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CITY COUNCIL WORK SESSION
March 08, 2016
4:00 PM, Meeting at Wheeler Lobby
MEETING AGENDA
I. Cooper Street Pier
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MEMORANDUM
TO: Mayor Skadron and Aspen City Council
FROM: Jennifer Phelan, Deputy Planning Director
RE: 508 E. Cooper Avenue (Cooper Street Pier - Basement space)
WORK SESSION
DATE: March 8, 2016
___________________________________________________________________________
General Background:
In 2006, the owners of the Cooper Street Pier building filed a development application with the
City of Aspen for the redevelopment of the property. Pursuant to the Aspen Municipal Code, the
development proposal went through an approval process that included determinations by both
Aspen’s Historic Preservation Commission (hereinafter the “HPC”) and Aspen’s Planning and
Zoning Commission (hereinafter the “P&Z”). The HPC considered this application for
compliance with City of Aspen Historic Preservation Guidelines. The P&Z considered issues
pertaining to growth management, housing replacement and subdivision. Both of these bodies
approved or recommended approval of the request of the applicant; and, each body found the
application to be consistent with the Aspen Municipal Code with respect to the issues before it.
However, this particular development proposal required subdivision approval by the Aspen City
Council. Following a public hearing, City Council denied the Plaintiffs’ request for subdivision
approval. The initial vote on a motion of approval failed on a 2-2 vote. A motion to deny the
application for Subdivision passed three to one. Litigation was promptly commenced pursuant to
C.R.C.P. 106. The litigation alleged that the Council “exceeded its jurisdiction or abused its
discretion, based on the evidence in the record before” the Council.
Prior to a trial on the merits, the City and applicant settled the case. Judge DeVilbiss was the
primary negotiator of the settlement. The settlement involved a requirement that the owner deed
restrict the basement of the property to the operation of restaurant, on site food service bar or a
brewery. Other uses allowed in the CC Zone District as a matter of right would only be permitted
upon the agreement of the City.
Rent and other lease restrictions were also set forth in the Restrictive Covenants on the property.
Those are set forth in the Declaration of Covenants attached hereto. As noted therein, the City
also had a right to propose a tenant if one was not promptly found by the owner. Since a
certificate of occupancy and/or letter of completion was issued for the building neither the owner
nor the City have been able to find a tenant.
Current Status:
The basement is about 2,430 square feet of unfinished space and a typical “white box”. The floor
is covered with the radon barrier, the walls are taped drywall or concrete, the structural columns
and beams are fire protected with a monocoat spray and the floor assembly above is steel and
concrete. The smoke and fire alarm system is operational and monitored by the building alarm
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panel and fire sprinklers are operational. The heating and ventilation mechanical system is
roughed into the north wall and hot and cold water are pre-piped for the fancoil system.
A letter of completion describing the space as 508 E. Cooper unit 001 was issued and documents
the space is compliant with any fire safety and structural provisions applicable to an unfinished
space.
What it would take to complete:
A building permit application for this space must be submitted, reviewed, approved and issued
before any work can begin. The floor plan and proposed use will determine the occupancy
classification as a restaurant, bar or nightclub. The building code provisions become more
restrictive as the degree of hazard increases.
The level of food service would determine equipment cost and the price of the menu would
determine the level of finish cost. The low end estimate for restaurant construction is $150 and the
high end $600 per square foot.
Photos of basement space:
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