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Home My WebLink Aboutcoa.lu.cu.332 W Main St.A046-99 PA.RCci."ID";i?~:\.5:,I?~:41::0-,' '":DAiE~CVD: 1~"3 ?of, , "i!CDPIES:r-' CASE"NOIAC4~ ~;; CAS,? NAME': :\:!2'IN ;...1mn S:I~~t :LJ.llr1Cl' Co:'".d:ona Use Re./i.::'li ..:m~! Gr..~OS ::xcm:::t 0:1 PLNR:I PROJ ADDR:1332 '.V ~,lain . CA,SE Typ':lc:-cilio"ol Use ...d GI.1Q; E,","p" STEPSf OWN/APP: DJ:..:1a J<:.t'c.r:i r.1c.::'"C: :, ADR 22~ DC:~:lt S:r.:h;1 C/S/z:IDcn',cl Gn 11::;;(..: REP: 1\lrl- R chma" ADR: r 0 l30x 3513 C/S/Z:JAS.::S'. CO 111.::"1 FEES DUE:ll" 'C ,',,1 . .,,- " . ,,;: .1, 'FEES RCVD11<3C. REFERRA~sl PHN:~ PHN' ...... . .-- ~"'.'_. .!.:.; STAT:r . REF1 BYl MTG DATE'. REV BODY P.H NOTICED ~F~F= DUE:l PLAT (BK,PG):1 DATE OF FINAL ACTION:I T / ~o I 'i~ CITY COUNCIL:r , PZ:j1-J/,A)jt1'l BOA: DRAC:j ADMIN:l ~.so. N.o. REMARKSI CLOSED:l PLAt SUBMITD": BY:l ~ c; - z,.o MEMORANDUM TO: Aspen Planning and Zoning Commission THRU: Julie Ann Woods, Community Development Director FROM: Joyce A. Ohlson, Deputy Director RE: Djuna Furniture Store, Conditional Use - Public Hearing 332 West Main Street DATE: July 14, 1999 SUMMARY: Alan Richman Planning Services, representing Jeffrey Moore, owner of Djuna Furniture Store, has applied for a conditional use approval for the operation of a furniture store at 332 West Main Street. The subject property is located in the Office (0) zone district where the use is a conditional use for any structure that has received historic landmark designation, Such conditional use is permitted only after public hearing and decision by the Planning and Zoning Commission, The property is currently occupied with approximately 1,797 s.f. of net leasable area utilized for offices and a residential studio unit. The proposal would reduce the net leasable area by 181 s.f. for a total of 1,616 s.f, to be put to furniture store use, An addition is proposed to the structure that increases the overall floor area from 2,992 s.f. to 3,185 s.f, This addition allows for the renovation of the residential unit from a studio to a I-bedroom unit and remodeling to accommodate the furniture store use. Overall, staff feels that given the location of the subj ect property along Main Street amongst a variety of uses, and the type of structure proposed to be utilized for the store that the furniture store use fits well with and will not cause negative impacts to the vicinity. The proposed use is in keeping with the purpose statement of the Office zone district and the general directions of the AACP. Staff has proposed conditions within the proposed resolution that address parking and signage. Exhibit "A" includes the review standards upon which the Planning and Zoning Commission bases their decision and staff s response to those standards. Staff recommends approval of the Conditional Use for the operation of a furniture store within the Office zone district, with conditions. I ApPLICANT: Jeffrey Moore, owner of Djuna Furniture Store, represented by Alan Richman Planning Services. Carolyn and John Seals are the property owners. LOCATION: 332 West Main Street ZONING: Office (0) LOT SIZE, LOT AREA, FAR: The 'dimensional standards of lot size and lot area are not proposed for change. The floor area is proposed to increase with an addition to and renovation of the structure. The existing floor area is 2,992.4 s.f. and the proposed floor area is 3,185.9 s.f, for an increase of 193.5 s,f. There is a decrease in the net leasable area from 1,797 s.f. to 1,616 s.f. for a change of 181 s.f. CURRENT LAND USE: Offices and a residential studio apartment. PROPOSED LAND USE: Furniture store of 1,616 s.f. and a one (I) bedroom apartment. PREVIOUS AND/OR ADDITIONAL ACTIONS: The Planning and Zoning Commission has not previously considered this application. The Historic Preservation Commission will evaluate the proposed alterations to the building as a minor development application (set for August II "'). The Community Development Director will administratively handle the GMQS exemption because the proposal fits the qualifications for a minor exemption. The request for vested rights is an administrative process following Planning and Zoning Commission action on the specific proposal. REVIEW PROCEDURE: Conditional Use. With a recommendation from the Planning Director, the Commission may approve, approve with conditions, or deny a conditional use application at a public hearing, STAFF COMMENTS: Review criteria and staff findings have been included as Exhibit "A". The application has been included as Exhibit "B". Agency referral comments have been included as Exhibit "C". Recommendations from the City Engineer have been incorporated into the proposed resolution. 2 RECOMMENDATION: Staff recommends the Planning and Zoning Commission approve the Conditional Use with conditions as put forth in the attached resolution. RECOMMENDED MOTION: "I move to approve the Conditional Use for the operation of a furniture store on property located at 332 West Main Street with the conditions outlined in the Planning and Zoning Commission resolution." ATTACHMENTS: Exhibit A -- Review Criteria and Staff Findings Exhibit B Application Exhibit C -- Agency referral memoranda 3 EXHIBIT A STAFF COMMENTS Section 26.60.040, Standards Applicable to all Conditional Uses (A) The conditional use is consistent with the purposes, goals. objectives and standards of the Aspen Area Community Plan, and with the intent of the zone district in which it is proposed to be located. Staff Finding: , The proposed use is consistent with the Office zone district which lists "furnitClre store" as a conditional use for any structure that has received historic landmark designation. The structure was listed as a landmark in 1977 due to its in tact Victorian architecture and its contribution to the historic Main Street neighborhood. The purpose of the Office zone district is, "To provide for the establishment of offices and associated commercial uses in such a way as to preserve the visual scale and character of former residential areas that now are adjacent to commercial and business areas, and commercial uses along Main Street and other higher volume thoroughfares". The proposed use fits with the purpose of the Office zone district in that the building itself will continue to look residential in nature. In fact, it will continue to accommodate one residential unit. The furniture use versus other potential retail uses is one which, by comparison, generates less traffic per area committed to retail. Given the specialty type and small size (compared to more typical furniture stores) staff feels that the use will not be a destination shopping attraction but instead will be visited mostly by residents and visitors already in the area. It is therefore more likely that traffic generated by this use specifically and the related need for parking can be absorbed by the spaces provided and on-street parking as is, common in the Aspen central core area. (8) The conditional use is consistent and compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or enhances the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development. Staff Finding: Staff feels that the proposed use is compatible with the surrounding uses in that a variety of uses including residences, lodges, offices and commercial businesses exist in the vicinity. The building fronts on Main Street and because it is not proposed for architectural changes will continue to