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HomeMy WebLinkAboutLand Use Case.TU.465 N Mill St.A059-01a \ 465 N- Hill Othelo Sk8 2737-073-OOO48 _ A059-01 ScA-fljx)ab a%3 623-0 06_ --- �f COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5090 City of Aspen Land Use: 1041 Deposit `71.t: • DO 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 Reinspeclion 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. TOTAL ') • D(� NAME: n27//_7e/% S �$ = /T f Ze ADDRESS/PROJECT: 45 /111"IZZ,6_ PHONE: ?JCS CHECK# 5` 7 -- CASE/PERMIT# # OF CO fES: DATE: S INITIAL: �m 9 �m �go tD.o Zz= Cr ;zm .�S 0r- m ww0 89i/: m 6 r r � { ru i Ln O. t w ru. la'3 p so f a - A Ul m i�nl ED, N -cn e::g ro 4 C I 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 A059-01 2737-073-00048 Othelo Sk8 Shop Conditional Use 465 N. Mill Street Joyce Ohlson Conditional Use Othelo Clark 7/23/01 Reso. 77-2001 Approved 11 /29/01 J. Lindt PARCEL ID: 2737-073-00048 DATE RCVD: 5/29/01 # COPIES: CASE NO A059 CASE NAME: Othelo Sk8 Shop Conditional Use PLNR: S. VC74 PROJ ADDR: 465 N. Mill Street CASE TYP: AL -STEPS; OWN/APP:1 Othelo Clark � ADR PO Box 4912 C/S/Z: Aspen/CO/81611 PHN: 948-5752 REP: ADR: l C/S/Z: PHN FEES DUE: 500 D 11 FEES RCVD 500 11 STAT: DUE-1 11 MTG DATE REV BODY PH NOTICED DATE OF FINAL ACTION: z Q REMARKS CITY COUNCIL: _ ) _. PZ: CLOSED: BY: (7 RAC: PLAT SUBMITD:i—'PLAT (BK,PG): ADMIN: e 0 1� MEMORANDUM TO: Mayor Klanderud and City Council Members THRU: Julie Ann Woods, Community Development Director Joyce Ohlson, Deputy Director FROM: Steve Clay, Planner RE: . Othello's SK8 Shop, Temporary.Use=Public. earing DATE: July 23, 2001 APPLICANT Othello Clark PARCEL NO. & LEGAL ID 2737-073-00048 ADDRESS 465 N. Mill Street ZONING Service/Commercial/Industrial (S/C/I) CURRENT LAND USE Sales/Maintenance/Recreational PROPOSED LAND USE Retail/Recreational/Teen Night Club REQUESTED ACTION Temporary Use Permit BACKGROUND: Several months ago, Othello's SK8 Shop applied for a business license with the City of Aspen. Part of the business license approval process is a referral to the Zoning Officer to ensure that the business use is appropriate and in accordance with adopted zoning. The Zoning Officer found that the use needed a Conditional Use approval (retail in SCI) from the City prior to the business license sign -off and the conduct of business commencing. Soon thereafter, Staff found that the business had occupied the site and was conducting business, constituting a zoning violation. The business owner had agreed that he would initiate remedial action on the zoning violation by submitting an application. The City opted to take a more lenient stance on this matter and issued a conditional business license so that the business owner could continue without delay due the required City's processes. Since a great deal of time transpired between the time the business became a zoning violation and the applicant taking remedial action, and given the fact that the applicant added additional uses (commercial recreation and entertainment), and given the seasonal nature of the proposal, Staff recommended that the applicant apply for a Temporary Use Permit. The business has occupied the site since May and is currently in operation. SUMMARY: The applicant is proposing three (3) different uses for this location: --Including rental & maintenance 2. fr i7_lP a a`!'??„cre.::;� '---Use of Skate Ram for Charged Fee - — g 6— ntertainmen --Weekend Teen Skate Night (Fri -Sat) ( I W Othello's SK8 Shop is located in the same retail space where"Play-It Again-Sporting-d Goods has conducted business for several years. Play It Again intends to reoccupy the space again after September 15, 2001. Othello's SK8 Shop has occupied the premises since late spring and intends to continue through September 151h 2001. The business is housed in an area/shop of 860 s.f. The main use of the shop is for the re ail of equipment and clothing plus skateboard xe�n aal:7 �—an repaj5 Nearly 20% of the shop area will be devoted to retail, which is less than the m maxium allowable of 25% in the SCI Zone District. (Attached as Exhibit B is the SCI Zone District description from the Land Use Code.) In addition to the sales, rental and repair, there is a half - pipe located at the back of the shop. See Fig. 41 above. The half -pipe will be used for commercial recreational purposes for a fee, and to test equipment prior to sales. In addition to the retail and recreational uses, an entertainment component is proposed as Weekend Teen Skate Night on Friday and Saturday nights from 8pm-IOpm. A disc jockey will operate a sound system in the back of the shop. It is not clear if there will be a price for admission. Staff finds that the limited area of retail, rental and repair of recreational equipment is suitable for the site and zone district. However, the for -fee recreational use and entertainment components of the use are not compatible with the intent of the zone district and land uses in the vicinity of the subject property. PROCESS: The application before the Council is for a temporary use which is reviewed in a public hearing process. This review is required of the Council when the duration of the proposed use exceeds 14 days. The Community Development Director may administratively handle a temporary use of lesser time (7 days with a possible 7-day extension). Section 26.450.010 of the Land Use Code regarding states the following regarding the purpose of temporary uses. C:\home\JOYCEO\SkateShopMemo.doc 2 0 • "Temporary uses are those uses or structures that may or may not be permitted in a given zone district, but which may be allowed on a non -permanent and temporary basis upon individual review of their proposed nature, location, duration, impact, and compatibility with surrounding permitted uses and structures, excepting outdoor merchandising or commercial displays which shall not be permitted as temporary uses." REVIEW: Staff has broken the review of this application down into three categories of use —retail, recreational use and entertainment. Following is an analysis of the review criteria for each use. 1) Retail Use The retail use for this location will include the sales of clothing, skateboards and equipment. Rental and repair services for skateboards and equipment will also be provided. Criteria applicable to all temporary uses as stated below. - When considering a development application for a temporary use or an insubstantial temporary use, the Community Development Director or City Council shall consider, among other pertinent factors, the following criteria as they, or any of them, relate thereto: A. The location, size, design, operating characteristics, and visual impacts of the proposed use. Staff Finding: The SK8 Shop is in the same location that was occupied by the retail store Play It Again. Staff finds that the location, design, size, visual impacts and operating characteristics regarding the retail use of this new business will have no impacts to the structures and uses in the immediate vicinity. The SCI zone district was intended to provide space for service businesses and does not allow for retail to utilize more that 25% of the floor area. The SK8 Shop is in conformance with approximately 20% of the floor area allocated to the retail, rental and repair aspects of the business. B. The compatibility of the proposed temporary use with the character, density and use of structures and uses in the immediate vicinity. Staff Finding: Staff finds the proposed retail use is generally compatible with the character, density and use of structures and other retail uses in the immediate vicinity finding that the previous business was compatible and had no negative impacts. No changes are proposed to the outside of the structure and no component of the use is proposed for the out of doors. CAhomeVOYCEO\SkateShopMemo.doc • • C. The impacts of the proposed temporary use on pedestrian and vehicular traffic and traffic patterns, municipal services, noise levels, and neighborhood character. Staff Finding: Staff finds the retail impacts of the proposed temporary use on pedestrian and vehicular traffic and traffic patterns, municipal services, noise levels, and neighborhood character to be compatible and will remain consistent for this location. Adequate off street parking is provided. D. The duration of the proposed temporary use and whether a temporary use has previously been approved for the structure, parcel, property or location as proposed in the application. Staff Finding: Staff finds that no other temporary use has previously been approved for the structure, parcel, property or location proposed in the application. The duration will not exceed 180 days. E. The purposes and intent of the zone