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HomeMy WebLinkAboutcoa.lu.tu.520 E Cooper Ave.0090.2014.ASLU rte._ F4 w THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0090.2014.ASLU PARCEL ID NUMBERS 2735 182 24 043 PROJECTS ADDRESS 520 E COOPER PLANNER JUSTIN BARKER CASE DESCRIPTION TEMP USE REPRESENTATIVE CITY HALL DATE OF FINAL ACTION 1.12.15 DATE OF FINAL REFUND/ 1.12.15 PAYMENT CLOSED BY ANGELA SCOREY ON: 3.4.15 116oto •2014 . 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' h. _. ti I last name RY RALL First name 801 CASTLE CRK f ASPEN C081611 Phone f Cust x'.12?21 . �Adrps ,� lender _._.” _ _.____ . .. _ .. ........... 1 Last name ° First name Phone Address j '.1 _ _W_ ... _ �Displaysthepermdlender'sadtlress,� ���� ; ,��: � � a .................. �� 3AspenGolriS(serveriangelas loll '.� NU; ,,,., j 1 Fee at ° q est F,o,rm �rer Re�- r t k City of Aspen fll17, nF ASf'"ri` Community Develoj!ment::Department ; , TFis'fo{m musCbe submitted to the:Cominunity Deve+opmenCDirector 46%A1 tie notified Mich a douslon has been,madel For,what,fees are you,requesting tnraiver? ❑ "BUILDING. PLANNING Applicant Name: . &iy Qwt� Contact Ph # Z�' Department or Mailing address: ti 0, t Project address: SZO. Prajectdes'cnptioii �'c� r.4r- >t� ;.-fn la.�,.•.� rox. �Ps���i9� t Fee,Breakdown; C7c�q t7 • D�f,�-;. fl'Qp Requested iRequested' Fee oesciiption Fee AmFe ount Fee Descnptron e Amount' Ener .6de,Eee REMRiFee. . 'Excavation Foundation,,Fee_„ 2onmg'Review Fee inspection-Fee . ._. _ Pianning Application Fee . ..... . .�/ Com. `S".• ot7 P_ermu Fee NP,C A IicatiomFee, PP Pian{:heck:- other:' Tot ai.of Requesti'$': { Reason for Walver, i E]City General:Fub Department.-100%waiver ❑City Capital orbther:Department—50%waiver ; ❑ +ved,or decreased'�by City,council (please provide docum,e tatio other=Please"explain with attached letter of request ( f l r / of{plicant Signu.ture a r. Fora cc use only: P VED [ DISAPPOVtO Total fees,waived:$E 1,.340_ 1. 7 / Community DAve opmentbirector Oate a i l t • Resolution No. 5 (Series of 2015) A RESOLUTION OF THE ASPEN CITY COUNCIL APPROVING A TEMPORARY USE TO LOCATE A FREEZER ON A DESIGNATED PARKING AREA AT 520 E. COOPER AVENUE, LEGALLY DESCRIBED AS UNIT SP-1, ASPENHOF SUBDIVISION. Parcel ID: 2735-182-24-043 WHEREAS, the Community Development Department received an application from Aspen Core Ventures, LLC & Cooper Street Development, LLC, requesting Temporary Use approval to permit the location of a freezer on a designated parking area at 520 E. Cooper Avenue; and, WHEREAS, the Community Development Director reviewed the application and considered the Temporary Use proposal..under the applicable provisions of the Municipal Code as identified herein, and found the application to be consistent with the requirements of the Code; and, WHEREAS, the City Council reviewed the application and considered the Temporary Use proposal 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 duly noticed public hearing; and, WHEREAS, the City Council finds that the temporary use proposal meet or exceed all applicable development standards associated with the request. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION AS FOLLOWS: Section 1: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council hereby approves a Temporary Use request to permit the location of a freezer on a designated parking area at 520 E. Cooper Avenue through September 30, 2015. Up to two 6- month extensions may be approved by the Community Development Director. Section 2• All material representations and commitments made by the Applicant pursuant to the temporary use proposals as herein awarded, whether in public hearing or documentation presented before the City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. 520 E.Cooper-Temporary Use Resolution No. 5, Series of 2015 Page 1 of 2 Section 3• This resolution shall not effect 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 conducted and concluded under such prior ordinances. Section 4• 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. APPROVED BY the City Council of the City of Aspen on this day of )qV). 