contribute to the traditional streetscape and continue to "read" as a residential Victorian structure, much like the other converted historic Main Street residences. The building could be practically serviced for deliveries and trash removal by the alley located to the rear of the property. An on-site solid waste receptacle is provided. The alley is used in its conventional way and for its intended purpose as a place for the focus of the delivery, trash pick-up, and access to parking. In this way, the proposed use minimizes the impact on adjoining properties for these service- related activities. The abutting neighbors to the rear of the subject property which face B.leeker Street utilize the alley in the same utilitarian manner for services and parking access. Staff feels it is important that only the minimal amount of signage be allowed in accordance with the sign code and that no inside or outside window signage be allowed so as not to detract from the residential character of the structure and neighborhood, (e) The location, size, design and operating characteristics of the proposed conditional use minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding properties. Staff Finding: Parking for the proposed furniture retail use was a concern during initial discussions with the applicant. The site currently contains two (2) nonconforming parking spaces in that the spaces are not fully contained on the property. The applicant proposes to provide three (3) spaces on site with two (2) of the spaces being in a stacked arrangement. Staff feels this arrangement is workable as long as it is clear that one space must be committed to the residential use. Staff also feels that the residential space should be located so that it does not interfere with delivery and service activities off the alley. Staffs preference between the two options provided for parking arrangement is Option B with the Third Street space designated for the residential use only. The corner space along the alley frontage should be designated for delivery. It is likely that delivery vehicles will back up to the rear of the store and/or temporarily park in the alley in a typical manner for alley use. Based upon the Land Use Code, the applicant would be required to provide a total of five (5) spaces for the retail and residential use, The applicant has bettered the current situation by providing three (3). The retail use may attract more autos than the designated two (2) spaces, however staff feels that the on street parking in the vicinity can accommodate the demand. (D) There are adequate public facilities and services to serve the conditional use including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools. Staff Finding: There are adequate facilities to serve the proposed use. (E) The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use. Staff Finding: The current structure contains a studio dwelling unit which is proposed to be converted into ai-bedroom unit and the entire dwelling unit is proposed for remodeling. Currently, the residential unit is unoccupied due the unsuitable condition of the living space which is need of repair and upgrade. With the renovation, another residential unit will be put "back into circulation". The residence size as proposed would be 474 square feet in comparison to 469 square feet in the existing condition. Staff feels, and the Housing Department agrees, that this proposed use would not generate any more employees than the current office uses occupying the site. The Housing Department is not recommending any additional employee housing after evaluating employee generation of the new use. Therefore, no additional employee mitigation should be required for this conditional use. (F) The proposed conditional use complies with all additional standards imposed on it by the Aspen Area Comprehensive Plan and by all other applicable requirements of this titie. Staff Finding: The proposed use complies with the other requirements of the Municipal Code assuming Conditional Use approval and issuance of a business license, MEMORANDUM To: Joyce Ohlson, Deputy Director Community Development Thru: Nick Adeh, City Engin?;ft/ Chuck Roth, Project Engineer r!'1f- From: Date: June 18, 1999 Re: Djuna, 332 West Main Street Conditional Use Review General - (I) These comments are based on the fact that we believe that the submitted site plan is accurate, that it shows all site features, and that it is feasible. The wording must be carried forward exactly as written unless prior consent is received from the Engineering Department. This is to halt complaints related to approvals tied to "issuance of building permit." (2) If there are any encroachments into the public right-of-way, the encroachment must either be removed or be subject to current encroachment license requirements. 1. Improvement Survey - The improvement survey is unacceptable, in addition to not being wet sealed and signed, by not being accurate and complete. A sealed and stamped improvement survey should be required prior to proceeding with the application. 2. Encroachments - The fence on the front yard encroaches into the public right-of-way and must be relocated onto private property, or the applicant may apply for an encroachment license. The encroaching concrete pad and fence in the 3m Street right-of-way must be removed. 3. Trash & Utilities - Trash containers must be stored on private property and not in the public right-of-way. Any new utility meters, pedestals or transformers must be installed on the applicant's property and not in the public right-of-way. Meter locations must be accessible for reading and may not be obstructed by trash storage. 4. Parkin2 - There is essentially no on-site parking for the use. 5. Work in the Public Ri2ht-of-way - Given the continuous problems of unapproved work and development in public rights-of-way adjacent to private property, we advise the applicant as follows: The applicant must receive approval from city engineering (920-5080) for design of improvements, including landscaping, within public rights-of-way, parks department (920-5120) for vegetation species and for public trail disturbance, and streets department (920-5130) for mailboxes, street and alley cuts, and shall obtain permits for any work or development, including landscaping, within public rights- of-way from the city community development department. 99M86 JUN 15 '99 11:31AM ASPEN HOUSING OFC P.l MEMORANDUM TO: Joyce Ohlson, Community Development Department FROM: Cindy Christensen, Housing Office DATE: June 15,1999 RE: Djuna, 332 W. Main Street, Conditional Use Review ParoellD No. 2735-124-41007 Issue: The applicant Is requesting approval to remodel an existing office building, which contains a studio dwelling unit, and convert it into a furniture store with a small addition onto the residence. BACKGROUND: This building is classified as an historic landmark, therefore, according to Section 26.102.040A1b(2), fhe enlargement of an historic landmark intended to be used as a commercial or office development which increases either the building's existing floor area ratio or its net leasable square footage, but does not increase both can be exempted by the Community Development Director. The applicant is proposing to increase the Door area by approximately 193.5 square feet. but plans on decreasing the net leasable area by approximately 181 square feet. RECOMMENDATION: After reviewing the Code, staff could not find where the applicant would be required to provide any affordable housing, c1c:h\wl:lrd\rel;orra~una.m~ PUBLIC NOTICE RE: DJUNA HOME FURNISHINGS, 332 WEST MAIN STREET CONDITIONAL USE REVIEW NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, July 6, 1999 at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Djuna Home Furnishings, represented by Alan Richman Planning Services. The applicant is requesting Conditional Use approval to locate a furniture store in a building designated as a historic landmark in the (0) Office zone district. The property islocated at 332 West Main Street, which is described as Lot K and the West Y, of Lot L, Block 44, City and Townsite of Aspen. For further information, contact Joyce Ohlson at the Aspen/Pitkin Community Development Department, 130 S. Galena St., Aspen, CO (970) 920-5062. s/Robert Blaich, Chair . Aspen Planning and Zoning Commission Published in the Aspen Times on June 19, 1999 City of Aspen Account g: \planning\aspen \notices\djunacondI .doc lij ill VJlAN~ ORe fl9j'lf m------ ,,-,-----------,,---.