HomeMy WebLinkAboutcoa.lu.ca.code interpretation ground floor offices.0015.2014.aslu THE CITY OF ASPEN
City of Aspen Community Development Department
CASE NUMBER 0015.2014.ASLU
PARCEL ID NUMBERS n/a
PROJECTS ADDRESS 130 S GALENA
PLANNER JENNIFER PHELAN
CASE DESCRIPTION INTERPRETATION
REPRESENTATIVE CITY HALL
DATE OF FINAL ACTION 2.4.14
CLOSED BY ANGELA SCOREY ON: 4.30.14
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CITY OF ASPEN
COMMUNITY DEVELOPMENT DEPARTMENT
LAND USE INTERPRETATION
JURISDICTION: City of Aspen
APPLICABLE CODE SECTIONS: 26.710.140 (13)(2), Uses allowed on the
ground floor
26.104.100, Definitions
EFFECTIVE DATE: February 4, 2014
WRITTEN BY: Jennifer Phelan, Deputy Planning Director
APPROVED BY: Chris Bendon,
Community Development Director
SUMMARY
Staff has recently fielded inquiries as to whether an office may be located on the ground floor
within the Commercial Core zone district if a certain percentage of the space is used as retail.
As a result of the inquiries an Interpretation was issued by the Community Development
Department; however, a request has been made to "analyze the meaning of office uses in
Section 26.710.140 (13)(2)," Uses allowed on the ground floor. Staff has initiated an expanded
Interpretation as provided for in Chapter 26.306, Interpretations of Title as a result of the
request.
PURPOSE
The purpose of this Interpretation is to clarify how an office use may be permitted on the ground
floor of a building in the Commercial Core zone district.
DISCUSSION
The Commercial Core zone district allows a mix of uses "to encourage a high level of vitality"
as provided in the purpose clause of the zone district. It further states that, "retail and restaurant
uses are appropriate for ground floors of buildings while residential and office uses are not
permitted on ground floors." However, this general statement of purpose is clarified under the
specific direction of the permitted uses within the zone district. Individual uses are allowed
based upon which floor the use is located and where on the floor the use is located.
In particular, Subsection 26.710.140(B)(2), Uses allowed on the ground floor, outlines which
uses are permissible on the ground floor in the Commercial Core zone district. The subsection
notes that "Office uses are prohibited on the ground floor except within spaces set back a
minimum of forty (40) feet from a street and recessed behind the front most street facing facade.
This prohibition shall not apply to split-level buildings (see definition) or properties north of
Main Street" (emphasis added).
The Land Use Code defines street as "a way or thoroughfare, other than an alley, containing a
public access easement and used or intended for vehicular, bicycle or pedestrian traffic. The
term street shall include the entire area within a right-of-way." (Emphasis in original. See
Section 26.104.100.) Typically a private property will abut some portion of a street.
The Land Use Code does not define the word "space", so staff has used the Merriam-Webster
online dictionary which defines space as, "the amount of an area, room, surface, etc., that is
empty or available for use; an area that is used or available for a specific purpose; an empty area
between things." The definition indicates that space is an area available for use.
Office uses are defined within the Land Use Code as "a building or portion thereof, used for the
transaction of business, professional or medical services and activities including, without
limitation, realtors, timeshare sales, nonprofit organizafiotis, travel agents, advertising or
insurance agents, lawyers, physicians, dentists, architegts, e�giiseers, accountants, or other
licensed professionals and property management companies or agents (emphasis added).
INTERPRETATION
Disregarding split level buildings and properties located north of Main Street, Subsection
26.710.140(B)(2), Uses allowed on the ground floor, permits office uses "within spaces" that
meet a dimension and location requirement. Specifically, the space must 1) be "set back a
minimum of forty (40) feet from a street" and 2) be "recessed behind the front-most street-
facing fagade."
The first requirement is a measurement that is taken from the shared boundary of the right-of-
way and property in question based upon the definition of street. It prohibits any office use from
being less than forty feet from the boundary of the right-of-way. The second requirement calls
for an office use's location to be recessed behind the front-most street-facing fagade of a
building. When both requirements are met an office use is permitted on the ground floor.
As the definition of space indicates that it is an area available for use, it does not prohibit a
portion of a ground floor commercial area being physically altered to create a"space" to be used
as an office as long as both the dimension and location requirements are met. For example, a
commercial area with the front "space" used for retail sales and the rear "space" used for office
functions. This is further supported by the definition of Office uses where the use may occur
within "a building or portion thereof'.
