HomeMy WebLinkAboutcoa.lu.tu.415 E Hyman Ave.0077.2012.ASLU0077.2012.ASLU 415 E. Hyman Ave
TEMP USE
NUGGET GALLERY
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PATH: G/DRIVE / MASTER FILES/ADMINISTRATIVE/ADMIN/LAND USE CASE
DOCUMENTS
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THE CITY OF ASPEN
City of Aspen Community Development Department
CASE NUMBER 0077.2012.ASLU
PARCEL ID NUMBERS
PROJECT ADDRESS 415 E HYMAN
PLANNER CHRIS BENDON
CASE DESCRIPTION TEMPORARY USE
REPRESENTATIVE ROSS KRIBBS
DATE OF FINAL ACTION 01.14.13
CLOSED BY DEB PATTISON 04.27.2016
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Routing Status JlFees JFee 5uimmary Main !Attachments Routing istotv Valuation AtchiEng Custom Fields !iSub Permits
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0 Permit type Aspen Land Use
C 7 Permit # 0077.201 2.ASLU
Address 1415 E HYMAN AptlSuite
City �ASPEN state zip
Permit Information
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I Master permit Routing queue Applied
9.
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7 i Project Status pending Approved
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Description APPLICATION FOR TEMPORARY USE issued
ClosediFinal
Submitted IROSS KRIBBS 379 5220 CIO& (Running Days 170 Expires
Submitted via
Owner
Last name 1KRIBBS First name IROSS PO BOX 8761
Phone �(970 �179-52210 Address ASPEN CO 81611
Applicant
[] Owner is applicant? F1 Contractor is applicant?
-'1 265 MOUNTAIN VIE6DR
Last name RNSTR&I-11 BAR First name
ASPEN CO 81611
Phone 1(970) 925-6060 Cust # 128939 Address
Lender
Last namel ft name I
Phone 1() Address
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TO:
FROM:
RE:
DATE:
MEMORANDUM
Mayor Ireland and City Council
Chris Bendon, Community Development Director JN
Nugget Gallery Temporary Use Permit — Public Hearing
Resolution No. , Series of 2013.
January 14, 2013
LAND USE REQUEST:
The Applicant is requesting an
extension to an existing Temporary Use
Permit for the Nugget Gallery located
in a common area of a commercial
building at 415 East Hyman Avenue.
STAFF RECOMMENDATION:
Approval, with conditions.
LOCATION:
415 East Hyman Avenue (on tl
Hyman Mall).
LEGAL DESCRIPTION:
Condominium Units 1-16, Roa
Fork Condominiums, accordin;
Map thereof filed for record Ja
31, 1973 in Plat Book 4 at Pagi
APPLICANT:
F&M Ventures, LLC; Ernie Fyrwald,
principal.
Horseshoe Holdings, LLC; Bruce Carlson and
Greg Jurgenson, principals.
REPRESENTATIVE:
Ross Kribbs, Nugget Gallery
SUMMARY:
Ross Kribbs is applying to extend the temporary use permit to continue operating the
Nugget Gallery in the lobby space of a downtown commercial building. The building is
415 East Hyman Avenue, on the mall, and houses Morris and Fyrwald Real Estate and
several other offices upstairs.
The creation of new commercial space in the City requires provision of housing and other
mitigations, which can be cost -prohibitive. The mitigation is based on "net leasable area"
and does not count common hallways, lobbies, and similar common areas of commercial
buildings that are not typically rented to an individual business.
The lobby space of this building is not considered net leaseable area. Merely hanging the
pictures with information about the artists does not render the hallway a commercial
space. This is a common practice for artist to display their work but does not come with
signage — the City does not permit off -site signage. For example, a home -based business
cannot simply place a sandwich board on the mall. The active operation of the space as a
store requires the space be approved as net leasable area.
The Nugget Gallery has complied with last year's temporary approval and Mr. Kribbs has
been diligent about obtaining signage approvals. Businesses that use this lobby have
provided their support to the application.
City Council approved this request the last two years with an understanding that this was
an experiment of sorts that may lead to relaxed code requirements for certain types of
businesses. Council was clear with the applicant that subsequent temporary use
approvals may not be granted.