-----,-,---,,------- ~.jp~ /kwJ~~~/Bi.J9&d?L- 'ilv I...I\D_.L' 1J..Il..rlV':. lb Itf/....rr~ ~A.JJ I/"',.y.:. tJ.t) ':Sa -w-'-!!~~ ~_~L\.~~~, ~, s----- ___ !11~L__~,~__s~~_~--~~~"-GtoU.c16lS-- of- _____ Iii ____llj__~....w_'_____________ ,-- jili(.j2~1(jI-\KTe- tL_~(~~k_~j~ _~~~~_ ':1 i 11--------------------------------------- , _, m- latY~LJJ.11kl-('(_~ ' Wo'8:'~uoTeD ~~~~ HI -4A11.A-~~.._.Afle(,W@~~~-(b-p>-r. ,'q ~r--------- --------------.------ --'" ~ < I -4~ yJJvcf'{ ~ --- , ____-iilYl~ 6J.Pr6 ~J~---!rLd~~CU.~-'_~~~ ~ Hi 0_ 0&1"",,,","""" ....\-'1': !:I~~'!~12_:12_IW_~'....l::~_~.r::~.\C_~,9 ~~. ..__ 1:1 )" 'I J.:: (1; j" ~. : I, UI 1;1 Iii "I i ' ! ------ I'll '" ~ I : nl ;;1 ;;1 1'! ~ ' J )!i I'! ',\' ;1 ;;1 Iii HI lii ll! IH Ii! 1],i i;; !.iL_______ 111 !21 . ' I'! DEVELOPMENT ORDER of the City of Aspen Community Development Department AYfet10 --qq 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. Jeffery Moore, 221 Detroit Street, Denver, CO 80206;920-1125 Property Owner's Name, Mailing Address and telephone number 332 West Main Street, Aspen, CO 81611 Legal Description and Street Address of Subject Property Conditional Use and GMQS Exemption Written Description of the Site Specific Plan and/or Attachment Describing Plan Planning & Zoning Resolution 99-20, July 20, 1999 Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) August 6, 1999 Effective Date of Development Order (Same as date of publication of notice of approval.) August 7, 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 6th day of August, 1999, by the City of Aspen Community D lopment Director. Ann Woods, Community Development Director G .Planning.Aspen.forms.DevOrder PUBLIC NOTICE Of DEVELOPMENT APPROVAL Notice is ho::reby given to the general public of the approval of a site specific development plan and conditional use for Djuna Furniture Store, 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 follo~ng described property: 322 W. Main St. (Lot K and West Y, of Lot L, Block 44, City and Townsite of Aspen) by Ordinance No. 20, Series of 1999 of the City of Aspen Planning and Zoning Commission. 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 Tho:: Aspen Times on Friday, August 6,1999 S~~WU+(Q~ J:-. r,^bL'~~ CM <6fbjC\q, ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT 13 0 South Galena Street Aspen, Colorado 81611-1975 Phone (970) 920-5090 FAX (970) 920-5439 MEMORANDUM TO: Plans were routed to those departments checked-off below: /.fiJ ........... City Engineer /.e ........... Zoning Officer ,./11;1...:....... Housing Director vi. ........... Parks Department o ........... Aspen Fire Marshal 0........... City Water' .wr - ~........... Historic Preservation Officer o ........... Transportation Plaruler o ........... City Manager 0........... Sanitation District 0........... Building Department o ,.......... Environmental Health o ........... Electric Department o .:......... City Attorney o ........... Streets Department 0,.......... RFTA, Mike Davis o ........... Community Development Director FROM: Joyce Ohlson, Deputy Director RE: Djuna, 332 West Main Street, Conditional Use Review Parcel ID Number 2735-124-41007 DATE: June2,1999 REFERRAL SCHEDULE DRC MEETING DATE: ENGINEERING REFERRAL DUE TO PLANNER: OTHERREFERRALS DUE TO ENGINEER & P,LANNER: June 9, 1999 June 18, 1999 June 16, 1999 Attached for your review and comments is an application submitted by Jeffery Moore, represented by Alan Richman. Please complete and return your referral comments according to the deadlines provided above. Thank you, Joyce. D I'St'VI \o~"cei b /2.--/ 0, 9 - .J..tv ';:>~s~ " . ...... ,', '. ..,. ,.....'.:,.::,.... .""... ,.....'.'.,..,' "':' , ........ .-;,.........,.,.." ,'.. - ..,.......H ,': .....:........ "," ,",_ ',",' S'~ 3613 .f'I~ ~ ~16(2 P~9tU (970)920-1125 May 18, 1999 Mr. Mitch Haas, Planner City of Aspen 130 South Galena Street Aspen, Colorado 81611 RE: DJUNA CONDITIONAL USE REVIEW Dear Mitch, ...ThisJ~tter transmitst()you 13 .copjesof anapplicationrequesting.conditional use review and , GMQSexempu<)fi to establish the Djuna homefutnishingsstore at 332 W. Main Street. A1soenclosedare,acheckfor$1,43Q, inpaymerit of the Plannitig..Office.applicationfee deposit and referral agency review fees, and. a ~igi1ed copy of thel'Agreement for Payment '~f City ()fAspen Developmenti\.j'JplicationFe!'ls". A,Copy of ,the list of property .owners withitl300' of this pr.oPetty is also attached. ' The s'Urvey0rwillbeprovidirigllsseveral full-sized c.opie,sof theimproveIIlents survey latler .thisweek.lwiHsubmit these to YOu as. soon as they are available. . I tI"tlst.that you will otherwise find the, application to be complete lnlill respects. However, as y.oucheckover these materials,.shouldy()u .findthe,n~ed.for us.to supplement or clarify, any aspect of the application, please do not hesitate to ask., Very truly .yours, - ,',- " , ALAN RICHMAN.J.>LANNING SERVICES 4. 'fL,:J '". >, .:c-- ,",' " ;:~ '--.,',,' "- -',':", ',.,' "',~ : ,,[" . . Alan. R.ichman, AICP, ALAN RICHMAN 921211125 P.133 ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMEN'l' Agreement for Payment of City of Aspen Development Application Fees (please Print Clellrly) CITY OF ASPEN (hereinafter CITY) and '3 e.~~ mo ok) \:) ~ '-' "'"" 01ereinafter APPLICANT) AGREE AS FOLLOWS: ' I. APPLICANT has submitted to CITY an application for Lo~,~ """ \ \} <" (., f\ WJ- C; \I'^- l). S f""e,"", r\\..o :, (hereinafter, THE PROJECT), 2, APPLICANT understands and agrees that City of Aspen Ordinance No. 43 (Series of 1996) 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 ofthe size, nature or scope of the proposed project, it is not possible at this time to ascertain thc full extent of the costs involved in processing the application, APPLICANT and CITY further agree that it is in the interest of the parties to allow APPLICANT to mal<e payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis, 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 incun-ed. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application, 4. CITY and APPLICANT fi.1!ther ag.ree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City COuncil to enable the Planning Commission and/or City Council to make legally required findings for project approval, unless ClUl'ent billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amOlmt of $ \ I.t ~() which is for (" hours of Planning 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 groUllds for suspension ofprocessing. CITY OF ASPEN APPLICANT .:; Julie Ann Woods Community Development Director City of Aspen Signature' nate: Printed Name: Mailing Address: . PROPERTY OWNERS WITHIN 300' OF 332 WEST MAIN STREET ROSENTHAL DIANNE PO BOX 10043 ASPEN CO 81612-7311 TAD PROPERTIES L TO LIABILITY CO PO BOX 9978 ASPEN CO 81612 JACOBY FAMILY L TO PARTNERSHIP CASPER J JACOBY III GEN PARTNER PO BOX 248 ALTON IL 62002 TAD PROPERTIES LTO LLC TOWNE CENTRE PROPERTIES LLC 323 W MAIN ST #301 ASPEN CO 81611 HIBISCUS GRAPE CARRIAGE CORP 1/2 INT FRONSDALARNE 1/21NT PO BOX 926 CRESTED BUTTE CO 81224 BARTON META PACKARD 6507 MONTROSE AVE BALTIMORE MD 21212 WINCHESTER ROBERT P PO BOX 5000 SNOWMASS VILLAGE CO 81615 TWIN COASTS L TO 110 WEST CST STE 1901 SAN DIEGO CA 92101 DURBIN CAROL C/O THE ASPEN GROUP 415 EAST MAIN STREET - STE 210 ASPEN CO 81611 SAMIOS CAROLE SAMIOS NICHOLAS A POBOX 867 WESTMINSTER MD 21158 SCOTT MARY HUGH 38 SUNSET DR CHERRY HILLS CO 80110 CONDER CANDIDA E 19816 GRAND VIEW DR TOPANGA CA 90290-3314 KEIM JAMES T PEITZ H QUINN JR 17550 BAR X RD COLORADO SPRINGS CO 80908-1500 SILVERSTEIN PHILIP SILVERSTEIN ROSALYN 25 KNOLLS CRESCENT BRONX NY 10463 CHAMBERS PETE 12113 DELJO DR FAIRFAX VA 22030 GOLD RANDAL S EPSTEIN GILBERT AND MOLLIE PO BOX 9813 ASPEN CO 81612 ROGERS REGINA 6 WOOD ACRES RD GLEN HEAD NY 11545 BLAU SETH J BLAU JUDITH 3896 DOGWOOD LN DOYLESTOWN PA 18901 PRICE DOUGLAS L AND VALERIE 8611 MELWOOD RD BETHESDA MD 20817 HANSEN WERNER AND HARRIET WINTER ERNST & SON INC C/O PO BOX 1006 TRAVELERS REST SC 29690 PEITZ H QUINN JR KEIM JAMES T 17550 BAR X RD COLORADO SPRINGS CO 80908-1500 HUGGIN H SCOTT 205 S MILL ST #3 ASPEN CO 81611 KOVLER RONALD A 916 LATIMER ST PHILADELPHIA PA 19107 SHEEHAN WILLIAM J AND SHEEHAN NANCY E 10 GOLF VIEW LN FRANKFORT IL 60423 HOCKMAN GEOFFREY L & MARY ANN 250 MARTIN ST STE 100 BIRMINGHAM MI 48009 SIMON LOUIS & EILEEN 1576 CLOVERLY LN RYDAL PA 19046 RICKEL DAVID 8324 BROODSIDE RD ELKINS PARK PA 19027 BRAFMAN STUART REVOCABLE TRUST BRAFMAN LOTTA BEA REVOCABLE TRUST 161 E CHICAGO #30B CHICAGO IL 60611 CRUSIUS FRANKLIN G CRUS IUS MARGARET J 5855 MIDNIGHT PASS RD APT 507 SARASOTA FL 34242 TORNARE RENE 308 W HOPKINS AVE ASPEN CO 81611 ~ FISCHER SISTIE 442 W BLEEKER ASPEN CO 81611 POTVIN SALLY ALLEN 320 W BLEEKER ST ASPEN CO 81611 STRANDBERG JOHN J & JANE T 2510 GRAND AVE APT 2403 KANSAS CITY MO 64108 BECK GLENN A PO BOX 1102 VICTORVILLE CA 92392 CARINTHIA CORP 633 E HYMAN AVE ASPEN CO 81611 JBG SECOND QUALIFIED PERS RES TRUST C/O GILDEN HORN JOSEPH B 2030 24TH ST NW WASHINGTON DC 20008 THALBERG KATHARINE 221 E MAIN ST ASPEN CO 81611 BLONIARZ JOHN W & DONNA L 1839 N ORLEANS ST CHICAGO IL 60614 SLOVITER DAVID SLOVITER ROSALIE 1358 ROBINHOOD RD MEADOWBROOK PA 19046 SLOVITOR DAVID AND ELAINE 1358 ROBIN HOOD RD MEADOWBROOK PN 19046 CITY OF ASPEN 130 S GALENA ST ASPEN CO 81611 BLEVINS J RONALD & PHYLLIS M 7532 MAHOGANY BEND PL BOCA RATON FL 33434-5121 RICHTER SAM & LAURA 50% INT 7874 AFTON VILLA CT BOCA RATON FL 33433 WHYTE RUTH PO BOX 202 ASPEN CO 81612 RISCOR INC 200 CRESCENT CT STE 1320 DALLAS TX 75201 CROWLEY SUE MITCHELL 409 S GREENWOOD AVE COLUMBIA MO 65203 VOGEL ROBERT VOGEL MARILYN 1405 ACADEMY LN ELKINS PARK PA 19027 MOUNTAIN STATES COMMUNICATIONS INC PO BOX E ASPEN CO 81612 DEROSE V F 1209 N 14TH AVE MELROSE PARK IL 60160 TEMPKINS HARRY TEMPKINS VIVIAN 420 LINCOLN RD STE 258 MIAMI BEACH FL 33139 BARKER JACK 1/21NT BARKER CARRYN ADRIANNA TRUST 1/2 INT PO BOX 7943 ASPEN CO 81612 DOBBS JOHN C & SARA F PO BOX 241750 MEMPHIS TN 38124 ASPEN HISTORICAL SOCIETY 620 W BLEEKER ST ASPEN CO 81611 COMCOWICH WILLIAM L 420 W MAIN ST ASPEN CO 81611 MCDONALD FAMILY TRUST MCDONALD W SCOTT & CAROLINE TRUSTEES PO BOX 11347 ASPEN CO 81612 DEREVENSKY PAULA 1128 GRAND AVE GLENWOOD SPRINGS CO 81601 CLICK JANE 333 W MAIN ST ASPEN CO 81611 KEINER ROBERT P 72 COURT ST MIDDLEBURY VT 05753 BROWDE DAVID A 176 BROADWAY STE 7A NEW YORK NY 10038 FLECK KATHRYN 25 BROAD STREET. APT 15C NEW YORK NY 10004-2524 " SCOTT MARY HUGH SCOTT CAPITAL CORP C/O 10488W6TH Pl LAKEWOOD CO 80215 KASPAR THERESA DOSS PO BOX 1637 ASPEN CO 81612 I ,... I I I ! r I , 1.-: r' i , DJUNA HOME FURNISHINGS APPLICATION FOR CONDITIONAL USE AND GMQSEXEMPTION [,. " I r ! r , r r- ,.- , I SUBMITTED TO , CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT .... r ,.- r ,... , r , SUBMITTEDBY ALAl'l RICHMAN PLANNINGSER:\'ICES' BOX: 3613, . . ASPEN, COLORADO 81612 920-1125 I , i " r- r E~.8 - - - , ~ i I TABLE OF CONTENTS PAGE I. INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1 II. EXEMPTION FROM GROWTH MANAGEMENT QUOTA SYSTEM ..... 3 .~ III. CONDITIONAL USE REVIEW . . . . . . . .0 . . . .. . . . . . . . . . . . . . . . . . . . . . 4 - - - - - - - - - - - - - - IV. VESTED RIGHTS ............................................. 7 V. CONCLUSION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 7 ATIACHMENTS #1 Title Insurance Commitment #2 Letter Authorizing Submission of Application #3 Letter Authorizing Submission of Application #4 Pre-Application Conference Summary MAPS AND DRAWINGS Vicinity Map Site Plan Floor Plans FAR/Net Leasable Space Analysis Improvement Survey (full size copies accompany this booklet) ,... - ... h",,, ..... - ,... ,... ..... ... ... ,... ,... ,... - ,... ,... - ,... ... I. INTRODUcnON This is an application for the re-development of the property located at 332 West Main Street (Lot K and West 1/2 of Lot L, Block 44, City and Townsite of Aspen). The property consists of approximately 4,500 square feet of land, zoned Office (0). Table 1, on the following page, provides a summary of the standards of the Office zone district. It shows that the lot is a nonconforming lot of record and the existing structure is nonconforming as to setbacks. The property currently contains an office building and a studio dwelling unit. The location of the site in relation to neighboring properties is shown on the vicinity map. An improvement survey, depicting existing conditions on the property, has also been provided. This application is being submitted by Jeffrey Moore, the owner of Djuna, a furniture store (hereinafter, "the Applicant"). Djuna will be leasing the property from its owners, Carolyn and John Seals. Proof of the ownership of the property is provided by Attachment #1, the title insurance commitment. Authorization from the owners for Djuna to submit this applicant is provided by Attachment #2. Authorization for Alan Richman Planning Services to represent the property owner for this application is provided by Attachment #3. The Applicant intends to remodel the existing office building to convert it into a furniture store. As part of the remodeling activity, the applicant also intends to reconstruct the existing studio dwelling unit on the property. At the present time, this apartment occupies the first floor at the rear of the building. It is the applicant's intention to make a small addition to the second floor of the building, which will allow the residence to be re-built as a two story apartment. The furniture store will occupy the rest of the first and second floors. A pre-application conference was held with representatives of the City (see Attachment #4, Pre-Application Conference Summary). Based on this meeting, it was confirmed that the following land development approvals are required by the Aspen Land Use Regulations to accomplish this project: Conditional Use Review, to convert the offices into a furniture store; GMQS Exemption, for a project that does not increase the net leasable commercial square footage or the number of dwelling units on the property; and Vested Rights for the project. The following sections of this application identify the applicable standards of the Aspen Land Use Regulations for these development approvals and provide a response to each standard. Conditional Use Application for Djuna Home Furnishings Page 1 I I >] I l I I TABLE 1 SUMMARY OF PROPER'lY'S ,COMPLIANCE WITH OFFICE ZONE DISTRICT DIMENSIONAL REQUIREMENTS I 1 I I 1 I , 4,500 Not applicable s.f. 4,500 s.f. Not applicable 6,000 s.f. No requirement for commercial building 45 feet 45 feet 60 feet ~elJ"ire~t!nt ",'~,,' j\lIininiilirt, ))J~ '$hie . .. .. .. . ... . .. . .. Mi~im~m LOt}\reaPef I)w~iIi~g V~t ' I 1 I I , . ,.". ]\.finimum ))JtWidtb. ..... . . . ... . , , ' .. ... . Minil1i~m>}'n)litVard ' 23 feet west side: 5 feet east side: 6 feet 23 feet west side: 3 feet east side: 6 feet 10 feet 5 feet . . . . . ., Minimum Side Yard 9.5 feet 4.5 feet 15 feet ." . . , , . ... . . :Miiiiirtt.m Rear Yard .. ........ 