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Home My WebLink AboutLand Use Case.CU.500 W Main St.A109-012735-124-43-007 A109-01 — 500 W. Main St. Conditional Use :�;O-ANtiEp //-W05 C u 71ut COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5090 City of Aspen Land Use: 1041 Deposit 1042 Flat Fee 1043 HPC 1046 Zoning and Sign Referral Fees: 1163 City Engineer 1205 Environmental Health 1190 Housing Building Fees: 1071 Board of Appeals 1072 Building Permit 1073 Electrical Permit 1074 Energy Code Review 1075 Mechanical Permit 1076 Plan Check 1077 Plumbing Permit 1078 Reinspection 1079 Aspen Fire Other Fees: 1006 Copy 1165 Remp Fee 1302 GIS Maps 1303 GIS Fee 1481 Housing Cash in Lieu 1383 Open Space Cash in Lieu 1383 Park Dedication 1468 Parking Cash in Lieu Performance Deposit 1268 Public Right-of-way 1 164 School District Land Ded. 1 TOTAL NAME(,�/FH!�' ADDRESS/PROJECT: PHONE: CHECK# CASE/PERMIT#: y.''-- / # OF COPIES: DATE: - : � � �' i� INITIAL: •! 0 CASE NUMBER PARCEL ID # CASE NAME PROJECT ADDRESS PLANNER CASE TYPE OWNER/APPLICANT REPRESENTATIVE DATE OF FINAL ACTION CITY COUNCIL ACTION PZ ACTION ADMIN ACTION BOA ACTION DATE CLOSED BY A109-01 2735-124-43007 500 W. Main Conditional Use 500 W. Main St. James Lindt Conditional Use Carrie Bellotti Alan Richman 1 /15/02 Resolution #1-2002 Approved w/ Condition 1 /16/02 J. Lindt r-I u PARCEL ID: 2735-124-43007 DATE RCVD: 11/9/01 # COPIES:F CASE NO A109-01 CASE NAME 500 W. Main Conditional Use PLNR:�� PROJ ADDR: 500 W Main St. CASE TYP:l Conditional Use STEPS:r— OWN/APPA Carrie Bellotti ADR PO Box 8238 C/S/Z: Aspen/C0/81612 PHN: REP: Alan Richman ADR: PO Box 3613 C/S/Z: Aspen/CO/81612 PHN; 920-1125 FEES DUE 1205 D 180 E FEES RCVDI 1385 STAT: 1 REFERRA REF;r BYl— DUE: MTG DATE REV BODY PH NOTICED7 DATE OF FINAL ACTION: CITY COUNCIL: REMARKS PZ: _ BOA: CLOSED: : << BY: ( 1 t DRAC: _ PLAT SUBMITD: r PLAT (BK,PG):� ADMIN:j j mu'p— j lJ � DEVELOPMENT ORDER of the City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three-year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site specific development plan as described below. Rankin Consulting, LLC., 500 W. Main Street Aspen, CO 81611 Property Owner's Name, Mailing Address and telephone number Lots R-S Block 30 City and Townsite of Aspen, 500 W. Main Street Legal Description and Street Address of Subject Property Conditional Use Approval for a Pilates and Yoga Studio in the first floor and basement Written Description of the Site Specific Plan and/or Attachment Describing Plan Planning and Zoning Commission Resolution #01-2002, January 15, 2002 Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) January 26, 2002 Effective Date of Development Order (Same as date of publication of notice of approval.) January 27, 2005 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 26t' day of January, 2002, by the City of Aspen Community Deivelonment Director. Joyce,/)hlson, Community Development Deputy Director 0 TO: THRU: FROM; RE: DATE: MEMORANDUM Aspen Planning and Zoning Commission Joyce Ohlson, Deputy Director James Lindt, Planner .- Mesa Store, 500 W. Main St. - Conditional Use Public Hearing January 15, 2002 APPLICANT: Carrie Bellotti REPRESENTATIVES: Alan Richman LOCATION: Mesa Store, 500 W. Main St. ZONING: Office PROPOSED LAND USE: Pilates and Yoga Studio REVIEW PROCEDURE:{ Conditional Use: F,1a t �� The Planning and Zoning Commission shall by resolution approve, approve with conditions, or deny a development application for a conditional use, after recommendation by the Community Development Director. SUMMARY: A Health and Fitness Facility is a conditional use in the Office Zone District. Carrie Bellotti is requesting conditional use approval to operate a Pilates and Yoga Studio in the first floor and the basement of the Mesa Store located at 500 West Main St. Staff feels that a Pilates and Yoga Studio fits under the use category of Health and Fitness Facility. The front portion of the first floor is proposed to be used for approximately seven (7) to ten (10) pieces of Pilates equipment. The back portion of the first floor is proposed to be used for yoga classes. The basement area is proposed to be converted from office space to men's and women's changing rooms. The applicant expects to instruct yoga classes up to six hours a day. The applicant believes that they will only allow for up to about 14 people in each class because of physical space constraints. The area set aside for yoga classes would only consist of between about 500 and 600 square feet. STAFF COMMENTS: There are 8-10 onsite parking spaces on the west side and to the rear of the building. Previously, Aspen Cyber Care held computer boot camp classes out of this space which would draw similar numbers of patrons to the site as the proposed classes will. Land Use Code Section 26.515.030, Off -Street Parking, requires that commercial establishments in the Office Zone District provide 3 off-street parking spaces for each 1,000 square feet of commercial space. The Mesa Store contains between 2,000 and 3,000 square feet of net leasable square footage which would require between 6-9 off-street parking spaces. Therefore, this parcel contains enough off-street parking to meet the heightened parking demand required for doing a class type use. The change in use of the basement from an office use to a men's and women's changing room will be handled administratively by the Community Development Director because the site is designated as a historic landmark. Pursuant to Land Use Code Section 26.470.070(D)(1), Change of Use, a historic landmark can gain an exemption from the Growth Management Quota System for a change in use under the authority of the Community Development Director. Staff feels that the use will have minimal impact on the surrounding neighborhood and believes that the use will be compatible with the variety of uses that currently exist on Main Street. The proposed use of a Pilates and Yoga Studio will be complimentary to the variety of the medical offices that exist on West Main Street. There will be very little visual impact from the proposed use in that there are no exterior changes proposed for the building. Staff feels that a condition of approval limiting the hours of operation from 7 AM to 7 PM would be appropriate in this case to insure that any traffic impacts heightened by the proposed use will not adversely effect the single-family residences to the west and north of the subject property. Staff finds that the proposed Pilates and Yoga Studio also meets the Conditional Use criteria set forth in Land Use Code Section 26.425.050 and recommends that the Planning and Zoning Commission approve the application with conditions as follows: 1. The applicant shall obtain a business license from the City of Aspen Finance Department prior to opening. 2. The applicant shall obtain a sign permit prior to erecting any exterior signage. • • REFERRAL COMMENTS: 4. The applicant shall not have classes of greater than fourteen people at one time. 5. The applicant shall install a fire sprinkler system in basement if it is over 1,500 square feet in size. 6. The applicant shall install a fire sprinkler system on the first floor if the entire building exceeds 5,000 square feet in size, including the basement area. 7. The applicant shall provide a bear -proof dumpster in the alley. 8. The first floor bathroom shall meet the minimum accessibility standards pursuant to the Uniform Building Code. 9. The applicant shall test for and remove all asbestos in the basement and first floor. The Building Department has requested that the applicant make the first floor bathroom meet the Uniform Building Code requirements for minimum accessibility in order to act as both a bathroom and a changing room for patrons with physical disabilities. The Parks Department has requested that the applicant install a bear -proof trash dumpster. The Fire Marshal has requested that the applicant install a fire sprinkler system in the basement if it is over 1,500 square feet. The Environmental Health Department requires that the applicant test for and remove any asbestos that may exist on in the basement and the first floor in which they are remodeling the interior. RECOMMENDATION: Staff recommends the Planning and Zoning Commission approve the Conditional Use for a Pilates and Yoga Studio at 500 W. Main Street, with conditions. RECOMMENDED MOTION: "I move to approve Resolution No. , Series of 2002, approving the conditional use for a Pilates and Yoga Studio at 500 West Main Street in the Office Zone District with the conditions as contained within the resolution." ATTACHMENTS: Exhibit A Review Criteria and Staff Findings Exhibit B Referral Agency Comments Exhibit C Application Exhibit D Letter of Authorization from Bob Rankin (Building Owner) EXHIBIT A PILATES AND YOGA STUDIO CONDITIONAL USE REVIEW CRITERIA & STAFF FINDINGS 26.425.040 Standards applicable to all conditional uses. When considering a development application for a conditional use, the Planning and Zoning Commission shall consider whether all of the following standards are met, as applicable. A. The conditional use is consistent with the purposes, goals, objectives and standards of the Aspen Area Community Plan, with the intent of the zone district in which it is proposed to be located, and complies with all other applicable requirements of this Title; and Staff Finding Staff believes that the proposed conditional use is compatible and complimentary to the surrounding uses. A Yoga and Pilates Studio promotes health and fitness and is complimentary to the other medical offices on West Main Street which are also in the Office Zone District. Staff finds that the proposed application does promote the ideology set forth in the AACP that calls for the community to promote "the Aspen Idea of mind, body, and spirit" as pointed out in the applicant's memo. Staff believes this criterion is met. 