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HomeMy WebLinkAboutlanduse case.tu.557 N Mill St.0031.2014.ASLU0031.2014.ASLU 557 NORTH MILL STR TEMPORARY -USE 13 p U 0 9 THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0031.2014.ASLU PARCEL ID NUMBERS PROJECTS ADDRESS 557 N MILL ST PLANNER JUSTIN BARKER CASE DESCRIPTION TEMP USE REPRESENTATIVE MICHAEL EDINGER DATE OF FINAL ACTION 12.29.14 DATE OF FINAL REFUND/ FEES WAIVED 12.29.14 PAYMENT CLOSED BY ANGELA SCOREY ON: 1.8.15 0 • Fee Waiver Request Form THE Cm of AsPFN City of Aspen Community Development Department This form must be submitted to the Community Development Director. You will be notified when a decision has been made. For what fees are you requesting waiver? ❑ BUILDING O PLANNING Applicant Name: Contact Ph.# f zl/ Department or Mailing address: Z'Of-' i"Cl E-mail address:«Atr.T�oI,1G,�rt•�iC�MAIL•C,o�') Project address: 5V A. 11W, Sr Project description: *r:� Al-f(hc4lD WEI Fee Breakdown: t 631- 20 K 4- . A s Luk Fee Description Fee Amount waiver Requested Fee Description Fee Amount Requested Waiver Energy Code Fee REMP Fee Excavation Foundation Fee Zoning Review Fee Inspection Fee Planning Application Fee 15 49D " V d vv Permit Fee HPC Application Fee Plan Check other: Total of Request: $ Reason for Waiver: City General Fund Department —100%waiver CSity Capital or Other Department — 50% waiver- { ?o14 Waived or decreased by City Council (please provide documentation) Al ur ❑ Other — Please explain with attached letter of request Q pK10 OZ-611 Ap cant Signature Date for office use only: ( [`fAPPROVED ❑L/PPROVED Total fees waived: $ l Community Development Director Date 0 0 �6SI• `.(.DI�•�J� Permits 1 I _File Edit Record kigate Form Report Format Tab Help T lump 1 ,j _ Mr M;i CCWom Fads ' Roukng Skakus Fee Su wary ! AAns ; R Histay v Permit type asu Aspen Land Use Perms # 003t2014 ASLU Address "f t G'wl S" AptlSuike S 101 0 2. ^E1^11 Cry p:y State CO Zip 0 Y Permit Information { 10 Master perm Routingqueue asiuC7 Appied 0012014 0 Projed Status ,F; _ Approved W i Description EMPORkRY USE l=xd SuWted IINAEL EONGER 331-9211W Shirked via = Ors Last name RC rRK,, t+ �R S First name Phone k AppGcar� Clock Running Days 0 Epires DI29i2015 557 NMLLST ASPEN CO 81611 Address Owner is applicant? ' Contractor is applicant? Last name EC'1 DER . __.. Frsk name MI�HAEL 542 VINE S ASPEN CO 81611 Phone r719) 331-9211 CW # 29756 Address Lender Last name Frat name Phase { l - Wess I ` AWioldS (server) dlamam View 1 of 1 RECEPTION#: 611581, 07/03/2014 at 12:27:29 PM, 1 of 2, R $16.00 Doc Code RESOLD , . N Janice K. Vos Caudill, Pitkin County, CO RESOLUTION NO.75rA (Series of 2014) A RESOLUTION OF THE ASPEN CITY COUNCIL GRANTING A TEMPORARY USE PERMIT FOR "HUBASPEN," A BUSINESS COOPERATIVE TO BE LOCATED AT 557 NORTH MILL STREET, ASPEN, COLORADO. Parcel ID: 2 73 7-182-16-801 WHEREAS, pursuant to Section 26.450 of the Aspen Municipal Code, the Applicant, North Mill Investors, LLC, represented by Michael Edinger of HUBAspen, has submitted an application for a Temporary Use Permit to operate a business cooperative at 557 North Mill Street; and, WHEREAS, the cooperative will host a variety of business types from offices, to art, craft, services, design, manufacturing, including sales or rentals of products or services; and, WHEREAS, the Community Development Department has reviewed the temporary use application, finds it to be in compliance with the review criteria of Chapter 26.450, and recommends that the City Council approve the temporary use permit; and, WHEREAS, the Aspen City Council has reviewed and considered the temporary use request under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a public hearing; and, WHEREAS, City Council finds that the proposed temporary use is consistent with the character and existing land uses of the surrounding parcels and neighborhood and that granting the temporary use permit will not adversely impact the community or the neighborhood; and, WHEREAS, the City Council finds that the temporary use request meets or exceeds all applicable development standards and that the approval of the proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ASPEN, COLORADO, AS FOLLOWS: Section 1: Temporary Use In accordance with Section 26.450.020 of the Aspen Municipal Code, the City Council of the City of Aspen, Colorado, does hereby grant HUBAspen a temporary use permit to operate a business cooperative at 557 North Mill Street for a period of three years starting approximately August 1, 2014 — depending upon the date the property is vacated by the Jewish Chabad. Resolution No. 75, Series 2014. Page 1 Section 2: Approval Conditions 1. Signage allowance shall be 6 square feet for HUBAspen with an additional directory listing the individual businesses. 2. HUBAspen must obtain a business license. Each individual business must obtain a business license from the City of Aspen and remit taxes accordingly. Section 3: Severability This Resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be construed and concluded under such prior ordinances. If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. FINALLY, Adopted, Passed, and Approved on this 23`d day of June, 2014, at a duly noticed public hearing before City Council. APPROVED AS TO FORM: s -- - mes R. True, City Attorney ATTEST: Manning, City APPROVED AS TO CONTENT: i=r -- Steven Skall n, Mayor Resolution No.b Series 2014. Page 2 r AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE A%DRES O.F PROPERTY* 51 NOA-ft? 1 / 1 / S-Is , Aspen, CO SJCJTEDULED PUBLIC HEARING DATE: e , 20A STATE OF COLOR -ADO ) ss. County of Pitldn ) I, � V I (a— ry-) i 14 eL (�'� P) 4 t ►) (name, please print) being or representing Z 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: V Publication of 7aotice: 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 thepublication 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 on the day of , 20_, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. 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. Neighborhood Outreach: Applicant attests that neighborhood outreach, summarized and attached, was conducted prior to the first public hearing as required in Section 26.304.035, Neighborhood Outreach. A copy of the neighborhood outreach summary, Including the method of public notification and a copy of any documentation that was presented to the public is attached hereto. (continued on next page) Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested, to affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions, SPAs or PUDs that create more than one lot, new Planned Unit Developments, and new Specially Planned Areas, are subject to this notice requirement. Rezoni7lg 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 The fo egoing "Affidavit of Notic " was acknowledged before me thiscZ day of , 20 1T , by �a PUBLIC NOTICE RE:HUBASPEN TEMPORARY USE - 557 NORTH MILL STREET NOTICE Is HEREBY GIVEN that a public hearing will be held on Monday June 9, 2014, at a meeting to begin at 5:00 p.m. before the Aspen City Coun- cil, Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider a temporary use request for HUBAspen, a cooperative business space for start-up businesses. Uses may range from profes- sional office type uses to design, craft, and manu- facturing. The temporary use period requested is three years. The space is approximately 2,000 square feet and is currently occupied by the Jew- ish Chabad. Applicant is Michael Edinger, 943 Vine Street; Aspen, CO 81611. Property owner is North Mill Street Investors, LLC, Andrew Hecht, Manager, 