Loading...
HomeMy WebLinkAboutLand Use Case.CU.530 E Bleeker St.A052-99PP- PN: 2737-073-00041 Case A052-99 9)%evl kek- Mattel Europa Conditional Use Review U 2618 COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5090 City of Aspen Land Use: lJ 1041 Deposit 1042 Flat Fee 1043 HPC 1046 Zoning and Sign Referral Fees: 1 163 City Engineer 1205 Environmental Health 1190 Housing I �U� Building Fees: 1071 Board of Appeals 1072 Building Permit 1073 Electrical Permit 1074 Energy Code Review 1075 Mechanical Permit 1076 Plan Check 1077 Plumbing Permit 1078 Reinspection Other Fees: 1006 Copy 1302 GIS Maps 1481 Housing Cash in Lieu 1383 Open Space Cash in Lieu 1383 Park Dedication 1468 Parking Cash in Lieu Performance Deposit 1268 Public Right-of-way 1164 School District Land Ded. i TOTAL NAME: J rQ- ADDRESS/PROJECT: PHONE: ! �?_ CHECK# - CASE/PERMIT#: # OF COPIES:_ DATE: � 1 1 INITIAL: VV j PARCEL ID: 2737-073-00041 6!2/99 # COPIES:— CASE NO A052 CASE NAME: Mittel Europa Conditional Use PLNR. Chris Bendon PROD ADDRI 530 E. Bleeker Street CASE TYPI Conditional Use STEPS OWN/APP: BCS Properties ADRI P.O. Box 5078 C/S/Z: jAspen, CO 81612 PHN: 920-2277 REP: Lorene McGovern ADR: 322 Park Avenue #2 CIS/Z: Aspen, CO 81611 PHN: 544-5606 FEES DUEI 1110 (d) + 160 (e) + 160 (h) FEES RCVD: 1430 STAT: REFERRALS DATE OF FINAL ACTI CITY COUNCIL:r BOA: DRAC: ADMIN MEMORANDUM TO: Aspen Planning and Zoning Commission THRU: Julie Ann Woods, Community Development Director Joyce Ohlson, Deputy Director FROM: Christopher Bendon, Planner RE: Mittel Europa Conditional Use - Public Hearing 516 East Bleeker Street DATE: July 6, 1999 SUMMARY: Corene McGovern of Mittel Europa, representing BCS Properties, owner, has applied for a conditional use approval for a consignment retail establishment and sales of consumer goods (primarily furniture) with more than 25% of the floor area devoted to retail sales at 516 East Bleeker Street, located in the Service/Commercial/Retail (SCI) Zone District. The business also will include several uses which are permitted in the SCI district including fabric and sewing supply, repair and alteration of furniture, some basic manufacturing, production of handmade artistic carvings, and some warehousing and storage. The SCI Zone District recently underwent a lengthy review to determine the appropriate permitted and conditional uses, level of retail and customer service area, affordable housing densities, dimensional requirements, and parking. Several uses were determined to be appropriate with no review, even with 100% of the floor area devoted to retail and customer service use. Other uses were determined to be conditional uses based on their potential impacts. As a general rule, more than 25% of the floor area for retail and customer service space requires a conditional use for any uses not specifically As the first application to be reviewed under this new zoning, this application proposes several uses, including uses which are permitted, conditional, and which may contain varying amounts of retail and customer service area. The business will contain second hand consignment, furniture repair and upholstering, sales of reconditioned antique furniture, fabric sales, manufacturing of pillows, curtains, and other interior decoration items, sales of those interior decoration items, and some warehousing and storage areas incidental to the shop. The repairs, upholstering, etc. are proposed on -site in approximately half of the space while the other approximately 50% of the store will be accessible to customers and function as a showroom and retail area. Due to the range of uses being proposed, the 25% provision is difficult to assess with a business of this sort. There is no percentage limitation for the fabric sales and, if approved, the consignment use. However, this pertains to the portion of the building housing those uses as the remaining uses are only allowed to use up to 25% of the floor area for retail and customer reception. Considering the overlapping of uses proposed and the complexity of restricting certain uses to percentages of the store, staff and the applicant agreed that the conditional use application should include the request to exceed the 25% limitation. By defining the amount of showroom and retail space for this business, enforcement of the conditional use would be much easier than trying to determine the amount of floor area devoted to specific uses. Staff supports this application and the proposed 50% retail and customer reception area. Throughout the entire SCI discussion, the desire to return the manufacturing and repair of consumer goods into Aspen was paramount. This application appropriately combines these permitted uses with conditional uses to support and sustain them. It is important to recognize that the applicant has the ability to use 25% of the floor area as accessory retail for the furniture repair and re -upholstery uses and that a greater percentage could be utilized for the fabric sales. The amount of space that will be accessible to the general public is appropriate for the types of uses being proposed. In fact, these types of businesses usually allow access to all areas of the store accept the repair section. The City's Conditional Use standards address the incremental increase in employment generation. According to the land owner, the former businesses employed approximately seven full-time people. The applicant is expecting to employ three persons. The Housing Office requested additional information from the applicant regarding the former businesses. Staff is expecting a follow-up memorandum from the Housing Office to be available and presented at the public hearing for the Commission to appropriately respond to this criterion. Staff recommends approval of the Conditional Use for Mittel Europa at 516 East Bleeker Street, with conditions. APPLICANT: BCS Properties, owner. Represented by Corene McGovern, business owner. LOCATION: 516 East Bleeker Street ZONING: Service Commercial/Industrial. (SCI) 2 CURRENT LAND USE: Vacant. The previous uses were a paint store and an electric repair shop. PROPOSED LAND USE: Furniture repair, upholstery, and sales, consignment sales, sales of fabric and upholstery items, manufacturing of interior decorating items, and storage. PREVIOUS ACTION: The Planning and Zoning Commission has not previously considered this application. REVIEW PROCEDURE: Conditional Use. With a recommendation from the Planning Director, the Commission may approve, approve with conditions, or deny a conditional use application at a public hearing. BACKGROUND: The SCI Zone District provision recently underwent a re -write. The final Ordinance for this zone district is attached. STAFF COMMENTS: Review criteria and staff findings have been included as Exhibit "A." Agency referral comments are included as Exhibit `B." SCI Zone District provisions are attached as Exhibit "C." Letters received by the Planning Department have been included as Exhibit "D." The application is attached as Exhibit "E." RECOMMENDATION: Staff recommends the Planning and Zoning Commission approve the Conditional Use for Mittel Europa with the following conditions: 1. The store operator shall maintain the loading area free and clear of obstructions. No parking shall be allowed in this loading area. 2. Prior to issuance of a business license, the applicant shall demonstrate to the satisfaction of the Housing Office that the proposed use does not generate more employees than the previous businesses. 3. Any expansion or other significant change in the operation of this use will be subject to all applicable requirements of the Municipal Code which may include conditional use approval from the Planning and Zoning Commission. 4. The applicant shall record this Planning and Zoning Resolution with the Pitkin County Clerk and Recorder located in the Courthouse Plaza Building. There is a per page recordation fee. In the alternative, the applicant may pay this fee to the City Clerk who will record the resolution. 