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; and Staff Finding Staff believes that the proposed use is complimentary to the uses in the immediate vicinity. Main Street has a variety of uses from restaurants to medical offices and single- family residences. Staff feels that the proposed use is sufficiently separated from the single-family residence to the west because of the extra lot between the residence and the Mesa Sore. The extra lot used for parking increases the building's setback from the single-family residence to the west. Staff believes this criterion is met. C. The location, size, design and operating characteristics of the proposed conditional use minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding properties; and Staff Finding Staff believes that the proposed use will have minimal adverse effects on the surrounding areas. Staff is proposing conditions of approval that would limit the operating hours from 7 AM to 7 PM and that would limit the number of people that can attend a yoga class to 14 in an effort to minimize any adverse effects. Staff feels that the use will not create trash, noise, odor, or delivery impacts on surrounding properties. Staff finds that there is sufficient off-street parking available to accommodate the use. Staff believes this criterion is met. 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; and Staff Finding Staff believes that there are adequate public facilities in the vicinity to serve the proposed conditional use. Staff believes this criterion is met. E. The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use; and Staff Finding The proposed conditional use may obtain an exemption from the Growth Management Quota System for a change in use because the Mesa Store is a Historic Landmark. Pursuant to Land Use Code Section 26.470.070, Change of Use, a GMQS exemption may be granted by the Community Development Director for a change in use within a Historic Landmark. The applicant has shown that the proposed use will actually employ less employees than the previous uses in the subject space. Staff believes this criterion is met. 0 0 CX V l I,h I l 11P // MEMORANDUM To: Development Review Committee From: Richard Goulding, Project Engineer Reference DRC Caseload Coordinator Date: December 4,2001 Re: 500 West Main Street, Conditional Use The Development Review Committee has reviewed the Innsbruck PUD at their November 28, 2001 meeting, and has compiled the following comments: General Sufficiency of Submittal: DRC comments are based on the fact that we assume the submitted site plan is accurate, that it shows all site features, and that proposed development is feasible. The wording must be carried forward exactly as written unless prior consent is received from the Engineering Department. This is to alleviate problems and delays related to approvals tied to "issuance of building permit." 2. R.O.W. Impacts: If there are any encroachments into the public rights-ofway, the encroachment must either be removed or be subject to current encroachment license requirements. Site Review Site Drainage — Requirement —.The foundation drainage system should be separate from site storm drainage system. Rain and snow melt runoffmust be detained and routed on site. These facilities must be shown on drainage plans and submitted for approval prior to application for building permit. The drainage may be conveyed to existing landscaped areas if the drainage report demonstrates that the percolation rate and the detention volume meet the design storm Information — The City drainage criteria needs to be implemented completely. This includes but is not limited to erosion control, soil stabilization, and re - vegetation in disturbed areas. Also, there needs to be an analysis of where the drainage will flow 2. Sidewalk, Curb, and Gutter — Requirement- sidewalk, curb, and gutter must be designed using the City of Aspen design standards which are available in the City Engineering Department. 3. Fire Protection District— Requirement — Fire Protection District requests the following revisions be made: Page 2 of 5 • • December 4 ,2001 500 West Main Street Conditional Use a. If the total floor area of the building exceeds 5000 square feet it will need to be sprinkled b. If the floor area of the basement exceeds 1500 square feet it will need to be sprinkled 4. Transportation — Requirements- The information were forwarded by Transportation department: a. No Comment 5. Building Department — Requirements — The following requirements were forwarded by the Building Department: The Building Dept. views this application as a change in the character of the use of the building. We reference sec 3404 of the 97 UBC for CHANGE IN USE which would require the building to come into compliance like a new building. This would require the Bathroom to be re configured to meet sec 1105 for FACILITY ACCESSIBILITY which would reference the ICC/ANSI A117.1-1998 as a design standard. This room could also be equipped to be used for changing and bathing to meet 1105.2.1 providing at least one type of fixture or element to be accessible 6. Parking — Requirement — The following requirement has been forwarded by the Parking Department: a. No comment 7. Engineering Department — Requirement- The following requirements have been provided by the Engineering Department: a. No comment at this time Information — The following information has been provided by the Engineering Department: a. The submittal of the construction plans to Engineering Department for reviews prior to application for building permit will benefit the developer and will facilitate timely processing of the Building Permits. 8. Streets Department — Requirement- The following requirements have been provided by the Streets department Page 3 of 5 0 • December 4 2001 500 West Main Street Conditional Use a. No comment 9. Housing Office — Requirements — The following requirements have been provided by the Housing Office: a. No comment 10. Community Development — Requirements — The following requirements have been provided by the Community Development Office: a. Comments will 11. Emergency Management Disaster Coordinator — Requirement - The following requirement has been provided by the Pitkin County Disaster Coordinator: a. No comment at this time 12. City Environmental Health Director — Requirements- The following requirements were made by the Environmental Health Director: a. Tests are to be performed on all suspect material in the building for asbestos. 13. Parks — Requirement- The following requirements have been made by the Parks Department: a. Dumpsters in the alley are to locked at all times 14. Utilities: - Water: City Water Department - Requirement — As a request of the City of Aspen Water Department, revisions need to be made as follows: a. All uses and construction will comply with the City of Aspen Water System standards and with Title 25 and applicable portions of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code - Wastewater: Page 4 of 5 • December 4 ,2001 500 West Main Street Conditional Use Aspen Consolidated Waste District — Requirement — The following was provided by the Aspen Consolidated Waste District: a. No comment - Construction: Work in the Public Right of Way Requirement — Given the continuous problems of unapproved work and development in public rights -of -way adjacent to private property, we advise the applicant as follows: Approvals 1. Engineering: The applicant receives approval from the City Engineering Department (920-5080) for design of improvements, including grading, drainage, transportation/streets, landscaping, and encroachments within public right of way. 2. Parks: The applicant receives approval from the Parks Department (920- 5120) for vegetation species and for public trail disturbance. 