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HomeMy WebLinkAboutcoa.lu.tu.520 E Cooper Ave.0090.2014.ASLU0090.2014. ASLU 520 E COOPER AVE TEMP USE - COUNCIL FEES WAIVED 7Lj7�� THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER PARCEL ID NUMBERS PROJECTS ADDRESS CASE DESCRIPTION REPRESENTATIVE DATE OF FINAL ACTION DATE OF FINAL REFUND/ PAYMENT 0090.2014.ASLU 2735 182 24 043 520 E COOPER JUSTIN BARKER TEMP USE CITY HALL 1.12.15 1.12.15 CLOSED BY ANGELA SCOREY ON: 3.4.15 X73 116 coqo .1014 - A.SLL4 1 411W4, File Edit Record Navigate Form Repots rormaf Tab Help X 77 lump 1 9 11 am C&Drn Fields Roubnq Status Fee Surnmaj �fttons Roubng History r 4sDen '-an, Use Permit t K IqO H 14 ASI.J Address 1:20 E CO3-PER I Apt!Suh o C4 �ASPEII state C0 Lp 1781gil Perrnflnform bon X 7�T MasterC 123107 Applied Roubng queue Projectz status Ending Apprved (D Des7iri'on TEMP USE - COUNCIL Issued RBIATTED 12 12 14 Closed/Real 7 Clod IRunning I Days [70 Eores [12,242�015 Submitted Orrmer 1CITY HALL 1801 CASTLE CRK Last name RrI name ASPEN Co 81611 Phone Address Applicant Owner is applicant? Contractor is applicant? Last name HALL Arst name 1801 CASTLE CRK ASPEN WOO AMrpq; Phone 112727 Lender last name Arst name Phone i Address Displays the perml lender's address AspenGold5 (ser.,v UQEItS I Of 1 01 0 Fee Waiver Request Form THE Cm (v A -qv,., 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 waaiiv,er?� �❑ BUILDING )Z PLANNING Applicant Name: ' �lY�' "1 ContactPh.# 10' --61U ( �Ya-v✓t � {� i�.c.✓ vlS^ YS Department or Mailing address: Lit9 L U SILO(( E-mail address: ,%LLk V '1l)r XVM6J (ASM . nkk Project address: S?O 15, $011N dive Project description: 7—e4v,g!f3 Ole.:& Lc& uo1 &Wk l d a arf4 Fee Breakdown: v� 1(' • L BUILDING Fee Description Fee Amount Requested Waiver Fee Description Fee Amount Requested Waiver Energy Code Fee REMP Fee Excavation Foundation Fee Zoning Review Fee Inspection Fee Plannin plication Fee it/ 3oo Permit Fee _ Plan Check HPC Application fee Other: Total of Request: $ 1,3 on Reason for Waiver: ❑ City General Fund Department —100% waiver ❑ City Capital or Other Department -- 50% waiver eher — or decreased by City Council (please provide t oc i t do her— Please explain with attached letter of request ! � • Applicant Signature P7 r,,. / �.�,. �J +^, Date For ce use only: P VED ❑ DISAPPROVED Total fees waived: $ A3ChP __.__._ Community Deve opment Director Date --tom--- • • 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 Mumeipal 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 AL day of, 2015. W Linda Manning, City CI Approved as to form: es R. True, City Attorney 520 E. Cooper - Temporary Use Resolution No. 5, Series of 2015 Page 2 of 2 0 s Rey,ular Meetinp- Aspen City Council January 12, 2015 CITIZEN COMMENTS AND PETITION...................................................................................................? 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 1 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........................................................................................ l I Ordinance #41, Series of 2014 — 928 W. I lallam 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 • 0 Regular Meeting Aspen City Council January 12, 2015 Councilwoman Mullins asked why Staff is recommending no carry forward. Ms. Garrow said typically Council does not roll over but last year staff recommended it. The 2015 allotments should cover what will be requested. There is a mechanism in the code for an applicant to request allotments from a future year. Mayor Skadron asked if GMQS is a mechanism to absorb and manage growth, and tonight we are seeing four development applications is the GMQS working. Ms. Garrow said it is working. The 2013 rollover was to encourage lodging. It is limiting growth particularly in the lodging realm. Mayor Skadron asked if applications were turned down because there were no allotments. Ms. Garrow replied no, there were enough allotments for the applications that came forward. Ms. Garrow stated the rollover has never been done to the residential category. Mayor Skadron opened the public comment. There was none. Mayor Skadron closed the public comment. Councilman Romero moved to approve Resolution #2, Series of 2015; seconded by Councilwoman Mullins. All in favor, motion carried. Resolution #5, Series of 2015 — 520 E. Cooper Avenue — Temporary Use Justin Barker, community development, stated the temporary use is to relocate a freezer on a designated parking area at the 520 East Cooper property for use by Little Armies restaurant. The Aspen Core project required the location of a transformer in the area previously located by the freezer. The property owner is anticipating a remodel but not likely till this fall. They are requesting the temporary use through the end of September 2015. Staff is recommending approval with the allowance of two additional six month extensions that could be approved administratively. Councilwoman Mullins asked if 520 E Cooper needs to find an additional parking space. Mr. Barker replied no, since it is a temporary use that is the allowance per the code. Mayor Skadron opened the public comment. There was none. Mayor Skadron closed the public comment. Councilman Frisch moved to adopt Resolution #5, Series of 2015; seconded by Councilman Daily. All in favor, motion carried. Ordinance #3, Series of 2015 — 101 W. Main Street (Molly Gibson Lodge) — Planned Development, Project Review and Subdivision Sara Adams, community development, gave an overview of the schedule. Tonight is first reading for the Molly Gibson, Base 1 and 2. Second reading will be on January 26`h. The Molly submitted first so they will give a full presentation on the 261''. Staff recommends Base 1 and 2 be continued to March 9`h. There was a site visit with Council today and all five councilmembers were present as well as the applicant. The reviews include planned development, project review, subdivision and growth management. The Molly Gibson is comprised of two parcels along Main Street and Hopkins. They also request to incorporate a vacant lot adjacent to the Main Street parcel. The request is to merge the vacant lot with the • 11 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 Pagel of 2 a • co I 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 • 0 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: 273 5-182-24-043 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 0 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, Cite 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 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: 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 a • 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 0 0 PEXHIBIT B PROPERTY ADVISORS 418 E. Cooper Ave. Suite 207 Aspen, CO 8161' 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 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: �aQ E-cc-c fie% , Aspen, CO if SCHEDULED PUBLIC HEARING DATE: kkn 12 P , 2015 STATE OF COLORADO ) ss. County of Pitkin ) I, '�nel e_ a Iscc—r�� I (name, please print) being or rep esenting an Applicant to Ifie City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) oftheAspen Land Use Code in the following manner: [/ Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least 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 of , 20_, to and including the date and time of the public hearing. A photograph of the posted notice (sib) 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. 