HomeMy WebLinkAboutcoa.lu.rz.searssubdivision.1979
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MEMORANDUM
TO:
FROM:
RE:
DATE:
Aspen Planning and Zoning Commission
Richard Grice, Planning Office
Conditional Uses for the S/C/] Zone
November 2, 1979
At your last meeting the subject and question was raised of which conditional
uses might be acceptable in the S/C/] zone. After considerable thought we have
come to the conclusion that a general policy statement is more appropriate and
conclusive than any attempt at a "list" would be. \~e think the Commission will
agree that conditional uses would be appropriate which do not fall under the
permitted use list provided those conditional uses were accessory to permitted
uses. For example, a contractor's office may be appropriate if only 10% of the
space would be dedicated to office use and the balance would be used as a shop.
Once again we are getting into a highly subjective area and into an area which
may require a great deal of administration and enforcement. At this point in time,
we recommend the Commission consider adding the following statement to the
conditi ona 1 use 1 i st, "Uses other than permitted uses may be allowed provi ded
they are accessory to permitted uses and provided adequate safeguards are offered
to guarantee the accessory status."
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~1EMORANDUM
TO:
FROM:
RE:
DATE:
/
Aspen Planning and Zoning Commission
Richard Grice, Planning Office
Sears Building Rezoning
October 25, 1979
The attached letter of app"iication from Jim Martin requests rezoning of
Lot 1, Lynch-Gignoux Subdivision, which is the site of the "Sears Building',
from S/C/I to C-l. The primary reason for the request is that the owners of
the building have never succeeded in renting the second floor of the Sears
Building.
The Gignoux-Lynch Subdivision was created in the summer of 1977 specifically
for the purpose of creating a site for the construction of a new Sears building.
The catelog store had previously been located in the Vilcor building which is also
in the S/C/I zone. Anticipating the expiration of their lease, the owners of
the catelog store began processing their request for subdivision approval. As
this site was also zoned SIC/I, conditional use approval was granted for the
relocation. The Planning Office recommended approval of the subdivision and
conditional use as it was felt that the approvals would result in a substantial
improvement in the area. Prior to the construction of the Sears Building on this
site, the site was improved with a single family residence which was used for
employee housing. Brian Goodheim, the Housing Director at that time, recommended
that a portion of the building be dedicated to employee housing. That recommendation
was not followed by the City Council.
The Planning Office comments are as follows:
1. The zoning of the property at the time of subdivision approval and
construction was SIC/I, the owner of the property knew the zoning was
S/C/I and permission was given for construction of a building "to house
the Sears catelog store". It appears that the applicant constructed
more space than the Sears catelog store needed and that was a personal
investment decision.
f 2. The Growth Management Plan requires that, "there shall be constructed
within the City of Aspen in each year no more than the following:
(c) Within the CC and C-l zone districts, 24,000 square feet
of commerci a 1 and offi ce space."
While the proposal in this case is not "to construct" new space in the
C-l zone, the Planning Office reminds the Commission that the intention
was to control the availability of new space in the C-l zone district.
That word constructed should be amended to include conversions.
3. The proposal would relocate zone district boundaries to follow property
line instead of streets and alleys. This is an example of bad planning
techni que and en\j:\e 5 the 1 ogi c of zone di stri cts.
4. Considering the fact that the Housing Director recommended in 1977
that a portion of the building be used for employee housing and
considering that accessory housing is a conditional use in the SIC/!
zone district, and considering the fact that the Sears building does
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!SPEI
PBOPEBTIES
,July 10, 1979
Mr. Richard Grice
?lanning Office
Ci ty of ;,Bren
Aspen, Colorado elFll
Dear Richard:
I a~ the owner of Lot 1,Lynch-Gigroux Subdivision
which is the site of the "Sears Buildin[" in ASgen.
This lot is currently zored "SCI", and I a~ requesting
that it be rezoned to "C_l" Co~~ercial.
This re~uest is based on the rollowln~ fncts:
1. There is B distinct lack of dema~d for space
withir: tl:e :'CI ZO,.E. The tor floor ('f th~ Sears
fuildinG, which ccntitutes one-h21f the rentable
space of that building, has been vacant for over
one yenr. It hAS been actively mer~cted t;: the
for::1cr owr:er 2ncl LJY f.lascn &. r,~6rse~e?1 Estate
without success. They were unable to find a tenant
which could comply with an SeI permitted use, even though
the rent was set at the low fi~ure of $7.00 per square
foot per year. This is remarkably low for a new build-
inv in Aspen, and 2de~uately de~o~strates that the
der:1and for .srI sl'Rce sirwl:.' doe" r.ot exist.- Sirdlar
space in the ~ill .street Venture Suildir.C h~s also been
vacant for apc,roXimately the SRr.W periOd G.f tir:1e.
2. The C-l is ~ore appropriate to the building and
its current uses than is SCI.
a.) The current tenant is the Sears Catalog
Store, a commercial establishment which is
primarily oriented to the non-tourist population.
This is the intentio~ of the C-l zone as stated
in the ~uniclpal Code of the City of Asper..
b.) Sears is 2 quasi-retail store. Items
available fer i~~ediate purchases are apoliancest
(303)925-8310
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215 S. MOllarcl1
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P.O. Box 10502
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Aspen, Colorado 81611
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auto supplies,and tools. A ~uch broader
selection of hardware, furniture, ~aint,
clothing, etc. may be ordered throush the
catalog. Several of the tYre~ of ~erchnndise
sold by Sears are listed as permitted uses
within the C-l zone.
3. This land is contiguous to other C-l zoning,
and it has direct access throurh the C-l zone.
Therefore, this request does not create a zoning
"island",but rather, it is an adjustment to other,
more similar uses in the i~mediate area.
Approval of this recuest will alleviate an economic hardShip
which has been created by virtue of the building's inclusion
within the SCI zone. I believe that a year is long enough
to demonstrate the markei does not need additional SCI
space, even at rent levels which are amoung the lcwest in
Aspen.
Secondarily, the approval of this request will permit us to
provide a longtelw location to KSPN, a local radio station
which performs ~any valuable com~unity services. Broadcasting
stations are permitted use under the C-l zone. KSFN would be
an ideal tenant for this space since they penorate very little
traffic and create a minimal impact to the area. For their
benefit, I urce you to consider this application as quickly
as possible, since their present location is evidently very
difficult. The wirin~ and power is totally inadequate, and fre-
quent plumbing leaks onto their equip~ent have caused real
problems.
In su~mary, this application requests that the zoning be
amended to a classification which is more logical to this
buildinf and its best uses. Both the present tenant and the
proposed tenant are orcanizationc which are primarily oriented
toward the ncn-tourist population. The lot could be made part
of an existing C-l zone, and the present uses tend to conform
to C-Ipermitted uses.
/'S'incerely,
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