Staff remains concerned about the equity of allowing a business to operate in a non-
commercial space. Differentiating this retail operation from others is difficult. All other
galleries, for example, are operating within proper commercial space. Creation of those
spaces requires substantial mitigation; the spaces are considered commercial by the
County Assessor; and, the rent likely reflects the legitimacy of the space. It becomes
difficult for staff to explain to other prospective galleries why they cannot "get the same
deal."
Staff is also concerned about using the temporary use process for a perpetual operation.
Temporary use permits are valid for up to 6 months. The code doesn't prohibit an
applicant from applying for consecutive permits; but, it calls into question the temporary
purpose of the permit. Staff does believe a temporary use permit should terminate at
some point. If approved, City Council should state the number of additional 6-month
permits that this operation can apply for.
Staff believes all criteria are met and recommends City Council grant this temporary use
permit. Staff also suggests City Council define this as the last temporary use permit for
this operation. Granting this permit will represent 30 months of "temporary" use, 5 times
as much as is typically allowed. Staff recommends the Temporary Use Permit be
granted as the final temporary permit for this business.
PURSUE A CODE AMENDMENT FOR SPECIAL BUSINESSES?:
This operation raises the idea of amending the City's regulations to permit certain
businesses to operate without meeting the standard requirements for all other businesses.
Staff believes the City would have a difficult task in defining which businesses qualify.
The community has had some version of a `locally -serving -commercial' aspiration for
nearly 40 years. The stumbling point has always been around definition — deciding
who's in and who's not.
Most -recently, the City installed a two-year moratorium with the aim of defining locally -
serving commercial uses. The City looked at business quotas, special reviews by a new
board to determine what businesses can open, ways to prohibit "chain" stores, ways to
regulate non -local ownership, ways to regulate price -point, ways to dictate products,
ways to prohibit "high -end" or "luxury" brands, etc. The City even researched direct
subsidies for some essential business types. As part of this effort, the City contemplated
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quotas or limits on jewelry stores, fur store, and galleries. None of the concepts gained
community favor. The one idea that gained mediocre support was for the City to open its
own store and sell whatever it decided to sell. After two years the City lifted the
moratorium with no changes to the Code.
Eventually all locally -serving discussions return to a fundamental question of definition —
who's in and who's not in. Does a jewelry store qualify? Does a ski shop? The question
gets tougher with real examples — is Peach's locally -serving? Is Pitkin County Dry
Goods locally -serving? The Gap, the gas station, the Wheeler, Ute Mountaineer, etc.
Most of the work staff has done on this topic has been a way to deflect this core question
of who's in and who's not in. Staff believes the question of which businesses can operate
in unmitigated space would return to this question. It is worth discussing the land use
tools that could be applied only if this fundamental question can be answered.
The City does provide a 50 square foot exemption for food vendors. These must be on
private property and can be outside or within interior mall spaces. The Ute City building
and the North of Nell building have interior mall areas. The outdoor provision was done
to invigorate the pedestrian scene downtown. The interior provision was made when a
popular outdoor vendor wanted an interior space for the winter. The business in the Ute
City building has been in operation for 3-4 years. A seasonal shaved ice stand near the
Isis theater has also been around 3-4 years.
This provision for food vendors may appear to be counter to staff s comments above.
Staff believes the 50 square -foot limitation and the food vendor provision is adequate
differentiation. The program does not extend to general retail and does not extend to
service uses (such as a masseuse). Staff does not see a `problem' with allowing small
food vending operations as these are clearly different than general retail. Staff does not
recommend this program be extended to retail and service for the reasons stated above.
RECOMMENDATION:
Staff is recommending approval, with conditions. Staff requests City Council state the
number of additional temporary use permits to be granted for this business.
RECOMMENDED MOTION:
"I move approval of Resolution No. , Series of 2013, approving a temporary use
permit for the Nugget Gallery."
CITY MANAGER COMMENTS:
ATTACHMENTS:
Resolution No. , Series 2013.
A — Application
C�5
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AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY::
4-15 Aspen, CO
SCHEDULED PUBLIC HEARING DATE:
I�1oy��c�t� Ewa 1l.�- 5 : Co �2m , 2013
STATE OF COLORADO )
) ss.
