HomeMy WebLinkAboutlanduse case.boa.465 N Mill.appeal.0002.2007
THE CITY OF ASPEN
City of Aspen Community Development Department
CASE NUMBER 0002.200¢ASZO
PARCEL ID NUMBER 2737 07 3 00 048
PROJECTS ADDRESS 465 N MILL STREET
PLANNER TODD GRANGE
CASE DESCRIPTION BOARD OF ADJUSTMENT
REPRESENTATIVE TIMOTHY G. REED
DATE OF FINAL ACTION 12/06/2007
CLOSED BY Angela Scorey on 03/25/2009
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Permit Type aszo04 r Aspen Zoning Permit # 0002,2007.ASZO
Address 465 N MILL ST ~ Apt~Suite #IB
CRy ASPEN State CO Zip 81611 J
Mastu Pumit ~ Routing Queue aszo2 Applied 01~31~2007
Project ~ Status pending Approved ~J
Desviption BOA • APPEAL OF ZONING OFFICERS DECISION Iswed ~J
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Submitted TIMOTHY G REED Cock Running Days 784 Expires 01~26~2008 J
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Last Name REED ~ First Name TIMOTHY G 465 N MILL ST
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Phone ~- ASPEN CO 81611
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Last Name REED ~ First Name TIMOTHY G 465 N MILL ST
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Phone r Cust # 27467 ~ ASPEN CO 61611
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Record:
MEMORANDUM
TO:
City of Aspen Board of Adjustment
FROM:
Joyce Allgaier, Deputy Director
THRU: '
Chris Bendon, Community Development Director
RE:
Appeal of Administrative Decision - Appeal of a Zoning Officer Decision
reo Aspen Manual Therapies and Rehabilitation, PC, operating at 465 N.
Mill Street, Timothy Reed, Applicant
Resolution No tJ 2.-, Series of 2007, Public Hearing
DATE:
March I, 2007
EXHIBIT ASSOCIATED WITH THIS APPEAL:
Exhibit A: Application
Exhibit B: Letter from Timothy Reed, dated July 20,2006
Exhibit C: Letter from Todd Grange (citing Zoning Violation), dated January 9, 2007
Exhibit D: Excerpts from the Land Use Code: SCl and Definitions
Exhibit E: Letters from the Public (to be entered into record)
Exhibit F: Proposed Board of Adjustment Resolution No..fl.2" Series of 2007
BACKGROUND:
Aspen Manual Therapies and Rehabilitation, PC, is a business owned and operated by
Timothy Reed, MS PT, "the Applicant". Mr. Reed is licensed to practice Physical Therapy in
the State of Colorado. In the applicant's letter dated July 20,2007, (Exhibit B) the Applicant
indicates that in his business, "Mr. Reed spends approximately 90% of his time guiding his
clients in movement exercise with the help of minimal equipment, and the other 10% of his
time using hands-on movement to further the work done by his clients." The Applicant
further notes that, "This falls much more in line with the Y oga/Pilates studio approach to
movement optimization than it does with the prohibited Health Clinic or Fitness Club
designations of the code." (These use classifications are from the SCl district list of uses.)
Mr. Reed, "the Applicant", is appealing a decision of the Zoning Officer upon which the
Applicant was found to be in violation of the City's zoning regulations for conducting his
business in a zone district where his use is not allowed by the Land Use Code.
On January 9,2007, City of Aspen Zoning Officer, Todd Grange issued a letter (Exhibit C) to
Mr. Reed indicating that the conduct of Mr. Reed's business in the
Service/Commercial/Industrial (SCl) Zone district is a zoning violation and Mr. Reed cannot
conduct such business in this district according to the City of Aspen Land Use Regulations
(SCI Zone District, Section 26.710.160). Mr. Grange's letter indicates that he finds Aspen
Manual Therapies and Rehabilitation to be a physical therapy business and is considered a
I
medical service. The use is considered medical in nature because it deals with personal
services that are rehabilitative in nature and focused on the improvement of limited
movement of the body due to illness or injury of some kind. Medical Service is listed in the
"Office Use" definition in the land use code and office uses are not permitted uses in the SCl
Zone. Furthermore, a Health and Fitness Facility, is considered a "Service Use" which is also
not a permitted use in the SCl Zone District.
Mr. Grange notes that both "Office Uses" and "Service Uses" are permitted in other districts,
namely, the Commercial (C-I), the Commercial Core (CC) and the Mixed-Use (MU)
districts. In zoning practice, when a use is expressly allowed in one district, it is found to be
done so with intent, meaning that the use was specifically not listed in other districts. In this
case this means office uses and service uses were not meant to be allowed in the SCl district,
but in other places in the city deemed more appropriate, such as the C-I, CC, & MU.
(Exhibit D includes excerpts from the land use code list the SCl uses and definitions of
"Office Uses" and "Service Uses".)
The purpose statement of the SCl district goes on to support this express omission of office
and personal service uses. It states,
"Purpose. The purpose of the Service/Commercial/Industrial (SCI) 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. 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 permits customary
accessory uses. .. (Emphasis added in bold.)
The allowed SCI uses focus on the manufacture, repair, servicing, detailing, sales, and rental
of consumer l!.oods, and does not focus on personal health or medical services which are
allowed in other zone districts as noted above. The Zoning Officer found that Aspen Manual
Therapies and Rehabilitation does not qualify as a yogalPilates studio as it does not advertise
itself as such, does not offer classes or the coaching of these exercises, but rather the business
uses these modalities in the practice of physical therapy
From this, the Zoning Officer concluded that the Aspen Manual Therapies and Rehabilitation
business was not a permitted use in the SCl Zone District and found the use to be in
violation.
The Zoning Officer is enabled to make decisions based upon of the Land Use Code.
Application and enforcement of the Land Use Code to developments, construction and
businesses is one the responsibility of the Zoning Officer. This is an administrative function
of the Zoning Officer that is handled daily in his duties.
2
PROCESS:
Appeals of administrative decisions are heard by the Board of Adjustment pursuant to
Section 26.216, which states in the powers and duties of the Board, among other things, "To
hear and decide appeals from, and review any order, equirement, decision, or determination
made by, any administrative official charged with the enforcement ofthis title...".
The Board of Adjustment is required to review appeals based on the following
standards of review:
A decision or determination shall not be reversed or modified unless...
1. There is a rmding that there was a denial of due process, or
2. the administrative body has exceeded its jurisdiction or abused its discretion.
The Zoning Officer is granted through the Community Development Director, the jurisdiction
to apply and enforce the Land Use Code to development applications, in reviewing building
permits, in reviewing business license and other related components of his work. Section
26.210 of the City's Land Use Code enables the Director, among other duties, "to enforce any
provision of this Title [the Land U se Code] or any other provision of the Municipal Code of
the City Of Aspen."
Staff believes, based on the language in the code that the Zoning Officer, through his
designated duties from the Director, among other duties, is required to enforce the Land Use
Code and apply it's meaning to development, building permits and ensure compliance of uses
and businesses to the zone districts. This is what the Zoning Officer is required to do
everyday.
In this particular case, the Zoning Officer followed the procedures of the Community
Development Department in handling this zoning violation. The process is as follows:
Investigating the use or development, sending a letter of zoning violation (Exhibit C) to the
Applicant; (outlining his reasons and reliance upon the Land Use Code sections dealing with
SCl, CC, MU and C-l district language, list of uses in those zone districts, and the definitions
of "Office Uses" and "Service Uses"); and then accepted the appeal application of the
Applicant so that due process could be followed.
RECOMMENDA nON:
Staff believes the Zoning Officer's administrative decision was rendered correctly and that
the Zoning Officer's jurisdiction was not exceeded. Staff recommends the Board of
Adjustment uphold the Zoning Officer's administrative decision by adopting
Resolution No._, Series of 2007, which denies the appeal.
NOTE: Staff has prepared a resolution finding against the appellant and upholding the
Zoning Officer's decision. The motion should be made in the affirmative - to adopt the
resolution. lfthe motion passes, the resolution is adopted and the Zoning Officer's decision
is upheld. If the motion fails, the Board should vote to reconsider, then another motion
should be made to clarify the intent of a revised resolution to overturn the Zoning Officer's
3
decision. (In this case, Staff will assist the Board in rewording the resolution and will prepare
an amended resolution for signature.)
RECOMMENDED MOTION: "I move to approve Resolution NoDt..-, Series of 2007."
4
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
A eement for Pa ent of Ci of n Develo ment A lication Fees
CITY OF ASPEN (hereinafter CITY) and ~J V'\ M.b (l LA...t..1.._
(hereinafter APPUCANT) AGREE AS FO~
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I~ APP? ~~tted ro CITY
(heremiliter, THE PROJECT).
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2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of
2000) establishes a fee structure for Land Use applicarions and the payment of all processing fees is a
condition precedent to a determination of application completeness.
3. APPUCANT 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. APPUCANT and CITY further agree that it is in the interest of the parries that
APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed
to APPUCANT on a monthly basis. APPLICANT agrees additional costs may accrue following their
hearings and/or approvals. APPUCANT 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 APPLICANTS application.
4. CITY and APPLICANT further agree that it is impracticable for CITY staff ro
complete processing or present sufficient information to the Planning Commission and/or City Council
to enable the Planning 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, APPUCANT agrees that in consideration of the CITY's waiver of its right
to collect full fees prior to a de~inati8l' of application completeness, APPLICANT shall pay an
initial deposit in the amount of $ c; which is for hours of Community
Development staff time, and if actual recorded costs exceed the initial deposit, APPUCANT 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 $235.00 per planner hour over the initial
deposit. Such periodic payments shall be made within 30 days of the billing date. APPUCANT further
agrees that failure to pay such accrued costs shall be grounds for suspension of processing. anq in no
case will building permits be issued until all costs associated with case processing have been paid.
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P.L
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Community Development Director
APPLICANT ~-~-(\,
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Date:
Billing Address and Telephone Number:
ReQ!lired
RETAIN FOR P~NT 1\EC0R0
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ATTACHMENT 2 -LAND USE APPLICATION
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(Indicate street address, lot & block number, legal description where appropriate)
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Name:
Parcel ID # (REQUIRED)
REPRESENTATIVE:
Name:
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Address:
Phone #:
PROJEcr:
Name:
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Address:
Phone #:
TYPE OF ArPLICA nON: (please check all that apply):
0 Conditional Use D Conceptual PUD D Conceptual Historic Devt.
D Special Review D Final PUD (& PUD Amendment) D Final Historic Development
0 Design Review Appeal D Conceptual SPA D Minor Historic Devt.
0 GMQS Allotment D Final SPA (& SPA Amendment) D Historic Demolition
0 GMQS Exemption D Subdivision D Historic Designation
0 ESA - 8040 Greenline, Stream D Subdivision Exemption (includes D Small Lodge Conversion!
Margin, Hallam Lake Bluff, condominiumization) Expansion
Mountain View Plane
D Lot Split D Temporary Use ~ Other: ,
D Lot Line Ad' ustment D TextlMa Amendment ~I -hi hho\
rovals, etc.) of( I '(.Vv-:S ~CASI~
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PROPOSAL:
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EIave you attached the following? h. / (? FEES DUE: $ T V S. -
:J Pre-Application Conference Summary /'
:J Attachment #1, Signed Fee Agreement
:J Response to Attachment #3, Dimensional Requirements Form
:J Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards
<\.11 plans that are larger than 8.5" x 11" must be folded and a floppy disk with an electronic copy of all written
text (Microsoft Word Format) must be submitted as part of the application.
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RET~rORPER~,NENT~ORD
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July 20, 2006
Joyce Allgaier
Deputy Director Community Development
City Hall
130 S. Galena St.
Aspen, CO 81611
970-429-2754
joycea@ci.aspen.co.us
Dear Joyce,
I am writing this letter in response to a complaint made to City
Councilwoman. Rachael Richards, a visit by Zoning Officer Todd
Grange and email between myself and Chris Bendon. Community
Development Director and you.
Aspen Manual Therapies and Rehabilitation , P.C. is a privately
and locally owned corporation. incorporated under the laws of the
state of Colorado with the help of Aspen Attorneys Krabacher.
Sanders, etal. Its owner is also its president and its sole employee
Timothy G Reed MS PT. Mr Reed is licensed to practice Physical
Therapy in the State of Colorado and has been licensed to do so
since September 20. 1999. He has practiced Physical Therapy in
the clinic setting at the Aspen Club and Spa for 3 1/2 years from
January 1999 through May 2002, at which time he moved his
office from the clinic setting to the Health Club at the Aspen
Meadows. He practiced there from July 2002 through June 2006.
Since the July 1, 2006 he has moved his practice to his new office
at 465 N. Mill St, Aspen, CO, the location in question.
Mr Reed spends approximately 90% of his time guiding his clients
in movement exercise with the help of minimal equipment, and the
other 10% of his time using hands on movement to further the
work done by his clients. This falls much more in line with the
E.~ki "it B
Y ogaJPilates studio approach to movement optimization than it
does with the prohibited Health Clinic or Fitness Club designations
of the code.
It has been brought to Mr Reed's attention that there might be a
code violation pursuant to the SCI district in the City of Aspen and
the nature of his business. While you are aware of the code and its
specifics, I feel that I must outline these items from the code to
show you that, not only is this business in compliance with the
code. but that the code was conceived. implemented, and is being
enforced with this type of business in mind.
"The purpose of the Service/Commercial/Industrial (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;..."
Mr Reed, after working at the Meadows Health Club, determined
the need to move from his office for a variety of reasons; most
importantly. to move to a space more centrally located in town in
order to allow more flexibility for his clients in choosing their
means of transport. Walking and biking to the present location is
now an option for many of his clients who did not find those
methods an option in traveling to the Meadows. In order to make
this space a welcoming, clean and efficient space, Mr. Reed has
expended many thousands of dollars. His clients are very pleased
with the convenience of this new location. Mr. Reed has a large
local client base and believes that these are specifically the type of
customers this type of zoning was meant to draw.