601 East Hyman Avenue; Aspen, CO 81611. For further information, contact Chris Ben - don at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) WITNESS MY HAND AND OFFICIAL SEAL My ssion xpu : N rsl r.a skedron. Ma,� EVIENTS AS APPLICABLE: 5 FATE OF C( Aapeacilycouncil NOTARY ID 20 • Published in the Aspen Times on May 22, 2014 TION L MMISSION EXPIR (1020M) • A ll l/ A k/ U_t" XA it Vl A J_,, POSTED NOTICE (SIGN) • LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL • APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE AS REQUIRED BY C.R.S. §24-65.5-103.3 0 0 MEMORANDUM TO: Mayor Skadron and City Council FROM: Chris Bendon, Community Development Directo dw RE: HUBAspen Temporary Use Permit — Public Hearing 557 North Mill Street (continued from June 9, 2014) Resolution No, Series of 2014. DATE: June 23, 2014 LAND USE REQUEST: The Applicant is requesting a three year temporary use approval to operate a cooperative workspace for start-up businesses at 557 North Mill Street. The Applicant also requests a waiver of the planning fees for this review, estimated to be $1,000. STAFF RECOMMENDATION: Approval. LOCATION: 557 North Mill Street APPLICANT: North Mill Investors, LLC; Andrew Hecht, Manager. REPRESENTATIVES: Michael Edinger, HUBAspen LEGAL DESCRIPTION: Metes and bounds. Parcel ID No. 2737.073.00.013 y SUMMARY: Michael Edinger has applied for a temporary use approval to operate a business start-up cooperative at 557 North Mill Street. The property is zoned Service Commercial Industrial, SCI. The space is currently occupied by the Jewish Chabad under a temporary use approval granted for the period of construction of their Main Street property. Cooperative work spaces are an emerging trend in larger cities. The spaces provide basic facilities and services and allow commercial start-ups to rent on an as -needed or fixed -time basis. Attached to this memo is an article in this month's ULI magazine describing several cooperatives. This approval would permit uses ranging from office, art, craft, design, and manufacturing, depending upon need and demand. Sales of products or services could also occur. Staff is assuming the largest demand will be for office -type uses, a use not permitted in SCI zoning. City Council included a goal in this year's "top ten" focused on business opportunities. By August 31, 2014 help insure the livability of Aspen for future generations by identifying strategies to expand business diversity and enhance business sustainability by reducing business start- up obstacles. Properties in the SCI district have experienced low occupancy rates in the past few years. Staff routinely must deny prospective businesses as the SCI zoning is very narrow in its allowance. This space, for example, has not housed a conforming use in several decades. Businesses have operated under temporary use permits (Jewish Chabad, Brewery) or have been non -conforming office uses (Studio B, Sentient Jet, Stefan Kaelin offices). This temporary use request fits well with City Council's goal. It will also allow the staff, Council, and community to "test" this concept of a business incubator with an actual proprietor. If the concept is not acceptable, the temporary use will expire and a new tenant will need to comply with the SCI zoning. If the concept is successful, the concept may continue, be expanded, or may lead to a new approach to SCI and this property. The landowner has recently discussed the future of the property with City staff. Staff believes a successful business incubator space, an increased sense of stability for the current tenants, some modest aesthetic and site improvements, and incorporation of the Neighborhood Commercial (NC) zoning are potentials. While not part of this temporary use request, staff sees this cooperative space as a venue to continue the discussion of emerging commercial concepts and the future of this property. Staff would like to work with the HUBAspen owners and return to Council at a future work session to discuss this further. Staff is recommending approval of the temporary use request. Staff suggests a signage allotment of 6 square feet for HUBAspen with a directory listing individual businesses. RECOMMENDATION: Staff is recommending approval, with conditions. RECOMMENDED MOTION: "I move approval of Resolution No. , Series of 2014, approving a temporary use for HUBAspen." CITY MANAGER COMMENTS: ATTACHMENTS: Resolution No. , Series 2014. A — Application B — ULI Article RESOLUTION NO. _ (Series of 2014) A RESOLUTION OF THE ASPEN CITY COUNCIL GRANTING A TEMPORARY USE PERMIT FOR "HUBASPEN," A BUSINESS COOPERATIVE TO BE LOCATED AT 557 NORTH MILL STREET, ASPEN, COLORADO. Parcel ID: 2 73 7-182-16- 801 WHEREAS, pursuant to Section 26.450 of the Aspen Municipal Code, the Applicant, North Mill Investors, LLC, represented by Michael Edinger of HUBAspen, has submitted an application for a Temporary Use Permit to operate a business cooperative at 557 North Mill Street; and, WHEREAS, the cooperative will host a variety of business types from offices, to art, craft, services, design, manufacturing, including sales or rentals of products or services; and, WHEREAS, the Community Development Department has reviewed the temporary use application, finds it to be in compliance with the review criteria of Chapter 26.450, and recommends that the City Council approve the temporary use permit; and, WHEREAS, the Aspen City Council has reviewed and considered the temporary use request under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a public hearing; and, WHEREAS, City Council finds that the proposed temporary use is consistent with the character and existing land uses of the surrounding parcels and neighborhood and that granting the temporary use permit will not adversely impact the community or the neighborhood; and, WHEREAS, the City Council finds that the temporary use request meets or exceeds all applicable development standards and that the approval of the proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ASPEN, COLORADO, AS FOLLOWS: Section 1: Temporary Use In accordance with Section 26.450.020 of the Aspen Municipal Code, the City Council of the City of Aspen, Colorado, does hereby grant HUBAspen a temporary use permit to operate a business cooperative at 557 North Mill Street for a period of three years starting approximately August 1, 2014 — depending upon the date the property is vacated by the Jewish Chabad. Resolution No. , Series 2014. Page 1 Section 2: Approval Conditions 1. Signage allowance shall be 6 square feet for HUBAspen with an additional directory listing the individual businesses. 2. HUBAspen must obtain a business license. Each individual business must obtain a business license from the City of Aspen and remit taxes accordingly. Section 3: Severability This Resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be construed and concluded under such prior ordinances. If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. FINALLY, Adopted, Passed, and Approved on this _ day of , 2014, at a duly noticed public hearing before City Council. APPROVED AS TO FORM: James R. True, City Attorney ATTEST: Linda Manning, City Clerk APPROVED AS TO CONTENT: Steven Skadron, Mayor Resolution No. _, Series 2014. Page 2 PROJECT: Name: Location: Parcel ID # ATTACHMENT 2 —LAND USE APPLICATION street address, lot 2 a �o APPLICANT: Name: H IC-4•lr• a- 5-'VI AZ- Address:3 U l � Phone #: ICt • 3 51. M 11 where 0 REPRESENTATIVE: Name:IGN� L17 t Address: Phone #: TYPE Or APPLICATION: (please check all that apply): ❑ GMQS Exemption ❑ Conceptual PUD Temporary Use ❑ GMQS Allotment ❑ Final PUD (& PUD Amendment) ElText/Map Amendment ❑ Special Review ❑ Subdivision ❑ Conceptual SPA ❑ ESA — 8040 Greenline, Stream ❑ Subdivision Exemption (includes ❑ Final SPA (& SPA Amendment) Margin, Hallam Lake Bluff, condominiumization) El Mountain View Plane Commercial Design Review ❑ Lot Split ❑ Small Lodge Conversion/ Expansion n t ❑ Conditional Use EXISTING CONDITIONS (description of existing buildings, uses, previous approvals, etc.) GLL G.