3. Streets: The applicant receives approval from the Streets department (920-5130) for mailboxes, finished pavement, surface materials on streets, and alleyways. 4. Permits: Obtain R.O.W. permits for any work or development, involving street cuts and landscaping from the Engineering Department DRC Attendees Staff: James Lindt Richard Goulding Dennis Murray Ed Van Walraven Applicant's Representative: Alan Richman Page 5 of 5 . • December 4 ,2001 500 West Main Street Conditional Use Lee Cassons Brian Flynn Lynn Bader Jannette Whitcome DEC.10.2001 2:45PM ASPEN HOUSING OFC 10 • MemORANDUM TO. James Undt FROM: Cindy Christensen DATE: December 10, 2001 RE. PXLAM AND YWA 57VDZO C01VD=0Ak4L USE Parcel IO Alo, 2735.124.43^007 NO.549 P.1 LWVS., The Qpplicant is requesting conditional use approval for a proposed health and fitness center in the historic Mesa Store building, located at 500 West Man Street. Ai1arg-0UND: The Mesa Store building is designated a historic landmark and is located in the Main Street Historic Overlay District. The first floor is the only floor affected with this conditional use approval. The previous employer as Aspen Cyber Care and had approximately six employees on site, The health and fitness center is proposing fewer employees. Due to the fact that the building is designated as a historic landmark, the applicant is not required to mitigate for employee housing. RECOMME/VDATI_ON: Staff does not have a problem with this application since there is no mitigation requirement due to the historic landmark designation and the applicant's statement that fewer employees will be used in this space compared to the previous owner. The applicant is also not increasing the floor area for this space. Iwoedroferr 40)afean*.doc RESOLUTION NO. 1 I! (SERIES OF 2002) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING THE A CONDITIONAL USE FOR A PILATES AND YOGA STUDIO AT 500 WEST MAIN THAT IS LOCATED IN THE OFFICE ZONE DISTRICT, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. Parcel Identification # 2735-124-43-007 WHEREAS, the Community Development Department received an application from Carrie Bellotti, represented by Alan Richman, requesting conditional use approval for a Pilates and Yoga Studio at 500 West Main Street; and, WHEREAS, pursuant to Section 26.710.180(C)(6) of the Land Use Code, the Office Zone District allows for a Health and Fitness Facility as a conditional use; and, WHEREAS, pursuant to Section 26.425 of the Land Use Code, the Aspen Planning and Zoning Commission may approve a conditional use during a duly noticed public hearing after considering comments from the general public, a recommendation from the Community Development Director, and recommendations from relevant referral agencies; and, WHEREAS, the Community Development Department reviewed the application and recommended approval with conditions; and, WHEREAS, during a duly noticed public hearing on January 15, 2002, the Planning and Zoning Commission approved, by a six to zero (6-0) vote, a conditional use approval for a Pilates and Yoga Studio at 500 West Main Street, with the conditions contained herein; and, WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, the Aspen Planning and Zoning Commission fords that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. 0 NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION as follows: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the conditional use approval for a Pilates and Yoga Studio at 500 West Main Street is approved subject to the conditions described hereinafter. Conditions of Approval: 1. The applicant shall obtain a business license from the City of Aspen Finance Department prior to opening. 2. The applicant shall obtain a sign permit prior to erecting any exterior signage. 3. The applicant shall not have classes of greater than fourteen people at one time. 4. The applicant shall install a fire sprinkler system in basement if it is over 1,500 square feet in size. The applicant shall install a fire sprinkler system on the first floor if the entire building exceeds 5,000 square feet in size, including the basement. 6. The applicant shall provide a bear -proof dumpster in the alley. 7. The first floor bathroom shall meet the minimum accessibility standards pursuant to the Uniform Building Code. 8. The applicant shall test for and remove all asbestos in the basement and first floor. Section 2: This Resolution shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 3: If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED by the Commission at its regular meeting on January 15, 2002. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney ATTEST: Jackie Lothian, Deputy City Clerk Jasmine Tygre, Chair • Denis Murray, 03:16 PM 11/28/2001 -0700, No Subject X-Sender: denism@comdev X-Mailer: QUALCOMM Windows Eudora Pro Version 4.2.2 Date: Wed, 28 Nov 2001 15:16:44 -0700 To: richardg@co.pitkin.co.us From: Denis Murray <denism@ci.aspen.co.us> Cc: jamesl@co.pitkin.co.us Hey Richard, The Building Dept. views this application as a change in the character of the use of the building. We reference sec 3404 of the 97 UBC for CHANGE IN USE which would require the building to come into compliance like a new building. This would require the Bathroom to be re configured to meet sec 1105 for FACILITY ACCESSIBILITY which would reference the ICC/ANSI A117.1- 1998 as a design standard. This room could also be equipped to be used for changing and bathing to meet 1105.2.1 providing at least one type of fixture or element to be accessible Printed for James Lindt <jamesl@ci.aspen.co.us> EXHIBIT #3 RANKIN CONSULTING, LLC elo Robert a.nd Joyce RanWn 500 'west Malec Stmet Aspen, Caiorsda 21411 November 6. 2001 ' — --- City Of A8p01] 130 South Galma Street ' Aspcn, Colorado 81611 Re: MeM Stor t Baildinr Ladies and (3=tk:mrn: Please allow this letter to serve ra aucilrization on behalf of Canis Bellotti and/or a legal entity contrnllod by her and her represen[a iv", Alm Richman aDA Kaufxaan & Pet=oc' P.C. to epply ft)s a conditional use pemii[ pursuam Ta the Cary e f Asprn land use code and zoning re" cna for a yoga and prates studio in the Mtn Stem Building, Ile undaraijuad executea this lev= in its city as the owns= of the Mesa Store Building. Should rm hate say questiona, please do not hesitate to contact us. Youn very truly. RANKIN CONSULTING, LLC By Robert Ran)& • i AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: �O� , i' �n s� .aspen, CO SCHEDULED PUBLIC HEARING DATE: ��t,�LA(a 1�1 / 1 , 200 , STATE OF COLORADO ) ) ss. County of Pitkin ) Ct M e,5 L—1 toJ (name, please print) being or representing 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 I 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 ten (10) days prior to the public hearing and was continuously visible from the _ day of , 200_, 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 ten (10) 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-grof—tTty subject to the development application, and, 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 any federal agency, state, county, municipal government, school, service district or other governmental or quasi -governmental agency that owns property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) Rezoning or test 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 has been available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. mature The foregoing "Affidavit of Notice" was acknowledged bef re me thi day of 67 c� r —, , 200) , by �� _S 1 —� PUBLIC NOTICE RE: 500 W. MAIN ST CONDITIONAL USE TO OPERATE BASEMENT N D FIRST FLOOR AS A HEALTH AND FITNESS FA NOTICE IS HEREBY GfVEN•,hat a public hearing will be held on Tuesday. January 15, 2002, at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities Room, City Hall, 130 S. Galena St., Aspen, to con- sider an application submitted by Carrie Bellotti requesting approval for a conditional use in the Office Zone District to operate a Pilates and Yoga Studio. The subject property is commonly known as the Mesa Store and is legally described as Lots RS, Block 30, City and Townsite of Aspen. For further information contact James Lindt at the Aspen/Pitkin Community Development De. partment, 130 S. Galena St., Aspen, CO (970) 920- 5095, jameslOci.aspen.co.us. s/Jasmine Tygre, Chair Aspen Planning and Zoning Commission Published in The As n Times on December 22, 2001.(8209) WITNESS MY HAND AND OFFICIAL SEAL My commission expires Notary Public ATTACHMENTS: COPY OF THE PUBLICATION )GRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OtiNVERSAND GOVERNMENTAL AGENCIES NOTICED BYAL4IL • AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: S �% L �s'� �`^� ` S-tiE Aspen, Co SCHEDULED PUBLIC HEARING DATE: '_7� pr' \. i , 200 '1 STATE OF COLORADO ) ) SS. County of Pitkin ) I, N l P, 0,, AA W.