The site was also chosen because: 1) it was the only one offered at
a rental price that he could afford after an extensive search. Mr.
Reed is married with two young children and lives at Aspen
HigWands. His search for space included the Aspen HigWands
Base Village. However. the available affordable spaces were very
small, 400 sq feet or less, and once again threw his clients into a
driving situation and into the fray of the already overburdened
Main Street to down valley traffic. This current space was found
to be the only one in which all the criteria were met at a price that
he could afford, and 2) Mr. Reed's is a destination business that
does not reqnire walk-in traffic and according to the code. ..
"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 permits customary accessory uses."
Thus, Mr. Reed's business is one that this type of designation was
meant to encourage.
The zoning officer made his determination of noncompliance with
zoning based on the following information:
1) A complaint filed via Councilwoman Richards that medical
personnel were being allowed to rent space in this SCI
designated building,
2) A 2 1/2 minute site visit wherein the officer spoke with Mr
Reed, obviously not in depth, and made his determination,
3) The officer looked up and saw the sign that stated "TIM
REED PHYSICAL THERAPY".
The code further permits,
"...14. Rehearsal or teaching studio for the creative, performing, or
martial arts with no public performances. This shall permit a
yoga/pilates studio but prohibit Medical Clinics and fitness clubs..
15. Veterinary clinic...."
The code does not specifically prohibit the employment of medical
personnel nor does it prohibit the rental of space to medical
personnel. In fact, it allows for a yoga/pilates studio, which are
both services that are frequently prescribed, by prescription, by
doctors and covered by medical insurance. What it does prohibit is
the rental of space and the use of the space for a medical clinic and
fitness clubs. A CLINIC IS DEFINED AS A MEDICAL
ESTABLISHMENT RUN BY SEVERAL SPECIALISTS
WORKING IN COOPERATION AND SHARING THE SAME
FACILITIES.
There is, however, a provision in the code for medical personnel,
although it appears to be specific to medical personnel who are
veterinary practitioners.
It must be reiterated that Mr Reed is the sole practitioner in the
space. While Mr Reed is a licensed medical practitioner, as set
forth above, and as he has discussed with community development
staff, he has focused his business on the wellness aspect of his
license. Movement optimization is the purpose of all of the
equipment within his business, just as it is with a yoga/pilates
studio. This is one of the main reasons why Mr. Reed moved away
from affiliating himself with larger clubs which are more geared
towards the medical aspect, and moved to this space into what he
considers an ideal space for his work and the benefit, as well as
non-driving convenience, of his mostly local clientele.
In a search on all that Physical Therapy can entail (one need only
go to the Aspen Valley Hospital Physical Therapy department), the
following are a part of most clinics: orthopedic care, geriatric care,
pediatric care, cardiovascular care, pulmonary/respiratory care, and
wound care. Of those aspects of Physical Therapy, orthopedic care
is the ONLY function of Mr. Reed's business. It is performed with
yoga/pilates like exercise and focus, both of which are allowed
under the SCI code.
"5C1 Uses which may use, in combination, up to 25% of the floor area
for accessory retail sales, offices, showroom, or customer reception:..."
In an effort to comply with the SCI zoning, the space, as it is set
up, complies within 5% of this requirement. Mr Reed is unaware
if the bathroom in the space would be considered a part of the
accessory retail sales, offices, or customer reception, and if it is,
would still render the space well within the allowable percentage.
Although this is, therefore, a moot point as to Mr. Reed's
business, it must be presumed, however, that some exemption to
the code, or some supplemental agreement was made with those
businesses within the building which are obviously 80-100% retail.
While Mr Reed and the landlord had no idea that the requirements
for the SCI were so specific, that ignorance should not be the
reason why this business should be able to continue to operate.
This business should be allowed to continue to operate because it
does, in fact, meet the code, given the specific language of the
code as stated above.
Mr Reed has removed any signage that would indicate that this is a
Physical Therapy facility so as not to, in any way, be confused
with being a clinic. This facility is not a clinic. It is a studio. As
such, it meets the standards of the SCI zoning.
Mr Reed welcomes any and all personnel, appropriate to this
circumstance, to visit his office and see exactly what it is that he
does in order to verify that he is in compliance with the language
ofthe code as written.
Thank you for your consideration. I look forward to hearing from
you so that we can work this situation out.
ASPEN MANUAL THERAPIES AND REHABILITATION, PC
BY: Tim Reed, President
Mr. Timothy Reed M.S.
465 North Mill Street
Aspen, CO 81611
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January 9, 200~
..
Re: SCI Zone District Violation
THE CITY OF ASPEN
Dear Mr. Reed:
I am writing this letter in response to your correspondence that I received after my
site visit and "Zoning Violation" letter of July 20, 2006. Your letter states that you are
operating a physical therapy business at the property known as 465. N. Mill St, Aspen
CO, which is located in the SCl z\lne district. . This use is considered it medical service,
which is listed under "Office Use" (26.104.100 Definitions) and is not permitted in the
SCl zone district. A health and fitness facility would be. considered "Service Use"
(26.104.100 Definitions) imd also would not be allowed in the SCl zone district. These
uses would be permitted in any zone district that lists "Office Uses" and / or "Service
Uses" as a perniitted use. in the zone district. These uses would be allowed in the
Commercial Core (CC) zone district, the Commercial (C-l) zone district, the
-Neighborhood Commerciitl (NC) zone district, and the Mixed-Use (MU) zone district.
. "Service Use" and "Office Uses".,are not listed as'permitted. us~s in the SCI zone district.
The purpose statement of the SCI. zone district states that the intent 'of the. district
is to insure that businesses or serVices associated with the manufacture and servicing of
consumer goods are maintained within the city. The district is. not intended to provide
areas for personal services and medical services. ln contrast, the permi~ed uses within the
SCl zone district allow for uses that relate to ,m~ufacturing of a consumer good or
services to a consumer good (such as auto repair, furniture/appliance repair, electronic
repair, locksmith). . Your business does not fit this allowance. Furthermore, the movement
exercises your business utilizes as rehabilitation and fitness modalities does not qualify as
martial arts/yoga/palates studio which is specifically called out in the SCl district as an
allowed use. Your business of physical therapy qualifies as a Medical Clinic, which is
expressly prohibited from'operating in the SCl zone district. In your letter you stated that
you are focused on the wellness side and not the medical service side, and that you are
focused on orthopedic care, this leads me to interpret that you are a practicing physical
therapist. The guided movement you referred to is consistent with a Fitness Club, which
is also a use not allowed in the SCl zone district. Therefore this business is considered a
zoning violation.
I also must inform you that failure to correct this violation of the City's Code can result
. in a citation into Municipal Court and fines of up to $1,000 per day. I am sending this .
letter to fully inform you of the City's regulations, procedures and consequences. Your
handling of this matter is appreciated.
I
130 SOUTH GALENA STREET, ASPEN, COLORADO 8161 1-1975 PHoNE97.0.925.5e'~'~~~~' ~ r
If you have any questions, please call me at 429.2767. I would like to discuss a schedule
for your compliance.
I
Regards,
~~~
Todd Grange
Community Development, Zoning Officer
City of Aspen
Copy: David Hoefer, Assistant City Attorney
130 SOUTH GALENA STREET, ASPEN, COLORADO 81611-1975 PHONE 970.925.5090 FAX 970.920.5439
26.710.160 ServicelCommercial!l:ndustrial (StCII).
seI
~
A. Purpose. The purpose of the ServicelCommerciaIlIndustrial (StCII) 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. The SCI zone district contains uses that may not be appropri-
ate in other zone districts or do not require or generate high customer traffic volumes, and permits cus-
tomary accessory uses.
B. Permitted Uses. The following uses are permitted as of right in the ServicelCommerciallIndustrial
(stCII) zone district. Except as noted below, each of the permitted uses may have, in combination, no
more than twenty-five (25) percent of the floor area devoted to retail sales, offices, showroom, or cus-
tomer reception, and such uses shall be ancillary to the primary commercial use. This floor area per-
centage may be increased through Special Review by the Planning and Zoning Commission, pursuant
to Section 26.430, and according to the standards of Section 26.710.160(E).
SCI Uses which mav use UP to 100% of the floor area for retail sales. offices. showroom. or customer
reception:
I. Manufacturing, repair, servicing, detailing, sales, and rental of consumer goods such as:
a) Building materials, components, hardware, fixtures, and equipment
b) Household appliances such as ranges, refrigerators, dishwashers, etc.
c) Automobiles and motorcycles, including parts.
d) Fabric and sewing supply.
SCI Uses which mav use. in combination. up to 25% of the floor area for accessory retail sales. offices.
showroom. or customer reception:
I. Manufacturing, repair, alteration, tailoring, and servicing of consumer goods such as: Elec-
tronic equipment; floral arrangements; furniture; clothing; or sporting goods.
2. Buildingllandscape maintenance facility.
3. Typesetting and printing, including copy center.
4. Photo processing laboratory.
5. Locksmith.
6. Post Office branch.
7. Shipping and receiving services.
8. Automobile washing facility.
9. Catalogue sales store.
10. Laundromat.
1 I. Commercial dry cleaning.
12. Recycling center.
13. Artist studio.
14. Rehearsal or teaching studio for the creative, performing, or martial arts with no public per-
formances. This shall permit a yogalpilates studio but prohibit Medical Clinics and fitness
clubs.
15. Veterinary clinic.
City of Aspen Land Use Code. June, 2005
Part 700, Page 34
~",^;b,t D
16. Animal boarding facility.
17. Animal grooming establishment.
18. Brewery and brewing supply.
19. Coffee roasting and supply.
20. Co=ercial Kitchen or Bakery.
21. Warehousing and storage.
22. Service yard accessory to a permitted use.
23. Sales and rental accessory and incidental to a permitted use.
24. Accessory buildings and uses.
Non-SCI Uses permitted:
1. Design Studio such that the total net leasable square footage devoted to such use within the en-
tire zone district does not exceed 9,000 square feet.
~
2. Home occupations.
C Conditional uses. The following uses are permitted as conditional uses in the Ser-
vice/Commercial/ Industrial (S/CII) zone district, subject to the standards and procedures established in
Chapter 26.425. The Commission shall establish the appropriate amount offloor area devoted to retail
sales, office, showroom, or customer reception for each conditional use during the review.
1. Consignment retail establishment.
2. Co=ercial Parking Facility, pursuant to Section 26.515.
3. Gasoline service station.
4. Affordable Multi-Family Housing on Upper Floors.
5. Free-Market Multi-Family Housing on Upper Floors.
6. Artist's Studio with ancillary residence on Upper Floors.
D. Dimensional requirements. The following dimensional requirements shall apply to all permitted
and conditional uses in the Service/Commercial! tndustrial (S/CII) zone district:
1. Minimum lot size (square feet): 3,000
2. Minimum lot area per dwelling unit (Square feet):. No requirement.
3. Minimum lot width (feet): No requirement.
4. Minimum front vard setback (feet): No requirement.
5. Minimum side vard setback (feet): No requirement.
6. Minimum rear vard setback (feet): No requirement.
7. Maximum height: 35 feet, which maybe increased to 40 feet through one of the following op-
tions:
a) An additional 5 feet of total height may be approved, pursuant to Special Review, Sec-
tion 26.430 and according to the standards of Section 26. 71O.160(E), if a minimum of
.75: I Floor Area Ratio ofSCluses exists on the same parcel. (Also, see Floor AreaRa-
tio below _)
City of Aspen Land Use Code. June, 2005.
Part 700, Page 35
b) An additional 5 feet of total height may be approved, pursuant to Special Review, Sec-
tion 26.430 and according to the standards of Section 26.71O.160(E), to increase first
floor ceiling height
8. Minimum distance between buildings on the lot (feet): No Requirement.
9. Pedestrian Amenity Space: Pursuant to Section 26.575.030.
10. Floor Area Ratio (FAR): The tollowing FAR schedule applies to uses cumulatively up to a to-
tal maximum FAR of 2: L
a) Connercial Uses 1.5:1.
b) Affordable Multi-Family Housing: .5:1.
c) Free-Market Multi-Family Housing: .5:1, only ifaminimumof.7S:l FARofco=er-
cial uses exist on the same parcel.
E. Special 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 proc-
essed as a Special Review, pursuant to Section 26.430, and shall be approved, approved with condi-
tions, or denied based on conformance with the following criteria:
1. To increase the allowable height the applicant shall demonstrate the need for additional height, the
appropriateness of the additional height and massing considering the context in which the building
will be developed, and shall demonstrate consistency with the purpose of the SCl Zone District.
Five (5) feet of additional height may be approved as an incentive to either develop a minimum of
.75:1 FAR of SCI business space or to increase the usable floor-to-ceiling height of the ground
floor. The height increase shall not be used to acconnodate additional ceiling height for residen-
tial uses. Only one five-foot height increase may be approved, even if both development options
are taken.
2. To increase the allowable percentage of interior space assigned to retail, showroom, or 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 approved
additional percentage for a specific use shall be limited to that use and not applicable to subsequent
uses in the same space.
(Ord. No. 2-1999, S I; Ord. No. 22-2005)
City of ~pen Land Use Code. June, 2005
Part 700, Page 36
radio signals, telemetry signals, or any other reception or transmission signals using free air space as a
medium, whether for commercial or private use. This definition does not apply to wireless telecommu-
nication services facilities and/or equipment including cellular telephone, paging, enhanced specialized
mobile radio (ESMR), personal communication services (PCS), commercial mobile radio service
(CMRS), and other wireless commercial telecommunication devices and all associated structures and
equipment including transmitters, antennas, monopoles, towers, masts and microwave dishes, cabinets
and equipment rooms.
