HomeMy WebLinkAboutFile Documents.205 S Mill St.0078.2018.ACBKIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIVVIIVII
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Qp'y DOC CODE: ADMIN DECISION
Pg 1 of 5, 10/23/2018 at 10:03:54 AM
\�! Janice K. Vos Caudill, Pitkin County, CO
CITY OFASPEN
ADMINISTRATIVE DETERMINATION
OF A GROWTH MANAGEMENT QUOTA SYSTEM EXEMPTION (GMQS) FOR REMODELING
EXISTING COMMERCIAL NET LEASBALE AREA FOR THE PROPERTY COMMONLY KNOWN
AS 205 SOUTH MILL STREET (MILL STREET PLAZA), LEGALLY DESCRIBED IN EXHIBIT A
Parcel ID No. 2737-073-38-004
APPLICANT: Mill Street Plaza Association, LLC.
REPRESENTATIVE: Scot Broughton. Scot Broughton Architects, LLC
SUBJECT & SITE OF APPROVAL:
This is an Administrative Determination for an interior remodel to add 45 square feet of floor area and
commercial net leasable space through construction of a floor at the top of an existing stairwell that
provides access and connects two leasable suites. The scope of the proposal is determined Exempt
Development (Section 26.470.070), and is considered Remodeling of existing commercial development
(Section 26.470.07og(F)) of the Land Use Code.
SUMMARY:
The subject property is developed with a mixed-use building that was originally constructed in the
1980's. Suite 221 and Suite 110 are the subject of this application. Suite llo is located directly below Suite
221. In the 199o's Suite 221 and Suite no obtained a building permit to construct a stairwell that created
access between the two suite levels. Pursuant to Land Use Code Section 26.575.(D)(2), the dimensional
area of the lower level of the stairs is counted as floor area and the top of the stairs does not count as
floor area. More specifically, approximately 45 square feet of floor area is not counted in Suite 221, while
approximately 45 square feet of floor area is counted in Suite 110.
Access between the two suite levels is no longer desired and the applicant proposes to construct a floor
at the top of the stairwell in Suite 221. Pursuant to Land Use Code Section 26.575•(D)(2), approximately
45 square feet of floor area/commercial net leasable space will be added by the enclosure. A building
permit is pending for the proposed improvements to Suite 221, subject to land use review and approval.
The property is subject to multiple previous land use decisions, namely previous administrative GMQS
exemptions that increased floor area and cumulatively result in the inability for the Applicant to request
an additional GMQS exemption, (see Land Use Code 26.470.090(F)(3)), therefore requiring mitigation
of the additional flooring.
Due to this circumstance, the applicant has amended their initial proposal to exchange 45 square feet
of floor area/commercial net leasable space between Suite 110 and Suite 221. To accomplish this
exchange, the applicant proposes to "wall in" the stairwell within the lower level, Suite tlo, which renders
the space unusable. The applicant then proposes to construct a floor on the upper lever, Suite 221. Staff
Page I 1
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accepts this proposed amendment to the subject application and acknowledges the exchange of floor
area/commercial net leasable space between the two levels results in no net increase.
STAFF EVALUATION:
Staff finds that the request meets the requirements of an exemption, by not increasing the commercial
net leasable of the two spaces as long as the stairwell located in Suite 110 is enclosed and inaccessible
(notwithstanding any building code requirements). If, in the future, the stairwell is proposed to be
unenclosed or removed, a growth management review may be triggered dependent on the scope of
work proposed and the Land Use Code in effect at such time.
• Land Use Code 26.470•07o(F): GMQS Exemption for Existing Commercial Development. The
Applicant has amended the application and states that 45 square feet will be exchanged between
the upper suite and the lower suite. Pursuant to this Land Use Code section, the applicant has
represented that demolition has not been triggered, no additional commercial net leasable space
is proposed, and there will be no change in use.
DECISION:
The Community Development Director approves the proposed application, subject to the
following conditions:
• The applicant shall amend the pending building permit for suite 221 and illustrate Building
Code compliant egress to the "walled -in" stairwell. This ingress/egress may be permitted
as a "hatch" and of the minimal size to meet building code.
• Prior to Certificate of Completion/Certificate of Occupancy for the improvements to Suite
221, a building permit shall be obtained for all work necessary to "wall -in" in the stairwell in
the lower level Suite no.
• The Community Development Director finds that the "walled -in" stairwell shall not count
towards floor area or commercial net leasable space and may not be used for any
commercial purposes. Any change in use to this space is subject to further City review.
APPROVED BY:
4Js ica Ga r w Date
Community Development Director
Attachments:
Exhibit A- Legal Description - �LCO2�
Exhibit B'- Floor plans
Exhibit C -Application _ Ali aCOV�
Page 12
Exhibit A
Legal Description
CITY AND TOWNSITE OF ASPEN Block: 81, Lots: D, E, F, G, H, and I
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