%, (name, please print) being or representing 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 g least fifteen (15) days prior to the public hearing. A copy of the public q attached hereto. Posting of notice: By posting of notice, which form was obtained frole e Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches 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 ten { I 0) days prior to the public hearing and was continuously visible frQtn the day of �^W AL-3 , 200 1 , 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 ten (10) 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, and, 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 any federal agency, state, county, municipal government, school, service district or other governmental or quasi -governmental agency that owns property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) 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 has been available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. Signature The foregoing "Affidavit of Notice" was acknowled ed before me this �/1day .�P. ••' ' • •.0 WITNESS MY HAND AND OFFICIAL SEAL �• 1F NE :O My c iS n expir K0�H n ,J� .Q l9 j�F o F �. GD otary Publi ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL PUBLIC NOTICE RE: 500 W. MAIN STREET CONDITIONAL USE TO OPERATE BASMENT AND FIRST FLOOR AS A HEALTH AND FITNESS FACILITY NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, January 15, 2002, at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities Room, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Carrie Bellotti requesting approval for a conditional use in the Office Zone District to operate a Pilates and Yoga Studio. The subject property is commonly known as the Mesa Store and is legally described as Lots R-S, Block 30, City and Townsite of Aspen. For further information contact James Lindt at the Aspen/Pitkin Community Development Department, 130 S. Galena St., Aspen, CO (970) 920- 5095, jamesl@ci.aspen.co.us. s/Jasmine Tygre, Chair Aspen Planning and Zoning Commission City of Aspen Account Published in the Aspen Times on December 22, 2001 v 501 WEST MAIN LLC 314 S GALENA ST #200 ASPEN, CO 81611-1818 PROPERTY OWNERS WITHIN 300' OF 500 WEST MAIN STREET *H HOLDING COMPANY GUNNISON • A COLORADO CORPORATION PINE B BANK ASPEN 435 W MAIN ST 600 E HOPKINS AVE ASPEN, CO 81611 ASPEN, CO 81611 ASPEN CONDOMINIUM ASSOCIATION ASPEN HOUSING LLC 600 E HOPKINS AVE STE 304 233 MILWAUKEE ST ASPEN, CO 81611-2934 DENVER, CO 80206 ASPEN ULLR HOUSING LLC BAILEY MIRANDA 1994 TRUST 50% 120 E MAIN ST C/O JANUS CAPITAL ASPEN, CO 81611 620 E COOPER ASPEN, CO 81611 BECK GLENN A BOOMERANG LTD PO BOX 1102 500 W HOPKINS AVE VICTORVILLE, CA 92392 ASPEN, CO 81611 CITY OF ASPEN COMCOWICH WILLIAM L 130 S GALENA ST 420 W MAIN ST ASPEN, CO 81611 ASPEN, CO 81611 DESTINATION RESORT MANAGEMENT E-FRIES INC 610 W END ST 1265 MOUNTAIN VIEW ASPEN, CO 81611 ASPEN, CO 81611 FISCHER SISTIE FRIAS PROPERTIES OF ASPEN LLC 442 W BLEEKER 730 E DURANT ASPEN, CO 81611 ASPEN, CO 81611 HAISFIELD AUDREY LEA HILLMAN DORA B TRUST 435 E MAIN ST 504 W BLEEKER ASPEN, CO 81611 ASPEN, CO 81611 HOTEL ASPEN CONDOMINIUM ILGEN EILEEN L & JACK D & ELOISE ASSOCIATION ILGEN IN JOINT TENANCY 600 E HOPKINS AVE STE 304 518 W MAIN ST ASPEN, CO 81611 ASPEN, CO 81611 MAC DONALD BETTE S TRUST MARCUS RENEE A 15 BLACKMER RD 432 W HOPKINS ENGLEWOOD, CO 80110 ASPEN, CO 81611 ASPEN SQUARE CONDOMINIUM ASSOC 617 E COOPER AVE ASPEN, CO 81611 BARTON META PACKARD 6507 MONTROSE AVE BALTIMORE, MD 21212 CARINTHIA CORP 45 E LUPINE DR ASPEN, CO 81611 CROCKETT ANN R TRUSTEE OF THE PRICE LIVING TRUST 10898 MORA DR LOS ALTOS HILLS, CA 94024 FERGUS ELIZABETH DAWSON PO BOX 1515 ASPEN, CO 81612 GOLDENBERG STEPHEN R & CHERYL J 430 W HOPKINS AVE ASPEN, CO 81611 HILLMAN TATNALL LEA 504 W BLEEKER ST ASPEN, CO 81611 JOHNSTON FAMILY TRUST 2018 PHALAROPE COSTA MESA, CA 92626 MCGARVEY JAMES N JR & PAULA S 81 PONTE VEDRA BLVD PONTE VEDRA BEACH, FL 32082 v NATIONWIDE THEATRES CORPORATION A CALIFORNIA CORPORATION NORTH AND SOUTH ASPEN LLC 200 S ASPEN ST 120 N ROBERTSON BLVD ASPEN, CO ST LOS ANGELES, CA 90048 SCOTT MARY HUGH C/O RUSSELL SCOTT III & CO LLC 38 SUNSET DR ENGLEWOOD, CO 80110-4026 ULLR HOMEOWNERS ASSOCIATION 600 E HOPKINS #304 ASPEN, CO 81611 WOLOFSKY MOIRA 50% INT 129 CLARENDON AVE PALM BEACH, FL 33480 STRANDBERG JOHN J & JANE T 2510 GRAND AVE APT 2403 KANSAS CITY, MO 64108 WAGNER HOLDINGS CORPORATION LLC C/O BILL POSS 605 E MAIN ST ASPEN, CO 81611 IkKIN CONSULTING LLC 773 COUNTY RD 112 CARBONDALE, CO 81623-8866 ULLR COMMONS DEVELOPMENT CORP 233 MILWAUKEE DENVER, CO 80206 WM HOLDINGS LLC PO BOX 1051 ASPEN, CO 81612 0 Mesa Store Conditional Use Notes This is a public hearing to consider an application submitted by Carrie Belloti requesting conditional use approval to operate Pilates and Yoga Studio in the Mesa Store Building at 500 W. Main Street. The subject property is located in the Office Zone District. Staff has determined that a Pilates and Yoga Studio would fall into the use category of a Health and Fitness Facility which is a conditional use in the Office Zone District which requires approval by the Planning and Zoning Commission. The applicant is proposing to place several pieces of Pilates Equipment in the front portion of the first floor and instruct Yoga classes in rear portion of the first floor. The basement space is to be used for a changing and lockeroom. The third floor is to remain as offices. Because the building is a historic landmark a growth management quota system exemption for a change in use may be done administratively if the Commission grants the conditional use approval. The applicant has represented to that there would be no more than 14 people in a yoga class because of space constraints and that the expected to administer classes for no more than 6 hours per day. According to the applicant, the Mesa Store contains between 2000 and 3000 square feet of net leasable square footage. There are 8-10 parking spaces located on -site on the west side of the building. The land use code only requires 3 parking spaces for every 1000 square feet of net leasable square footage. Therefore, they would be required to have 6-9 parking space on -site per the land use code. Staff feels that there is sufficient parking on - site to accommodate the proposed use. Staff feels that the proposed use is compatible with the surrounding facilities on west main street in that it is complimentary to the variety of medical offices that exist on that portion of main street. There is a single-family residence that exists directly to the west of the proposed location. Staff has proposed a condition of approval that the applicant not begin classes earlier than 7 AM and not end classes later than 7 PM as they have proposed in their application to minimize the hours that the neighbors will be will be subject to the minimal traffic generated by the use. Staff has also proposed a condition of approval that the first floor bathroom shall meet minimum accessibility standards pursuant to the Uniform Building Code to provide disabled patrons a facility in which to change as required by the Building Department. Staff feels that the proposed application meets the review criteria to approve a conditional use and recommends that the Planning and Zoning Commission approve the proposed application for a health and fitness facility to be located in Mesa Store building with the conditions as proposed in the draft resolution. MEMORANDUM TO: Plans ere routed to those departments checked -off below: �� C� � �� I ' p 1A ........... City Engineer a C,Ce5S 11/ O . ........ Zoning Officer . Housing � O ........... Parks Department V. . Aspen Fire Marshal C;7 ........ City Water {� IV......... Aspen Consolidated Sanitation District r....... Building Department V........ Environmental Health O ........... Electric Department I ,,n 5 O ........... Holy Cross Electric Y y l ,/ O ........... City Attorney O ........... Streets Department O ........... Historic Preservation Officer J O Pitkin County Planning TO: DRC Representatives (� �1 „ �ej u" FROM: James Lindt, Planning Technician !