2015. Steven adronI Mayor i Att st: Linda Manning, City Clrk Approved as to form: es R.True,City Attorney 520 E.Cooper-Temporary Use Resolution No. 5,Series of 2015 Page 2 of 2 Rep,ular Meeting Aspen City Council January 1.2, 201.5 CITIZEN COMMENTS AND PETITION...................................................................................................2 COUNCILMEMBERCOMMENTS............................................................................................................3 AgendaAddition...........................................................................................................................................4 CONSENTCALENDAR.............................................................................................._........_.....................4 Resolution#2,2015—Growth Management Allotment Carry-Forward Review.........................................6 Resolution#5, Series of 2015— 520 E. Cooper Avenue—Temporary Use..................................................7 Ordinance#3, Series of 2015 — 101 W. Main Street (Molly Gibson Lodge)—Planned Development, ProjectReview and Subdivision...................................................................................................................7 Ordinance#2, Series of 2015 —730 E. Cooper Street(Base I Lodge)—Planned Development, Commercial Design,Growth Management Reviews ........................................................................................................9 Ordinance#1, Series of 2015 —232 E. Main Street(Base 2 Lodge)—Planned Development, Commercial Design, Growth Management,Historic Reviews........................................................................................I I Ordinance#41, Series of 2014—928 W. I iallam Street, Minor Subdivision.............................................13 Ordinance#40, Series of 2014—Pitkin County Center Subdivision—Major Subdivision, Rezoning....... 13 Ordinance#39, Series of 2014—709 E Durant, Sky Hotel Redevelopment..............................................14 Resolution 4, Series of 2015—Vacated Rights of Way- Policy Resolution.............................................18 Ordinance 4, Series of 2015 —Rights-of-Way Code Amendment.............................................................. 19 1 MEMORANDUM TO: Mayor Skadron and Aspen City Council , FROM: Justin Barker, Planner THRU: Chris Bendon, Community Development Director RE: 520 E. Cooper Avenue—Temporary Use Request Resolution#5, Series of 2015 MEETING DATE: January 12, 2015 SUMMARY: Applicant requests City Council approve a temporary use request to locate a freezer for use by the Little Annie's Restaurant on an outdoor designated parking area located at 520 E. Cooper Avenue. City Council may approve a temporary use up to 180 days with one extension. APPLICANTS.:Aspen Core Ventures, LLC &Cooper Street Development, LLC. PARCEL ID: 2735-182-24-043. ADDRESSES: 520 E. Cooper Avenue,Unit SP-1, Aspenhof Subdivision. ZONING: Commercial Core(CC). LAND USE REQUEST AND REVIEW PROCEDURES: The Applicant is requesting the following land use approval from City Council: • Temporary and Seasonal Uses: Temporary uses may be granted for a period not to exceed one hundred eighty (180) days from the date upon which the City Council approves the temporary use, unless a shorter period is specified in the approval. For seasonal uses, the City Council shall determine the maximum number of annual recurrences, which shall not exceed ten(10) years. BACKGROUND: The Applicant is requesting a temporary use permit to locate a freezer on an outdoor designated parking area at':520;E'. Cooper Avenue for the use of Little Annie's Restaurant, which is located across the alley at'517 E: Hyman Avenue (see Figures A & B on next page). Staff memo—Little Annie's Temporary Use Page 1 of 2 r � aoz s qVF. a` Little Annie's e } zo z Proposed Freezer . Location Proposed Freezer �r LocationRuz � a �R qv�r,' , y Figure A Figure B Recent construction of the Aspen Core project