�.p 1tLntr ol�vl 1 �15 L 47- PROPOSAL• (description of proposed buildings, uses, modifications, etc.. /d co,Z�A c,z OAQ-5 Cold Ott VAttachment attached the ollowing? FEF,S DUE: SR E C E plication Conference Summary IVF.WP,',k' } #1, Signed Fee Agreement APR — 3 2014 nse to Attachment #3, Dimensional Requirements Form [Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards CITY _ OF ASP S, ❑ 3-D Model for large project All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written taftn'Mlf)Pi;lc�: (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre -application conference summary will indicate if you must submit a 3-13 model. HUBASPEN WRITTEN DESCRIPTION OF PROPOSAL DESCRIPTION: The purpose of the temporary application for occupation of N. Mill Street is to allow the cooperative workspace business HUBAspen to — operate within the CSI zoning district for a proposed three (3) year period of time. The vision for this business is one shared by city council members and city staff alike; ushering in and supporting a new generation of young workers in our community. The details of the proposal are simple and revolve around the allowed usage of commercial business space within the CSI zoning district. This proposal asks only for permission to occupy a building within this zone district to be used for purposes more currently aligned with the downtown commercial zoning districts yet not altogether foreign to current operations within the CSI zone. The building in question is perfectly suited for the needs of HUBAspen and will ultimately add to the vitality of the adjacent buildings and increase foot traffic. The building has an open floor plan and is already built out creating a perfect environment to foster a cooperative workspace like HUBAspen. The workspace itself will be diverse and serve any individual needs through a variety of services and workspace arrangements. Ultimately the hope is to incorporate artists and physical craft space into adjacent spaces. The current owner has been incredibly generous and forthcoming with help, both financially and in vocal support for this effort. The cooperation of the building owner, the founders of HUBAspen, and the city staff and council has served as wonderful evidence that this type of business model Is needed in Aspen. This location is the perfect place to launch its creation. The physical development of the property would remain interior in nature for the duration of the allowed occupation with the exception of exterior signage. The development would be tracked and permitted through the city of Aspen building department and would of course comply with all codes and regulations, Ultimately this space would serve as a platform to engage the community at large as to how this parcel of land would be developed in the future. Granting approval of this application for temporary use would allow this space to become an immediate asset to the community as a whole. The wide ranging support of this project by the public, the private business community, and the local city council and staff serves as a grand indication of the future success of this project, With that level of enthusiasm behind the effort, the founders of HUBAspen humbly submit this application to city council, and City of Aspen Community Development staff members for your review. Thank you in advance for your time and consideration. Regards, -........ - ---- _� - Page 1 of 1 '7" Y', •a ��� .n of F, a tr t. L A. x Is 11 f 4. s' ;� t y �. ...':;. ' 1�_ l i �.� t Sh,�-5+,�✓ 0:1, u 1 ��lA "`k+y E xr . � t ) . d aft � ...+ 5 , 5 �r�r+.E'�•, '�'� y . �, �li. Ea `Y3? fi,S{ Y vk� 4�- r �. =i. ,ro. �'�1f 1 •t rf rtyt• ?,_ nth I�. J° > ' �,g'°Tt �'�>• �p�l5th �� ' A �' atha . � � � Yr ..-+ Z �t�� Vtt � �� to � e>'. 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L� ASPEN OFFICE Victorian Square 601 East Hyman Avenue Aspen, Colorado 91611 Telephone (970) 925-1936 Facsimile (970) 925-3008 Ms, Jennifer Phelan Deputy Planning Director City of Aspen 130 South Galena Street Aspen, Colorado 81611 GARFIELD &HECHT, P.C. ATTORNEYS AT LAW Since 1975 wimpt-fiel dhecht. com April 22, 2014 APR 222014 CITY OF ASPEN CO , N Y DPELOl N i RE: TEMPORARY USE APPLICATION FOR NORTH MILL STREET Dear Jennifer: The purpose of this letter is to notify the City of the current ownership of that certain property located at 465 N. Mill Street and 557 N. Mill Street, Aspen, Colorado and legally described on Exhibit A attached hereto. The owner is: North Mill Street Investors, a Colorado general partnership. Very truly yours, GA*ELDECHT, P.C. EyNa ® Printed on recycled paper Aspen • Avon • Basalt • Glenwood Springs • Rifle Fwd: Mill ST. - michaeltedingeergmail,com - Gmail • Page 2 of 2 ;L PITKIN COUNTY TITLE, INC. i 601 E. HOPKINS, 3rd Floor s ASPEN, COLORADO 81611 970-925.1766 1 970-925-"V FAX April 9, 2007 GARFIELD & HECHT W1 E. HYMAN ASPEN. CO 91611 ATTN: ANDREW V HECHT RE: Pitkin County Title, Inc. is pleased to provide you with the owners policy a" wkn the fc the above mentioned file: Endorsemm Form Endorsement Form Erworsornent Form Endorsement Form Endor80rtient Form Endorsement Form Please review the pokey in its entirety, vie at PPJ:in County Tice, Inc, behave in provldin product which will serve your needs. in the event you do find 0 dscropanry. 01 a you have any questions or Comments togs(( coNaci us end we wilt gladly handle any request you may have as efficiently and quit We have assigned the above number to your records to assure prompt processing of fu property. If you sell or obtain a loan on this property v..0in 5 years, ask ymx broker or a reissue rates which may be avalisbte to you. Thank you very mu h for giving Pitkin County Title. Inc. the opportunity to serve you. Sincerely, "t— uncent J. Higgins President Vh Enclosures: rr� 20140102094726671.pdr tat https://Mail.google.com/mail/u/O/ 4/3/2014 L/ 11-11Z NORTH MILL STREET INVESTORS (- 601 E HYMAN AVENUE ASPEN, CO 81611 i May 5, 2014 City of Aspen Community Development Att. Jennifer Phelan 130 S Galena Street, 3rd FI Aspen, CO 81611 Dear Jennifer, Please accept this letter as approval from North Mill Street Investors, LLC aS approval for Michael Edinger and The Hub to submit a request for a special use designation on 465-557 North Mill Street in Aspen. Please contact Lex Tarumianz if you have any further questions. _Thank -you;._..__.