/ �?l Odv Community Development Department 130 S. Galena St.; Aspen, CO 81611 5 " P hone-920.5104 Fax-920.5439 ` �Vl�v RE: Pilates and Yoga Studio Conditional Use / 500 West Main Street P�A ow V\' 4P DATE: DRC on November 28, 2001 IA 0,5 , K. COMMENTS: Please find attached an application for a Conditional Use Pe V, Application for a Pilates and Yoga Studio on Main Street. The t �� DRC on this application will be held on Wednesday, November 28, 2001. The public hearing is scheduled in front of the Planning and Zoning Commission on January 15`h. v4Cacs R.I.. � plSenaicej, vex 3613 r4jAz c, eaGvsada 81612 November 8, 2001 Mr. Fred Jarman, Planner City of Aspen 130 South Galena Street Aspen, Colorado 81611 Pl ".,157ax (970) 920-1125 RE: CONDITIONAL USE APPLICATION FOR PILATES AND YOGA STUDIO Dear Fred, This is an application requesting that the City grant conditional use approval for a proposed health and fitness center in the historic Mesa Store Building, located at 500 West Main Street (Lots R and S, Block 30, City and Townsite of Aspen; Parcel ID # 273512443007). The property consists of approximately 6,000 square feet of land and is zoned Office (0). The Mesa Store Building is an individually designated historic landmark that is located in the Main Street Historic Overlay District. This prominent building was constructed in 1889, and has been the home to many different types of commercial uses over the years. The most recent primary tenant in the building was Aspen Cyber Care, a computer/internet sales, service, repair, and training center. The offices on the second floor of the building have been, and will continue to be, occupied as the corporate headquarters for Paradise Bakery, and are not part of this conditional use application. This application is being submitted by Ms. Carrie Bellotti, (hereinafter, "the Applicant"), who will be leasing this space from the owner of the property. Authorization for Alan Richman Planning Services to represent Ms. Bellotti for purposes of this application is provided by Exhibit # 1. The current owner of the property is Rankin Consulting, LLC. Proof of the ownership of the property is provided by Exhibit #2, the commitment for title insurance. As shown on the commitment, the owner is under contract to sell the property to Aspen Blue Sky Holdings, LLC. The principal of Aspen Blue Sky Holdings, LLC is Mr. Steve Bellotti, the Applicant's husband. Authorization by Rankin Consulting, LLC for Ms. Bellotti to submit this application is provided by Exhibit #3. Mr. Fred Jarman November 8, 2001 Page Two I held a pre -application conference with you on October 31 to discuss this proposal (see Exhibit #4, Pre -Application Conference Summary). During this meeting, you confirmed that the proposed Pilates and Yoga Studio would qualify as a "health and fitness center", which is listed as a conditional use in the Office zone district. The next section of this application describes how the proposed use would operate. This is followed by a statement of each of the applicable standards of the Aspen Land Use Code for conditional use review, along with the Applicant's response to each Code standard. Description of Proposed Use The Applicant proposes to operate a small health and fitness center in the first floor of the Mesa Store Building. The health and fitness center will offer two primary types of activities. First, approximately 7 to 10 pieces of pilates equipment will be available for exercising. This equipment is used for body strengthening, stretching, and toning. Second, yoga and pilates mat classes will be offered to small groups of persons. The enclosed floor plan illustrates that these two activities will be conducted in two portions of the first floor, with pilates occurring in the front room (500-600 sq. ft.) and yoga in the back room (similar size). The basement space will be converted from office space to men's and women's changing rooms. It is anticipated that the health and fitness center would be open from 7 AM to 7 PM, allowing people who work during the day some time to use the facilities either before or after work. It would be open to the public throughout the day, and would not be run as a members -only club. The small size of the space will tend to limit the number of persons that can use the facility at any time. It is anticipated that the classes will range in size from 2 persons to no more than 14 persons. Classes would only occur at select times during the day, to an expected maximum of six hours per day. While equipment use could occur throughout the day, there would likely be only a few users of the equipment at any time, since there will be no more than 2 instructors present, and each of the instructors acts as a "personal trainer" for no more than 1-3 users. An improvement survey of the site has also been provided. It illustrates that the Mesa Store Building covers most of the eastern lot, while the western lot is vacant. Approximately the front 1/3 of that western lot is green space; the back 2/3 is graveled and provides approximately 6 or 7 parking spaces. There are also several parking spaces located directly behind the Mesa Store Building. So, in summary, there are approximately 8-10 off street spaces located on this property, all of which will be available to employees of, and visitors to, the businesses on -site. Access to the spaces is from the alley, via either Fourth Street or Fifth Street. Mr. Fred Jarman November 8, 2001 Page Three Conditional Use Review Section 26.425.040 of the Aspen Land Use Regulations establishes 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, with the intent of the Zone District in which it is proposed to be located, and complies with all other applicable requirements of this Title. Response: The proposed conditional use will be consistent with the Aspen Area Community Plan (AACP). As stated in the Economic Sustainability section of the AACP, the community would like to continue to promote "the Aspen Idea of mind, body, and spirit". The proposed health and fitness center will serve the need for residents and visitors to enrich these three aspects of their lives, and will compliment the other recreation and wellness facilities that currently serve the Aspen area. Allowing a new use to occupy this space is also consistent with the Historic Preservation section of the AACP. This community -serving use will allow more residents and visitors to appreciate and use this historic landmark than if it were occupied solely as private offices. This use will add to the vitality along this portion of Main Street, helping to create a more vibrant historic district. 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 health and fitness center is a commercial use that is consistent with this purpose. The Applicant will preserve the visual scale and character of this prominent commercial building. The outside appearance of the building will not be altered along its Main Street facade. B. The conditional use is consistent and compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or enhances the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development. Response: The character of the immediate vicinity is a mix of uses, including single and multi -family residences, lodges, and commercial uses. The commercial uses along this portion of Main Street have been not been limited to just offices, but have also included a variety of commercial services, retail uses, and restaurants. At the present time, a wide range of businesses can be found in the area, including many professional and business offices, the Hickory House, a skin care clinic, and a telephone sales and service center. The proposed conditional use will enhance this mix of complimentary uses in this neighborhood. Mr. Fred Jarman November 8, 2001 Page Four C. The location, size, design and operating characteristics of the proposed conditional use minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding properties. Response: This is an appropriate location for this type of business. The primary orientation of the business will be toward Main Street, minimizing the impact of the use on nearby residential areas. There is frequent bus service along Main Street, with a designated bus stop directly in front of this building, making it easy for customers to get to this property. The location is also close enough to the center of town that customers can walk or bike to the property. The location, size, design, and operating characteristics of the proposed health and fitness center are all intended to minimize adverse impacts on surrounding areas, as follows: • Visual Impacts: No changes are proposed to the exterior of the building. • Pedestrian and Vehicular Circulation: No changes are planned to the existing sidewalks located along Main and Fourth Streets. Vehicular access is presently obtained from the alley, and no changes are planned to this configuration. • Parking: This property is particularly well served with regard to parking. As described above, there are approximately 8-10 spaces available behind and along the side of the building that are available to users of the building. This amount of parking compares quite favorably with the off-street parking standards for the Office zone district. The Code would require 3 spaces per 1,000 sq. ft. of net leasable space. The Mesa Store Building contains between 2,000 and 3,000 sq. ft. of net leasable space, which would require in the range of 6-9 parking spaces be provided. There is also on -street parking available along both Main and Fourth Streets. Parking in this area is subject to the City's residential parking limitations, which provide for 2 hours of parking for visitors to this neighborhood. This would be more than adequate for any of the classes that would be offered by the pilates and yoga studio, should all of the parking on -site be taken. In fact, the prior occupants of the building have reported to us that parking was generally available on the street to their walk-in customers and for their computer boot camp classes. • Trash and Service Deliverv: Trash service will occur off of the alley, as is the case today. Service delivery will also occur off of the alley. Neither of the businesses on the property will have any special trash or service delivery demands that would require unusual facilities be provided on this property. • • Mr. Fred Jarman November 8, 2001 Page Five • Noise, Vibrations, Odors: These impacts will not be produced by the pilates and yoga studio. All activities will take place indoors and will not cause any nuisances. The limited hours of operation will be similar to those of many commercial uses, and are sensitive to the fact that there are residences within close proximity of the property. 