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HomeMy WebLinkAboutlanduse case.tu.720 E Durant Ave.A075-99iI(-,lvjr W%L q 2737-182-42049 A p� -4449W Kolor Wheel Temp Use 720 E. Durant Ave. s T U� COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5090 City of Aspen Land Use: 1041 Deposit 1042 Flat Fee 1043 HPC 1046 Zoning and Sign Referral Fees: 1163 City Engineer 1205 Environmental Health 1190 Housing Building Fees: 1071 Board of Appeals 1072 Building Permit 1073 Electrical Permit 1674 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. { �! TOTAL � L� ir, ; • i NAME: �� lid rl4, ADDRESS/PROJECT: PHONE: 1 . CHECK# , _4_7, CASE/PERMIT#: l-'+ '� # COPIES: DATE: INITIAL: VV RESOLUTION NO.21 (Series of 1999) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, GRANTING A TEMPORARY USE PERMIT TO THE KOLOR WHEEL OF ASPEN FOR OPERATION OF AN INSTRUCTIONAL CERAMICS FINISHING STORE WITH RETAIL SALES TO BE LOCATED AT 720 EAST DURANT AVENUE, BLOCK 106, CITY AND TOWNSITE OF ASPEN. WHEREAS, pursuant to Section 26.450 of the Aspen Municipal Code, the Applicant, The Kolor Wheel of Aspen, has submitted an application for a Temporary Use Permit to operate an instructional ceramics finishing store with retail sales at 720 East Durant Avenue for a six month period of time; and, WHEREAS, Community Development reviewed the temporary use application and recommended that the City Council deny the temporary use permit; and, WHEREAS, City Council reviewed and considered the recommendation of the Community Development Director, comments made by the Applicant, and testimony offered by members of the public during a duly noticed public hearing; and, WHEREAS, City Council finds that the proposed temporary meets or exceeds the criteria for granting a Temporary Use; and, WHEREAS, City Council finds that granting the temporary use permit will not diminish the public interest, health, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ASPEN, COLORADO,THAT: Section 1 In accordance with Section 26.450 of the Aspen Municipal Code, the City Council of the City of Aspen, Colorado, does hereby grant Kolor Wheel of Aspen a temporary use permit to operate an instructional ceramic finishing store with retail sales for a six month period of time beginning November 15, 1999, and concluding on, or before, May 15, 2000. Section 2: All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the City Council, are hereby incorporated in such plan Resolution No. , Series of 10 Page 2 is development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3• This Resolution shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 5: A duly noticed public hearing on this Resolution was held on the 13th day of September, 1999, at 5:00 in the City Council Chambers, Aspen City Hall, Aspen, Colorado. FINALLY, adopted, passed, and approved this 13th day of September, 1999. Approved as to form: ,/ W'kttorney � IW Attest: Kathryn . Koch, City Clerk Approved as to content: • PUBLIC NOTICE RE: KOLOR WHEEL TEMPORARY USE PERMIT — 720 E. DURANT. NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, May 8, 2000, at a meeting to begin at 5:00 p.m. before the Aspen City Council, City Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Melinda Goldrich, Kolor Wheel, Inc., requesting approval for a six month temporary use permit to operate an instructional ceramic finishing studio with retail sales at 720 East Durant Avenue. The property is within the Neighborhood Commercial (NC) Zone District. For further information, contact Nick Lelack at the Aspen/Pitkin Community Development Department, 130 S. Galena St., Aspen, CO (970) 920- 5095, nickl@ci.aspen.co.us. s/Rachel E. Richards, Mayor Aspen. City Council RESOLUTION NO. E-5-7 (Series of 1999) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, GRANTING A TEMPORARY USE PERMIT TO THE KOLOR WHEEL OF ASPEN FOR OPERATION OF AN INSTRUCTIONAL CERAMICS FINISHING STORE WITH RETAIL SALES TO BE LOCATED AT 720 EAST DURANT AVENUE, BLOCK 106, CITY AND TOWNSITE OF ASPEN. WHEREAS, pursuant to Section 26.450 of the Aspen Municipal Code, the Applicant, The Kolor Wheel of Aspen, has submitted an application for a Temporary Use Permit to operate an instructional ceramics finishing store with retail sales at 720 East Durant Avenue for a six month period of time; and, WHEREAS, Community Development reviewed the temporary use application and recommended that the City Council deny the temporary use permit; and, WHEREAS, City Council reviewed and considered the recommendation of the Community Development Director, comments made by the Applicant, and testimony offered by members of the public during a duly noticed public hearing; and, WHEREAS, City Council finds that the proposed temporary meets or exceeds the criteria for granting a Temporary Use; and, WHEREAS, City Council finds that granting the temporary use permit will not diminish the public interest, health, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ASPEN, COLORADO, THAT: Section 1 In accordance with Section 26.450 of the Aspen Municipal Code, the City Council of the City of Aspen, Colorado, does hereby grant Kolor Wheel of Aspen a temporary use permit to operate an instructional ceramic finishing store with retail sales for a six month period of time beginning November 15, 1999, and concluding on, or before, May 15, 2000. Section 2• All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the City Council, are hereby incorporated in such plan _esolution No. _, Series of 190 "Page 2 development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3: This Resolution shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 5: A duly noticed public hearing on this Resolution was held on the 13th day of September, 1999, at 5:00 in the City Council Chambers, Aspen City Hall, Aspen, Colorado. FINALLY, adopted, passed, and approved this 13th day of September, 1999. Approved as to form: Attest: vv;e4 Kathryn . Koch, City Clerk Approved as to content: 0 0 1407�'-V DEVELOPMENT ORDER of the City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order shall expire on the day after the third anniversary of the effective date of the Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption from expiration, extension or reinstatement is granted or a revocation is issued by the City Council pursuant to Section 26.308.010. This Development Order is associated with the property noted below for the site specific development plan as described below. Melinda Goldrich, 720 East Durant Avenue, Aspen, CO 81611 Property Owner's Name, Mailing Address and telephone number 720 East Durant Avenue, Aspen, CO 81611 Legal Description and Street Address of Subject Property Temporary Use Permit Written Description of the Site Specific Plan and/or Attachment Describing Plan Council Resolution Resolution 99-85, September 13, 1999 Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) October 22, 1999 Effective Date of Development Order (Same as date of publication of notice ol'approval.) October 13, 2002 Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) Issued this 22nd day of October, 1999, by the City of Aspen Community Development Director. Juli�nn Woods, Community Development Director G.Planning.Aspen. forms. DevOrder 0 PUBLIC NOTICE Of DEVELOPMENT APPROVAL Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: Kolorwheel at 720 East Durant Avenue of the City and Townsite of Aspen, by Resolution No. 85, Series of 1999 of the Aspen City Council. For further information contact Julie Ann Woods, at the Aspen/Pitkin Community Development Dept., 130 S. Galena St, Aspen, Colorado (970) 920-5090. s/Kathryn S. Koch, City Clerk, City of Aspen Publish in The Aspen Times on October 22, 1999. 