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HomeMy WebLinkAboutcoa.lu.tu.305 Mill St.0040.2018.asluCOMMUNITY DEVELOPMENT CITY OF ASPEN CASE NUMBER 0040.2018.ASLU PROJECT ADDRESS 305 MILL STREET PARCELID 273718217004 PLANNER GARRETT LARIMER CASE DESCRIPTION TEMP USE REPRESENTATIVE RYAN CHADWICK DATE OF FINAL 10/9/2019 ACTION CLOSED BY SARA NESTER pern-lits -- UA El 00 File Edit Record Navigate Form Reports Format Take Help I+'� �-0 Jump 1 ,� c! Clear Q f�lairi Custom Fields Routing Status ;Fee Surnmor Hcboris Routinr� Histor�f Permit type kslu seen Land Use Permit # CC4S.2C1 L,..ASLU �i ririr•o�� � 1} C r.r �� � '�-" (... hr.!I-,(Ci�a O rT O 0 CD 0 Submitted L4C'K` 925 1791 Clod, RunninC Days C Submitted is ` I - Applied ; ' C?.u�,2 01�, Approved Issued Closed ,final :J E I Expires G710112019 0-inner Last name HUNT First name 1`1.=4.RK 2001 N HALSTEAD ST 344 Phone (312) 850-268C Address CHIC4GO IL 60-614 Applicant ❑v Owner is applicant? ❑ Contractor is applicant? Last name HUt1T i First name 191 eFtK zC01 Pa H.-;LSTEAD S7 3C y Phone (312) 851} i2 Cust ; 'C'7.1 °° Address CHIC,4GO IL E,C614 Email Lender Last name I ° ° ° First name Phone ( - Address CL OD tf- L4,-567`6 1:300 00 !1 C�I.18i1� r1I�1�1 1 {48�LJ8� 1 �Fll i'7LI �Ji� 1 ® 1 f51 I 1 RESOLUTION NO. 122 (SERIES OF 2018) A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL APPROVING A TEMPORARY USE OF TENT AND AIRLOCK STRUCTURE AT 305-7 S. MILL STREET, ASPEN COMMERCIAL CONDOMINIUMS UNIT A AND COMMON AREA, BLOCK 19, CITY AND TOWNSITE OF ASPEN, COLORADO. Parcel ID: 2737-1.82-17-004 WHEREAS, the Community Development Department received an application from Ryan Chadwick requesting Temporary Use approval to maintain a plastic and canvas tent structure covering the trellis over the public amenity space at the north end of the existing commercial building from December 15, 2018 through April 15, 2019; and WHEREAS, pursuant to Chapter 26.450.050 of the Land Use Code, City Council may grant a temporary use approval for up to 180 days; 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 considered the application during public hearing at a regular scheduled meeting on August 27, 2018 and by a four -- one (4 -- 1) vote approves Resolution No. 122, Series of 2018; and, WHEREAS, the City Council approves the tent structure, allowing for a temporary use for one hundred and twenty (120) days; 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 THE CITY OF ASPEN, COLORADO, THAT: -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 allow the erection of a plastic and canvas tent on the subject site, over the existing trellis, measuring approximately 788 sq. ft., from December 45, 2018 to April 20, 2019, for a period of one hundred twenty (120) days. The tent, including walls and roof, shall be removed in its entirety by April 21, 2019. The additional condition shall apply: IIIIII IIIII IIIII IIIII IIIII IIIII IIIII I'II II I III IIIII IIIII IIIII IIIIIII II IIII RECEPTION#: 650172, R: $23.00, D: $0.00 DOC CODE: RESOLUTION Pg 1 of 3, 09/07/2018 at 09:59:52 AM Janice K. Vos Caudill, Pitkin County, CO a. At the time of approval (August 27, 2018) the walls and roof are installed in violation of the previous approval. The walls and roof must be removed by the close of business on Tuesday, September 4, 2018. Section 2: The temporary structure shall be made available as a "Local Vendor Market" on Saturdays and/or Sundays, for a minimum of one day per week until April 15, 2019, or until the tent enclosure is removed; whichever cornes first. The additional conditions shall apply: a. The Applicant shall attend an ACRA Board meeting to discuss the Saturday Market concept. b. The Applicant shall contact Aspen Entrepreneurs and Maker d- Place to discuss the Saturday Market concept. c. The Applicant shall contact Aspen Tree to discuss the Saturday Market, with the intent that the CSAs associated with Aspen Tree will be made privy to the Saturday Market. Section 3; Temporary structures that are approved on a site for a period greater than fourteen (14) days are subject to growth management review, resulting in affordable housing mitigation. The applicant is required to provide housing mitigation for each day above 14 that the tent is up. The estimated amount of affordable housing due for this site is $5,562.30 (based on methodology in LUC,26.470.090.1). This fee must be paid prior to the placement of the structures on the site. Staff requires verification of the size of the structures prior to payment. Section 4; A tent permit approval, including verification from the Aspen Fire Department that the structure meets all necessary safety requirements, is required prior to the erection of the temporary structure. ,'gction 5: All material representations and commitments made by the Applicant pursuant to the temporary use proposal 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. sulign fi! 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 conducted and concluded Linder such prior ordinances. Sgction 7: 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 ofthe remaining portions thereof. APPROVED BY the City Council of the City of Aspen on this 27"' day of August. 2018. - -'\-/ (� V Steven Skadj\on N4ayoa. Attest: da Manning, City Cl Approved as to form: ,I roes R. True, City Attorney f " CITY OFASPEN MEMORANDUM TO: Mayor Skadron and Aspen City Council FROM: Ben Anderson, Planner II THRU: Jessica Garrow, Community Development Director RE: Temporary Use Request - Grey Lady, 305 S. Mill, Resolution No. 122, Series of 2018 MEETING DATE: August 27, 2018 APPLICANT: Ryan Chadwick, 426 E. Hyman Ave. #301, Aspen, CO 81611 LOCATION: 305 S. Mill, Grey Lady CURRENT ZONING: Commercial Core (CC, Commercial Core Historic District) SUMMARY: The applicant is seeking temporary use approval for Grey Lady restaurant to place a plastic/canvas tent over the site's public amenity space from December 15, 2018 through April 15, 2019, a total of one hundred and twenty (120) days. STAFF RECOMMENDATION: Staff recommends the City Council deny the applicant's ` request for a one hundred twenty (12o) day temporary use approval. Staff finds the structures is out of character with the historic district and does not wish to encourage structures constructed of such impermanent materials for such a length of time. Additionally, a condition of the 2017 approval required that the tent structure be removed following the period of approval. The roof has not been removed, meaning this condition was never fully met. Figure A. Grey Lady Restaurant, north view. Figure B. Grey Lady Restaurant, west view - trellis structure. Figure C. Grey Lady Restaurant, south view - trellis structure. Page 1 of 4 1_ c) South Galena Street Aspen, CO Si6m-iq/s 1 P: 9/0.920.5C)OO 1 F: 9/0.92U5197 ( cityofaspen.com REQUEST OF CITY COUNCIL: • Temporary and Seasonal Use Review (26.450.030) The applicant is requesting Temporary Use approval related to two temporary structures in accordance with Chapter 26.450 of the Land Use Code for a period of one hundred and twenty (120) days. The Code allows City Council to grant temporary use approval for up to 180 consecutive days within a calendar year, for no more than ten years. City Council is the final review authority. LOCATION/BACKGROUND: The subject site is located within the historic Commercial Core zone district, at the corner of the Mill Street pedestrian mall and E. Hyman Avenue. The applicant has requested and received temporary use approval for the tent on this site during the 2014-2015 winter season, the 2015- 2016 holiday season, the 2017-2018 winter season, and now the 2018-2019 winter season. The history of requests are as follows: • In 2013 City Council granted a former restaurant owner of the subject location seasonal temporary use approval for a temporary custom fabric airlock from January through March of the same year. At Staff's recommendation Council granted this as a one-time approval, and directed the applicant to find a permanent solution for future needs. • In December 2014, Staff approved a seven-day tent permit for the site. The tent was erected over the trellis, covering the site's public amenity space, and was fully -enclosed with roll -down walls. After the tent was not removed the matter was directed to Council for review. In January 2015 Council granted the applicant temporary seasonal approval for the tent to be erected on -site through April 15th of the same year. At the hearing Council was clear that this was a one-time approval and that the Applicant should not return to renew this request. • In October 2015 City Council denied the applicant's request to erect this tent on the site for the duration of the winter season. Council was concerned with the tent's use of plastic and canvas materials and questioned the temporary nature of a structure that kept reappearing seasonally. • In December of 2015 City Council granted the applicant an 11-day temporary use approval (December 24, 2015- through January 3, 2016) to erect the tent over the site's public amenity space. • In December of 2016, City Council granted the applicant a 14 day, temporary use approval. The approved days were not required to be used consecutively. The applicant also requested an exterior airlock, which was not approved. • In November of 2017, City Council granted the applicant a 12o-day temporary use approval for a significant portion of the winter season (Resolution 157, Series of 2017). The inclusion of a winter market on Saturdays within the tent structure was an addition to the 2017 request and approval. Page 2 of 4 Since the previous Temporary Use approvals, the Land Use Code has changed, requiring additional design review be included for all proposals that cover Pedestrian Amenity space. CURRENT REQUEST: The applicant is requesting temporary use approval to cover the existing trellis with a grey canvas and plastic covering on the subject site for a period of one hundred and twenty (120) days, to begin on December 15, 2018 and end on April 15, 2019. The covering has been placed on the site's trellis over various durations by the Applicant throughout the past three winter seasons. The temporary covering will be utilized by the restaurant during evening operating hours, and by a winter market on Saturdays/and or Sundays during the late morning and afternoon. STAFF COMMENTS: This Application is the fifth annual request for a covering of the trellis during the winter season at the Grey Lady. The Grey Lady is located in a prominent location at the intersection of the Mill -Street and Hyman Avenue Pedestrian Malls within the Commercial Core Historic District. Staff does not support the request for a temporary enclosure over the trellis structure. A full analysis of the applicable review criteria can be found in Exhibit B. Commercial Design The Grey Lady is in a highly visible location at the intersection of two pedestrian malls within a historic district. The Commercial Core Historic District requires improvements that respect the 19th-century historic context. The trellis covering in years past, and as proposed this year, is essentially a canvas and plastic tent. The materials of the trellis covering do not reinforce the historic context and are not appropriate for this Character Area in the Commercial Design Standards and Guidelines. Furthermore, the tent would cover Pedestrian Amenity space for nearly one-third of the year. Temporary Use While Staff is appreciative of the Applicant's representation that the space would be used as an indoor winter market on Saturdays during the winter season, Staff has recommended in past reviews of this temporary use request that the Applicant should consider pursuing a more permanent solution for their winter operations. This would allow for a design that is cohesive to the existing building, meets the Commercial Design Guidelines, and is constructed of durable, high -quality materials, rather than a temporary tent. GMQS The canvas tent will generate 788 sq. ft. of Net Leasable floor area for one hundred and twenty (120) days of the year. The applicant will be required to pay $5,562.30 (estimate) to mitigate for the covered area. The applicant is required to verify the size of the covered area prior to payment. Figure D. Previously approved temporary cover. Page 3of4 Staff has one additional concern. A condition of last year's approval was that the tent fabric be removed from the trellis following the period of approval. It is staff's understanding that the tent fabric has remained in place until the present. The walls have been rolled up, and view into the space is open, however the ceiling covering the trellis remains in place. While no formal enforcement action has been taken, staff views this as being out of compliance with the terms of last year's approval. Figure E. Current status of pedestrian amenity area. Photo taken 8/15/18. 