County of Pitkin )
I, ! ii ((y�C74" (name, please print)
being or repr&enting an Applicant to the City of Aspen, Colorado, hereby personally
certify that I have complied with the public notice requirements of Section 26.304.060
(E) of the Aspen Land Use Code in the following manner:
Publication of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fifteen (15)
days prior to the public hearing. A copy of the publication is attached hereto.
Posting of notice: By posting of notice, which form was obtained from the
Community Development Department, which was made of suitable, waterproof
materials, which was not less than twenty-two (22) inches wide and twenty-six
(26) inches high, and which was composed of letters not less than one inch in
height. Said notice was posted at least fifteen (15) days prior to the public hearing
and was continuously visible from the _ day of 520 , to
and including the date and time of the public hearing. A photograph of the posted
notice ("sign) is attached hereto.
Mailing of notice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to
the public hearing, notice was hand delivered or mailed by first class postage
prepaid U.S. mail to all owners of property within three hundred (300) feet of the
property subject to the development application. The names and addresses of
property owners shall be those on the current tax records of Pitkin County as they
appeared no more than sixty (60) days prior to the date of the public hearing. A
copy of the owners and governmental agencies so noticed is attached hereto.
)J^ntinued on next page)
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Rezoning or text amendment: Whenever the official zoning district map is in
any way to be changed or amended incidental to or as part of a general revision
of this Title, or whenever the text of this Title is to be amended, whether such
revision be made by repeal of this Title and enactment of a new land use
regulation, or otherwise, the requirement of an accurate survey map or other
sufficient legal description of, and the notice to and listing of names and
addresses of owners of real property in the area of the proposed change shall be
waived. However, the proposed zoning map shall be available for public
inspection in the planning agency during all business hours for fifteen (15) days
prior to the public hearing on such amendments.
., � 1(: -_ ��� �
Signature
The foregoing "Affidavit of Notice" was acknowledged before me this 20 day
Of pLr_44tyNYLAC , 20LZ, by
PUBLIC NOTICE
RE: THE NUGGET GALLERY TEMPORARY
USE - 415 EAST HYMAN AVENUE
NOTICE 13 HEREBY GIVEN that a public hearing WITNESS MY HAND AND OFFICIAL SEAL
will be held on Monday January 14, 2013, at a
meeting to begin at 5:00 p.m. before the Aspen
City Council, in the Council Chambers, City Hall,
13 S. Galena St., Aspen, to consider an applica- M commission ex Ire$.
tion submitted by Ross Kribbs of the Nugget y� p —��
Gal-
lery to continue operation of a temporary gallery in
the atrium space of 415 East Hyman Avenue. The
store would continue operation without required
affordable housing or other development mitiga-
tions. This building is located on the south side of
the Hyman Avenue Mall in downtown Aspen. The Lary public
space is legally described as the Roaring Fork
Condos Association Common Area. The Roaring
Fork Condominiums are owned by Carlson, Bruce
E Trust; PO Box 3587; Aspen, CO 81612; Horse-
shoe Holdings, LLC; PO Box 10459; Aspen, CO
81611; and, F&M Ventures, LLC; c/o Morris and
Fyrwald Real Estate; 415 East Hyman Avenue.
Representing the Roaring Fork Condominium
Association is Ross Kribbs, P.O. Box 8761; Aspen,
CO 81612. For further information, contact
Chris Bandon at the City of Aspen Community
Aspen, CDevelopmentDepartment,) 9-5M. Galena St., ATTACHMENTS AS APPLICABLE:
chris bendon®citvofaspen com. 'THE PUBLICATION
a/Mk11n1 C. NNrM, Yayor
AaPa"�"''�°'""'I RAPH OF THE POSTED NOTICE (SIGN)
Published 2the oiz [8p'imes Weekly on THE OWNERS AND GOVERNMENT AGENCIES NOTIED
7 BY MAIL
* APPLICANT CERTICICATION OF MINERAL ESTATE OWNERS NOTICE
AS REQUIRED BY C.R.S. §24-65.5-103.3
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THE CITY of ASPEN
Land Use Application
Determination of Completeness
Date: October 31, 2012
Dear City of Aspen Land Use Review Applicant,
We have received your land use application and reviewed it for completeness. The case number
and name assigned to this property is 0077.2012.ASLU Nugget Gallery, Temporary Use. The
planner assigned to this case is Chris Bendon.