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 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. Signa ure The foregoing "Affidavit of Notice" was acknowledged before me this day of f , 20LI by PUBLIC NOTICE RE: 540 E. COOPER STREET TEMPORARY USE NOTICE IS HEREBY GIVEN that a public hearing WITNESS MY 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 Hall130 S. Galena St., Aspen, to consider an application sub- My commission expires: miffed by Cooper Street Development, LLC 8 As- 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 1/1, Jfi pfia operation known as Little Annie's at 517 E. Hyman Avenue across the alley. The property is legally N tary Public' described as Unit SP-1, Aspenhof Subdivision, Parcel n 273Ju,tin Barker 043. For further informs- KAREN REED PATTERSON Lion, contact Justin Barker at the City of Aspen NOTARY PUBLIC Community Devebpment Department, 130 S. Ga- lena St., Aspen, CO, (970) 429.2797, justln.bark STATE OF COLORADO er®cityofaspen.com. 1d , Clty CouncC.Z nil Mavor NOTARY ID #19964002767 Aspen Published in the Aspen Times on December 25, ATTACHMENTS AS APPLICABLE' My Commission Expires February 15, 2016 2014 (10810330) UBLICATION • PHOTOGRAPH OF THE 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 • 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 COLORAI)O ) ss. County of Pitkin ) I, 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 or the posted notice (sign) is attached hereto. Mailing q'. notice. By the mailing of a notice obtained from the Community Development Department, which contains the infbrrhaflob ,&:'bn'brd in Section 26.304.060(E)(2) of the Aspen Land Use Code. Atyleast fifteen (I5) days prior to the public hearing, notice was hand delivered or mailed by. firsi glass postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. Witte,naime's' afd 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. 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 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) N/A Mineral Estate (honer 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. N/A _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. 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. Sign ' are The foregoing "Affidavit of Notice" was acknowledged before me this f' _ day of 20-Lq, by ` ;, r-2� k WITNESS MY HAND AND OFFICIAL SEAL My commission expires: M KRWINE SMITH 01 Notary Public Notary P b11C state of Coioradc ATTACHMENTS AS APPLICABLE: • COPY OF THE PUBLICA TION • PHOTOGRAPH OF THE POSTED NOTICE (SIGN) • LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICE D BY.tMIL • APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE AS REQUIRED BY C.R.S. §24-65.5-103.3 0 • 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 call. 130 S. Galena St., Aspen, to consider an application submitted by Cooper Street Development, LLC & Aspen Core Ventures, I.I.