129 days have passed since the period of the previous approval came to an end. This raises two specific concerns. 1) Under the code limitations, Council can only approve up to 18o days. In total, this tent structure has been up 249 days since December of 2017. 2) Additionally, days beyond the 12o days approved would accrue further GMQS mitigation requirements (estimate: $6,769.22). Because the tent does not meet the applicable criteria within the Commercial Design Standards and Guidelines for the Commercial Core character area and Pedestrian Amenity spaces, and the failure to remove the tent structure following the period of approval, staff is recommending denial of the temporary use request. While staff clearly understands the value of this area to the Grey Lady Restaurant, and that the covered and enclosed condition allows the area to be used year round, the Land Use Code and the Commercial Design Standards and Guidelines were written to reflect the community's desire to generally prohibit, and if allowed, permit only the temporary use of fabric or tent -like enclosures. This is a very prominent location in the CC Historic District and continues to serve as precedent for the many other establishments that may desire this type of "temporary" structure over Pedestrian Amenity spaces. STAFF RECOMMENDATION: Staff recommends denial of the temporary use request. If Council desires to approve the temporary use, the resolution has been worded in the affirmative for another one (1) year approval. PROPOSED MOTION (WORDED IN THE AFFIRMATIVE): "I move to approve Resolution 122, Series of 2018 to allow the erection of a canvas/plastic tent over the public amenity space at 305 S. Mill St. from December 15, 2018 through April 15, 2019." (note: the draft resolution also carries forward conditions from the 2017 approval related to the winter market) Attachments: Exhibit A - Staff Findings (Matrix) Exhibit B - Staff Findings Exhibit C - Application Page 4 of 4 Exhibit B Review Criteria Temporary and Seasonal Uses: Section 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 Response: The proposed tent measures approximately 788 sq. ft. This structure has been erected on the site in the same location for some period over the past four winter seasons, giving Staff and the community the benefit of viewing the structure and its operational characteristics on - site. The proposed tent is adjacent to the indoor commercial space and will cover the outdoor trellis. The tent has been designed from a heavyweight gray canvas with clear plastic windows and sides that can be rolled up. The applicant intends to use the tent as an extension of the indoor heated seating space for the restaurant and for a Saturday winter market. The proposed structures will be highly visible with materials that would not be permitted by Commercial Design Review. The proposed tent will cover the approved public amenity space that was a requirement for the development of the commercial building on the site. In 2013, a former tenant of the space received approval from HPC (via Resolution No. 15, Series of 2013) to construct a wooden trellis over the public amenity space as a shade structure. Reviews included Minor Development Review and View Plane approval. The approval was granted in part on the trellis' design - spaced wooden posts with no sides. The tent in the current proposal covers this light, airy structure with solid, opaque fabric which represents an increase in the commercial space of the restaurant using a material that would not be permitted as a permanent structure within the historic Commercial district. Temporary structures of this nature are considered by Staff for short-term approval (7 days); however, overall they are found to detract from the permanent architecture of the historic Commercial Core district, and therefore are not supported for longer periods of time. Staff finds this criterion to not be met. B. The compatibility of the proposed temporary use with the character, density and use of structures and uses in the immediate vicinity. StaffResponse: The proposed tent will increase the commercial space of the Grey Lady restaurant. A restaurant is compatible with the character of the Commercial Core zone district and its historic overlay. However, as mentioned previously, the covered space is intended as public amenity space for the parcel, and in this sense, is incompatible with the approved use for this area of the site. The Code requires Pedestrian Amenity spaces to be open to the sky, open to view, and to contribute to an active street vitality. The closed sides of the tent create a private space 1 that is neither open to the sky, nor contributing to the vitality of the area. Canvas and plastic structures are not materials that would be approved through Commercial Design review, and are out of character with the surrounding architecture. Staff finds this criterion to not be met. C. The impacts of the proposed temporary use on pedestrian and vehicular traffic and traffic patterns, municipal services, noise levels and neighborhood character. Staff Response: The proposed structures will be located on private property adjacent to the S. Mill St. pedestrian mall and E. Hyman Ave. Staff does not anticipate any impacts on pedestrian or traffic patterns, or on municipal services. Noise levels may increase in this particular area since the tent is made of fabric and not a permanent structure; however, the structure is generally compatible with the nature of commercial businesses in the surrounding area. The City's noise ordinances will continue to apply. Staff finds these types of temporary structures negatively impact the neighborhood character, particularly when usedfor a longer period of time (more than seven days). Staff has worked with business owners to eradicate these temporary structures on other properties, from airlocks to awnings with sides, and encourages permanent solutions. The Commercial Core is a historic district and all buildings and structures are required to pass a heightened review process involving commercial design guidelines and historic preservation review. This fabric and plastic structure does not fit with the character of the district, particularly for a use that is greater than a short (one week) duration. Staff finds this criterion to not be met. 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 Response: The Applicant is proposing to maintain the tent on the site for a period of one hundred twenty (120) days -from December 15, 2018 through April 15, 2019. The applicant has requested and received temporary use approval for the tent on this site starting in 2013. It is important to note that a request for the duration of the winter season was denied in 2015, but approved during 2017. The history of requests is as follows. In 2013 City Council granted a former restaurant owner of the subject location seasonal temporary use approval for a temporary custom fabric airlock from January through March of the same year. At Staff's recommendation Council granted this as a one-time approval, and directed the applicant to find a permanent solution for facture needs. • In December 2014, Staff approved a seven-day tent permit for the site. The tent was erected over the trellis, covering the site's public amenity space, and was fully -enclosed with roll - down walls. After the tent was not removed the matter was directed to Council for review. • In January, 2015 Council granted the applicant temporary seasonal approval for the tent to be erected on -site through April 15rh of the same year. At the hearing Council was clear that this was a one-time approval and that the Applicant should not return to renew this request. • In October of 2015, City Council denied the applicant's request to erect this tent on the site for the duration of the winter season. Council was concerned with the tent's use of plastic and canvas materials and questioned the temporary nature of a structure that kept reappearing seasonally. • In December of 2015 City Council granted the applicant an 11-day temporary use approval (December 24, 2015- through January 3, 2016) to erect the tent over the site's public amenity space. • In December of 2016 City Council granted the applicant a 14-day temporary use approval (December 24, 2016 - through January 4, 2017) to erect the tent over the site's public amenity space. • In November of 2017, City Council granted the applicant a 120-day temporary use approval for a significant portion of the winter season. (Resolution No. 157, Series of 2017). The inclusion of a winter market on Saturdays within the tent structure was an addition to the 2017 request and approval. E. The purposes and intent of the zone district in which the temporary use is proposed. Staff Response: The purpose of the Commercial Core (CC) Zone District is to allow the use of land for retail, service commercial, recreation 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. This mix of uses is to encourage a high level of vitality throughout this district. Restaurant use fits the purpose of the zone district. Staff finds this criterion to be met. 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 Response: The use of the tent as an extension of the restaurant is in itself not an incompatible use within the zone district. However, these types of temporary structures (fabric/plastic tents, airlocks, etc.) have been generally disallowed in the Commercial and Commercial Core zone districts. Staff encourages the applicant to explore a permanent solution to this issue of outdoor seating during the winter season. Staff finds this criterion to not be met. G. How the proposed temporary use will enhance or diminish the general public health, safety or welfare. Staff Response: The proposed tent over the outdoor space will allow patrons of the Grey Lady restaurant to use the outdoor dining area during the cold weather months. The applicant has indicated that this space will continue to be used as a Saturday winter market. Staff finds this criterion to be met. Growth Management Quota System: 26.470.040.I; Temporary uses and structures. The development of a temporary use ore structure shall be exempt from growth management, subject to the provisions of Chapter 26.450, Temporary and Seasonal Uses. Temporary external airlocks shall only be exempt from the provisions of this Chapter if compliant with the applicable sections of Commercial Design Review — Chapter 26.412, and approved pursuant to Chapter 26.450 Temporary and Seasonal Uses. Tents, external airlocks, and similar temporary or seasonal enclosures located on commercial properties and supporting commercial uses shall only be exempt from the provision of this Chapter, including affordable housing mitigation requirements, if compliant with the applicable sections of Commercial Design Review — Chapter 26.412, if erected for 7 consecutive days or less in a 12-month period, and approved pursuant to Chapter 26.450 — Temporary and Seasonal Uses. Erection of these enclosures for longer than 7 consecutive days in a 12-month period shall require compliance with the Commercial Design Review — Chapter 26.412, and compliance with the provisions of this Chapter including affordable housing mitigation. Staff Response: The applicant is requesting a 120-day temporary use approval, requiring compliance with Commercial Design Guidelines (below), and affordable housing mitigation. Staff has calculated the appropriate affordable housing mitigation for 106 days (less the 14 day exemption) as $5,562.30 for the proposed use. This figure was calculated using updated cash -in - lieu figures for Category 4 and the methodology described in 26.470.090.1 Temporary Uses and Structures. Commercial Design Guidelines: Commercial Core Historic District NOTE: Responses are only for the applicable review criteria for this project. 