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 impacts 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 proposed use will generate fewer employees than previously worked in this space. This is because the proposed use is a much less intense activity, in terms of employees, than a typical office or professional services business that would be housed here. We have contacted the owners of the two businesses that formerly occupied this space. According to Bob Rankin, the owner of Aspen Ober Care (which has moved to the Airport Business Center), his business had approximately 6 employees when it operated out of this location. In addition, during the 1 week per month when the computer boot camp was in session, there were an additional 8 people working on -site. Marshall Hall of Interactive Outdoors reported that he had approximately 4-5 employees working out of the back of the first floor. Therefore, a total of 10-11 employees worked in this space. This is an unusually intense use of this space, since the City's standards would anticipate that approximately 3 employees would be generated for every 1,000 sq. ft. of net leasable space, which would translate into a total of 4-5 employees working in the first floor of this building. Employment at the Pilates and Yoga Studio will be limited to two full-time instructors, plus Ms. Carrie Bellotti, the owner of the business. The instructors will provide personal training supervision on the pilates equipment, and will be teaching classes periodically during the day. In summary, this business will have fewer employees than would an office, which is the standard permitted use in this zone district. It will also generate significantly fewer employees than the prior occupants of this space. Therefore, there will not be an incremental need for increased employees from this conditional use. Since there will be no incremental increase in employees generated by this use as compared to the recent uses of the property or as compared to the type of uses permitted in this zone district, no affordable housing should be required of this Applicant. Mr. Fred Jarman November 8, 2001 Page Six If the City so requires, the Applicant would agree to submit documentation to the Housing Authority on an annual basis, demonstrating that the business is in compliance with these representations. Vested Rights Pursuant to Chapter 26.308 of the Aspen Municipal Code, the Applicant hereby requests that this development be granted vested rights status. Conclusion I believe that the information contained in this application represents all of the materials requested during the pre -application conference and provides responses to all of the applicable standards of the Aspen Land Use Code. Should any reviewing agency request additional information, or need for us to clarify any of the statements made herein, I will respond in a timely manner. Please feel free to contact me as necessary. Very truly yours, ALAN RICHMAN PLANNING SERVICES Alan Richman, AICP EXHIBITS • • EXHIBIT #1 Mr: prod Jarman, Planner City of Aspen 130 South Galena Street .Aspen, Colorado 81611 RE: AUTHORIZA71ON TO SUBMIT GONDFIIONA L USE APPUIC:ATION Dear Fred,. I will be leasing a space in the property located at 500 Vest Main Street, commonly known as the Mesa Store Building. It is my intention to operate a pilates and yoga studio out of this space. You have informed me that this 'business will qualify as a health and fitness center, which is listed as a conditional use in the Office zone district, I hereby authorize Alan Richman Planning Services -to ire xny designated representative for the conditional use application that is being submitted to your office to permit this business to be Established. Alan Richman is authorized to subulit those applications necessary to obtain approval for this proposed use. He is also authorized to represent me in meetings with City of Aspen staff and the Aspen Planning and Zoning Commission. Should you have any need to contact me during the course of your review of this application, please do so at the address and telephone number listed below. Sincer;;Jy, Carrie Bellotti P,O, Box 8238 Aspen, Colorado 810612 0 EXHIBIT #2 • COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: August 30, 2001 at 8:00 AM 2. Policy or Policies to be issued: Case No. PCT16339F (a) ALTA Owner's Policy -Form 1992 Amount$ 2,225,000.00 Premium$ 2,102.00 Proposed Insured: Rate: Re -Issue ASPEN BLUE SKY HOLDINGS LLC, A COLORADO LIMITED LIABILITY COMPANY (b) ALTA Loan Policy -Form 1992 Amount$ 0.00 Premium$ 0.00 Proposed Insured: Rate: Tax Certificate: $10.00 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: RANKIN CONSULTING, LLC, A COLORADO LIMITED LIABILITY COMPANY 4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is described as follows: LOTS R AND S, BLOCK 30, CITY AND TOWNSITE OF ASPEN PITKIN COUNTY TITLE, INC. 601 E. HOPKINS ASPEN, CO. 81611 970-925-1766 970-925-6527 FAX AUTHORIZED AGENT Schedule A -PGA This Commitment is invalid unless the Insuring Provisions and Schedules A and B are attached. • SCHEDULE B - SECTION 1 REQUIREMENTS The following are the requirements to be complied with: ITEM (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. ITEM (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record to -wit: Release by the Public Trustee of the, Deed of Trust from : RANKIN CONSULTING, LLC, A COLORADO LIMITED LIABILITY COMPANY to the Public Trustee of the County of PITKIN for the use of : ALPINE BANK original amount : $700,000.00 dated : April 2, 1998 recorded : April 2, 1998 reception no. : 415221 Assingment of Rents and Leases given in connection with the above Deed of Trust recorded June 3, 1998 as Reception No. 417724. Release by the Public Trustee of the, Deed of Trust from : RANKIN CONSULTING, LLC, A COLORADO LIMITED LIABILITY COMPANY to the Public Trustee of the County of PITKIN for the use of : ALPINE BANK original amount : $1,525,000.00 dated : June 13, 2000 recorded : June 14, 2000 reception no. : 444170 3. Duly executed and acknowledged Deed, From : RANKIN CONSULTING, LLC, A COLORADO LIMITED LIABILITY COMPANY To : ASPEN BLUE SKY HOLDINGS LLC, A COLORADO LIMITED LIABILITY COMPANY 4. Copy of the Registration duly stamped by the Secretary of State of the State of COLORADO evidencing registration of RANKIN CONSULTING, LLC and Trade Name Affidavit or Certificate of Authority of RANKIN CONSULTING, LLC evidencing the names and addresses of the Members and/or Managers authorized to act on behalf of said Limited Liability Company. 5. Copy of the Registration duly stamped by the Secretary of State of the State of COLORADO evidencing registration of ASPEN BLUE SKY HOLDINGS, LLC and Trade Name Affidavit or Certificate of Authority of ASPEN BLUE SKY HOLDINGS, LLC evidencing the names and addresses of the Members and/or Managers authorized to act on behalf of said Limited Liability Company. 6. Evidence satisfactory to the Company that the Real Estate Transfer Tax as established by Ordinance No. 20 (Series of 1979) and Ordinance No. 13 (Series of 1990) has been paid or exempted. 