0 '0 KI.tL'ul L/.Sl-IOZ-42U4y UAICKGVU: Id/2f/99 #GOPILS: CASENOIA075-99 CASE NAME: Kolor Wheel Temporary Use Permit PLNR: Chris Bendon PROJ ADDR:' 720 East Durant Ave- CASE TYP:' Temporary Use Permit STEPS OWN1APP: Melinda Goldrich ADR CIS/Z: PHN:- REP: Kathie Schulman -Melinda G ADR: 430 S. Spring St. CIS/Z:' Aspen/Co/81611 PHN: 925-9169 FEES DUE 1110 D 160E FEES RCVD: 1270 STAT: REFER 'all 1111� MIS 4 REF:J BY DUE: TE REV BODY PH NOTICED 1 DATE OF FINAL ACl REMARKS CITY COUNCIL: PZ: CLOSED:�Wy BY: I / DRAC PLAT SUBMITD � PLAT (BK,PG) ADMINd PUBLIC NOTICE RE: KOLOR WHEEL T'EIAPORARY USE PEkMIT — 720 East Durant Avenue. NOTICE IS HEREBY GIW- N that a public hearing will be held on Monday, September 13, 1999, at a meeting to begin at 5:00 p.m. before the Aspen City Council, City Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Melinda Goldrich, Kolor Wheel, Inc., requesting approval for a six month temporary use permit to operate an instructional ceramic finishing studio with retail sales at 720 East Durant Avenue. The property is within the Neighborhood Commercial (NC) Zone District. For further information, contact Chris Bendon at the Aspen/Pitkin Community Development Department, 130 S. Galena St., Aspen, CO (970) 920-5072, chrisb@ci.aspen.co.us. s/Rachel E. Richards, Mayor Aspen City Council Published in the Aspen Times on August 27, 1999 City of Aspen Account MEMORANDUM V11tcoo TO: Mayor and City Council THRU: Amy Margerum, City Manager John Worcester, City Attorney Julie Ann Woods, Community Dc7velopVnent Director Joyce Ohlson, Deputy Director FROM: Christopher Bendon, Planne wl RE: Kolor Wheel Temporary Use Permit — Public Hearing 720 East Durant Avenue DATE: September 13, 1999 SUMMARY: The applicant, Melinda Goldrich and Kathie Schulman of the Kolor Wheel, are requesting a temporary use permit to operate an instructional ceramic finishing studio at 720 East Durant for a six month period of time. This "paint your own ceramics" operation would be adjacent to the Caldwell Broker Real Estate Office and would include on -site firing (to finish the ceramics) and a retail sales component. The use is not listed as a permitted or conditional use in the Neighborhood Commercial (NC) Zone District. Temporary use permits may be granted by City Council for time periods up to six months. The operational style of this use and expected impacts on the surrounding properties is expected to be similar to uses already permitted in the zone. A barber shop, liquor store, food market, and video rental store are all permitted uses. However, staff does not believe this type of business is consistent with the intent and purpose of the NC Zone. The purpose of the NC zone is "to allow small convenience retail establishments as part of a neighborhood, that are designed and planned to be compatible with the surrounding neighborhood, to reduce traffic generation, and mitigate traffic circulation and parking problems, and to serve the daily or frequent trade or service needs of the neighborhood." It is this last phrase — to serve the daily or frequent trade or service needs of the neighborhood — in which staff does not believe this business conforms. In other words, a person's daily needs do not typically include the need to paint ceramics. Because staff does not believe the criteria of "consistency with the purpose of the zone district" would be served with this use, staff is not recommending approval. The Community Development Department recommends denial of the Kolor Wheel Temporary Use permit. • • BACKGROUND: A description of the business is included in the application materials. The business has operated, as an accessory use to Alien Cycles, on the same block for roughly six months. Alien Cycles is similar to the business being considered for the temporary use in that it does not necessarily serve the daily or frequent service needs of the neighborhood. Alien Cycles, however, is a non -conforming use in the NC Zone District and is allowed to continue in its specific location under the non -conforming provisions of the land use code. The Kolor Wheel has operated in the Alien Cycles store under this same non -conforming status. The non -conforming status and protection under the land use code, however, runs with a property and is not transferable to new locations. In other words, the Kolor Wheel cannot relocate their non -conformity to a new location and claim the same protection. STAFF COMMENTS: 26.450.030 Criteria Applicable to all Temporary Uses When considering a development application for a temporary use, City Council shall consider, among other pertinent factors, the following criteria as they, or any of them, relate thereto. A. The location, size, design, operating characteristics, and visual impacts of the proposed use. Staff Finding: This business is expected to have the same visual and operating characteristic as the uses that are already allowed in the building. The applicant will have to abide by Ordinances which affect the property in general such as the sign code, noise ordinance, etc. B. The compatibility of the proposed temporary use with the character, density and use of structures and uses in the immediate vicinity. Staff Finding: The NC zone allows for and contains uses with a high amount of commercial activity, deliveries, pedestrian traffic, and the general affects of commercial activity. The use will be contained within the building and not have any exterior impacts. Outdoor merchandising is not expected and is not permitted. The property is on the edge of the Commercial Core and this use is expected to be in similar character as the uses already permitted as of right. C. The impacts of the proposed use on pedestrian and vehicular traffic and traffic patterns, municipal services, noise levels, and neighborhood character. Staff Finding: The temporary use will have very little impact on the auto traffic patterns in the area. There is a high amount of pedestrian traffic in this area but the temporary use will not hinder that movement. The temporary use should not be allowed to display items in the public rights -of -way. There is not expected to be any abnormal noise events associated with this use. Noise levels are expected to be minimal and diminished by the surrounding vegetation. D. The duration of the proposed temporary use and whether a temporary use has previously been approved for the structure, parcel, property or location as proposed in the application. Staff Finding: The proposed temporary use would be for six months, from September 13.1999, to March 13, 2000. A six-month extension may be granted by City Council with a second public hearing. E. The purposes and intent of the zone district in which the temporary