1.23 Building materials shall have these features: • Convey the quality and range of materials found in the current block context or seen historically in the Character Area. • Convey pedestrian scale. • Enhance visual interest through texture, application, and/or dimension. • Be non -reflective. Shiny or glossy materials are not appropriate as a primary material. • Have proven durability and weathering characteristics within Aspen's climate. • A material with an integral color shall be a neutral color. Some variation is allowed for secondary materials. Staff Response: The applicant is proposing two structures made fi°om canvas and plastic materials. These are not high quality materials typically found within the district. These are not a part of the block context nor are they seen historically in the area. The tent is appropriately scaled and generally non -reflective. As a temporary material, it does not have proven durability nor weathering characteristics suitable for a mountain climate. The tent is grey, which is a suitable neutral color. Staff finds this criterion to not be met. 4 1.24 Introducing a new material, material application, or material finish to the existing streetscape may be approved by HPC or P&Z if the following criteria are met: • Innovative building design • Creative material application that positively contributes to the streetscape. • Environmentally sustainable building practice. • Proven durability Staff Response: The proposed material is not considered to be an innovative design nor a creative material that provides a positive contribution to the street scape. The canvas and plastic materials do not comply with any energy efficient building codes because they are temporary materials. As such, they are not durable because they are not intended for permanent structures. Staff finds this criterion to not be met. 2.14 Architectural details should reinforce historic context and meet at least two of the following qualities. • Color or finish traditionally found downtown. • Texture to create visual interest, especially for larger buildings. • Traditional material: Brick, stone, metal and wood. • Traditional application: for example, a running bond for masonry. Staff Response: Canvas and plastic are not traditionally found downtown, nor are they traditional material. There is no traditional application of said materials. The tent is grey, which is occasionally found downtown. Staff finds this criterion to not be met. 4 Exhibit B Review Criteria Temporary and Seasonal Uses: Section 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 Response: The proposed tent measures approximately 788 sq. ft. This structure has been erected on the site in the same location for some period over the past four winter seasons, giving Staff and the community the benefit of viewing the structure and its operational characteristics on - site. The proposed tent is adjacent to the indoor commercial space and will cover the outdoor trellis. The tent has been designed from a heavyweight gray canvas with clear plastic windows and sides that can be rolled up. The applicant intends to use the tent as an extension of the indoor heated seating space for the restaurant and for a Saturday winter market. The proposed structures will be highly visible with materials that would not be permitted by Commercial Design Review. The proposed tent will cover the approved public amenity space that was a requirement for the development of the commercial building on the site. In 2013, a former tenant of the space received approval from HPC (via Resolution No. 15, Series of 2013) to construct a wooden trellis over the public amenity space as a shade structure. Reviews included Minor Development Review and View Plane approval. The approval was granted in part on the trellis' design - spaced wooden posts with no sides. The tent in the current proposal covers this light, airy structure with solid, opaque fabric which represents an increase in the commercial space of the restaurant using a material that would not be permitted as a permanent structure within the historic Commercial district. Temporary structures of this nature are considered by Staff for short-term approval (7 days); however, overall they are found to detract from the permanent architecture of the historic Commercial Core district, and therefore are not supported for longer periods of time. Staff finds this criterion to not be met. B. The compatibility of the proposed temporary use with the character, density and use of structures and uses in the immediate vicinity. Staff Response: The proposed tent will increase the commercial space of the Grey Lady restaurant. A restaurant is compatible with the character of the Commercial Core zone district and its historic overlay. However, as mentioned previously, the covered space is intended as public amenity space for the parcel, and in this sense, is incompatible with the approved use for this area of the site. The Code requires Pedestrian Amenity spaces to be open to the sky, open to view, and to contribute to an active street vitality. The closed sides of the tent create a private space that is neither open to the sky, nor contributing to the vitality of the area. Canvas and plastic structures are not materials that would be approved through Commercial Design review, and are out of character with the surrounding architecture. Staff finds this criterion to not be met. C. The impacts of the proposed temporary use on pedestrian and vehicular traffic and traffic patterns, municipal services, noise levels and neighborhood character. Staff Response: The proposed structures will be located on private property adjacent to the S. Mill St. pedestrian mall and E. Hyman Ave. Staff does not anticipate any impacts on pedestrian or traffic patterns, or on municipal services. Noise levels may increase in this particular area since the tent is made of fabric and not a permanent structure; however, the structure is generally compatible with the nature of commercial businesses in the surrounding area. The City's noise ordinances will continue to apply. Staff finds these types of temporary structures negatively impact the neighborhood character, particularly when used for a longer period of time (more than seven days). Staff has worked with business owners to eradicate these temporary structures on other properties, from airlocks to awnings with sides, and encourages permanent solutions. The Commercial Core is a historic district and all buildings and structures are required to pass a heightened review process involving commercial design guidelines and historic preservation review. This fabric and plastic structure does not fit with the character of the district, particularly for a use that is greater than a short (one week) duration. Staff finds this criterion to not be met. 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 Response: The Applicant is proposing to maintain the tent on the site for a period of one hundred twenty (120) days -from December 15, 2018 through April 15, 2019. The applicant has requested and received temporary use approval for the tent on this site starting in 2013. It is important to note that a request for the duration of the winter season was denied in 2015, but approved during 2017. The history of requests is as follows. • In 2013 City Council granted a former restaurant owner of the subject location seasonal temporary use approval for a temporary custom fabric airlock from January through March of the same year. At Staffs recommendation Council granted this as a one-time approval, and directed the applicant to find a permanent solution for future needs. • In December 2014, Staff approved a seven-day tent permit for the site. The tent was erected over the trellis, covering the site's public amenity space, and was filly -enclosed with roll - down walls. After the tent was not removed the matter was directed to Council for review. • In January, 2015 Council granted the applicant temporary seasonal approval for the tent to be erected on -site through April 15'h of the same year. At the hearing Council was clear that this was a one-time approval and that the Applicant should not return to renew this request. 2 • In October of 2015, City Council denied the applicant's request to erect this tent on the site for the duration of the winter season. Council was concerned with the tent's use of plastic and canvas materials and questioned the temporary nature of a structure that kept reappearing seasonally. • In December of 2015 City Council granted the applicant an 11-day temporary use approval (December 24, 2015- through January 3, 2016) to erect the tent over the site's public amenity space. • In December of 2016 City Council granted the applicant a 14-day temporary use approval (December 24, 2016 - through January 4, 2017) to erect the tent over the site 's public amenity space. • In November of 2017, City Council granted the applicant a 120-day temporary use approval for a significant portion of the winter season. (Resolution No. 157, Series of 2017). The inclusion of a winter market on Saturdays within the tent structure was an addition to the 2017 request and approval. E. The purposes and intent of the zone district in which the temporary use is proposed. Staff Response: The purpose ,of the Commercial Core (CC) Zone District is to allow the use of land for retail, service commercial, recreation 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. This mix of uses is to encourage a high level of vitality throughout this district. Restaurant use fits the purpose of the zone district. Staff finds this criterion to be met. 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 Response: The use of the tent as an extension of the restaurant is in itself not an incompatible use within the zone district. However, these types of temporary structures (fabric/plastic tents, airlocks, etc.) have been generally disallowed in the Commercial and Commercial Core zone districts. Staff encourages the applicant to explore a permanent solution to this issue of outdoor seating during the winter season. Staff finds this criterion to not be met. G. How the proposed temporary use will enhance or diminish the general public health, safety or welfare. Staff Response: The proposed tent over the outdoor space will allow patrons of the Grey Lady restaurant to use the outdoor dining area during the cold weather months. The applicant has indicated that this space will continue to be used as a Saturday winter market. Staff finds this criterion to be met. 3 Growth Management Quota System: 26.470.040.I; Temporary uses and structures. The development of a temporary use ore structure shall be exempt from growth management, subject to the provisions of Chapter 26.450, Temporary and Seasonal Uses. Temporary external airlocks shall only be exempt from the provisions of this Chapter if compliant with the applicable sections of Commercial Design Review — Chapter 26.412, and approved pursuant to Chapter 26.450 Temporary and Seasonal Uses. Tents, external airlocks, and similar temporary or seasonal enclosures located on commercial properties and supporting commercial uses shall only be exempt from the provision of this Chapter, including affordable housing mitigation requirements, if compliant with the applicable sections of Commercial Design Review — Chapter 26.412, if erected for 7 consecutive days or less in a 12-month period, and approved pursuant to Chapter 26.450 — Temporary and Seasonal Uses. Erection of these enclosures for longer than 7 consecutive days in a 12-month period shall require compliance with the Commercial Design Review — Chapter 26.412, and compliance with the provisions of this Chapter including affordable housing mitigation. Staff Response: The applicant is requesting a 120-day temporary use approval, requiring compliance with Commercial Design Guidelines (below), and affordable housing mitigation. Staff has calculated the appropriate affordable housing mitigation for 106 days (less the 14 day exemption) as $5,562.30 for the proposed use. This figure was calculated using updated cash -in - lieu figures for Category 4 and the methodology described in 26.470.090j; Temporary Uses and Structures. Commercial Design Guidelines: Commercial Core Historic District NOTE: Responses are only for the applicable review criteria for this project. 