to the east required a transformer to be placed on the Little Annie's property where the freezer was originally located. There is currently no additional space on the property to locate the freezer without remodeling the building. It is anticipated that the building will be remodeled in the near future, but the restaurant owner would like to remain in operation in the meantime. The Applicant has expressed the freezer would most likely only be needed through April,but potentially through September. STAFF EVALUATION: Staff has reviewed the application and finds the temporary use request to be reasonable. The freezer will be hidden from view for most people and does not significantly impact existing alley operations. Staff finds the proposed temporary use meets the review criteria found in Exhibit A. As a highly beloved restaurant in Aspen, staff recommends approving the temporary use through September 30, 2015, to give the Applicant flexibility to remain open through summer if possible. Staff also recommends that the approval include an allowance for two additional 6-month extensions, which can be approved administratively, to allow the restaurant continued operation in the chance that construction does not occur at the anticipated time. STAFF RECOMMENDATION: Staff recommends that the City Council APPROVE with conditions the Applicant's request to locate a freezer on a parking area at 520 E. Cooper Avenue. RECOMMENDED MOTION (All motions are worded in the affirmative): "I move to approve Resolution No. 5, Series of 2015 approving a temporary use for locating a freezer on a designated parking area at 520 E. Cooper Avenue, with conditions." CITY MANAGER COMMENTS: ATTACHMENTS: Exhibit A—Review Criteria Exhibit B—Application Staff memo—Little Annie's Temporary Use Page 2 of 2 Resolution No. 5 (Series of 2015) A RESOLUTION OF THE ASPEN CITY COUNCIL APPROVING A TEMPORARY USE TO LOCATE A FREEZER ON A DESIGNATED PARKING AREA AT 520 E. COOPER AVENUE, LEGALLY DESCRIBED AS UNIT SP-1, ASPENHOF SUBDIVISION. Parcel ID: 2735-182-24-043 WHEREAS, the Community Development Department received an application from Aspen Core Ventures, LLC & Cooper Street Development, LLC, requesting Temporary Use approval to permit the location of a freezer on a designated parking area at 520 E. Cooper Avenue; and, WHEREAS, the Community Development Director reviewed the application and considered the Temporary Use proposal under the applicable provisions of the Municipal Code as identified herein, and found the application to be consistent with the requirements of the Code; and, WHEREAS, the City Council reviewed the application and considered the Temporary Use proposal 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 duly noticed public hearing; and, WHEREAS, the City Council finds that the temporary use proposal meet or exceed all applicable development standards associated with the request. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION AS FOLLOWS: Section 1: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council hereby approves a Temporary Use request to permit the location of a freezer on a designated parking area at 520 E. Cooper Avenue through September 30, 2015. Up to two 6- month extensions may be approved by the Community Development Director. Section 2• All material representations and commitments made by the Applicant pursuant to the temporary use proposals as herein awarded, whether in public hearing or documentation presented before the City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. 