When a portion of a building is used as an office, within a space meeting the dimension and
location requirements, the balance of the building or the portion thereof may be occupied with a
separate, allowed use.
APPEAL OF DECISION
As with any interpretation of the land use code by the Community Development Director, an
applicant has the ability to appeal this decision to the Aspen City Council. This can be done in
conjunction with a land use request before City Council or as a separate agenda item.
26.316.030(A) APPEAL PROCEDURES
Any person with a right to appeal an adverse decision or determination shall initiate an appeal
by filing a notice of appeal on a form prescribed by the Community Development Director. The
notice of appeal shall be filed with the Community Development Director and with the City
office or department rendering the decision or determination within fourteen (14) days of the
date of the decision or determination being appealed. Failure to file such notice of appeal within
the prescribed time shall constitute a waiver of any rights under this Title to appeal any decision
or determination.
Attachments:
Exhibit A - Merriam-Webster online dictionary, definition of space
Space-Definition and More frof,. .,te Free ML .,in-Webster Dictionary ht , v+vw,meiriam-webster.coin/dictionaty/space
►T A-
Quizzes&Games Word of the Day Video New Words My Favorites
Merriam
New,
Webster Spanisli Central r
�.
space •
m•w.com
Save VopvbrKy
0! Quiz space
90 ENTRIES FOUND:
Natne•rhat'rhing
space
Take Our 10•Questlon Quiz
space absorption
space-age
Sponsored Links
Win exclusive Accessl
To Women of Vision:National Geographic Photographers on...
http'/lvwvwPf&&m
I
space 4.3 noun,often attributive \'spas\
: the amount of an area,room,surface,etc.,that Is empty
or available for use
an area that Is used or available for a specific purpose '
an empty area between things taoRe Qutzzss
1` Th spell It
Full Definition of SPACE g„ L<e VA pv The commonly misspelled words quiz
Hear It,Spell it»
1 : a period of time;also: its duration
2 a: a limited extent In one,two,or three dimensions: Vocabulary Quiz
DISTANCE,AREA,VOLUME How strong is your vocabulary7
Take the Quiz n
b n an extent set apart or available <parking space> <floor
Space> 3y_.. QuizzitivetOurNewApp!
w
c: the distance from other people or things that a person The Vocab Quiz Oama for!phone ad ii ivo.
needs in order to remain comfortable<invading my personal yir4rcYir`Incrediblyrun and addlcwe.
Space> And informativel user Review,ITunes
Download the App»
3 : one of the degrees between or above or below the lines of a
musical staff--compare LINE
4 a : a boundless three-dimensional extent In which objects piquant,Ambrosial&Alorei
and events occur and have relative position and direction Food Words Worth Savoring
<Infinite space and time> Top Io Words About Food
b: physical space independent of what occupies it--called
also absolute space j ? ' "A Kiss is a Lovely Trick,"&
Afore
5 : the region beyond the earth's atmosphere or beyond the Favorite Quotations About Words,Vol.I
solar system
6 a: a blank area separating words or lines
b: material used to produce such blank area;especially: a PHOTO CGNTEM THE WINNERS
piece of type less than one en In width
7 : a set of mathematical elements and especially of
abstractions of all the points on a line,in a plane,or In
physical space;especially: a set of mathematical entitles
1 of S 11/27/2013 4;28 PM
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306
ASPEN LAND USE CODE
COCkp
AD DRESS OF PROPERTY:
Aspen, CO
STATE OF COLORADO )
) ss.
County of Pitkin )
- - - - - - - - - - - -
1 C 1 ("__j� `� �V V��.. t �I t' r) (name, please print)
being or representing an Applicant to the City of Aspen, Colorado,hereby personally certify that
I have complied with the public notice requirements of Section 26.304.060 (E) or Section
26.306.010 (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 no later than fourteen (14) days
after final approval of a site specific development plan. A copy of the publiCati071 is
attached hereto.
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 no later than fifteen (15) days after
an Interpretation has been rendered. A copy of the publication is attached hereto.
Signature
The foregoing"Affidavit of Notice" was acknowledged before me this ! day
of P-2! u��u , 20��( , by � `�4ifyl I,�i Cl ✓'
PUBLIC NOTICE WITNESS MY HAND AND OFFICIAL SEAL
REINTERPRETATION
A code interpretation to subsection 26.710.140 (�,
(B)(2,Uses allowed on the ground floor(within My mmisslon expires: l
the commercial Core zone district)including
parts of section 26.104.100,Definitions of the
City of Aspen Land Use Code,initiated by the
Community Development Director,was /]I (!1 �1[ 1 n
ren-
dered on February 4,t2013 and is available for (.,Kf I/V y�J Vl
public i�nsaptercti in the Community Develop-
otary Public
Published in the Aspen Times Weekly on Febru-
ary 13,2014.[9942236)
SPRY•PV6,
ATTACHMENTS: e 0.