Service Commercial Industrial Uses: The use of buildings or land for the manufacture, repair .1-
and s~icing of consumer goods, the provision of cOJ;nmon domestic services, and with limited retail, ,
showroom, or customer reception areas. (See Service/Commercial/Industrial Zone District, Section
26.710.160.)
Service yard. A yard or area used for storage of material accessory to or used in conjunction with
the principal commercial use of a lot or structure. (See Miscellaneous Supplementary Regulations"-
section 26.575.045, Service Yards.)
Service Uses. Commercial establishments engaged in providing personal or financial services to ~
the general public including banking, dry cleaning, laundromat, tailoring, mortuary, post office branch, 'IlIIIiia
shipping and receiving services, personal or sporting equipment storage lockers, barber and beauty
shop, tattoo parlor, instructional or performing arts studio with no public performances, health and fit-
ness facility, spa, and similar activities.
Setback An area commencing and extending horizontally and vertically from a lot line, property
line, or other boundary which shall be unoccupied and unobstructed from the ground upward, excepting
trees, vegetation, and/or fences, or other structures or projections as allowed. (See Supplementary
Regulations--section 26.575.040, Yards).
Short-term. The occupancy of a hotel or lodge unit for a rental time period not exceeding one (I)
month in duration.
Sidewalk. That portion of a street or right-of-way which is paved and designed for use by pedes-
trians.
Sidewalk area. That portion of a street, right-of-way, or area bordering a street or right-of-way,
primarily intended for use by pedestrians, but inclusive of planting strips, park strips, border areas,
parkways or similar area.
Sign. An object, device, symbol, light or structure that is intended to convey information or to ad-
vertise, that is freestanding or fixed to, painted on, placed on, or incorporated into the surface of the
structure, or that is displayed from or within a structure. Window displays of merchandise, and repre-
sentations thereof, are not considered signage and shall not be subj ect to sign regulations (see Section
26.510.140, Signs-Window Displays).
City of Aspen Land Use Code. June, 2005
Part 100, Page 29
basements, mechanical areas, exterior storage, stairwells, garages (attached or unattached), patios,
decks, and porches.
Nightclub and Bar: A commercial establishment engaged in the sale or dispensing ofIiquor by
the drink for on-site consumption in which the preparation and serving of food may be available and
where music, dancing or other entertainment may be provided or conducted.
Nonconforming lot or parcel. A lot or other parcel ofIand which as the result of the adoption of
dimensional regulations contained within this Title fails to meet the minimum dimensional require-
ments for the zone district in which it is located.
Nonconforming lot of record. A lot or other parcel ofland on record with the office of Clerk and
Recorder for Pitkin County which as the result of the adoption of dimensional regulations contained
within this Title fails to meet the minimum lot area and lot width requirements for the zone district in
which it is located.
Nonconforming structure. A structure which was originally constructed in conformity with zon-
ing and building codes or ordinances in effect at the time of its development, but which no longer con-
forms to the dimensional or other requirements imposed by this Title for the zone district in which it is
located.
Nonconforming use. The use ofland or a building or structure which was originally established
in conformities with the zoning and building codes or ordinances in effect at the time of its develop-
ment, but which is no longer allowed as a permitted or conditional use under the regulations imposed
by this Title for the zone district in which it is located.
Non-Profit Organization. An entity which has received a favorable determination letter from the
United States Internal Revenue Service regarding their tax exempt status, and is incorporated, subject
to or in compliance with the applicable provisions of the Colorado Revised Statutes (CRS) Corpora-
tions and Associations articles 121 to 13 7.
Non-Unit Space. The floor area within a lodge or hotel that is commonly shared such as lobbies,
hallways, stairways, recreational areas, and dining rooms.
Normal maintenance. That non-extraordinary maintenance carried out in any twelve (12) month
period on a regular schedule necessary to preserve the safety and structural integrity of a nonconform-
ing use or structure, including the repair and/or replacement of nonbearing walls, fixtures, wiring or
plumbing.
Office. A type ofland use involving the establishment and delivery of business, professional, or
governmental activities and/or services.
Office Uses. A building, or portion thereof, used for the transaction of business, professional, or
medical services and activities including, without limitation, realtors, timeshare sales, non-profit or-
~
City of Aspen Land Use Code. June, 2005
Part 100, Page 24
ganizations, travel agents, advertising or insurance agents, lawyers, physicians, dentists, architects, en- +-
gineers, accountants, other licensed professionals and property management companies or agents.
Officer or official. An official or officer of the City of Aspen.
Official zone district map. The official map authorized in Section 26.710.030 designating the
zone district boundaries in the City of Aspen.
Off-street parking. A designated space or area ofland with a paved or all-weather surface not
within a public street or right -of-way and used for the parking of vehicles.
Open space. A designated space or area ofland suitable for public or private use, including space
available for landscaping. Such space shall be open to the sky, free of automobile traffic, parking, dis-
play of merchandise, outdoor storage, or undue hazard. (See, Miscellaneous Supplementary Regula-
tions - Section 26.575.030, Open Space).
Open-nse recreation site. Land devoted to public recreation uses or structures.
Owner. A person or entity in whom is vested the ownership or Title, either in whole or in part, of
a building, structure or land, or a part thereof.
P&Z. The Planning and Zoning Commission of the City of Aspen.
Paint your own ceramics, arts, and crafts studio. A workshop that includes the making, glaz-
ing, firing, and/or painting of ceramics by hand or involving the use of hand tools or small scale
equipment by the public, which may include accessory retail sales and office space for purposes di-
rectly related to the studio.
Panel antenna: A flat surface antenna used to achieve transmission orreception from a specific
direction.
Parcel. An area ofland which is capable of being described with such specificity that its location
and boundaries may be established, and which has been or may be developed as a single unit ofland.
Park. A publicly or privately owned area ofland dedicated to active or passive recreational uses
or as a refuge for wildlife.
Park maintenance building. A building used in conjunction with the operation or maintenance of
a park, including, but not limited to, the storage and repair of park vehicles and equipment, green-
houses, and offices for park personnel.
Person. An individual, business, corporation, partnership, government or government agency,
limited liability company, trust, or any other legal entity.
City of Aspen Land Use Code. June, 2005
Part 100, Page 25
26.710.140 Commercial Core (CC).
("G
~
A. Purpose. The purpose of the Commercial Core (CC) zone district is to allow the use ofland for
retai~ service commercial, recreation, and institutional purposes within mixed-use buildings to support
and enhance the business and service character in the historic central business core of the City. The
district permits a mix of retail, office, lodging, affordable housing, and free market housing uses ori-
ented to both local and tourist populations to encourage a high level of vitality. Retail and restaurant
uses are appropriate for ground floors of buildings while residential and office uses are not permitted
on ground floors.
B. Permitted uses. The following uses are permitted as of right in the Commercial Core (CC) zone
district:
1. Uses allowed on Basement Floors: Retail and Restaurant Uses, Office Uses, uses and building
elements necessary and incidental to uses on other floors. -
2. Uses allowed on the Ground Floor: Retail and Restaurant Uses and uses and building elements
necessary and incidental to uses on other floors. Office Uses are prohibited on the Ground
Floor except within spaces set back a minimum of 40 feet from a Street and recessed behind the
front-most street-facing f~ade. This prohibition sbaIl not apply to Split-Level Buildings (see
defInition). Parking sbaIl not be allowed as the sole use of the Ground Floor.
3. Uses allowed on Upper Floors: Retail and Restaurant Uses, OffIce Use~ Lodging, Timeshare
Lodge, Affordable Multi-Family Housing, Free-Market Muln-l'amtLy Housing, homeoccupa-
tions.
4. Uses allowed on all building levels: Retail and Restaurant Uses, Neighborhood Commercial
Uses, Service Uses, Arts Cultural and Civic Uses, Public Uses, Recreational Uses, Academic
Uses, chhd care center, accessory uses and structures, storage accessory to a permitted use, uses
and building elements necessary and incidental to uses on other floors including parlcing acces-
sory to a permitted use, farmers market provided a vending agreement is obtained pursuant to
Section 15.04.350(B).
C Conditional uses. The following uses are permitted as conditional uses in the Commercial Core
(CC) zone district, subject to the standards and procedures established in Chapter 26.425:
I. Gasoline service station;
2. Commercial Parking Facility, pursuant to Section 26.515.
D. Dimensional requirements. The following dimensional requirements sbaIl apply to all permitted
and conditional uses in the Commercial Core (CC) zone district:
1. Minimum lot size (square feet): No requirement.
2. Minimum lot area per dwelling unit (square feet): No requirement.
3. Minimum lot width (feet): No requirement.
4. Minimum front vard setback (feet): No requirement.
'--
City of Aspen Land Use Code. June, 2005.
Part 700, Page 29
Cl
--<
A. Purpose. The purpose of the Commercial (C-l) zone district is to provide for the establishment of
mixed-use buildings with commercial uses on the ground floor, opportunities for affordable and free-
market residential density, and to provide a transition between the commercial core and surrounding
residential neighborhoods.
26.710.150 Commercial (C-1).
B. Permitted uses. The following uses are permitted as of right in the Commercial (C-l) zone dis-
trict:
1. Uses allowed on Upper Floors: Lodging, Affordable Multi-Family Housing, Free-Market
Multi-Family Housing, home occupations.
2. Uses allowed on all building levels: Retail and Restaurant Uses, Neighborhood Commercial
Uses, Service Uses, Office Uses~ Arts, Cultural and Civic Uses, Public Uses, Recreational Uses,
Academic Uses, child care center, bed and breakfast, accessory uses and structures, uses and
building elements necessary and iocidental to uses on other floors iocludingparking accessory
to a permitted use, storage accessory to a permitted use, fanners market provided a vending
agreement is obtained pursuant to Section 15.04.350(B). Parking sbaIl not be allowed as the
sole use of the Ground Floor.
C Conditional uses. The foIlowiog uses are permitted as conditional uses io the Commercial (C-l)
zone district, subject to the standards and procedures established io Chapter 26.425:
1. Lodging, Affordable Multi-Family Housiog, Free-Market Multi-Family Housiog, or home oc-
cupations on the Ground Floor.
2. Commercial Parking Facility, pursuant to Section 26.515;
3. For historic landmark properties: Detached residential dwelliog, two detached residential dwell-
iogs, and duplex dwelling.
D. Dimensional requirements. The followiog dimensional requirements sbaIl apply to all permitted
and conditional uses in the Commercial (C-l) zone district:
1. Minimum lot size (square feet):
a. Detached residential dwelling, two detached residential dwellings, duplex dwelling, and
bed and breakfast: 3,000.
b. All other uses: No requirement
2. Minimum lot area Der dwelling unit (square feet):
a Detached residential dwelliog, two detached residential dwellings, duplex dwelling, and
bed and breakfast Same as R6 zone district.
b. All other uses: No requirement. '
3. Minimum lot width (feet):
a . Detached residential dwelling, two detached residential dwellings, duplex dwelling, and
bed and breakfast: Same as R6 zone district.
b. All other uses: No requirement.
City of Aspen Land Use Code. June, 2005.
Part 700, Page 31
M'"
l..
A. Purpose. The purpose of the Mixed-Use (MU) Zone District is to provide for a variety oflodging,
multi-family, single-family, and mixed-use buildings with co=ercial uses serving the daily or fre-
quent needs of the surrounding neighborhood, provide a transition between the co=ercial core and
surrounding residential neighborhoods, and to provide a variety of building sizes compatible with the
character 0 f the Main Street Historic District.
26.710.180 Mixed-Use (MU).
B. Permitted uses. The following uses are permitted as of right in the Mixed-Use (MU) zone district
1. On Historic Landmark Properties: Retail and Restaurant Uses, Neighborhood Co=ercial
Uses, and Bed and breakfast.
2. S ervice Uses.
3. Office Uses.
4. Lodging, Timeshare Lodge, Exempt Timesharing.
5. Arts, Cultural and Civic Uses.
6. Public Uses.
7. Recreational Uses.
8. Academic Uses.
9. Child care center.
10. Affordable Multi-Family Housing.
11. Free-Market Multi-Family Housing.
12. Single Family Residence.
13. Duplex Residence.
14. Two Detached Single-Family Residences.
15. Home occupations.
16. Accessory uses and structures.
17. Storage accessory to a permitted use.
C. Conditional uses. The following uses are permitted as conditional uses in the Mixed-Use (MU)
zone district, subject to the standards and procedures established in Chapter 26.425~
1. Co=ercial Parking Facility, pursuant to Section 26.515.
D. Dimensional requirements. The following dimensional requirements shall apply to all permitted
and conditional uses in the Mixed-Use (MU) zone district
1. Minimum lot size (sQuare feet): 3,000.
2. Minimum lot area per dwelling unit (SQuare feet):
a. Detached residential dwellings: 4,500. 3,000 for. Historic Landmark properties.
b. Duplex dwellings: 4,500. 3,000 for Historic Landmark properties.
c. All other uses: Not applicable. .
3. Minimum lot width (feet): 30.
4. Minimum front vard setback (feet): 10, which may be reduced to 5, pursuant to Special
Review, Section 26.430.
City of Aspen Land Use Code. June, 2005.
Part 700, Page 39
-
ATTACHMENT 7
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY: l+~ ~ ,0 !VI; I \ ~+ ,'~ ( f
SCHEDULED PUBLIC HEARING DATE: ~ (J,y-vk I
, Aspen, CO
,200*
STATE OF COLORADO )
) SS.
County of Pitkin )
I, 0 VVVTi~ G-. (Zt:0:....l) (name, please print)
being or representing Applicant to the City of Aspen, Colorado, hereby personally
certify that I have complied with the public notice requirements of Section 26.304.060
(E) of the Aspen Land Use Code in the following manner:
_ Publication of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fifteen (15)
days prior to the public hearing. A copy of the publication is attached hereto.