❑ Your Land Use Application is incomplete:
Please submit the aforementioned missing submission items so that we may begin reviewing
your application. No review hearings will be scheduled until all of the submission contents listed
above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the
land use application.
Your Land Use Application is complete:
?`If there are not missing items listed above,
to begin the land use review process.
then your application has been deemed complete
Other submission items may be requested throughout the review process as deemed necessary by
the Community Development Department. Please contact me at 429-2759 if you have any
questions.
Th You,
�L
ifer P el , Deputy Director
City of Aspen, Community Development Department
For Office Use Only: Qualifying Applications:
Mineral Rights Notice Required SPA PUD COWOP.
Yes Now Subdivision (creating more than 1 additional lot)
GMQS Allotments Residential Affordable Housing
Yes No--)�.— Commercial E.P.F.
PROFORMA TITLE REPORT
SCHEDULE A
1. Effective Date: October 31, 2012 at 8:00 AM Case No. PCT23637P
2. Policy or Policies to be issued:
Proposed Insured:
PROFORMA
3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the
effective date hereof vested in:
HORSE ISLAND, LLC
4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is
described as follows:
CONDOMINIUM UNIT 16,
THE ROARING FORK CONDOMINIUMS, according to the Map thereof filed for record January 31, 1973
in Plat Book 4 at Page 355, Second Amendment recorded November 1, 1990 in Plat Book 25 at Page 36
and Third Amendment recorded September 2, 1999 in Plat Book 51 at Page 18 and as defined and
described in the Condominium Declaration for The Roaring Fork Condominiums, recorded January 31,
1973 in Book 272 at Page 7 and First Amendment thereto recorded September 3, 1999 as Reception No.
435221.
PITKIN COUNTY TITLE, INC.
601 E. HOPKINS, ASPEN, CO. 81611
970-925-1766 Phone/970-925-6527 Fax
877-217-3158 Toll Free
AUTHORIZED AGENT
Countersigned:
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SCHEDULE B - SECTION 1
REQUIREMENTS
THIS REPORT IS FURNISHED FOR INFORMATIONAL PURPOSES ONLY, IT IS NOT A CONTRACT TO ISSUE TITLE
INSURANCE AND SHALL NOT BE CONSTRUED AS SUCH. IN THE EVENT A PROPOSED INSURED IS NAMED THE
COMPANY HEREBY RESERVES THE RIGHT TO MAKE ADDITIONAL REQUIREMENTS AND/OR EXCEPTIONS AS
DEEMED NECESSARY. THE RECIPIENT OF THIS INFORMATIONAL REPORT HEREBY AGREES THAT THE
COMPANY HAS ISSUED THIS REPORT BY THEIR REQUEST AND ALTHOUGH WE BELIEVE ALL INFORMATION
CONTAINED HEREIN IS ACCURATE AND CORRECT, THE COMPANY SHALL NOT BE CHARGED WITH ANY
FINANCIAL LIABILITY SHOULD THAT PROVE TO BE INCORRECT AND THE COMPANY IS NOT OBLIGATED TO
ISSUE ANY POLICIES OF TITLE INSURANCE
SCHEDULE B SECTION 2
EXCEPTIONS
The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to
the satisfaction of the Company:
1. Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, any facts which a correct
survey and inspection of the premises would disclose and which are not shown by the public records.
4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law
and not shown by the public records.
5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public
records or attaching subsequent to the effective date hereof but prior to the date the proposed insured
acquires of record for value the estate or interest or mortgage thereon covered by this Commitment.
6. Taxes due and payable; and any tax, special assessment, charge or lien imposed for water or sewer
service or for any other special taxing district.
7. Reservations and exceptions as set forth in the Deed from the City of Aspen recorded in Book 59 at Page
304 & 324 providing as follows: 'That no title shall be hereby acquired to any mine of gold, silver, cinnabar
or copper or to any valid mining claim or possession held under existing laws".
8. All ore and mineral bearing earth beneath the surface of subject property as granted by instrument
recorded October 24, 1891 in Book 105 at Page 216.
9. Easements, rights of way and all matters as disclosed on Plat of subject property recorded January 31,
1973 in Plat Book 4 at Page 355 and Second Amendment recorded November 1, 1990 in Plat Book 25 at
Page 36 and Third Amendment recorded September 2, 1999 in Plat Book 51 at Page 18.
