temporary Use
❑ GMQS A Final PUD (& PUD Amendment) ❑ Text/Map Amendment
Allotment ❑ ❑ Conceptual SPA
❑ Special Review ❑ Subdivision
❑ ❑ Subdivision Exemption (includes ❑ Final SPA (& SPA
ESA - 8040 Greenline, Stream Amendment)
Margin, Hallam Lake Bluff, condominiumization)
Mountain View Plane
❑ ❑ Lot Spli ❑ Small Lodge Conversion/
Commercial Design Review Expansion
❑ Lot Line Adjustment ❑ Other:
Residential Design Variance ❑ 1
f Conditional Use
EXISTING CONDITIONS: (description of existing buildings, uses, previous -1---- �� a t
)
A C r ��
\( .t -- � oiuYCF-c ISL CI i
PROPOSAL: (description of� buildings, uses, modifications, etc.)
+-I fc-'51 3kR`f if A `3 3C - e - C' 11-1 ' � e (-'-,- 2/1--if 3-d +2V
I FEES DUE: $ /
Have you attached the following?
R re- Application Conference Summary
• Attachment #1, Signed Fee Agreement
❑ Response to Attachment #3, Dimensional Requirements Form
❑ Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards
❑ 3 -D Model for large project
AB plans that are larger than 8.5" 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.
C J
COMMUNITY DEVELOPMENT DEPARTMENT Li
Agreement to Pay Application Fees
An agreement between the City of Aspen ( "City ") and
Property Phone No.:
Owner ( "I "): Email:
Address of Billing Address:
Property: 5 N . t" \-- -1� - (send bills
(subject of here)
application) �
I understand that the City has adopted, via Ordinance No. , Series of 2011, review fees for Land Use applications and the
payment of these fees is a condition precedent td determining application completeness. I understand that as the property
owner that I am responsible for paying all fees for this development application.
For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees
are non - refundable.
$ flat fee for $ flat fee for
$158 flat fee for Administrative Temporary Use Review. $ flat fee for
For deposit cases only: The City and 1 understand that because of the size, nature or scope of the proposed project, it is
not possible at this time to know the full extent or total costs involved in processing the application. I understand that
additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to
complete processing, review, and presentation of sufficient information to enable legally required findings to be made for
project consideration, unless invoices are paid in full.
The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned
to the City shall be considered by the City as being received by me. 1 agree to remit payment within 30 days of
presentation of an invoice by the City for such services.
I have read, understood, and agree to the Land Use Review Fee Policy including consequences for non- payment. I agree
to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit
does not render an application complete or compliant with approval criteria. If actual recorded costs exceed the initial
deposit, I agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at
the hourly rates hereinafter stated.
Q deposit for 0 hours of Community Development Department staff time. Additional time above the deposit amount will
be billed at $315 per hour.
v0 deposit for 0 hours of Engineering Department staff time. Additional time above the deposit amount will be billed at
$265 per hour.
City of Aspen: Property Owner:
Chris Bendon Name: 'v wit Stith fwesh
Community Development Director
City Use: Title: fl r.o.-, f f'lf: AVM 1' 4 Li State Lit I Fees Due: $158 Received: $ c.PV
3toied
November, 2011 Cit} of Aspen 130 S. Galena St. ! (970) 920 -5090
3
CITY OF ASPEN
PRE- APPLICATION CONFERENCE SUMMARY
PLANNER: Jennifer Phelan, 429 -2759 DATE: 1/3/2012
PROJECT: Temporary Use in the SCI zone district for THEE HOUSE LIFE
REPRESENTATIVE: Brittanie Rockhill, SDS Real Estate, Inc.
TYPE OF APPLICATION: Temporary Use
DESCRIPTION:
An available storefront in the Service/Commercial /Industrial zone district is proposing to operate THEE HOUSE LIFE during
the X Games. The operation will include yoga for athletes, a gallery, music, a bar /lounge as well as other components.
The event will run from Jan 21 — Jan 30, permitting for set -up and break -down. A Temporary Use approval is required for the
non -SCI use of the property
Land Use Code Sections)
26.304 Common Development Review Procedures
26.450 Temporary and Seasonal Use
Review by: Staff for complete application
Administrative decision
Public Hearing: No
Planning Fees: $158 Flat Fee
Total Deposit: $158
Total Number of Application Copies: 2 Copies
To apply, submit the following information
n Total Deposit for review of application.
El Pre - application Conference Summary.
1 I A letter from the property owner consenting to the application
r j Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the
name, address, and telephone number of the representative authorized to act on behalf of the applicant.
El Street address and legal description of the parcel on which the signs are proposed and owner consent.
El Completed Land Use application Land Use Application (Attachment 2) and signed fee agreement (below).
n An 8 1/2" x 11" vicinity map locating the subject parcels within the City of Aspen.