use is proposed. Staff Finding: The purpose of the NC zone district is "to allow small convenience retail establishments as part of a neighborhood, that are designed and planned to be compatible with the surrounding neighborhood, to reduce traffic generation, and mitigate traffic circulation and parking problems, and to serve the daily or frequent trade or service needs of the neighborhood." Staff does not believe this use serves daily or frequent trade or service needs of the neighborhood. Because staff does not believe this use meets this criteria, staff is not recommending approval of this Temporary Use Permit. F. The relation of the temporary use to conditions and character changes which may have occurred in the area and zone district in which the use is proposed. Staff Finding: The uses allowed in the NC zoning are of similar characteristics and impact on surrounding parcels as this temporary use. The amount of retail use, traffic, pedestrian activity, and general effects upon the neighborhood are expected to be identical to those of the uses that are allowed in the NC zone. This zone district, however, is intended to serve the daily needs of the surrounding neighborhood in which the parcel exists. The character of the uses in the immediate area serve these daily needs. This proposed use, however, does not serve a daily need and there are no changes in the area that necessarily support this use. G. How the proposed temporary use will enhance or diminish the general public health, safety, or welfare. Staff Finding: This use is not expected to enhance or diminish the public health, safety, or general welfare. RECOMMENDATION: The Community Development Department recommends denial of the Kolor Wheel Temporary Use finding that criteria "E" regarding consistency with the purpose of the zone district is not met by this temporary use. PROPOSED MOTION: "I move to approve Resolution No.15, Series of 1999 - a temporary use permit for the Kolor Wheel." (Motions should be made in the positive, even if the intent of the motion maker is to deny the application. This is to eliminate the confusion of a failed motion to deny an application. Motion makers need not vote according to their motion.) CITY MANAGER COMMENTS: ATTACHMENTS: Exhibit "A" — Application Exhibit `B" — Location Map C:\home\CHRISB\CASES\KolorWheel\CC—MEMO.doc • Exhibit 15 J F HYMN AVF -, r ERA l l " \1!46,h F COOPER AVF E COOPER AVE ILI FIN it*; i 720 East Durant EOORgryT /* AVE i 5 FANsr mot' o -- e AL 200 0 200 400 Feet WATERS AVE r Location Map r ASPEN/PITKIN 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 flat 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 Aspen/Pitkin 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 predi,- :able amount of staff time to process. The fee 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. Stair 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 Agreement for Payment of Development 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 Agreement for Payment of City of Aspen Development -Application Fees CITY OF ASPEN (hereinafter CITY) and (hereinafter APPLICANT) AGREE AS FOLLOWS: APPLICANT has submitted to CITY an application for (hereinafter, THE PROJECT). 3. 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 :_nd/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 prio to a determination of appE-ation completeness, APPLICANT shall pay an initial deposit in the amount of $ M which is for hours of C )mmunity 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 By I& 1-�, ie Ann Woods ommunity Development Director APPLICANT By; Dal Mailing Address: S 5 AV ✓c S� ASPEN/PITKIN COMMUNITY DEVELOPMENT 1999 LAND USE APPLICATION FEES CATEGORY HOURS DEPOSIT FLAT FEE Major 12 2,220.00 Minor 6 1,110.00 Staff Approvals 460.00 Flat Fee 255.00 Exempt HPC 65.00 Minor HPC 120.00 Significant HPC <1000 sq. ft. 312.00 Significant HPC >1000 sq. ft. 624.00 Demolition, Partial Demolition, Relocation 1250.00 Referral Fees - Environmental Health Major 320.00 Minor 160.00 Referral Fees - Housing Major 320.00 Minor 160.00 Referral Fees - City Engineer Major 320.00 Minor 160.00 Hourly Rate 185.00 Public notice 1. General. Prior to a public hearing on a development application, notice shall be provided to the public, pursuant to the terms of this section. Table 6-101 establishes the steps in the development review process at which time notice is to be given. 2. Content of notice. Every notice shall include the name and address of the applicant, the type of development application sought, date, time and place of the hearing, the address and legal description of the subject property if applicable, a summary of the development application under consideration, and identification of the decision -making body conducting the hearing and such other information as may be required to fully apprise the public of the nature of the application. 3. Manner of notice. Every notice shall be given in one or more of the following manners, as specified in Section 26.52.060(E)(4). a. Publication of notice. Publication of notice shall be provided by the planning agency at least fifteen (15) days prior to the public hearing through publication in an official paper or a paper of general circulation in the City of Aspen in the legal notice section. The content of the notice shall be that described in Section 26.52.060(E)(2). b. Posting of notice. Posting of notice shall be made by the applicant, who shall obtain a copy of the form from the planning agency, which shall be posted at least ten (10) days prior to the public hearing, by posting a sign in a conspicuous place on the property subject to the development application. The sign shall be made of suitable, waterproof materials, shall be not less than twenty-two (22) inches wide and twenty-six (26) inches high, and shall be composed of letters not less than one inch in height. The content of the notice shall be that described in Section 26.52.060(E)(2). N C. Mailing of notice. Mailing of notice shall be made by the applicant, who shall obtain a copy of the notice from the planning agency, which shall contain that information described in Section 26.52.060(E)(2). At least ten (10) days prior to the public hearing, notice shall be sent by first class, postage prepaid U.S. mail, or at least five (5) days if sent by hand delivery, to all owners of property within three hundred (300) feet of the property subject to the development application, and at least fifteen (15) days prior to the public hearing, notice shall be sent by first class, postage pre -paid U.S. mail or hand delivery to any federal agency, state, county, municipal government, school, service district or other governmental or quasi -governmental agency that owns 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. County of Pitkin } AFFIDAVIT OF NOTICE PURSUANT } ss. TO ASPEN LAND USE REGULATION State of Colorado } SECTION 26.304.060 (E) being or representing an Applicant to the City of Aspen, personally certify that I have complied with the public notice requirements pursuant to Section 26.304.060 (E) of the Aspen Land Use Regulations 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 with three hundred (300) feet of the subject property, as indicated on the attached list, ( n the 61 day of A U(t'UST 1995 (which is days prior to the public hearing date of- Se"I C(q9 2. By posting a 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 a�day of �00,&T , 1991 (Must be posted for at least ten (10) full days before the hearing date). A photograph of the posted sign is attached hereto. Sign ture Signed before me this 22 / day VS ,199�by McAmdu. 