LINDA M.
COPY OF THE PUBLICATION « k'7�'' ��1G
OF
°M V
°tl
VY t•
W�
M4q Cows Eniz 031291PQ14
CITY OF ASPEN
COMMUNITY DEVELOPMENT DEPARTMENT
LAND USE INTERPRETATION
JURISDICTION: City of Aspen
APPLICABLE CODE SECTIONS: 26.710.140 (11)(2),Uses allowed on the
ground floor
EFFECTIVE DATE: December 2, 2013
WRITTEN BY: Jennifer Phelan, Deputy Planning Director
APPROVED BY: Chris Bendon,—a*—f Community Development Director
SUMMARY
Staff has recently fielded inquiries as to whether an office may be located on the ground floor
within the Commercial Core zone district if a certain percentage of the space is used as retail.
The Community Development Director has initiated the Interpretation as provided for in
Chapter 26.306, Interpretations of Title.
PURPOSE
The purpose of this Interpretation is to clarify how an office use may be permitted on the ground
floor of a building in the Commercial Core zone district.
DISCUSSION
The Commercial Core zone district allows a mix of uses "to encourage a high level of vitality"
as provided in the purpose clause of the zone district. It further states that, "retail and restaurant
uses are appropriate for ground floors of buildings while residential and office uses are not
permitted on ground floors." However, this general statement of purpose is clarified under the
specific direction of the permitted uses within the zone district. Individual uses are allowed
based upon which floor the use is located and where on the floor the use is located.
In particular, Subsection 26.710.140(B)(2), Uses allowed on the ground floor, outlines which
uses are permissible on the ground floor in the Commercial Core zone district. The subsection
notes that "Office uses are prohibited on the ground floor except within spaces set back a
minim_ um of forty (40) feet from a street and recessed behind the front most street facing facade.
This prohibition shall not apply to split-level buildings (see definition) or properties north of
Main Street'(emphasis added).
The Land Use Code defines street as "a way or thoroughfare, other than an alley, containing a
public access easement and used or intended for vehicular, bicycle or pedestrian traffic. The
term street shall include the entire area within a right-of-way." (Emphasis in original. See
Section 26.104.100.) Typically a private property will abut some portion of a street.
The Land Use Code does not define the word "space", so staff has used the Merriam-Webster
online dictionary which defines space as, "the amount of an area, room, surface, etc., that is
empty or available for use; an area that is used or available for a specific purpose; an empty area
between things."The definition indicates that space is an area available for use.
INTERPRETATION
Disregarding split level buildings and properties located north of Main Street, Subsection
26.710,140(B)(2), Uses allowed on the ground floor, permits office uses "within spaces" that
meet a dimension and location requirement. Specifically, the space must 1) be "set back a
minimum of forty (40) feet from a street"and 2) be recessed behind the front-most street-facing
fagade.
The first requirement is a measurement that is taken from the shared boundary of the right-of-
way and property in question based upon the definition of street. It prohibits any office use from
being less than forty feet from the boundary of the right-of-way. The second requirement calls
for an office use's location to be recessed behind the front-most street-facing fagade of a
building. When both requirements are met an office use is permitted on the ground floor.
As the definition of space indicates that it is an area available for use, it does not prohibit a
portion of a ground floor commercial area being physically altered to create a"space"to be used
as an office as long as both the dimension and location requirements are met. For example, a
commercial area with the front "space" used for retail sales and the rear "space" used for office
functions.
APPEAL OF DECISION
As with any interpretation of the land use code by the Community Development Director, an
applicant has the ability to appeal this decision to the Aspen City Council. This can be done in
conjunction with a land use request before City Council or as a separate agenda item.
26.316.030(A) APPEAL PROCEDURES
Any person with a right to appeal an adverse decision or determination shall initiate an appeal
by filing a notice of appeal on a form prescribed by the Community Development Director. The
notice of appeal shall be filed with the Community Development Director and with the City
office or department rendering the decision or determination within fourteen (14) clays of the
date of the decision or determination being appealed. Failure to file such notice of appeal within
the prescribed time shall constitute a waiver of any rights under this Title to appeal any decision
or determination.