~ Posting of notice: By posting of notice, which form was obtained from the
Community Development Department, which was made of suitable,
waterproof materials, which was not less than twenty-two (22) inches wide
and twenty-six (26) inches high, and which was composed of letters not
less than one inch in height. Said notice was posted at least fifteen (15) days
prior to the public hearing and was continuously visible from the _ day of
,200_, to and including the date and time of the public
hearing. A photograph of the posted notice (sign) is attached hereto.
L Mailing of notice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to
the public hearing, notice was hand delivered or mailed by first class postage
prepaid U.S. mail to all owners of property within three hundred (300) feet of the
property subject to the development application. The names and addresses of
property owners shall be those on the current tax records of Pitkin County as they
appeared no more than sixty (60) days prior to the date of the public hearing. A
copy of the owners and governmental agencies so noticed is attached hereto.
~ 6-1 S ) plrVl....-f- ()~ \M4 ;L'~ lab-d..5
ntinued on next page)
/
o
.
'.
V\I(D
Rezoning or text amendment. Whenever the official zoning district map is in
any way to be changed or amended incidental to or as part of a general revision
of this Title, or whenever the text of this Title is to be amended, whether such
revision be made by repeal of this Title and enactment of a new land use
regulation, or otherwise, the requirement of an accurate survey map or other
sufficient legal description of, and the notice to and listing of names and
addresses of owners of real property in the area of the proposed change shall
be waived. However, the proposed zoning map shall be available for public
inspection in the planning agency during all business hours for fifteen (15) days
prior to the public hearing on such amendments.
~\
Signature
~
~
WITNESS MY HAND AND OFFICIAL SEAL
Notary Public
PAULA I. BRODIN
NOTARY PUBLIC
STATE OF COLORADO
A TT ACHMENTS:
My Commission Exp,res 10/04/2009
COpy OF THE PUBLICATION
PHOTOGRAPH OF THE POSTED NOTICE (SIGN)
LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED
BY MAIL
Easy Peel labels
Use fvery@TEMPLATE 5160@
~ I ....
~ 1 Feed Paper
_ See Instruction Sheet: ~
- for Easy Peel Feature 1
,
ANDREWS-MCFARLIN CONDO ASSOC
COMMON AREA
i/
BEYER ALAN R
410NMILLST #B11
ASPEN, CO 81611
/
GARWOOD JANET
PLETTS SARAH A AS JT TENANTS
PO BOX 3889
ASPEN, CO 81612 ./
MARTIN MICHAEL S ,/
4150 IRVING PL
CULVER CITY, CA 90232-2812
PEMBER SARAH P & WILLIS
PO BOX 8073 V
ASPEN, CO 81612
REIDSCROFT PARTNERSHIP
PO BOX 10443 V
ASPEN, CO 81612
US POSTAL SERVICE
WESTERN REGION
SAN BRUNO, CA 94099
ASPEN CENTER FOR ENVIRONMENTAL
STUDIES
100 PUPPY SMITH ST
ASPEN, CO 81611
CITY OF ASPEN
130 S GALENA ST
ASPEN, CO 81611
HOROWITZ JAMES M
110 E HALLAM SUITE 104
ASPEN, CO 81611
NORTH MILL VENTURES LLC
PO BOX 8769
ASPEN, CO 81612
PITKIN COUNTY
530 E MAIN ST STE 302
ASPEN, CO 81611
SODERLlNG LIVING TRUST
533 E HYMAN
ASPEN, CO 81611
~AVERY@5160@ 1
ASPEN CONSOLIDATED SANITATION
565 N MILL ST
ASPEN, CO 81611
CROWN LAURIE J
414 N MILL ST
ASPEN, CO 81611
LIPSEY WILLIAM S
414 N MILL ST
ASPEN, CO 81611
ORTEGA G RICHARD
414 N MILL ST
ASPEN, CO 81611
PUPPY SMITH LLC
205 S MILL ST SUITE 301A
ASPEN, CO 81611
TEAGUE HENRY B
412 N MILLST
ASPEN, CO 81611
Cheri
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-
-
February 14. 2007
His service is not usually covered by most of our insurance policies and therefore his effort in
working alone to keep fees reasonable is greatly appreciated. To have to change his location
would most certainiy result in higher fees and affect all of us.
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Todd Grange
City of Aspen Dept. of Community Development
130 5. Galena
Dear Todd:
Tim Reed has made it possible for me to practice my occupation as a dental hygienist. which I
have done since 1989 in Aspen. He has taught me how to be healthier physically so I can also be
of service to our community in dentistry. I respect him as a professional of the highest caliber and
skill. He is frequently the topic of conversation as my friends and patients exclaim his miracles! In
a town where locals play and work hard he is a definite asset and necessity. His large following is
a testimony to all of the above.
The guideline for tenant qualifications has the intent of the space serving the best interests of the
community by offering necessary services at affordable cost. Physical therapy and training builds a
healthier community. It is also something that can be ongoing for people so the affordability and
convenience of not having to take time off work to drive down valley is highly valued and
appreciated.
Please consider Tim Reed's tenancy with a favorable outcome for all of us.
Thank you for your time. effort and consideration.
,
Cheri Grinnell
r::r-~
t .:::../
" ....~,...,
u L..;,;';'(
~)(~i ~,.t E.
Todd Grange
From:
Sent:
To:
Cc:
Subject:
Marilyn Greenberg [butchiekg@hotmail.com]
Tuesday, February 20, 2007 11 :05 AM
Todd Grange
timreedpt@hotmail.com
tim reed
To whom it may concern,
i have been a client of Tim Reed for 10 years. he is a professional, personable, reliable
and a long time local, who just wants to serve the community in the best way he can. he
cannot afford a large rent in the heart of town and he would lose alot of his clients if
he had to move down valley.
what he does is not out of line of what the bylaws say. he is not a medical clinic or a
spa. what he does ia unique to the industry and it works. he spend an hour with each
client, tending to their particular needs. when we leave there, we feel better, and that's
the bottom line.
please give a local man a break and let him earn a decent living to support his wife and 2
kids.
marilyn greenberg
970-925-2620
**********************************
Marilyn Greenberg
butchiekg@hotmail.com
Mirmeapolis: 651/698-885"
Aspen: 970/925-2620
**********************************
1
Todd Grange
From:
Sent:
To:
Subject:
timreedpt@comcast.net
Monday, February 05, 2007 9: 19 PM
Todd Grange
Tim Reed Letter
Attachments:
rvl
-------------- Forwarded Message: --------------
From: <paulab@sopris.net>
To: <timreedpt@comcast.net>
Date: Mon, 5 Feb 2007 22:34:04 +0000
> NORTH MILL VENTURE, LLC., 465
> c/O MOUNTAIN MANAGEMENT OF ASPEN, INC., P.O. BOX 3795 ASPEN, CO. 81612
>
> (970) 925-7615
> (970) 920-3693 FAX
>
>
> FEBRUARY 5, 2007
>
> TO THE BOARD OF ADJUSTMENT
> CITY OF ASPEN
>
> TO WHOM IT MAY CONCERN:
>
> NORTH MILL VENTURE, LLC, 465 HAS BEEN MADE AWARE THAT TIM REED IS
> GOING TO APPEAR BEFORE THE BOARD OF ADJUSTMENT TO APPEAL THE DECISION
> OF THE ZONING OFFICIER OF THE CITY OF ASPEN.
>
> WE FIRMLY BELIEVE THAT TIM HAS THE RIGHT TO BE IN THE SPACE AND THAT
> HE IS IN COMPLIANCE WITH THE CODE.
>
> VERY TRULY YOURS,
>
> NORTH MILL VENTURE, LLC, 465
>
>
> PAULA BRODIN
> PROPERTY MANAGER
>
1
Page I of 1
Todd Grange
From: paulab@sopris.net
Sent: Monday, February 05, 2007 3:34 PM
To: timreedpt@comcast.net
Subject:
NORTH MILL VENTURE, LLC., 465
C/O MOUNTAIN MANAGEMENT OF ASPEN, INC.,
P.O. BOX 3795
ASPEN, CO. 81612
(970) 925-7615
(970) 920-3693 FAX
FEBRUARY 5, 2007
TO THE BOARD OF ADJUSTMENT
ClTY OF ASPEN
TO WHOM IT MAY CONCERN:
NORTH MlLL VENTURE, LLC, 465 HAS BEEN MADE AWARE THAT TIM REED IS GOING
TO APPEAR BEFORE THE BOARD OF ADJUSTMENT TO APPEAL THE DECISlON OF THE
ZONING OFFICIER OF THE ClTY OF ASPEN.
WE FIRMLY BELIEVE THATTlM HAS THE RIGHT TO BE IN THE SPACE AND THAT HE
lS IN COMPLIANCE WITH THE CODE.
VERY TRULY YOURS,
NORTH MILL VENTURE, LLC, 465
PAULA BRODIN
PROPERTY MANAGER
Page 1 of2
Todd Grange
From: Annette Teuscher [nettielu@comcast.net]
Sent: Wednesday, February 14, 20074:05 PM
To: Todd Grange
Subject: Tim Reed
Dear Mr. Grange:
RE: Tim Reed
465 N Mill St.
It has come to my attention that Tim Reed, one our town's finest physical therapists, has been informed
that he is in violation of the city's land use code where he is operating his business at 465 N Mill St.
(across from Clark's market) in Aspen.
I do not know the details of the code or the situation, but I have heard that he would not be in violation
if he were operating a business as a personal trainer, but because he is a licensed physical therapist, he
is not a]]owed to practice his skills in this location. I find this incredibly sad!
As a person who has broken MANY bones over the more-than-several years I have lived in Aspen, I
have become familiar with the practices of several physical therapists. Many put you on a machine,
or teach you a set of excercises to do, and then disappear for most of the session to take care of other
clients--they have to do this in order to make a living in this town.
But Tim Reed is different. He runs his business entirely by himself, and sees ONE client per hour. He
works this way because he wants to offer his clients quality personalized service and prefers to keep his
business sma]]. He spends time with each client getting to know them and their particular situation and
hones a program that is very specific for each individual, and spends the entire session working only
with that person. He not only does what is necessary to help his clients recover function after being
injured, but he gently guides them toward practices that will help them stay well. When a client is
finished with therapy, ifhe needs/wants further fitness training, Tim offers it. He excels atgiving
people training in strength and, especially, balance so that they can avoid injury and not need physical
therapy again. He occasionally gives lectures on the importance of balance training to help prevent
injury .
Tim is very skilled and dedicated to his profession, and I believe he offers a unique and
valuable service to the citizens of Aspen. It would be such a shame to force him to give up his license in
order to keep his business in an affordable space in town due to a technical distinction. The actual uses
of the space as a personal training center or a Pilates studio would be so similar to what is being done
there now--certainly the spirit ofthe code is not being violated. Couldn't some sort of variance be
granted, or something? Please don't make another sma]] business professional move out of the city
limits or abandon his profession because affordable space is not available. That would be a distressing
loss to our community.
Thank you.
Sincerely,
..., /1 A /'1(\(\7
Todd Grange
From:
Sent:
To:
Cc:
Suzanne Leydecker [sleydecker@hotmail.com]
Wednesday, February 14, 2007 11:11 AM
Todd Grange
timsmassage@hotmail.com
Dear Todd,
Tim Reed is the best. He is an asset to the community and I support him in having a space
in which he can serve his clients best.
By helping him, you only help all of us.
Sincerely, Suzanne Leydecker, Aspen CO
Suzanne Leydecker
sleydecker@hotmail.com
1
Page 10f2
Todd Grange
From: Janet Ferrara Oaf@giveninstitute.org]
Sent: Wednesday, February 14, 20073:26 PM
To: Todd Grange
Subject: Tim Reed
Dear Mr. Grange,
I am writing on behalf of Tim Reed who is asking to retain space at 465 N. Mill Street. In November Mr. Reed
provided physical therapy to me following a skiing injury. I would not be back on skis without his service. Tim
spent a minimum of 1 hour with me at each appointment. He did not leave my side during that time and focused
strictly on my injury and treatment. This is unlike other therapists who see multiple patients simultaneously.
Mr. Reed was also a public lecture speaker at the Given Institute in December of 2005. He spoke for free to an
audience of 100 locai residents providing information about ski conditioning and injury prevention. This lecture is
still broadcast on Grassroots TV.
Please allow Tim Reed to continue to provide service at 465 N. Mill Street. His expertise is invaluable and the
clinic is well suited for this service, convenient and accessible, especially by those unable to walk.
Sincerely, Janet Ferrara
-----------------------------------------
Janet Ferrara
Given Institute/University of Colorado School of Medicine
100 East Francis Street
Aspen Colorado 81611
970-925-1057 phone
970-544-9758 fax
www.oiveninstitute.oro
----------------------------------------
2/14/2007
Page 1 of I
Todd Grange
From: K.Greenwood [aspenflygirl@yahoo.com]
Sent: Tuesday, February 13, 2007 8:00 AM
To: Todd Grange
Subject: tim reed, physical therapy
Todd Grange
City of Aspen Dept. of Community Development,
I am writing in regard to Tim Reed and his use of 465 N. Mill for his physical therapy business. I have
known Tim for the last 7 years and he is a hard working professional with a young family that provides
a unique service to the Aspen community. Tim has a wealth of knowledge and truly cares about his
patients. Their is no doubt that he is an enormous asset to our community. His business is dependent on
being centrally located so as to better serve his clients.
So many crucial businesses have been squeezed out of our community over the years leaving us not as a
real community but as a shell of a community. I am encouraging you to do what you can to accomodate
Tim Reed so we don't lose yet another important service in our city.
Krys Greenwood
Sucker-punch spam with award-winning protection.