__.. By:_' ` Andrew V. Hecht, as Manager of AVH Mill Street LLC, its Manager of North Mill Street Investors, a Colorado limited partnership �c-'A Homeowner Association Compliance Policy All land use applications within the City of Aspen are required to include a Homeowner Association Compliance Form (this form) certifying the scope of work included in the land use application complies with all applicable covenants and homeowner association policies. The certification must be signed by the property owner or Atfomey representing the property owner. Property Name: ,Uo ;� I'i; 11 S�-r r {� C-L C. Owner ("I' ): Email: z �; f� f,, ; J NJ . w� Phone No.: o a Address of t4 6 -r /S's' 7 IV —4l, Property: t (subject of application) I certify as follows: (pick one) L� This property is not subject to a homeowners association or other form of private covenant. ❑ This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application do not require approval by the homeowners association or covenant beneficiary. ❑ This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application have been approved by the homeowners association or covenant beneficiary. Evidence of approval is attached. I understand this policy and I understand the City of Aspen does not interpret, enforce, or manage the applicability, meaning or effect of private covenants or homeowner association rules or bylaws. I understand that this document is a public document. Owner signature: �, ='- `�` ��J date: Owner printed name: or, Attorney signature: Attorney printed name: date: 0 Project: Applicant: Location: Zone District: Lot Size: Lot Area: ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM (for the purposes of calculating Floor Area, Lot Area may oe reauce(i ror areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: Alb Proposed: 2, ®O 0 Number of residential units: Existing: v Proposed: V Number of bedrooms: Existing:Proposed: IJ jam_ Proposed % of demolition (Historic properties only): DIMENSIONS: Floor Area: Existing. Principal bldg. height: Existing: Access. bldg. height: Existing: On -Site parking: Existing: Allowable: +�--Proposed: Allowable: Proposed: Allowable: Proposed: Required: Proposed: % Site coverage: Existing: W Required: Proposed: % Open Space: Existing: -Required: Proposed: Fgont Setback:.. Existing.:__ _ .Required:. Prop Rear Setback: _-- Existing: -Required: Proposed: Combined F/R: Existing. Required: Proposed: Side Setback: Existing: -Required: Proposed: Side Setback: Existing: -Required: Proposed: Combined Sides: Existing: Required: Proposed: l Distance Between Existing Required: Proposed Buildings Existing non -conformities or encroachments: a i Variations requested: ).i, L& • • Agreement to Pay Application Fees An reement between the City of As en ("City') "and Property Phone No.: Owner ("i"): Email: Address of Billing Property: oil A, WWII Address: (subject of 5 lO C t (send bills here) application) A4to to I understand that the City has adopted, via Ordinance No. , Series of 2011, review fees for Land Use applications and the payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. $ Lwa. ooflat fee for STA C jo_,4 . b � $ flat fee for $ flat fee for $ flat fee for For deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application. I understand that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review, and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. .. I have read, understood, and agree to the Land Use Review Fee Policy including consequences for non-payme agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render an application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. $ deposit for hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $315 per hour. $ deposit for hours of Engineering Department staff time. Additional time above the deposit �,..t amount will be billed at $265 per hour. City of Aspen: Chris Bendon Community Development Director City Use: Fees Due: $ Received: $ Property Owner: APR - W4 1;,11y ASP �t Name: 0 • Fee Waiver Request Form City of Aspen THE Cfl'Y OF ASPEN Community Development Department This form must be submitted to the Community Development Director. You will be notified when a decision has been made. For what fees are you requesting waiver? ❑ BUILDING P PLANNING Applicant Name: Contact Ph.# �( 331• �Zl� Department or Mailing address: E-mail address:lc-t�A.T�01rIL�rt.(o1C�P'IAtLCoP� Project address: 557 P11P, Sr Project description: %Fg; ATTR43D W Fee Breakdown: 1 Fee Description Fee Amount D Requested er d ' Fee Description Fee Amount Requested Energy Code fee REMP Fee Excavation Foundation Fee Inspection Fee Zonin Review Fee Planning Application Fee C9 " lWaiver Permit Fee HPC Application Fee Plan Check Other: Total of Request: $ (t3 °O Reason for Waiver: 'arcew ED, City General Fund Department —100% waiver ❑ City Capital or Other Department — 50% waiver r ;� ❑ Waived or decreased by City Council (please provide documentation) ❑ Other — Please explain with attached letter of request Gill � Signature ror office use only: ❑ APPROVED ❑ Community Development Director OVED Date Total fees waived: $ Date 0 • HUBASPEN REQUEST FOR FEE WAIVER In submitting this application for temporary use we would ask that the $1300 review fee be waived. We respectfully submit this request based on the simple economic circumstances that surround our project. Our HUBAspen project is still in its infancy and without a space yet to deploy our business model income is not being generated and as owners, we are providing all funds for the effort out of pocket. We hope that staff and council, in recognizing the community aspect of our project will see their way clear to granting us this waiver. Thank you very much for your time and consideration. Regards, Michael Edinger & Gordon Bronson Page I of I S transforming the office PATRICK J. KIGER COWORKING, IN WHICH SOLO ENTREPRENEURS, STARTUPS, AND CORPORATE SMALL TEAMS INTERACT IN AN OPEN OFFICE ENVIRONMENT, IS GROWING EXPONENTIALLY. IN THE PROCESS, IT MAY TRANSFORM LAND USE AND DEVELOPMENT. �X � IN WASHINGTON D.C.'s CHINATOWN neighbor- hood, a stately 133-year-old building that once housed a furniture store has been transformed into what may be the workspace of the future. Upstairs, within a sprawling expanse of exposed brick capped by a high ceiling of exposed steel 1-beams, sunlight floods through windows as rows of knowledge workers sit at long tables and stare intently into their computer screens; others labor at standing desks in glass -enclosed offices along the periphery or hold phone conferences in special booths tucked into hallways. Others are chatting in a kitchen alcove next to a supply of gourmet coffee and a cooler filled with cucumber -flavored filtered water. Around the reception area, whimsical furnishings — including golden lawn -gnome end tables and a Rock'Em Sock'Em Robots game —further signify the departure from corporate staidness. But the salient feature of this office space —one of more than two dozen buildings in U.S. cities 60 URBAN LAND MAY/DUNE 2014 operated by the New York City —based company WeWork—is that all its workers do not have the same employer. Instead, this is a coworking envi- ronment, where individual tech entrepreneurs may be sitting alongside professionals such as attorneys and interior designers. The clientele runs the gamut from Crowdskout, a tech startup that is building a data and analytics platform to help publishers and marketers connect with their audiences, to workers for the fashion retail website Gilt. It even includes a traveling magician, Max Major, who uses the space to manage his business when in town. For as little as $325 a month for table space to $3,60o for a six -person enclosed office, WeWork seems to cater particularly —though not exclusively — to young members of the millennial generation, who have grown accustomed to starting and running their own businesses on a shoestring. "There's been this generation of people who came out of the Ivies and elite schools during the recession when there weren't any jobs," says WeWork city lead Carl Pierre, age 25. "So they stayed at home with their parents and started companies on their living room couches. But now they've grown and they need to move their compa- nies into real spaces, but they don't have the capi- tal or access for conventional commercial space." Or they may simply prefer