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 520 E. Cooper Avenue. The freezer will be used for the restaurant operation known as Little Annie's at 517 E. Hyman Ave across the alley. The property is legally described as Unit SP-1, Aspenhof Subdivision, Parcel ID 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.com. s/ Steven Skadron, Mayor Aspen City Council Published in the Aspen Times on December 25, 2014 City of Aspen Account • 0 204 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 LISA ANN ANDERSON 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 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 • 0 BATTLE GERALD LIVING TRUST BERN FAMILY ASPEN PROPERTY LLC BERSCH BLANCHE TRUST HIXON BURT LIVING TRUST PO BOX 8020 9642 YOAKUM DR PO BOX 2847 GARDEN CITY, NY 11530 BEVERLY HILLS, CA 90210 NEWPORT BEACH, CA 92659 BIG HOPKINS LLC BISCHOFF JOHN C BLACK HAWK ASPEN LLC 421 N BEVERLY DR #300 565 CITRUS AVE ROECLIFFE COTTAGE JOE MOORES LN BEVERLY HILLS, CA 90210 INPERIAL BEACH, CA 919321111 WOODHOUSE EAVES LEICESTERSHIRE LE12 8TF ENGLAND, BLAU JEFF T BOOGIES BUILDING OF ASPEN LLC BORGIOTTI CLAUDIO C/O RELATED COMPAINES C/O LEONARD WEINGLASS 10509 HUNTING CREST LN 60 COLUMBUS CIRCLE FL 19 534 E COOPER AVE VIENNA, VA 22192 NEW YORK, NY 10023 ASPEN, CO 81611 BOUNTY LLC BPOE ASPEN LODGE #224 BRAND BUILDING LLC 415 E HYMAN AVE 210 S GALENA ST #21 205 S GALENA ST ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 BRONSON RICHARD L TRUST 50% CALGI RAYMOND D CAVES KAREN W 4510 NE DELAMAR PL 134 TEWKESBURY RD 1 BARRENGER CT LEES SUMMIT, MO 64064 SCARSDALE, NY 10583 NEWPORT BEACH, CA 92660 CHATEAU ASPEN CONDO ASSOC CHATEAU ASPEN UNIT 21-A LLC CHISHOLM REVOCABLE TRUST 630 E COOPER AVE 600 E HOPKINS AVE #203 3725 N GRANDVIEW DR ASPEN, CO 81611 ASPEN, CO 81611 FLAGSTAFF, AZ 86004-1603 COASTAL MOUNTAIN INVESTMENTS LLC COASTAL MTN PROPERTIES LLC COOPER STREET COMPANY 2519 N MCMULLEN BOOTH RD #510-307 2639 MC CORMICK DR 601 E HYMAN AVE CLEARWATER. FL 33761 CLEARWATER, FL 33759 ASPEN, CO 81611 COOPER STREET DEVELOPMENT LLC COTTONWOOD VENTURES I LLC COTTONWOOD VENTURES II LLC C/O PYRAMID PROPERTY ADVISORS 419 E HYMAN AVE 300 CRESCENT CT #850 418 E COOPER AVE #207 ASPEN, CO 81611 DALLAS, TX 75201 ASPEN, CO 81611 COX JAMES E LIVING TRUST CRAMER ROBERT W DALY CAROL Y REV TRUST 3284 SURMONT DR 3502 ARMSTRONG AVE 617 E COOPER LAFAYETTE. CA 94549 DALLAS, TX 75205 ASPEN, CO 81611 DARHOWER ADRIENNE DCGB LLC DEXTER ASPEN LLC 1511 NICKERSON ST ATT GIORGIO RIGHETTI CFO 404 S GALENA ST #203 AUSTIN, TX 78704 610 WEST 52 ST ASPEN, CO 81611 NEW YORK, NY 10019 0 • DIBRELL CHARLES G JR & FRANCES 24 ADLER CIR GALVESTON, TX 77551-5828 ECCHYMOSIS LLC 4802 E 2ND ST # 2 LONG BEACH, CA 90803 ERGAS VENESSA BLAIR & CLAUDE PO BOX 4316 ASPEN, CO 81612 DURANT AH LLC PO BOX 4068 ASPEN, CO 81612 ELKS LODGE 224 210 S GALENA ST STE 21 ASPEN, CO 81611 EXELCEDAR INC 20% 534 E HYMAN AVE ASPEN, CO 81611 EB BUILDING ASPEN LLC 1601 ELM ST #4000 DALLAS, TX 75201 ELLERON CHEMICALS CORP 2101 WAUKEGAN RD #210 BANNOCKBURN, IL 60015 FEHR EDITH 8 REVOCABLE TRUST 543 FOX RUN DR CARBONDALE, CO 81623-8502 FERRY JAMES H III FITZGERALD FAMILY PARTNERSHIP LTD FLY MARIE N BOX 166 C/O PITKIN COUNTY DRY GOODS LLC 7447 PEBBLE POINTE GLENCOE, IL 600220166 520 E COOPER W BLOOMFIELD, MI 48322 ASPEN, CO 81611 FORD ANN MICHIE FURNGULF LLP GALENA COOPER LLC 216 WAPITI WAY 616 E HYMAN AVE 601 E HYMAN BASALT, CO 81621 ASPEN, CO 81611 ASPEN, CO 81611 GELD LLC GERARDOT J REVOCABLE TRUST GILBERT GARY PO BOX 1247 5526 HOPKINTON DR 1556 ROYAL BLVD ASPEN, CO 81612-1247 FORT WAYNE, IN 46804 GLENDALE, CA 91207 GOFEN ETHEL CARO TRUSTEE GOLDEN PANTHERS LLC GONE WEST LLC 455 CITY FRONT PLAZA 78365 HWY 111 4415 401 W CENTER