Try the free Yahoo! Mail Beta.
'1/1'21'1()()'7
Page I of3
Todd Grange
From: John Jellinek Oohn@jelcoventures.com]
Sent: Tuesday, February 13, 20074:48 PM
To: Todd Grange
Cc: timothy reed
Subject: Tim Reed
I am writing you to comment on Tim's plea for help. He wrote to me:
"As you may know, I moved my business to the building across from the Post Office
in July. At the time of my move I was looking for a space that would allow me to
work with people as their trainer and fitness consultant more than just their
physical therapist. Shortly after, the city community development office informed
me that r was violating the land use code for the s/c/r
(service/commercial/industrial) district. That district includes the building I am
in (465 N Mill St), the basement level of the 'Clark's Market" building, and
several unidentified spaces in the new Obermeyer Place building. According to the
community development director, Chris Bendan, the designation of the zoning for the
spaces in Obermeyer Place is determined space by space, allowing for the community
development office and the Obermeyer officials to decide which businesses it wants
on a case by case basis.
My issue is this: I am licensed physical therapist with 8 years of service to the
Aspen community. I have focused my practice on the individual: I see each person
by myself without assistance for 45 to 60 minutes. That allows me to offer the
best care that is possible. I also run the entire business by myself, much to the
chagrin of all who call, which allows me to save money. If I give up my license
and become ~just a personal trainer" or ~pilates instructor", I can stay in the
space. That is because the code would allow for me to do what I am doing as long
as I am not a licensed medical professional."
~Il ,nnn7
Page 2 of3
I am a long time patient of Tim's. He not only helped me after a hip replacement
but also helped my wife with a broken leg. You may know me as a member of the AVH
Board as well as treasurer of the Hospital. I think, in the best interest of the
community Professionals like Tim, they should not be forced to give up a license to
treat AVH patients and others in order to comply with a rather difficult regulation
to understand. I strongly urge you to allow Tim not only to keep his license, but
to continue to provide the service to the community at his current place of
business.
John
John I Jellinek
Jelco Ventures Inc.
255 Gold Rivers Court
Suite 120
Basalt,Colorado 81621
Ph 970 925 4710 Main
Ph 970 300 2514 Direct Dail
cell 970 319 6121
fax 970 927 4419
John@jelcoventures.com
www.Jelcoventures.com
www.aspenpartnerslp.com
"''' '" I"'^^~
DAVID M. EDDY, M.D., PH.D.
1426 CRYSTAL lAKE ROAD
(970) 544-3475
AsPEN, COLORADO 81611
. FAX: (970) 429-0882, EMAIL: EDDYASPEN@YAHOO.COM
Todd Grange
Community Development
130 S, Galena
Aspen, 81611
Dear Todd:
Regarding Tim Reed's lease:
I encourage independent health services such as Tim's. They are more personal,
affordable and help off set the impersonal care that is resulting by the demands made
on the medical profession. Medical care is becoming unaffordable and unavailable to
many. Tim's license to practice physical therapy requires a high level of education
I know from experience that Tim Reed offers a quality service and is highly skilled.
I respect Tini and his profession. PhysiCal therapy and training requires lengthy
schedule appointments to be effective. Unlike some medical specialties that schedule
ten minute appointments at extortionate rates. The nature of Tim's business cannot
support a high overhead; therefore he has no staff or frills. It would benefit Tim and the
community to consider him in compliance with the code governing his space.
.~-
r:-"); I:. 1'","'-',
iC.~.l -,. ::"-~'~I
I
Page 1 of2
Joyce Allgaier
From: Sheilahbzg@aol.com
Sent: Friday, February 23, 2007 9:39 PM
To: Milzi Rapkin
Subject: Tim Reed Hearing at City Council Chambers, March 1, 20074 PM
I would appreciate your sending this email to each of the City Council members to read before the above
hearing,
February 23, 2007
Dear City Council Members,
I am writing this email on behalf of supporting Tim Reed's application to be allowed to remain at his location on
Mill Street.
I am a thirty year local and meet Tim last year on the recommendation of another long time local. It was his
body work that is the reason why I am skiing, climbing and hiking with a huge grin on my face instead of a
grimace of pain. I started with Tim before he was at his present location, but while he had negotiated the
new lease and while he and his family and even his in-laws spent every night and every day to "spare"
personally doing all the work on the premises to get it ready.
I know that after all that work and after Tim had moved into the location, that someone from the City came by to
check out the activity and mentioned that it might not be conforming. I know that Tim wrote a letter at that time
explaining his position, more than six months ago, and that he never heard back in the negative.
I question this timetable. Is it really fair to have someone working in their business for that period of time and
then say the City is pulling the plug. To me, a fair solution to this problem, which I see is not exclusive to Tim,
would be to grandfather in the people who are in there working, and then to control future problems by initiating
and enforcing a requirement for future lease holders and landlords that all leases must be approved as to
business nature before the lessee begins tenancy.
That to me would be a much fairer progression for a person trying to start a business, rather'than for the lessee
to put the money and effort Into a hope and dream and then six months later have it dashed.
I am at a loss as to why Tim Reed's body work is any different from historical businesses in the complex. Have
any of you been around iong enough to remember Joanie Tiege's twin sister's aerobics studio in that complex.
I don't remember the girls names, but they had the first body work studio in the complex. Then there was a
biirkram's "hot" yoga studio. Then about three years ago, I met a woman rollerblading up Maroon Creek Road,
who was running a Pilates practice in that complex. Those historical businesses are all body work.
Additionally, i seem to remember hearing something about retail not accounting for more than 20% of gross
revenue. I may have the percentage wrong. Under scrutiny, would all the businesses in that complex, rug
sales, new very high end sports equipment, used sports equipment, etc., pass that test. For example, and not
to point a finger as I very much like the store and the owner, but just how many bikes tunes, the service end,
would it take to equal the sale of just one $10,000 bike, which is a "common" bike sale in Aspen.
Would it really be fair to selectively enforce the requirements of zoning. Once again, I respectfully suggest that
you employ some form of pre-tenancy lease approval.
One last thing, as i know this is long winded. A couple of weeks ago I went to make an appointment with
a professional who advertises an Aspen office. When I called for an appointment, the receptionist starting
telling me about openings in the Basalt office. I chose a different professional. I live in Aspen. I buy in Aspen.
I support Aspen. I pay taxes in Aspen. I don't drive down valley for errands. I avoid being another person
clogging the highway and using up precious resources.
tim reed
Page 1 of 1
Todd Grange
From: Shelly Malkin [SMalkin@wmproperties.com]
Sent: Monday, February 26, 2007 9:57 AM
To: Todd Grange
Cc: Joyce Allgaier
Subject: tim reed
To Whom It May Concern,
I am a climber who was in a really bad accident 3 years ago.
After multiple surgeries to fix my shattered ankle I worked with Tim
on the rehab and am now back to my usual tricks (check out the new
Independence Pass Climbing Guide for picturesl).
Anyway, I am completely convinced that it was Tim's individual attention
and hands on work that allowed me to recover so well.
Having experienced the assembiy-Iine approach to physical therapy
of other therapists in town, I am sure I would not have progressed
nearly as well without Tim.
Personally, I don't understand all the specific zoning laws and requirements
of the building, but I do know that tenants are supposed to be serving the local
community and I can't think of a more worthy way to serve than Tim.
I used to bring my dog to that building to be groomed, and while she came out
looking gorgeous, and I really liked the owner, I'd certainly say that being able to
walk again was more valuable than a clean dog.
Also, I know that Tim needed to find affordable space because he works
on his own and concentrates on one patient at a time and focuses on quality work
over quantity of people.
It would really be a shame and a mockery of what aspen claims to value,
to have Tim kicked out of his office because of some arcane zoning laws
which don't even seem to apply to others in the building.
Thank You very much for your consideration of this matter.
Sincerely,
Shelly Malkin
432 West Francis
Aspen, Co 81611
2/26/2007
RESOLUTION NO. ~
Series of 2007
A RESOLUTION OF THE BOARD OF ADJUSTMENT OF THE CITY OF ASPEN,
CASE NUMBER ~, DENYING AN APPEAL OF THE ZONING OFFICER OF
THE CITY OF ASPEN, COLORADO.
WHEREAS, Aspen Manual Therapies and Rehabilitation. PC,
owned by Timothy G. Reed, submitted an application to appeal
the decision of the Zoning Officer of the City of Aspen, to
the Board of Adjustment as outlined in Section 26.316.020;
and
WHEREAS, the decision of the Zoning Officer is put forth
in a letter dated January 9, 2007, from Todd Grange to Mr.
Timothy Reed (Exhibit A of this resolution)regarding the use
of property for physical therapy in the
Service/Commercial/Industrial Zone District located at 465
North Mill Street; and
WHEREAS, this
Board of Adjustment
and consideration
presented.
matter came for public hearing before the
on March I; 2007 where full deliberations
of the evidence and testimony was
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
ADJUSTMENT OF THE CITY OF ASPEN, COLORADO:
Section 1. Findings of Fact.
The Board of Adjustment makes the following findings of
fact:
1. A request for the appeal was initiated by: Aspen
Manual Therapies and Rehabilitation, PC by Timothy G.
Reed, Aspen, Colorado.
2. Notice of the appeal has been provided to
surrounding property owners, published in the Aspen
Times and posted on the property in accordance with
Section 26-304-060(E) (3) of the Aspen Municipal Code.
Evidence of such notice is on file with the City Clerk.
3. The Board of Adjustment could not find that there
was A.) a denial of due process, or B.) that the
administrative body exceeded its jurisdiction or abused
its discretion pursuant to Chapter 26 of the Aspen
Municipal Code and therefore the Zoning Officers
decision or determination shall not be reversed or
modifed.
E)t~""'+ F
Section 2. Appeal Denied.
The Board of Adjustment does hereby DENY
the appeal from the terms of Chapter 26 of
Municipal Code by a __ to (__ __)vote.
the applicant
the Aspen
APPROVED AS TO FORM
City Attorney
INTRODUCED, READ AND ADOPTED by the Board of Adjustment of
the City of Aspen on the 1st day of March 2007.
Chairperson
I, the undersigned duly appointed and acting Deputy City
Clerk do certify that the foregoing is a true and accurate
copy of that resolution adopted by the Board of Adjustment of
the City of Aspen, Colorado, at a meeting held on the day
hereinabove stated.
Deputy City Clerk
Page I of 1
Todd Grange
From: trisha scott [trishascott@comcast.net]
Sent: Monday, February 26, 2007 10:50 AM
To: Todd Grange
Subject: tim reed physical therapy
To All It May Concern;
I have known and used the services of Tim Reed for the past ten years. I have been a working resident of Aspen
for the past 23 years.
It would seem to me that it is the Community Development's office purpose to retain the highest level of service
possible, for its citizens, and it would further seem to me that the Physical Therapy/Service that Tim provides
would fit under the intent of the zoning for the building in which Tim operates, 465 N. Mill St.
And if those of you who read this think it doesn't fit the intent of the zoning, I honestly think you should take it as
your duty to change the designation to allow Tim to continue operating as he does.
There is no other Physical Therapist or clinic in Aspen that operates as Tim does. By seeing patients for one full
hour, he has had tremendous success with patients who have had NO success with traditional physical therapy.
As a Massage Therapist with 10 years experience in Aspen I have referred countless clients to Tim, all have
experienced a degree of rehabilitation they never found at insurance-driven institutions such as the Aspen Club,
and the hospital.
There must be room for someone with Tim's expertise, technique, and commitment to practice and serve, in
Aspen. The only other PT who practices with an hour hands-on approach, is in Glenwood. Most working people
cannot take a half a day, 3 times a week, to make the trek to Glenwood, when they are rehabilitating an injury.
Please consider it your job, and your obligation, to retain Tim Reed where he is, for the benefit of the working
people of Aspen.
Thank you,
Trisha Scott CMT
225 N. Mill St. #201
Aspen, CO.
81611
948-3770
trishascott@comcast.net
)/)(;/')007
Page 1 of 1
Todd Grange
From: Margie Sturgis [margsturg@earthlink.net]
Sent: Saturday, February 24, 2007 8:34 AM
To: Todd Grange
Subject: Tim Reed
Dear Todd,
I have been a client of Tim Reed's for a year now. He is a tremendous asset to the community and I
think he fits in very nicely to the area around the Post Office. He is providing a service to the
community and individuals that is hard to afford in this town. I am a working local and find that by
seeing Tim once a week he is helping me stay healthy so that I can work better, play better and have a
overall better quality of life. .
Please vote in favor to keep Tim in that space. It is good for everyone!
Sincerely,
Margie Sturgis
Margie Sturgis
m~rgs!urg@~!Lrt_hjiJ).k~!l~!
Why Wait? Move to EarthLink.
2/26/2007
March I, 2007
Todd Grange
City of Aspen Community Development
130 S Galena
Aspen CO 81611
Hand Delivered
Dear Todd:
I am writing on behalf of Tim Reed's application for us ofSCI space on Mill Street. Tim
has made every effort to keep his practice accessible to thus of us with fewer resources and
genuine physical therapy needs.
Tim provides the type of service that is being driven out of the community by rising rents.
I have serious reservations about a process that allows zoning decisions on a case by case basis.
Tenants should have clear rules on use prior to entering a lease.
That being said, this is not the time to create new rules. In this instance, I hoipe you can
justifiably rule that Tim reed may remain in the SCI space.