10. Terms, conditions, provisions, obligations, easements, restrictions and assessments as set forth in the
Condominium Declaration for Roaring Fork Condominiums recorded January 31, 1973 in Book 272 at
Page 7 and First Amendment thereto recorded September 3, 1999 as Reception No. 435221, deleting
therefrom any restrictions indicating preference, limitation or discrimination based on race, color, religion,
sex, handicap, familial status or national origin.
11. Terms, conditions, provisions, obligations and all matters as set forth in the Articles of Incorporation of
Roaring Fork Condominium Association recorded January 29, 1973 in Book 271 at Page 857.
12. Terms, conditions, provisions and obligations as set forth in Agreement recorded January 31, 1973 in
Book 272 at Page 4.
13. Terms, conditions, provisions and obligations as set forth in Notice of Historic Designation recorded
January 13, 1975 in Book 295 at Page 515.
14. Terms, conditions, provisions and obligations as set forth in Variance Permit recorded November 4, 1983
in Book 454 at Page 970.
15. Terms, conditions, provisions and obligations as set forth in Grant of Easement recorded September 9,
1985 in Book 494 at Page 603.
16. Terms, conditions, provisions and obligations as set forth in Special Warranty Deed recorded November
12, 1999 as Reception No. 437727.
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PITKIN COUNTY TITLE, INC.
601 E. HOPKINS, THIRD FLOOR
ASPEN, CO 81611
970-925-1766/970-925-6527 FAX
TOLL FREE 877-217-3158
RING INSTRUCTIONS FOR ALL TRANSACTIONS REGARDING THE CLOSING OF THIS FILE
ARE AS FOLLOWS:
ALPINE BANK -ASPEN
600 E. HOPKINS AVE.
ASPEN, CO. 81611
ABA ROUTING NO. 102103407
FOR CREDIT TO:
PITKIN COUNTY TITLE, INC., ESCROW ACCOUNT
ACCOUNT NO. 2021 012 333
REFERENCE: PCT23637P/PROFORMA
CITY OF ASPEN
PRE -APPLICATION CONFERENCE SUMMARY
PLANNER: Chris Bendon, 429-2765
RE-CrIVED
OCT 3 0 2012
DATE: 9.18.12 CITY GI- ASPEN
PROJECT: Nugget Gallery COMMUNITY QEVELORIF-W
REPRESENTATIVE: Ross Kribbs
TYPE OF APPLICATION: Temporary Use
DESCRIPTION: The application will propose an extension of the existing temporary
operation of a gallery in the atrium of a building on the south side
of the Hyman Avenue Mall — 415 East Hyman. The building is
owned in condominium. The proposal is to waive affordable
housing and other development mitigation for the store.
Temporary Uses cannot exceed 180 days from the date of City
Council approval.
Land Use Code Section(s)
26.304 Common Development Review Procedures
26.450 Temporary and Seasonal Uses
Review by: Staff for complete application and recoimnendation
City Council
Public Hearing:
Yes, at City Council
Planning Fees:
$315. Deposit for 1 hour of staff time (additional staff time required is
billed at $315 per hour)
Referral Fees:
none.
Total Deposit:
$315.00
Total Number of Application Copies: 10
To apply, submit the following information:
Total Deposit for review of application and signed fee agreement.
Applicant's name, address and telephone number, contained within a letter signed by the
applicant stating the name, address, and telephone number of the representative
authorized to act on behalf of the applicant. This shall apply for all owners within the
condominium.
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 the
property, and all mortgages, judgments, liens, easements, contracts and agreements
affecting the parcel, and demonstrating the owner's right to apply for the Development
Application.
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Written approval from businesses accessed through the common space.
Completed Land Use Application.
Pre -application Conference Summary.
An 8 1/2" x 11" vicinity map locating the subject parcels within the City of Aspen.
Proof of ownership.
A written description of the proposal and a written explanation of how a proposed
development complies with the review standards relevant to the development application.
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.