a working environment that, in addition to providing an internet connection and printing services, offers both a meditation room and free beer on tap. Welcome to the world of coworking, a rapidly growing phenomenon that seems likely to have a significant impact on both the economy and devel- opment of urban and suburban. cores where such spaces tend to be located. Since its beginnings in the mid-2000s in San Francisco, coworking has spread to the point where there are probably more than i,000 coworking spaces across the United States, accord- ing to Steve King of Emergent Research, a Lafayette, California —based analytical firm, who was one of the first to study the nascent trend. Deskwanted.com, a website devoted to coworking, reports it has out- posts as far away as Japan and Brazil. "It's grown at a faster pace than anyone had anticipated," King says. "It's become hard to count them." design Above left: WeWork favors renovated classic buildings, such as this structure originally built to house a furniture dealer. Above: A concierge at the WeWork entrance accepts mail and deliveries; a smartphone app notifies workers that visitors have arrived. Left: WeWork's interior design features playful flourishes, such as gnome tables, that appeal to the ironic sensibilities of millennial workers. MAY/DUNE 2014 URBAN LAND 61 Top left: Coworking spaces typically offer a range of options, from desk space In a bullpen area to enclosed spaces for small- business people who want a quieter atmosphere. Top right: One of the appeals of coworking is Interaction with peers who work In other businesses. Above: WeWork's Chinatown facility In Washington, D.C., Includes space for virtual meetings and teleconferencing. Whereas the earliest coworking spaces were barely a step up from a table at Starbucks, larger providers have emerged to offer more sophisticated infrastructure and amenities, from event space and child care to smartphone apps that notify clients that their appointments have arrived. Coworking also has diversified, with a dizzying array of options and hybrids, ranging from spaces such as San Diego's Hera Hub, which serves women entrepreneurs, to buildings that cater to specific industries or to nonprofits and environment -focused businesses. And they have grown beyond office work to include "maker spaces," where tenants may share tools, industrial machines, or even commercial kitchens. "The spaces all have their own unique culture and vibe," King notes. "And they attract people who fit." But they all provide at least a few of the same benefits. Coworking spaces, which are usually based in renovated former industrial or retail build- ings, have the potential to stimulate local economic • "I wanted to be in a space like this instead of in the basement with my cat." --LIZ ELAM growth by providing employment and by serving as anchors for development near the buildings. And because coworking providers tend to pick locations in or close to mixed -use neighborhoods that are accessible by walking, biking, or public transit, the concept is a good fit with the movement for revital- izing communities. A Flexible Infrastructure Most credit the concept of coworking to a software coder named Brad Neuberg. In 2005, he put up $300 a month to rent a space from a feminist collective in San Francisco's Mission District, provided card tables to serve as desks, and then put a notice on Craigslist to invite others to work alongside him. His goal, as he later recalled in a blog post, was to find "the freedom and independence of working for myself along with the structure and community of working with others." To his chagrin, no one showed up for the first month. But eventually other entrepreneurs trickled in, and within a few years a handful of other coworking spaces existed with names such as Citizen Space and Sandbox Suites. They mostly catered to what a 2008 San Francisco Chronicle article called "laptop nomads" —freelance graphic designers, writ- ers, artists, and tech entrepreneurs who had grown weary of searching for seats in coffee shops with free wireless internet access. The economic downturn of the late 20005, which accelerated the shift toward a free -agent economy, gave coworking a shot of adrenaline. Among those who decided to capitalize on the nascent trend 62 URBAN LAND MAY/JUNE 2014 rpp` i J C It:,s was Liz Elam, a former sales executive for Dell, who founded Austin -based Link Coworking—in part, she says, because "I wanted to be in a space like this instead of in the basement with my cat." These days, coworking's explosive growth has being driven not by whimsy, Elam says, but by entrepreneurs who need to be mobile and inde- pendent and who want to choose where they work. The phenomenon has mushroomed to the point where well -established tech hubs such as Austin may have 40 to 5o such buildings, King says. At the same time, coworking has fragmented into subsectors. At the top, outfits such as WeWork, which builds large urban office spaces with high -end amenities, and Santa Cruz, Califor- nia —based NextSpace, which has expanded to cities such as Chicago and Dallas, have become dominant. But plenty of opportunity remains for smaller operations such as Cove, a Washington, D.C.—based coworking company that rents to cli- ents by the hour instead of month and builds its spaces in converted townhouses rather than old office or industrial buildings in order to give them a casual, quirky feel, cofounder Adam Segal says. "We're promoting ourselves as an alternative to the coffee shop or your living room rather than as a dedicated office solution," Segal explains. "You can work here for the price of a latte for a couple of hours, and we'll give you the coffee." But beneath the ambience, Cove's decor is optimized for productivity, Segal says. His spaces feature seven different kinds of seat- ing, ranging from couches to standing desks, to allow workers a change of pace. The spaces also have commercial -grade printers and internet access from multiple providers, giving clients options if one provider experiences an outage. Locating and Designing a Space Most providers say location Is a critical aspect of a successful coworking space, even more so than it is for traditional corporate office developments. WeWork, which employs its own in-house real estate team, focuses on finding buildings that, in addition to being architecturally distinctive, are close to tran- sit routes and modestly priced housing. "If you're a small businessperson in Washington, you'll be living in Petworth or Columbia Heights," says WeWork's Pierre. "So we want to be accessible to those neigh- borhoods." The company also does extensive market research, which includes sending interviewers to local bars and other hangouts to talk to residents about a neighborhood's pluses and minuses. Whereas urban cores seem like a natural envi- ronment for coworking, other providers have been successful in suburban locations. When sisters Tammy Magney and Peggy Stefan decided to open design Top left: Meditation sessions and yoga, some of the amenities offered to WeWork's clients, are conducted in a small area of the office. Top right: WeWork's office space includes a kitchen and coffee bar —and a beer keg. Above: Access to printing, copying, and scanning equipment is a critical part of a coworking space's Infrastructure. MAY/JUNE 2014 URBAN LAND 0 "We're promoting ourselves as an alternative to the coffee shop or your living room rather than as a dedicated office solution. You can work here for the price of a latte for a couple of hours, and we'll give you the coffee."