ThankYOU?e;fcP1 "G
Mick Ireland
920-2858 i
mick@so1;>ris.net 1
Page I of I
Todd Grange
From: JILLSRUBI@aol.com
Sent: Thursday, March 01,200710:56 AM
To: Todd Grange
Subject: tim reed
dear mr. grange, yes, this is a letter of support for tim reed. i am a colorado resident and aspen home owner for
35 years. two years ago ,i sustained a horrifying ski accident in which i shattered my hip and my pelvis. after
surgery i was told to do physical therapy to be able to walk without crutches or canes. i started therapy with tim
and am not only walking, i can ski again. tim reed is a gifted man. he knows his stuff. at no time did i get the
impression he was "medical facility" there were no prescription,no medications. nothing but exercises that
improved balance, coordination and strength. this gave me the hope that i would walk properly again. when i
am in tim's studio,all i ever see are locals. my husband is now working with tim for his "golf hip" i don't want to
brag but he shot a 76 last week. tim's gift and it is a gift, is enjoyed by those of us who live and work here .he
is not a 'clinic" there are no nurses, diagnostic machinery, no X-ray. tim reed is a great asset to this very athletic
community. this is a case of a much needed service for our community. i hope you will view favorably upon
tim's application to stay in his present location which is so convient to all of us. i hope you never need his
services, but i could not recommend anyone more highly.. thank you for your consideration. jill sl. john wagner
AOL now offers free email to everyone. Find out more about what's free from AOL at AOL.com.
311/2007
Page I of2
Joyce Allgaier
From: Townsend, MarrGwen [marrgwen@taltrade.com]
Sent: Thursday, March 01, 2007 11 :57 AM
To: Joyce Allgaier
Subject: Tim Reed Hearing March 1st
I am a client of Tim Reed and a homeowner in the town of Aspen. I understand that you are having a hearing today regarding
Tim's presence at 465 N. Mill Street and the compliance with the code. I cannot be at the hearing but I would like to express my
hope that Tim be allowed to continue to operate his business in the space where he is located. I believe that Tim provides a
valuable service that the town of Aspen should encourage.
I became a client of Tim's after knee surgery caused by a skiing accident in Aspen. My knee surgery was performed successfully
by Dr. Pevney of Aspen but I was not recovering properly. I saw several physical therapists but did not make satisfactory
progress until I found Tim Reed. Tim Reed's service is special for two reasons. First, the client gets Tim's entire attention for the
appointment period rather than being shunted between machines and interns while therapist sees several other patients. That
means that Tim is able to stay focused on the patient and help solve their problem. Second, Tim is trained in all of the
components required for recovery which is rare in this field. Sometimes the cause of the problem is mysterious. Many therapists
pass the patient between different practitioners, such as trainers or massage therapists. Continuity is very important because
information is lost in the handoff and sometimes no handoff takes place because it is too hard for a recovering patient to travel to
different places for different treatments. Speed is very important if the patient is going recover quickly before scar tissue is
formed.
I do not understand the particular legal issues of the zoning of this area but my impression is that the area is zoned for service and
Tim is performing a service. The visibility and accessibility of the space is important to this kind of service. This space is easy to
see so potential patients can find out about Tim easily. Being able to drive to the front door of the facility is so helpful when you
are recovering from surgery. Struggling on crutches from a distant parking space is hard and additional injuries can happen. The
afford ability of the space is important because other more expensive space would mean that Tim would have to juggle multiple
clients at one time or the business would not be viable.
I also think that Tim's business is good for the other business of the area. I know that I have come to know and use other
businesses because I became familiar with them when I was visiting Tim's facility.
I would not bore you with the details of my situation except that I think it is a common one. Many people have successful
surgeries after skiing accidents only to fail to recover their previous quality of life because of the inadequacies of the physical
therapists. Tim's model is a successful one for the patient and I believe it the kind of service that Aspen wants to encourage.
hope that your hearing resolves the situation and he can continue in this space.
Thank you for your attention.
Sincerely,
MarrGwen Townsend
3/1/2007
Page I of I
Todd Grange
From: etcco@aol.com
Sent: Thursday, March 01, 2007 9:10AM
To: Todd Grange
Cc: timsmassage@hotmail.com
Subject: Aspen Manual Therapies
Dear Tod,
This letter is for to support Tim Reed of Aspen Manual Therapies to be able to keep his practice in his
current location. Tim is an asset to the Aspen Community and has helped many, including myself and
my ankle, in his occupation as a physical therapist, personal trainer, massage therapist. It would be a
shame. to lose such a resource simply because he has studied and worked hard to obtain a "license" in his
career when there are so many people working with those same "titles" who don't have nearly the same
dedication or knowledge that Tim posseses. Tim has kept his prices "reasonable" which allows many of
his patience to afford treatment which they may otherwise never be able to access,
Sincerely,
Erika Teich Corbin, EA
This message (including any atlachmcnls) clmtains confidential inl()rmation intended for a specific
individual and purpose, and is protected by law. I f you arc not the intended recipient, you should delete
this message and arc herd" notilicdthat any disclosure. copying. or distribution of this message. or the
taking of~my action hased (111 it. is stricti;, prohihited.
IRS CIRCULAR DISCLOSl RE. To ensure compliance with requirements imposed by the Internal
Revenue Service. wc in!()rm YOll that any advice with respect to t.ax matters contained in this
communication (including attachmcrns) was neither written nor intended by the sender or ETC-Tax
Services to be used. and cannot be Llsed. by any person i(". the purpose of: (i) avoiding tax-related
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3/112007
Michael L. Spalding
1360 Snowbunny Lane
Aspen, Colorado 81611
(970) 925-6810
micksptaJ,comcast.net
February 27,2007
City of Aspen
Community Development Department
Chris Bander, Todd, & Joyce
Aspen, CO 81611
Dear Chris, Todd, & Joyce:
The purpose of this letter is to support the City in doing the right thing and allowing Tim
Reed to continue to practice physical therapy in his office at 465 N, Mill Street. Why
should the City allow Tim to practice physical therapy at his current location?
I. The Aspen community needs Tim's practice here,
2, His rates are reasonable, more so than other physical therapists, and he still takes
insurance,
3. He is a consummate professional. I know this from personal experience since he
has worked extensively with injuries my wife and I have sustained, as well as
with our teenage daughter.
4. There are very few reasonably priced spaces available for a practice like Tim's to
succeed financially.
5. The City has made exceptions before for businesses located within this
commercial zone, Isn't that a precedent?
6. The City says over and over how important it is for locals to be able to live and
work in Aspen, Here is your chance to prove that for a local businessman who
also lives in Aspen (Highlands employee housing),
7. The SCI Zone was established for businesses like Tim's, why change it now?
8. Tim's business fits into the spirit of the SCI zoning,
9. There will be no negative impacts to the City or the Community by allowing Tim
Reed to continue to practice physical therapy,
Allowing Tim to continue his practice is the right thing to do, Based on the history of the
SCI zoning, the spirit of the zoning, and the needs of the community, I encourage the
City to allow Tim to remain where he is and to provide the full range of his service,
I do want to share with you an experience that I had that was similar to Tim's. I had
rented office space for my new property management business, which I had borrowed
r
$250,000 to start. I was located on site at a property we were managing. I was
occupying commercial space and the City applied a law which my attorney said was a
real stretch and forced me to move to a more expensive location. I was able to hang on
for a while, but losing that location caused me to lose part of my customer base. I spent
thousands of dollars that I could not afford at the time on legal expenses, and I was forced
to sell out at a loss to an out of town company, which in turn sold to an out of state
publicly traded company. Thus a locally owned business died.
Please don't cost Tim his business. Our community needs people and businesses like his.
Please don't close locals out of Aspen. Do the right thing.
Thank you for your consideration.
Sincerely,
Mickey Spalding
Susan Spalding
1360 Snowbunny Lane
Aspen, Colorado 81611
(970) 925-6810
spalding3(IVcomcast.net .
February 28, 2007
Joyce Allgaier, Todd Grange, Chris Bendon
City of Aspen, Community Development Department
130 South Galena Street
Aspen, CO 81611 via e-mail
Dear Joyce, Todd, and Chris:
I'm writing to ask you to please allow Tim Reed to remain in his current location at 465
North Mill Street, practicing physical therapy as well as personal training and fitness
consulting.
Tim provides a service to our community which is unmatched by other physical
therapists, His new location is perfect for his patient's needs. We can park just outside
his door and within a few steps be inside. This is critical for certain of his patients (of
which I've been one in the past and am one now) who have limited mobility.
Tim generates the least amount of auto traffic of any of the tenants in that building, as he
only sees one person per hour. I should think that this factor is of benefit in the City's
mind, as I know it wants reduced traffic flow in town,
Given that Tim sees only one person per hour, he cannot afford rent in the commercial
zone in town. He provides a unique service in that he spends all of the hour with his
patients at an affordable price - something that I've not seen elsewhere.
I ask you to please allow Tim to operate in the SCI zone as he is a locally owned, locally
serving business that helps the members of our community. It would be a great loss to
many of us if he were to be forced out of Aspen, or forced to go to work elsewhere where
money drives the time spent with the patient (i.e., reduces it).
I've known Tim since he moved here in 1999, He has helped me with numerous physical
ailments, and has helped my high school athlete daughter almost every season of her
runninglbasketballlvolleyballfNordic career deal with the injuries that are seemingly
inevitable.
Please allow Tim to remain where he is, doing what he does best. Thank you for your
consideration.
Sincerely,
Susan W, Spalding
TIM REED-CITY COUNCIL MEETING 3-1-07
lbis letter is addressed to Todd Grange City of Aspen Department of Community Development
and the Aspen City Council.
To whom it may concern;
Tim Reed has been serving a local clientele for 8 years as a licensed physical therapist. Tim
works alone to provide a one on one hour long session of fitness consulting, training and physical
therapy.
I have been to numerous physical therapists before meeting Tim four years ago. Tim has helped
me tremendously not only to heal my body with physical therapy from multiple injuries sustained
over a life time, but he has helped me train my body to compete again in athletic competition.
My entire life I have been involved in sports (hence the multiple injuries) and Tim Reed has by
far given me the best advice and help of anyone I have ever seen. Tim is the only physical
therapist I have ever encountered that has given their full attention to me for the entire length of
my appointment. Usually, I have been seen for a brief overview or follow up and then passed on
to an assistant to oversee the rehab, ultra sound or training.
Tim offers a vital service to our community and by moving his office he would not be able to
attend to his clients in the manner he has previous).y. I for one would be terribly disappointed to
lose Tim's valuable services as he is the only therapist I have ever been to that devotes this
amount of time and effort to each and every one of his clients.
With our high rents and space at a premium, this space allows Tim to operate a one man show to
give his clients top quality care at a price he is able to afford. I don't understand why the City
code would allow Tim to continue his business if he were to give up his physical therapy license
and becomes just a personal trainer. There are other businesses allowed in this building that
relate to physical health, yoga, pilates and martial arts. Just because Tim has a medical license he
is operating illegally- "PLEASE"! We should welcome someone of this caliber to do business
as his license allows him to practice. Tim's business doesn't pose a parking problem, noise
violation or any of the other problems associated with some of the other businesses in this
building.
I do believe that Tim's business should be allowed to continue in his current location, while
keeping his physical therapy license in tact. Meaning that he will continue business as a licensed
medical professional. Ten of the fourteen businesses located in this building were written into the
zone's code because they were non-conforming with regard to the code as written. Tim's
business is locally owned, serving a local clientele. I might also mention Tim has a wife, two
children and lives in affordable housing in town.
I truly hope that the Aspen Department of Community Development and the City Council allow
Tim to continue his business in this location. Otherwise, it will be just one more case of pricing
the locals out of business in this community!
~J'9],lfor your tim~) 7
Telsha~ (( c_ ._.) If [(0 -
NOTICE OF PUBLIC HEARING
City of Aspen Board of Adjustments
NOTICE IS HEREBY GIVEN that a public hearing will be held on Thursday, March I,
2007, at a meeting to begin at 4:00 p,m. before the Aspen Board of Adjustments in the
Council Chambers, City Hall, Aspen, Colorado, 130 South Galena Street, Aspen, The
hearing is for an appeal of the Zoning Officer's determination finding that the use of
property located in the Service/Commercial/Industrial Zone District (S/C/I) for use as a
medical/fitness service business is not permitted per the Land Use Code, Chapter 26, of
the Municipal Code. The applicant/owner is Timothy Reed and the subject property is located
at 465 North Mill Street.
All correspondence and questions should be directed to Todd Grange, Zoning Officer @ 429-
2767, or toddglalci.aspen,co,us at the City of Aspen Community Development Dept. 130, South
Galena Street, Aspen, CO 81612.
s/Rick Head, Chairman
City of Aspen Board of Adjustments
Published in the Aspen Times on Feb. 11,2007
City of Aspen Account
City of Aspen Municipal Code
Chapter 1.04
GENERAL PROVISIONS*l
1.04.140 Application of code by city officers or employees.
Whenever in this code or in any code adopted herein it is provided
that anything must be done to the approval or pennission of or
subject to the direction of, any administrative officer or employee
ofthe city, this shall be construed to give such officer or employee
only the discretion of determining whether the rules and standards
established by this code or by any code adopted herein have been
complied with; and no such provision shall be construed as giving
any administrative officer or employee discretionary powers as to
what such regulations or standards shall be, or power to require
conditions not prescribed by this code or by any code adopted
herein or to enforce the provisions thereof in an arbitrary or
discriminatory manner. (Code 1962, ~ 1-1-7: Code 1971, ~
Along with the above code,
The Board of Adjustment is required to review the appeals based
on the following standards of review:
A decision or determination shall not be reversed or modified
unless. ..
1. There is a finding that there was a denial of due process, or
2. The administrative body has exceeded its jurisdiction or
abused its discretion.
In response to both the General Provisions of the City of Aspen
Municipal Code, Chapter 1.04 and the required standards of review
upon which the BOA is to detennine this appeal, the following
facts must be considered.
'2.-
1. Denial of Due Process
1) The applicant was notified by site visit that he was in
non-compliance of the city code SCI and that a letter
explaining the details would be sent in the next week.