5. All material representations made by the applicant in the application and during public meetings with the Planning and Zoning Commission shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. RECOMMENDED MOTION: "I move to approve the Conditional Use for Mittel Europa at 516 East Bleeker Street, with the conditions outlined in the Staff memo dated July 6, 1999." ATTACHMENTS: Exhibit A -- Review Criteria and Staff Findings Exhibit B -- Agency referral comments Exhibit C -- SCI Zoning Ordinance Exhibit D -- Letters from area businesses Exhibit E -- Application 4 AGENDA ASPEN PLANNING & ZONING COMMISSION REGULAR MEETING TUESDAY, JULY 6, 1999, 4:30 PM SISTER CITIES MEETING ROOM, CITY HALL I. COMMENTS A. Commissioners B. Planning Staff C. Public II. MINUTES III. DECLARATION OF CONFLICTS OF INTEREST IV. PUBLIC HEARING 4:45-4:50 A. 4:504:55 B. 4:55-5:00 C. 5:00-5:os D. 5:05-5:3o E. 5:30-6:00 F. 6:00-6:30 G. 6:30-7:o0 H. Bavarian Inn Conceptual PUD (continued to July 20, 1999), Joyce Ohlson Sign\Code, Code Amendment (continued to August 3, 1999), Sarah Oates juna Conditional Use Review (continued to date to be determined), J6yce Ohlson 84liams Ranch Substantial PUD Amendment (continued to August 3, 1999), Chris Bendon Modification of Conservation (C) Zone District Related to FAR (continued from June 15,1999), Joyce Ohlson 308 North First, Addition to Historic Inventory (continued from June 1, 1999), Amy Guthrie 488 Castle Creek Road Rezoning, Chris Bendon Mittel Europa Conditional Use Review, Chris Bendon V. ADJOURN Times are approximate. We recommend applicants arrive at least% hour prior to the scheduled time. 0 EXHIBIT A STAFF COMMENTS Section 26.60.040, Standards Applicable to all Conditional Uses (A) The conditional use is consistent with the purposes, goals, objectives and standards of the Aspen Area Comprehensive Plan, and with the intent of the zone district in which it is proposed to be located. Staff Finding: The SCI Zone District was recently subject to a complete review. This process recognized the appropriateness of a limited amount of retail and customer service area for any type of use and larger percentages for specific uses, based on their typical operational characteristics. In addition, certain uses were included as conditional uses in order for here to be a review to determine the appropriateness of the use on an individual basis. The repair of furniture, making of artistic wood carvings, and the sale of fabric and upholstery supplies are permitted uses in this zone district. The fabric sales use can have an unlimited percentage of space for retail use. The furniture repair use may have up to 25% of the space devoted to retail activity. The rationale behind the larger retail allowance for a fabric shop discussed during the re -write of the zoning was that the operational characteristics of a fabric shop are that customers generally have access to the entire store, similar to a hardware store. The two conditional uses proposed are the consignment retail of second-hand furniture and the increase to approximately 50% for retail and showroom area. The proposed store operator is expecting to primarily sell furniture on consignment. This is a use allowed an unlimited amount of customer service area if approved as a conditional use. The store operator does expect to also sell furniture outright (not on consignment). The differing percentages of retail and showroom space depending upon use is confusing at best. The range of uses proposed can all have this baseline 25% for retail space. The fabrics sales and consignment retail may have up to 100%. Staff believes it to be important to establish the percentage of retail and showroom space for this business as a total in the conditional use review. The stated purpose of the SCI Zone District is as follows: The purpose of the Service/Commercial/Industrial (S/C/I) zone district is to allow for the use of land for the preservation or development of limited commercial and industrial uses which: may not be appropriate in other zone districts; do not require or generate high customer traffic volumes; are primarily oriented to the manufacturing, repair, storage, and servicing of consumer goods and have a limited office, showroom, retail, or customer reception area; and, to permit artist's studios as well as customary accessory uses, including affordable residential dwelling units accessory to permitted uses. Staff believes the uses being proposed are in conformance with the goals and objectives of the SCI Zone District. The types of uses and the amount of retail and customer service area were specifically discussed during the code re -write as appropriate and desirable for this area of town. While individual uses being proposed may be appropriate in other zone districts, the business as a whole is entirely appropriate to be located within the SCI Zone District. Staff does not believe this use will generate an inordinate amount of customer traffic. And, the business is primarily oriented to manufacturing and servicing of consumer goods. (B) The conditional use is consistent and compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or enhances the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development. Staff Finding: Staff feels that this proposed use is compatible with the surrounding uses in the area. The SCI Zone District area between East Bleeker Street and Rio Grande Place has a mixture of on -site repair and light manufacturing types of uses. Not all, but a majority of the businesses incorporate some active customer service areas. (C) The location, size, design and operating characteristics of the proposed conditional use minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding properties. Staff Finding: There appears to be sufficient parking for the parcel with this proposed use. Staff believes the parking demand will be approximately the same as, or possibly less than, the former uses for this space. There is adequate space for delivery and customer pick-up parking and loading. This delivery area is important to this type of use which many businesses do not enjoy. Considering the uses contained within the building, the parking provided exceeds the requirements of the land use code. In addition, staff believes that the proximity to the downtown core may slightly reduce the parking demand, as some people will walk to the store. It should be noted, however, that customers will rarely carry home a large piece of furniture. Again, the loading area serves an important function. (D) There are adequate public facilities and services to serve the conditional use including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools. Staff Finding: There are adequate facilities to serve the proposed use. The are sufficient roads, public utilities, site improvements, emergency services, and fire protection systems for this use. (E) The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use. Staff Finding: Staff requested the applicant provide the Housing Authority with the employment generation figures based on the previous use and the proposed use. The former uses for this space were Main Street Printing and Summit Paint. According to the land owner, BCS Properties, those two businesses employed approximately seven people full time. The applicant has indicated her store will employ approximately 3 full time employees. The purpose of this standard is to ensure the conditional use does not unduly burden the community in terms of employment generation. Staffs understanding of this proposed use is that it is not expected to employ more people than the previous use. Staffs general understanding, however, should be viewed secondary to the recommendation of the Housing Office. Their expertise in employment generation is more precise than the Planning Department's. Moreover, the Housing Office has requested additional information from the applicant to document the previous and proposed employment generation figures. The applicant is continuing to work with the Housing Office in documenting the previous employment generation figures. At the time this memorandum was completed, a follow-up response from the housing Office had not been provided. If staff receives a recommendation from the Housing Office regarding this standards, it will be presented during the hearing to provide the Commission with adequate information to rule of this standard. If a Housing Office recommendation is not received and cannot be presented by staff, staff recommends the hearing be tabled until the Commission has the information