—ADAM SEGAL a coworking space, the Commons, they settled on Excelsior, Minnesota, about a 2o-minute drive from Minneapolis. "It's a really interesting small town, with restaurants that people pull their boats up to and local mom-and-pop retail; there aren't any chains or franchises," Stefan says. That might not be the most attractive neighbor- hood for millennial laptop nomads, but it is a prime location for what Magney and Stefan saw as an underserved market —middle-aged professionals and regional executives for big companies who needed a place to work when they were not on the road. "We have a Realtor, a medical insurance broker, a general contractor, four architects, and a person who does background checks," Stefan says. Magney, an architect who spent 30 years designing schools, supervised the conversion of what had been a bicycle repair workshop. Rather than put up new walls or barriers, she painted the existing walls different colors and arranged the furniture to create zones within the space, plus installed a white -noise system to muffle sound, For a common area where workers could interact, she created a library space filled with reference books as well as samples of products that manufacturers provided in hopes that the space's users might pur- chase them. She managed to complete the project for the modest cost of $26 per square foot ($28o per sq m). 64 URBAN LAND MAY/JUNE 2014 The couches in WeWork's office space preserve some of the casual atmosphere that clients find when working at home. In Austin, Elam, who operates two coworking spaces in addition to consulting for other providers, has a different formula that is tai. lored to sun -drenched, car -depen- dent Texas. She looks for first -floor locations on streets bookended by major thoroughfares and providing ample parking and covered out- door seating. "But I always look for proximity to retail and restau. rants, close to where people live," she adds. "I like being out on the edge rather than at the city core." But coworking spaces also have the potential to be anchors that attract development nearby — restaurants, coffee shops, and retailers that set up shop to cater to the infusion of office workers. Elam, who developed one of her coworking spaces in a shopping center, notes, "When I signed my lease, the center was at 20 percent occupancy. Now it's at go percent. I'd say that we helped that." Simi- larly, Pierre expects WeWork's new location in the old Wonder Bread factory in Washington's Shaw neighborhood to provide economic stimulus there. "We'll have 55o entrepreneurs working in Shaw," he says. "It's going to drive more businesses to stay open during the day and get people to reassess the neighborhood. When clients come by, they're going to see it. I think it's one of the coolest neigh- borhoods —the kind of place where you would find someone like me on a Friday night." Coworking is becoming such an attractive option that big companies such as American Express are now placing some of their small teams off site in coworking spaces in order to develop contacts and potential clients and gather business intelligence. Other companies, King notes, are redesigning their offices to feature open spaces that foster more interaction, in the fashion of coworking. But everyone seems to agree that coworking is a trend on the rise. Elam cites a 2013 study by Intuit that predicts that by 2020 more than 40 percent of the U.S, workforce —about 6o million people — will be freelancers, contractors, or temp workers. "Coworking really dovetails with that," she says. "It's got nowhere to go but up." UL PATRICK ). KIGER is a Washington, D.C.-area journalist, blogger, and author. 0 0 CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY PLANNER: Justin Barker, 429.2797 DATE: 1/24/2013 PROJECT: Aspen HUB REPRESENTATIVE: Michael Edinger TYPE OF APPLICATION: Temporary Use DESCRIPTION: The prospective applicant, Aspen HUB, would like to operate a business incubator at 555 N. Mill Street for a period of two years. The purpose of the incubator is to provide temporary space for start-up businesses to operate. This property is located in the SCI zone district. The space is currently occupied by the Jewish Community Center, but will be vacated upon completion of the new structure on Main Street. Temporary Uses may be granted administratively to be left in place for up to 14 days. City Council may allow a Temporary Use for up to 180 days, with the ability to request for one extension. City Council may also grant seasonal uses for up to 10 years. Land Use App: hftp://www.aspenpitkin.com/Portals/0/docs/City/Comdev/Apps%20and%2OFees/2011%201and%20use°/`20app°/`20form.pdf Land Use Code: htto://www.aspenpitkin.com/Departments/Community-DeveloDmenUPIannina-and-ZoninalTitle-26-Land-Use-Code/ Land Use Code Section(s) 26.304 Common Development Review Procedures 26.450 Temporary and Seasonal Uses Review by: Staff for complete application City Council (Final Decision making body)` J Public Hearing: Yes at City Council AP Planning Fees: $1,300 Deposit for 4 hours of staff time (additional staff time required is billed at $325� e&2, Referral Fees: None t,\ `ll -Tofal-Depo—sue- $1,300 - - - - - - - - - - - -- - Total Number of Application Copies: 12 To apply, submit the following information: 1. Total Deposit for review of application and signed fee agreement. 2. Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. 3. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 4. Completed Land Use Application. 5. Pre -application Conference Summary. 6. An 8 1/2" x 11" vicinity map locating the subject parcels within the City of Aspen. 7. Summary of the proposed incubator business plan and operations. 8. A written description of the proposal and a written explanation of how a proposed development complies with the review standards relevant to the development application. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. Page 1 of 1 • N�_n Y-- P_p3 �. 4P14i. 4K L, q ATTACHMENT 2 -LAND USE APPLICATION PROJECT: Name: Location: rj�� Indicate street address, lot tuber, legal description where appropriate) Parcel ID # (REQUIRED) APPLICANT: O Name: Address: 01►1!% co 16 Phone #: ICI. 51 . qZ REPRESENTATIVE: Name: I"I 10-E l L tD t 46�t-4- Address: Phone #: N TYPE OF APPLICATION: (please check all that apply): ❑ GMQS Exemption ❑ Conceptual PUD ❑ GMQS Allotment ❑ Final PUD (& PUD Amendment) ❑ Special Review ❑ Subdivision ❑ ESA - 8040 Greenline, Stream ❑ Subdivision Exemption (includes Margin, Hallam Lake Bluff, condominiumization) Mountain View Plane ❑ Commercial Design Review ❑ Lot Split ResidentiaFDesi Conditional Use 4 Temporary Use ❑ Text/Map Amendment ❑ Conceptual SPA ❑ Final SPA (& SPA Amendment) ❑ Small Lodge Conversion/ Expansion EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) G�lrt PROPOSAL: (descrintion of nronosed buildings. uses. modifications. etc.) t o L (L, 1 In, kmVS.r-- 'Clot✓ OOX5 kcr_ Its �cCo�f�A w I a0A L15 5q Cu Coll c l H e you attached the%llowing? FEES DUE: $ 3 • cro RECEIVEr re -Application Conference Summary Attachment #1, Signed Fee Agreement Wesponse to Attachment #3, Dimensional Requirements Form APR - 3 2014 Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards ❑ 3-D Model for large project ^ Cl fy OF gSPk n All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written to J441 , rV %W((1 kM (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre -application conference summary will indicate if you must submit a 3-D model. CAA E1,1 t-910 0P-- 9-.,6 C7MA f l,. 