6��,inA WITNES D AND FFICIAL SEAL My co ;A1 P W ABRAHAM EDWARD A 1125 E 17TH ST STE E218 SANTA ANA, CA 92701 ALLENDE FERNANDO PO BOX 4232 ASPEN, CO 81612 ANDERSON CARLOS C/O JUDITH NORMAN 2040 FRANKLIN ST #507 SAN FRANCISCO, CA 94109 APPEL ROBERT APPEL HELEN IN JOINT TENANCY 700 PARK AVE 18-A NEW YORK, NY 10021 ADAM P T PO BOX 607 ASPEN, CO 81612 ALVARADO-RIOS HECTOR PALMIRA 151 CUERNAVACA MORELOS MEXICO, 62499 ANDERSON CARLOS A CH TRUST 1/2 WARD KIRK 1/2 617 E COOPER AVE ASPEN, CO 81611 ASPEN B COMMERCIAL PROPERTIES EMMY LOU BRANDT C/O PO BOX 3151 ASPEN, CO 81612 ASPEN CONDO LLC ASPEN SQUARE VENTURES LLP FARAGO JOSEPH V REALTORS LTD C/O M & W PROPERTIES C/O 205 S MILL ST STE 301A 2034 N CLARK ST ASPEN, CO 81611 CHICAGO, IL 60614 BALL WILLIAM C PO BOX 8930 ASPEN, CO 81612 BARGE RENE 408 31 ST ST NEWPORT BEACH, CA 92663 BELL MOUNTAIN LIMITED LIABILITY CO 720 E COOPER AVE ASPEN, CO 81611 BERSCH BLANCHE C TRUSTEE OF BERSCH TRUST 9642 YOAKUM DRIVE BEVERLY HILLS, CA 90210 BANACH MARY ANN 1931 N WINCHESTER AVE CHICAGO, IL 60622 BARRETT KAREN B 1397 VAIL VALLEY DR VAIL, CO 81657 BELSKY PETER R ASHTON CHEMICAL CORP 8955 KATY FREEWAY STE 101 HOUSTON, TX 77024 BERSCH TRUST 9642 YOAKUM DR BEVERLY HILLS, CA 90210 AJAE LIMITED PARTNERSHIP A COLORADO PARTNERSHIP 1501 N PIERCE STE 112 LITTLE ROCK, AR 72207 AMMONS DAVIS 14642 E CHERRY CREED RD LARKSPUR, CO 80118 ANDERSON ROBERT M & LOUISE E 1021 23RD ST CHETEK, WI 54728 ASPEN CHATEAUX DEVELOPMENT COMPANY WALLEN WILLIAM L IV C/O PO BOX 2484 ASPEN, CO 81612 BAILEY LEAH S TRUST PO BOX 851 BEREA, OH 44017 BANKS LIVING TRUST 2004 STANOLIND MIDLAND, TX 79705 BARROW MICHAEL E PO BOX 9199 N LITTLE ROCK, AR 72119 BERKOWITZ KAREN PO BOX 35 BROOKLANDVILLE, MD 21022 BLEDSOE WALTER A JR 804 MERCHANTS BANK BLDG TERRE HAUTE, IN 47807 BLISS ELIOT BLIZZARD VIVIAN FRANCO BLOCH PETER K TRUST BLISS ANN BLIZZARD STEPHEN B C/O BLOCH PETER K TRUSTEE 19130 SYLVAN ST 805 E COOPER #7 2 OTTERVILLE ROAD RESEDA, CA 91335 ASPEN, CO 81611 NEW LONDON, NH 03257-4205 BLOCK 106 ASSOCIATES • ASPEN INVESTMENT CAPITAL CORP BODEN ROBERT DEANE 40% BONCZEK ROBERT R PO BOX 296 910 LOVERING AVE C/O C/ E DURANT AVE WOODY CREEK, CO 81656 WILMINGTON, DE 19806 7 10ASPEN, CO 81611 BOWDEN ROBERT BRADLEY EDWARD JR BRADLEY MARK A PO BOX 1470 60 MINUTES C/O PO BOX 1938 ASPEN, CO 81612 555 W 57TH ST BASALT, CO 81621 NEW YORK, NY 10019 BREMER DR MALCOLM MD BRENNAN ADRIENNE DOYLE BRONSON RICHARD L & BONNIE L 3263 AVALON PL 11 SEA ISLAND DR 208 JUNIPER HOUSTON, TX 77019 NEWPORT BEACH, CA 92660-5133 LEE'S SUMMIT, MO 64064 BROWN GORDON H & ANN BROXMEAD INVESTMENTS LTD CALGI RAYMOND D & ANNE A LINNECKE CARL C/O PO BOX 1485 134 TEWKESBURY RD HUTCHINSON, KS 67504 215 S MONARCH STE 101 SCARSDALE, NY 10583 ASPEN, CO 81611 CARAS STACY JOAN CARRILLO JOSEPH & MARIE CAVES KAREN WHEELER PO BOX 266 236 HENRY ST 1221 WEST COAST HWY #207 PALOS VERDES ESTATES, CA 90274 BROOKLYN HEIGHTS, NY 11201 NEWPORT BEACH, CA 92663 CHAMBERS F CHAIKEN WILLIAM CHAMBERLAIN BEVERLY M CHAMBERS CHRISTINE J - JT CHRI 7328 E PRINCETON 3548 N BROOKHAVEN LN TENANTS DENVER, CO 80237 TUCSON, AZ 85712-5456 830 E DURANT ASPEN, CO 81611 CHATEAU CHAUMONT CONDO CHERAMIE ALBERT A & MARY W CIRCLE 5 LLC ASSOC 19/22 INT PO BOX 453 C/O CRW 139 CHERAMIE LN ASPEN, CO 81612 720 E HYMAN AVE GOLDEN MEADOW, LA 70357 ASPEN, CO 81611 CITY MARKET INC CLARY MARSHALL D & SHARRON A CLEMENT FAMILY TRUST PO BOX 729 TRUST CLEMENT KENNETH L & CHRISTINE GRAND JUNCTION, CO 81502 939 COAST BLVD #6C D TRUSTEES LA JOLLA, CA 92037 PO BOX 709 BIG BAR, CA 96010 CLIFFORD MRS MARGARET JOAN COFFY HELEN A TRUSTEE OF THE COLMAN ROBERT TRUST COFFY HELEN A TRUST 146 WILD TIGER RD 610 SANTA MONICA BLVD BOULDER, CO 80302 950 C S ORANGE GROVE BLVD SANTA MONICA, CA 90401 PASADENA, CA 91105 CORDUROY CRUISERS LLC CORNELISSEN TOM CORREIA JOHN E C/O HOLLAND & HART 3134 DEAN CT 6730 E NORTHWEST HWY 600 E MAIN ST MINNEAPOLIS, MN 55416-4386 DALLAS, TX 75231 ASPEN, CO 81611 CORTRIGHT KEVAN J 1/3 INT CRAFT LESTER R JR CRAFT LESTER R JR 3806 PHEASANT LN 2605 SPRINGWOOD DR 2605 SPRINGWOOD DR WATERLOO, IA 50701 GREENBORO, NC 27403 GREENSBORO, NC 27403 DALY CAROL CENTER DAY HARRY D & JERROLD K DE CONINGH EDWARD H JR 300 PUPPY SMITH ST #205-305 PO BOX O 80 PHEASANT RUN DR ASPEN, CO 81611 MIDDLE HADDEN, CT 6456 CHAGRIN FALLS, OH 44022 DIBRELL CHARLES G JR DILL CHARLOTTE K 1/2 INT DILL FRED H DIBRELL FRANCES MICHALKE DILL FRED 1/2 INT 411 BROOKSIDE AVE 24 ADLER CIR 411 BROOKSIDE AVE REDLANDS, CA 92373 GALVESTON, TX 77551-5828 REDLANDS, CA 92373 DIRKES JAMES T DIRKES PETER R DORSEY THOMAS F III DIRKES AND COMPANY 324 FOXWOOD LN 4524 S ALTON ST P O BOX 942 MILL NECK, NY 11765 ENGLEWOOD, CO 80110 MARBLEHEAD, MA 01945-0942 DUNN DOROTHY V & DENNIS G DURANT AND ORIGINAL EDWARDS BROOKE 705 RIDGE RD ASSOCIATES INC 3520 PADDOCK RD ORWIGSBURG, PA 17961-2221 730 E DURANT ST WESTON, FL 33331-3521 ASPEN, CO 81611 ELLERON CHEMICALS ENCLAVE UNIT 9 LTD ENSIGN BEVERLY C 1/2 INT CORPORATION OATES HUGHES & KNEZEVICH PC DELAPLANE MURIEL C 1/2 INT 5847 SAN FELIPE STE 4210 C/O 88 INDIAN SPRINGS DR HOUSTON, TX 77057 533 E HOPKINS 3RD FLR FORSYTHE, GA 31029 ASPEN, CO 81611 EUBANK B DALE FEHR EDITH B REVOCABLE TRUST FELLA HENRY 1000 DELORES WAY #5 294 ROUND HILL RD PETZOLD JOHN CARBONDALE, CO 81623-2241 GREENWICH, CT 6831 117 4TH ST MANHATTAN BEACH, CA 90266 FELLA HENRY & PETZOLD JOHN A FERREIRA FRANK NILES LAURENCE E 822 BOY ST N S FERREIRA ELAINE M 822 BOYLSTON ST #203 117 4TH ST CHESTNUT HILL, MA 2167 116 WHEELER ST MANHATTAN BEACH, CA 90266 REHOBOTH, MA 2769 FLY MARIE N FODOR BARBARA LOWE & PETER FODOR PETER B MD 7447 PEBBLE POINTE BELA- 10245 CENTURY WOODS DR 10245 CENTURY WOODS DR WEST BLOOMFIELD, MI 48322 CENTURY CITY, CA 90067 CENTURY CITY, CA 90067 GABERMAN RICHARD M & PAVA FRIEDMANN PHILIP & DEBORAH JEREMY TRUSTEE GARRISON LELAND M TRUSTEE 1325 N ASTOR GRINSPOON HAROLD CHILDREN'S 4817E 2ND ST CHICAGO, IL 60610 FAMILY TRUST LONG BEACH, CA 90803 380 UNION ST STE 300 WEST SPRINGFIELD, MA 1089 • GLORY HOLE CONDOMINIUM ASSOC 0 GILBERT ARTHORA ASPEN CLUB C/O GLUCK CAROLE E 1556 ROYAL BLVD 176 E 71 ST ST GLENDALE, CA 91207 730 E DURANT AVE NEW YORK, NY 10021 ASPEN, CO 81611 GODBOLD EDMUND O 524 COLONY DR HARTSDALE, NY 10530 GORDON LETICIA 4101 QUAIL PARK DR W DES MOINES, IA 50265 GREWAL JASJIT SINGH ECHO RIDGE RANCH 1 ECHO CANYON RD PAGOSA SPRINGS, CO 81147 HANSEN CHRISTOPHER C PO BOX 773 TUXEDO, NY 10987-0773 HEMP SUZANNE H & MARLY P JR TRUSTEES FOR THE SUZANNE HEMP LIVING TRUST 15470 POMONA RD BROOKFIELD, WI 53005 HOPELY-INVESTMENTS HOFER ROY E C/O 455 N CITYFRONT PLAZA DR STE 3600 CHICAGO, IL 60611 GOODROE SHIRLEY A 518 WASHINGTON MALL REAR CAPE MAY, NY 8204 GRABB WILLIAM C DR GRABB COZETTE T 1961 BOULDER DR ANN ARBOR, MI 48104 GUILBEAU ANTHONY GUILBEAU NORMA C 205 CHERMIE LN GOLDEN MEADOW, LA 70357 HAROLD GRINSPOON CHILDRENS