Page PAGE 1 of NUMPAGES 1
Ask Ank
Agreement to Pay Application Fees
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CITY OF ASPEN
f'olal,wl imiTy nnim OF
Anagreement between the City of Aspen ("City")
and
"""""""" ' ""`
Property
DclvnvM' Boss re"SgS
Phone No.:
1-70 3a1) 5->-'L,
Owner ("I"):
CG *[ cE tr owA,E,e.)
Email:
(2055 6) p• �V 6 £T nrE ViA • e'p"
Address of
Billing
?.a. 30x 87-6 r
Property:
tf !1- f . t/ yW4A' 41"C
Address:
(subject of
(send bills here)
application)
I understand that the City has adopted, via Ordinance No. , Series of 2011, review fees for Land Use applications
and the payment of these fees is a condition precedent to determining application completeness. I understand
that as the property owner that I am responsible for paying all fees for this development application.
For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these
flat fees are non-refundable.
flat fee for $ flat fee for
flat fee for $ flat fee for
For deposit cases only: The City and I understand that because of the size, nature or scope of the proposed
project, it is not possible at this time to know the full extent or total costs involved in processing the application. I
understand that additional costs over and above the deposit may accrue. I understand and agree that it is
impracticable for City staff to complete processing, review, and presentation of sufficient information to enable
legally required findings to be made for project consideration, unless invoices are paid in full.
The City and I understand and agree that invoices mailed by the City to the above listed billing address and not
returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30
days of presentation of an invoice by the City for such services.
I have read, understood, and agree to the Land Use Review Fee Policy including consequences for non-payment.
I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment
of a deposit does not render an application complete or compliant with approval criteria. If actual recorded costs
exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the
processing of my application at the hourly rates hereinafter stated.
$ deposit for I hours of Community Development Department staff time. Additional time
above the deposit amount will be billed at $315 per hour.
$ deposit for hours of Engineering Department staff time. Additional time above the deposit
amount will be billed at $265 per hour.
City of Aspen:
Chris Bendon
Community Development Director
Property Owner: (&*t1XeY o•vA,-E e�
Name:__ T>b"V*4 Kle lag S
City Use: Title: tlWwCa, A)u(, /ET 641-1-Ee-%
Fees Due: $ Received: $
2011• 1 • 1 • 1 1.1
MEI1
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October 2 '� , 2012
To Whom it May Concern.
In April of 2010, Ross Kribbs transformed our first floor corridor/atrium into "Nugget
Gallery", repainting and installing new lighting to create a unique space for art. Since
receiving city approval through a temporary permit in November of 2010 and again in
2011, Nugget Gallery has functioned effectively as a showcase for his art and that of
other, predominantly local, artists. The owners of The Roaring Fork Building (415 East
Hyman Avenue) support Mr. Kribbs in his continued efforts to utilize this space in our
building.
The owners of this building authorize Mr. Kribbs to act as our representative in
his application for a renewal of his Temporary Use Permit to utilize the space
referred to above. We encourage the approval of this permit and we look forward
to the continued display of new artwork on our walls.
Mr. Kribbs may be contacted at:
Ross Kribbs
P.O. Box 8761
Aspen, CO 81612
970-379-5220
ross@nuggetmedia.com
Thank you,
Ernie Fyrwald, President
Roaring Fork Condominium Association
c/o F&M Ventures
415 East Hyman Avenue
Aspen, CO 81611
970-925-6060
0 oo77 , ?T0 -*LA
ATTACHMENT 2—LAND USE APPLICATION Y 4FC. 771 `" E D
PROJECT: n r T 3 0 2012
Name:
Location: yrrt 4 ti .4 4"EM,IE i¢ 7' k?
(Indicate street address, lot & block number, legal description where appropriate)
Parcel ID # (REQUIRED)
APPLICANT:
Name: £2N%E FyRwAL15
Address: 4 ► S F ,9 ST 1—f yn 4 ti i¢ 1. F
Phone #: ur 0 G 0
REPRESENTATIVE:
Name: To S S (cy i B /3 S
Address: �t- 3 S V t NE S T P 6 P— 7— ti
Phone #: 01 -1-0 - 3'7 Ct - V
1 YPE OF APPLICATION: (please check all that apply):
❑ GMQS Exemption
❑ GMQS Allotment
❑ Special Review
❑ ESA — 8040 Greenline, Stream
Margin, Hallam Lake Bluff,
Mountain View Plane
❑ Commercial Design Review
❑ Residential Design Variance
❑ Conditional Use
❑ Conceptual PUD
❑ Final PUD (& PUD Amendment)
❑ Subdivision
❑ Subdivision Exemption (includes
condominiumization)
❑ Lot Split
❑ Lot Line Adjustment
Temporary Use
❑
Text/Map Amendment
❑
Conceptual SPA
❑
Final SPA (& SPA
Amendment)
❑ Small Lodge Conversion/
Expansion
❑ Other:
EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.)