7. Certificate of nonforeign status executed by the transferor(s). (This instrument is not required to be recorded) (Continued) • 0 SCHEDULE B - SECTION 1 REQUIREMENTS - Continued Completion of Form DR 1079 regarding the witholding of Colorado Tax on the sale by certain persons, corporations and firms selling Real Property in the State of Colorado. (This instrument is not required to be recorded) 9. Evidence satisfactory to the Company that the Declaration of Sale, Notice to County Assessor as required by H.B. 1288 has been complied with. (This instrument is not required to be recorded, but must be delivered to and retained by the Assessors Office in the County in which the property is situated) a 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 223 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. Terms, conditions and obligations of Ordinance No. 32 and Ordinance No. 60, designating Lots R and S, Block 30, City and Townsite of Aspen as Historic District, recorded in Book 314 at Page 338 and in Book 321 at Page 51. 9. Terms, conditions, provisions and obligations as set forth in Encroachment Agreement recorded in Book 553 at Page 109. 10. Easements, rights of way and all matters as disclosed on Survey of subject property recorded April 6, 1998 in Plat Book 44 at Page 71. 11. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the The Aspen Historic Preservation Commission recorded September 13, 1999 as Reception No. 435423 as Resolution No. 38 Series 1999. • 0 EXHIBIT #3 RANKIN CONSULTING, LLC c/o Robot and Joyce RaDidn 500 West Mala Strw Aspee, Colorado 81411 November 6, 2001 - - City of Aspen 130 South Galena Street Aspen, Colorado 81611 Re: meal store 8afldinr Ladies and Ucntle-,&--u: Please allow this letter to serve as authorization on behalf of Carrie Bellotti andlor a legal entity cormollod by her and her represensative , Alan Richman and Kaufinaa & Petr--� P.C. to apply for a conditional use permit pursuam to the City of Aspen land use code and zoning resin Cris for a yoga and pilates studio in the Mesa Sure B ud&ng, The undzrailwd executes this letter in its capaei�y as the ownez of the Mesa Store Building. Should you have uay questions, please do not hesitate to contact u!. YoLn vc y truly, RANKTN CONSUMNO, LLC By - Robert Rankin • EXHIBIT #4 • CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY PLANNER: Fred Jarman DATE: November 6, 2000 PROJECT: Mesa Store Yoga / Fitness Center REPRESENTATIVE: Alan Richman (920-1125) APPLICANT: Aspen Blue Sky Holdings, LLC LEGAL DESCRIPTION: Lots R and S. Block 30, City and Town Site of Aspen, Aspen TYPE OF APPLICATION: Conditional Use for Health & Fitness Center in the Office Zone District DESCRIPTION: The current owner of the Mesa Store on Main Street is proposing to run a Yoga studio in the first floor of the building. The building is in the Office Zone District with a Main Street Historic District Overlay. The building is also on the City's Inventory of Historic Sites and Structures as a landmark. The building currently maintains an office use. Staff finds that this proposed Yoga center constitutes as a "Health and Fitness Center" which is allowed as a Conditional Use in the Office Zone District. Land Use Code Section(s) Applicant is required to address: 26.304 Common Development Procedures 26.710.180 Office Zone District 26.425 Conditional Uses Review by: Staff for completeness, Referral agencies for recommendations, Planning Director for a recommendation to Planning and Zoning Commission. Public Hearing: Yes, Planning and Zoning Commission Referral Agencies: Engineering and housing Planning Fees: Planning Deposit ($1,205) Referral Agency Fees: Engineering, Minor ($180) Total Deposit: $1,385 (additional hours are billed at a rate of $205 /hour) To apply, submit the following information: 1. Proof of ownership. 2. Signed fee agreement. 3. Applicant's name, address and telephone number in a letter signed by the applicant which states the name, address and telephone number of the representative(s) 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. 1 Con of the complete application packet and maps to be submitted for review. Once it is deemed complete, the planner will request the following copies be made and submitted to the planning office. P&Z = 10; Referral Agencies = 1 /ea; Planning Staff = 2 7. An 8 1/2" by I vicinity map locating the parcel within the City of Aspen. 8. Draft site plan including topography and vegetation showing the current status, including all easements and vacated rights of way, of the parcel. 9. A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application. Please include existing conditions as well as proposed. Please refer to the review standards in the application. Process: Planner reviews case for completeness and sends to Engineering for referral comments. Case planner contacts applicant and sets up a site visit. Staff reviews application to determine if it meets standards of review. Case planner makes a recommendation of approval, approval with conditions, or denial to the Community Development Director. 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. MAPS AND DRAWINGS PafK -... _— ... 19 .,.__------ C'��,� Mountain View Dr, ��— _ `� a �. ..•ems. �� `, 9 . �e� Rd Rd not° un--- j`' s''`a Pd9 R�� MCA, Snow�unny G7 +. P1 Slorrs salvo InstituteAspen ¢ �? 3 ', f a /yy a Hun • � • � '�,'' ,`Fork t .�. ` , � r a ma Music o J Tent Wood Duck82 G/%AeS Ie St tea. olfi 4Ursa; r,< �1 Stu; Frpryc3St \flne St a ~-`ter y• �` + •-.� .L is ;� > '— � .r--�+.r'•�Tr.....t � 0' � �:.' �%a� s �er��f_�' �' � PTO �O� S t %0 F 3L :J - - it . ; `•�f�rSr f �' v 9 <''RtA + a C U ; �•Aw /{�� f y� s a•+.'SO V. is? fan 4t; 4 YSt at<.m i a I� Mail• a Oi Aspen Pu/� West ns � .F 0CD n�� a Summer aim •G ,� 417 /P 0 0 ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and QnAo-*� (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submittee�d to CITY an application Pr (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 49 (Series of 1998) establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of S \ ? O S which is for _ b hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN APPLICANT By: Julie Ann Woods Community Development Director g:\support\forms\agrpayas.doc 12/27/99 By: L01 Date: Mailing Address: - IMPROVEMENT SURVEY - ,SECTLOM 12. TOWNSHIP 10 SOMH. RANGE IS. WEST OF THE: STYTH PRIMCIPAL MERIDIAN LOTS R AND S BLOCK 30 _ ORIGINAL ASPEN TOWNS ITE i i FNg 'SCALEWEST .y PT7 Y ': Y -. � -� FOUND. SYS- STEEL -ROD WITH - .RED PLASTIC. CAP MARKED - - NARQ.D JONMSON 901 B ��_� MAIN :� PEN COLORADO STREET - ' �,�.¢yw .p"_ttf.•+-:�Nl� vEYo hC RNER' -� POSLi40N '" mr _ - O) • RECORD _ Si 52O-. Sim ROD:. WI TM :..; fELLOwa1LASTIC CAP•: - atiYYNER NOTES I. -AN ORIGINAL PLAT -IMAM PRINT PREPAATD AS A PICTORIAL REPORT OF SURVEY BEARS / AM ORIGINAL ,UR INK SIOMATE AMR SURVEYOR'S SEAL. REPRODUCTION COPIES OF A PLAT IMAPI PRINT SHOWING SURVEYOR'S SIGNATURE• AND SEAL MAY CONTAIN F RALDIILENT, INCORRECT, ERRONEOUS, OR MISLEADING INFORMATION, POSSESSION RKING _ GRAVEL [A - OF SUCH REPRODUCTION COPIES :AND THE USE OF THE INFORMATION THEREON IS 8 UMAUTHORl ZED BY SURVEYOR DOCUMENTS PREPARED BY SURVEYOR. AND WITHOUT A SIGNATURE. AND SEAL ARE TO BE YIfl1ED AS PMIMINARY RITN. ALL INFORMATION .I SHOWN: SUBJECT. TO cH.A L - u V 2. THE BASIS OF BEARINGS FOR• THUS SURVEY WAS A BEARING OF NORTH 10.29'.IB- WEST . �� }QT�, • 4 . rTN STERIOF RE ;GIWALk959 PLO" COR CORNERFOURTH MONUMEET ENTS S Oki THE STREE�ASTERLY AND `'I• ` _ / 1. - �'A �.8 NOR � SOUTHEASTERLY .CORNEA MDNIBEHr'WAS.. USED AS T44EBASIS OF LOCATION. 3. TNE'OFFICIAL WI OF THE C17Y OP ASPEN. PI.TKIN COUNTY. COLORADO APPROVED NOVENBER 16 1959'AS RECORDED -WAS USED BY SURVEYOR FOR LOCATION. AND FOR DIMENSIONS OF THIS PROPERTY THE 9EARtNOS'AN0 DISTANCES LABELED HEREON AS / RECORD ARE FROM THE OFFICIAL IMP. THE BEARINGS AND DISTANCES LABELED AS d FIELD ARE THOSE FOUND BETWEEN THE SET ANO.FOUNO MARKERS IMONUMENTS] AT THE ENDS OF AT BOUNDARY COURSE', A. TNtS PROPERTY IBLOGT£D ON 71E PITRIR COUNTY. COLORADO AND INCORPORATED Q g AREAS NATIONAL FLOOD INSURANCE PR06RAM, FLOOD INSURANCE RATE MAP DATED 4 MNE A 1937 COMIMU TY PANEL HUMID ON97 CO 203 C. . THE PROPERTY . 13 WITHIN THE ZONE X' moo- NE '. OR F.S IN THE OUTSIDE THE N . S00 Y0. FLOOCU PLAIN - S. HE BUILDING IOIF 1G55T9LY; ENORG'kCS46`�R4 711E'ilI�3ENTDIT'Rftill DF- " ...zi '• - K' - WAT PSR: TIE 1259 OFFICIAL MAP OF THE CITY OF ASPEN. COLORADO. ,3 pT / _ 6. SURVEYOR BELIED ON THE TIRE COMMITMENT FROM Pt TRIMCOUNTY TITLE, INC. CASE N0. PCf 1260BC3 FOR INFORMATION RE GAROINO ENCUMBRANCES OF EASEMENTS. AND R•TGNTS•OF-WAY ON THIS PROPERTY IN ADD l THON TO FIELD OBSERVATIONS. 