FAMILY TRUST A MASSACHUSETTS TRUST 380 UNION ST WEST SPRINGFIELD, MA 1089 14ENDRICKS SIDNEY 6614 LAKEVILLE HWY PETALUMA, CA 94954-9256 HOVDESVEN BAYARD Y PO BOX 3810 ASPEN, CO 81612 HURWIN DUFFY & RON REVOCABLE IACONO THOMAS TRUST 7280 E GREY FOX LN 558 TONAYA DR TUCSON, AZ 85750 TIBURON, CA 94920 JACOBS NORMAN JACOBY JON E M JACOBS JERI STEVENS INC C/O 2105 HYBERNIA DR I I I CENTER ST BOX 3507 HIGHLAND PARK, IL 60035 LITTLE ROCK, AR 72203 GORDON LETICIA 4101 QUAIL PARK DR W DES MOINES, IA 50266 GRAY JOHN D GRAY ANN MILLIGAN - JT TENANTS 1416 N ASTOR ST CHICAGO, IL 60610 H E REINERT HOLDINGS CORPORATION 161 MAC LAREN ST OTTOWA ONTARIO CANADA, K2P OK8 HARPER ROBERT H 391 SHERDIAN RD WINNETKA, IL 60093 HOFFMAN FRANCIS P TRUSTEE OF HOFFMAN REV TRUST 231 INVERNESS LN SCHEREVILLE, IN 46375 HUNKE CARLTON J 614 19TH AVE S FARGO, ND 58103 IL REAL CO C/O OLD KENT BANK 105 S YORK ST ELMHURST, IL 60126 JEFFRIES JANET ODLE TRUSTEE OF THE JEFFRIES JANET ODLE TRUST 500 HUNTINGTON DR ANN ARBOR, MI 48104 JOHNSON DON KANN RONALD C/O GELFAND RENNERT & FELDMAN KANN MARIA BEATRIZ DE OLIVEIRA K 16 VISTA GARY L OL 1880 CENTURY PARK E STE 900 COSTA LAS VISTA DEL 891 LOS ANGELES, CA 90067 AL MIN ROCHA AZEVEDO 961 CASA LAS VEGAS, NV 89120 SAO PAULO SP BRAZIL, 01410-003 • KATELL LINDA J TRUSTEE OF THE KATELL LINDA J LIVING TRUST 1120 VIA MIRABEL PALOS VERDES ESTATES, CA 90274- 1622 KELSEY PRESTON & TERRY . 2 MIDDLE RD CHERRY HILLS VILLAGE, CO 80110 KLEIMAN SCOTT G 3910 AUSTELL RD AUSTELL, GA 30001 KRAJIAN RON 617 E COOPER AVE # 114 ASPEN, CO 81611 LEINER MICHAEL & ROSE ANN 901 E 233 ST CARSON, CA 90745 LIVINGSTON DAVID R 1003 PARCHMENT DR SE GRAND RAPIDS, MI 49546 MAVROVIC ERNA 530 E 72ND ST APT 15-C NEW YORK, NY 10021 MCDONALD PATRICIA J DECL OF TRUST MCDONALD PATRICIA J TRUSTEE 5514 CALUMET AVE LA JOLLA, CA 92037 MILLER MORTGAGE CO C/O CALVIN CHAMBERLAIN 37000 WOODWARD AVE STE 101 BLOOMFIELD HILLS, MI 48304 KEENAN MICHAEL E 1574 GULF RD APT 1501A POINT ROBERTS, WA 98281 KELSO JOAN H C/O TAX ASSESSMENT ASSOC 1777 NE LOOP 410 STE 1250 SAN ANTONIO, TX 78217 KLIKA YVONNE S 32415 BURLWOOD DR SOLON, OH 44139 LANDL KARL G 6 W RIDGE AVE PROSPECT HEIGHTS, IL 60070 KELLY SIMON P TRUST 50% KELLY NORA D TRUST 50% 0018 LUPINE DR ASPEN, CO 81611 KIRCH WALTER ;PO BOX 1937 VAIL, CO 81657 KOVACH MARY SUSAN 7 ROCKY KNOLL IRVINE, CA 92612 LEENEY JACK W 45590 RANCHO PALMERAS DR INDIAN WELLS, CA 92210 LEVITT MADELYN M 50% LEVITT JEANNE S TRUSTEE 49% & ET LIMING TERRY AL 315 S GALENA ST 6001 MONTROSE RD STE 600 C/O ASPEN, CO 81611 NELLIS CORP ROCKVILLE, MD 20852 LUCIANO MICHAEL S 450 S ORIGINAL STREET APT 1 ASPEN, CO 81611-2073 MAX NATTERER INVESTMENTS LTD 2880 CARLING AVE STE 104 OTTAWA CANADA, K2B 721 MCLAUGLIN WILLIAM MCLAUGLIN MARTHA 7701 LEGACY DR PLANO, TX 75024-4002 MOEN DONNE P MOEN ELIZABETH A 8 CABALLEROS RD ROLLING HILLS, CA 90274 LUPOW SCOTT & ANITA S 1907 COUNTRY CLUB DR CHERRY HILLS, NJ 8003 MAXON BERT J QPR TRUST 1125 LAKE COOK RD APT 406 NORTHBROOK, IL 60062 MIKI PO BOX 444 ASPEN, CO 81612 MOEN ELIZABETH A MOEN DONNE P 8 CABALLEROS RD ROLLING HILLS, CA 90274 MOSCOE THOMAS D & MARLENE N S N ASSOCIATES INC NAGEY DAVID A & ELAINE 14700 ROCKBOROUGH RD A NEW YORK CORPORATION TRAICOFF MINNETONKA, MN 55345 11051 W ADDISON ST 3 BEACH DR FRANKLIN PARK, IL 60131 SHERWOOD FOREST, MD 21405-9999 NEUMAN MARK A & NANCY 11 THIRD ST RYE, NY 10580 PARADISE TRADING PTY LTD TRUSTEE OF THE JEANES FAMILY TRUST PO BOX 7795 GOLD COAST MAIL CENTER BUNDALL QLO 4217 AUSTRALIA, PASTEL LINDA COMM HOLDINGS CORP - C/O 825 E COOPER ST ASPEN, CO 81611 PHILLIPS STEPHANIE 985 FIFTH AVE NEW YORK, NY 10021 POLICARO DON F POLICARO JOANNA AS JOINT TENANTS PO BOX 11704 ASPEN, CO 81612 R & R INVESTMENTS A CALIFORNIA PARTNERSHIP 15238 OAK VALLEY RD RAMONA, CA 92065 REAL ESTATE BROKERS DURANT MALL PARTNERSHIP 720 E DURANT ST ASPEN, CO 81611 REITZ RALPH KERMIT & IVA JEAN TRUSTEES 1925 CARMEL DR LAWRENCE, KS 66047 ROSS JOHN F ROSS GLADNEY C/O 33 PORTLAND PL ST LOUIS, MO 63108 0 40 NEWSOM JAMES T NORDAN JOSH ONE KANSAS CITY PL 1200 MAIN ST 110 WEST C ST STE 1901 KANSAS CITY, MO 64105 SAN DIEGO, CA 92101 PARIMAR LIMITED A JERSEY ISLAND CO PARTRIDGE JAMES J & JEAN C ABACUS LONDON LIMITED C/O 140 COVINGTON DR 32 LANCASTER MEWS BLOOMINGDALE, IL 60108-3105 LONDON ENGLAND, W2 PEARSON FRED H 10 S LASALLE ST 12TH FL CHICAGO, IL 60603-1099 PIZZUTI WILLIAM J 750 HANNA BIRMINGHAM, MI 48009 POLLOCK PERRY PO BOX 950 ASPEN, CO 81612 PETERSON CHRISTY 2233 S CAMINO REAL PALM SPRINGS, CA 92264 POAG SARA M & MORGAN REES PRICE JANIE PACE ALL AS TENANTS IN COMM 1801 CARLISLE RD GREENSBORO, NC 27408-5715 3/4 INT PRICE JAMES L PRICE JULIA P 32670 WOODSDALE LN SOLON, OH 44139 RADER RONALD B 6790 BURTONWOOD W BLOOMFIELD, MI 48322 RED FLOWER PROPERTIES CO A PARTNERSHIP ONE HUNTINGTON QUAD STE 2515 MELVILLE, NY 11747 RIEDEL JOYCE L TRUST PO BOX 3006 EDWARDS, CO 81632-3006 ROSS LUCIANNA G 33 PORTLAND PL ST LOUIS, MO 63108 RAINBOW TRUST PO BOX 2817 5221 EL MIRLO RANCHO SANTA FE, CA 92067 RED FLOWER PROPERTIES CO A PARTNERSHIP ONE HUNTINGTON QUAD STE 2515 MELVILLE, NY 11747 ROGENESS GRAHAM A ROGENESS RUTH ANN 3046 COLONY DR SAN ANTONIO, TX 78230 RUBENSTEIN ALAN B RUBENSTEIN CAROL S 57 OLDFIELD DR SHERBORN, MA 1770 S A CO INC SANDIFER C WESTON JR PO BOX 15514 DAY WILLIAM A JR SALMON D JR SANDIFER DICKSIE LEE 14 10226 FIELDCREST DR ARLINGTON, VA 22215 2836 WOOD DUCK DR OMAHA, NE 68114 VIRGINIA BEACH, VA 23456 .• •` • SASLOVE JOSHUA REAL ESTATE BROKERS LTD 300 S HUNTER ST ASPEN, CO 81611 SC1 NURMAN ALAN J SCHNURMAN JUDITH - JT TENANTS 63 WALL ST NEW YORK, NY 10005-3062 SATKUNAS THOMAS P 0096 HOPI CARBONDALE, CO 81623 SCHUBINER CRAIG E PO BOX 7067 BLOOMFIELD HILLS, MI 48302 SEGUIN ARTHUR J TRUSTEE OF SEGUIN JEFF W AND MADALYN B TRUST UNDER TRUST SEGUIN MARY E TRUSTEE OF TRUST PO BOX 8852 4944 CASS ST #1002 ASPEN, CO 81612 SAN DIEGO, CA 92109-2041 SHERWIN GREGORY 2992 SHADOW CRK DR M302 BOULDER, CO 80303 SKILKEN STEVE SKILKEN LYNNE 383 S THIRD ST COLUMBUS, OH 43215 SPAR CONSOLIDATED MINING & DEVELOPMENT PO BOX 799 ASPEN, CO 81612 TAYLOR JOHN C TAYLOR MARIANNE K 0157 SAM GRANGE CT CARBONDALE, CO 81623-9774 V M W TRUST OF 1991 301 N LAKE AVE STE 310 PASADENA, CA 91101 VIEREGG R TODD 999 N LAKE SHORE DR CHICAGO, IL 60611 SHIFRIN GEORGE PO BOX 12280 ASPEN, CO 81612 SODERLING RONALD E TRUSTEE C/O RESCO 1400 N BRISTOL ST STE 150 NEWPORT BEACH, CA 92660-2911 TADVICK THOMAS GARY & CAROL LEE 2354 N 7TH ST GRAND JUNCTION, CO 81501 TERMINELLO DENNIS J TERMINELLO KERRY L AS JOINT TENANTS 67 ELMONT AVE PORT CHESTER, NY 10573 VALERIO JAMES VALERIO LANETTE P O BOX 1376 ASPEN, CO 81612 WALDRON K BRENT AND WALDRON CONSTANCE K 720 E HYMAN AVE ASPEN, CO 81611 • SAUNDERS ROBERT C SAUNDERS SALLY B 7310 LANCET CT OKLAHOMA CITY, OK 73120 SEAY GERALD R C/O INTERWEST 710 E DURANT AVE ASPEN, CO 81611 SHERWIN GREG 1/2 INT ELKINS CHRISTINE 1/2 INT 2992 SHADOW CRK DR M302 BOULDER, CO 80303 SKEGBY HOLDINGS LTD CAJ REALTY C/O PO BOX 1168 ASPEN, CO 81612 SOLHEIM J MICHAEL 525 S ORIGINAL UNIT A ASPEN, CO 81611 TARBY THOMAS N REV LIVING TRUST 18417 PELLETT DR FENTON, MI 48430 UNCAPHER BILL PO BOX 2127 LA JOLLA, CA 92038 VARADY LOTHAR M & CHERYL G 774 MAYS BLVD STE 10-432 INCLINE VILLAGE, NV 89451-9613 WALLEN MERT 36 OCEAN VISTA NEWPORT BEACH, CA 