Attachments:
Exhibit A - Merriam-Webster online dictionary,definition of space
Space-Definition and More frot_ ..re Free Me wrath-Webster Dictionary htt, .,,°A'wW,melTianrwebster.coin/dictionaty/space
4T A
Quizzes S Games Word of the Day Video New Words My Favorites
Merriam-
New]
Webster- Spanish Central i,
space w
m-w.com
. Save PoNbnty
r� Quiz
space
r 90 ENTRIES FOUND:
Name That Thing
space
Take Our 10-Question Quiz
space absorption
space-age
sponsored Links
Win exclusive Accessl
To Women of Vision:National Geographic Photographers on... +
:/h to lvtivw.pgWA*M
r tspace 4.3 noun,often attributive \'spas\
: the amount of an area,room,surface,etc.,that Is empty
or available for use
an area that Is used or available for a specific purpose
YOUR an empty area between things raonE QUIZZES
It
111,11C]IASI;. The co
Full Definition of SPACE g�r LiKe N� The commonly misspelled words quiz
Hear It,Spell It»
1 a period of time;also: its duration
110IJ DAY. 2 a: a limited extent In one,two,or three dimensions: Vocabulary Quiz
DISTANCE,AREA,VOLUME How strong Is your vocabulary?
Take the Quiz»
b: an extent set apart or available<parking space> <floor
space> cz:.hFft Quizzitivet Our New App!
c: the distance from other people or things that a person
The Vocab Quiz came for(Phone a Wed
needs In order to remain comfortable<invading my personal Q,' �+wrrn +'incredimy fun and addictive.
Space> And Informativai"—User Review,tTunes
Download the App»
3 : one of the degrees between or above or below the lines of a
musical staff--compare LINE
4 a: a boundless three dimensional extent in which objects piquant,Ambrosial&More:
and events occur and have relative position and direction Food Words Worth Savoring
<Infinite space and time> Top 10 Words About Food
b: physical space independent of what occupies it—called
also absolute space if ? :,. "A Kiss is a Lovely T'rIck,"&
a\ More
5 : the region beyond the earth's atmosphere or beyond the Favorite Quotations About Words,Vol.1
solar system
6 a: a blank area separating words or lines
b: material used to produce such blank area; especially: a PHOTO CONTEST: THE WINNERS
piece of type less than one en In width
7 : a set of mathematical elements and especially of
abstractions of all the points on a line,in a plane,or in
physical space;especially. a set of mathematical entitles
1 of 5 11/27/2013 4:28 PM
10:
Space-Definition and More from the Free W. i-Webstci"�-_Xtionary ht, !ww.meri N,ebstei-.com/dictionary/space
to place at Intervals or arrange with space between—often
used with out
Intransitive verb
to leave one or more blank spaces(as In a tine of typing)
spacer noun
c9 See space defined for English•language learners
Examples of SPACE
Space the seedlings about six inches apart.
He spaces his albums so that he puts one out every two to
three years.
They spaced the births of their three children two years
apart,
First Known Use of SPACE
1703
space 44 noun \'spas\ (Medical Dictionary)
Medical Definition of SPACE
i :a period of time;also: Its duration
2 ;a limited extent in one,two,or three dimensions
3 :a particular area or cavity within the body
Learn More About SPACE
Thesaurus:All synonyms and antonyms for"space"
Spanish Central Translation:"space"In Spanish
Browse
3 of 5 11/27/2013 4:28 PM
jely-\
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306
ASPEN LAND USE CODE
ADDRESS OF PROPERTY:
Aspen, CO
STATE OF COLORADO )
ss.
County of Pitkin )
(name, please print)
being or representing an Applicant to the City of Aspen, Colorado, hereby personally
certify that I have complied with the public notice requirements of Section 26.304.060
(E) or Section 26.306.010.(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 fourteen (14)
days after final approval of a site specific development plan. A copy of the
publication is attached hereto.
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 no later than fifteen
(1 S) days after an Interpretation has been rendered. A copy of the publication is
attached hereto.
14-
Signature
The foregoing "Affidavit of Notice" was acknowledged before me this /G day
of .C_ 5 20(15 by
WITNESS MY HAND AND OFFICIAL SEAL
PUBLIC NOTICE My commission expires: C
RE:INTERPRETATION
A c ode interpretation to subsection 26.710.140
(B)(2),Uses allowed on the ground floor(within
the Commercial Core zone district),of the City of e Notary"Pub is
Aspen Land Use Code and initiated by the
Community Development Director,was ren-
dered on December 2,2013 and is available for
public inspection in the Community Develop-
ment Department.
Clty of Aspen
lh12 i2 13 Aspen Times Weekly on De-
cember ATTACHMENTS:
COPY OF THE PUBLICATION