520 E. Cooper-Temporary Use Resolution No. 5, Series of 2015 Page 1 of 2 Section 3• This resolution shall not effect 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 conducted and concluded under such prior ordinances. Section 4• 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. APPROVED BY the City Council of the City of Aspen on this_.day of , 2015. Steven Skadron, Mayor Attest: Linda Manning, City Clerk Approved as to form: James R. True, City Attorney 520 E.Cooper-Temporary Use Resolution No. 5, Series of 2015 Page 2 of 2 EXHIBIT A 26.450.030. Criteria applicable to all temporary uses. When considering a development application for a temporary use or an insubstantial temporary use, the Community Development Director or City Council shall consider, among other pertinent factors, the following criteria as they or any of them, relate thereto: A. The location, size, design, operating characteristics and visual impacts of the proposed use. Staff Finding: The freezer will be located across the alley from the restaurant operation on a parking area. It will occupy approximately one parking space for the footprint of the freezer and access area for employees. There is already existing trash and mechanical within the enclosure and the addition of a freezer will not create negative visual impact. There will be increase foot traffic due to the employees crossing the alley to obtain goods from the freezer. However, this will not be a frequent occurrence. B. The compatibility of the proposed temporary use with the character, density and use of structures and uses in the immediate vicinity. Staff Finding: The surrounding uses are primarily commercial spaces. The operation of a freezer for a restaurant use is compatible with these uses and is similar to typical commercial operations that occur in an alley. C. The impacts of the proposed temporary use on pedestrian and vehicular traffic and traffic patterns, municipal services, noise levels and neighborhood character. Staff Finding: There will be an increase of pedestrian traffic from employees crossing the alley to access the freezer. This is a minimal impact to the area, and will most likely not be noticeable as it would be within an alley, which is subservient in nature. D. The duration of the proposed temporary use and whether a temporary use has previously been approved for the structure, parcel, property or location as proposed in the application. Staff Finding: There have been no other temporary uses approved here. E. The purposes and intent of the zone district in which the temporary use is proposed. Staff Finding: Both properties are located in the Commercial Core zone district. The purpose of CC is to allow the use of land for retail, service commercial, recreational and institutional purposes within mixed-use buildings to support and enhance the business and service character in the historic central business core of the City. The freezer helps a successful and locally admired business continue operation and promotes business within a structure that could otherwise remain dormant until redevelopment. F. The relation of the temporary use to conditions and character changes which may have occurred in the area and zone district in which the use is proposed. Exhibit A 520 E. Cooper Temporary Use Page 1 of 2 Staff Finding: The need to relocate the freezer is due to a transformer being required for new development to the east. Relocation of the freezer allows the restaurant to continue operation as- is until redevelopment of that building occurs, which is anticipated in the near future. At that time, the freezer would be required to be incorporated on the property of the redevelopment and the temporary use would no longer be needed. G. How the proposed temporary use will enhance or diminish the general public health, safety or welfare. Staff Finding: The proposed temporary use will neither enhance nor diminish the general public health, safety or welfare. Exhibit A 520 E. Cooper Temporary Use Page 2 of 2 . , EXHIBIT B PROPERTY ADVISORS 418 E.Cooper Ave. Suite 207 Aspen,CO 81611 970.920.0101 (office) 970.925.4544(fax) December 12, 2014 Chris Bendon Community Development Director City of Aspen 130 S. Galena Street Aspen, CO 81611 Re: Little Annie's Parking Space Dear Chris, Pyramid Property Advisors is an authorized representative for Cooper Street Development, LLC and Aspen Core Ventures, LLC and manages the parking spaces located behind the Aspenhof building. Cooper Street Development, LLC and Aspen Core Ventures, LLC would like to formally request for temporary use administrative approval from December 20, 2014 until council review on,January 12, 2015 to allow Little Annie's Eating House to utilize the parking space cross hatched in the attached exhibit for a freezer. The owning entities understand that it is at City Council's discretion to approve the temporary use beyond January 12, 2015. We appreciate your understanding. Feel free to call with any. questions. Sincerely, Lex Tarumianz President d'u5� AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE,CODE ADDRESS OF PROPERTY: ��� �, .