1.23 Building materials shall have these features: • Convey the quality and range of materials found in the current block context or seen historically in the Character Area. • Convey pedestrian scale. • Enhance visual interest through texture, application, and/or dimension. • Be non -reflective. Shiny or glossy materials are not appropriate as a primary material. • Have proven durability and weathering characteristics within Aspen's climate. • A material with an integral color shall be a neutral color. Some variation is allowed for secondary materials. Staff Response: The applicant is proposing two structures made fi^om canvas and plastic materials. These are not high duality materials typically found within the district. These are not apart of the block context nor are they seen historically in the area. The tent is appropriately scaled and generally non -reflective. As a temporary material, it does not have proven durability nor weathering characteristics suitable for a mountain climate. The tent is grey, which is a suitable neutral color. Staff finds this criterion to not be met. 4 1.24 Introducing a new material, material application, or material finish to the existing streetscape may be approved by HPC or P&Z if the following criteria are met: • Innovative building design • Creative material application that positively contributes to the streetscape. • Environmentally sustainable building practice. • Proven durability Staff Response: The proposed material is not considered to be an innovative design nor a creative material that provides a positive contribution to the street scape. The canvas and plastic materials do not comply with any energy efficient building codes because they are temporary materials. As such, they are not durable because they are not intended for permanent structures. Staff finds this criterion to not be met. 2.14 Architectural details should reinforce historic context and meet at least two of the following qualities. • Color or finish traditionally found downtown. • Texture to create visual interest, especially for larger buildings. • Traditional material: Brick, stone, metal and wood. • Traditional application: for example, a running bond for masonry. Staff Response: Canvas and plastic are not traditionally found downtown, nor are they traditional material. There is no traditional application of said materials. The tent is grey, which is occasionally found downtown. Staff finds this criterion to not be met. 4 ■I f Staff Review Criteria - Matrix Review Criteria for 305 S. Mill Street - Temporary and Seasonal Use Review The applicant is requesting Temporary Use Approval for a fabric and clear plastic enclosure over Pedestrian Amenity space for one -hundred and twenty (120) days during the 2018-2019 winter season. The application must satisfy the review criteria for the Temporary and Seasonal Use Section 26.450.030 When considering a development application for a temporary use or an insubstantial temporary use, the Community Development DOES Director or City Council shall consider, among MET NOT MET NOT other pertinent factors, the following criteria as APPLY they or any of them, relate thereto: A. The location, size, design, operating characteristics and visual impacts of the proposed • use B. The compatibility of the proposed temporary use with the character, density and use of structures and uses in the immediate vicinity. C. The impacts of the proposed temporary use on pedestrian and vehicular traffic and traffic patterns, municipal services, noise levels and neighborhood character. 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. E. The purposes and intent of the zone district in which the temporary use is proposed AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304:060 (E), .ASPEN LAND USE CODE ADDRESS OF PROPERTY: Aspen, CO SCHEDULED PUBLIC HEARING DATE: �A�q� A!tN- 2. 2014K' STATE OF COLORADO } . } ss. County of Pitk* ) I, (name, please pant) being or repres nting an Applicant to the' Ci of .Aspen, Colorado, hereby •per8onally certify that 11ave complied with the public noi:lce requirements of Section 26.304.060 (B) of the Aspen Land Use Code in the following manner; Ul__ Publication o notice: $ the publication in the legal notice section of an official f y p � paper or a paper of general circulation i ' the City of Aspen at least fifteen (i 5) 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 (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, whicla 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 US-.- mail to all owners of property within three hundred (3 00)' feet of the ::=p�r�pex%:,sgliect 't the development application. The names and addresses of ro '0. o a, M'sf all be those on the cur.Tent tax records of Pit1d County as they ::�?... o: ?ore than sixty (60) days prior to the date of the public hearing. A . copy of the' oivrier^ 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 bearing on the application of development. The names and addresses of mineral estate- owners shall be those on the current tax records of Pitldn County. At a minimum, Subdivisions, SPAs or PUDs that create more than one lot, new Planned Unit Developments, and. new Specially Plumed 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 neap 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 foregoing "Affidavit of Notice" was acknowledged before me this `I day of , ti_ _ , 20L if , by- VnTNE S S MY HAND AND OFFICIAL SEAL My commission expires: Wary Vablic B69 KAREN� REED PATTERSON NOTARY PUBLIC ATTACHMENTS AS APPLIC LE • STATE OF COLORADO NOTARY iD #4 ®9H4t142�'67 PVBLICATIO.N My Commission Ex s IrebtUO8 150 2020 I OTDF POST D NOTICE (S F` IG JI]VERSAAD GOVER"ENTAL.AG.EN IES.NOTICED • APPLICANT CL.RTIPICATION O.F MVVERAL LSTAE OYWNERS NOTICE AS R EQ URED BY C..R. S. §24-65 5-103. 3 M�1�GN��51�1 00") Land Use Appllic ation eTe ermincofflon of CompIleteness Date: July 6, 2018 Dear City of Aspen Land Use Review Applicant, RECEIVED JUL 0 6 2018 17 COOPk1ENT We have received your land use application for 305 N. Mill, Temporary Use and have reviewed it for completeness (and not compliance). Your Land Use Appllic aflon is complete: Please submit the following to begin the land use review process. 1) Digital pdf of the entire application (via thumb drive, emailed files, or file sharing) 2) Review deposit of $1,300.00 (to be billed hourly). 3) One additional hard copy of the application. 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. T You, Qnnifer Ph e a , Deputy Planning Director City of Asp Community Development Department For Office Use Only: Mineral Rights Notice Required Yes No -",A GMQS Allotments Yes No� Qualifying Applications: New PD Subdivision, or PD (creating more than 1 additional lot) Residential Affordable Housing Commercial E.P.F. Lodging 130 SOUth (Salem Street Aspen, CO 8€511-1975' € R 970.920,5000 1 970.920.5197 1 c€tYofaspen.coni AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 5 • , Aspen, CO SCHEDULED PUBLIC HEARING DATE: A�� 2-1 , 20(F�r STATE OF COLORADO ) ss. County of Pitkin ) I, (name, please print) being or repres nting an Applicant to the Ci 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: Publication o notice: B the publication in the legal notice secti a official f y p g on.of n offi I l 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 (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 ' roperty,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 a�eared no more than sixty (60) days prior to the date of the public hearing. A copy of the`oivners 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 (3 0) 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. Signature The foregoing "Affidavit of Notice" was acknowledged before me this day of '/ , 20t r, by - NOTICE OF PUBLIC HEARING WITNESS MY HAND AND OFFICIAL SEAL RE: 306 S. Mill (Grey Lady) Public Hearing: Monday, August 27, 2018 Meeting 'Location: City Hail, City Council Cham- bers 130 S. Galena St„ Aspen, CO 81611 My commission expires: Project Location- Grey Lady, 305 S. Mill St. Legal Description: Units A, B, and C, ASPEN COMMERCIAL ONDOMINiUM, according to the Condominium Map thereof recordedNovember 6, 1974 in Plat Book 4 at Page 499 and as defined and t-zN im Z described in the Condominium Declaration for the Aspen Commercial Condominium recorded Novem- ber 7, 1974 in Book 293 at Page 61, City and Town site of Aspen, County of Pitkin, State of Colorado,' PID #2737-182-17-802. Description:The applicant requests approval to en- close a patio/pedestrian amenity space with a tem- porary fabric enclosure for the winter season. This temporary use has been previously approved. Land Use Reviews: Growth Management, Tempo- rar uses and structures; Temporary and Seasonal NOTARY PUBLIC Uses; and Commercial Design ReviewSTATE Decision Making Body: City Council ATTACHMENTS AS APPLIC LE: Applicant: Ryan Chadwick, 426 E. Hyman Ave, NOTARY PUBLICATION ' 1 11,301;More Aspen,COi $16F Y Commission.- n r :More Information: For further information related � t 2020 Asp n Commun ty De a opAnderson Department, 13 of OF THE POSTED NOTICE (►SIG ben.anders ns�cyofaspen0}o4, Galena St., m29.2765 ' OWNERS AND GOVERNMENTAL AGENCIES NOTICED Published in the Aspen Times Weekly August 9, 2018. 0000286775 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; /l Aspen, CO SCHEDULED PUBLIC HEARING DATE: s� �2 - , 20 f 1 STATE OF COLORADO County of Pitkin ss. I _L L name print) � (name, P p ) being or representing 4 n Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (h,) of the Aspen Land Use Code in the following mariner: �l 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. cf nofic:� Ry hosting of notice, which form was obtained from the Community Development Department, which was made of suitabie, v;- «Leprz;; t materials, which was tiot 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 ���i�1 , 20 l to and including the date and time of the public hearing 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) KECEVVED AUG 16 2018 CITY OF ASS PEN COWIMPTY DEVELOPMENT 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. /V 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. Signature t✓ L, The foregoing "Affidavit of Notice" was acknowledged bef re me this day of L t ' &5+ , 20 1 Y , by rj kt WITNESS MY HAND AND OFFICIAL SEAL KYLE STEWART My commission expi L 7 00z0 NOTARY PUBLIC STATE OF COLORADO NOTARY IQ #20174046196 1�y? mssiw Expires November 7, 2021. No Public ATTACHMENTS AS APPLICABLE: • COPYOF THE PUBLICATION • PHOTOGRAPH OF THE POSTED NOTICE (SIGN) • LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BYMAIL • APPLICANT CERTIFICATION OF MINERAL ESTATE OWNERS NOTICE AS REQUIRED BY C.R.S. §24-65.5-103.3 RIECEP41"�B`;' AUG 16 2018 CITY OF ASPEN CQI STY DE LW- NT s PUBLIC NOTICE Date: A€i s! Zl, 20tL 8 x :S.L1(l PKI. Place; 130 S. Galena St. City .. Naif Counci Chan3be;s.:.. Purpose: Fly n Chadwick, 426E Hy pan Ave.. _. �?3C3if As Wn., CO 81,611 i5 req estin Cit, Gcuncr t--ip roval ofa ternoor ary use (for the winter season) of ti fabric enc osure of ttie patio al theG:;ey Lady, 3C�G lUili St i ar further information contact keen ........ Anderson with Gjty of Asps F _. Community Develop -rent at __. J70.42° 2765 Y y -SPE RT 415 EAST HYMAN AVE LLC LIMELIGHT SUB/PUD WHEELER SQUARE - CASPER FAMILY LLC PO BOX 4068 E HYMAN AVE 315 E HYMAN ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81611 PROSPECTOR FRACTIONAL OWNERS ASSO 301 E HYMAN AVE #108 ASPEN, CO 81611 WHEELER SQUARE - CASPER FAMILY LLC 315 E HYMAN ASPEN, CO 81611 400 HYMAN LLC 1010 E HYMAN AVE ASPEN, CO 816112118 ASPEN GOLDEN HORN LLC 9420 WILSHIRE BLVD 4TH FL BEVERLY HILLS, CA 90212 401 HYMAN AVENUE LLC 1435 LAWRENCE LN NORTHBROOK, IL 60062 COLORADO MOUNTAIN NEWS MEDIA CO 580 MALLORY WY CARSON CITY, NV 89701 NORTON LLC 101 PLAZA REAL SOUTH #205-S BOCA RATON, FL 33432 407 HYMAN LLC 51027 HWY 6 & 24 #100 GLENWOOD SPRINGS, CO 81601 WHEELER SQUARE - CASPER FAMILY LLC 315 E HYMAN ASPEN, CO 81611 BARNETT FYRWALD HOLDINGS INC 2222 COTTONDALE LN #200 LITTLE ROCK, AR 722022017 COLLINS BLOCK LLC 205 S GALENA ST ASPEN, CO 81611 WHEELER SQUARE - CASPER FAMILY LLC 315 E HYMAN ASPEN, CO 81611 COLLINS BLOCK LLC 205 S GALENA ST ASPEN, CO 81611 COTTONWOOD VENTURES II LLC 300 CRESCENT CT 4850 DALLAS, TX 75201 WHEELER SQUARE - CASPER FAMILY LLC 315 E HYMAN ASPEN, CO 81611 KANDYCOM INC 766 SINGING WOOD DR ARCADIA, CA 91006 ASPEN SKIING COMPANY LLC SILVER SLAM COMMERCIAL LLC PO BOX 1248 RECEIVEO COLUMBUS CIR ASPEN, CO 81612 NEW YORK, NY 10023 AUG 16 2018 GI r Y OF ASPEN CVfiiFrla.�T)1 KATIE REED BUILDING LLC 407 S HUNTER ST #3 ASPEN, CO 81611 SILVER SLAM COMMERCIAL LLC 60 COLUMBUS CIR NEW YORK, NY 10023 THOR 228 S MILL ST LLC 1000 WILSON BLVD 42100 ARLINGTON, VA 22209 COLLINS BLOCK LLC 205 S GALENA ST ASPEN, CO 81611 PROSPECTOR FRACTIONAL OWNERS ASSO 301 E HYMAN AVE #108 ASPEN, CO 81611 PROSPECTOR FRACTIONAL OWNERS ASSO 301 E HYMAN AVE #108 ASPEN, CO 81611 DOWNTOWN 420 LLC 23622 CALABASAS RD #200 CALABASAS, CA 91302 F & M VENTURES LLC 415 E HYMAN AVE ASPEN, CO 81611 PROSPECTOR FRACTIONAL OWNERS ASSO 301 E HYMAN AVE #108 ASPEN, CO 81611 WHEELER SQUARE - CASPER FAMILY LLC ROARING FORK CONDOS ASSOC F & M VENTURES LLC 315 E HYMAN COMMON AREA 415 E HYMAN AVE ASPEN, CO 81611 415 E HYMAN AVE ASPEN, CO 81611 ASPEN, CO 81611 COLLINS BLOCK LLC 205 S GALENA ST ASPEN, CO 81611 COTTONWOOD VENTURES II LLC 300 CRESCENT CT #850 DALLAS, TX 75201 SILVER SLAM COMMERCIAL LLC 60 COLUMBUS CIR NEW YORK, NY 10023 WHEELER SQUARE - CASPER FAMILY LLC 315 E HYMAN ASPEN, CO 81611 VALLEY INVESTMENTS LLC 602 E COOPER #202 ASPEN, CO 81611 FIERCELY LOCAL PO BOX 8970 ASPEN, CO 81612 ASPEN GOLDEN HORN LLC 9420 WILSHIRE BLVD 4TH FL BEVERLY HILLS, CA 90212 WHEELER SQUARE - CASPER FAMILY LLC 315 E HYMAN ASPEN, CO 81611 F & M VENTURES LLC 415 E HYMAN AVE ASPEN, CO 81611 419 EAST HYMAN AVENUE LLC 2001 NORTH HALSTED # 304 CHICAGO, IL 60614 400 BUILDING LLC 306 N PLAZA REAL BOCA RATON, FL 33432-3933 KATIE REED PLAZA CONDO ASSOC 301 E HOPKINS AVE ASPEN, CO 81611 ELK MOUNTAIN HOSPITALITY LLC 371 MARKET ST BASALT, CO 81621 PROSPECTOR FRACTIONAL OWNERS ASSO 301 E HYMAN AVE #108 ASPEN, CO 81611 F & M VENTURES LLC 415 E HYMAN AVE ASPEN, CO 81611 DOWNTOWN 420 LLC 23622 CALABASAS RD 4200 CALABASAS, CA 91302 PROSPECTOR FRACTIONAL OWNERS ASSO 301 E HYMAN AVE #108 ASPEN, CO 81611 RUBEY PARK LLC 400 E MAIN ST ASPEN, CO 8161'1 F & M VENTURES LLC 415 E HYMAN AVE ASPEN, CO 81611 PARAGON PENTHOUSE LLC 9950 SANTA MONICA BLVD BEVERLY HILLS, CA 90212 COLLINS BLOCK LLC 205 S GALENA ST ASPEN, CO 81611 314 HEXAGON LLC 9401 INDIAN CREEK PKWY STE 800 OVERLAND PARK, KS 66210 COLLINS BLOCK LLC 205 S GALENA ST ASPEN, CO 81611 KATIE REED BUILDING LLC 407 S HUNTER ST #3 ASPEN, CO 81611 PROSPECTOR FRACTIONAL OWNERS ASSO CITY OF ASPEN RECEIVED WHEELER E HYMANSQUARE - CASPER FAMILY LLC 301 E HYMAN AVE #108 130 S GALENA ST ASPEN, CO 81611 ASPEN, CO 81611 AUG 16 2018 ASPEN, CO 81611 CITY OF ASPEN DML ENT COLLINS BLOCK LLC F & M VENTURES LLC MOTHER LODE CONDO ASSOC 205 S GALENA ST 415 E HYMAN AVE COMMON AREA ASPEN, CO 81611 ASPEN, CO 81611 314 E HYMAN AVE ASPEN, CO 81611 MOTHER LODE CONDO ASSOC INC F & M VENTURES LLC KANTZER TAYLOR FAM TRST #1 9401 INDIAN CREEK PKWY STE 800 415 E HYMAN AVE 216 SEVENTEENTH ST OVERLAND PARK, KS 66210 ASPEN, CO 81611 MANHATTAN BEACH, CA 90266 PARAGON BUILDING CONDO ASSOC KATIE REED BUILDING LLC KATIE REED BUILDING LLC COMMON AREA 407 S HUNTER ST #3 407 S HUNTER ST #3 419 E HYMAN AVE ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 PROSPECTOR FRACTIONAL OWNERS ASSO 400 BUILDING LLC DOWNTOWN 420 LLC 301 E HYMAN AVE #108 306 N PLAZA REAL 23622 CALABASAS RD #200 ASPEN, CO 81611 BOCA RATON, FL 33432-3933 CALABASAS, CA 91302 KAUFMAN GIDEON I COLLINS BLOCK LLC PEYTON MARI 315 E HYMAN AVE STE 305 205 S GALENA ST 409 E COOPER #4 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 DOWNTOWN 420 LLC DOLE MARGARET M KAUFMAN GIDEON 1 23622 CALABASAS RD #200 400 E HYMAN AVE #302 315 E HYMAN AVE #305 CALABASAS, CA 91302 ASPEN, CO 816111989 ASPEN, CO 81611 PROSPECTOR FRACTIONAL OWNERS ASSO MOTHER LODE CONDO ASSOC INC KATIE REED BUILDING LLC 301 E HYMAN AVE #108 9401 INDIAN CREEK PKWY STE 800 407 S HUNTER ST #3 ASPEN, CO 81611 OVERLAND PARK, KS 66210 ASPEN, CO 81611 GORSUCH COOPER LLC KATIE REED BUILDING LLC 305-7 MILL STREET LLC 263 E GORE CREEK DR 407 S HUNTER ST #3 2001 NORTH HALSTED #304 VAIL, CO 81657 ASPEN, CO 81611 CHICAGO, IL 60614 DUVIKE CONDO ASSOC SILVER SLAM COMMERCIAL LLC F & M VENTURES LLC COMMON AREA 60 COLUMBUS CIR 415 E HYMAN AVE 420 E HYMAN AVE NEW YORK, NY 10023 ASPEN, CO 81611 ASPEN, CO 81611 VALLEY INVESTMENTS LLC 400 EAST HYMAN LLC MTN ENTERPRISES 80B 602 E COOPER #202 400 E HYMAN AVE # A20 O BOX 5739 ASPEN, CO 81611 ASPEN CO 81611 3 EAGLE CO 816315739 AUG 16 2018 CITY OF ASPEN C0►M7vm Syj'TY CEVELOENT KATIE REED BUILDING LLC COLLINS BLOCK CONDO ASSOC VALLEY INVESTMENTS LLC 407 S HUNTER ST #3 COMMON AREA 602 E COOPER #202 ASPEN, CO 81611 204 S MILL ST ASPEN, CO 81611 ASPEN, CO 81611 WHEELER SQUARE - CASPER FAMILY LLC VALLEY INVESTMENTS LLC PROSPECTOR FRACTIONAL OWNERS ASSO 315 E HYMAN 602 E COOPER #202 301 E HYMAN AVE #108 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 PROSPECTOR FRACTIONAL OWNERS ASSO COTTONWOOD VENTURES I LLC 434 EAST COOPER AVENUE LLC 301 E HYMAN AVE #108 419 E HYMAN AVE 2001 N HALSTED STE 304 ASPEN, CO 81611 ASPEN, CO 81611 CHICAGO, IL 60614 KATIE REED BUILDING LLC RUBEY PARK LLC 314-PH HEXAGON LLC 407 S HUNTER ST #3 400 E MAIN ST 9401 INDIAN CREEK PKWY STE 800 ASPEN, CO 81611 ASPEN, CO 81611 OVERLAND PARK, KS 66210 F & M VENTURES LLC WENDELIN ASSOC WHEELER SQUARE - CASPER FAMILY LLC 415 E HYMAN AVE 1173 PITTSFORD VICTOR RD #250 315 E HYMAN ASPEN, CO 81611 PITTSFORD , NY 14534 ASPEN, CO 81611 VALLEY INVESTMENTS LLC ASPEN GOLDEN HORN LLC KATIE REED BUILDING LLC 602 E COOPER #202 9420 WILSHIRE BLVD 4TH FL 407 S HUNTER ST #3 ASPEN, CO 81611 BEVERLY HILLS, CA 90212 ASPEN, CO 81611 WHEELER SQUARE - CASPER FAMILY LLC 426 EAST HYMAN AVE LLC ASPEN COMMERCIAL CONDO ASSOC 315 E HYMAN PO BOX 4068 307 S MILL ST ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81611 COLLINS BLOCK LLC 413 EAST HYMAN AVENUE LLC WHEELER SQUARE - CASPER FAMILY LLC 205 S GALENA ST 2001 NORTH HALSTED #304 315 E HYMAN ASPEN, CO 81611 CHICAGO , IL 60614 ASPEN, CO 81611 PROSPECTOR FRACTIONAL OWNERS ASSO COLLINS BLOCK LLC HUDSON KAREN DAY 301 E HYMAN AVE #108 205 S GALENA ST 409 E COOPER AVE ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 COLLINS BLOCK LLC COX ANTHONY E LIVING TRUST KAUFMAN GIDEON 1 205 S GALENA ST 1260 41 ST AVE #O 15 E HYMAN AVE #305 ASPEN, CO 81611 CAPITOLA, CA 95010 RECEIVESPEN CO 81611 AUG 16 2018 CITY OF ASPEN COMWAITY DMORM F & M VENTURES LLC 410 AH LLC KATIE REED BUILDING LLC 415 E HYMAN AVE PO BOX 4068 407 S HUNTER ST #3 ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81611 PROSPECTOR FRACTIONAL OWNERS ASSO WHEELER SQUARE CONDO ASSOC GOLDEN HORN BUILDING CONDO ASSOC 301 E HYMAN AVE #108 315 E HYMAN AVE #305 COMMON AREA ASPEN, CO 81611 ASPEN, CO 81611 400 E COOPER AVE ASPEN, CO 81611 PARAGON PENTHOUSE LLC KATIE REED BUILDING LLC 400 HYMAN LLC 9950 SANTA MONICA BLVD 407 S HUNTER ST #3 PO BOX 351 BEVERLY HILLS, CA 90212 ASPEN, CO 81611 RIFLE, CO 816500351 COLLINS BLOCK LLC RUBEY PARK LLC 414 422 EAST COOPER AVENUE LLC 205 S GALENA ST 400 E MAIN ST 2001 N HALSTED #304 ASPEN, CO 81611 ASPEN, CO 81611 CHICAGO, IL 60614 CARLSON BRUCE E TRUST 400 HYMAN LLC F & M VENTURES LLC PO BOX 3587 PO BOX 351 415 E HYMAN AVE ASPEN, CO 81612 RIFLE, CO 816500351 ASPEN, CO 81611 COLLINS BLOCK LLC GORSUCH COOPER LLC CITY OF ASPEN 205 S GALENA ST 263 E GORE CREEK DR 130 S GALENA ST ASPEN, CO 81611 VAIL, CO 81657 ASPEN, CO 81611 WHITE RIVER HOLDINGS LLC COLLINS BLOCK LLC TOM THUMB BUILDING CONDO ASSOC 415 E HYMAN AVE # 401 205 S GALENA ST 400 E HYMAN AVE ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 KATIE REED BUILDING LLC 305-7 MILL STREET LLC WHEELER SQUARE - CASPER FAMILY LLC 407 S HUNTER ST #3 2001 NORTH HALSTED #304 315 E HYMAN ASPEN, CO 81611 CHICAGO, IL 60614 ASPEN, CO 81611 PROSPECTOR FRACTIONAL OWNERS ASSO 314-200 HEXAGON LLC PROSPECTOR FRACTIONAL OWNERS ASSO 301 E HYMAN AVE #108 9401 INDIAN CREEK PKWY STE 800 301 E HYMAN AVE #108 ASPEN, CO 81611 OVERLAND PARK, KS 66210 ASPEN, CO 81611 KATIE REED BUILDING LLC 400 HYMAN LLC COLLINS BLOCK LLC 407 S HUNTER ST #3 1010 E HYMAN AVE RECEIVF 205 S GALENA ST ASPEN CO 81611 ASPEN CO 816112118 ASPEN, CO 81611 AUG 16 2018 CITY OF ASPEN COM MMY DEWLOPWNT PROSPECTOR FRACTIONAL OWNERS ASSO KAUFMAN GIDEON I F & M VENTURES LLC 301 E HYMAN AVE #108 315 E HYMAN AVE #305 415 E HYMAN AVE ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 WENDELIN ASSOC 1173 PITTSFORD VICTOR RD #250 PITTSFORD, NY 14534 PROSPECTOR FRACTIONAL OWNERS ASSO 301 E HYMAN AVE #108 ASPEN, CO 81611 DOWNTOWN 420 LLC 23622 CALABASAS RD #200 CALABASAS, CA 91302 KATIE REED BUILDING LLC 407 S HUNTER ST #3 ASPEN, CO 81611 PROSPECTOR FRACTIONAL OWNERS ASSO 301 E HYMAN AVE #108 ASPEN, CO 81611 PROSPECTOR FRACTIONAL OWNERS ASSO 301 E HYMAN AVE #108 ASPEN, CO 81611 F & M VENTURES LLC 415 E HYMAN AVE ASPEN, CO 81611 PARK PLACE CONDO ASSOC COMMON AREA 408 S MILL ST ASPEN, CO 81611 WHEELER SQUARE - CASPER FAMILY LLC 315 E HYMAN ASPEN, CO 81611 400 BUILDING LLC 306 N PLAZA REAL BOCA RATON, FL 33432-3933 KATIE REED BUILDING LLC 407 S HUNTER ST #3 ASPEN, CO 81611 419 AH LLC PO BOX 4068 ASPEN, CO 81612 KATIE REED BUILDING LLC 407 S HUNTER ST #3 ASPEN, CO 81611 WHEELER SQUARE - CASPER FAMILY LLC 315 E HYMAN ASPEN, CO 81611 DOWNTOWN 420 LLC 23622 CALABASAS RD #200 CALABASAS, CA 91302 411 EAST HYMAN AVENUE LLC 2001 N HALSTED #304 CHICAGO, IL 60614 COLLINS BLOCK LLC 205 S GALENA ST ASPEN, CO 81611 ASPEN GOLDEN HORN LLC 9420 WILSHIRE BLVD 4TH FL BEVERLY HILLS, CA 90212 419 EAST HYMAN AVENUE LLC 2001 NORTH HALSTED # 304 CHICAGO, IL 60614 312 EAST HYMAN AVENUE LLC 2001 N HALSTED # 304 CHICAGO, IL 60614 DOWNTOWN 420 LLC 23622 CALABASAS RD #200 CALABASAS, CA 91302 COLLINS BLOCK LLC 205 S GALENA ST ASPEN, CO 81611 FOOTLOOSE MOCCASIN MAKERS INC 44 SILVERADO CT CANON CITY, CO 812129484 KATIE REED BUILDING LLC 407 S HUNTER ST #3 ASPEN, CO 81611 WHEELER SQUARE - CASPER FAMILY LLC 315 E HYMAN ASPEN, CO 81611 WENDELIN ASSOC G & K LAND CO LLC 1173 PITTSFORD VICTOR RD # 50 NG 0167 WILLOW LN W ' '�i �6"' PITTSFORD, NY 14534 CARBONDALE, CO 81623 AUG 16 2018 CITY OF ASPEN C%'VJ -9TY D-MLOP T DOWNTOWN 420 LLC COLLINS BLOCK LLC COTTONWOOD VENTURES II LLC 23622 CALABASAS RD #200 205 S GALENA ST 419 E HYMAN AVE CALABASAS, CA 91302 ASPEN, CO 81611 ASPEN, CO 81611 MILL STREET PLAZA ASSOC LLC RUBEY PARK LLC PROSPECTOR FRACTIONAL OWNERS ASSO 602 E COOPER #202 400 E MAIN ST 301 E HYMAN AVE #108 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 WHEELER SQUARE - CASPER FAMILY LLC COLLINS BLOCK LLC KAUFMAN GIDEON 1 315 E HYMAN 205 S GALENA ST 315 E HYMAN AVE #305 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 PROSPECTOR FRACTIONAL OWNERS ASSO 301 E HYMAN AVE #108 ASPEN, CO 81611 RECEIVED AUG 16 2018 CITY OF ASPEN COkV[;Mt)PIENT COMMUNITY• ' DEPARTMENT. ,. J LAND USE APPLICATION, Project Name and Address:_i-��� Parcel ID # (REQUIRED) e 3 APPLICANT: Name: jtf 2-1-Se- Address: /-- l� �0� r�'� rc•- C �� Phone #: '30 � email: REPRESENTIVATIVE: Name: Address: Phone#: email: Description: Existing and Proposed Conditions / C1t)' C OF 8 Asp�4 Review: Administrative or Board Review Required Land Use Review(s): Growth Management Quota System (GMQS) required fields: Net Leasable square footage Lodge Pillows Free Market dwelling units Affordable Housing dwelling units Essential Public Facility