necessary to make a finding on this criteria. (F) The proposed conditional use complies with all additional standards imposed on it by the Aspen Area Comprehensive Plan and by all other applicable requirements of this title. Staff Finding: Staff believes this proposed conditional use is consistent with the AACP. The Commercial Section of this document encourages the preservation and expansion of the S/C/I Zone District as a place for local serving businesses. Encouraging the inclusion of local service and light industrial businesses is a goal of the greater community, as identified in the AACP, and one in which the discussion during the SCI code amendments encompassed. These types of light industrial and service uses that benefit the community reduce the necessity to drive downvalley for similar services. During the review of the SCI District, the retail component of the zoning was specifically incorporated to provide businesses with an appropriate level of retail use to accommodate their business. As a permitted use, any business can have up to 25% of it's floor area, in combination, devoted to retail sales, office, showroom, or customer service. This provision assumes that the types of businesses intended for the zone customarily address the customer, have an office, and sell items as an accessory use. The conclusions in the q I �11 �WW —Lvce?5�. �16 �foo - 0� a are, ado• �,r �. r9A4e4a O� Im. 4t� u�a, w' �o" ?M MEMORANDUM To: Chris Bendon, Planner Thru: Nick Adeh, City Engineer ;2 From: Chuck Roth, Project Engineer Date: June 18, 1999 Re: Mittel Europa Conditional Use Review General - (1) These comments are based on the fact that we believe that the submitted site plan is accurate, that it shows all site features, and that it is feasible. The wording must be carried forward exactly as written unless prior consent is received from the Engineering Department. This is to halt complaints related to approvals tied to "issuance of building permit." (2) If there are any encroachments into the public right-of-way, the encroachment must either be removed or be subject to current encroachment license requirements. 1. Trash & Utilities — Trash containers must be stored on private property and not in the public right-of-way. Any new utility meters, pedestals or transformers must be installed on the applicant's property and not in the public right-of-way. Meter locations must be accessible for reading and may not be obstructed by trash storage. 2. Parkin — There appears to be sufficient on -site parking for the use. 3. Work in the Public Right-of-way - Given the continuous problems of unapproved work and development in public rights -of -way adjacent to private property, we advise the applicant as follows: The applicant must receive approval from city engineering (920-5080) for design of improvements, including landscaping, within public rights -of -way, parks department (920-5120) for vegetation species and for public trail disturbance, and streets department (920-5130) for mailboxes , street and alley cuts, and shall obtain permits for any work or development, including landscaping, within public rights - of -way from the city community development department. 99M85 TUN 17 ' 99 03: 16PM ASPEN Hl)USING !`)Fi_ P.1 MEMORANDUM TO: Chris Bendon, Community Development Department FROM: Cindy Christensen, Housing Office DATE: ,tune 17, 1999 RE: Mittel Europa Company Conditional Use Review Parcel ID No. S : The applicant is proposing to convert an existing space to a consignment, antique and second-hand furniture shop. .-KGROUND: Currently, the applicant is not proposing to increase the net leasable space. However, according to Section 26.60.040.E: The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use. The applicant has stated that the original business had seven employees, whereas this business is to employ three people -- the upholsterer, a part-timo assistant and the applicant. RECOMMENDATiQN: Since the application abides by the Land Use Code, staff recommends approval with the following conditions: 1. the applicant provide documentation (e.g., payroll records) showing that Summit Paint and Main Street Painting have a total of seven employees; and 2. documentation showing that the applicant only employs three people. cIaMwwd\refenzAmihd -nit GRACY*S 517 East Hopkins Avenue Aspen, Colorado 81611 June 30, 1999 Mr. Chris Bendon c/o City Planning and Zoning 130 South Galena Aspen, Colorado 81611 Dear Chris, R�cc�,v J�N 3 o FD qsp ti 19 OC14f�rirya�,,�N99 Following up on our conversation of this afternoon, I would like to voice my objections to the proposed grant of a conditional use at the building located at 516 East Bleeker. I believe quite strongly that the proposed use as a retail consignment store be denied for the following reasons: (1) Lack of Parking: This area is already one of the most congested areas of town; I have children in the karate classes there and have not — in two years — found a legal parking spot available within 100 feet of the door!. In fact, the space previously occupied by the paint store is empty, yet at 2:30 p.m. this afternoon all of the parking spaces in that lot were full and people had parked illegally - as usual - in the recycling area. As a consignment store owner, I can tell you that we create a steady stream of people bringing in things to consign, which means (1) they need to park as close as possible to the store, because they are carrying heavy object (especially furniture!), and (ii) they are only parking for 5 minutes. As a result, they will not pay and park at the town parking garage, but will create a mess of double and illegal parking in the area. (2) Safety: As a result of (1) above, an area that is already very unsafe (the Building is surrounded by blind curves, hills, and a single lane road), will become the most dangerous area of town. Add to the mix an enormous number of children because of the Karate Studio and the Youth Center, and I believe you invite tragic accidents. (3) Zoning: I was forced to move my consignment store - Gracy*s — out of a relatively inexpensive area (Main Street) into the more expensive commercial core, because of the City's zoning policies. I will consider it very unfair if someone else is permitted to avoid the expensive consequences of operating a retail store outside of the commercial core. This would certainly be contrary to the spirit of the City's commercial core zoning, if not strictly the letter of such laws. (4) Fairness: As a direct result of its increasingly restrictive zoning and building regulations, the City has confined retail operations to a very small "commercial core" area of the City. Although these policies have created many good things for the City, a decidedly bad result has been the spiraling cost to rent space in the commercial core, and the consequent "driving out" of local stores. Gracy*s has been in town since 1979 — one of only a very few businesses to have lasted that long. If the City wishes to expand the commercial core to ameliorate this effect in town, I would be the first to support an expansion of the commercial core. Such a policy shift would make the new areas available to all merchants on a first come -first served basis. However, to accomplish this effect by the piecemeal granting of conditional uses or exceptions will unfairly favor the few who are lucky enough (or legally adept enough) to circumvent the current restrictions in individual cases. I can't help but add, lest you think my motives purely selfish, that I welcome competition. I was glad, once Gracy*s was in essence kicked off of Main Street, to find a new spot right in between the Thrift Store and Susie's. I think competition, on a level playing field, is a very healthy thing. However, I cannot compete with someone who will pay a fraction of my rent because they were able to avoid the commercial core rents by a legal maneuver not available to me! I know you have a difficult job, and must often balance many competing interests and policies. However, I respectfully submit that the granting of this conditional use would create many more negative impacts than positive ones, and should therefore be denied. owner SCI District review went on to provide for any business to increase this 25% percent space as a conditional use reviewed