6-ocj_� HUBASPEN WRITTEN DESCRIPTION OF PROPOSAL DESCRIPTION: The purpose of the temporary application for occupation of N. Mill Street is to allow the cooperative workspace business HUBAspen to operate within the CSI zoning district for a proposed three (3) year period of time. The vision for this business is one shared by city council members and city staff alike; ushering in and supporting a new generation of young workers in our community. The details of the proposal are simple and revolve around the allowed usage of commercial business space within the CSI zoning district. This proposal asks only for permission to occupy a building within this zone district to be used for purposes more currently aligned with the downtown commercial zoning districts yet not altogether foreign to current operations within the CSI zone. The building in question is perfectly suited for the needs of HUBAspen and will ultimately add to the vitality of the adjacent buildings and increase foot traffic. The building has an open floor plan and is already built out creating a perfect environment to foster a cooperative workspace like HUBAspen. The workspace itself will be diverse and serve any individual needs through a variety of services and workspace arrangements. Ultimately the hope is to incorporate artists and physical craft space into adjacent spaces. The current owner has been incredibly generous and forthcoming with help, both financially and in vocal support for this effort. The cooperation of the building owner, the founders of HUBAspen, and the city staff and council has served as wonderful evidence that this type of business model is needed in Aspen. This location is the perfect place to launch its creation. The physical development of the property would remain interior in nature for the duration of the allowed occupation with the exception of exterior signage. The development would be tracked and permitted through the city of Aspen building department and would of course comply with all codes and regulations. Ultimately this space would serve as a platform to engage the community at large as to how this parcel of land would be developed in the future. Granting approval of this application for temporary use would allow this space to become an immediate asset to the community as a whole. The wide ranging support of this project by the public, the private business community, and the local city council and staff serves as a grand indication of the future success of this project. With that level of enthusiasm behind the effort, the founders of HUBAspen humbly submit this application to city council, and City of Aspen Community Development staff members for your review. Thank you in advance for your time and consideration. Regards, Mic dinger&WrdoTrBronson - -- - - Page 1 of 1 •% 1 � � � �y ♦ �:-.der ,�'4 •` S k,,+ i�41" ?-� fit. � p ��. "_ + ��r � i, I _ Nit "I • � � 5�.,'.+!!¢S{��`rhr��'�#X•'�w`�;iN�sS'�• �.�tj>, try.. !• �.r�" 4t t4: VI sy i L ti ��� � .- «I'.i.�. r;► .. 1. } L • ASPEN OFFICE Victorian Square 601 East Hyman Avenue Aspen, Colorado 81611 Telephone (970) 925-1936 Facsimile (970) 925-3008 Ms. Jennifer Phelan Deputy Planning Director City of Aspen 130 South Galena Street Aspen, Colorado 81611 GARFIELD &HECHT, P.C. ATTORNEYS AT LAW Sinec 1975 wwwgarfieldhecht.com April 22, 2014 RECEIVED APR 2 2 2014 CITY OF ASPEN COMMY DEVEI.OWNI RE: TEMPORARY USE APPLICATION FOR NORTH MILL STREET Dear Jennifer: The purpose of this letter is to notify the City of the current ownership of that certain property located at 465 N. Mill Street and 557 N. Mill Street, Aspen, Colorado and legally described on Exhibit A attached hereto. The owner is: North Mill Street Investors, a Colorado general partnership. Very truly yours, GARFIELD & HECHT, P.C. By. Natasha oap;o�l�!� Aspen •Avon •Basalt •Glenwood Springs •Rifle ® Printed on recycled paper • PARCEL A: EXHIBIT "A" LEGAL DESCRIPTION A tract of land being part of a tract previously described in Book 177 at Page 620 in the Northwest Quarter South Quarter Section 7, Township 10 South, Range 84 West of the Sixth Principal Meridian, described as follows: Beginning at a point being 203.00 feet North 84°19' East from monument "0-64A" set by L.S. 2568, monument "0-6A" is 1124.96 feet South 39°58'22" East from the West quarter corner, Section 7, Township 10 South, Range 84 West of the Sixth Principal Meridian (1954 Brass Cap); thence North 84'19' East 95.00 feet; thence South 05°41' East 66.33 feet; thence South 84°19' West 95.00 feet; thence North 05°41 West 66.33 feet to the Point of Beginning, TOGETHER with an easement for the use of Edward W. Morse III, for purposes of access, utilities and parking as described: Beginning at a point on Mill Street being 303 feet North 84'19' East and 63.00 feet South 10032'30" East from previously described "0-6A'; thence South 10005'07" West 41.00 feet along Mill Street; thence South 84°19' West 88.16 feet; thence North 05°41' West 33.67 feet to the Southwest corner of above described tract; thence North 84°19' East 95.00 feet to the Southeast corner of above described tract; thence North 05°41' West 66.33 feet to the Northeast corner of above described tract: thence North 84*19' East 5.00 feet; thence South 10*32'30" East 63.00 feet to the Point of Beginning. NOTE: THE ABOVE EASEMENT WILL BE DELETED UPON COMPLIANCE WITH THE REQUIREMENTS SET FORTH HEREIN. EXCEPTING therefrom parcels conveyed to the City of Aspen, a municipal corporation by deed recorded December 18, 1978 in Book 360 at Page 532 and 533. PARCEL B: A tract of land situated in the Northwest'/a of the Southwest'/4 of Section 7, Township 10 South, Range 84 West of the 6th P.M., described as follows: Beginning at a point from whence the West 5/4 corner of said Section 7 bears N 39°58'22" W 1124.96 feet, said point being the Southwesterly corner of tract of land described in Book 177 at Page 618; thence on a curve to th left having a radius of 668.00 feet a distance of 222.1 feet the chord of which bears S 25040'02" E 221.1 feet, along the Northeasterly line of a tract of land described in Book 276 at Page 604; thence S 66*48*31" E 151 feet along the Northeasterly line of said tract of land described in Book 276 at Page 604 to a point on the Northwesterly line of tract of land described in Book 180 at Page 345; thence N 19°05'07" E 240.00 feet along said Northwesterly line to the most Northerly corner of said tract of land in Book 180 at Page 345; thence N 10°32'30" W 63.00 feet to the Southeasterly corner of said tract of land described in Book 177 at Page 618; thence N 84'19' W 5.00 feet; thence S 05*41' E 66.33 feet along the Easterly line of a tract of land described in Book 293 at Page 873; thence S 84°19' W 95.00 feet along the Southerly line of said tract of land described in Book 293 at Page 873; thence N 05°41' W 66.33 feet along the Westerly line of said tract of land described in Book 293 at Page 873 to a point on the Southerly line of said tract of land described in Book 117 at Page 618; thence S 84'19' W 203.00 feet along said Southerly line to the Place of Beginning. EXCEPTING therefrom that portion described in Deed to the City of Aspen recorded December 21. 