�oZ .coo,�¢f '7'� c� , Aspen, CO SCHEDULED PUBLIC HEARING DATE: / 201 0 2 � 5 Nom ��o� S. o�D.�w _ STATE OF COLORADO ) ss. County of Pitkin } I moi-✓ 5o1,,e p 9::!i1 (name, please print) being or rep esenting an Applicant to e 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,notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from-the Community Development Department, which was made of suitable,.waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing on the day 6 , ' ' ` , 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 infonnation 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 all owners of property within three hundred (300) feet of the :�t . property;subject to the development application. The names and addresses of ,,�propeArty.owners shall be those on the current tax records of Pitkin County as they app„eared.no more'Uhan sixty (60) days prior to the date of the public hearing. A COPY of the OW77e7-s 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. Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning snap 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. Signa ure The foregoing "Affidavit of Notice" was acknowledged before me this Zq day of�` .P: , 20L,�,by A-, :i `"PUBLIC NOTICE T+ RE:520 E.COOPER STREET•�' ,{,TEMPORARY USE NOTICE IS HEREBY GIVEN that a publichearing WITNESS 1V ESS 1Vl i HAND AND OFFICIAL SEAL will be held on Monday,January 12,2015,at a meeting to begin at 5:00 p.m.before the Aspen " City Council,Council Chambers,City Hall,130 S. Galena SC,Aspen,to consider an application sub- 7� mitted by Cooper Street Development,LLC&As- My commission expires. pen Core ventures,LLC,for the property located at 520 E.Cooper Avenue.The applicants request a temporary use permit to locate a freezer on an out- door parking area along the alley at 520 E.Cooper Avenue.The freezer will be used for the restaurant operation known as Little Annie's at 517 E.Hyman Avenue across the alley.The property is legally N tart'Pu 11c described as Unit SP-1,Aspenhof Subdivision, tion,c ntact Justin Barker For further informs- KAREN REED PATTERSON tion,contact Justin Barker at the City of Aspen Community Development Department,130 SSG NOTARY PUBLIC sena St.,Aspen,co,(970)4zs.27s7,just n.bark- STATE OF COLORADO er®cityofaspen.com. s/StevenSkadron Ma or. NOTARY ID#199640f)2767 Aspen City Council Published in the Aspen Times on December254TTACE MENTS AS APPLICABLE' My commission Expires February 15,2016 , 2014(10810330)- 'UBLICA TION Y PHOTOGRAPH OF THE POSTED NOTICE (SIGN) • LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BYMAIL • APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE AS REQUIRED BY C.R.S. §24-65.5-103.3 i • • AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E),ASPEN LAND USE CODE ADDRESS OF PROPERTY: 520 E. Cooper Avenue, Aspen, CO SCHEDULED PUBLIC HEARING DATE: January 12,2015 STATE OF COLORADO } } 5S. County of Pitkin ) 1, Sarah Pegler, 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) of'the Aspen Land Use Code in the following manner: N/A Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of' Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches.wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15)days prior to the public hearing on the 18th day of December, 2014, to and including the date and time of the public hearing. A photograph of the posted notice (.sign) is attached hereto. V/ Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the inf` rrr► t rsrt Ct~ cti a to Section 26.304.060(E)(2) of the Aspen