25 feet Not applicable 25 feet applicable Not 25 feet 10 feet .. ' , , , .. ::::C:=.::~7~.n~~~ri' JJuiltJing$oJithtlLO~ ' Not applicable Not applicable No requirement , , ' " ' .. . .. l\iinimlimJ>eroent' of Open Space ' 3,186 sq. ft. 2,992 sq. ft. 3,375 sq. ft. (0.75:1) Floor , , , , . . .. . MaiiniiiniExternal A.,:eli" 2 spaces, plus 1 space for delivery vehicles (all within property lines) 2 spaces (both encroach onto public right-of-way) for 6 spaces (5 spaces 1,800 sq. ft. of net leasable, plus 1 space per studio) , , , - . . .. . . .. . . . .. . .. . Minini1Jm NumberorOtT- Street Parking Spaces ,... "'" - - - - - - "'" ,... - - - - "'" - - ,... "'" II. EXEMPTION FROM GROWTH MANAGEMENT QUOTA SYSTEM As we discussed in our pre-application conference, there are several exemptions from the growth management quota system that could be applied to this proposal. The exemption that best fits our plans is found in Section 26.102.040 A.1.b.(2) of the Aspen Land Use Regulations, and reads as follows: "The enlargement of an historic landmark intended to be used as a commercial or office development which increases either the building's existing floor area ratio or its net leasable square footage, but does not increase both". We propose to increase the building's floor area, but to actually decrease the net leasable square footage of the building by approximately 180 sq. ft. (a 10% reduction). Table 2 provides a complete summary of these areas, by floor. TABLE 2 FLOOR AREA AND NET LEASABLE AREA SUMMARIES Floor Area Net Leasable Area . .... Existing ,Proposed ' , Existing ," , 'Proposed' " , 1st Ploor 1,452.6 s.f. 1,452.6 s.f. 825 sq. ft. 1,102 sq. ft. 2nd Ploor 1,009.2 s.f. 1,202.7 s.f. 512 sq. ft. 514 sq. ft. Attic 530.6 s.f. 530.6 s.f. 460 sq. ft. o sq. ft. .. . .. l,616sq.ft. " , Total 2;992;4s;f. 3;18S.9sJ". ,,1,797 s.f. Based on the above calculations, the proposed remodelling of the existing offices into a furniture store qualifies for this exemption, which is granted by the Planning Director. The proposal also qualifies for an exemption for the reconstruction of the existing residence (Section 26.100.050 A.2.a.), which will occur within the existing building and which will create a slightly more spacious, but far more livable, 1 bedroom apartment in place of the existing studio. Conditional Use Application for Djuna Home Furnishings Page 3 - - III. CONDITIONAL USE REVIEW _ The Office (0) zone district lists "furniture store" as a conditional use for any structure that has received historic landmark designation. The subject property received historic landmark designation pursuant to Ordinance #3, Series of 1977. - - - - - ,- ,.... - .... - ,... ,... - - - - Section 26.60.040 of the Aspen Land Use Regulations lists the standards for review of a conditional use. Those standards, and the applicant's responses, are as follows: A. The conditional use is consistent with the purposes, goals, objectives and standards of the Aspen Area Comprehensive Plan, and with the intent of the Zone District in which it is proposed to be located. Response: The proposed conditional use is consistent with the Aspen Area Community Plan (AACP). The policy of the Design Quality and Historic Preservation section of the AACP is to "Retain and encourage eclectic and varietal businesses along Main Street to maintain and enhance the special character of the historic district". The proposed furniture store is entirely consistent with this policy. The purpose of the Office (0) zone district is ''To provide for the establishment of offices and associated commercial uses in such a way as to preserve the visual scale and character of former residential areas that now are adjacent to commercial and business areas, and commercial uses along Main Street and other higher volume thoroughfares". The proposed furniture store will be consistent with this purpose, because it will preserve the visual scale and character of this former residence in the following ways: . The outside appearance of the building will not be altered along its Main Street facade, so the building will continue to appear to be a residential structure. Minor alterations are proposed to the rear of the building; these will be reviewed by the Historic Preservation Commission, pursuant to a recently submitted application. . The existing dwelling unit at the rear of the first floor of the building, which has a leaky roof and is in desperate need of modernizing, will be reconfigured and renovated, so it can once again be occupied by residents. . The interior character of the building will be remodeled from its present office configuration, into that of a more traditional victorian home, with furniture being displayed within living areas that are characteristic of a residence. B. The conditional use is consistent and compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or enhances the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development. Conditional Use Application for Djuna Home Furnishings Page 4 I"" - ... - - - - - I"" ,... J~ ... ... - ... ,.... ... - - Response: The character of the immediate vicinity is a mix of uses, including residences, lodges, offices, and commercial businesses. Historically, there have always been not just offices, but also commercial businesses along this portion of Main Street, including several locations that previously housed furniture stores. At the present time, other nearby commercial businesses nearby include The Willows of Aspen (florist), the Aspen Cyber Cafe (computer sales, service and training), and Earth Wireless (cellular telephone sales). The proposed conditional use will enhance the mix of complimentary uses in this neighborhood. It will add a residential-serving business to this area. Its impacts should be quite limited, since a furniture store is not a high volume customer business. c. The location, size, design and operating characteristics of the proposed conditional use minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on sUTTounding properties. Response: The location, size, design, and operating characteristics of the proposed furniture store are all intended to minimize adverse impacts, as follows: . Visual Impacts: The changes proposed to the exterior of the building are minimal. There will not be any changes along the Main Street frontage, except for the creation of a small patio along the east side of the