by the Commission. In addition, some permitted uses were designated as appropriate with 100% of the floor area for retail, office, showroom, and/or customer reception without further review. These uses, building supply store, auto parts store, and fabric supply store, are types of uses that typically operate with the customers being able to access most to all of the store. Staff believes this use complies will all other aspects of the municipal code. The business, as any other business in town, must be issued a business license as well as this conditional use permit. In addition, the applicant is proposing interior construction which must be granted a building permit. RECEIVED ASPEN i PITKIN e.OMWUNITY DEVELOPMENT C3' I''II'�� 1I1CT July 01, 1999 Mr. Chris Bendon Community Development Department 130 South Galena Aspen, CO 81611 Dear Chris, Please insert this letter in the agenda for the upcoming planning and zoning meeting scheduled for July 6, 1999. Also, please provide a copy for each commissioner. We are writing to protest a proposed conditional use permit for a proposed retail business located outside the core business district. The space in question is located at 516 East Bleeker. It is currently zoned SCI. As you are well aware, zoning laws are in place for specific and well-defined objectives. As family -run business owners, the existing zoning laws were instrumental in our decision to locate our business in the core business district. The retail spaces wee clearly defined. Basically, the existing zoning laws determined the rent which our landlords charge. If you allow this permit, our business as well as every other core business, will be competing with a non -core business paynig SUBSTANTIALLY ($48/ft vs $19/ft aprox.) lower rent but existing as a retail space! We call that, the ultimate unlevel playing field! 601 East oTopkini oTuEnue O c4ip n, LloL0%ado 816n o 97o-544-3364 -0- Sfax: q70-927-o861 As Aspen small business owners, we have adhered to all city requirements. To put it plainly, we have `played by the rules." Now the rules may be changed. We ask you, at a time when Aspen businesses are recovering from one of the worst winter retail seasons in decades, is this the time to penalize existing business owners by changing the laws? If you have ever owned and operated a family -run business you share my valid concerns. We are not asking for preferential treatment, nor do we shy away from competition. All we ask is that the playing field remain level so that those of us who have based business decisions involving existing zoning parameters have a fair chance to succeed! Specifically, the application before you is requesting a permit to allow consignment retail and retail. It is virtually impossible, without heroic policing efforts, for this commission to enforce such an inane zoning! Our store is both consignment and retail and I challenge each of you to visit our store and identify which items are from our inventory and which are consignment items. Or see our ad in the recent Aspen Catalogue and try to do the same thing. It can't be done! Likewise, enforcing a mixed zoning like the one before you can't be done! boi Gast dfopkCni egvenue :• e41pen, Cofo¢ado S16u •: 9yo-y,{,/-� 64 :• ',- �'/o-q27-oS 6i AXT Remember, the city initiative, which took one (1) year of hard work to complete, zoned this very property SO just six (6) months ago This very commission was part of that initiative. You wrote the laws that you are now, just six (6) months after writing them, about to ignore! I urge you to respect the efforts and findings of the city initiative. While a simple conditional permit seems minimal, it is not! The changes have far-reaching effects. Please do not change the zoning landscape. I urge you to enforce the very zoning laws you wrote and deny the proposed change. Sincerely, Kimberly & Jay Olde Towne 601,Fast ,::-,{o#kina ogvsnue O o¢sfxsn, eofozado S16ii o 970-544-3364 0 7ax: 970-927-o861 ,//► COAI'ES REID &WAI.DRON Rea[ estate • Rentals • Property Management March 22, 1999 To Whom It May Concern: I am writing in regards to the SO Zoning question that you will be discussing on second reading tonight. I have two points to make in regards to this issue: 1, You cannot underestimate the importance of hometown service businesses in this zone to the City of Aspen and its citizens. These businesses allow us all to benefit from nearby, personal service. Hopefully, turning back the zoning to pre-1989 will help keep some of these small businesses in Aspen proper. 2. Allowing our housekeeping and maintenance office to stay in this zoning district helps keep my staff off Highway 82, which is critical for cutting down on highway travel and congestion. Without this opportunity, we would be forced to relocate this essential office downvalley in order to afford the ever-increasing rent being dictated by the high -income architects and professionals allowed by the current zoning. Thank you for your consideration. Sincerely, l Michael L, Spalding President MLSlkps Aspen Office: 780 East Hyman Avenue • Aspen. Colorado 81611 • (910) 925.1400 • PAX (970) 940.3765 Snowiness Office: P.O.9cx 6450 • Suite 113 Sncwirass Cra:er • Snowmass GWaVe. Ccic ado 81615 (970) 933.4700 • FAX (970) 923-4198 7. d NCcQ ItN 1QI 331'-J00 W66b : V0 66, 2-2allW FROM : NAPA AUTO PARTS ASPEN! CO PHONE NO. : 970 925 752E Mar. 22 1999 05:4ZPM P1 March 22, 1999 Re: SCI Zone Changes Aspen City Council, YOUR PARTS HAUS 113-8 AABC Aspen, CO 81611 970-925-7528 YOUR PARTS HAUS 64 El Jebel Road PO Box 28340 El Jebel, CO 81626 970-963-0440 I am writing concerning the proposed SCT zoning changes. The proposed chances will force other businesses, as I have been forced, to move out of the core of the city. These businesses service the core of the city. If you introduce ?' Att architects into this zoning it will raise already very high rental rates that these neiLl businesses can not compete with. It will be a very sad day when people will have to drive 35 miles to replace a fuse for their car or any other service these companies provide. Remember I service not only retail customers out also the City of Aspen, Pitkin County and Ski Co. These customers would suffer down time to obtain parts and services. Can the city affird to drive 35 miles for repairs that are often emergency situations? Sincerely, Ron Frieme Napa Auto Parts Aspen and El Jebel 9/08/98 1) OF2) LETTER FROM VINCE GALLUCCIO, OWNER OF ASPEN REPAIR CO. A TV REPAIR BUSINESS FOR LAST 20 YEARS IN THE SCI ZONE. TO CITY COUNCIL AND PLANNING AND ZONING COMMISSION MEMBERS CONCERNING THE UPCOMING JOINT WORK SESSION ON THE SERVICE/COMMERCIAL/INDUSTRIAL (SCI) ZONE 1) ORIGINAL PURPOSE OF THE SCI ZONE. RECOGNIZING THAT THE ASPEN ECONOMY IS BASED PRIMARILY ON TOURISM, AND THAT BUILDING AND MAINTAINING AND SUPPLYING SERVICE NEEDS FOR THE TOURIST HOUSING IS A VITAL FACTOR IN THE SUCCESS OF THAT ECONOMY, THE SCI ZONE WAS CREATED ABOUT 28 YEARS AGO TO ALLOW BUSINESSES THAT PERFORM ONLY THIS TYPE OF WORK TO COMPETE WITH EACH OTHER FOR THE AVAILABLE SPACE IN THE ZONED AREA. IT WAS OBVIOUS THEN, AND IT SHOULD BE NOW, THAT BLUE COLLAR SERVICE TYPE BUSINESSES SUCH AS PLUMBING, PAINTING, AUTO REPAIR, VACUUM AND TV REPAIR, CARPENTRY SHOP, ELECTRICAL , SIGN MAKERS, DOG GROOMERS, AUTO DETAILERS, PRINTING, AND MANY OTHERS CANNOT SUCCESSFULLY COMPETE FOR SPACE WITH HIGH INCOME PRODUCING BUSINESSES SUCH AS TOURIST RETAIL/RESTAURANT/ETC OR PROFESSIONAL WHITE COLLAR/OFFICE BUSINESSES . IF ALLOWED, THESE HIGH INCOME TYPE BUSINESSES WOULD SPREAD OUT FROM THE DOWNTOWN AREA INTO ANY AND ALL AVAILABLE SPACE IN THE CITY/TOWN, FORCING THE SERVICE TYPE BUSINESSES OUT OF TOWN. TODAY, OUT OF TOWN IS THE AIRPORT BUSINESS CENTER. 28 YEARS AGO, THIS WAS THOUGHT TO BE A BAD IDEA. TODAY, IT STILL SEEMS LIKE A BAD IDEA TO ME. 2)WHAT HAPPENED TO THE SCI ZONE? FROM THE EARLY SEVENTIES TO 1988, THE SCI ZONING ACCOMPLISHED FOR THE MOST PART WHAT WAS ORIGINALLY INTENDED FOR THIS AREA OF ASPEN. HOWEVER IN 1988, THE CITY COUNCIL, AGAINST THE RECOMMENDATIONS OF BOTH STAFF AND P&Z, DECLARED THAT ARCHITECTS WERE ARTISTS AND THEREFORE ELIGIBLE TO BE IN THE SCI ZONE. DURING THE NEXT FIVE YEARS, MANY OF THE CONDOMINIUMIZED SPACES AT 412 AND 414 N. MILL WHICH ARE IN THE SCI ZONE WERE PURCHASED BY OR RENTED BY ARCHITECTS WHO COULD AFFORD TO PAY FAR MORE FOR SPACE THAN THE FORMER BLUE COLLAR TYPE SERVICE BUSINESSES. ONE ARCHITECT HAS ABOUT 10 TO 2) OF2) 15 EMPLOYEES. THE ZONE HAD BEEN "UPZONED" TO THE ADVANTAGE OF JUST ONE WHITE COLLAR PROFESSIONAL GROUP , ARCHITECTS. 