district in which the temporary use is proposed. Staff Finding: Staff finds the retail use of the proposed application is compatible and remains consistent with the purposes and intent of the SCI zone district per Section 26.710.160 (B) (5) which states: "Manufacturing, repair, alteration, tailoring, and servicing of consumer goods such as household appliances, electronic equipment, furniture, clothing, or sporting goods" is a permitted use, as long as the floor area for retail does not exceed 25%. F. The relation of the temporary use to conditions and character changes, which may have occurred in the area and zone district in which the use is proposed. Staff Finding: Staff finds the proposed use to be compatible to the conditions and character changes that have occurred in the area and zone district in which the use is proposed finding that the area remains the same as when Play It Again occupied the location. The new skateboard park in the Rio Grand Park likely has added demand (and support) for this type of shop. G. How the proposed temporary use will enhance or diminish the general public health, safety or welfare. C:\home\JOYCEO\SkateShopMemo.doc 4 Staff Finding: Staff finds that the proposed temporary retail use will effect the general public health, safety or welfare. The retail, rental and repair use is convenient in that the business location is in close proximity to the newly constructed skateboard park and Rio Grande Trail. Overall, Staff feels that the retail, rental and repair use is appropriate for the site. 2) Commercial Recreational Use -Othello's SK8 shop is proposing the use of the half -pipe for commercial recreation purposes for a fee. No recreational uses are proposed for outside of the building. Customers have the option to rent equipment from the shop or to use their own equipment. The application states that no skating will occur before 4pm Mon -Fri. Skating would be allowed after 4pm and all day Saturday and Sunday during regular business hours. The proposed business hours for the shop would be 1 Oam until 7pm, Sun - Sat. The applicant proposes that only one person would be allowed on the half -pipe at any given time. Criteria applicable to all temporary uses as stated below: When considering a development application for a temporary use or an insubstantial temporary use, the Community Development Director or City Council shall consider, among other pertinent factors, the following criteria as they, or any of them, relate thereto: A. The location, size, design, operating characteristics, and visual impacts of the proposed use. Staff Finding: The recreational use will be indoors and will not have any visual impacts from locations outside of the shop. The surrounding area is favorable for recreation finding that the skate park, hiking trail and playing field is in close proximity to the SK8 shop. However, the SCI zone does not specifically allow commercial recreational uses to occur at this location. For example, a bowling alley or fitness center would not be allowed in the SCI zone district. The size of the shop has not changed from the original use and no plans have been proposed Staff finds that the design of the building may not be suitable for use of the half -pipe finding that the ceilings may not be high enough. However, the installation of the half -pipe does not require a building permit. B. The compatibility of the proposed temporary use with the character, density and use of structures and uses in the immediate vicinity. C:\home\JOYCEO\SkateShopMemo.doc Staff Finding: In that the use will be contained within the structure, Staff does not raise compatibility issues having to do with character or density. Noise is addressed below. C. The impacts of the proposed temporary use on pedestrian and vehicular traffic and traffic patterns, municipal services, noise levels, and neighborhood character. Staff Finding: Staff finds that the impacts of the proposed recreational use on pedestrian and vehicular traffic and traffic patterns, municipal services, noise levels, and neighborhood character will be minimal as long as the applicant adheres to the no skate rule before 4pm Mon -Fri. If skating were allowed before the specified time of 4pm, the noise levels from the use of the half -pipe may influence the neighboring tenants ability to conduct business in a suitable and healthy environment. D. The duration of the proposed temporary use and whether a temporary use has previously been approved for the structure, parcel, property or location as proposed in the application. Staff Finding: The duration of the proposed temporary use from spring to early September is a long time for a use that is not permitted in or appropriate for the zone district. Staff finds that no temporary use has previously been approved for this location. E. The purposes and intent of the zone district in which the temporary use is proposed. Staff Finding: The proposed recreational use does not fit the purpose and intent of the SCI zone district and is not listed as either a permitted or a conditional use. F. The relation of the temporary use to conditions and character changes, which may have occurred in the area and zone district in which the use is proposed. Staff Finding: No changes in the area or zone district have occurred since Play It Again left the premises. G. How the proposed temporary use will enhance or diminish the general public health, safety or welfare. C:\home\JOYCEO\SkateShopMemo.doc 6 Staff Finding: No effect is anticipated with the use. Overall, Staff does not feel that this use is appropriate for the area or zone district in which it is located. 3)-Entertainmen# Weekend-T-een-Skate Night -(Fri. -&-Sat. from-8--1Opm) The applicant is proposing an entertainment use of weekend teen skate nights on Friday and Saturday from 8pm-10pm. A disc jockey would operate a sound system during those hours. Maximum occupancy is twenty-nine (29), per building code requirements. Criteria applicable to all temporary uses as stated below: When considering a development application for a temporary use or an insubstantial temporary use, the Community Development Director or City Council shall consider, among other pertinent factors, the following criteria as they, or any of them, relate thereto: A. The location, size, design, operating characteristics, and visual impacts of the proposed use. Staff Finding: Staff finds that the operation of an entertainment use could have impacts associated with the congregation of people especially outside the building, especially due to the small area of the space proposed for this use. According to City Building Officials, the structure can accommodate only 29 person based on UBC occupancy. Noise associated with the DJ music may also pose a negative effect on the adjoining residential properties. B. The compatibility of the proposed temporary use with the character, density and use of structures and uses in the immediate vicinity. Staff Finding: Staff finds that the proposed weekend teen night hours of operation are not likely to conflict with the hours of operation of uses in the immediate vicinity per Section26.710.160 (A)(B) 1-20. However, the use is not of a similar character to those in the neighborhood. Youth entertainment uses are found at the Youth Center. The density of the use, in terms of the number of people who could congregate at this site is much higher than the allowed uses for the SCI zone district. C. The impacts of the proposed temporary use on pedestrian and vehicular traffic and traffic patterns, municipal services, noise levels, and neighborhood character. C:\home\JOYCEO\SkateShopMemo.doc 7 Staff Finding: Staff finds that the possible negative impacts on municipal services may be slight to none. However, the impacts on pedestrian and vehicular traffic, traffic patterns, noise levels, and neighborhood character could possibly be significant finding that the users may drive themselves or have their parent drop them off and pick them up. SpilloYerinto-the.