1976 in Book 321 at Page 797, and also excepting therefrom that portion described in Deed to the City of Aspen recorded December 28, 1978 in Book 360 at Page 533. Fwd: Mill ST. - michaeltedinger(ragmail.com - Gmail • Page 2 of 2 PITKIN COUNTY TITLE, INC. 601 E. HOPKINS, 3rd Floor ASPEN. COLORADO 81611 970-925-1766 1 970-925-6527 FAX Apra 9.2007 GARFIELD & HECHT 601 E. HYMAN ASPEN, CO 81611 ATTN: ANDREW V. HECHT RE. Prtkm County Tide, Inc. is pleased to provide you with the owners policy along wit- the ft the above mentioned file Endorsemert Form Endorsement Form Endorsement Form Endorsement Form Endorsement Form Endorsement Form Please review the poticy in its enLraty. We at POtil County Title, Inc- believe in provrdin product which will serve your neecs. In the event you do find a discrepancy. or 0 you have any questions or comments regart contact us and we will gladly handle any request you may have as e`trae^.tly and quicRly We have assigned the above number to your records to assure prompt processrrg of fu property. if you sell or obtain a loan on M.s property within 5 years, ask your broker or a re -issue rates which may be availab:e to you. Thank you very much for grwng Mtkin County Title, Inc. the opportunity to serve you Sincerely, "t- unc®re J. Higens President Vt1 Enclosures: 20140402094724639.pdf 1 o11 T r taper ,rrt1 =0 - https:Hmail.google.com/mail/u/O/ 4/3/2014 * U120- NORTH MILL STREET INVESTORS C 601 E HYMAN AVENUE i ASPEN, CO 81611 May 5, 2014 City of Aspen Community Development Att. Jennifer Phelan 130 S Galena Street, 3`d FI Aspen, CO 81611 Dear Jennifer, Please accept this letter as approval from North Mill Street Investors, LLC as approval for Michael Edinger and The Hub to submit a request for a special use designation on 465-557 North Mill Street in Aspen. Please contact Lex Tarumianz if you have any further questions. Thank you, Andrew V. Hecht, as Manager of AVH Mill Street LLC, its Manager of North Mill Street Investors, a Colorado limited partnership �C� Homeowner Association Compliance Policy All land use applications within the City of Aspen are required to include a Homeowner Association Compliance Form (this form) certifying the scope of work included in the land use application complies with all applicable covenants and homeowner association policies. The certification must be signed by the property owner or Attorney representing the properly owner. Property Name: �lord�SFr. LI- L - _ Owner (''I"): Email: f f ., 4 Phone No.: q ./ % J 5 Z -1 G i c / Address of /SS` ? 44, /1,' 1 J4e-- ,4 r��� t t Property: (subject of application) I certify as follows: (pick one) `J , This property is not subject to a homeowners association or other form of private covenant. ❑ This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application do not require approval by the homeowners association or covenant beneficiary. ❑ This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application have been approved by the homeowners association or covenant beneficiary. Evidence of approval is attached. I understand this policy and I understand the City of Aspen does not interpret, enforce, or manage the applicability, meaning or effect of private covenants or homeowner association rules or bylaws. I understand that this document is a public document. Owner signature:date: Owner printed name: or, Attorney signature: Attorney printed name: date: Project: Applicant: Location: Zone District: Lot Size: Lot Area: ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: eoi Proposed: 2100 0 Number of residential units: Existing: o Proposed: p Number of bedrooms: Existing: 4A osed: JIA Proposed % of demolition (Historic properties only): DIMENSIONS: Floor Area: Existing: P Allowable: bldg. height: Existing: AllowableProposed: bldg. height: Existing: AllowableProposed: On -Site parking: Existing: Required:] Proposed: /o Site coverage: Existing: Required: Proposed: % Open Space: Existing: Required: Proposed: Principal Access. 0 Front Setback: Existing_ Required: Proposed: Rear Setback: Existing: Required: Proposed: Combined F/R: Existing: Required: Proposed: Side Setback: Existing: Required: Proposed: Side Setback: Existing: Required: Proposed: Combined Sides: Existing: Required: Proposed: Distance Between Existing Required: ED ProposeWOV Buildings Kn _ ,� 2q1 Existing non -conformities or encroachments: aodfle- F A 110A .tom 0 �F Fl4PM�.W Variations requested: C� • Agreement to Pay Application Fees An agreement between the City of Aspen ("City") and Property Phone No.: Owner ("I"): Email: Address of Billing Property: 551 l0l. ow5l Address: (subject of II (send bills here) application)kr:v LO '5voll I understand that the City has adopted, via Ordinance No. , Series of 2011, review fees for Land Use applications and the payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. $ 1,500. aoflat fee for S6 (' G (" $ flat fee for $ flat fee for $ flat fee for For deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application. I understand that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review, and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. I have read, understood, and agree to the Land Use Review Fee Policy including consequences for non-payment. I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render an application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. $ deposit for hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $315 per hour. $ deposit for hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $265 per hour. RECEIVED City of Aspen: Property Owner: Chris Bendon Community Development Director APR -32014 GI -Ty 1CFASPEN Name: APAA0*ATV D1 LOKNI City Use: Title: Fees Due: $ Received: $ 0 HUBASPEN REQUEST FOR FEE WAIVER In submitting this application for temporary use we would ask that the $1300 review fee be waived. We respectfully submit this request based on the simple economic circumstances that surround our project. Our HUBAspen project is still in its infancy and without a space yet to deploy our business model income is not being generated and as owners, we are providing all funds for the effort out of pocket. We hope that staff and council, in recognizing the community aspect of our project will see their way clear to granting us this waiver. Thank you very much for your time and consideration. Regards, Michael Edinger & Gordon Bronson Pabe 1 of 1 • THE CITY OF ASPEN Land Use Application Determination of Completeness Date: April 7, 2014 Dear City of Aspen Land Use Review Applicant, We have received your land use application and reviewed it for completeness. The case number and name assigned to this property is 0031.2014.ASLU — 577 N. Mill Street, Temporary Use. Your Land Use Application is incomplete: Proof of ownership. A current (no older than 6 months) in the form of a certificate of title, Ownership and Encumbrance report or a letter from a Colorado licensed attorney listing all owners and encumbrances on the property. I=1 Q/ j y- J2) Authorization letter. A letter from the owner of the property consent ting to the application and permitting an authorized representative on behalf of the own r. J3) HOA Compliance Policy. Please submit a completed form, attached. Please submit the aforementioned missing submission items so that we may begin reviewing your application. No review hearings will be scheduled until all of the submission contents listed above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the land use application. ❑ Your Land Use Application is complete: If there are not missing items listed above, then your application has been deemed complete to begin the land use review process. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2759 if you have any questions. Thank,You, rw�v LL::i'—' Jennifer he , Deputy Director City of Aspen, Community Development Department For Office Use Only: Mineral Rights Notice Required Yes No�l GMQS Allotments Yes Now Qualifying Applications: New SPA New PUD Subdivision, SPA, or PUD (creating more than 1 additional lot) Residential Affordable Housing Commercial E.P.F. Lodging