/¢7'R" /c6mnM M 564CE OF WAT E. I- y 1A ti Tv P F v 5E D 4G-41 L 6 e Y Pk Et'r o v s
7-F►•t P vgE H-" S $EEti G R.4 vTS P>.
?ROPOSAL: (description of proposed buildings, uses, modifications, etc.)
do-N9tiGf FQovrl G�/Z(tFtiT VSE AS G4GG+EiPy
Have you attached the following'.' FEES DUE: $
❑ Pre -Application Conference Summary
❑ Attachment 41, Signed Fee Agreement
❑ Response to Attachment #3, Dimensional Requirements Form
❑ Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards
❑ 3-D Model for large project
All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text
(Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an
electronic 3-D model. Your pre -application conference summary will indicate if you must submit a 3-D model.
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To Whom it May Concern:
I have been contacted by Ross Kribbs regarding his application for a renewal of his
temporary use permit for the first floor-atrium/corridor of The Roaring Fork Building (415
East Hyman Avenue), to be used as a small gallery of his photographic work and the
work of other, predominantly local, artists.
As an owner of a business currently located in this building, I approve of this use and I
encourage the City to approve the renewal of his application.
s
Name:
Signature: ✓ �� �'���
October 25, 2012
Business:
Suite #:
415 East Hyman Avenue
Aspen, CO 81611
To Whom it May Concern:
I have been contacted by Ross Kribbs regarding his application for a renewal of his
temporary use permit for the first floor-atrium/corridor of The Roaring Fork Building (415
East Hyman Avenue), to be used as a small gallery of his photographic work and the
work of other, predominantly local, artists.
As an owner of a business currently located in this building, I approve of this use and I
encourage the City to approve the renewal of his application.
Name: L e- rye yryr E lZ
Signature:
October 2't, 2012
Business: =I . — (4eA(-,r,4
Suite #: .
415 East Hyman Avenue
Aspen, CO 81611
170 `>>5 -`)I� $g
0
NUGGET GALLERY
A proposal for use of the 415 East Hyman Atrium
Applicant: Ross Kribbs
Proposal in brief
This is a proposal by Aspen resident Ross Kribbs to renew a temporary use permit for a small photography
gallery, created within an under-utilized corridor/atrium space in the Roaring Fork Building on the Hyman
Avenue mall.
The creation of the gallery, promoted as "Nugget Gallery", involved no structural changes to the space,
and the building's owners continue to be fully supportive of the project. Since Aspen City Council granted
a temporary use permit in December of 2010 & 2011, the gallery has housed work by the applicant, Ross
Kribbs, and a handful of other exceptional local artists. With the exception of one show in conjunction
with the Aspen Writers' Foundation, the gallery has shown and sold work exclusively by artists living and
working in the Roaring Fork Valley. The gallery has been well received by artists and other gallery owners,
and residents and visitors alike.
Proposed location of Nugget Gallery
•
•
The Space
The Roaring Fork Building is located at 415 Hyman Avenue, on the Hyman Avenue mall. Its basement is
home to Finbarrs Irish Pub, and the 1st, 2nd, and 3rd floors are occupied primarily by Morris & Fyrwald/
Sotheby's International Realty. The top floor is a private residence owned by Dr. Bruce Carlson.
This building includes an odd 1st -floor atrium that runs from the front of the building to the rear alley, with
tall ceilings, skylights, exposed brick beams, and wood trusses. Until May of 2010, the space served as a
catch-all for discarded furniture and old rugs, and had been unused and overlooked for at least the last 8
years prior. The space is a vital circulation corridor, albeit a very wide one: almost 9 feet across. It accesses
the building's only elevator, and is the only access to the first floor restrooms in the rear of the building. The
useable square footage is approximately 300 sq. ft..