U A written description of the proposal and a written explanation of how a proposed development complies with the
review standards relevant to the development application
(fl 2 copies of the Land Use Application and all additional letters, maps, and agreements.
Disclaimer:
The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current
zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate.
Temporary Use Review / ASLU
/20/157 N Mill St, Aspen, CO C0 81611 -1509
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Thee House Life Project Summary
THEE HOUSE LIFE:
Endeavors to utilize the property at 557 N. Mill St, Aspen, Co 81611 during
the period of
January 22 " January 30 2012 for the following activities:
• Promotional and cause awareness for U.S.A.S.A.
• Cause awareness for the Save our Snow campaign
• Yoga exercises
• Computer video gaming
• VIP guest TV viewing of Winter X Games
• VIP "Meet & Greets" with Winter X Games athletes
Hours will vary per day (please see attached document)
All activities will be permitted under and executed in accordance with any
and all laws and regulations applicable to the Leased Premises, and for no
other business or use without Landlord's prior written consent.
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555 -557 NORTH MILL STREET
BUILDING LEASE
SUMMARY OF BUSINESS TERMS
THIS 555 -557 NORTH MILL STREET BUILDING LEASE SUMMARY OF BUSINESS
TERMS, made and entered into the 12' day of January, 2012, by and between NORTH MILL STREET
INVESTORS, a Colorado general partnership ( "Landlord "), whose address is: c/o Pyramid Property Advisors,
418 East Cooper Avenue, #207, Aspen, Colorado 81611 and JUAN CASAS DBA The Mars Group ( "Tenant "),
whose address is: 2049 Federal Avenue, Costa Mesa, CA 92627.
WITNESSETH:
Section 1: Leased Premises
In consideration of the mutual covenants and agreements set forth herein and in the following full text of
the Lease to which this Summary of Business Terns is attached, which Lease is made a part hereof by this reference,
Landlord does hereby lease to Tenant and Tenant does hereby rent from Landlord the following described Leased
Premises (referred to as "Leased Premises "): Suite 241 In the 555-557 North Mill Street Building, 555 -557 North
Mill Street, Aspen, Colorado (referred to herein as the "Building "). The Leased Premises include approximately
2,180 square feet of rentable area, which figure represents 36.1% of the total rentable area in the Building.
Furthermore, Tenant agrees that Tenant accepts the Leased Premises on the Commencement Date (as defined below)
in its "AS -IS" condition.
Section 2: Term
The tem of this Lease shall be for nine (9) days only commencing upon January 22, 2012 (Ihe
"Commencement Date ") and shall expire on January 30, 2012. Tenant hereby acknowledges and agrees That
Tenant has no option to extend the term of this Lease beyond January 30, 2012, The term "Lease Year" as used
herein shall mean each full calendar year during the tern hereof, and each portion of a calendar year which may
exist at the beginning and/or end of the teen hereof.
Section 3: Rent
Gross Rent: Tenant shall pay Landlord at the address of the Landlord or at such other place as Landlord
may from time to time designate in writing to Tenant, without any prior demand therefore and without any deduction
or setoff whatsoever, a fixed gross rental for the lens in the amount of $4000.00.
Upon mutual execution on the Lease, Tenant shall pal' the total amount of 86,000.00, which included the
gross rent of $4,000.00 as well as the sec,,rhv deposit amount of 32, 000.00.
Seetton 4t-hrsnvanee
V of4he-Lease: • • - -
Seetlon 5 :- UHNNes
ef-enoh-men .
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Section 8: Security Deposit
Tenant shall, upon execution hereof, deposit with Landlord as security for the performance by Tenant of all
of Tenant's covenants and obligations under this Lease, the sum of $2.000.00. This "Security Deposit" is to be
retained and applied by Landlord in accordance with the provisions of Article XVIII(II) of the Lease,
Section 9: Business Use
Tenant shall utilize the Leased Premises for certain promotional activities in connection with the Winter
X Games, including yoga stretching in the morning, computer video gaining in the afternoon and VIP guest TV
viewing of Winter X Games, so long as such uses are permitted under and executed in accordance with any and all
laws and regulations applicable to the Leased Premises, and for no other business or use without Landlord's prior
written consent, See Article IX of the Lease, entitled "Use and Care of Leased Premises."
IN WITNESS WHEREOF, the Landlord and Tenant have executed this 555 -557 North Mill Street Building Lease
Summary of Business Terns on the day and year first above written.
LANDLORD:
NORTH MILL STREET INVESTORS,
a Colorado general partnership
By: AVH Mill Street LLC, its Manager
By:
Andrew V. Hecht, Manager
TENANT:
Juan Casas d/b /a The Mars Group
J11407 eit
Juan Cases
2