building, using an existing concrete pad. This area will have a residential character. Along the Third Street frontage, the Applicant intends to demolish the existing carport. This will enable the parking that presently occurs in that area to be brought within the property boundaries. The carport is obviously not part of the historical character of the structure, and its removal will be a visual improvement to this historic landmark. Further, the two story element that will be created by the addition to the rear of the second floor will be more in scale with the historic front part of the house than is the existing flat-roof, one story element. . Pedestrian and Vehicular Circulation: No changes are planned to the sidewalks that surround the structure. As noted above, the existing parking will be brought within the property boundaries, which should be a benefit to circulation. The furniture store will generate fewer employees and customers than the existing office use (see response to standard E., below), which should actually result in a lessened traffic impact on the neighborhood from this use. . Parking: At the present time, there are only two (2) parking spaces on the property. Both of these spaces encroach into the public right-of-way. The 2 spaces compare with the standard of the Aspen Land Use Regulations, that would require 5 spaces for the existing net leasable commercial space (1,797 sq. ft. @ 3 spaces per 1,000 sq. ft.) and 1 space for the dwelling unit. Conditional Use Application for Djuna Home Furnishings Page S - - ,... As the site plan shows, the Applicant proposes to provide 3 spaces within the boundaries of the property. 2 spaces will be standard-sized automobile parking spaces, to replace the existing spaces that encroach into the right-of-way. During our pre-application conference staff informed us that since new commercial space and new dwelling units are not being developed on the property, the Applicant is not required to bring the property into full compliance with the standards of the Office zone district, as long as the existing non-conformity is not increased. The Applicant has complied with this direction. .... - - We would also point out that as demonstrated in response to standard E., below, the proposed furniture store will have fewer employees on-site than do the current offices. The existing office use consists of several separate office spaces whose occupants and clients use the on-site parking spaces and otherwise must park on the street. In comparison, the furniture store will have just two employees on site at any time, and will generate a relatively low volume of customer activity for a retail use. - . Trash and Service Delivery: Trash service will occur off of the alley, as is the case today. Service delivery will also occur off of the alley, in the location designated on the site plan for this activity. We would note that the largest vehicle that would deliver goods to the store will be no larger than the size of a typical United Parcel Service truck, so there should be adequate room along the alley for this to occur. .... .- .... . Noise. Vibrations. and Odor: These impacts will not be present in a furniture store operation. .... D. There are adequate public facilities and services to serve the conditional use including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools. ,... Response: All of these services are available at this in-town location, and the impact of the proposed conditional use on these facilities should be minimal. ,... E. The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use. - Response: The building presently contains offices on all three floor. The first floor is occupied by a single business, while the second and third floors are leased together as a .... series of offices. According to Patrick McAllister, a lawyer who represents the owner of the building, there are 2 employees using the office on the first floor, while there are 3 employees using the offices on the second and third floors. .... The total of 5 employees compares favorably with the City's employee generation factors for such uses. The Code suggests that on average, offices generate 3 employees per 1,000 sq. .... - Conditional Use Application for Djnna Home Furnishings Page 6 - ... - ft. of space. With approximately 1,800 square feet, net leasable, currently in office use, this would mean that 5.4 employees would be expected to be generated by this space. - The proposed use will generate fewer employees than currently work on the site. Based on the Applicant's experience operating a furniture store in the Denver area, he has determined - that he will be hiring no more than a total of 4 employees. There will be 2 employees operating the store at any time, and there wilJ be two such pairs of employees to cover the hours during which the store win be open. ... The applicant would be willing to agree to submit documentation to the Housing Authority on an annual basis, demonstrating that the store complies with these representations. - Since there win be no incremental increase in employees generated by this use as compared to the present use of the property, no affordable housing is required of this proposal. .... F. The proposed conditional use complies with all additional standards imposed on it by the Aspen Area Comprehensive Plan and by all other applicable requirements of this chapter. ... - Response: The proposal is otherwise in compliance with the Aspen Area Community Plan. and the Land Use Regulations. ,... IV. VESTED RIGHTS ... Pursuant to Section 26.52.080 of the Aspen Municipal Code, the Applicant hereby requests that this development be granted vested rights status. V. CONCLUSION .... In summary, we have submitted all of the materials requested of us during our pre- application conference. We have responded to the applicable standards of the Aspen Land _ Use Regulations and have demonstrated our compliance with said standards. Should any reviewing agency request additional information, or need for us to clarify any of the statements made herein, we wiJl respond in a timely manner. Please feel free to contact us - as necessary. - ,... ,.... ,... Conditional Use Application for Djona Home Furnishings Page 7 - """ ,.. - - ,.... I""' ,.... - - ,... ,.... .... ,.. ... ,.. - ,.. - ,.. ATIACHMENTS .... ,... .... - I"'" - ,.. - ,... (Ie t, 3:. 1997 8:59AM PiTKIN COUNTY TiTLE ATI'ACHMENT #1 COMMITMENT FOR TITLE INSURANCE SCHEDULE A IiI), 187~ t', /1/8 <NT Effective Date: 09/'25/97 08:30 A.M. at Case No. PCT12302C2 2. policy or Policies to be issued: la) ALTA Owner's Policy-Fonn 1992 Proposed Insured; JOHN R. SEALS M.D. and CAROLYN SEALS Amount$ 1,000.000.00 Premium$ 1,172.00 Rate:RE-ISSUE RATE (b) ALTA Loan Policy-Ferm 1992 AmountS 800,000.00 PremiumS 70 _ 00 Proposed Insured: Rate:COMPANIOK NORWEST 1>~N"K r:m,()'R14rlO, 'ill, l:\ , IT'S SUCCESSORS Aml/Op. ASSIGNS 3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitme~t is at the effective date 11~L~Ur vested in: TEAMOR CO. A FLORIDA CORPORATION 4. The land referred to in this ~omrnltment is situated in the County ,... of PITKIN, State of COLORADO and is described as follows: ,... ,... .... ,... - .... ,... .... - LOT K AND THE WEST 15 FEET OF LOT L, BLOCK 44, CITY AND TOWNSITE OF ASPEN. PITKIN COUNTY TT'l'T,F" TNr:. 601 E. HOPKINS ASPEN. CO. 81611 970-925-1766 5170-925-6527 FJI.X AUTHORIZED AGENT sehed.ule A-PG.