7. NO ATTEMPT WAS MADE -BY SURVEYOR AS A PART OF THIS IMPROVEMENT SURVEY TO \ v LAJ • OBTAIN 08 SHOW DATA CONCERNING EXISTENCE SIZE DEPTH CONDITION CAPACITY. m - OR LOCATION OF ANY•UTILITY 0R MINfCIPAL/PUBLIC SERVICE FACILITY FOR INFORWTION REGARDING TNE$E IfTi LI T.LES-OR FACILITIES_ PLEASE CONTACT THE V APOROPRIAi£ AGENCIES, lj ,FOUND 5/8 STEE4 ROB.WI.TH PLASTIC - /[ RED ASTIC CAP'MARKEB. NAROLD JOHNSON 90IS / i' OF :HrS SURVEYOR'S CORNERPOS I Ti ON r I JVi.F EOA"•ENT STATEMENT OF SURVEY UPDATE SET YELLOW'PLASTIC DISK MARKED I. LOUIS H. BUETTNER, NEA ' IRY iNA7 THIS PROPERTY WAS INSPECTED ON BUETTNER 13T66 WC IN CONCRETE - SEPTEMBER 13 2001 AND L LC/! UB STANTIALLY THE SAME AS SURVEYED IN MARCH !' S 7S!09'll' E OF TRUE CORNER 1999 AND DEPICTED )' 8 IS H ET NE 1 166 2 DATE - • Pr �L�gP ' .. wr¢� ALTaMolo:m aaaMM w.Tw MWr caMMIDKR rNr u:a.l Acml B5W0 uroV uN yrtl r: riN WMr wINN nwF rzuN.. .c1D1 mu IWR ueee`fAID Rd aNSR<T. rYNvfBf. w..M. - •cr+ol SAen �+cN ANr mRci N n.P awver ¢ cwWNan NaW MYI 1p :T Ror t,f NTE'ai 11f 4RTFlCUIM SMwv WIFsa SURVEYOR CERTIFICATE 1. LOUIS H. BUETTNER. A REGISTERED LAND SURVEYOR IN THE STATE OF COLORADO. DO MEREST COIF I RMTHAT THIS SURVEY PLAT WAS MADE FROM FIELD NOTES OF A SURVEY OF THE ABOVE DESCRIBED PROPERTY MADE BY MYSELF. OR UNDER NY DIRECT RESPONSIBILITY. SUPERYi SI ON. AND CHECKING. THE MONUMENTATION SHOWN HEREON FOR THE PROPERTY CORNERS WAS FOUND 09 SET FOR THIS SURVEY. ALL DIMENSIONS AND DETAILS SHOWN HEREON ARE COME TO T T OF MY KNOWLEDGE. S K Ur OUIS H, SUE- LS 11156 •gip ' yr DA [ SU 't nF P�ILCI�� oD 1 &S—T— � Ln4p-0 El. P L-14- :F.0 IS 7-1 Q 61- cr� V-4 C) I m 0 14-P I 1 y . .,.'.. ... -- ., .. 'SCALE ;�-..' . .; _ -. I•.. 10: .. _ -. - FOUND S/Sr STEEL ROD MIT. - -RED PLASTIC CAP MARKED HARDLo. JDNNSON 9ola .v "-" , u: e, "�;; r;. :.N O6'2fl `24• w o 19' OF qC C - " _';JHIS.Sl1RVE10A 3 CORNER, .. .. 2pJP• - 07. RECORD - Et - �sEl• aie--'siEEt, Ii1Hz. r.iTx ' ` IMPROVEMENT SURVEY - dECTW.N 12. TOWNSHIP 10 4010714. RANGE 55.WEST OF THE STRATI PBINRIPAL' MERIDLAN LOTS R AND S BLOCK 30 ORIGINAL ASPEN TOWNS ITE WO WEST MAIN STREET ASPEN.' COLORADO 4 ._• I .. YELL' �7LiiST•IY CAP. yAD11Fj' - !j SUMMER 0164 NOTES I. -AN OR:0I NAL PUi IIYPI PRINT PREPARED AS A PICTORIAL REPORT OF SURVEY DEARS AN OR01 /411 f1MKI 910MATM AND SURVEYOR;', SEAL, REPRODUCTION COPIES OF A PLAT 11W'1 PRINT SHOWING SURVEYOR'S SIGNATURKAND SEAL MAY CONTAIN _ FRAUDULENT, INCORRECT. ERRONEOUS. OR MISLEADING INFORMATION, POSSESSION GRAVEL P,APRI NG - OF SUCH REPRODUCTION COPIES .AND THE USe OF THE INFORMATION THEREON IS S UNAUTHORITED BY, SURVEYOR. DOCUMENT'S PREPARED RN SURVEYOR AND VITHOUT A O SIGNATURE AND SEAL ARE TO DE VIEWED AS Pm1Nlsout� *ITN ALL INFORMATION T - -- SHOWN-SIAJECTTO CHANGC_ - 2. THE SAS19 OF HEARINGS FDA• TTU S'SURVEY WAS A IEABSNO �OF NORTH 10•29-f6' WEST" . / rr •V80 1` f,' BETWEEN ORIWIAO IERS BLOCK TH1,Ep EET AM B ON THE TREET.ASTEPCY A� NORTHESTEPLYCORNEpS OF FaURT♦f, STREETANDBLEEkER STREET. THE SOUTHEASTERLY CORNER MONUMENT. WAS USED AS THE KARTS OF LOCAT4001 - / z i 3. THE OFFICIAL LAP OF THE CITY OP ASPEN PI.TRIN COUNTY. COLORADO APPROVED NOVEMBER ID 1959'AS RECORDED WAS USED BY $URVEYOR FOR LOCATION. AND FOR DIMENSIONS OF THIS PROPERTY, THE BEARfNGS'AND DISTANCES -LABELED HEREON AS I - REfAR0 ARE FRgI THIS 'OFFICIAL MAP. THE BEARINGS AND DISTANCES LABELED. AS Ff ELD ARE THOSE FOUND BETWEEN THE SET NID.FdWG NARkEpSIiIONIA16NTS1 AT THE ENDS OF THAT BOUNDARY COURSE, - - A— 1 b W < A. THIS PROPERTY IS'ILOCAT£0 OH THE PITRIN COUNJY. COLQRADO AID INCORPORATED I - r 'V.>'. INSURANCE PBERIIAM,.FL000 INSURANCE3C.THE PRa NAY DATED - O AREAS. NATIONAL FLOOD CO C. THE ATE MAP DATED x .43 THIN THE JUN a. 19D7 COIMINI TY PANEL ROUSER Oa097 THE OUTSIDE THE THE BUILDING 34MM NWGONNPOSSI BL'Y�, ENDRQkCNE6�lT(OTfE P1IERSEN7 9AY'Y4�lT:^OF,_ - : • , �.�.n ! ,<cs>'- ,� WAY ;PER THE 1039 OFF I OR �'.i` ••�'PS :.. >• `� Fv`�. fb'/�-.� �k+,�' .�., J. 4 .-. "'•"' _ ' PER. CIAI MAP OF THE CITY OF ASPEN COLOAADO. ., /� r / G. SURVEYOR'RECJW ON THE TITLE COW ITSENT FROM PIrYIN GOURTY TITLE. -INC. ,CASE !!!!!! NO. PCT1260003 FOR INFORMATION REGARDING ENCUMBRANCES OF EASEMENTS AND . RTmTL9-OF'wLY ON THIS PROPERTY IN ADDIT-ION TO FIELD DBFERVATIONS. _ s i rram.. / W 7. NO ATTEMPT WAS MADE BY SURVEYOR AS A PART OF THIS LMPROVEMENT SURVEY TO \�z OBTAIN 09 SNOW DATA, CGNCER ING EXISTENCE. SIZE. DEPTH. CONDITION. CAPACITY 2 00 LOCATION OF ANY' USILITT ON MUNICIPAL/PUBLIC SERVICE FACILITY. FOR ? - INFORMATION REGARDING THESE UTILITIES OR FACILITIES_ PLEASE CONTACT THE iF APPROPRIATE AGENUES. FD11116 5/B STEEL ROB wITM I _ RFD PLITiC Xb'IALRKm I ARNOLD JOHNSON 9015. - OF 1`3 SURVEYOR'S CORNER POSITION I 'YOS518LE Er'MROA \ 4'S'FN7 WALK STATEMENT OF SURVEY WOATE SET YELLOW -PLASTIC DISK MARKED I. LOUIS. N. RUETTNER. HER 1 TURN THAT THIS PROPERTY WAS INSPECTED ON RMITNER 13166 MC NN'CONCRETE SEPTEIMIER 13. 2D01 AND [/k USSTANTIALLY THE SAME AS SURVEYED IN MARCH 1' i 75. 09'1I' E OF TRUE CORNER 1998 AND DEPICTED T i4 ••2� 6 ISM - ET 1 1 166 O'•, FATE - it OF CUL�A3 NAT6.. ACO)IEb,TO Ul6MbR W.}PN YR CeNIpLR .w1Y IEC.i AtTd AlMO INN AIIY OGFLT Y.MI fIIRY WPN TNQ TRY] YTfA >bl PwR ARCAIf7® RbL eIRtT.M btMM. AtT YY ' �Liul Y4➢;FM aNt P[P[Ci M � nnKT ■ CCYWUJD u0lw TNNt *tN `F '1[Y l(� Yh K TE CLiRAlA19nN1 �EaRaa SURVEYOR'S CERTIFICATE I. LOUIS H. SUETTNER, A REGISTERED LAND SURVEYOR IN THE STATE OF COLORADO. 00 HEREBY CONF I RM THAT THIS SURVEY PLAT WAS MADE FROM FIELD NOTES OF.A SURVEY OF THE ABOVE DESCRIBED PROPERTY .IMAGE BY. MYSELF. ON UNDER W DIRECT RESPONSIBILITY. SUPERYf SIGN. AND CHECKING. THE MONNRENTATION SHOWN HEREON FOR THE PROPERTY CMMEAS WAS FOUND OR SET FOR THIS SURVEY. ALL DIMENSIONS' AMD DETAILS SHOWN HEREON ARE COME TO T OF MY KNOWLEDGE, 5 L 4' OUIS H. BUE Ls 1116E ry $ a166. OA <�Gi,LGFT'� a L*4 0 EJ• 1142= FMI i I I I,- ORIGINAL ASPEN TOWNS kfWkIINER 131456 NOTES I AN ORIGINAL PLAT (MAP) PRINT PREPARED AS A PICTORIAL REPORT OF SURVEY BEARS AN ORIGINAL (INK) SIGNATURE AND SURVEYOR'S SEAL' REPRODUCTION COPIES OF A PLAT (MAP) PRINT SHOWING$URVEYOR'S SIGNATURE AND SEAL MAY CONTAIN FRAUDULENT,INCORRECT. ERRONEOUS. OR MISLEADING INFORMATION. POSSESSION JJJ GRAVEL PARKING OF SUCH REPRODUCTION COPIES AND THE USE OF THE INFORMATION THEREON IS UNAUTHORIZED BY SURVEYOR. DOCUMENTS PREPARED BY SURVEYOR AND WITHOUT A SIGNATURE AND SEAL ARE TO BE VIEWED AS PRELIMINARY WITH ALL INFORMATION SHOWN SUBJECT TO CHANGE 2. THE BASIS OF BEARINGS FOR THIS SURVEY WAS ABEARING OF NORTH 30* 29'18' WEST BETWEEN ORIGINAL 1959 BLOCK CORNER MONUMENTS ON THE SOUTHEASTERLY AND NORTHWESTERLY CORNERS OF FOURTH STREET AND BLEEKER STREET. THE' SOUTHEASTERLY CORNER MONUMENT WAS USED AS THE BASIS OF LOCATION. 3. THE OFFICIAL MAP OF THE CITY OF ASPEN. PITKIN COUNTY. COLORADO APPROVED V 24_3 NOVEMBER 16. 1959 AS RECORDED WAS USED BY SURVEYOR FOR LOCATION AND FOR DIMENSIONS OF THIS PROPERTY . THE BEARINGS AND DISTANCES LABELED HEREON AS /w RECORD ARE FROM THE OFFICIAL MAP. THE BEARINGS AND DISTANCES LABELED AS o i FIELD ARE THOSE FOUND BETWEEN THE SET AND FOUND MARKERS (MONUMENTS) AT THE ENDS OF THAT BOUNDARY COURSE. 4. 4. THIS PROPERTY I S LOCATED ON THE PI TKI N COUNTY. COLORADO AND INCORPORATED AREAS. NATIONAL FLOOD INSURANCE PROGRAM. FLOOD INSURANCE RATE MAP DATED 0, Oi / JUNE 4. 1987. COMMUNITY -PANEL NUMBER 08097 CO 203 C. THE PROPERTY IS g WITHIN THE ZONE 'X. OR IN THE AREA OUTSIDE THE 500-YEAR FLOOD PLAIN. W" All 5. THE BUILDING SHOWN ON THE PRESENT DAY RIGHT-OF- qWN HEREON POSSIBLY ENCROACHES LU 0 WAY PER THE 1959 OFFICIAL. MAP OF THE CITY OF ASPEN, COLORADO. V, 6. SURVEYOR RELIED ON THE TITLE COMMITMENT FROM PITKIN COUNTY TITLE. INC. CASE NO.-PCT12608C3 FOR INFORMATION REGARDING ENCUMBRANCES OF EASEMENTS AND co RIGHTS -OF -WAY ON THIS PROPERTY IN ADDITION TO FIELD OBSERVATIONS. cz 7. NO ATTEMPT WAS MADE BY SURVEYOR AS A PART OF 'THIS IMPROVEMENT SURVEY TO co OBTAIN OR SHOW DATA CONCERNING EXISTENCE. SIZE, DEPTH, CONDITION, CAPACITY, OR LOCATION ANY OF UTILITY OR MUNICIPAL/PUBLIC SERVICE FACILITY. FOR INFORMATION REGARDING THESE UTILITIES OR FACILITIES. PLEASE CONTACT THE APPROPRIATE AGENCIES. FOUND 5/8* STEEL ROD WITH RED PLASTIC CAP MARKED z HAROLD JOHNSON 9018 Z 21-04.40- E 0,24. --A, OF THIS SURVEYOR'S CORNER POSITION s s SS -1 51 s 60 Do - St WAL poss EAfCRO4cljAfl-Nr 4. (0,301 COVENC., (0.57' 84CK D, BRICK WALK k4 /IV STATEMENT OF SURVEY UPDATE S 100.01, SET YELLOW PLASTIC DISK MARKED I. LOURS H. BUETTNER, HER FIRM THAT THIS PROPERTY WAS INSPECTED ON BUETTNER 13166 WC IN CONCRETE SEPTEMBER 13, 2001 AND 3 SUBSTANTIALLY THE SAME AS SURVEYED IN MARCH I' S 75*09'11' E OF TRUE CORNER 1998 AND DEPICTED H 6 6 rfuls H 8 ET NE 13166 wl DATi/ LOUIS R. BUETTNER "VEyiNG NOTICE: AIXORDW TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL 0040 WEST SOPRIS CREEK ROAD ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS BASALT. COLORADO 81621 970-927-3611 AFTER YOU FIRST DISCOVERED SUCH DEFECT. IN NO EVENT, MAY ANY ACTION BASED UPON ANY DEFECT IN THE SUIWY BE COMMENCED MORE T14AN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. SURVEYOR'S CERTIFICATE I. LOURS H. BUETTNER. A REGISTERED LAND SURVEYOR IN THE STATE OF COLORADO, DO HEREBY CONFIRM THAT THIS SURVEY PLAT WAS MADE FROM FIELD NOTES OF A SURVEY OF THE ABOVE DESCRIBED PROPERTY MADE BY MYSELF. OR UNDER MY DIRECT RESPONSIBILITY, SUPERVISION. AND CHECKING. THE MONUMENTATION SHOWN HEREON FOR THE PROPERTY CORNERS WAS FOUND OR SET FOR THIS SURVEY- ALL DIMENSIONS AND DETAILS SHOWN HEREON ARE CORRECT TO_jV T OF MY KNOWLEDGE. ,,&L DA S H. BUET e LS 13166 6 6