3)WHAT KINDS OF BUSINESSES SHOULD BE SUBSIDIZED BY THE COMMUNITY? IN EFFECT, THE COMMUNITY IS SUBSIDIZING THE SCI ZONE. IF THE AREA IS NOT ZONED SCI AS -ORIGINALLY INTENDED, GREATER REVENUES WOULD RESULT FROM SALES TAXES AND PROPERTY TAXES. THE COMMUNITY SUBSIDIZES THE FINE ARTS AND ARTISTS, WITH BOTH DIRECT CONTRIBUTIONS AND REDUCED RENTS AS AT THE RED BRICK SCHOOL. THIS MAKES GOOD SENSE BECAUSE THE ASPEN ECONOMY NEEDS THE FINE ARTS TO BETTER COMPETE WITH OTHER SKI AREAS/RESORTS. THE COMMUNITY HAS BEEN SUBSIDIZING THE SERVICE TYPE BUSINESS IN THE SCI ZONE BECAUSE IT NEEDS THE SERVICES PROVIDED TO KEEP THE TOURIST/COMMUNITY INFRASTRUCTURE WORKING. THE COMMUNITY ALSO, THROUGH TAXING DISTRICTS, SUBSIDIZES THE HOSPITAL/DOCTORS/SCHOOLS/FIRE/POLICE AND OTHERS BECAUSE THE TOWN NEEDS THEM TO WORK PROPERLY. THE QUESTION BEFORE YOU IS WHY THE COMMUNITY IS OR SHOULD BE SUBSIDIZING ONE AND ONLY ONE PROFESSION (ARCHITECTS) WHICH IS NOT VITAL OR CENTRAL TO THE ASPEN ECONOMY, A PROFESSION WHICH CAN BE PRACTICED ANYWHERE IN THE WORLD THAT GOOD ELECTRONIC COMMUNICATIONS EXIST, ON STRUCTURES THAT WILL BE BUILT ANYWHERE IN THE WORLD, A PROFESSION WHICH IS ZONED FOR IN 90 % OF THE COMMERCIAL SPACE OF ASPEN, AND IS, TO MY UNDERSTANDING, LEGAL TO PERFORM AS A HOME BUSINESS. MOST ORIGINALLY INTENDED SCI BUSINESSES ARE NOT LEGAL IN THE COMMERCIAL CORE OR THE HOME. THANK YOU FOR TAKING THE TIME TO READ THIS, AND PERFORMING THE DIFFICULT AND USUALLY THANKLESS TASKS OF YOUR OFFICES. VINCENT GALLUCCIO ASPEN REPAIR CO. 925-7688 FRGM : SUMMIT PAINT FAX NO. . 927 0444 Mar. 22 1999 01:02PM P1 7 ro tr. ,I -1 1 li r•1(�i r 1- 1f Lam, 1 7. To: As�ei i rl I-, l��iln� i 1 SCI 'Hearing Baal Tayllor. o;,lner Summit paint & Decorating j N Scuth Side Dr. Basal t, Co. 816? 1 C.&r••� Ar" .111V.C11 UUI IL.i i, r%^ 171-4.>,. r 4: 1nno p out of Aspen, Utr Ut-Luu�1 ,; I, 1 7-7u. 1 iglus 1c. cad ter mo? my paint S . I ' Downy,-]1ely., to Basalt. Pre,vious;y, the busirjess, 'Yeas located at 516 E. Sleeker St. iri Aspen. This location occupied bg a paint store since the early 198M's and nos:•1blig e11`en sooner. Ha -*ever, steady increa:sas in rent, along with the most recant. dramatic, surnp in rent. has forced Summit Paint to relocate. The economic ne7;}.. '.. i•'G t .�rw........ r..: .�^u���;.+ ip.1 C�]C en �•.. .r 11 i GJI1 Ls io U. '. 4Vrrl:IIaI -I a! a1f ice r elaL-O., b.uslncs--a iurr no longer survive In Aspen paying overIg-inflater_' rent prices. In t1:e last +gear, mg pre+pious la:ndlerd r:,arted b r�..i +rQ t.S .P-.r es i 7C\?l -rl—Q, t rr1 to i CD•' 1 �� Ot t i r1.�.1 nw`ol7 u 1 qen ttIL.1 i';.,G 111 1.c.s iJi r.. 1 t.crc y- nr ii1L.� e3� blii: eff-04, welly drive tl^e alrrLttl businessmen out of Aspen. I believe that losing bu:sinasses like mg own car, onlu hurt aspen. Not only are you using a sense of whole community with nearby ayai?ability of services, you're losing good successful -itizen entrepreneurs, In addition, I feel that aspen is rot supporting businesses in the SCI one., but instead 13 i7cmving down to pressure to gradually move to .aids residential togging, farther condominiumizing Asperr. r�lt tiii:_ i`r� 2, I'm 3vkirig City Cour-11 to take 8 turn stare behind the r emaininy small uUc;nes--- currentlg located in the do--i-intovIn SCI zone, before they are gone! Sincerely, ti Sant Taylor, .-yen4- -J Summit Paint coratin g W ,_°'�o eoo �. coop b�'�oE�—' co•c Ei _ Q a, 0 N a,�v °•>,� o'o °c c,� a) E E it c� E >> c3 U yy � u y cD '•. ,� c 1 7-E2v b0 Q ' L c� n yQ .' `ma's y > c c o 3 o' o t." = c '3 s �, U .D C s Ctj u ,i O O �� 4.� TC4 Gcn Lp cr cco+-Q� a3 c°v o ..a 73 � 3�•-.c �,Y4-°° '= ape- oy-�—.t�;�c� ct c� >,=' rn c�3�3>co rAc3 cn c a> aoi OO' .s U-w.> a� a� v, > CZ rZ v n Q� 3�c•c�[ ��Vcc.00�a C .� > 0 O a ' F` .•!'.I •� � W � r+. Q� - � F.1...� 1f1 i..:(.J � -' yy .J.1 � � y � ('.1 � VJ ct ON 5'C G C G E ,Apr-16-99 09:45A Bass & CO. LAND USE APPLICATION P.06 PROJECT: REPRESENTATIVE: Name: Address: Phone #: e tSO/O CAD- I � I/ �0. TYPE OF APPLICATION: (please check all that apply): Conditional Use [] Conceptual PUD ❑ Conceptual Historic Devt. ❑ Special Review [] Final PUD (& PUD Amendment) ❑ Final Historic Development ❑ De.-agn Review Appeal ❑ Conceptual SPA ❑ Minor Historic Devt. ❑ GMQS Allotment ❑ Final SPA (& SPA Amendment) ❑ Historic Demolition ❑ GMQS Exemption ❑ Subdivision ❑ Historic Designation ❑ ESA - 8040 Greenline, Stream ❑ Subdivision Exemption (includes ❑ Small Lodge Conversion/ Margin, Hallam Lake Bluff, condom iniumization) Expansion Mountain View Plane ❑ Lot Split ❑ Temporary Use ❑ Other: ❑ Lot Line Adjustment ❑ Text/Map Amendment EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) i%as�r �s�� affa4' PROPOSAL: (description of proposed buildings, uses, modifications, etc.) /-/- Ha a you attached the following? FEES DUE: $ ! 00 [Pre -Application Conference Summary Attachment #1, Signed Fee Agreement Response to Attachment #2, Dimensional Requirements Form Response to Attachment #3, Minimum Submission Contents /Response to Attachment #4, Specific Submission Contents (}Response to Attachment 45, Review Standards for Your Application ,Apr-116-99 09:45A Bass & Co_ C P.07 Project: Applicant: Location: Zone District: Lot Size: Lot Area: ATTACHMENT 2 DIMENSIONAL REQUIREMENTS FORM (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: Zi SFProposed. 1 Number of residential units: Existing: N/ Proposed: Number of bedrooms: Existing. �/A// Proposed: N Proposed % of demolition (Historic properties only): DIMENSIONS: Floor Area: Existing: z Sf.41loivable: _ Z 9�Proposed Principal bldg. height: Existing.-­,�Allowable:Proposed: Access. bldg, height: Existing: Zof- Allowable: _Proposed: D� rOn-Site parking: Existing:_Required: _ 3� Proposed: % Site coverage: Existing: Required.- Proposed: % Open Space: Existing: Required: Proposed: 1 Front Setback: Existing: Required: Proposed: CiYASJ% ���%(Combined Rear Setback: Existing: Required. Proposed: 46WIVI 9✓Combined F/R: Existing: Required: Proposed: �JSide Setback: Existing: Required: Proposed: Side Setback: Existing: Required: Proposed: Sides: Existing: Required: Proposed: Existing non -conformities or encroachments: NO/IC/ - Variations requested. olsr�' Bass S s / p�oXi�n� �'Y o the /Vro//cr 1115c//c fo�a /%� `3� s�►a c CS. y ,5i& Egsr 91 ,EE�E� s 7-�zE�ET-- Jun-06-99 11:31A Bas: Co. P.O1 HOWARD BASS PO BOX 5078 ASPEN, CO 8161; 970-920-22?7 9'70-920-4787-FAX TO cbQ(� COtiiPANY: FAX : i� �r''f' � ' PHONE: DATE. .%Z5 PAGES INCLL DT`1GG COVER. MESSAGE:, 2 coQ v -e ce f �e C0Ai S e r o �EC,E VEa 1999 FAI A— To L ICz a o 2 3 a as��N L j0 it 1 z �k RSP 1s ►�ptr x 8 spy; >>�Gr N- �. k't'y• CRw 200 2, �z - �T6R�c As PAN i iUPOuuD L07— -j TRW S. w 21--i`- 7x�s+t- T / R 6/0 GI/JN/JE P.CfJCE A) 0 5.F L o�quo v1J �AtH Trr A`JU F-Ll:GTKIG ( ub x--�-S) E-tI-FLfri _ PAN�t-5 H�A11f�y /yy GAFA4 STOIZA Response Regarding: "Notes: Application is a conditional use, which includes an evaluation of the net employee generation impacts. The application should include an analysis of the prior use's employees and the proposed use employee generation." The prior tenants and their employees consisted of Main Street Printing with four employees and Summit Paint with three employees. The net employee generation impact would be a total of seven people. I plan on employing a total of three people including the upholsterer, a part-time assistant and myself. Response Regarding: 1.) "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. Please include existing conditions as well as proposed." 2.) Attachment 5/Review Standards: Development of Conditional Use A. "The conditional use is consistent with the purpose, goals, objectives and standards of the Aspen Area comprehensive Plan, and with the intent of the Zone District in which it is proposed to be located." Response: Mittel Europa will be a consignment, antique and second-hand furniture shop where we specialize in refurbishing and reupholstering furniture in addition to selling fabrics. The location 516 East Bleeker Street consists of two distinct 1500 square foot areas. We would like to have the back half of the building as our workshop for refurbishing and upholstering furniture, in addition to making pillows, curtains and other decorating accessories. We would also like to use this space for our warehouse and storage. In the front section, we would like to sell and display the furniture and fabrics. 