~ This Commitment is invalid unleee the !nauring Provisions and Schedules A and E are attached. - - ~ - - 1-- - - - - - - - - /"" - 0et.,)1. 1m \i:0UAM PITkiN COUNTi TilLE N0,18i; P. oib rNT SCHEDULE B - SECTION 1 J:I!tQ'I1%Il.BNBN'1'S Th~ ful10wing 1u'e the requirements to Joe complied with: ITEM (a) Payment to or for the aocount of the grantors or mortgagors of the full consicleration for the estate or interest to be insured. ITEM (b) Proper instrument(s) creating the estate or interest to be insured must be exeouted and duly filed for reoord to-wit; :. Release by the Public Trustee of the, Deed of Trust from : THAMOR CO. A FLORIDA CORPORATION to the Public Trustee of the County of PITKIN for the use of ALPINE BANK ASPEN original amount $145,000.00 dated April 17. 1995 recorded April 26, 1995 in Book 779 at Page 454 recepr.ion no. 380807 : TEAMOR CO. ~ FLORID~ CORPORhTION : JOHN R. SEALS M. D, and CAROLYN SEALS satisfactory to the Company that THAMOR CO, is a duly and valid corporation existing pursuant to Lh.. Low:;; t,)!: l.he FLORIDA, must be delivered to and approved by the Company. NOTE: Evidence satisfactory to the company as to the authority of the person(s) executing the above ~ocument(s) must be provi~e~, subject to any additional requirements deemed necessary. 4. Deed of Trust from; JOHN R. SEALS M.D. and CAROLYN SEALS to eha ~ublic Trustee of the County of PITKIN for the use of : THE LE:-'''OER TO BE INSURED HEREUNDER :0 secure : $800,000.00 5, Evidence satisfactory to the Company that the Real Estate Transfer rax as established by Ordinanoe No. 10 (Series of 1979) and Ordinance No, 13 (Series of l~~oi has been paid or exempted. 6, Certificate of nonforeign status executed by the transferor(s). (This instrument is not required to be recorded) 7. Completion of Form DR 1079 regarding the wicholding of Colorado Tax on the sale by certain persons, corporations and firms selling Real Propert.y in the 1Jtat:e of Colorado. ('Ihi:;, inetrument is not required to be recorded) , 8. Evidence satisfactory to the Company that the Declaration of Sale, NoLh.:" Lu CuullLy A.... "'''' "H..>L' ..I; .r;'<:qu.i..r;'ed by H. B. 1288 has been complied with. (This instrument is not required to be recorded, but must be delivered to and retaine~ by the Assessors Office in the county in which the property is situated) - .... - .... - ,- - - - - - ',jet, .)j, J::;':I,I ~: UUAill ~lIKl~ CuUNlt 'iJiL~ No, 1 di . t, 0/8 'II'! SCHEDULB S SECTION 2 EXCE!'T:IONS The policy O~ policies tQ U~ ~~~~ed will con~aln exceptions to the fcl:owing unless the same are disposed of to the satisfaction of the Cump<:luy,: 1. Rights or claims of parties in possession not shown by the public records. 2. Basements, or claims of easements, not shown by the public reoOl~s. 3. ~iscrepancie., oonflicts in bo'~dary lines, shortage in area, encroaohments, 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 servioes, labor, or material heretoforp. O~ hereafter fu~ished, imposed by law and not shown by the public reCords. 5. Defeces, liens, enoumbranoes. adverse claims or other mar.r.p.~~, if any, created, first appearing in the public reoords or attaching subsequent to the effective date h..reof hur. r>~i,w 1",0 th.. date tlw propo"..ci :i,.."u.red a"qui""o of record for value the estate or inte~est or mortgage thereon ocve~ed by thia Commitment. 6. Taxes due and payable; and any tax, special assessment, charge or lien imposed for water or oower :Jcrvicc. OJ:' fc:=' an.:yot::.hc:.r o1ipe<:,ial tdX.i..Jl\:l Lll.~(...&:;.Lct. '7 Rcscr~.ations ami exceptions as 5et fO:l:th 1n Lh", O~ed from the Clty of Aspen recorded in Book 59 at Page 541 providing as follows: "That no title shall be he~eby ~~4~lL",d Lv ~ny mine ot gold, silver, cinnabar or copper or to any valid mining claim or possession held under t:lxll::::iL..l.u~ li:lwi6lT. 8. Terms, conditions, provisions, obligations and all matters as set forth in Ordinance No. 60, Series of 1976 recorded December 9, 1976 in Book 321 at Page 51. 9. Terns, conditions, provisions, obligations and all matters as set forth in Ordinance No, 3, Series of 1977 recorded March 15, 1977 in _ Book 325 at Page 942_ - - - ~ - - - This commltment is inva:id unless the Insuring Prov1~;o~~ ~~rl Schedules A and B are attached. Schedule B-Section 2 Commitment No. PCTl2302C2 ,... - ,... ,... ,... ,- - ,... ,... ,... ,... - ... ... ... - ... ,... - , / DEED OF TRUST (Colorado) 1. Grantor: John R. Seals Carolyn seal. 724 N. Baint Mary's San Anton~o, TX 78205 2. Beneficiary: NORWB:ST BANK COLORADO, NATIONAL ASSOCIATION 119 SOUTH HILL ASPZN, CO 81611 3.. Trustee: The PubliC Trustee for the County In which the property Is loceted. The following land In PITKIN LOT KAND THB WEST 15 FBST 011' LOT L, BLOCK 44 CITY AND TOWNSITE OF ASpEN. COUNTY OF PITKIN, STATE OF COLORADO County. Colorado 4. Property: 5. Obligations: (e) All Indebtedness evidenced end created by the following described promissory note (the "Note") payable to the order of Beneficiary. and all renewals, extensions and amendments thereof and substitutions therefor. Date: January 16. 1998 "b Amount: $750,000.00 Plus Interest J ~ Maturity Date: January 16, 1999 ~ ) Maker (If other than Grantor): . . (b) future advances made by Beneficiary on or before the maturity date of the Note plus Interest thereon provided any required notice of right to rescind or cancel has been given; (0) all expenditures made or Incurred by beneficiary pursuant to the provisions of the Note and this deed of lrust together with tnterest thereon, (d) other. 6. Construction Mortgage: If checked here L-)thls deed of trust secures an Indebtedness for construction purposes es described In CRS (1973) seclion 4.9-313 THE GRANT, TERMS AND CONDITIONS SELOW AND ON THE REVERSE SIDE ARE A PART OF THIS DEED OF ::~e~T A::::.::E~:~Y11;9~ORPORATED INTO IT, xk\D .' . --~-,,- ,~~~ ~~!!t\ TRACYG.FI1EtlCIl x. _~O~ ~OAU t:C).t-, NOUIYP1lb:jC.Gt~oJoITe)'ols Caro~yn Seals Attest: ~ ;1, ~.. ~ Mi CllC~\lI~~IOIl EXflr1.ls Co-owner, spouse or other claimant of a right with respect to the real property described above loins In granting the lien and waiver set forth In paragraph 13 olthls deed of trust, but does not assume any liability for payment of the Note. Date: -'.:-''' . q ~ -- I e..")<d. 'ir" STATE OF COLORADO ) ) ss. ) The foregoing Instrument was acknowledged before me this _11> by 1olu,l/ tA.CO(jlf ~t~l~ . ~1O-flt.S (as President and dayof 1IUfu.aYj--' 19..1a. as Secretary of ~ ~~1)1 gt My commission expires f . t. t, . q TaACY 11. fRENCH ~ NOU.l'iPUlllic.titatllOl~'~ My COl!'~~~~~n ~!