In May of 2010, 1 contacted the building owners about my idea. With their permissions, I repainted the
space and installed track lighting at my expense. My business license, however, was denied, and it took
several months to establish a temporary use permit for the space, ultimately granted in December of 2010.
Since Janurary of 2011, Nugget Gallery has functioned as a viable gallery space. Even given its many
limitations (did I mention the unlocked door and lack of heat?), the response to the new space has
been incredible. Quite literally EVERYONE who works in the building and passes through the space has
commented on the great new look, and is excited to see the project continue. That previously neglected
portion of the building is now an active and lively spot, with the potential for a little city revenue, too. I'm
doing my best to keep it viable.
Removed: 2 worn rugs, 4 large chairs, 2 fake trees, 1 large couch, 1 cocktail
table, 1 large coffee table, 1 aging fluorescent light fixture
Improved: egress, brightness & natural light, tenant mood, community spirit
4
After
Ir
0 0
The Business Plan
In a year and a half, Nugget Gallery has functioned successfully (if not terribly profitably) as a retail space.
Changing ownership and new construction on the building's facade have proved challenging, but we've
slowly put our hidden location on the map. Business hours remain a work in progress, but will generally be
5-days a week during high seasons, and weekends only during the off-seasons.
All supporting work -- framing, printing, etcetera -- has been completed at my residence in Hunter Creek
Condominiums. There is no secure storage or back -of -house space associated with the property, but good
will and good karma have sufficed.
The gallery has shown my own work, as well as that of other local artists, primarily photographers. A locals -
only show featuring 11 photographers was a huge success on 11-11-11, and I hope to make that an annual
event, starting again in 11-11-13. The only non -local show in the gallery was a collaboration with the Aspen
Writers' Foundation with a show of images from Afghanistan. The response was very enthusiastic, and we
hope to continue to work together with other local organizations to display powerful and challenging work
when the opportunity arises. (These exhibits aren't money-makers.)
0
0
Precedent
The Aspen City Council often discusses downtown vitality, the need for a wide variety of retail options,
and the desire to promote the creative use of existing spaces without promoting new construction. This
proposal fits those criteria like a glove, and seems very consistent with the Aspen Area Community Plan.
Under current city code and current interpretation of that code, the creation of new retail space requires
affordable housing mitigation payments to be made by the building's owners. This is a reasonable request
when such spaces are versatile, lockable, and secure. This property is not. It has severe limitations —
pedestrian corridor, non -secure, limited square footage — and requiring mitigation payments from the
building's owners would render this project unfeasible. If required to make mitigation payments, the owners
would most likely construct enclosed spaces, and then rent to businesses or brokers that could afford the
high cost. The gallery option precludes that outcome and also eliminates the need for construction.
City Council has set a precedent of exempting mitigation payments based either on the location of the
space (retail shops facing the alley) or by the type of use (food vendors in interior atriums.) Indeed, under
the recently -enacted Ordinance 9b, the 415 East Hyman Atrium could be used to sell hot dogs, lattes, and
pancakes without mitigation. I'm a decent cook, but I'd rather make a living selling my art. I hope we can
work together to keep this gallery open, locally -focused, lively, and viable.
0
Signage
There was some confusion regarding signage in last years' application. In the seven months that it
took to arrange for the gallery's temporary permit to be approved, the sign code was completely
re -written, and a fundamental component to my viability as a business was then missing. In this
application, assuming the code remains unchanged, I am requesting the use of an A -frame sign,
consistent with the sign code section 26.510.130.d :
Locations (for A -frame signs] were selected using the fcllowing criteria:
a Business has no portion of a storefront that is parailel to the public right of way
b Business is provided access through a common entryway that is not
exclusively used for the said business OR
c Business has a storefront that is obscured by another building cr
portion thereof on the same lot i.e. interior courtyard
Nugget Gallery appears to qualify under both B & C. I'm more than happy to discuss combining
signage with my neighbors, and have suggested this during discussions with city officials. I'm
committed to not -too -messy vitality, but the difference in traffic with and without a sign on the
mall is very significant, and has a fundamental impact on the viability of this business.
Thanks!
If you have any questions at all, please don't hesitate to contact me:
Ross Kribbs 970-379-5220
ross@nuggetmedia.com
nuggetaspen.com