CHICAGO, IL 60611 LA QUINTA, CA 92253 SEARCY, AR 721451406 GORDON LEONARD & ELLEN GUIDOS SWISS INN LLC 12204 GALESVILLE DR 23655 TWO RIVERS RD GAITHERSBURG, MD 20878 BASALT, CO 81621 HEMP SUZANNE LIV TRUST HENDRICKS SIDNEY J 15470 POMONA RD YOLANDE EVERHARD BROOKFIELD, WI 53005 6614 LAKE VILLE RD PETALUMA, CA 94954-9256 HOPPES DIANA HORSEFINS LLC 5400 VERNON AVE #106 601 E HOPKINS AVE EDINA. MN 55436 ASPEN, CO 81611 HAMMER DRU RESIDENTIAL TRUST 2828 HOOD ST #1602 DALLAS. TX 75219 HINDERSTEIN FAM REV TRUST 4415 HONEYMOON BAY RD GREENBANK, WA 98253 HUNKE CARLTON J LVG TRST 408 N 1ST ST #507 MINNEAPOLIS, MN 55401 • 0 HUNTER PLAZA ASSOCIATES LLP INDEPENDENCE PARTNERS INDEPENDENCE SQUARE UNITS LLC 602 E COOPER #202 602 E COOPER AVE #202 400 E MAIN ST #2 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 JACOBSON GREGORY JENNE LLP JOSHUA & CO REAL ESTATE HOLDINGS 1511 NICKERSON ST 1510 WINDSOR RD LLC AUSTIN, TX 78704 AUSTIN, TX 77402 300 S HUNTER ST ASPEN, CO 81611 JOYCE EDWARD K & W PROPERTIES INC KEENE KAREN M 1310 RITCHIE CT 728 W CANAL ST 1700 BASSETT ST #503 CHICAGO, IL 60610 NEW SMYRNA BEACH, FL 32168 DENVER, CO 80202 KOEPPEL KEVIN F KRAJIAN RON KRISTAL ASPEN LLC 4150 PARK AVE 617 E COOPER AVE #114 1417 WEST 10TH ST MIAMI, FL 33133 ASPEN, CO 81611 AUSTIN, TX 787034816 KUTINSKY BRIAN LCT LP LEFFERS JEFFREY J TRUSTEE 26480 NORMANDY RD TENNESSEE LIMITED PARTNERSHIP 5526 HOPKINTON DR FRANKLIN, MI 480251034 PO BOX 101444 FORT WAYNE, IN 46804 NASHVILLE, TN 37224-1444 LEVY LAWRENCE F & CAROL LOMA ALTA CORPORATION MAIERSPERGER RENELL 444 N MICHIGAN AVE #3500 PO BOX 886 404 S GALENA CHICAGO, IL 60611 LANCASTER, TX 75146-0886 ASPEN, CO 81611 MAVROVIC ERNA MAYFAIR INVESTMENTS LLC MCMURRAY WILLIAM & HELEN 530 E 72ND ST APT 15-C PO BOX 268 29 MIDDLE HEAD RD NEW YORK, NY 10021 RICHMOND VICTORIA 3121 MOSMAN NSW 2088 AUSTRALIA, AUSTRALIA, MJM AMENDED & RESTATED TRUST MJM HOLDINGS II LLC MOEN DONNE & ELIZABETH FAM TRUST 1776 SOUTH LN 1701 GOLF RD 8 CABALLEROS RD NORTHBROOK, IL 60062 TOWER 3 STE 203 ROLLING HILLS, CA 90274 ROLLING MEADOWS, IL 60008 MORRIS ROBERT P MYSKO ASPEN 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 OLITSKY 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 101 S 3RD ST #360 GRAND JUNCTION, CO 81501 PETERSON CHRISPY & JAMES E 867 HAVEN CREST CT NORTH GRAND JUNCTION, CO 81506 PLATINUM GLOBAL VENTURES LLC 344 PROSPECT ST #D LA JOLLA, CA 92037 RANKMORE KEVIN L & JASMINE PO BOX 168 WELLINGTON NSW 2820 AUSTRALIA, REICH DANIEL S TRUST 20% 6 RINCON ST IRVINE, CA 92702 RG COOPER ST 4.83% CIO RONALD GARFIELD 601 E HYMAN AVE ASPEN, CO 81611 ROSS ROGER A REVOCABLE TRUST 4720 WAILAPA RD KILAUEA, HI 96754 S & S REALTY PARTNERS LLC 25 BOND ST #4W NEW YORK. NY 10012 SCHNITZER KENNETH L & LISA L 2100 MCKINNEY AVE #1760 DALLAS, TX 75201 PARAGON PENTHOUSE LLC 9950 SANTA MONICA BLVD BEVERLY HILLS, CA 90212 PEARSON REBECCA J 1610 JOHNSON DR STILLWATER, MN 55082 PITKIN CENTER CONDO OWNERS ASSOC PITKIN COUNTY BANK 80% 517 W NORTH ST 534 E HYMAN AVE ASPEN, CO 81611 ASPEN, CO 81611 PORTE BROOKE RAHLEK LTD AT BANK OF AMERICA 3520 PADDOCK RD 3903 BELLAIRE BLVD WESTON, FL 33331 HOUSTON, TX 77025 RED FLOWER PROP CO PTNSHP RED ONION INVESTORS LLC 575 MADISON AVE #1006 420 E COOPER AVE NEW YORK, NY 100222511 ASPEN, CO 81611 REICH MELVIN L TRUST 80% REVOLUTION PARTNERS LLC 4609 SEASHORE DR PO BOX 1247 NEWPORT BEACH, CA 92663 ASPEN, CO 81612 RG ONION VENTURES II LLC ROSS JOHN F 601 E HYMAN AVE 7600 CLAYTON RD ASPEN, CO 81611 ST LOUIS, MO 63117 RUBENSTEIN ALAN B & CAROL S RUTLEDGE REYNIE 57 OLDFIELD