— parking lot from the inside of the shop is possible. Noise from the sound system may cause negative impacts to the neighborhood character finding that homes are located directly behind the shop. D. The duration of the proposed temporary use and whether a temporary use has previously been approved for the structure, parcel, property or location as proposed in the application. Staff Finding: Staff finds that the duration of the proposed temporary use is not compatible per Section26.710.160 (A)(B) 1-20. Staff finds that no temporary use has previously been approved for this location. E. The purposes and intent of the zone district in which the temporary use is proposed. Staff Finding: Staff finds the proposed weekend teen night is not contained within the purpose and intent of the SCI zone district. E. The relation of the temporary use to conditions and character changes, which may have occurred in the area and zone district in which the use is proposed. Staff Finding: No changes to the vicinity have occurred which warrant an entertainment center for the SCI zone district. F. How the proposed temporary use will enhance or diminish the general public health, safety or welfare. Staff Finding: Potential traffic generation on the site and off site, and noise could have negative impacts regarding health, safety and welfare. Overall, Staff does not feel that this use is appropriate for the area or zone district in which it is located. CS a-ffRecommendation g'), etail-Us Staff recommends approval for the temporary retail use based on the findings above considering the criteria per Section 26.450.030. C:\home\JOYCEO\SkateShopMemo.doc 8 2) Commercial Recreational Use Staff recommends denial for the temporary recreational use based on the findings above considering the criteria per Section 26.450.030. 3) Entertainment -Weekend Teen Skate Night Staff recommends denial for the temporary Weekend Teen Skate Night use based on the findings above considering the criteria per Section 26.450.030. Recommended Motions "I move to approve Resolution No. (Series of 2001) for the Temporary Retail, Recreational and Entertainment uses for the location at 465 N. Mill Street, Aspen Co. finding that the criteria per Section 26.450.030 have been review and considered." Exibits: A -Resolution No., Series of 200 B-SCI Zone District Code Excerpt C-Vicinity Map C:\home\JOYCEO\SkateShopMemo.doc 9 0 0 RESOLUTION N0. , SERIES OF 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO CITY COUNCIL APPROVING A TEMPORARY USE THAT WILL ALLOW RETAIL, COMMERCIAL RECREATION AND A ENTERTAINMENT USES AT 465 N. MILL STREET, CITY OF ASPEN, COLORADO Parcel ID: 2737-073-00048 WHEREAS, pursuant to Sections 26.450 of the Aspen Municipal Code, the Community Development Department received an application from the Applicant, Othello Clark, requesting a Temporary Use Permit -for retail, commercial recreation and entertainment use for property located at 465 N. Mill Street; and WHEREAS, the applicant proposes these uses for a time period from July 23, 2001 to September 15, 2001; and WHEREAS, pursuant to Sections 26.450.020 the Aspen City Council may approve a Temporary Use, during a duly noticed public hearing, after considering comments from the general public, a recommendation from the Community Development Staff, and recommendations from relevant referral agencies; and WHEREAS, upon review of the application and the applicable Land Use Code standards, the Community Development Department recommends approval for the retail use and denial of the commercial recreational and entertainment uses. Temporary Use Permit for Retail and Recreation; and WHEREAS, the Aspen City Council 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, and has taken and considered public comment at a duly noticed public hearing conducted on July 23, 2001; and WHEREAS, the Aspen City Council finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Aspen City Council approved, by a vote of to (,) for the Temporary Use; and, WHEREAS, the Aspen City Council finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCEL OF THE CITY OF ASPEN, COLORADO ON THE 23rd DAY OF JULY, 2001, THAT: C:\home\JOYCEO\SkateShopMemo.doc 10 Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, a Temporary Use Permit is approved allowing retail, commercial recreation and entertainment temporary uses as put forth in the application, subject to the following conditions: 1. The duration of the temporary use permit shall apply to the time period from July 23, 2001 to September 15, 2001, and any contemplated continued use of the property shall be subject to the required review(s) pursuant to the City of Aspen Land Use Code. 2. The hours of operation on the site shall be limited to the following- -for the retail use-10 a.m. to 7 p.m., Sunday and Saturday; -for the commercial recreation use-4 p.m. to 7 p.m., Monday through Friday and 10 a.m. to 7 p.m., Saturday and Sunday; and Ka - ., 3. The Applicant shall manage and conduct activities on the subject property in such a tL � manner as not to create a nuisance, as defined in Section 15.04.520 of the Aspen Municipal Code. S 4. The Applicant shall not create or allow noise levels in excess of those noise levels permitted and as set forth in Section 18.04.040 of the Aspen Municipal Code. Section 2 All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. 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. "4 Approved by the City Council at its regular meeting on July 23rd, 2001. CA nr APPROVED AS TO FORM: CITY COUNCIL: City Attorney Helen Kalin Klanderud, Mayor ATTEST: Jackie Lothian, Deputy City Clerk C:\home\10YCEO\SkateShopMemo.doc • • Exhibit B Service/Commercial/Industrial (S/C/I) This site is located in the Service/Commercial/Industrial (SCI) zone. Section 26.710.160 regarding the SCI zone district states: A. The purpose of the Service/Commercial/Industrial (S/C/1) zone district is to allow for the use of land for the preservation or development of limited commercial and industrial uses which: may not be appropriate in other zone districts; do not require or generate high customer traffic volumes; are primarily oriented to the manufacturing, repair, storage, and servicing of consumer goods and have a limited office, showroom, retail, or customer reception area; and, to permit artist's studios as well as customary accessory uses, including affordable residential dwelling units accessory to permitted uses. B. The following uses are permitted as of right in the Service/Commercial/Industrial (S/C/I) zone district. Except as noted below, each of the permitted uses may have, in combination, no more than 25% of its floor area devoted to retail sales, office, showroom, or customer reception. The Commission may increase this floor area percentage through conditional use review. 1. Building materials, components, and equipment, fabrication, sales, rental, repair, and servicing with up to 100% of the floor area devoted to office, showroom, retail, or customer reception use. 2. Automobile and motorcycle repair, servicing, and detailing. 3. Automobile and motorcycle parts sales with up to 100% of the floor area devoted to office, showroom, retail, or customer reception uses. 4. Fabric and sewing supply with up to 100% of the floor area devoted to office, showroom, retail, or customer reception uses. 5. Manufacturing, repair, alteration, tailoring, and servicing of consumer goods such as household appliances, electronic equipment, furniture, clothing, or sporting goods. 6. Building maintenance facility. 7. Typesetting and printing. 8. Commercial kitchen. 9. Design Studio. 10. Artist's Studio. 11. Rehearsal or teaching studio for the creative, performing, and/or martial arts with no public performances. 12. Locksmith. I I Post office. 14. Animal grooming establishment. 15. Warehousing and storage. 16. Service yard accessory to a permitted use. 17. Home occupations. 18. Accessory buildings and uses. EAPersonal\projects\Sk8 shop\Memo.doc 12 • • 19. Other similar uses considered appropriate as a permitted use by the Community Development Director, pursuant to Section 26.306 Interpretations, as amended. 20. Any use established prior to adoption of Ordinance 2, Series 1999, subject to the non -conforming use provisions of Section 26.312, as amended. E:\Persona1\projects\Sk8 shop\Memo.doc 13 LAND USE APPLICAT ION PROJECT: Name: OTHELLO' S SK8 SHOP -- - Location: 465 NORTH MILL STREET, ASPEN COLORADO 81611 (Indicate street address, lot & block number, legal description where appropriate) APPLICANT: Name: Address: p p BOX 491 2 ASPEN, ( I j ADO 81 61 2 - Phone #: 970 948-57 2 REPRESENTATIVE: Name: APPLICANT IS HIS OWN REPRESENTATIVE Address: Phone 4: Conditional Use pecial Review Design Review Appeal GMQS Allotment GMQS Exemption ESA - 8040 Greenline, Stream Margin. Hallam Lake Bluff, Mountain View Plane Lot Split 71 Lot Line Adjustment Conceptual PUD Conceptual Historic Devt. Final PUD (& PUD Amendment) [] Final Historic Development Conceptual SPA Minor Historic Devt. Final SPA (& SPA Amendment) Historic Demolition Subdivision [] Historic Designation ❑ Subdivision Exemption (includes Small Lodge Conversion/ condom iniumization) Expansion Temporary Use Text/Map Amendment Other: EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) PROPOSAL: (description of proposed buildings, uses, modifications, etc.) Have you attached the following? Pre -Application Conference Summary Attachment #1, Signed Fee Agreement Response to Attachment 92, Dimensional Requirements Form Response to Attachment #3, Minimum Submission Contents Response to Attachment 44, Specific Submission Contents Response to Attachment 95, Review Standards for Your Application FEES DUE: S OTHELLO SK8 405 SOUTH MILL STREET ASPEN, COLORADO 81611 (970) 948-5752 June 6, 2001 ADDENDUM TO PROPOSAL FOR OTHELLO SK8 CONDITIONAL USE PERMIT I wish to propose that this Addendum be added to the proposal for Othello SK8 conditional use permit for my review with the.Planning and Zoning Committee. I propose the following additions: 1. I wish to use the indoor half pipe for kids to use between'the hours of 8:00pm and 10:00pm, on Friday and Saturday nights only. Kids come into my shop after the skateboard park is closed and wish to use the pipe at night. 