square footage Have you included the following? FEES DUE: $ 130-6 Pre -Application Conference Summary Signed Fee Agreement 0 HOA Compliance form All items listed in checklist on PreApplication Conference Summary 1) Floor Area (square feet) 2) Maximum Height 3) Front Setback 4) Rear Setback 5) Side Setbacks 6) Combined Side Setbacks 7) % Site Coverage 8) Minimum distance between buildings Proposed % of demolition NT DEPART(MEfUT DIMENSIONAL REQUIREMENTS FORM t` '�S'P F�l Complete only if required by the PreApplication checklist, Project and Location 00, Applicant: /Z�JV G%� p p di� Zone District: Gross Lot Area: Net Lot Area: "Please refer to section 26.575.020 for information on how to calculate Net Lot Area Please fill out all relevant dimensions Single Family and Duplex Residential Multi -family Residential Existing Allowed Proposed 1) Number of Units 2) Parcel Density (see 26.710.090.C.10) 3) FAR (Floor Area Ratio) 4) Floor Area (square feet) 4) Maximum Height 5) Front Setback 6) Rear Setback 7) Side Setbacks Proposed % of demolition Commercial Lodge Proposed Use(s) Additional Use(s Existing Allowed Proposed 1) FAR (Floor Area Ratio) 2) Floor Area (square feet) 3) Maximum Height 4) Off -Street Parking Spaces 5) Second Tier (square feet) 6) Pedestrian Amenity (square feet) Proposed % of demolition 1) FAR (Floor Area Ratio) 2) Floor Area (square feet) 3) Maximum Height 4) Free Market Residential(square feet) 4) Front setback 5) Rear setback 6) Side setbacks 7) Off -Street Parking Spaces 8) Pedestrian Amenity (square feet) Proposed % of demolition Existing Allowed Proposed Existing Allowed Proposed Existing non -conformities or encroachments: Variations requested: 11� 61 r ECS/ City of Aspen /Ty09 Z� e 18 Land Planners �� ,Asp 6/20/2018 �L� �/V Grey Lady Trellis- 305 South Mill ST, Aspen CO 81611 �T RE: Criteria questions for Temp Use and Affordable housing calculations A. The location, size, design, operating characteristics and visual impacts of the proposed use. The trellis is located at 305 South Mill St. The trellis area is wooden and the area is 788 Sq Ft. We plan .on covering this area with a grey fabric cover. We plan on serving food and drinks under the covered area. B. The compatibility of the proposed temporary use with the character, density and use of structures and uses in the immediate vicinity. The Trellis is already in place and we are covering with a neutral color fabric covering. Similar to wild fig and the faris covering on the wheeler opera house building. C. The impacts of the proposed temporary use on pedestrian and vehicular traffic and traffic patterns, municipal services, noise levels and neighborhood character. No impact and we will be responsible for clearing our area from snow and ice. 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. The duration is from Dec 15,2018 to March 31, 2019. Yes this was approved the last season. E. The purposes and intent of the zone district in which the temporary use is proposed. We are in the commercial core and this will be used for restaurant use. 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. No changes in the zone district area G. How the proposed temporary use will enhance or diminish the general public health, safety or welfare. We are using an otherwise empty snow covered lot, we are offering the space for a farmers market on the weekend for the public to purchase local goods in a heated and protected/covered area. Employee Housing Mitigation for 96 days for 788 sq ft- $4,708.03 lip# P f 19 I0q To: City of Aspen June 18, 2018 RE: Grey Lady Temporary Covered Trellis - 305 S. Mill St, Aspen, CO 81611 Thus written response is an explanation of proposed dates of 120 days and a description of the structure. The proposed dates for the trellis to be covered at 305 S. Mill Street are December 15, 2018 - April 15th 2019. The covering for the trellis is made out of awning material, both black & transparent (windows). The ceiling material is clear and transparent and open to the sky. The . covering's use will not adversely affect pedestrian or vehicular traffic since the space is on a cobblestoned walking mall, nor will the use affect traffic patterns, municipal services or neighborhood character. The use will actually decrease noise levels by making the area enclosed as opposed to open air. Aspen Weekend Winter Market We are actively pursuing weekend vendors for 6-8.6x6 booths inside the trellis area to provide winter vegetables, cheese and other various small businesses. Last season's market was a great success and very well received by the community. We're looking forward to continuing the tradition. Market Operations will be from 9am-4pm and we plan on converting the space for dining use at night for Grey Lady. Respectfully, J Ryan Chadwick Grey Lady Aspen GoogleMap$ 305 S Mill St , I 11f 1% 4:c 19 40 44� <9016) '- ,9 V, I �IOP4,0 z W Ju ij Hofei JLuome, j Utz ;!AONEIDOIRksqrl St MoritiLouqu,'; ZI, Whit,e HSusi;Wetft G j � �� Whitman A& I-ImOlght 3OS South, Mill Street ..Z6 ggy St, ®/%%�j fir„ t tyc ; / Paratl,se Bakery & Cafi Rspen Art Mt _—AVe., ZY , j ., i Frican �y ,: � _ _ D:fl '•,' � Ballpglp a,Speps or ©, r 4 3 . s . £ MMII -jo R "I'lib uttieNell AspenMountain _4 �g 1774/7 FINIOXIIIIII, Map data @2018 GOO& 200 ft 305 S Mill St Aspen, CO 81611 Grey Lady 41 ***** (38) ,- -?$ - Seafood - 306 S Mill St CV) N V L Ccu G N N 0 CD 0 no a 0 LLJ s Lj z wl JULh IVIED 9 2018 "IVED .JUL 0 9 2018� C` .:E'EN uL Vtl�NT 0 C I T Y 0 F P E [t"-4 L� Sri: ")UN 12018 C1 YOFA'N� PE torpi­ PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Garrett Larimer, 970.429.2739 DATE: 6.18.2018 PROJECT: 305 S. Mill St - Grey Lady Restaurant REPRESENTATIVE: Ryan Chadwick, 508.221.1689; Ryan.Chadwick@gmail.com DESCRIPTION: The applicant is interested in pursuing a Temporary Use approval to erect an enclosure over the patio/public amenity space at the Grey Lady restaurant during the 2018-2019 winter season. The enclosure has been erected on the site during the past four years for various amounts of time during the winter season. During the 2017-2018 season, council approved the use of the structure for one -hundred and twenty (120) days. Included in the proposal and part of the approval was the use of the structure for a Saturday Winter Market. The subject site is located in the historic Commercial Core zone district and a referral comment may be requested from the Historic Preservation Planner for consideration at the Council hearing. The applicant may request an air lock as part of the temporary use application. In previous years this request has been denied by City Council. Seasonal airlocks larger than 10 square feet installed on the exterior of the building will trigger a net leasable increase per section 26.575.020(I) (1), and may be subject to affordable housing mitigation if the use is approved for more that fourteen (14) days, A request for use of the temporary structure for more than fourteen (14) days is considered a substantial temporary use and requires review and approval from City Council. Council may grant approval for a temporary use for up to 180 days. In the past, the applicant has requested annual recurrences, which may be granted by Council for up to 10 years, per section 26.450.050. City Council has not granted annual recurrences as part of any of the previous approvals. It should be noted that temporary uses and structures are subject to compliance with section 26.412, Commercial Design Review. Affordable housing mitigation will be required for any days in excess of fourteen (14) in a 12-month period. The previous designs conflicts with section PA1.5 of the Commercial, Lodging, and Historic District ASLU 305 S. Mill St. Temporary Use PID# 273718217004 I Design Standards and Guideline. If the applicant is still not in compliance with this standard as part of this application, it will require a variation to approve the structure pursuant to section 26.412.040.D. The applicant will be required to complete an application as outlined in subsection 26.450.070 of the Land Use Code, and to answer the criteria found in subsection 26.450.030 and 26.412.040.D. Council will make its determination based on a number of variables, including but not limited to visual impacts of the structure, compatibility with the surrounding uses, and the number of recurrences of the request. a� J� The following Land Use Code Sections are relevant to the request. ��► k4$Land Use Code Section(s) �0 26.304 Common Development Review Procedures,ti 26.412 Commercial Design Review 26.450 Temporary and Seasonal Uses (26.450.101 - 26.450.070) F� 26.470.040.7 GMQS - Temporary uses and structures p ry 26.575.020 Calculations and Measurements Below are links to the Land Use Application form and Land Use Code for your convenience: Land Use App: Land Use Application Land Use Code: Land Use Code Commercial Design Guidelines: Commercial Design Guidelines . Review by: Planning staff, City Council Public Hearing: City Council Planning Fees: $1,300 Deposit for 4 hours of staff time (additional planning hours are billed at a rate of $325/hour) Total Deposit: $1,300 To apply, submit the following information: ❑ Completed Land Use Application and signed fee agreement. ❑ Pre -application Conference Summary (this document). ❑ Street address and legal description of the parcel on which development is proposed to occur, consisting of a current (no older than 6 months) certificate from a 2 title insurance company, an ownership and encumbrance report, 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. ❑ Applicant's name, address and telephone number in a letter signed by the applicant that states the name, address and telephone number of the representative authorized to act on behalf of the applicant. ❑ HOA Compliance form (Attached) ❑ A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application and relevant land use approvals associated with the property. ❑ A site improvement survey (no older than a year from submittal) including topography and vegetation showing the current status of the parcel certified by a registered land surveyor by licensed in the State of Colorado. ❑ An 8 1 /2" by 1 1 " vicinity map locating the parcel within the City of Aspen. ❑ 1 Complete Copy of all application materials. If the copy is deemed complete by staff, the following items will then need to be submitted: ❑ 1 additional copy of the complete application packet and, if applicable, associated drawings. F ❑ Total deposit for review of the application. ✓(�� ❑ A digital copy of the application provided in pdf file format. ;, �018 Is Disclaimer: pF 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. f� 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 property owner. Property Name: 305 --7 M l l Sir c - L--t-c Owner ("I") Email: M(n Jtv60 Phone No.: �� l �� � � Q ���0 � 0 Address o 305 k i/ � (0 Property p Pro e a' (subject o o application 9 ��1X OPP I certify as follows: (pick one) ;; , A �; �. f lJ Thisproperty is not subject to a homeowners association or other form of"' p p y 1 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. 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: Owner printed name or, Attorney signature: date: 4 WIC . ��� � �� / �Tr/ �f"yry'.€xFi �^'N f�.[ :s� :;fit ; ;;3L ��. : i '`�, Saab ryt;••:>«?;.: rf vA '7��f^y ra: s:vri S{l %•. •��yy�y�q/'z�r,:-/i'.i h`%�v�. ;?''!z. ;°s'3,>�.. ;.i'rsr••' �yxny,�z/ ins? x;4r�>,rj;•'j s>3 ltysrf 63 fzr��•,:w;:'i•�s- _za.7 s +txya-:..;u.r,,^� ;^x v ! 'e?/.:w 3',::;r1 •:-• 'rrw^4:r•, y �Fy * ✓ -„ s s r« gin' x ;•:'c :.. ,� s.',� �7" '���`yjyS��y crcz ,...":,t _zr r >xsY;si'3 T_str X �Zl3s.;t r n �9�€, s �x s1 r y h x fx r ) E ayn/s k r , art ti r yy r y Gaya r x� r �t f r s €a of Won 00n. Jai s :. ~3'K ` r7w,ssls>.r sr x Yyf f n sFf ' ... .... .1-�� :•'•, as � x� �� y e ire/;y .Xr, E IME r - a Y d S ✓✓ Y mmw-- all ANY oil ANA On MW sl'�Y`>.t1ts� �sfts ,r... . . .. • •. Zf r . rs / s xtyr�sJJi ? .• •• � i j('- sr'P4'r/} ✓ t , Ask �., � r r r r t � 'tifrfi• �../ to �•s�: .j Erb s ... _ ; r s£S , %/emsrar�r y t �t r t j� r f H zs r/ r r/ s ifs%r� �i .rr' � zz'r -3.�•y :t .ri Zi"s -` •.: cp✓rE r r�ry,.