DR 51 COUNTRY CLUB CIR SHERBORN, MA 01770 SEARCY, AR 72143 SANDIFER C W JR TRUST 50% SCHEUERMAN JOANNE E 240 LINDEN DR 200 LOCUST ST #23A BOULDER, CO 80304 PHILADELPHIA, PA 19106 SCHROEDER FAMILY TRUST SCHULTZE DANIEL G 4 GREENWOOD CT 404 S GALENA ST #210 ORINDA, CA 94563 ASPEN, CO 81611 • SEGUIN JEFF W & MADALYN B TRUST 617 E COOPER #412 ASPEN, CO 81611 SH ONION VENTURES II LLC 601 E HYMAN AVE ASPEN, CO 81611 SILVER SLAM COMMERCIAL LLC 60 COLUMBUS CIR NEW YORK, NY 10023 STEPHENS ROSS DAVID 1337 B DANIELSON RD SANTA BARBARA, CA 93108 TENNESSEE THREE RENTALS C/O J H COBLE 5033 OLD HICKORY BLVD NASHVILLE, TN 37218-4020 TOMKINS FAMILY TRUST 520 E COOPER AVE #209 ASPEN, CO 81611 VAUSE FAMILY TRUST 3020 PLAZA DE MONTE LAS VEGAS, NV 89102 WALLEN-OSTERAA REV LIVING TRUST 36 OCEAN VISTA NEWPORT BEACH, CA 92660 WAVO PROPERTIES LP 512 1/2 E GRAND AVE #200 DES MOINES, IA 50309-1942 SEGUIN WILLIAM L & MARILYN A PO BOX 4274 ASPEN, CO 816124274 SHUMATE ASPEN LLC 421 AABC #G ASPEN, CO 81611 SJA ASSOCIATES LLC 418 E COOPER AVE #207 ASPEN, CO 81611 STERLING TRUST COMP 2091 MANDEVILLE CYN RD LOS ANGELES, CA 90049 TERMINELLO DENNIS J & KERRY L 656 RIDGEWAY WHITE PLAINS, NY 10605-4323 TREUER CHRISTIN L 5455 LANDMARKL PL #814 GREENWOOD VILLAGE, CO 801111955 VICTORIAN SQUARE LLC 418 E COOPER AVE #207 ASPEN, CO 81611 WALLING REBECCA 350 BLANCA AVE TAMPA, FL 33606 WEIDEL LAWRENCE W PO BOX 1007 MONROE, GA 30655 SEVEN CONTINENTS LLC 601 E HYMAN AVE ASPEN, CO 81611 SILVER DIP EQUITY VENTURE LLC 2100 MCKINNEY STE 1760 DALLAS, TX 75201 STEIN BUILDING LLC 23.11% 601 E HYMAN AVE ASPEN, CO 81611 TENNESSEE THREE PO BOX 101444 NASHVILLE, TN 37224-1444 THOMPSON ROSS & LYNETTE PO BOX 367 CARBONDALE, CO 816230367 VARADY LOTHAR & CHERYL TRUST 5036 MAUNALANI CIR HONOLULU. HI 96816 WALL JANET REV TRUST 205 S GALENA ST ASPEN, CO 81611 WARNKEN MARK G 8614 QUARRY RIDGE LN #A ST PAUL. MN 551255503 WEIGAND BROTHERS LLC 150 N MARKET WICHITA, KS 67202 WELLS RICHARD A & SUSAN T TRUST WF SWEARINGEN LLC WHEELER BLOCK BUILDING LLC 100 N TRYON ST 47TH FLR 450 CONWAY MANOR DR NW 211 N STADIUM BLVD STE 201 CHARLOTTE, NC 28202 ATLANTA, GA 30327 COLUMBIA, MO 65203 • WISE JOSEPH WOLF LAWRENCE G TRUSTEE WOODS FAMILY LP 1320 HODGES ST 22750 WOODWARD AVE #204 PO BOX 11468 RALEIGH, NC 27604-1414 FERNDALE, MI 48220 ASPEN, CO 81612 WOODS FRANK J III WRIGHT CHRISTOPHER N YERAMIAN CHARLES REV TRUST 51027 HWY 6 & 24 STE 100 13 BRAMLEY RD PO BOX 12347 GLENWOOD SPRINGS, CO 81601 LONDON W10 6SP UK, ASPEN, CO 81612 PUBLIC NOTICE L Date: Monday, January 12-,-2-0-1-5- Time: 5:00 Pm ptace , City Council Chambers,_ 130 S. Galena Street purpose: kt 6WJicarjts�-(Qoopqr SjTeei---- De- velopment LLC —&­,�sPgP -.Core ora- VentprPs. LLC) request a te rnp locate a freezer err on a 9§e to lo -ci ­p­Cooper Ave. parkin are at 520 E. Annie's r use b the Littl e---/A—[" 1 - for -r-1 3n ant located at !�i 7 E. Hymc Restaur tact mation con ther�in�forry ForfU A) Ig _Qe —t. at—,-.- Aspen——P I an n P 0-429-2797..---- E • 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, APP ED BY: M;y ris Bendon Community Development Director EXHIBITS: A. Review Criteria — Temporary Use B. Application letter Date 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 1 of 2 0 • 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 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 9 EXHIBIT B PROPERTY O R S 418 E. Cooper Ave. Suite 207 Aspen, CO 8161 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, l Lex Tarumianz President I ! \� r � � 'LL 0 § $ $ CL R ! ! �� ; ■ |