2. Only one child can be on the pipe at a time, there are usually ten to fifteen kids in my shop at night, the limit would be twenty. 3. There will be a DJ who will operate the sound system during the hours that half pipe is open. 4. The price for a season pass is $25.00. The price for a monthly pass is•$10.00. The price for a day pass is $1.00. All of the above monies go towards the maintenance of the ramp. 5• V"iT Z,,,1�'%') e", . 15 (� N Respect Sumitte , 0 CLARK (f ATTACHMENT #3 Mr. James Lindth Aspen Planning Department 130 S. Galena St. Aspen CO 81611 James, As per our previous conversations, I have taken a moment to summarize the uses of my proposed Skateboard Rental and Repair shop. If there are any other issues that need clarification, do not hesitate to contact me. The shop is approximately 870 square feet in floor area, measuring roughly 49' by 17'-6". The main use of my shop will be the rental and repair of skateboards for the neighboring Skateboard Park. In addition to the skateboards themselves, I will also be renting helmets, elbow and knee pads. My intent always has been to provide visitors or the youth of aspen that do not yet own equipment, a chance to get into the park and try the sport for themselves. In addition to the rentals, a small portion of the shop will be devoted to retail, approximately 200 square feet. Part of being able to repair skateboards is having new items such as wheels, tricks, and boards for sale. I estimate that many riders will break a board or need new wheels throughout the course of the summer, and my shop will be in such close proximity that the riders can simply walk over. As many of you know, I also have my own clothing line and will be selling t-shirts, hats, and visors as promotional items for my shop within the 200 square foot retail space. I estimate that most of my business will be the rentals, the rest will be the sale of replacement items damaged in the park. In addition to the rentals, repairs and small retail corner, a half -pipe will be constructed in the back of the shop. In no way is this half -pipe intended for full time use. It is simply a way for unfamiliar riders to get comfortable on a ramp before entering the hustle and bustle of the large park. Also, riders from out of town who rent my equipment may want a few practice runs to get comfortable with the rented equipment before testing themselves on the 10' bowl. The ramp will also allow people to try out their replacement wheels or decks before purchasing them. Please keep in mind that the ramp will only be 30" high and will not be nearly as attractive to riders as the concrete park across the street. The shop will be fitted with some chairs and coaches for riders to use while they are waiting to get fitted for pads or for their skateboards to be fixed. A television will be mounted in the corner to play skateboard videos. That will be both for my enjoyment as well as to inspire skateboard riders to learn new tricks. I hope this helps you and the planning staff understand my intended use of the Use It Again space. As stated before, please feel free to contact me if any other information or clarification is necessary. I can be reached at home at 544-3449 or on my cell at 948- 5752. Thank you for your time. Othello Clark ATTACHMENT #4, article 1 �ko- 0. O.��Vvqv� �� is • • E .4 a) r-I U .H u co H z w U E-H H 6 W U a (n w O z O H H a h-i P+ c.) w A a, U co a a) u s4 a) W O W C7' ul N G1 U) r-I co c v r-I H ca 3 a) 10 .r{ U) W v .a 41 a, v W � v v �4 v ca w 3 v aJ � �4 'C ca G rn O ca 41 00 (3) W a) cV (1) U M 44 a) •11 �4 i 8 a) ca w O )4 O a) 0 ca v' rj) C7' 10 ca 00 00 ai p JJ N �1 0 W -1 r I L a) ca U) a) u a) •b co Ei a) •14 : r4 co ul (71 x cz -H cn O a) a >4 w ca 0 .o a ca v am a �+ co a) co co I u a r1 > ri) En oo �4 v •r+ •rl r-I v �+ •b .G r-I U1 ni b r 1 a) p ca ca ai ca 0 3 44 O .n O 41 (11 • )4 a) u L �a a) co [. u W .SL a) ,n as U) r •n u a. w �4 rl C W co u O 0 :3 0) v d aJ �+ ca cn w 4-1 O v 0 (1) rl t� a) p co CV i 4 W a) —4 b 1J 1J 4-1 N a) (1) •rl cn ca LJ u 44 O^ •r1 r1 O a) OO b a) u ca 00 (1) L (1) (n -H JJ cn •rl (n Ca a) 44 .H x (n a) 0 a) v o0 G. w p r( ca > 4 ca O a O ri ca +J ((nn ca G � b v o O a) ,C (n W W N w O rj ca a (31 w O r{ > a) ca w 0 .-- ca 0 "o (1) ca W (n 41 :j -H H a) v co ai T 'LS V-I (a v O JJ U) r -I rl r-I .= (1) a a �4 w ca •r c�a -H w d 0 0 w (n A A P4 E-c E-c • • ATTACHMENT #5 In response to the requests on Attachment #5, Review Standards: Development or Conditional Use. A. The space is an existing sporting goods store. B. The surrounding spaces consist of a bicycle rental and accessories shop The space is in close proximity to the skateboard park C. There are no adverse effects according to the stipulations of this paragraph pertaining to the shop. D. We comply with all of the stipulations in paragraph #D E. Not Applicable. F. The conditional use stipulates a sporting good shop under which category we fall as we are rental and sale of skateboard and skateboard accessories as outlined in the attached letter. City of Aspen 10 2001 Combined Sales and Sales Tax Administrator Business License Application 130 South Galena Street and Business Occupation Tax Return Aspen Colorado 81611 Please Type or Print Clearly (970) 920-5029 E-MAIL: larn1,?-i:ci.aspcn.co.us Name of Business: r Lnc� 5 St `2 `)hs�D �alesTa Prinrarv.Wailing Address: Location Address:t k 5 ► • Address To Which You Would Like Licenses Mailed: :zSame as Sales Tax Address Same as Location Address Other: -Phone No. of Business:(5-10) qq!j- 5-75Z Sales Tax Contact'0[,kz 10 R- CJ DY k E-mail Address: 0H2L1LcKX0 NOL . ColA -- Colorado Sales Tax License No: If applicable. State of Colorado Sales Tax Exempt Number: Fax No.: ( ) Contact Phone: Web Page Address: If Being Applied For. Date? Frequency of Filing Aspen Sales Tax Returns: Monthly Quarterly Annual Other (Describe) /%more than S600 in taxable sales per month, you must file monthly. Will you also be collecting the Aspen I'%, Lodging Tax on Short Tenn Rentals of Lodging? Yes _/ No Nature of Business / Products Sold: 3ka!-t' hwrL s caCLe2:5� • -r kopw Type of Ownership: (check one) Sole Proprietorship Partnership Corporation LLC Other If you have a physical location in Aspen. Name of Trash Hauler: ZP71 . (Required) Trash Containers Alust Be Wildlife Resistant Date That Business Started In Aspen. or Date of Purchase of Business: M 61k If Business Was Purchased. Name of Previous Business &, Owner: tJ /b Names of ers, Partners. or Managers of the Business: 1 a. �9 �0 k Title �I? b. Title C. Title If Retail. Please Estimate the Highest Monthly Taxable Retail Sales For Your Business $ ' 15 +o0(U Estimated Monthly Average Full Time Employees (FTE's) of your Business: 1 (Include self, owners and partners, managers, etc.) Computation of Annual Business Occupation Tax Due to the City of Aspen For the Calendar Year. January 1 thru December 31, 2000: 0 - 5 Employees.......................................................................................................$150 Amount Paid: 6 - 15 Employees.....................................................................................................$20U 16 - 49 Employees...................................................................................................$400 $_ � . 00 50 or More Employees.............................................................................................$750 LiquorLicense Holders............................................................................................$ -0- Not For Profit Groups .... (IRS Section 501(C).