�g,'Yx� y-,. r ¢ s t a� n s fsg3' c y ,s �"?�" s �/r,,,.. ra•,✓..�*�',r.M :/r y,yyx� ' u �f�� �7br'f'''r%,�•� XSfF61 frr rr/ 1 Ex S . J , xK.,'X� �. � �r'/ 3Y �35 y' /��� y. ,�d.sfxt r v"'f x>mx' � it sra .3'/ik Psz w�z:.�./1�X.�1. �.1%£s:�F,c�`:.�fi�£..� � ! '� "i � �. s<•' ., >�• ; • ::: r _ £it":..�.r�� '.�'. ,S '£a�rrr�i on YS • 2 C t 9• A-S L-W Agreement to Pay Application Fees C_ An agreement between the City of Aspen ("City") and `j M Please type or print in all caps "C Z Address of Property: Property Owner Name: ;1-7 Representative Name (if different from Property Owner)00 "n rr? ry t Billing Name and Address -Send Bills to: I � j+ Contact info for billing: e-mail: / - aL 09 �'..ttvrPhone: I understand that the City has adopted, via Ordinance No. 30, Series of 2017, review fees for Land Use applications and 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. $. flat fee for $. 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 no -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 and 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. $ 3 (75) deposit for hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. $ deposit for hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. City of Aspen: Jessica Garrow, AICP Community Development Director City Use: Fees Due: $ Received $ Case # Signature PRINT Nam Title: e19 LAJ�' A; 2 1 'A LAND USE APPLICATION C,a� , ,, f Project Name and Address: r Parcel ID # (REQUIRED)�� i APPLICANT: Name: C:1-4. Address: �-� �tAz--e— vo—� 7-01 44:&? Q2V 6�� ly /Cl/o Phone #:/i�U'` G ( email: REPRESENTIVATIVE: Name: Address: Phone#: email: Description: Existing and Proposed Conditions Review: Administrative or Board Review Required Land Use Review(s): Growth Management Quota System (GMQS) required fields: Net Leasable square footage Lodge Pillows Free Market dwelling units Affordable Housing dwelling units Essential Public Facility square footage Have you included the following? FEES DUE: $ ® Pre -Application Conference Summary Signed Fee Agreement HOA Compliance form All items listed in checklist on PreApplication Conference Summary DIMENSIONAL REQUIREMENTS FORM Complete only if required by the PreApplication checklist Project and LocationZ�L s 5 Applicant: Zone District: Gross Lot Area: Net Lot Area: "Please refer to section 26.575.020 for information on how to calculate Net Lot Area Please fill out all relevant dimensions Single Family and Duplex Residential 1) Floor Area (square feet) 2) Maximum Height 3) Front Setback 4) Rear Setback 5) Side Setbacks 6) Combined Side Setbacks 7) % Site Coverage 8) Minimum distance between building Proposed % of demolition Commercial Proposed Use(s) 1) FAR (Floor Area Ratio) 2) Floor Area (square feet) 3) Maximum Height 4) Off -Street Parking Spaces 5) Second Tier (square feet) 6) Pedestrian Amenity (square feet) Proposed % of demolition s Multi -family Residential Existing Allowed Proposed 1) Number of Units 2) Parcel Density (see 26.710.090.C.10) 3) FAR (Floor Area Ratio) 4) Floor Area (square feet) 4) Maximum Height 5) Front Setback 6) Rear Setback 7) Side Setbacks Proposed % of demolition Existing Allowed Proposed Existing non -conformities or encroachments: Variations requested: Lodge Additional Use(s) 1) FAR (Floor Area Ratio) 2) Floor Area (square feet) 3) Maximum Height 4) Free Market Residential(square feet) 4) Front setback 5) Rear setback 6) Side setbacks 7) Off -Street Parking Spaces 8) Pedestrian Amenity (square feet) Proposed % of demolition Existing Allowed Proposed Existing Allowed Proposed City of Aspen Land Planners 6/20/2018 Grey Lady Trellis- 305 South Mill ST, Aspen CO 81611 RE: Criteria questions for Temp Use and Affordable housing calculations A. The location, size, design, operating characteristics and visual impacts of the proposed use. The trellis is located at 305 South Mill St. The trellis area is wooden and the area is 788 Sq Ft. We plan .on covering this area with a grey fabric cover. We plan on serving food and drinks under the covered area. B. The compatibility of the proposed temporary use with the character, density and use of structures and uses in the immediate vicinity. The Trellis is already in place and we are covering with a neutral color fabric covering. Similar to wild fig and the faris covering on the wheeler opera house building. C. The impacts of the proposed temporary use on pedestrian and vehicular traffic and traffic patterns, municipal services, noise levels and neighborhood character. No impact and we will be responsible for clearing our area from snow and ice. 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. The duration is from Dec 15,2018 to March 31, 2019. Yes this was approved the last season. E. The purposes and intent of the zone district in which the temporary use is proposed. We are in the commercial core and this will be used for restaurant use. 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. No changes in the zone district area G. How the proposed temporary use will enhance or diminish the general public health, safety or welfare. We are using an otherwise empty snow covered lot, we are offering the space for a farmers market on the weekend for the public to purchase local goods in a heated and protected/covered area. Employee Housing Mitigation for 96 days for 788 sq ft- $4,708.03 To: City of Aspen June 18, 2018 RE: Grey Lady Temporary Covered Trellis - 305 S. Mill St, Aspen, CO 81611 Thus written response is an explanation of proposed dates of 120 days and a description of the structure. The proposed dates for the trellis to be covered at 305 S. Mill Street are December 15, 2018 - April ISth 2019. The covering for the trellis is made out of awning material, both black & transparent (windows). The ceiling material is clear and transparent and open to the sky. The covering's use will not adversely affect pedestrian or vehicular traffic since the space is on a cobblestoned walking mall, nor will the use affect traffic patterns, municipal services or neighborhood character. The use will actually decrease noise levels by making the area enclosed as opposed to open air. Aspen Weekend Winter Market We are actively pursuing weekend vendors for 6-8 6x6 booths inside the trellis area to provide winter vegetables, cheese and other various small businesses. Last season's market was a great success and very well received by the community. We're looking forward to continuing the tradition. Market Operations will be from 9am-4pm and we plan on converting the space for dining use at night for Grey Lady. Respectfully, Ryan Chadwick Grey Lady Aspen GoogleMapS 305 S Mill St Map data @2018 Google 200 ft 305 S Mill St Aspen, CO 81611 R.WBRIM.l1 Grey Lady 4,1 * * * * "AW (3 8) $$$ - Seafood, 305 S Mill St // //iiii/iii/iirlH///%,//%// i////HHH///N////y///////i/%///ii��ii �i�����iii/%,✓//r%HH.H.%HN///r/ /iH /'//ii�-�i�%�,%NNr/ N/H /iaiU%.a%iiruriiJ Hiin.•�iir,..,...iirn!.oN% <�///%///b% / / r i M NO i ql,, ' 4 320 West Main Street, Aspen, Colorado 81611-1557 Telephone; 970.926.6300 Fax: 970.925.1181 www.shermohowerd,com Curtis B. Sanders Sherman & Howard LL.C;. Direat Dial Number: 970.300.0114 E-mail: csanders@shermanhoward,cclm January 9, 2015. City of Aspen Community Development Department 130 South Galena Street .Aspcn, +Colorado 81611 RECEIVF.` JUN 21 2018" CITY OFASP'Lr$ COMAM WaOPMENT .e: 305-7 Mill Street l IX, 11 Delawftl'e limited liability company; Certificate of Ownersb p Dear Sir or Madam: 1 am all attorney licensed by the State of Colorado to practice law. This letter shall conf rin and certify that 305-7 Mill Street LLC, a Delaware limited liability company, is the owner of certain improved teat property located at 305-7 Mill Street; Aspen, Colorado 81611, and legally described as follows (the "Subject Propery"�: Units A, B and C, ASPEN COMMERCIAL CONDOMINIUM, according to the Condominium Map thereof recorded November G, 1974 in Plat Book 4 at Page 499 and as defined and described in the Condominium Declaration. for Aspen Commercial Condominium recorded November 7, 1974 in Book 293. at Page 61. The. entity 305-7 Mill Street .LLC owns the Subject Property subject only to the. fallowing matters of record, . Reservations and exceptions as set fotlh in the Deeds f rotn the City of Aspen recorded in Book 59 at Page 39 and its Book 59 at Page 350 providing as follows: "'That no title shall be: hereby acquired to any mine of gold., solver, cinnabar or copper or to any valid unining claim or possession held tinder existing, laws." 2. Terms, conditions, provisions, obligations, easements,. resteriction&and assessments as set forth in the Condominium Declaration for Aspen Commercial Condominium recorded November 61974 in Book 293 at Page 61. 3. Easements, rights of way, and all matters as disclosed on the Map of Aspen Commercial Condominium recorded November 6, 1974 in flat Book 4 at Pagc 499. BUS RE/5402592.l 4. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the City of Aspen/Pitkin County Growth Management Commission recorded April 25, 2002 as Reception No. 466645 as Resolution No. 03 (Series of 2002). 5. Terms, conditions, provisions obligations and all matters as set forth in Resolution of the Aspen Historic Preservation Commission (HPC) recorded December 11, 2008 as 'Reception No, 554946 as Resolution No. 27 (Series of 2008). 6. Deed of Trust, Assignment of Leases and Rents and Security Agreement dated June 10, 2014 between Jefferies Loancore LLC and 305-7 Mill Street LLC, recorded Julie 18, 2014 as Reception No. 611. t 86. T.Assigpirient of Leases and Rents dated June 10, 2014 between Jefferies Loancore LLC and 305-7 Mill Street LLC, recorded June 18, 2014 as Reception No. 611187, 8, UGC-1 Financing Statement of Jefferies Loancore LLC recorded Julie 181 2014 as Reception No, 611188, This letter shall further confirm that 305-7 Mill Street LLC, as the owner of the Subject Property, has authorized 305 S, Mill, Grey Lady to file and pursue a land use application in with the City ofAspen in connection with the Subject Property, I Sincerely, Curtis B. Sanders 2 BUSRE15402592A 305-7 Mill Street LLC c/o JW Development 20011V Halsted Street, Sidle 304 Chicago, Illinois 60614 Telephone (312) 850-1680 Facsimile (312) 850-1685 October 4, 2017 City of Aspen Community Development Department 130 South Galena Street, Third Floor Aspen, Colorado 81611 Re: 305-7 Mill Street, Aspen, Colorado 81611(the "Property") Ladies and Gentlemen: I am writing as Manager of 305-7 Mill Street LLC, a Delaware limited liability company, which is the owner of the above referenced Property. The current tenant of a portion of the Property, Bareast Group LLC, doing business as "Grey Lady", has requesting our authorization for 'it to obtain a temporary use permit from the City of Aspen to enclose the trellis area on the Property for the period December 23, 2017 - March 31, 2018. This letter shall confirm that 305-7 Mill Street LLC authorizes Bareast Group LLC, doing business as "Grey Lady", and its principal Ryan Chadwick, to apply for, pursue and obtain the City of Aspen's approval of a temporary use permit to enclose the trellis area on the Property for the period December 23, 2017 - March 31, 2018, and any other directly -related approvals which may be required by the City of Aspen with respect to such matters. 