516 East Bleeker is in the Service/Commercial/Industrial Zone District. We believe that Mittel Europa's concept is not in conflict with the spirit and intent of the zone district. We do not require or generate high customer traffic volumes. We expect to be a locals destination -type business rather than relying on tourist generated walk - by sales. We have three employees while the former tenants Summit Paint and Main Street Printing had a total of seven employees. Under Section 1 B. Permitted uses of the Aspen S/C/1 Zone District, we comply with: 4.) Fabric and sewing supply with up to 100% of the floor area devoted to office, show room, retail, or customer reception use. 5.) Manufacturing, repair alteration, tailoring, and servicing of consumer goods such as household appliances, electronic equipment, furniture, clothing, or sporting goods. 15.) Warehousing and storage Under Section 1 C. Conditional Uses: 3.) Sales and rental of consumer goods such as household appliances, electronic equipment, furniture, clothing or sporting goods. 4.) Consignment retail establishment for the second-hand sale of consumer goods such as household appliances, electronic equipment, furniture, clothing, or sporting goods with up to 100% of the floor area devoted to showroom, retail, reception area. 1 _5.) A permitted or conditional use which demonstrates the need for, and appropriateness of, having, in combination, more than 25% of the floor area devoted to retail sale, office, showroom, or customer reception. Response Regarding: Attachment 5/Review Standards: Development of Conditional Use B. "The conditional use is consistent and compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or enhances the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development." Response: There are four businesses in the building located at 516 East Bleeker Street. Aspen Branch is a florist. Aspen Paint is a painting contractor's office. Aspen Electric is an electrical contractor's office. Coates, Reid and Waldron have their property management offices and storage facility there. We believe that the shop will be compatible with the home improvement orientated services that these businesses are providing working with architects, contractors, designers and decorators. Response Regarding: Attachment 5/Review Standards: Development of Conditional Use C. "The location, size, design and operating characteristics of the proposed conditional use minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding properties. Response: 516 East Bleeker Street is approximately 3000 square feet designed to have half the space used as a workshop for reupholstering and refurbishing furniture acquired through selective consignment in Aspen, surrounding areas and Central Europe. There will be only three employees producing a minimum amount of trash, noise, vibrations and odor on the surrounding properties. We will be picking up and delivering items in a small truck during business hours once a week. We do not expect more than twice a year a delivery from a large cargo truck of fabrics, leather, suede and furniture which would unload into our warehouse taking less than one hour to accomplish. There are thirty-four parking spaces on the property so we do not expect any parking problems. The owners of the building are installing curbs incase of pedestrian traffic, but we are not located in the walking downtown area where traffic is considerably more heavy. I do not think that there will be any adverse visual impact and we intend to repaint and improve the building. Response Regarding: Attachment 5/Review Standards: Development of Conditional Use D. "There are adequate public facilities and services to serve the conditional use including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems and schools." Response: There are adequate public facilities and services as this is an existing building. Response Regarding: Attachment 5/Review Standards: Development of Conditional Use E. "The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use." Response: 516 East Bleeker Street is an existing building which consisted of the prior tenants Main Street Printing with four employees and Summit Paint with three employees. We employ a total of three people including the upholsterer, a part-time assistant and myself. Response Regarding: Attachment 5/11eview Standards: Development of Conditional Use F. "The proposed conditional use complies with all additional standards imposed on it by the Aspen Area Comprehensive Plan and by all other applicable requirements of this chapter. Response: It is my understanding from my pre -application conference with Chris that this building permit was an intended use in the re -write of the ordinances of the S/C/I Zone District. May-25-99 04:02P Bass & Co. P. BCS PROPERTIES, LLP PO BOX 5078 ASPEN, CO 81612 Telephone 970-924-2277 Fax 970-420-4787 May 25, 1999 I hereby authorize Corene A. NlcGcvem, 322 Park Avenue, #2, Aspen, Colorado 81611, to apply as the applicant to use approximately 3,000 sq. ft. at 530 East Bleeker Street for consignment retail. bcsmcg BCS Properties, LLP By: Ho�varc} Bass, Bing Partner i%/�cGOl�C1�IS /f�CO�ID�G ` (%�O��l 'Apr-16-99 09:42A Bass & Co. P-03 CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY PLANNER: Chris Bendon, 920.5072 DATE: 4.2.99 PROJECT: REPRESENTATIVE: OWNER: Bass/Cahn TYPE OF APPLICATION: Conditional Use DESCRIPTION: consignment retail (mostly furniture) Land Use Code Section(s) 26.28.160 SCI Zone District as Amended by Ordinance 2, Series of 1999 26.60 Conditional Uses Review by: Staff, referral agencies, Planning and Zoning Commission Public Hearing: Yes, P&Z. Applicant must post property and mail notice at least 10 days prior to hearing, or at least 15 days prior to the public hearing if any federal agency, state, county, municipal government, school, service district or other governmental or quasi -governmental agency owns property within three hundred (300) feet of the property subject to the development application . Applicant will need to provide proof of posling and mailing with a affidm,it at the public {tearing. Referral Agencies: Engineering, Housing, Fire Marshall. Planning Fees: Planning Deposit Minor (Sl 110) Referral Agency Fees: Engineering, Minor ($160); Housing, Minor ($160) Total Deposit: $1,430 (additional hours are billed at a rate of S185.hour) To apply, submit the following information: l . Proof of ownership. 2 Signed fee agreement. 3. Applicant's name, address and telephone number in a letter signed by the applicant which states the name, address and telephone number of the representative authorized to act on behalf of the applicant (owner). 4. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of tite 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. 5. Total deposit for review of the application 6. 15 Copies of the complete application packet and maps. HPC = 12; PZ = 10; GMC = PZ+5; CC = 7; Referral Agencies = l/ea.; Planning Staff = 2 7. An 8 1/2" by 1 I" vicinity map locating the parcel within the City of Aspen. Site improvement survey including topography and vegetation showing the current status, including all easements and vacated rights of way, ol'the parcel certified by a registered land surveyor, licensed in the state of Colorado. (This requirement, or any part thereof, may be waived by the Community Development Department if the project is determined not to warrant a survey document.) 9. Additional materials as required by the specific review. Please refer to the application packet for specific submittal requirements or to the code sections noted above. Apr—•16-99 O9:44A Bass Q Co. 10. A written description of the proposal and an explanation in written, graphic, or model fonn of how the proposed development complies with the review standards relevant to the development application. Please include existing 1�conditions as well as proposed. List of adjacent property owners wit}tin 300' for public hearing. Notes: Application is a conditional use which includes an evaluation of the net employee generation impacts. The application should include an analysis of the prior use's employees and the proposed use employee generation. 