(3) Certificate Required) .................... $ -0- F CONTINUED ON REVERSE SIDE 4 • • I declare under penalty• of perjury tha is — lic- tion has bee min d b • e. and that the statements made herein are made in good faith pursuant to the City of en tax eg lations nd.'to in b /st o i kno dge and belief. are true, correct and complete. SIGNATURE OF APPLICANT: (t DATE: 3 k-7 I 0 I PLEASE RETURN THIS A ICATION ALONG WITH YOUR REMITTANCE OF THE APPROPRIATE BUSINESS OCCUPATION TAXES, (AS CALUCULATED ON THE FRON7' OF THIS APPLICATION), PAYABLE TO THE CITY OF ASPEN FOR CITY STAFF ONLY APPROVAL DATE ZONING - Community Development 3`d Floor of Cite Hall s 920-5441 ENVIRONMENTAL HEALTH - Primarih for Food Handling and Hazardous Chemicals 2"d Floor of City Hall 920-5070 ENVIRONMENTAL R-kNGER - Approval Required for All Businesses Located In Aspen — Concerning Trash Collection 2"d Floor of City Hall (Environmental.Hlth.Dept) Brian Flynn 920-601 1 or 920-i070 FIRE MARSHALL - Located in the Fire Dept. 925-2690 FINANCE DEPT - I"Floor of Cite Hall Pay Cashier the Appropriate Business Occupation Tax See Larn Thoreson for Issuance of License 920-5029 Attachment 6 One Step Commission or Council Development Review Procedure 1. Attend pre -application conference. During this one-on-one meeting, staff will determine the review process which applies to your development proposal and will identify the materials necessary to review your application. 2. Submit Development Application. Based on your pre -application meeting, you should respond to the application package and submit the requested number of copies of the complete application and the appropriate processing fee to the Community Development Department. Depending upon the complexity of the development proposed, Staff may suggest submitting only one copy. This way any corrections that may be necessary can be accomplished before making additional copies 3. Determination of Completeness. Within five working days of the date of your submission, staff will review the application, and will notify you in writing whether the application is complete or if additional materials are required. Please be aware that the purpose of the completeness review is to determine whether or not the information you have submitted is adequate to review the request, and not whether the information is sufficient to obtain approval. 4. Staff Review of Development Application. Once your application is determined to be complete, a date for the Commission or Council review will be set. Applications are scheduled for review on the first available agenda given the requirements for public notice. During the staff review stage, the application will be referred to other agencies for comments. The Planner assigned to your case or the agency may contact you if additional information is needed or if problems are identified. The Planner will prepare a review memo which addresses the proposal's compliance with the Land Use Code and incorporates the referral comments. The planner will recommend approval, denial or tabling of the application and recommend appropriate conditions to this action. You will be called to pick up a copy of the memo and the agenda at the end of the week before your hearing, or we can mail it to you if you so request. During the period of staff review, it is essential that public notice be given, when required for your development application. The requirements for notice of your application are provided in Attachment 7. 5. Commission or Council Review of Development Application. Your project will be presented to the Commission or Council at a regularly scheduled meeting. The typical meeting includes a presentation by staff, a presentation by you or your representative, questions and comments by the review body and the public, and an action on the staff recommendation, unless additional information is requested by the review body. Final approval of any Development Application which amends a recorded document, such as a plat, agreement or deed restriction, will require the applicant to prepare an amended version of that document for review and approval by staff. Staff will provide the applicant with the applicable contents for the revised plat, while the City Attorney is normally in charge of the form for recorded agreements and deed restrictions. We suggest that you not go to the trouble or expense of preparing these documents until the staff has determined that your application is eligible for the requested amendment or exemption. 6. Receipt of Building Permit. Once you have received final approval of your development application, you may proceed to building permit review. During this time, your project will be examined for its compliance with the Uniform Building Code. It will also be checked for compliance with applicable provisions of the Land Use Regulations which were not reviewed in detail during the one step review (this might include a check of floor area ratios, setbacks, parking, open space and the like). Fees for water, sewer, parks and employee housing will be collected if due. Any document required to be recorded, such as a plat, deed restriction or agreement, will need to be reviewed and recorded before a Building Permit is submitted. 1 stepsumm • • ATTACHEMNT 4 Specific Submission Contents Conditional Use Review A Conditional Use Application shall contain the following items: 1. A sketch plan of the site showing existing and proposed features which are relevant to the review of the conditional use application. See Attached. 2. If the application involves development of a new structure or expansion or exterior remodeling of an existing structure, proposed elevations of the structure. Not Applicable. 3. Written response to the review standards (attachment 5). See Attached. Insubstantial Amendment to Approved Conditional Use By Planning Director The request for Planning Director approval of an Insubstantial Amendment or Exemption shall contain the following items in addition to those above: 1. A written description of the existing conditions on the property which are requested to be altered via the amendment or exemption. Not Applicable 2. A listing of all previous development approvals granted to the property, with the approximate dates of said approvals. Not Applicable 3. A copy of any recorded documents which affect the proposed development, including but not limited to recorded plats, agreements and deed restrictions. If changes are proposed to said recorded documents, these should be "red -lined" onto a copy of the original document. Not Applicable 0 • ATTACHMENT1 ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT City of Aspen Development Application Fee Policy The City of Aspen, pursuant to Ordinance 45 (Series of 1999), has established a fee structure for the processing of land use applications. A flat fee or deposit is collected for land use applications based on the type of application submitted. Referral fees for other City departments reviewing the application will also be collected when necessary. One check including the deposit for Planning and referral agency fees must be submitted with each land use application, made payable to the Aspen/Pitkin Community Development Department. Applications will not be accepted for processing without the required application fee. A flat fee is collected by Community Development for Administrative Approvals which normally take a minimal and predictable amount of staff time to process. The fee is not refundable. A deposit is collected by Community Development when more extensive staff review is required. as hours are likely to vary substantially from one application to another. Actual staff time spent will be charged against the deposit. Several different staff members may charge their time spent on the case in addition to the case planner. Staff time is logged to the case and staff can provide a summary report of hours spent at the applicant's request. After the deposit has been expended, the applicant will be billed monthly based on actual staff hours. Applicants may accrue and be billed additional expenses for a planner's time spent on the case following any hearing or approvals, up until the applicant applies for a building permit. Current billings must be paid within 30 days or processing of the application will be suspended. If an applicant has previously failed to pay application fees as required, no new or additional applications will be accepted for processing until the outstanding fees are paid. In no case will Building Permits be issued until all costs associated with case processing have been paid. When the case planner determines that the case is completed (whether approved or not approved), the case is considered closed and any remaining balance from the deposit will be. refunded to the applicant. Applications which require a deposit must include an Agreement for Payment of Development Application Fees. The Agreement establishes the applicant as being responsible for payment of all costs associated with processing the application. The Agreement must be signed by the party responsible for payment and submitted with the application and fee in order for a land use case to be opened. The current complete fee schedule for land use applications is listed on the reverse side. 0 • 26.710.160 8. Minimum distance between principal and accessory buildings (feet): No requirement. 