3 05-7 MILL, STREET LLraD e Limited liability company By: 305-7 Mill Street ManColorado corporation Lo 46826892.1 Mark Hunt Its: President w a Lj F- z i RECEIVE. JUN 21 .2018 CITY OF ASPEr W,'UM f1VT10PV PRE -APPLICATION CONFERENCE SUMMARY PLANNER: Garrett Larimer, 970.429.2739 DATE: 6.18.2018 PROJECT: 305 S. Mill St - Grey Lady Restaurant REPRESENTATIVE: Ryan Chadwick, 508.221.1689; Ryan.Chadwick@gmail.com DESCRIPTION: The applicant is interested in pursuing a Temporary Use approval to erect an enclosure over the patio/public amenity space at the Grey Lady restaurant during the 2018-2019 winter season. The enclosure has been erected on the site during the past four years for various amounts of time during the winter season. During the 2017-2018 season, council approved the use of the structure for one -hundred and twenty (120) days. Included in the proposal and part of the approval was the use of the structure for a Saturday Winter Market. The subject site is located in the historic Commercial Core zone district and a referral comment may be requested from the Historic Preservation Planner for consideration at the Council hearing. The applicant may request an air lock as part of the temporary use application. In previous years this request has been denied by City Council. Seasonal airlocks larger than 10 square feet installed on the exterior of the building will trigger a net leasable increase per section 26.575.020(I) (1), and may be subject to affordable housing mitigation if the use is approved for more that fourteen (14) days, A request for use of the temporary structure for more than fourteen (14) days is considered a substantial temporary use and requires review and approval from City Council. Council may grant approval for a temporary use for up to 180 days. In the past, the applicant has requested annual recurrences, which may be granted by Council for up to 10 years, per section 26.450.050. City Council has not granted annual recurrences as part of any of the previous approvals. It should be noted that temporary uses and structures are subject to compliance with section 26.412, Commercial Design Review. Affordable housing mitigation will be required for any days in excess of fourteen (14) in a 12-month period. The previous designs conflicts with section PA 1.5 of the Commercial, Lodging, and Historic District ASLU 305 S. Mill St. Temporary Use PID# 273718217004 1 Design Standards and Guideline. If the applicant is still not in compliance with this standard as part of this application, it will require a variation to approve the structure pursuant to section 26.412.040.D. The applicant will be required to complete an application as outlined in subsection 26.450.070 of the Land Use Code, and to answer the criteria found in subsection 26.450.030 and 26.412.040.D. Council will make its determination based on a number of variables, including but not limited to visual impacts of the structure, compatibility with the surrounding uses, and the number of recurrences of the request. The following Land Use Code Sections are relevant to the request. Land Use Code Section(s) 26.304 Common Development Review Procedures 26.412 Commercial Design Review 26.450 Temporary and Seasonal Uses (26.450.101 - 26.450.070) 26.470.040.7 GMQS - Temporary uses and structures 26.575.020 Calculations and Measurements Below are links to the Land Use Application form and Land Use Code for your convenience: Land Use App: Land Use Application Land Use Code: Land Use Code Commercial Design Guidelines: Commercial Design Guidelines . Review by: Planning staff, City Council Public Hearing: City Council Planning Fees: $1,300 Deposit for 4 hours of staff time (additional planning hours are billed at a rate of $325/hour) Total Deposit: $1,300 To apply, submit the following information: ❑ Completed Land Use Application and signed fee agreement. ❑ Pre -application Conference Summary (this document). ❑ Street address and legal description of the parcel on which development is proposed to occur, consisting of a current (no older than 6 months) certificate from a 2 title insurance company, an ownership and encumbrance report, 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. ❑ Applicant's name, address and telephone number in a letter signed by the applicant that states the name, address and telephone number of the representative authorized to act on behalf of the applicant. ❑ HOA Compliance form (Attached) ❑ A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application and relevant land use approvals associated with the property. ❑ A site improvement survey (no older than a Year from submittal) including topography and vegetation showing the current status of the parcel certified by a registered land surveyor by licensed in the State of Colorado. ❑ An 8 1 /2" by 11 " vicinity map locating the parcel within the City of Aspen. ❑ 1 Complete Copy of all application materials. If the copy is deemed complete by staff, the following items will then need to be submitted: ❑ 1 additional copy of the complete application packet and, if applicable, associated drawings. ❑ Total deposit for review of the application. ❑ A digital copy of the application provided in pdf file format. 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. 3 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 Attomey representing the property owner. ProperfN Name: 365 --7 lq l I C. -r c4- i< t—c Owner ("l„) Email: Mh'•z t' (n AgvC0" C(3('l, Phone No.: Address o 305 sa t� (� � , � Ayui, 6o Property (subject o application I certify as follows: (pick one) 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. 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: Owner printed name or, Attorney signature: date: � av�ia 4 -7 Mill Street LLC c% Il Development 2001 N. Halsted Street, Suite 304 Chicago, Illinois 60614 Telephone (312) 850-1680 Facsimile (312) 850-1685 June 26, 2018 City of Aspen Community Development Department 130 South Galena Street, Third Floor Aspen, Colorado 81611 Re: 305-7 Mill Street, Aspen, Colorado 81611 (the "Property") Ladies and Gentlemen: I am writing as Manager of 305-7 Mill Street LLC, a Delaware limited liability company, which is the owner of the above referenced Property. The current tenant of a portion of the Property, Bareast Group LLC, doing business as "Grey Lady", has requesting our authorization for it to obtain a temporary use permit from the City of Aspen to enclose the trellis area on the Property for approximately sixty days (the period December 15, 2018 - April 15, 2019). This letter shall confirm that 305-7 Mill Street LLC authorizes Bareast Group LLC, doing business as "Grey Lady", and its principal Ryan Chadwick, to apply for, pursue and obtain the City of Aspen's approval of a temporary use permit to enclose the trellis area on the Property for approximately sixty days (December 15, 2018 - April 15, 2019), and any other directly -related approvals which may be required by the City of Aspen with respect to such matters. 305-7 MILL STREET LLC, a Delaware limited liability company .. By: 305-7 Mill Street Manager, nc. Colorado corporation Mark Hunt Its: President Active/48623 769.1 SHERMAN6HOWARD 730 East Durant Avenue, Suite 200, Aspen, Colorado 81611 Telephone: 970.925.6300 Fax: 970.925.1181 www.shermanhoward.com Curtis B. Sanders Sherman & Howard L.L.C. Direct Dial Number: 970.300.0114 E-mail: csanders@shermanhoward.com RECEIVED June 26, 2018 JUN 2 6 2018 City of Aspen CITY OF ASPEN Community Development Department CMRNTY DM- OMNT 130 South Galena Street Aspen, Colorado 81611 Re: 305-7 Mill Street LLC, a Delaware limited liability company; Certificate of Ownership Dear Sir or Madam: I am an attorney licensed by the State of Colorado to practice law. This letter shall confirm and certify that 305-7 Mill Street LLC, a Delaware limited liability company, is the owner of certain improved real property located at 305-7 Mill Street, Aspen, Colorado 81611, and legally described as follows (the "Subject Property"): Units A, B and C, ASPEN COMMERCIAL CONDOMINIUM, according to the Condominium Map thereof recorded November 6, 1974 in Plat Book 4 at Page 499 and as defined and described in the Condominium Declaration for Aspen Commercial Condominium recorded November 7, 1974 in Book 293 at Page 61. The entity 305-7 Mill Street LLC owns the Subject Property, subject only to the following matters of record: 1. Reservations and exceptions as set forth in the Deeds from the City of Aspen recorded in Book 59 at Page 39 and in Book 59 at Page 350. 2. Terms, conditions, provisions, obligations, easements, restrictions and assessments as set forth in the Condominium Declaration for Aspen Commercial Condominium recorded November 6, 1974 in Book 293 at Page 61. 3. Easements, rights of way, and all matters as disclosed on the Map of Aspen Commercial Condominium recorded November 6, 1974 in Plat Book 4 at Page 499. Active/48619107.1 4.Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the City o[Aspen Planning and Zoning Commission recorded April 25,2OO2as Reception No. 466645amResolution No. 03(Series of2007). 5. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Aspen Historic Preservation Commission (HPQ recorded December 11, 2008 as Reception No. 554946auResolution No. 27(Series of2000). 6. Deed of Trust, Assignment of Leases and Rents and Security Agreement dated June \O,2Ul4between JefferieoLoanooreLLCand 305-7Mill Street LLC,recorded June |0,2Ol4aa Reception No. 6lllQ6. 7. Assignment ofLeases and Rents dated June lO. 2014 between Jeffer|ea Loanoore |L|LC and 3O5-7Mill Street |Ll.C,recorded June l0,2O|4aaReception No. 6)llQ7. 0.lJCC-|Financing Statement ofJefTerkeml.oanoore LLCrecorded June l0,2O\4as Reception Nko.6\l|80. q. Terms, oondbkoom` provisions and obligations as set forth in the Assignment of Deed of Trust, Assignment of Leases and Rents and Security Agreement dated as of August 20`20l4 between JefferiemLoonCore[LCaaassignor and JLCWarehouse \/l.LC aaassignee recorded August 24,2O|5asReception No. 622662. lU.Terms, conditions, provisions and obligations omset forth inthe Assignment of Assignment of Leases and Rents dated aoofAugust 2Q,2Ol4between JefferieyLoancore LLCaa assignor and JLC Warehouse \/l~LCaaassignee recorded August 24,20l5asReception No. 622663. 11. Terms, conditions, provisions and obligations as set forth in the iJCC Financing Statement Amendment recorded August 24`2Ul5oaReception No. G22664. 12. Terms, conditions, provisions and obligations as set forth in the Assignment ofDeed of Trust, Assignment of Leases and Rents and Security Agreement dated as ofJuly 22"2Ol5 be1p/eeuJLC Warehouse \/|Ll.0 as assignor and [)l\/C(}RUB CL() 2013-1 LTD. as assignee recorded August 25,20l5as Reception No. 6226Vg. 13. Terms, conditions, provisions and obligations as set forth inAssignment o[ Assignment ofLeases and Rents dated aaofJuly 22,2O|5between ILCWarehouse \/LLC as assignor and DlVCDI0B CLO 2013-1 LTD. as assignee recorded August 25, 2015 as Reception No.6227OO. l4.Terms, conditions, provisions and obligations as set forth 6mthe UCCFinancing Statement Amendment recorded August 25,20|5ayReception No. 62270l. 15. Terms, conditions, provisions, obligations and all matters as set forth in Resolution #27(Series of2Ol5)ofthe City of Aspen Historic Preservation Commission recorded October 2 16. Terms, conditions, provisions, obligations and all matters as set forth in Resolution #27 (Series of 2016) of the City of Aspen Historic Preservation Commission recorded December 1, 2016 as Reception No. 634268. Sincerely, Curtis B. Sanders 3 Active/48619107.1 CITY OF ASPEN Land Use Application Determination of Completeness Date: June 22, 2018 Dear City of Aspen Land Use Review Applicant, We have received your land use application for 305 S. Mill St., Temporary Use request and reviewed it for completeness. Your Land Use Application is incomplete: Please submit the following missing submission items. 1. A letter signed by the applicant, containing the applicant's name, address and telephone number and the name, address and telephone number of any representative authorized to act on behalf of the applicant. The letter needs to be up to date (no older than 6 months) 2. A disclosure of ownership of the parcel proposed for development, consisting of a current certificate from a title insurance company or attorney licensed to practice in the state (no older than 6 months), 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. The letter needs to be up to date (no older than 6 months). 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, nifer an, Deputy Planning Director City of A n, Community Development Department For Office Use Only: Mineral Rights Notice Required Yes No GMQS Allotments Yes No Qualifying Applications: New PD Subdivision, or PD (creating more than 1 additional lot) Residential Affordable Housing Commercial E.P.F. Lodging }�ji1 +OL�til �_t; ie#tc JtrS'�'Y. F1'aS.i C_.C_ c'...�:1_!y'�,. Ul �.�. .L.e.3(.` � . 970'.` 20-':ts`a.r