2) The applicant was advised by the deputy director of
community development that he should write a letter
stating the nature of the business and the percentage
breakdown of the Applicant's business and that this
information would be sufficient to defer a finding of
non-compliance, if the letter was written with the
language discussed during the meeting with the deputy
director of community development.
3) Applicant sent the letter to zoning officer Grange,
deputy director Allgaier, director Bendon, Mayor
Klanderud, Council person Torre, Council person
Johnson, Council person Richards, Council person
DeVilbiss and City Manager Barwick on July 20, 2006.
On July 21, 2006 Applicant received email from Mayor
Klanderud and Council person Richards indicating that
the letter had been received but could not be addressed
by council in the event that an appeals hearing would be
heard in that quasi-judicial setting.
4) Applicant received certified letter dated January 9, 2007
on January 16,2007,6 months after initial visit from
zoning officer Grange indicating that a finding of non-
compliance was determined.
5) Applicant believes that due process was violated with
regard to lack of timeliness on part of the zoning
officer. Applicant is aware of other "applicants" that
were contacted and "dealt with" in timely and proficient
manner during this time. This applicant deserved the
same due process in his case.
>
II. The administrative body has exceeded its jurisdiction or abused
its discretion
According to the city land use code the SCI district is defined as
follows:
The SCI district is specific in its Purpose 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.
Locally serving business: the applicant provided 2680.5 hours of
service over the last 12 months from March 2006 through February
2007. With 4 weeks of vacation in the 12 month period that
averages 55.84 hours per week of service. 88.3% of the hours
providing service were provided to citizens of Aspen who reside in
the Roaring Fork Valley at least 9 months of the year (thus also
meeting the criteria the housing board uses to determine "local"
status). For every 55.84 hour week the applicant works, 49.31
hours are used to service locals. The business therefore meets the
requirement of the originally intended code with regard to locally
serving business.
The business of the applicant is also primarily non-retail.
A breakdown of the businesses found in the SCI district currently
include the following businesses:
Cf
Office uses: Non-profit organization, 4 architectural firms, and 2
property management companies.
Service uses: Dry cleaning, Laundromat, post office branch,
instructional or performing arts studio with no public
performances, health and fitness facility and spa, car detailing
shop, catering facility, and snow removal business.
Retail uses: Consignment sporting goods store, video store, bike
shop with rentals, costume and tuxedo rental store, and hardware
store.
Allowed uses, as per the SCI code quoted by deputy director
Allgaier would also include, but are not limited to a
veterinary clinic, a Pilates studio, a yoga studio, and a
martial arts studio.
Enclosed are photos of some of the businesses (or signs thereof)
indicating the presence of the businesses already allowed in the
SCI zoned buildings. The picture of the Aspen Velo bike shop
indicates a sign that was put up no later than October 15' 2006.
\ E:x.H /J3{T ~
I
I am a member of the community who has a proven record
of serving the community in every way that my occupation
allows. I am a father of two small children, who, with my
wife, hope will be able to consider Aspen their home even
after they graduate from the Aspen High School. I have
devoted my time, energy and passion to my family and to
my job. I represent the very locally-owned, locally-serving
business that city council wants.
As a physical therapist I am trained in a variety of
disciplines.
The three basic tenets of physical therapy as determined by
the American Physical Therapy Association are
1) Diagnose and manage movement dysfunction and
enhance physical and functional abilities.
2) Restore. maintain. and promote not only optimal
physical function but optimal wellness and fitness and
optimal quality of life as it relates to movement and
health
3) Prevent the onset, symptoms, and progression of
impairments, functional limitations, and disabilities
that may result from diseases, disorders, conditions, or
.. .
lllJunes.
Physical therapy is also directed by a set of professional
values that include: accountability, altruism,
compassion/caring, integrity, professional duty, and social
responsibility .
2-
All of these tenets and values are the basis for my business.
The community development office has cast me as a
violator of the code, when in fact I meet the standards of
the code as it is written and has been enforced.
My license to practice Physical Therapy allows me to use
any means at my disposal to reach the tenets listed above.
That same license allows me to practice both of the
disciplines, yoga and Pilates, that are approved uses in the
SCI code. I am allowed to use them as modalities to solve
a problem or condition. I can, and do, also use them as
stand-alone methods of improving function.
The zoning officer listed several aspects of my letter dated
July 20, 2006 as evidence of my non-compliance.
Please allow me to respond: movement exercise for
rehabilitative purposes and fitness are used in the same
manner as a Pilates/yoga/martial arts are used in a studio.
As the terms Pilates, yoga, and martial arts are not defined
in the SCI code, they must be defined by their common use
and understanding. Common understanding leads to a
health and fitness listing found in the defined service uses
of the land use code.
He further states that my business of Physical Therapy
qualifies as a medical clinic. Mr. Grange would get a
different definition by calling The Center for Medicare
Services. By their definition, and by the definition of every
medical professional in the roaring fork valley, I am not a
clinic until I invite another health care professional to work
in my office.
3
Mr. Grange also states that my business is a fitness club
because I am focused on the wellness side of and not so
much on the medical side of physical therapy. The two
thoughts are just that: two separate thoughts. Focusing
on the wellness side of physical therapy was a business
change I made for the summer, following my discussions
with deputy director, Joyce Allgaier. I changed the nature
of my business and treated no patients with prescriptions,
and filed no insurance claims for the summer and fall of
2006 so that I would be in compliance according to the
direction given my by Ms Allgaier. Besides, how can I
possibly be both a medical clinic and a fitness club when
in fact my business is neither.
Upon realizing that I was to be called a Physical Therapist
no matter what I did, I am now asking that the BOA, in
accordance with 1.04.140 of the municipal code determine
1) that the office of community development exceeded its
authority and abused its discretion and 2) that the office of
community development denied my right to due process by
acting in a manner detrimental to my business, and that the
Board of Adjustment allow me to continue to practice that
service that will allow me to serve the community in the
way I am most capable and that the community needs.
City of Aspen Municipal Code
Chapter 1.04
GENERAL PROVISIONS*l
1.04.140 Application of code by city officers or employees.
Whenever in this code or in any code adopted herein it is provided
that anything must be done to the approval or permission of or
subject to the direction of, any administrative officer or employee
of the city, this shall be construed to give such officer or employee
only the discretion of determining whether the rules and standards
established by this code or by any code adopted herein have been
complied with; and no such provision shall be construed as giving
any administrative officer or employee discretionary powers as to
what such regulations or standards shall be, or power to require
conditions not prescribed by this code or by any code adopted
herein or to enforce the provisions thereof in an arbitrary or
discriminatory manner. (Code 1962, ~ 1-1-7: Code 1971, ~
Along with the above code,
The Board of Adjustment is required to review the appeals based
on the following standards of review:
A decision or determination shall not be reversed or modified
unless.. .
1. There is a finding that there was a denial of due process, or
2. The administrative body has exceeded its jurisdiction or
abused its discretion.
In response to both the General Provisions of the City of Aspen
Municipal Code, Chapter 1.04 and the required standards of review
upon which the BOA is to determine this appeal, the following
facts must be considered.
'-
I. Denial of Due Process
1) The applicant was notified by site visit that he was in
non-compliance of the city code SCI and that a letter
explaining the details would be sent in the next week.
2) The applicant was advised by the deputy director of
community development that he should write a letter
stating the nature of the business and the percentage
breakdown of the Applicant's business and that this
information would be sufficient to defer a finding of
non-compliance, if the letter was written with the
language discussed during the meeting with the deputy
director of community development.
3) Applicant sent the letter to zoning officer Grange,
deputy director Allgaier, director Bendon, Mayor
Klanderud, Council person Torre, Council person
Johnson, Council person Richards, Council person
DeVilbiss and City Manager Barwick on July 20, 2006.
On July 21, 2006 Applicant received email from Mayor
Klanderud and Council person Richards indicating that
the letter had been received but could not be addressed
by council in the event that an appeals hearing would be
heard in that quasi-judicial setting.
4) Applicant received certified letter dated January 9, 2007
on January 16,2007,6 months after initial visit from
zoning officer Grange indicating that a finding of non-
compliance was determined.
5) Applicant believes that due process was violated with
regard to lack of timeliness on part of the zoning
officer. Applicant is aware of other "applicants" that
were contacted and "dealt with" in timely and proficient
manner during this time. This applicant deserved the
same due process in his case.
}
II. The administrative body has exceeded its jurisdiction or abused
its discretion
According to the city land use code the SCI district is defined as
follows:
The SCI district is specific in its Purpose 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.
Locally serving business: the applicant provided 2680.5 hours of
service over the last 12 months from March 2006 through February
2007. With 4 weeks of vacation in the 12 month period that
averages 55.84 hours per week of service. 88.3% of the hours
providing service were provided to citizens of Aspen who reside in
the Roaring Fork Valley at least 9 months of the year (thus also
meeting the criteria the housing board uses to determine "local"
status). For every 55.84 hour week the applicant works, 49.31
hours are used to service locals. The business therefore meets the
requirement of the originally intended code with regard to locally
serving business.
The business of the applicant is also primarily non-retail.
A breakdown of the businesses found in the SCI district currently
include the following businesses:
Cf
Office uses: Non-profit organization, 4 architectural firms, and 2
property management companies.
Service uses: Dry cleaning, Laundromat, post office branch,
instructional or performing arts studio with no public
performances, health and fitness facility and spa, car detailing
shop, catering facility, and snow removal business.
Retail uses: Consignment sporting goods store, video store, bike
shop with rentals, costume and tuxedo rental store, and hardware
store.
Allowed uses, as per the SCI code quoted by deputy director
Allgaier would also include, but are not limited to a
veterinary clinic, a Pilates studio, a yoga studio, and a
martial arts studio.
Enclosed are photos of some of the businesses (or signs thereof)
indicating the presence of the businesses already allowed in the
SCI zoned buildings. The picture of the Aspen Velo bike shop
indicates a sign that was put up no later than October 15' 2006.
1'--
As you know, pursuant to the city of Aspen Municipal Code,
the BOA is charged with determining whether or not the office of
community development has exceeded its jurisdiction or abused its
discretion.
The administrative body has exceeded its jurisdiction for the
following reasons:
1) According to deputy director Allgaier, in zoning practice,
when a use is expressly allowed in one district, it is found to
be done so with intent. The businesses listed above were
allowed into the SCI district with intent. That indicates that
office uses, service uses and retail uses were allowed into the
SCI zone with specific intent even though they might have
been more appropriately located in another district.
2) The deputy director noted that secondary to the applicant not
advertising as yoga/Pilates studio, or offering classes or
coaching of these exercises, the business does not qualify as a
yoga/Pilates studio. In fact the applicant does have an
advertisement in the Aspen City map indicating instruction in
yoga, among other services.
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This point indicates a violation of the original city municipal code
(whereby decisions of the administrative body must not be made in
an arbitrary manner) and that the body is exceeding its jurisdiction
due to the fact that the community development office has not
defined yoga/PHates studio. For that matter they have not defined
studio. The description of the listing yoga/Pilates studio must,
therefore, be included with the service use "health and fitness
facility". By excluding the applicant from practicing an allowed
function of "health and fitness facility" with a medical license that
is allowed in the zone secondary to the allowance of a "veterinary
clinic" their decision has been made in an arbitrary, and in this
case capricious, manner.
3) The SCI code expressly prohibits Medical Clinics. The city
has not defined "clinic". The American Heritage Stedman's
Medical Dictionary defines a clinic as a medical
establishment run by several specialists working in
cooperation and sharing the same facilities. The applicant is
not a clinic by that very definition. As an aside, the site was
chosen for this very reason: lower cost allows one person
(employee/owner) to provide all of the services for the
patients/clients.
4) The SCI code expressly prohibits fitness clubs. The city has
not defined "club". When sampling the term clubs in the
area, all have a common theme: membership. While the
applicant does not offer, and will never offer membership,
one business does just that in the SCI zone. Once again, an
arbitrary enforcement.
The applicant is providing a service (allowed in the SCI zone) with
a medical degree and license (allowed in the SCI zone) serving the
local population (the intent ofthe SCI zone) in the best way that
the applicant is aware.
--
15
The city community development office has been overzealous in
its attempts to enforce the code in ways that violate the city's own
municipal code. By misleading the applicant in the early stages of
the process, exceeding every conventional time-frame as dictated
by the city's own standards, and by attempting to enforce the SCI
code in an arbitrary manner, they have put the applicant and his
family under undo and needless stress.
For that reason, and as described by the deputy director, the criteria
for the BOA to review the appeal presented by the applicant has
been met.
As for the applicants appropriateness in the SCI district two factors
clearly indicate that the BOA should vote NO on the resolution
presented before them:
1) The intent ofthe SCI district has been met in preserving and
enhancing a locally-serving non-retail small businesses
2) The enforcement of the code and acceptance of allowable
uses has, by the deputy director's own words, been done so
with intent, when expressly allowed in one district. The~efore
the use, as long as it is not expressly prohibited, should be
allowed.
March 1,2007
Todd Grange
City of Aspen Community Development
130 S Galena
Aspen CO 81611
Hand Delivered
Dear Todd:
I am writing on behalf of Tim Reed's application for us of SCI space on Mill Street. Tim
has made every effort to keep his practice accessible to thus of us with fewer resources and
genuine physical therapy needs.
Tim provides the type of service that is being driven out of the community by rising rents.
I have serious reservations about a process that allows zoning decisions on a case by case basis.
Tenants should have clear rules on use prior to entering a lease.
That being said, this is not the time to create new rules. In this instance, I hoipe you can
justifiably rule that Tim reed may remain in the SCI space.