Land Use Code. A(least fifteen ,l S) days prior to the public hearing, notice was hand delivered or`,mailed by.,first )class r postage prepaid U.S. mail to all owners of'property within three hundred (300) feet of the property subject to the development application. J The "na �`aii°d aildresscs 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. N/A 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 Qf. the neighborhood outreach summary, including the method of public notification and a copy of`crny documentation that was presented to the public is attached hereto. (continued on next page) N/A 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, PDs that create more than one lot, and new Planned Developments are subject to this notice requirement. - NIA _Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeat 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. I--lowever, 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 v The foregoing"Affidavit of Notice"was acknowledged before me this t`w day of 1)E'[ ^,t..r��)6-- , 20L4, by r� l_L i L_ �t.—' WITNESS MY 14AND AND OFI.IC1At. SEAL My commission expires: !V M KRBSTBFIE SB�tfTH Notary Public . Notary I' blic State of Colorado ATTACHMENTS AS APPLICABLE: ® COPY OF THE PUBLICATION ® PHOTOGRAPH OF THE POSTED NOTICE(SIGN) ® LIST OF THE OWNERS AND GOVERNMENTAL A GENCIES NO TICED BY MAIL e APPLICANT CERTIFICATION OF MINERAL ES TAE OWNERS NOTICE AS REQUIRED BY CR.S. x.24-65.,5-103.3 PUBLIC NOTICE RE: 520 E. COOPER STREET—TEMPORARY USE NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, January 12. 2015. at a meeting to begin at 5:00 p.m. before the Aspen City Council, Council Chambers, City I lall, 130 S. Galena St., Aspen, to consider an application submitted by Cooper Street Development, LLC & Aspen Core Ventures, I.A.C. for the property located at 520 E. Cooper Avenue. The applicants request a temporary use permit to locate a freezer on an outdoor parking area along the alley at reezer will be. used for the restaurant operation known as Little 520 E. Cooper Avenue. The f Annie's at 517 E. Hyman Ave across the alley. The property is legally described as Unit SP-1, Aspenhof Subdivision, Parcel 1I) 2737-182-24-043. For further information,contact Justin Barker at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429.2797,justin.barker@cityofaspen.coni. s/Steven Skadron, Mavor Aspen City Council Published in the Aspen Times on December 25, 2014 City of Aspen Account 204 SOUTH GALENA STREET LLC 308 HUNTER LLC 4 SKIERS LP 2001 N HALSTED#304 490 WILLIAMS ST 1108 NORFLEET DR CHICAGO, IL 60614 DENVER, CO 80218 NASHVILLE,TN 372201412 419 EAST HYMAN AVENUE LLC 434 EAST COOPER AVENUE LLC 514 AH LLC 320 W MAIN ST 2001 N HALSTED STE 304 514 E HYMAN AVE ASPEN, CO 81611 CHICAGO, IL 60614 ASPEN,CO 81611 517 EAST HOPKINS ASPEN LLC 520 EAST COOPER PTNRS LLC 610 EAST HYMAN LLC 2001 N HALSTED#304 402 MIDLAND PARK C/O CHARLES CUNNIFFE CHICAGO, IL 60614 ASPEN, CO 81611 610 E HYMAN AVE , ASPEN,CO 81611 630 EAST HYMAN LLC 633 SPRING II LLC 633 SPRING PENTHOUSE LLC 532 E HOPKINS AVE 418 E COOPER AVE#207 601 E HYMAN AVE ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 AGRUSA USA ANNANDERSON ROBERT M& LOUISE E AP RT 29 LLC 4761 W BAY BLVD#1704 1021 23RD ST 601 E HYMAN AVE ESTERO,FL 33928 CHETEK,WI 54728 ASPEN, CO 81611 ASPEN ART MUSEUM ASPEN BLOCK 99 LLC ASPEN CORE PENTHOUSE LLC 590 N MILL ST 532 E HOPKINS AVE 0133 PROSPECTOR RD#4102B ASPEN, CO 81611 ASPEN,CO 81611 ASPEN, CO 81611 ASPEN GROVE ASSOCIATES LLP ASPEN KOEPPEL LLC ASPEN MOUNTAIN FUN LLC 51027 HWY 6&24#100 3551 ST GAUDENS RD PO BOX 10264 GLENWOOD SPRINGS, CO 81601 COCONUT GROVE, FL 331336530 ASPEN, CO 81612 , ASPEN PLAZA LLC ASPEN RETREAT LLC ASPEN SQUARE VENTURES LLP PO BOX 1709 6536 E GAINSBOROUGH 602 E COOPER#202 ASPEN,CO 81612 SCOTTSDALE,AZ 85251 ASPEN, CO 81611 ASPENHOF CONDO ASSOC ASPENHOF CONDO ASSOC AV STEIN LLC 19.08% 520 E COOPER AVE 600 E HOPKINS AVE#203 601 E HYMAN AVE ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 c AVH ONION VENTURES ii LLC AVP PROPERTIES LLC BASS CAHN 601 LLC 601 