9. Percent of open space required for building site: 25. 10. External floor area ratio (applies to conforming and nonconforming lots of record): For detached residential dwellings and duplexes the external floor area ratio shall be the same as in the R6 zone district. All uses other than detached residential and duplex dwellings: 1:1; how- ever, the 1:1 external floor area ratio may be increased to 1.5:1 by special review pursuant to Chapter 26.430; however, if the external floor area ratio is increased by special review pursu- ant to Chapter 26.430, then sixty (60) percent of the additional floor area must be approved for residential use restricted to affordable housing. 26.710.160 Service/Commercial/Industrial (S/C/I). A. Purpose. The purpose of the Service/Commercial/Industrial (S/C/n zone district is to allow for the use of land for the preservation or development of limited commercial and industrial uses which: may not be appropriate in other zone districts; do not require or generate high customer traffic volumes; are primarily oriented to the manufacturing, repair, storage, and servicing of con- sumer goods and have a limited office, showroom, retail, or customer reception area; and, to permit artist's studios as well as customary accessory uses, including affordable residential dwelling units accessory to permitted uses. B. Permitted uses. The following uses are permitted as of right in the Ser- vice/Commercial/Industrial (S/C/I) zone district. Except as noted below, each of the permitted uses may have, in combination, no more than 25% of its floor area devoted to retail sales, office, show- room, or customer reception. This floor area percentage may be increased through conditional use :-eview by the Commission. 1. Building materials, components, and equipment, fabrication, sales, rental, repair, and ser- vicing with up to 100% of the floor area devoted to office, showroom, retail, or customer reception use. 2. Automobile and motorcycle repair, servicing, and detailing. 3. Automobile and motorcycle parts sales with up to 100% of the floor area devoted to office, showroom, retail, or customer reception use. 4. Fabric and sewing supply with up to 100% of the floor area devoted to office, showroom, retail, or customer reception use. 5. Manufacturing, repair, alteration, tailoring, and servicing of consumer goods such as household appliances, electronic equipment, furniture, clothing, or sporting goods. 6. Building maintenance facility 7. Typesetting and printing. 8. Commercial kitchen. 9. Design Studio. 10. Artist's Studio. 11. Rehearsal or teaching studio for the creative, performing, and/or martial arts with no public performances. 710-77 (Aspen moo) ASPEN/PITKIN COMMUNITY DEVELOPMENT 2000 LAND USE APPLICATION FEES HOURS Major 12 Minor 6 Staff Approvals Flat Fee Exempt HPC Minor HPC Significant HPC <1000 sq. ft. Significant HPC >1000 sq. ft. Demolition, Partial Demolition, Relocation Referral Fees - Environmental Health Major Minor Referral Fees - Housing Major Minor Referral Fees - City Engineer Major Minor DEPOSIT 2,310.00 1,155.00 480.00 265.00 65.00 480.00 1155.00 2310.00 2310.00 330.00 170.00 330.00 170.00 330.00 170.00 Hourly Rate 195.00 • • ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and oTuFT.T.ri S $TC9 SHOP (hereinafter APPLICANT) AGREE AS FOLLOWS: APPLICANT has submitted to CITY an application for (:(TNTITTTONAT. TT-,F. PFRMTT (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 45 (Series of 1999) 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 $ 500.00 which is for 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 By: Julie Ann Woods Community Development Director Mailing Address: POST OFFICE BOX 4912 ASPEN, COLORADO 81612 gAsupport\forms\agrpayas.doc 12/27/99 ATTACHMENT 2 DIMENSIONAL REQUIREMENTS FORM /✓ Project: OTHELLO' S SK8 SHOP /Applicant: OTHELLO CLARK ✓Location: 465 NORTH MILL STREET, ASPEN, COLOR"O 81611 Zone District: Lot Size: Lot Area: (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) V Commercial nef leasable: Number of residential units Number of bedrooms: Existing: Proposed: Existing: Proposed.• Existing: Proposed.• Proposed % of demolition (Historic properties only): DIMENSIONS: Floor Area: Existing, Principal bldg. height: Existing. Access. bldg. height: Existing. On -Site parking: Existing % Site coverage: Existing % Open Space: Existing Front Setback: Existing Rear Setback: Existing Combined F/R: Existing Side Setback: Existing Side Setback: Existing Combined Sides: Existing Allowable: Proposed.•_ Allowable: Proposed.-_ Allowable: Proposed: Required: Proposed: .Required.- Proposed: Required.• Proposed: Required: Proposed: _Required: Proposed - Required: Proposed: Required: Proposed: Required: Proposed: Required: Proposed: Existing non -conformities or encroachments: Variations requested: • ATTACHMENT S Review Standards: Development of Conditional Use When considering a Development Application for a Conditional Use, the Commission shall consider whether all of the following standards are met. The application must include a written responce to each of these review standards. 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; and 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 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 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 E. The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use; and JF. 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. ATTACHMENT 7 Public Hearing Notice Requirements Three forms of notice are required by the Aspen Land Use Regulations: publication in the newspaper, posting of the property, and mailing to surrounding landowners. You can determine whether your application requires notice, and the type of notice it requires, from Table 1, which is attached to this summary. Following is a summary of the notice requirements, including identification of who is responsible for completing the notice. 1. Publication - Publication of notice in a paper of general circulation in the City of Aspen is to be done at least fifteen (15) days prior to the hearing. The legal notice will be written by the Community Development Department and we will place the notice in the paper within the appropriate deadline. 2. Posting - Posting of a sign in a conspicuous place on the property is to be done ten (10) days prior to the hearing. It is the applicant's responsibility to obtain a copy of the sign from the Community Development Department, to fill it in correctly and to bring proof to the hearing that posting took place (use attached affidavit). \3. Mailing - Mailing of notice is to be made to all owners of property within 300 feet of the subject development parcel by the applicant. It is the applicant's responsibility to obtain a copy of the notice from the Community Development Department, to mail it according to the following standards, and to bring proof to the hearing that the mailing took place (use attached affidavit). Standards for notice shall be as follows: 1. Any federal agency, state, county or municipal government service district or quasi governmental agency that owns property within 300 feet of the subject property must be mailed notice fifteen (15) days prior to the hearing. 2. All other landowners within 300 feet of the subject property must be mailed notice ten (10) days prior to the hearing, unless notice is given by hand delivery, in which case it must be sent five (5) days prior to the hearing. ;. Subdivision app4 c tions only also require notice by registered mail to all surface owners, mineral owners and lessees of mineral ow of the subject property. 