~:o:o a corporation). Witness my hand and official seal. 8S'~'3a6lJWv. 7/.8) ~ ... - - ... - ,... ... ... - ... - ... ... ... ... ... ... ... ... ATl'ACHMENT #2 JOHN R. SEALS. M.D. BOARD CERl1FIED IN ADULT AND CHlUJ NEUROLOGY TEXAS NEUROSCIENCES INsmUTE 4410 MED1CAL DRIVE, SUITE 400 SAN ANTONiO, TEXAS 78229 (210) 615-2222 Mr. Mitch Haas, Planner City of Aspen 130 South Galena Street Aspen, Colorado 81611 RE: APPL1CATiON FOR CONDiTiONAL USE Dear Mitch, We are the owners of the building located at 334 West Main Street in Aspen. Mr. Jeffrey Moore is a prospective lessee of the building. We hereby authorize Mr. Moore to submit those applications to your office that are necessary for him. to be able to occupy the premises with his home furnishings store. Should you have any need to contact us during the course o/your review of this application, please do so through Alan Richman Planning Services, who is Mr. Moore's representative for this application. Sincerely, d::::::d~ C~~ 4414 Medical Drive, Suite 400 San Antonio, Texas 78229 """Purnishings for the cultivated ATl'ACHMENT #3 - ceremony of life - . - DJUNA - I"" March I, 1999 I"" Mr. Mitch Haas, Planner City of Aspen 130 South Galena Street Aspen, CO 81611 - RE: APPLICATION FOR CONDITIONAL USE - Dear Mr. Haas: - I am the owner of DjUNA,a home furnishings store in Denver. It is my intention to locate a business within the City of Aspen, I hereby authorize Allen Richman Planning Services to act as the designated representative of DjUNA Aspen for the land use application we are submitting to your office. Alan Richman is authorized to submit those applications necessary to convert the offices at 334 Main Street into a home furnishings store. He is also authorized to represent DjUNA Aspen in meetings with City of Aspen staff and the Aspen Planning and Zoning Commission. - - - Should you have the need to contact me during the course of your review of this application and I am not available, please go through Allen Richman Planning Services. The address and telephone number are included in the land development application. - Sincerely, - - - - - TWO TWENTY ONE DETROIT STREET. DENVER, COLORADO 80206. PHONE 303 355.3500 FAX 303 355.1412 - ATl'ACHMENT #4 .... CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY' .... PLANNER: Mitch Haas, 920-5095 DATE: 3/16/99 PROJECT: D' Juna Furniture Store at 332 West Main Street -- Conditional Use Review and GMQS Exemption - REPRESENTATIVE: Alan Richman Planning Services--- 920-1125 Charles Cunniffe Architects --- 925-5590 ,... OWNER: Jeffrey Moore .... .... TYPE OF APPLICATION: Conditional Use Review for a furniture store in an historic landmark within the (0) Office Zone District; and, GMQS Exemptions for I) the reconstruction of a demolished dwelling unit pursuant to Section 26.1 00.050(A)(2)(a)((2)), and 2) the change in use of an historic landmark pursuant to Section 26.1 02.040(A)(l )(b). .... .... DESCRIPTION: The applicant would like to remodel an existing historic landmark that contains offices and one dwelling unit (apartment). The remodel would entail converting the offices into a first and second story furniture store and relocating the apartment to an alternative location within the structure (the third floor). Furniture stores in historic landmarks are a conditional use in the (0) Office zone district, and therefore, require approval from the Planning and Zoning Commission at a duly noticed public hearing. Moving the apartment is considered demolition and reconstruction, and this requires a GMQS Exemption from the Community Development Director. Similarly, the enlargement of an historic landmark intended to be used as commercial development which: I) does not increase the building's existing floor area ratio or its net leasable square footage, or 2) does increase the building's existing floor area ratio or net leasable square footage (but not both), or 3) changes the building's use but does not increase its existing floor area ratio shall be exempted from the GMQS scoring and competition procedures by the Community Development Director. Any exterior alterations will require approval from the Historic Preservation Commission, as explained in the letter from Amy Guthrie (under separate cover). .... .... ,... ,... Applicable Land Use Code Section(s) - - Chapter 26.60, Conditional Uses; Section 26.28.180, Office (0) Zone District; Section 26.100.050(A)(2)(a)((2)), Residential GMQS Exemptions by the Community Development Director; and, Section 26.1 02.040(A)(l)(b), Commercial/Office GMQS Exemptions by the Community Development Director. - Also see: Chapter 26.72, Development Involving the Inventory of Historic Sites and Structures; Chapter 26.36, Signs; Chapter 26.44, Park Development Impact Fee; 26.40.080(B), Lights; and, Chapter 26.52, Common Development Review Procedures. .... .... ,... ,.... _ Planning Fees: Community Development pepartment, the Historic Preservation Commission, and the City of Aspen Planning and Zoning Commission. Yes, the conditional use review requires a public hearing, and the notice requirements outlined in Chapter 26.52 (publication, posting and mailing) will have to be followed. Referral Agencies: Engineering, Parks, Zoning, Housing, Fire Marshal, Water, Streets, Electric, ACSD, Building, and Historic Preservation Officer. Planning Minor Deposit ($1,110) --- this covers up to six hours of planning staff time; additional hours spent will be billed at a rate of $1 85/hour; likewise, if fewer than six hours are spent, the remainder of the deposit shall be refunded. - Referral Agency Fees: Engineering, Minor ($160), Housing ($160). Total Deposit: $1,430. Public Hearing: ~ Review by: - ~ To apply, submit the following information: (Also see Section 26.52.030, Application and Fees) I. Proof of ownership 2. Signed fee agreement - 3. Applicant's name, address and telephone number in a letter signed by the applicant which states the name, address and telephone number ofthe representative authorized to act on behalf of the applicant. ~ 4. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of 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. 5, Total deposit for review of the application - 6. ~ Copies of the complete application packet and maps (includes HPC copies, 23 if keeping applications separate), HPC = 12; PZ = 10; GMC = PZ+5; CC = 7; Referral Agencies = 1/ea.; Planning Staff = 2 ,.... 7. An 8 y," by II" vicinity map locating the parcel within the City of Aspen. 8. Site improvement survey including topography and vegetation showing the current status, including all easements and vacated rights of way, of the parcel certified by a registered land surveyor, licensed in the state of Colorado. (This requirement, or any part thereof, may be waived by the Community Development Department if the project is determined not to warrant a survey document.) ,.... 9. A written description of the proposal and an explanation in written, graphic, or model form describing how the proposed development complies with each and every review standard relevant to the development application. Please include and clearly indicate existing conditions as well as proposed. ,.... 10. List of the names and addresses of all adjacent property owners within 300', exclusive of public rights-of- way, for public hearings. II. Copies of prior approvals. ,.... 12. All other materials required pursuant to the submittal requirements packets, - .... ,.... In the event that you should have any questions regarding the foregoing, please do not hesitate to contact Mitch Haas of the Community Development Department at 920-5095 or by email atmitchh@ci.aspen.co.us. .... * The foregoing summary is advisory only and is not binding on the City. The opinions contained herein are based on current zoning and regulations, which are subject to change in the future, and upon factual representations that mayor may not be accurate. The summary does not, in any way, create a legal or vested right. ,.... ,.... .... - - - - I"" - - - - - - - - - - - - - MAPS AND DRAWINGS - - - ~ 9- ~ ""-;.. '" .._""v v u 11 - - , - )l~ -tz11g ~ :~;' "'~ .I..~ \ ,.\~ '\ IJ "~~4 ~, \ - ~- ~'!{ s~'''ti\ ~~.. ~-~ '~ " , ~.,. ,~ , \ ,/' - - ~I Ii l/ I", , <t,. >~./.~ 1#//, ........'. $ 'It .r-r/ f ~I ~I ... '/ :::j ., , ';5/ ~ " - //:)332 ~l( W. MAIN Aspen West - - .. ._-- liB .... .... ~ ~ ~, ~ ~ ~ i P ~I i!h~ ~ ~ ~ . ~ :. ~ i ~ . . 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