E HYMAN AVE 630 E HYMAN AVE#25 PO BOX 4060 ASPEN, CO 81611 ASPEN,CO 81611 ASPEN, CO 81612 BATTLE GERALD LIVING TRUST BERN FAMILY ASPEN PROPERTY LLC BERSCH BLANCHE TRUST HIXON BURT LIVING TRUST PO BOX 8020 9642 YOAKUM 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HOLDINGS N S N ASSOCIATES INC 600 E HOPKINS AVE STE 304 615 E HOPKINS AVE 11051 W ADDISON ST ASPEN, CO 81611 ASPEN, CO 81611 FRANKLIN PARK, IL 60131 NEUMANN MICHAEL NH ONION VENTURES II LLC NIELSON COL STEVE&CAROL D 7381 MOHASNIC DR 601 E HYMAN AVE 501 S FAIRFAX BLOOMFIELD HILLS, MI 48301 ASPEN,CO 81611 ALEXANDRIA,VA 22314 NJ STEIN LLC 52.98% NONNIE LLC OL.ITSKY TAMAR& STEPHEN 418 E COOPER AVE#207 PO BOX 565 PO BOX 514 ASPEN, CO 81611 ASPEN, CO 81612 GWYNEDD VALLEY, PA 19437 P&L PROPERTIES LLC PARAGON PENTHOUSE LLC PEARSON REBECCA J 101 S 3RD ST#360 9950 SANTA MONICA BLVD 1610 JOHNSON DR GRAND JUNCTION, CO 81501 BEVERLY HILLS,CA 90212 STILLWATER, MN 55082 PETERSON CHRISPY&JAMES E PITKIN CENTER CONDO OWNERS ASSOC PITKIN COUNTY BANK 80% 867 HAVEN CREST CT NORTH 517 W NORTH ST 534 E HYMAN AVE GRAND JUNCTION, CO 81506 ASPEN, CO 81611 ASPEN,CO 81611 PLATINUM GLOBAL VENTURES LLC PORTE BROOKE RAHLEK LTD AT BANK OF AMERICA 344 PROSPECT ST#D 3520 PADDOCK RD 3903 BELLAIRE BLVD LA JOLLA, CA 92037 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Galena Street Purpose: applicantsCoo er-Street LLC &men Cor____e_-- pevelo ment,,_� _ LLC request a tem�orarY- Ventures � q--- - ermit to locate a freezer on a 1? p E. Cooper Ave, par area at 52_— .— P b the_Littl_e_Annie s ,an For E. - at Sat on contact For further- inform Ave�__---_-.---- _ en Plann�n9 wept at Asp---__-- . 0-429-2797.,_------ ,r i NOTICE OF APPROVAL FOR A TEMPORARY USE PERMIT TO LOCATE A FREEZER IN A PARKING AREA AT 520 E. COOPER STREET (LEGALLY DESCRIBED AS UNIT SP-1, ASPENHOF SUBDIVISION) FOR USE BY THE LITTLE ANNIE'S RESTAURANT LOCATED AT 517 E, HYMAN AVENUE. Parcel ID: 2737-182-24-043 APPLICANT: Aspen Core Ventures, LLC Cooper Street Development, LLC REPRESENTATIVE: Pyramid Property Advisors SUBJECT & SITE OF APPROVAL: 520 E. Cooper Street, Temporary.Use Permit to locate a freezer on a parking area SUMMARY: The applicant has requested a temporary use permit to locate a freezer on an outdoor parking area along the alley at 520 E. Cooper Street. The freezer will be used by the Little Annie's Restaurant which is located across the alley at 517 E. Hyman Avenue. The exact location is shown in the application letter in Exhibit B. The applicant currently has an application in for City Council review of a temporary use permit, with a hearing date scheduled for January 12, 2015. DECISION: Staff finds that the proposed temporary use is in compliance with City regulations and thereby APPROVES the request from December 20,2014 until the scheduled public hearing before City Council on January 12,2015, 7sB ED BY: don Date Community Development Director EXHIBITS: A. Review Criteria—Temporary Use B. Application letter 0 0 EXHIBIT A 26.450.030. Criteria applicable to all temporary uses. When considering a development application for a temporary use or an insubstantial temporary use, the Community Development Director or City Council shall consider, among other pertinent factors, the following criteria as they or any of them, relate thereto: A. The location, size, design, operating characteristics and visual impacts of the proposed use. Staff Finding: The freezer will be located across the alley from the restaurant operation on a parking area. It will occupy approximately one parking space for the footprint of the freezer and access area for employees. There is already existing trash and mechanical within the enclosure and the addition of a freezer will not create negative visual impact. There will be increase foot traffic due to the employees crossing the alley to obtain goods from the freezer. However, this will not be a frequent occurrence. B. The compatibility of the proposed temporary use with the character, density and use of structures and uses in the immediate vicinity. Staff Finding: The