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 public hearing. Ci� said that they are working on netting it done. Conditional Reviewed application on 6/1. Site visit 6/5. • Use Spoke with Othello 6/5----"Fri/Sat. skate nights from 8-1Opm starting around June 19th; 10-7 coon -sat; sun 11-5; $25 summer pass. $10/month; $1 /dav; will be out of the shop on Sept. 15"'. Parents must sign a waiver/release." **spoke �vitltOthello Qi�6..7_�_eque�ti��a_x�e«_ proposal. ""' Received a call from Paula 6/7(618-1050) to let her know about the new request/addendum. She said she would drop it off on 6.8**** Received addendum regarding new proposal****Spoke with Paula on 6/12 to inform her that staff is going to process this as a temporary use perinit. Paula is not going to act as his agent. Othello was informed that notice needed to happen 15 days prior to hearing; He did not get this done in time. Paula came by on 6.28 to get notice and affidavit and do it for him. Hearing is scheduled for 7.23. City notice went in paper on 6.22 per Becca at the times. Paula droped off affidavit of notice/photo and picked up memo on 7/19. Was informed that SK8 is not pursuing Weekend Skate night. Met with Othello on 7/20 to talk about hearing. I was informed that he still has not received staff memo. Special Conducted site visit on 6/1. Met with staff on ,•, review 6/5. Need letter from land lord for ok. Need to check on liquor license with Kathrine and response from EH. **no problem from both**. Spoke with Rob on 6/7 to request a letter from landlord.... waiting for letter. Called again on 6/18 to request letter; lft messg. Finished staff report w/out letter 6/19. Gave to Joyce on 6/1.9. Revised on 6/21. Turned into P&Z @130 Thur. P&Z approved it with condition that no tables will be located on the sidewalk. Need to rewrite reso. 7.23 Comic 6.26 asap done P&Z approved it on6/27 0 • Vicinity Map County of Pitkin } AFFIDAVIT OF NOTICE PURSUANT } SS. TO ASPEN LAND USE REGULATIONS State of Colorado } SECTION 26.304.060(E) I, 1`✓ ,� being or representing an Applicant to the City of Aspen, personally certify that I have complied with the public notice requirements pursuant to Section 26.304.060(E) of the Aspen Municipal Code in the following manner: 1. By mailing of notice, a copy of which is attached hereto, by first-class postage prepaid U.S. Mail to all owners of property within three hundred (300) feet of the subject property, as indicated on the attached list, on the �6_1�day of c , 200 ( (which is &3 days prior to the public hearing date of U 0 I ?. By posting a sign in a conspicuous place on the subject property (as it could be: seen from the nearest public way) and that the said sign was posted and visible continuously from the A 8 day of 200�, to the J3%)day of �,� , 200�. (Must be posted for at least ten ( O) full days before the hearing date). A photograph of the posted sign is attached hereto. (Attach photograph here) WITNESS MY HAND AND OFFICIAL SEAL My Commission expires: Notary Public PUBLIC NOTICE RE: OTHELO'S SK8 SHOP TEMPORARY USE PERMIT NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, July 9, 2001 at a meeting to begin at 5:00 p.m. before the Aspen City Council, City Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Othello Clark requesting approval for a temporary use permit from July 9, 2001 to September 15, 2001 to use the existing space of Use It Again Sports located 465 N. Mill Street for a skate board sale/recreation/repair shop. For further information, contact Steve Clay at the Aspen/Pitkin Community Devveloplment Department, 130 S. Galena St., Aspen, CO 970.920.5441 S/Helen Klanderud Aspen City Counsil f�t k4A 1Y • I ASPEN CENTER FOR • ASPEN CONSOLIDATED SANITATION ENVIRONMENTAL STUDIES 565 N MILL ST 100 PUPPY SMITH ST ASPEN, CO 81611 ASPEN, CO 81611 CITY OF ASPEN FULLER VICTORIA B 130 S GALENA ST 1949 W WABANSIA ASPEN, CO 81611 CHICAGO, 1L 60622 HOROWITZ JAMES M MARTIN MICHAEL S 110 E HALLAM SUITE 104 4150 IRVING PL ASPEN, CO 81611 CULVER CITY, CA MILL STREET VENTURE LLC PEMBER WILLIS PO BOX 1112 PO BOX 8073 CRESTED BUTTE, CO 81224 ASPEN, CO 81612 PUPPY SMITH LLC REIDSCROFT PARTNERSHIP 205 S MILL ST SUITE 301A PO BOX 10443 ASPEN, CO 81611 ASPEN, CO 81612 TEAGUE HENRY B US POSTAL SERVICE 412 N MILL ST WESTERN REGION ASPEN, CO 81611 SAN BRUNO, CA 94099 • BEYER ALAN R 410 N MILL ST B-11 ASPEN, CO 81611 GARWOOD JANET PLETTS SARAH A AS JT TENANT PO BOX 3889 ASPEN, CO 81612 MILL STREET MILAGRO CORPORATION A COLORADO CORPORATION 414 N MILL ST ASPEN, CO 81611 PITKIN COUNTY 530 E MAIN ST STE 302 ASPEN, CO 81611 ROARING FORK VENTURES LLC 557 N MILL ST ASPEN, CO 81611 .. ...cn T, rn >, m;m4d-oom O x 7 n Z m y m ag3.7a�vv pm c a CA)D ao�m nrn 3 e H°c m 0 �► J -� n a N M03 om 333� m3m v 4 O m ° �"; coi (p �y y ^. 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Liu nor use ror mrernatlo al Marl See reverse Sena C Street dy{Vumf;er� �„\ np Post i State �P ode Postage Certified Fee Special Delivery Fee Restricted Delivery Fee LO rn Return Receipt Showing to Mom & D Oelive a Return R eipl iNho- Q Date, • . '. OTOT orA eesss&dr Cppstage 8tf,, •, $ I • 7Y � E Pos �( r LL n N-3 v O m a c>' f'D rD A Ln m D m Ewa= 03z <' m m�1-0 nc m Ic ?p�$1IT app (A x m 33aA mmm3 MCh m O W 41 J W CD W oa ' M md� rd O C h7 O mom am o 0 !v '7.., b' c z f y O N Q O V b O n f a m $ n b O �C ram. tTj S o 3' 7 d m z H d to H [rl a P 4 m CD m m — m m z a s J rn H 1-i rn o Q m �m IDx H ~ 7' rn 0m m a H d mi m 3 t y S m `s Er to a� v m a 2 o m OD V ❑ ❑ ❑ A A am m p_ m a m M O' to 07 T C ov Q " m Qo m x CD `o• � mm Z ° 3 (n y nID m 7 _ z o n mo _ � m �� t m ^� j o w I ct) Lr-) F o ��—, El ❑ mf o (D a U)=' CD (A m n v CD E o < c 0 ET n ° m CD D a a m 42 m a y Thank you for using Return Receipt Service. Is your RETURN ADDRESS completed on the reverse side? rn Ln w ■ ■ . .. ■ CA -n �, D (D=*�>g;opm o �Z 3 o^�8 m �' o m o �3c X c<D D wc,mmm � OD Z' C a o �3mm 0Dj � . 3 3 4��m _m m a m m E mV z C� zm 7d H H M �Qo o n ? 0 3 a co A ox� 3- m 0. v < aL ID W Fa hOr-1 rTl m 3 m m m m t--' rn H r a °i m 2 = A CD N r m O ? W � rn w 0 V O T. m .� m f a 3 m m g x o m - IDN m d� v m m ❑ =m C w D p m Cn n3 H o CrM'D W i CD Z ? m m 'o^ (D v CD a 0)D cr w 0 iv 1 O w 3us). m y f o n 1 W y m a p V^" (a a m ❑ ❑ � m a m CD M 0 U) OM N O CD y 0 y m < n v iD 0) Q 7 m m n O m m p a mn y u7 07 of .a d O cc cr7 c LL a P 277 561 374 4 USFostal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail See reverse Sent to .Stre t RI r Post tate, ZI 6 Postage $ Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt Show' to Whom & Date Bred Return Receip Slaw' µrtlARti a.. uate, & Adoosbmf%.��.... ,,. �Y�^ TOTAL e & Fep Postma te;. / P 277 561 378 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do nqt use for International Mail (See re - t ok 1 U t4l IV t l I Pas ffice, State y& ZIP od N Postage $ Certified Fee Special Delivery Fee Restricted Delivery Fee rn Return Receipt Showing to _ Whom & Date Delivered _ n Realm Receipt Showing to Q Date, & Addressee's Addr 0 TOTAL Postage & Fdeco - tr) Postmark or Date u- a \ ,� - , — .— ­6 &� —...V ..— uu uw 10—OW awc: _0 rn cn ■ . . .. ■ (A �, 0.Ion*R�d�o0rn o' Xra co m <mm3.�a33Z m 70 <a— Q C < CD ac m 7O C rn oo a C W M t~ a D- 0 333� o' wW — m a _ -. j CT7 H C�7 'l. t17 LT1 CfJ y (D a m a m o w m y T n w o m 3 y 2 x n o O N.2 o,, a maro a, O h-' f y T -0-0 o r o � a r f m a A 00 H F-' H 0 3 Fra 3 m 01\ N 5 m 2 H m 3 H m �D O 2 CD m CD oCD f (D l n C m O mg m - o nw w n C n am CD ID n i--i �""1 cr u u u Q A Z3 m m W '�' m �' _ac m 3 Cm En o 3 m S. N CD (ID y/[� m P� 7 COL N CD ) D ` y < �.-6�i rp 3 `a z wFo CD m �. El ❑ Cl) F n N �' v a m \ Al CD n m ::3 ❑ ❑ J CDa CDm CD v o co vi o m CD cn � m m a CDin a v CD m 42 m >j' n a Thank you for using Return Receipt Service Is your RETURN ADDRESS completed on the reverse side? ■■.fA T m D mS';m9d�oom < m d 93Z o 3 co 7 a' ems. ` � n Co m3.a lilpp 0 �. Er O v a m FFm a m D ac 3e 7<0 "3�--� Oho m "� W CL a 7J m N E; v 4 O a Q A w m d o n CD y T b J-- t-1 7o r r1, ro r o 7.a a w o rr � m w Z O o E N 2 a N o m o0 Cn ca 7 ?Cx c7 H H iv a O w m o z H 2—ED. d CD 00 H m 3 a m c 3. . F- r m 111 o w H Cn f m o H nm m o O m f 3 < N � n 0 � O C A A a m po ❑ ❑ ❑ iT a 73 a 0 m m M to ac3 0 H m W n m c-0 cp cD m p 3 m y o 3 y �. m 3 (D �Z U, H 0 mC7 (p C - 4 CD ��. m. m IV cD> mrn a �.,1 0 1 O rn m:CD E. M 6. �"ao w d ur ^ a m O r^ m N m CD m m a m m m ❑❑� � o m m< cD y O wmcvaw m < m a m m n v m� m o a (n Th—L, ---- _ PS Form3=, April 1995 CD 0' 3 V a r ` 3 ii 3 R� �.� S. a o 0. ELK m `� "' Top• O 0 0 Z`b ty CO o m" �� cn m m m J' Z � 3 o , -n m 'v to 6n C m v \ cCD 1 m m P 277 561 381 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. O �U �D A C (p N CDcUo c, -% z m 0 m v 0 0 Q7 to fy Do not use for nternational Mail See reverse IO O Stre t & Numbe \ 1 1 Pos Slat Postage $ Certified Fee Special Delivery Fee Restricted Delivery Fee uO Return Receipt Showing to Whom & Date Delivered a < Return Receipt Wwiyatp Whom, Date, & Addresage s Addresses TOTAI Posiag'e, &Fees O 00 PostrMark pr Qatp -0 i 0 LL U) N N , L D > .� Q o o N � N .`O N ar N N ar ar Q Q C1 ❑ ❑ NoCo c cc x ' N 0 O w O U Q) zi Cr 211 (:j c t Z• ar CO Z)i o a � % a Z ; H 112 c�' m 0 m Q C U N E O 0 C o E m a � U Q v N N O c (n W xtD I2 w Cr a ❑ ❑ ❑ p C] r-- b G Q m ao 9 N 0 a E oa d ° N U u • ° ° nc Z d m m r ai m E ° E y c v n E H G °1 E o .c H 00 O> 0) o a, w x o E� U o v " 2 ai O m m �. PQ O z z ;e� vi o m a N O P T5 E E E cc a m `r 1 cn � -d Q � co r- aEi aEi o c ¢ 2 ;a' 10 UJ m ? C c E ❑aa -L �FiC N U U Z E E'c_v E,� �.