92660 WALLEN WILLIAM L 1/10 INT MARCHIONNE ANNE C TRUSTEE 5/10 WAMPLER FAMILY TRUST WARNKEN MARK G INT 1501 LINCOLN LANE 1610 JOHNSON DR 4136 N KEDVALE UNIT C NEWPORT BEACH, CA 92660 STILLWATER, MN 55082 CHICAGO, IL 60641 WEHRLY JEAN ANCILLARY TRUSTEE WEIGAND N R WATERS & LESLIE T RACHLIS JULIE B TRUST WEIGAND M C 821E COOPPERER AVE OLD KENT BANK 105 S YORK ST 150 N MARKET ASPEN, CO 81611-2015 ELMHURST, IL 60126 WICHITA, KS 67202 WEIGAND N R JR & M C 9130 E LAKEPOINT WICHITA, KS 67208 WEST BRIGITTA ULLA 1490 REDHILL RD OAKLAND, OR 97462 WHITMAN WAYNE & FRAN UND 1/2 INT PO BOX 457 CLEARWATER, FL 33757-0457 WILSON JOSEPH B UND 50% INT MOY JANE W UND 50% INT 720 E DURANT AVE STE 104 ASPEN, CO 81611 WOLFORD PETER R 730 E DURANT AVE ASPEN, CO 81611-2072 ZENSEN ROGER ZENSEN MARIANN 411 BOREL AVE STE 600 SAN MATEO, CA 94402 WEIGAND NESTOR R JR 150 N MARKET WICHITA, KS 67202 WHEELER KIPPERT R 3211 BONNYBROOK DR W LAKELAND, FL 33803 WILMAC ASSOC C/O MC QUOWN J A 98 MAIN ST #01 BELVEDERE TIBURON, CA 94920- 2566 WINE RICHARD A 65 E INDIA ROW #29D BOSTON, MA 2110 WRIGHT STEPHEN P 803 E DURANT AVE #2 ASPEN, CO 81611 WEISS KATHY D 1609 COUNTY RD 112 CARBONDALE, CO 81623 WHITE ROYAL O & JOANNE M 2000 SOUTH BAY SHORE DR #7 COCONUT GROVE, FL 33133 WILSHIRE COMPANY 15 ALTARINDA RD STE 110 ORINDA, CA 94563 WOHLGEMUTH JANI JENNIFER TRUSTEE OF WOHLGEMUTH TRUST PO BOX 9836 GLENDALE, CA 91226-0836 YAMAGATA YUMIKO 1100 BROOKLAWN DR LOS ANGELES, CA 90077 which is located adjacent to Aspen vergreens that ensure your privacy. Ti and is only minutes walk to the )Nr'a!► EYIG� �ro.FeisA&uixe>< 25-6388 e Cell (970) 379-5501 CLEANERS AJUN CLEANERS CLEANERS 41 US Hwy 6 & 24 lateen in West Glenwood Plaza) II Service Dry Cleaning Ming & alterations in Service ish Service Available ather Cleaning TING FORK VALLEY ....Return Wednesday ........Return Friday ......Return Monday SPRINGS or delivery Wednesday Lip or delivery Thursday ickup or delivery Friday 'ickup only on Saturday kup or delivery Monday kup or delivery Tuesday Hours: M-F•8am-5p.m Free Pick -Up & Delivery Arrangements Deputy County Clerk Published in The Aspen Times on August 28, 1999.(48029) PUBLIC NOTICE CE IS HEREBY GIVEN TO THE GENERAL. BLIC: On August it. 1999, the Board of County Commissioners of Pitkin Cot ny, Colorado, adopted Resolution 99-144 glatKing ` special review approval of a rlehdted dwelling unit on the White/Pa9nta The subject property is deKAbed as • find land situated in the Sm*b d � p nge86 Township 9 South, RaOf GW Pdncipal Meridian. u& ifrW411 of al safte Sipe, ty b7W -&-js %4&E: ar DaO�m A,ag,ast 2& Luc �,-npN 26.104.100, 4AND SECTION 26.510, :D f4s ;45 F IS HEREBY GIVEN that a public hearing y� taeld on Tuesday, September 13, 1999 at a to begin at s:oo p.m. before the Aspen CRY Council. City Council, City Hall, 130 S. t,elena st., Aspen, to consider an application submitted by City of Aspen Community tevelopment Department, requesting approval for a Proposed Code Amendment to Section 26.104.100, Definitions, and Section 26.510. Signs, revising the definition of 'Sign•" The pro- posed code amendment would change the defi- nition of -sign- to exclude window displays. For further information, contact Sarah Oates at the Aspen/ Pitkin Community Development Department, 130 S. Galena St., Aspen, CO (970) 920.5441 or by e-mail at saraho@daspen.co.us. s/Rachel E Richards, Mayor Aspen City Council Published in The Aspen Times on August 28, 1999. (48024) PUBLIC NOTICE NOTICE OF AVAILABILITY OF ANNUAL RETURN Pursuant to Section 6104(b) of the Internal Revenue code, notice is hereby given that the annual return for the year ending June 30, 1999, of the Lfta and Morton Heller Foundation, a pri- vate foundation, is available for public inspec- tion by any interested citizen who requests it at the Foundation's principal office located at Reese Henry & Company. Inc. C/O Denise Jurgen, 400 E. Main Street Aspen, Colorado 81611. Telephone (970) 925-3771. beginning on the date of this publication and for 180 days thereafter during normal business hours. The principal manager of the Foundation is Morton A. Heller. Published In The Aspen Times August 28. 1999. PUBLIC NOTICE RE: KOLOR WHEEL TEMPORARY USE PERMIT - 720 Fast Durant Avenue. NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, September 13, 1999. at a meeting to begin at 5:00 p.m. before the Aspen City Council, City Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an applica- tion submitted by Melinda Goldrich, Kolor Wheel, Inc., requesting approval for a six month temporary use permit to operate an instruction- al ceramic finishing studio with retail sales at 720 East Durant Avenue. The property is within the Neighborhood Commercial (NC) Zone District. For further information, contact Chris Bendon at the Aspen/Pitkin Community Development Department, 130 S. Galena St., Aspen. CO (970) 920-5072, chrisb@ci.aspen.co.us. s/Rachel E. Richards, Mayor Aspen City Council Published in The Aspen Times on August 28, 1999.(48027) PUBLIC NOTICE RE: CITY OF ASPEN LAND USE CODE TEXT AMENDMENT: PLANNED UNIT DEVELOPMENT (PUD) REVIEW. NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday. September 13, 1999, at a meeting to begin at 5:00 p.m. before the Aspen City Council, City Council Chambers, City Hall, 130 So. Galena St., Aspen, to consider an appli- cation submitted by the City of Aspen Community Development Department request- ing adoption of revised Planned Unit Development (PUD) Review regulations., The proposed code amendment would affect Section 26.445 - Planned Unit Development (PUD) -of the Municipal Code. The proposed code amend- ment includes a Minor PUD process for proper- ties within the Lodge Preservation (LP) Overlay Zone District. For farther information, contact Chris Bendon at the Aspen/ Pitkin Community Development Department, 130 S. Galena St., Aspen, CO, (970) 920-5072. chrisb@ci.aspen.co.us. s/Rachel E. Richards, Mayor Aspen City Council Published in The Aspen Times on August 28, 1999.(48025) Declaration of Policy .. ;� be ComYp Cbmmi tabiso is a siplbcatd • F ` =-Run IIIU� /dig/ �f i� err+ • lbw+ �Yry 4 �..i F'� g�strl rfJ•�� WOWS- - a,cd m th--diarnee .. t ap �gy Seel note eedra base be applicable Amei th Nmonid—s Standards th. ,Il I —, ► rear Zia.t171 q�saasass �� ~ Poll— of This orrbameq mesV uswri aM �r and A -A- Weis awd Sand Pressure Level: The smsad p rime kvTi r uweaarr wt� k d meter using the A- weighing nowrdc The assailant owariuo is ®(A) Q,a,_ B. • The SCREW ptcum level of the w-enoomp.siiii; off: assodaeod with a given enviro®ens usually s composite of sounds ham many smoxe, abo the A -weighted sound pressure level exceeded 90 percent of the time basod en a Eea•aenent period which shill not be less it= tin (10) minutes. C. An area zoned a defined in Tale B of the Pitkin Canty Code, inch, but not limited to amen designated B-I, B-2, PUB, VC and as such designations may t amendrd D. Construction Activities: Any and all activity incidental to the emctioo, demolition, •atembl'mg altering, i mnahng, of equipping of buildings, stnieuun, reads of gVwUnmets thereto, including land clearing; gradin& eac-stung and filling. E CgoagINUM : A floating district, for the purposes of this ordimice, is defined site of ongoing construction activity. This designation will be in effect only far the dun of said activity or for the dates of any applicable [wilding permit at a designated site, whichevc is shorter. This designation may occur in any of the zone districts as define, Title B of the Pidrin County Code. F. C maa a Noise: Any sound which cults, essentially without interruption, for a per ten (10) minutes m more. G. Cvr•firath. Varyi v Noise: Any sound which varies in sound level such that approxim the same level is obtained repetitively at reasonably imilb— intervals of time. H. Decibel: Logarithmic and dimensionless unit of measure often used in describing amf of sound. Decibel is symbolized by the letters dB. 1. 