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. May-25-99 04:OOP Bass & Co. P.02 DEED OF TRUST This Deed of Trust is given as of theist day of November, 1994 by BC S Properties, a Colorado General Partnership whose address is P.O. Box 5078, Aspen, Colorado 81612 ("Grantor") to the PUBLIC TRUSTEE OF PITKIN COUNTY, COLORADO ("Trustee") for the benefit of: Park Avenue Investors (47.349,o); Datiid M. Sweetwood (12.54%); Julie L. Sweetwood Trust (6.27%' ); Harris A. Cahn (7.52%); Harris Silver, Trustee for Nicole Silver (3.769,o); Harris Silver, Trustee for Alexis Silver (3.76%); Ida Bass (6.27%); Howard Bass, Trustee FBO Raifiel Bass (6.27°,'O); Rose Mallen (3.45%); and Herman Mallen (2.829%) whose address is c/o Howard Bass, P.O. Box 5078, Aspen, Colorado 81612 ("Beneficiary"). WITNESSETH THAT WHEREAS, the Grantor has executed its Promissory Note of even date herewith, for the principal sum of Seven Hundred Sixty Seven Thousand Six Hundred and no cents ($767,600.00) dollars payable to the order of the Beneficiary. AND WHEREAS, Grantor is desirous to securing repayment of said Promissory Note; NOW THEREFORE, Grantor for the purposes aforesaid does hereby grant, sefl, and quit claim unto the said Trustee the following described property, situated in the County of Pitkin and State of Colorado, to wit: See Exhibit "A" attached hereto and made a part hereof TO HAVE AND TO HOLD, the same together with all privileges and appurtenances thereunto belonging in trust nevertheless, that in case of default in the payment of the Promissory Note then upon the Beneficiary hereunder filing notice and demand, it shall be lawful for said Trustee to sell said property in the manner provided by law for cash at public auction at the South front door of the Court House in the County of Pitkin in the State of Colorado, upon advertising notice of sale weekly, for not less than four weeks, in some newspaper of general circulation, and after the expiration of the time of redemption, to make and deliver to the purchaser or purchasers or his, her or their assigns, a deed or deeds of conveyance to the property sold, and out of the proceeds of such sale, after first paying and retaining all fees, charges and costs, and all money advanced for taxes, insurance and assessments, or on any prior encumbrance, with interest thereon, to pay the principal and interest due on said Promissory note, rendering the overplus (if any) unto the said Grantors, its legal representatives or assigns and at such sale, the said Beneficiary may purchase said property or any part thereof. The Beneficiary shall be entitled to bring any legal or equitable actions or proceedings to recover this security if the debt is not paid in accordance with the promissory Note and these actions may include foreclosure proceedings. In May-25-99 04:OOP Bass & Co_ P.03 the event of foreclosure, Beneficiary hereof shall also be entitled to recover from the security its reasonable attorney fees and costs. Grantor covenants that it will keep all buildings insured with a company reasonably approved by the Beneficiary for fire and extended coverage in an amount equal to the unpaid balance of said Promissory Note with loss payable to the Beneficiary, will deliver a copy of the policy to the Beneficiary and will pay all taxes and assessments against said property when due. If Grantor sW fail to pay said insurance premiums, taxes or assessments, Beneficiary may..gay the same and all such amounts shall become additional indebtedness secured hereunder. If all or any part of the property is sold or transferred by Grantor without Beneficiary's prior written consent, Beneficiary may, at Beneficiary's option, declare all the sums secured by this Deed of Trust to be immediately due and payable. IN WITNESS WHEREOF, The Grantor has hereunto set its hand and seal the day and year first above written. BCS PROPERTIES, a Colorado General Partnership By: How ass, an g General Partner ACKNOWLEDGMENT TO DEED OF TRUST STATE OF COLORADO ) COUNTY OF PITKIN ) The foregoing Deed of Trust was acknowledged before me this/ of 1995 by Howard Bass, Managing General Partner of BCS Properties, a Colorado ten:a—plarmership. WITNESS my hand and oMcial seal. My commission expires: µY COMMMION EXPIRES: tary Public JANUARY Mi= May-25-99 04:01P Bass & Co. P.04 EXHIBIT "A" A tract or parcel of land within the South 1/2 of the Southwest 1/4 of Section 7, To«ntehip 10 South. Range 84 Wost•of the Sixth Principal meridian, described as follows: Caamenclno at a point of intersectlon with the North line of the South half of the southwest one -Quarter and the Southwesterly 11ne of East Aspen Townsite, amid point bearing South 19 04148" East a d1atance of 1417.404 feet from the Weot one -quarter corner of said Section 7 and said point bearing South 43 10134" East a distance of 12.266 foot from Brame Cap Monument No. 38; , thence South 43 10134" East and along the Southwesterly lino of the East Aspen Townsits a distance of 875.864 feet to Brass Cup Monument MSM"C-1"; thence North 14 29126" East a distance of 75.029 feet to Brass'Cap monument MSM"C-2"; thence South 87 30134" East a distance of 88,957 feet to Brass CAp Monument MSM "C-3"; thence North 84 20'26" East•a distance of 164.743 feet to Brass Cap Monument MSM "C-4"; thence south 67 38'34" East a distance of 10.54 feet to Brass Cap Monument MSM "O-b5"; and the Southwesterly corner or Quit Claim Deed No. C-5796, said corner being the true point of the beginning; thence South 57 38134" Zest and along the Southerly line of said Quit Claim Deed a distance of 88.623 feet; thence South 67 20134" last and along said Southerly line of Quit Claim Deed No. C-8796 a distance of 36.98 feet to the Southeasterly corner of said Quit Claim Deed; thence North 16 38'42" Last and along the Easterly line of said Quit Claim Deed a distance of 118.68 feet to the Northeasterly corner of said Quit Claim Deed, said Northeasterly corner bears North 73 21118" West a distance of 150.00 feet from MSM Brass Cap Monument "0-684; thence continuing along the aforesaid course a distance: of 8.42 foot; thence North 76 o7'IS" west a distance of 129.012 feet; thence South 14 38142" West a distance 94.346 feet to a point, said bears North 87 38134• West a distance of 4.377 feet from the Southwesterly corner of said Quit Claim Deed marked by Brass Cap Monument MSM "0-56" ; thence South 87 39134" Zest a dlsotance of 4.377 foot to the true point of the beginning. EXCEPTINQ THEREFROM; That portion deccrlbed in Deeds•to Sport obermeyer, Ltd., a Colorado Corporation and Klaus P. Obermeyer recorded June 16, 1970 in book 240 at page 971, and recorded July 10, 1970 In Book 249 at Page 378. COUNTY OF PITKIN, STATE Or COLORADO IM LA he Ir U.&.A. t 06m1 I ri May-25-99 04:02P Bas CO. P.06 ,recorded at o _. _ - k _... M., Reception No. WARRANTY DEED THIS DEED, Madc this 23rd day of March , 19 88 I I S. JAMES MARINO i; �{ of the &Aliforni� County of State ofx)i srantor(s and 8 C S PROPERTIES, A COLORADO GENERAL PARTNERSHIP whose legal address is c/o Howard Bass, P.C. Box 5073, Aspen Colorado 81612 Recorder. of the County of , State of Colorado, granta(a): WITNESSETH, That the granionA, fur and in considershon of the sum of TEN DOLLARS ( d10, 00) and other good and valuable consideration ----------------------------------------- aouARs, the receipt and sufficiency of which is hereby ackricnvledged, has granted. bargained. sold arid conveyed, and by these presents do es grant. bargain. sell, cony, and confirm, unto the rantee(s), their heirs and assigns forercr, all the real g =Y• d S property. together with lmFtovrments. it say, situate, lying acid being to the County of Pi tk 1 n . State *(Colorado, described as follows; See Exhibit "A" attached hereto and incorporated herein by this reference. fi i also known by street and number w: t' TOGETHER with 0 and singular the hereditamena and appurtenances thereto belo"ing, or in anywise appertaining, and the reversion and tstvenions, remainder and remainders, rents, issues and profits thertor, and a!1 the c,;etc, right, title, interest, claim ant demand wt ,usciever of the gionlor(s), either is law or equity, of, in and to the above bargained premises, with the hertditamanis and appurtenances. 