ThankYOU$;fc4~
Mick Ireland '
920-2858
mick@sooris.net
Page I of I
Todd Grange
From: etcco@aol.com
Sent: Thursday, March 01, 2007 910 AM
To: Todd Grange
Cc: timsmassage@hotmail.com
Subject: Aspen Manual Therapies
Dear Tod,
This letter is for to support Tim Reed of Aspen Manual Therapies to be able to keep his practice in his
current location. Tim is an asset to the Aspen Community and has helped many, including myself and
my ankle, in his occupation as a physical therapist, personal trainer, massage therapist. 11 would be a
shame. to lose such a resource simply because he has studied and worked hard to obtain a "license" in his
career when there are so many people working with those same "titles" who don't have nearly the same
dedication or knowledge that Tim posseses. Tim has kept his prices "reasonable" which allows many of
his patience to afford treatment which they may otherwise never be able to access.
Sincerely,
Erika Teich Corbin, EA
I'his message (including any attachments) wntains confidential int{)rmation intended for a specific
individual and purpose. and is protected hy law. I f you arc not the intended recipient, you should delete
this message and arc hcrehy notified that any disclosure. eopving. or distribution of this message. or the
taking of any action hast:d dn 11- is stricti) prohibik'd.
IRS ClRCLLAR DISCI.OSl RL. Tll ensure complianCe with requirements imposed by the Internal
Revenue Service. wc in!()rm VllU that any advice with respect to tax matters contained in this
communication (including attachments) was neither written nor intended by tbe sender or Ene-Tax
Services to be used. and cannot be used. hy any person f{)f the purpose of: (i) avoiding tax-related
penalties: or (ii) pwmoling, marketing or recc)mmending to another person any transaction or matter
addressedin this communication.
AOL now offers free email to everyone. Find out more about what's free fromAOL at AOL.com.
3/1/2007
Page I of2
Joyce Allgaier
From: Townsend, MarrGwen [marrgwen@taltrade.com]
Sent: Thursday, March 01, 2007 11 :57 AM
To: Joyce Allgaier
Subject: Tim Reed Hearing March 1st
I am a client of Tim Reed and a homeowner in the town of Aspen. I understand that you are having a hearing today regarding
Tim's presence at 465 N. Mill Street and the compliance with the code. I cannot be at the hearing but I would like to express my
hope that Tim be allowed to continue to operate his business in the space where he is located. I believe that Tim provides a
valuable service that the town of Aspen should encourage.
I became a client of Tim's after knee surgery caused by a skiing accident in Aspen. My knee surgery was performed successfully
by Dr. Pevney of Aspen but I was not recovering properly. i saw several physical therapists but did not make satisfactory
progress until I found Tim Reed. Tim Reed's service is special for two reasons. First, the client gets Tim's entire attention for the
appointment period rather than being shunted between machines and interns while therapist sees several other patients. That
means that Tim is able to stay focused on the patient and help solve their problem. Second, Tim is trained in all of the
components required for recovery which is rare in this field. Sometimes the cause of the problem is mysterious. Many therapists
pass the patient between different practitioners, such as trainers or massage therapists. Continuity is very important because
information is lost in the handoff and sometimes no handoff takes place because it is too hard for a recovering patient to travel to
different places for different treatments. Speed is very important if the patient is going recover quickly before scar tissue is
formed.
I do not understand the particular legal issues of the zoning of this area but my impression is that the area is zoned for service and
Tim is performing a service. The visibility and accessibility of the space is important to this kind of service. This space is easy to
see so potential patients can find out about Tim easily. Being able to drive to the front door of the facility is so helpful when you
are recovering from surgery. Struggling on crutches from a distant parking space is hard and additional injuries can happen. The
afford ability of the space is important because other more expensive space would mean that Tim would have to juggle multiple
clients at one time or the business would not be viable.
I also think that Tim's business is good for the other business of the area. I know that I have come to know and use other
businesses because I became familiar with them when I was visiting Tim's facility.
I would not bore you with the details of my situation except that I think it is a common one. Many people have successful
surgeries after skiing accidents only to fail to recover their previous quality of life because of the inadequacies of the physical
therapists. Tim's model is a successful one for the patient and I believe it the kind of service that Aspen wants to encourage.
hope that your hearing resolves the situation and he can continue in this space.
Thank you for your attention.
Sincerely,
MarrGwen Townsend
3/1/2007
Page I of I
Todd Grange
From: JILLSRUBI@aoLcom
Sent: Thursday, March 01, 2007 10:56 AM
To: Todd Grange
Subject: tim reed
dear mr. grange, yes, this is a letter of support for tim reed. i am a colorado resident and aspen home owner for
35 years. two years ago ,i sustained a horrifying ski accident in which i shattered my hip and my pelvis. after
surgery i was told to do physical therapy to be able to walk without crutches or canes. i started therapy with tim
and am not only walking, i can ski again. tim reed is a gifted man. he knows his stuff. at no time did i get the
impression he was "medical facility" there were no prescription,no medications. nothing but exercises that
improved balance,coordination and strength. this gave me the hope that i wouid walk properly again. when i
am in tim's studio.all i ever see are locals. my husband is now working with tim for his "golf hip" i don't want to
brag but he shot a 76 last week. tim's gift and it is a gift, is enjoyed by those of us who live and work here .he
is not a 'clinic" there are no nurses, diagnostic machinery, no X-ray. tim reed is a great asset to this very athletic
community. this is a case of a much needed service for our community. i hope you will view favorably upon
tim's application to stay in his present location which is so convient to all of us. i hope you never need his
services, but i could not recommend anyone more highly.. thank you for your consideration. jill st. john wagner
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3/1/2007
I
I am a member of the community who has a proven record
of serving the community in every way that my occupation
allows. I am a father of two small children, who, with my
wife, hope will be able to consider Aspen their home even
after they graduate from the Aspen High School. I have
devoted my time, energy and passion to my family and to
my job. I represent the very locally-owned, locally-serving
business that city council wants.
As a physical therapist I am trained in a variety of
disciplines.
The three basic tenets of physical therapy as determined by
the American Physical Therapy Association are
1) Dia&-nose and manage movement dysfunction and
enhance physical and functional abilities.
2) Restore. maintain. and promote not only optimal
physical function but optimal wellness and fitness and
optimal quality of life as it relates to movement and
health
3) Prevent the onset, symptoms, and progression of
impairments, functional limitations, and disabilities
that may result from diseases, disorders, conditions, or
.. .
IDJunes.
Physical therapy is also directed by a set of professional
values that include: accountability, altruism,
compassion/caring, integrity, professional duty, and social
responsibility .
2-
All of these tenets and values are the basis for my business.
The community development office has cast me as a
violator of the code, when in fact I meet the standards of
the code as it is written and has been enforced.
My license to practice Physical Therapy allows me to use
any means at my disposal to reach the tenets listed above.
That same license allows me to practice both of the
disciplines, yoga and Pilates, that are approved uses in the
SCI code. I am allowed to use them as modalities to solve
a problem or condition. I can, and do, also use them as
stand-alone methods of improving function.
The zoning officer listed several aspects of my letter dated
July 20, 2006 as evidence of my non-compliance.
Please allow me to respond: movement exercise for
rehabilitative purposes and fitness are used in the same
manner as a Pilates/yoga/martial arts are used in a studio.
As the tenn~tes. y:oe~) and.-martial arts are not defined
in the SCI code, they must be defined by their common use
and understanding. Common understanding leads to a
health and fitness listing found in the defined service uses
of the land use code.
He further states that my business otPhysical Theral?Y-
qualifies as a medical clinic. Mr. Grange would get a
--- --
different definition by calling The Center for Medicare
Services. By their definition, and by the definition of every
medical professional in the roaring fork valley, I am not a
clinic until I invite another health care professional to work
in my office.
3
Mr Gomge also states that my business is ~ fitness~luQ .
~ause I am focused on the wellness side of and not so
much on the medical side of physical therapy. The two
thoughts are just that: two separate thoughts. Focusing
on the wellness side of physical therapy was a business
change I made for the summer, following my discussions
with deputy director, Joyce Allgaier. I changed the nature
of my business and treated no patients with prescriptions,
and filed no insurance claims for the summer and fall of
2006 so that I would be in compliance according to the
direction given my by Ms Allgaier. Besides, how can I
possibly be both a medical clinic and a fitness club when
in fact my business is neither.
Upon realizing that I was to be called a Physical Therapist
no matter what I did, I am now asking that the BOA, in
accordance with 1.04.140 of the municipal code determine
1) that the office of community development exceeded its
authority and abused its discretion and 2) that the office of
community development denied my right to due process by
acting in a manner detrimental to my business, and that the
Board of Adjustment allow me to continue to practice that
service that will allow me to serve the community in the
way I am most capable and that the community needs.
(y
This point indicates a violation of the original city municipal code
(whereby decisions of the administrative body must not be made in
an arbitrary manner) and that the body is exceeding its jurisdiction
due to the fact that the community development office has not
defined yoga/Pilates studio. For that matter they have not defined
studio. The description of the listing yogalPilates studio must,
therefore, be included with the service use "health and fitness
facility". By excluding the applicant from practicing an allowed
function of "health and fitness facility" with a medical license that
is allowed in the zone secondary to the allowance of a "veterinary
clinic" their decision has been made in an arbitrary, and in this
case capricious, manner.
3) The SCI code expressly prohibits .Medical Clinics. The city
has not defined "clinic". The American Heritage Stedman's
Medical Dictionary defines a clinic as a medical
establishment run by several specialists working in
cooperation and sharing the same facilities. The applicant is
not a clinic by that very definition. As an aside, the site was
chosen for this very reason: lower cost allows one person
(employee/owner) to provide all of the services for the
patients/clients.
4) The SCI code expressly prohibits fitness clubs. The city has
not defined "club". When sampling the term cThbs in the
area, all have a common theme: membership. While the
applicant does not offer, and will never offer membership,
one business does just that in the SCI zone. Once again, an
arbitrary enforcement.
The applicant is providing a service (allowed in the SCI zone) with
a medical degree and license (allowed in the SCI zone) serving the
local population (the intent of the SCI zone) in the best way that
the applicant is aware.
--
IS
The city community development office has been overzealous in
its attempts to enforce the code in ways that violate the city's own
municipal code. By misleading the applicant in the early stages of
the process, exceeding every conventional time-frame as dictated
by the city's own standards, and by attempting to enforce the SCI
code in an arbitrary manner, they have put the applicant and his
family under undo and needless stress.
For that reason, and as described by the deputy director, the criteria
for the BOA to review the appeal presented by the applicant has
been met.
As for the applicants appropriateness in the SCI district two factors
clearly indicate that the BOA should vote NO on the resolution
presented before them:
I) The intent of the SCI district has been met in preserving and
enhancing a locally-serving non-retail small businesses
2) The enforcement of the code and acceptance of allowable
uses has, by the deputy director's own words, been done so
with intent, when expressly allowed in one district. TheJ;efore
the use, as long as it is not expressly prohibited, should be
allowed.
A
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Aspen, February 26, 2007
To the City Boazd of Adjustments
RE: Tim Reed, Physical Therapist in 465 North Mill
My name is Catherine Cussaguet and I am a Pilates instructor atthe Aspen
Club & Spa. I have known Tim Reed for 8 years and have had many chances
to appreciate his expertise. He is one of the best Physical Therapists in town.
Tim has a very unique way of working: he takes care of one person at a time
for 45 to 60 minutes and he runs his business alone. Over the yeazs he has
helped so many Aspenites, he is a true asset to our community.
I'm asking the Boazd of Adjustments to review its decision and allow Tim
Reed to continue his practice where he is currently located.
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NOTICE OF PUBLIC HEARING
City of Aspen Board of Adjustments
NOTICE IS HEREBY GIVEN that a public hearing will be held on Thursday, March 1,
2007, at a meeting to begin at 4:00 p.m. before the Aspen Board of Adjustments in the
Council Chambers, City Hall, Aspen, Colorado, 130 South Galena Street, Aspen. The
hearing is for an appeal of the Zoning Officer's determination finding that the use of
property located in the Service/Commercial/Industrial Zone District (S/C/I) for use as a
medical/fitness service business is not permitted per the Land Use Code, Chapter 26, of
the Municipal Code. The applicantlowner is Timothy Reed and the subject property is located
at 465 North Mill Street.
All correspondence and questions should be directed to Todd Grange, Zoning Officer @ 429-
2767, or toddg_(a ci.asoen.co.us at the City of Aspen Community Development Dept. 130. South
Galena Street, Aspen, CO 81612.
s/Rick Head, Chairman
City of Aspen Board of Adjustments
Published in the Aspen Times on Feb. 11, 2007
City of Aspen Account
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July 20, 2006
Aspen Manual Therapies & Rehabilitation
Tim Reed MS PT
P.O. Box 2086
Aspen, CO 81612
RE: Zoniug Violation of Permitted Uses in the Service/CommerciaUIndustrial (SCI)
Dear Tim Reed:
It came to my attention, through a citizen complaint and a visit to your store on 7/18/06
that above-cited business is in violation of the following regulations as it relates to the
Permitted Uses in the S/C/I zone district (Section 26.710.160(B)(14):
B. Permitted Uses
14. Rehearsal or teaching studio for the creative, performing, or martial arts with
no public performances. This shall permit a yoga/pilates studio but prohibit Medical
Clinics and fitness clubs.
It has also come to my attention afrer checking with Larry Thoreson the Sales Tax
Administrator for the City of Aspen that your business license is inactive. After calling to
verify this you informed me that it was active through 2005 and had not been activated in
2006. Since that conversation on 7/19/06 you came in that same day and activated your
license
The City of Aspen asks that you remove /change your location from the S/C/I zoned
district to a zone district that permits these activities or adjust /change your services to fit
the underling zoning permitted uses and continue to comply with the underlying zoning
regulations. Failure to do so may result in a municipal court citation. Please contact me
with any questions at (970) 429-2767.
Regards,
Todd Grange, Zoning Officer
City of Aspen
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