12qW=: Shall metro the Aapenmidon Environmental Health Department J. Devi Any mechani— which is intended to produce, or which actually produces, nc when operated or handled. 1L Faillciueoev Vehicle: A trots vehicle authorized to have sound warring devices such ahem and/or bells and/or air horns which may hrwfully be used when responding to a emergency or during a police activity. . L. Ernerrercr Wodc: Work made necessary to restore property to a safe condition follow, unusual event. or work reVired to protect perunns or property from exposure to dmgc This includes, but is not limited to snow, ice, mud, and debris removal from public rig! of -way. M. G"Kinds Mai tim=1 Eauiomem: That equipment necessary to maintain yuds, parks Iota which includes but is not limited to lawn mowers, edgers, trimmers, tillers and cha Saws. N. Impulsive Noise' A noise containing excursions usually less than one (1) second mean with the sound level meter set in the "fast" meter mode. O. Industrial District: An area zoned as defined in Tide Q of the Pitkin County Code and% subheading of I. P. Motor Vehicle: Any vehicle which is propelled by mechanical power, including, but m formed to, passenger cars, trucks, truck -hailers, campers, motorcycles, mini bikes, moi semi -trailers, go carts. snowmobiles and racing vehicles. Q. Muffler An apparatus consisting of a series of chambm or battle plates designed for 1 purpose of transmitting gases while reducing sound emanating from such apparatus. k Noise: A sound which is measured w Elie sound pressure level in decibels (dB) which unwanted or which causes or tends to cause an adverse psychological or physiological on human beings. S. Nuisanc,e: The doing of or the failure to do something which allows or permits noi;c t' emitted from any source(s) in excess of the standards of this ordinance. T. Percentile Sound Pressure Level: 1. Tenth percentile noise level - the "A" weighted sound pressure level that is cxc ten (In) percent of the time in any measurement period (such as the level that i exceeded for one (1) minute in a ten (10) minute period) and is denoted L 10. 2. Ninetieth Percentile Noise Level - the 'A" weighted sound pressure level that excceded ninety (90) percent of the time in any measurement period (such as t level that is exceeded for nine (9) minutes in a ten (10) minute period) and is denoted L 90. U. eQ;!4.It : Any human being, firm, association, organirium partnership, business, trust, corporation, company. contractor, supplier, installer, user, owner or operator, includin: municipal corporation. State or Federal Government Agency, district, and any office employee thereof. • PROJECT: LAND USE APPLICATION �6 APPLICANT: Name: ISuo s W Rif L ck A—,7Pe,(\ Location: U 'Rf call (in icate street address_ lot & hlr .k number_ leeal description where appropriate) Name: Address: Phone #: REPRESENTATIVE: Name: �I�tN�1 � �kLA.Afl - d f LWA &oz- jZ l,if Address: ;. s r,nr, Qjqct Phone #: %L%aj6q TYPE OF APPLICATION: (please check all that apply): ❑ Conditional Use Conceptual PUD Conceptual Historic Devt. Special Review Final PUD (& PUD Amendment) Final Historic Development Design 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, condominiumization) Expansion Mountain View Plane ❑ Lot Split Temporary Use Other: ❑ Lot Line Adjustment Text/Map Amendment EXISTING CONDITIONS: (descri PROPOSAL: (description of of existing buildings, uses, previous approvals, etc.) buildings, uses, modifications, etc.) Have you attached the following? Pre -Application Conference Summary CV5 Attachment #1, Signed Fee Agreement [/ ❑ Response to Attachment Q, Dimensional Requirements Form ❑ Response to Attachment #3, Minimum Submission Contents Response to Attachment #4, Specific Submission Contents ❑ Response to Attachment #5, Review Standards for Your Application FEES DUE: S REVIEW STANDARDS: APPLICATION FOR TEMPORARY USE SUBMISSION BY: KOLOR WHEEL OF ASPEN, LLC. 430 S. SPRING STREET ASPEN, CO 81611 (970) 925-9169 (until September 30, 1999) Request for City Council to consider the following criteria as it relates to the business and operational needs of Kolor Wheel of Aspen for temporary use. We also would like to include a petition for City Council to consider a code amendment to include Kolor Wheel in the Neighborhood Commercial Zone. BUSINESS DESCRIPTION: Kolor Wheel is a "paint -your -own' ceramics studio. We offer contemporary bisqueware, materials and supplies for the public to paint. Painted pieces are then glazed, fired and ready to be used as functional or decorative ceramic items suitable for personal use or giftware. HISTORY OF BUSINESS: Originally owned and operated in Basalt, CO for two years. Business terminated by sale in April 1999 to current owners, Kathie Schulman and Melinda Goldrich. Kolor Wheel of Aspen is currently open in temporary space as an accessory use to Alien Cycles Bike Shop from May 1 through October 1, 1999 located at 430 S. Spring Street. BUSINESS OPERATIONS (LOCATION, SIZE, DESIGN): Kolor Wheel has been operating in approximately 325 square feet with seating capacity of 20 maximum (indoors/outdoors) and an off -site firing & glazing studio of approximately 350 square feet (not for public use). Our ideal location would be to have a minimum of 600 sq. ft. with seating capacity of 25- 30 customers and 3 operating staff employees. This would allow us to move all of the inventory and glazing and firing operations into one location. This will greatly improve the efficiency of our operations process to expedite delivery of customer pieces and reduce the multiple daily vehicle trips to and from each location. We are currently open to the public at 12 Noon until 6 PM daily. Additionally, before and after hours, Kolor Wheel hosts a variety of camp/school groups as well as special occasion parties, including birthday (for children and adults), bridal and baby showers. We would propose to continue this schedule with flexibility to extend hours. Kolor Wheel will also be offering a variety of arts & crafts workshops to the public. Certified Art Instructors will teach children and adults special techniques in ceramic painting, mosaic tile construction and painting on glassware. Kolor Wheel has a very affordable average ticket price of $15 for children and $25.00 for adults. City Council Review -2- Kolor Wheel of Aspen IMPACT OF PROPOSED TEMPORARY USE: We have received numerous compliments since our grand opening in May. Kolor Wheel provides Aspen residents and visitors