1 TO HAVE AND TO HOLD the said premises Ox" bargained and described with the appurtenances. unto the granteets), t he i r heirs and l assigns forever. And the graAW*, for him set f his heirs and perwnal mprescntaiives, do es covenant, grant, bargain, and agree tnand with the grantee(a), the ii Theirs and assigns, that at the time of the enseatmg and delnery of these presents, he i s weii i seized of the premises above conveyed, ha S good, sure, perfect, absoicre and indefeasible estate of inheritance, in law, in ice simple, and I ha s good right, full pw4r and authority to grant, bargain, sell and convey the some in manner and roan as aforesaid. and that the same are fmc and clear from all former and other giants, bargains, sales, hens. (axes, assessmerts, encumbrances, and resmcims of whatever kind .sr nature soever, aeon¢ EXCEPT FOR: taxes for the year 1988 payable in 1989; reservations as contained I• in United States Patent of record; SUBJECT TO: right of way as reserved in United States Patent of record; right of way and easement as set forth in instrument recorded in Book 216 at Page 396; terms, conditions, obligations and l provisions of Party Wall Agreement as contained in instrument recorded in Book 242 at Page 220; terms, conditions, provisions and obligations as set forth in *see belt The graniort s) shall and will WARRANT AND MREVER DEFEND the abovrbargalned pmm..ises In the Quiet and ,xaca5le possession of the grantee(s), their his heirs and assigns, against a;l andcvery person or persons lawfully cla g the while crony pan thereof. ,t. IN WITNESS WHEREOF. the grantor lA ha S execs ted this deed on the date set for t 0 STATE OF COLORADO i �i county,31' Pitkin I I The rur-going IrstnTert was stArto%tedited ixfoz nx phis 1 u. 21rd day or March 19 AR My v7rnmissiur expvvs Warcas my ha an`d4Iflci a& ivy PWNe * agreement recorded in Book 504 at Page 6:: assignment of lease recorded in Book 555 at Page 202. •11 in Denver, inurr "City and" No. ?33. Rty.345. WARRAYTY DEED Iry Ph000trook Racord� 3.6 MEMORANDUM TO: Plan were routed to those departments checked -off below: s> .......... City Engineer O ........... Zoning Officer *........... Housing Director O ........... Parks Department ,1.......... Aspen Fire Marshal O ........... City Water O ........... Aspen Consolidated Sanitation District O ........... Building Department O ........... Environmental Health O ........... Electric Department O ........... Holy Cross Electric O ........... City Attorney O ........... Streets Department O ........... Historic Preservation Officer O ........... Pitkin County Planning FROM: Chris Bendon, Planner Community Development Department 130 So. Galena St.; Aspen, CO 81611 Phone-920.5090 Fax-920.5439 RE: Mittel Europa Conditional Use for second-hand consignment retail 516 East Bleeker Street DATE: June 14, 1999 REFERRAL SCHEDULE DRC MEETING DATE:(note time: 1:30-3:00) June 16, 1999 OTHER REFERRALS DUE TO PLANNER: June 18, 1999 ENGINEERING REFERRAL DUE TO PLANNER: June 18, 1999 Thank you, Chris. Apr-16-99 09:51A Bass & Co. Attachment 8 P.15 County of Pitkin } AFFIDAVIT OF NOTICE PURSUANT } SS. TO ASPEN LAND USE REGULATIONS State of Colorado } SECTION 26.52.060(E) C t, _ Q� ,being or representing an Applicant to the City of Aspe , personally certify that I have complied with the public notice requirements pursuant to Section 26.52.060(E) of the Aspen Municipal Code in the following manner: 1. By mailing of notice, a copy of which is attached hereto, by first-class postage prepaid U.S. Mail to all owners of property within three hundred (300) feet of the subject property, as indicated on the attached list, on the ` day of , 199_ (which is _ aays prior to the puvuc hearing date of 2. By posting sign in a conspicuous place on the subject property (as it could be seen from the nearest public way) and that the said sign was posted and visible continuously from the _ day of , 199_, to the day of , 199_ (Must be posted for at least ten (10) full days before the hearing date). A photograph of the posted sign is attached hereto. (Attach photograph here) P Signature Signed before me this — day of 199. by WITNESS MY HAND AND OFFICIAL SEAL My Commission expires: Notary Public r� A;,r-16-99 09:42A Bass & Co. P.02 ASPENIPITKIN COMMUNITY DEVELOPMENT DEPARTMENT City of Aspen Development ,application Fee Policy The City of Aspen. pursuant to Ordinance 49 (Series of 1998), has established a fee structure for the processing of land use applications. A fiat fee or deposit is collected for land use applications based on the type of application submitted. Referral fees for other City departments reviewing the application will also be collected when necessary. One check including the deposit for Planning and referral agency fees must be submitted with each land use application, made payable to the AspenlPitkin Community Development Department. Applications will not be accepted for processing without the required application fee. A flat fee is collected by Community Development for Administrative Approvals which normally take a minimal and predictable amount of staff time to process. The fez is not refundable. A deposit is collected by Community Development when more extensive staff review is required, as hours are likely to vary substantially from one application to another. Actual staff time spent will be charged against the deposit. Several different staff members may charge their time spent on the case in addition to the case planner. Staff time is logged to the case and staff can provide a summary report of hours spent at the applicant's request. After the deposit has been expended, the applicant will be billed monthly based on actual staff hours. Applicants may accrue and be billed additional expenses for a planner's time spent on the case following any hearing or approvals, up until the applicant applies for a building permit. Current billings must be paid within 30 days or processing of the application will be suspended. If an applicant has previously failed to pay application fees as required, no new or additional applications will be accepted for processing until the outstanding fees are paid. In no case will Building Permits be issued until all costs associated with case processing have been paid. When the case planner determines that the case is completed (whether approved or not approved), the case is considered closed and any remaining balance from the deposit will be refunded to the applicant. Applications which require a deposit must include an v glopmen Application Fees. The Agreement establishes the applicant as being responsible for payment of all costs associated with processing the application. The Agreement must be signed by the party responsible for payment and submitted with the application and fee in order for a land use case to be opened. The current complete fee schedule for land use applications is listed on the reverse side. ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT C CITY nF ASPEN (hereinafter CITY) and __W.! _ (hereinafter APPLICANT) AGREE AS FOLLO\ S: APPLICANT has submitted to CITY an application (hereinafter. ]*HE PROJECT). ?. APPLICANT understands and agrees that City of Aspen Ordinance No. 49 (Series of 1998) establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a d termination of application completeness, APPLICANT shall pay an initial deposit in the amount of Swhich is for \.5a hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN APPLICANT B G� y� ie Ann Woods ommunity Development Director By: Date: Meiling Address: i MANO 00001 / W/ ZO"d -03 2 SSPS dZS=ZT 66-9T--idv s Major Minor Staff Approvals Flat Fee ASPEN/PITKIN COMMUNITY DEVELOPMENT 1999 LAND USE APPLICATION FEES HOURS 12 6 Exempt HPC Minor HPC Significant HPC <1000 sq. ft. Significant HPC >1000 sq. ft. Demolition, Partial Demolition, Relocation Referral Fees - Environmental Health Major Minor Referral Fees - Housing Major Minor Referral Fees - City Engineer Major Minor Hourly Rate DEPOSIT 2,220.00 1,110.00 460.00 255.00 65.00 120.00 312.00 624.00 1250.00 320.00 160.00 320.00 160.00 320.00 160.00 185.00 EO"d 00 IR SSP9 dZ5 = ZI 66-9i - idv