surrounding uses are primarily commercial spaces. The operation of a freezer for a restaurant use is compatible with these uses and is similar to typical commercial operations that occur in an alley. C. The impacts of the proposed temporary use on pedestrian and vehicular traffic and traffic patterns, municipal services, noise levels and neighborhood character. Staff Finding: There will be an increase of pedestrian traffic from employees crossing the alley to access the freezer. This is a minimal impact to the area, and will most likely not be noticeable as it would be within an alley, which is subservient in nature. D. The duration of the proposed temporary use and whether a temporary use has previously been approved for the structure, parcel, property or location as proposed in the application. Staff Finding: The freezer will be located on the parking area from December 20, 2014 — January 12, 2015, At that time, City Council will determine if the temporary use can continue for a longer period of time. There have been no other temporary uses approved here. E. The purposes and intent of the zone district in which the temporary use is proposed. Staff Finding: Both properties are located in the Commercial Core zone district. The purpose of CC is to allow the use of land for retail, service commercial, recreational and institutional purposes within mixed-use buildings to support and enhance the business and service character in the historic central business core of the City. The freezer helps a successful and locally admired business continue operation and promotes business within a structure that could otherwise remain dormant until redevelopment. Exhibit A 520 E. Cooper Temporary Use Page ] of 2 F. The relation of the temporary use to conditions and character changes which may have occurred in the area and zone district in which the use is proposed. Staff Finding: The need to relocate the freezer is due to a transformer being required for new development to the east. Relocation of the freezer allows the restaurant to continue operation os- is until redevelopment of that building occurs, which is anticipated in the near future. At that time, the freezer would be required to be incorporated on the property of the redevelopment and the temporary use would no longer be needed. G. How the proposed temporary use will enhance or diminish the general public health, safety or welfare. Staff Finding: The proposed temporary use will neither enhance nor diminish the general public health, safety or welfare. Exhibit A 520 E. Cooper Temporary Use Page 2 of 2 EXHIBIT B PROPERTY 'AD V ISO R S 418 E.Cooper Ave. Suite 207 Aspen,CO 81611 970.920.0101 (office) 970.925.4544(fax) December 12, 2014 Chris Bendon Community Development Director City of Aspen 130 S. Galena Street Aspen, CO 81611 Re: Little Annie's Parking Space Dear Chris, Pyramid Property Advisors is an authorized representative for Cooper Street Development, LLC and Aspen Core Ventures, LLC and manages the parking spaces located behind the Aspenhof building. Cooper Street Development, LLC and Aspen Core Ventures, LLC would like to formally request for temporary use administrative approval from December 20, 2014 until council review on January 12, 2015 to allow Little Annie's Eating Nouse to utilize the parking space cross hatched:in the attached exhibit for a freezer. The owning entities understand that it is at City Council's discretion to approve the temporary use beyond January 12, 2015. We appreciate your understanding. Feel free to call with any questions. Sincerely, y Lex Tarumianz President ASF'ENHO Tt(A CONDOMINIUM) INP EASiEfliI t]7'.CEFF(F kOT N A:;-:YP tO!SC ANfi p ND' 4vFSIFi.,.CZ5+:C;U,W,QFk r✓$CT*Yo:TQ--✓Ty`:j.Cl ics�fr l:.`:G YXC 1N AS :iz.41..R tlY 01 .1'1.1 sofEr^ftXkSPC" PU MMK Qf TNS NAP 4'-CMXW Nc.4.2E iNe.?A'4'P Aaq PhRii9ii�./RNiE AA}Y,�ATY iM T.e(NAP CY ayEs}R^f iGED`A+E1/EtEN... P:A7 AT Pti:E SNEk:YQf 3 ;,u;aQ`.E4Ll C*!A,S > 1 a i i r f I s 1 ASPENHOF GROUND LEVEL SUHFACF PARKING PLAN\gEW 01� aYiRS gOPRISE'.GtatriRlfi+G.-.,x,C •••..,�•..•..