with an affordable indoor activity venue for children and adults to use their imagination and create functional household items and gifts. Our success depends largely upon having a convenient location within walking distance of the core area with RFTA bus stop access. Being located in a Neighborhood Commercial" zone is of equal importance. If our customers can easily walk or take a RFTA bus to our location, it greatly reduces the need for vehicular traffic. Our customer base has been approximately 65% local and second homeowners and 35% visitors, who have commented that they are delighted that Aspen has opened up a "paint -your -own" ceramics studio. Our proposed location is adjacent to the building where we initially opened, which has proven to be easily accessed by our clientele. We have designed and decorated our studio to provide a warm, friendly and creative environment. We take pride in our customer service efforts, particularly with the children who come to paint at the Kolor Wheel. Our intent to operate our business in the proposed location at 720 E. Durant Street is for a minimum of 2 years. The compatability of our proposed temporary use would greatly enhance the character of the neighborhood by providing both local residents and vistors with a unique, fun and affordable indoor activity close to many of the service which are utilized by them regularly. Thank you for your consideration of our request. Sincerely, ie Schulman Melinda Goldrich Co -Owner Co -Owner Kolor Wheel of Aspen, LLC. August 25, 1999 City of Aspen Planning Department 130 S. Galena Street Aspen, CO 81611 VIA HAND DELIVERY RE: Durant Mall Suite E-2 To Whom It May Concern: Please be advised that Kathy Shulman & Melinda Goldrich have our permission as the owners of the property located at 720 E. Durant St., Durant Mall, Suite E-2, to act as the representative in applying for the use variance for the space. Should you require any further documentation or information, please do not hesitate to contact me at 925-8810. incerely y rs Joshua Saslove AUG. 26. 1999 10:46AM PITKIN COUNTY TITLE NO.5282 P. 2 CERTwicA:rE OF O 1,4ERSHIP Pitkin County Title, Inc., a duly license] Title Insurance Agent in the State of Colorado hereby certifies that THE REAL ESTATE BROKERS DURANT MALL PARTNERSHIP is the owner in fee simple of the following described property: CONDOMINIUM UNITS E-2, THE DURANT MALL (A CONDOMINIUM), according to the Condominium Map thereof recorded February 6, 1976 in Plat Book 4 at Page 565 as Reception No. 181398 and amendments thereto recorded October 211 1983 in Plat Book 15 at Page 48 as Reception No. 254134 and recorded June 14, 1984 in Plat Book 16 at Page 10 as Reception No. 260233, and as further defined and described in the Condominium Declaration for The Durant Mall (A Condominium) recorded February 6, 1976 in Book 308 at Page 518 as Reception No. 181397. COUNTY OF PITKIN, STATE OF COLORADO Subject to encumbrances, easements, restrictions and rights of way of record. This certificate is not to be construed to be a guarantee of title and is furnished for informational purposes only. PITKIN COUNTY TITLE, INC. BY: authorized i a re CERTIFIED TO: August 10, 1999 @ 8:00 A.M. �taliF �C3�I5O Pitkin County - Onf©. ma#ion First Name Last Name or Corp. Real Estate Brokers Durant Mall Partnership Mailing Address Include in Mailing: Yes 720 E Durant St Aspen CO 81611 Assessor's Office Value Land: $100,000 Bldg(s): $300,000 Total: $400,000 Taxes: $3,626.04 Note: Assessed Value is typically 10-30% below Market Value, however there are exceptional variances with regard to VACANT LAND. Sales History Various Sq Ft Office First Floor-792,. Structural Legal Description Subdivision: ) Block: Lot: lrhru: -Lot: Remarks: Complex: DURANT MALL - AMENDED U E-2 d Remarks: Land Size: 0 Property Use Code: OFFICE 1 ST LEVEL MED Parcel (Mapping) #: 2737 18 2 42 49 Physical Address: E-2 ASPEN Misc Amenities Note: Physical Address is incorrect 37% of the time, due to incomplete county information. Bldg. Value Original Yr Built Sq Ft - Heated Sq Ft - Total $300,000 1975 792 792 Bedrms Baths Rooms Stories Building Model Building Type 0 0 1 1 COMMERCIAL DURANT MALL TYIk :; ; Fue YpeRoof Cover ' ,..Roof Su►e Arc ,t 8 ► dui 1 Fr me GOOD -BASE GOOD -BASE GOOD -BASE GOOD -BASE GOOD -BASE WDFRAME-B # of Structures on Site (per County): 1 UG, 26. 1999 10:46AM PJy([N COUNTY TITLE M . _- Boa( 591 FAM5 ., Mrcxr • naccPtt„a • — SPECIAL WARRANTY DEVA) THIS DEED. Made on,- 3rd t14 „l Ally • 19 89 t,-v—n Joseph 3. Wilson, June t:. nov and Jc:shua Saslove tti tier Coumy al Pitkin . St.ur to Cbtala.• prawwtII. and The heel Estate 3mkerS Durant 1•]u11 Partner: •ii.p whosc Icval trddhc„r it 720 East Durant Street, Aspen, CO 816 of Ik Cottnly or Pitkin Stew of t.defd0. jranlrC(1): SILVIA DAVIS PITKIN CITY RECORPE h I{CT 1140 I. I. WMldSSM. Thor the prsoton" for and in cnntideruroa of the sum 'r TEN and nO/100 DOLLARS (410. )0) A1") OTI-F.R t300D AND VAU PZZ C0NS1DM%TZON------------- /9"" thcmcctptand,umniencyo(whichichemb),teknokvkAded.ha ve pmmd.burnined.mAdmdwn.tycd.mWbyNcucpRrentadu mnl. baron, sell, ccowy mid confirm. unto the pttotee(s). its heirs Aral seism )MC a, ell the real property, rubeow with impraecrtim. if any, filtrate. )yin sett bomb in lhr Cotrmy of Pitkin . State of cow&&, � oeaerilnod u (dltss: Condominium Unite E-2 and E-4, THE DURANT WALL (A CONDOHINIUX) according to the Condominium Map thereof recorded February 6, 1976 in Plat Book 4 at Page 565 as Reception No. 181398 and amendments l; thereto recorded October 21, 1983 in Plat Book 15 at Page 48 as i! Reception No. 254134 and recorded June 14, 1984 in Plat Book 16 at ii Page 10 as Reception No. 260233, and as further defined and described in the Condominium Declaration for The Durant Mall (A it Condominium) recorded February 6, 1976 in Book 308 at Page 518 am Reception No. 181397. II Count of Pitkin, State of Colorado I� r MAY -4M9 &Yo kwn by nvm sad number Y: 720 East Durant Street, Aspen, W 7WETHER with Olt uKI singuhtr the naWlmmmts and Oppurigmacct thertm belnwowR. or in enywiee apperlsminji. ead due tevar>oeo sod ra•efrioM. reT4nder and remaindml. Ral,., lvA" end Pwhw Ilrete#P OOd Ili 'be esww. "lln" n1Ua. IOterest, claim and testa- whW-UW W or the p mor(s). clNer in law orcquily. or. i0i chid to the alive livir0ned pmlellt;, imh dw IwRdddmthte NOW appurtenaneci: TO HAV9 AND To HOLD the Acid Peembe sko s kFAMthed and aetnilad with the oppunaunem. unto the rrmttafO>, its Will OM smilax mmeec The srmte(ek far thM wkMi - thMi! Iwn srd peraorwi nomraw{tes tesrreswn. do cwm=ant speromil they fhellandaill WARRANT AND taRLVEKOGMDthe abosa-beep-.d11c 1.d-it thequictaadlicuoOblepoaassionorihe{mtdods). its hcin Oml sAsiyw. KOioM di tnd awry I+v+..r or KrrwF clOimine hw wbele ar tiny oast thetv,r. by. thmilh or uoler ,he srurtted t), IN wlTNF-%S WHEREOF. the /lsnro((f) ha ve eaeavtcd dirt deed an the dare zt (anh Ante. STATE OF COLORADO carry or Firkin The fnmD„init iat<tramanl wo, witnttwladped bc(ore nw this ✓ new dw of May by tloseph n. wilson, JAne W. Moy and Joshua Sasiove. Wjtrw" my head Md official m- 1- G 1,11M IC114 My wmmltaioe esPirv, 5-0 O .e1. 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