> r ¢ O C iC ti WUUa �¢ a3�a U) . ■ . . ■ . c� rr; co d 40pls asJana1 ayt uo pataldwoo SS3d0ad Nunn inoA sl Is your RETURN ADDRESS completed on the reverse side? ■ ■ ■ ■ (n D rn cn ■ ■ a -i rTi (n I 37 D <�' Z 3� as O XCD = COD n `Dm� �Oomm� a m �. C$ c < m c Z6 3 c c - m m C4 CD a S o' m � yQ D N a 7 a y a a o (D/ ^ �d CD) H CTl rC d m o n' p (nD rn 3 D Z :/) a 3 S a N O y Q 0 m m m O O m C7 H i mw g a CD co y 171 m 3 m �rz 01 dd z o n A n O J N o 0 3 CD o m p N d CCD w w i a� CD 00 ❑ ❑ ❑ Q m C O as �o m 77 rn °' m m N D c x m m m c a Z �� o 3 m N o 3 m(n m 5 y N mN N 2 CD a0 O 4a �� m Q o ryw (rl� m❑❑ o— F O (D (D (D c0 N o a v N n c� --- CCD N N a 2 O �J G _ n m �i CD n (D C �` N (D N (D '. '\ C1 O 0 m (�D ❑ ❑ � N O (D , O a 0 a)n CD Cb p o m c a m m m -_Im ro a a m in P 277 56Z 319 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. uo not use Tor International mail see reverse Sent Street18 U \ Po Ofti��ce, State, & ZIP Code ' �$ Postage Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to Whom & d Roh vn.FtPh�1J. to W Da & e�ssee s Addr � T ,Postage � FPS lark or Date P 277 561 373 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. uo not use Tor International Mail see reverse SelZ \ Street Nu ber Post e, State, & ZIP Code / Postage $ Certified Fee Special Delivery Fee Restricted Delivery Fee rn rn Return Receipt Showing to Whom & Date Wt emd a Q Return Receipt, winglo Wham, Date, & Addre ee's Kddfess 0 TOTAL Poi ge Feed!' It l Y $co EPostmark or t,LL �� 00 rn a Is your RETURN ADDRESS completed on the reverse side? ng - m D° v A 3Z o n n <mm3N'aa m M Z 7 0< v v v 3 < iDim yo=mmm ,� a ODD a y3 ocw333� Z-LIn m m 0 w q Q �O 1� CO 9 �; CT7 C Cn y CDg.a io ° �' w w f�q �• O Cn CL = 7] �. n w O m (D 2 W t, O O 7� oc o n� yaN C1 ,nd �1 Cn (CD C O Z H om' g 0' w 7d t- o 3 3 m s JT. Cn m m 3 v < 2 n m ID 0 z Pd C aD m F y w C m o no m Rr Q 3 ID m o iJ IJ Pr j a 70 m m x 7p W (De n Cr w m n m c m (o �L o m c ^7° 3 m y fD 3 m (n CD � N (ap DAa o °i `m °—' m 3 CD C>V o m N° � w ° o CD n �7 (T Q �, y 3 a m z ° (D _ p� N 0 ❑ � CJ' (DCa v (D (D❑ ' p m n 50 o m a m `i CD y O v> ( CD (D m n (Dm m Q ma (D / y Thank you for using Return Receipt Service. Is your RETURN ADDRESS completed on the reverse side? w Q. �mD1w�.0° . mZD =0 a93to m"aw—vM D 3 cwDmmMf W n w my 0 w 1 N 9 m c 7 A w w n Cb a In � M ON En CD CL Q 0,a w o d 3 �� CD (((,/�� b Ln F-d trJ O 7 O C f H N N m ? -. Q y Q o m O f m g a O H Z 3? ° m 0 v < m �= H � m3 (Dm m m m o m 00 wm SD (D 3. o0. rH- H f� J m z m cn . T iA n 0 m - c 3 w H (Di m ° m nw n m w � c 2 m ❑❑❑ cr W nm m e m O j a]-�4 m X N CL w m n DQ O.Cn°NW m N3 m'CD N iD y CDay, y �Z Z. 20. w `Da �3 t7 CD o O 4 D cD m ^,-m � tv F) W 3 `a r �`' �? F ❑ f ❑ Cn m CD i `• , CDcu in.0 ro CL n iw ' t`' (D (gam Le CD 0 C O m m a � (D (Dm ci 0 0 C m z CD Q m N m E 0 LL U) a P IJ0 ?.83 591 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use r Intem tional Mail See reverse n o o ta 8��1`P Postage $ ; Certified Fee J Special Delivery Fee % J Restricted Delivery Fee Retum Receipt Showing to Whom & Dat Retum Rece Staff . YWx rn, Date, Ire ee's Ad�ess TOT sqe' Fees Pos or Date 4 O P 277 561 376 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Sent \ k \ V tv Street i <Iu bw Post s e,, C Iv �r w Postage $ Certified Fee Special Delivery Fee Restricted Delivery Fee Retum Receipt Showing to Whom & Date Delivered L Retum Receipt Stowing to Whom_, Date, & Addressee's Addres i TOTAL Poste t Postmark or -- )— �+vun LJJ ""'Ficivu ulI If IC reverse blue f a) W .. . .. M j�� >� ��0m O Xtj _C �m4rv=.00 ZDm3.�.a,a33Z C O /1` c CD m �3E Wo�mmm n a � a A m N N O Q 4 .-� r� m In ID m O w� a.� CD m b Cn In 0 m a a � m a. P. rfl ' ro V 7� O m m 0 ey-/ V Q z iy o, 0Q0 co a 3 m ,4T kO 3? ° o ~� / m w WaL w m � t~-' r' C m aM � m g M H H y m o b ao m v 3 o tTj m ;� p ty � w v m n7 co 00 v u u u A A Q a o�i o " Q a °i CD fn m x -o I° d Q lD m m c 3 ro m rn m , 3 m o 1 CD Z 0 a m tv m < CD C d e v O` n m_ 3 CD `4 a 1 O !-gym v / y N C 1 O y Ul y O CD N O f m ro v) y a m n 3 �. y n O y a CD 0 CD In m m 6— o D o CD CD � m CD in � m ,o. Q a a N Thank you for using Return Receipt Service Is your RETURN ADDRESS completed on the reverse side? Cn vI W ■ ■ IN ■ ■ ■ cn D c,- -,�m�ium. oom O Xu] n �Dm3.�a���Z O m n CD m o :6• o o cc m a3m ?c�mmm tom c m co n a D� o 333� w H J � m " Qj En tv ro o H a ,pa1 mO oO ID 3 y (t) co 2 CT] Z H trJ to ro �C O S$ p 0-5 m a ro o C:aCr ra �� W ` O CD H Cry H 0 m CD CL o 3 m a ACb_ r H 3 c " re In rn rn Q O O ao M 0 tL U) a P 277 561 369 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail See reverse Street J 1 ber P ' e, atate& Z;P C N Postage $ Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to Whom & Date Delivered Return Receipt Stowing Date, & Addressee's Br ss �16 i TOTAL Postage �s L Postmark or Dat P 277 561 370 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do rptVse for International Mail See reverse Sent 1 U. • I Sire u i. \ ST st Office, Stat , & ZIP Co y$ Postage Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to Whom & Date Delivered < ^> Return Receipt Showing to Whom, Date, & Addressee's Address TOTAL Postage & Fees $ ? �, L Postmark or Date 01 ` '0 800 9 dutnudS 301aoaa wnlaa buisn Jo; noA Nueyl i m v (D _> a) O a"CD U a) cc a) o Z y N U E E N L N .. 10 a) w f� cc V ( CL too m `„ U 4 o �-6 W a�i �: > p — E a� w F-• a) �c 0 a) 1 c U in v7 a) p y h N a) E -0 w m v E U)� x W¢ N U Q m c' v ❑ ❑ ElO y ) w -0 U CM O7 L w o () 0 W, = a W E .> oa o m m w W r N=0 u 0— m ° $ Z H w ) y d ca EL W � > --I H � o � E E 6-2 O r7 N a)m v o .2 PQ W N r, o o y ° o m 3 W H U) —1 co a) ` o a`) N C '0N Q 2 o a ° m° ti (Y O , m E �aID to C(/�� U Coves — C6 N ° ,G m _G to in (D mdcow �E 0 ¢ /1 y lF`%1\, T � Wma)o°j- m'� _ _ 3{�1 !h Onaa°�-a�cCa`) c0 E ZEEE-a2E.. wUUaa c�¢ �3a > r ¢ cC o a�i ) to x p W rn d '6 Lapls asJanaJ ayi uo p0401dwoo 993Iiat —V Nk 13H jnoA sl rn W 0 m 0 (D 3 m ca co A Is your RETURN ADDRESS completed on the reverse side? °) Ln y, ■ ■ ■ ■ ■ to )Cram D ,=,=oom 1m m m 3. z 7 ry - D in D D*?'<'0'0 am0-=o'--M m CL c DO 4 y . 9 yCD `fin `rd w n o m !�2 Cr] H Z H O 0 w m o c T d R. m a to 3 b c� pC Ln C7 _ ° $ . a a vJ O a L, ° m ? a f O0 < 00 x CT] m cn i00 3 y w C F— tv m�CD. o o o CD w (l d 7 w P w m ao m O c f m — m N R o CL a) w d d V ❑ El A am M n Q a O M x v M W p) 3 o H 7 CD _n m' m y o 3 m y 2 ° 3 CD (on COD N . R. 4 CL 1:2 90 if 0 iv '� y m 3 En c f o En M 6-` m v D m ro N. �m O � ° cD 0 n CL 1 9 o y m m m CD ❑p m (A m �'' o o m (n O y (D a 7 :: 4 0 m fD CD m m a a N P 277 561 383 OPostal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail See reverse eet umb r\\ P, st i�, State, & ZIP ode �aa V Postage Certified Fee Special Delivery Fee Restricted Delivery Fee LO m Return Receipt3 by ?q., Whom & Date, D06� d- `J a Retum Regent ing Iq Wfiom, .21 Uate, & ' - " 6 o Andress . O TOTAL�Pos ge & Fees i J.7 G1 r � M Postma orDr`e �'.'_ E o u- CD P 277 561 380 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. nh.not use for Internatipnal Mail (See reverse) Post ce, state, & ZIP Cede, G o I �p Postage $ Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to Whom & Date Delivere RetumReceipt Stawingto /) '• Date, & Addressee's Addy TOTAL Postagg & Fpes ` Postmark or Da — )\ PS Form =0. Aoril 1995 o CD M - rtJ d mg ti Gi CY�G m 17 /40� f V V r O d SENDER: o *c A N y w =' w om!4m ru (7 c 2 ti] Do< -% m -j 5 O to M Ln J CD I, 7 � G u.1 D nj C D D D :2 0) ■Complete items 1 and/or 2 for additional services. ■ Complete items 3, 4a, and 41b. I also wish to receive the ■ Print your name and address on the reverse of this form so that we can return this following services (for an card to you. v■Attach this form to the front of the mailpiece, or on the back permit if space does not F (D■Write'Return 1 • dcire$S�'s Address Receipt Requested' on the mailpiece below the article number. t ■The Return Receipt will show to whom the article Flestfl o delivered. was delivered and the date d Qelivery W ° 3. Article Addressed to: ! - ons I; ostma ter for fee. a IDopbe a PITKIN COUNTY Article I�� (� (, U a, ¢ 530 E. . MAIN ST . 4b. Service Typ9 �_ �(_ _E w SU1TE �� 302 ❑ R Registered f Certified °1 cc o ASPEN, CO. 81611 ❑ Express Mail ❑Insured °' S ❑ Return Receipt for Merchandise ID COD y a z 7. Date of Delivery $ 5. Recei d B Y_ (Pr_;r�t Name) 7- �'� g. Addressee's Address (Only if requested o' X and fee is paid) „ � 6. Si natu�ddreSSeB org9ent)� r F- PS Form 3811, December 1994 Domestic Return Receipt P 277 561 385 p 2'?7 561 US Postal Service Receipt for Certified Mail Ntnot�usEi Insurance Coverage Provided. for International Mail See rei Se Nu rce, State, A ZIP I C \ l Postage ` $ Certified Fee Special Delivery Fee Restricted Delivery Fee Retum Receipt Showing iu Whom & Date D &V r d c_ Rewm Rec Date, S Addr ess 0 TOTAL Postma to / G --� a US Postafice Receipt for Certified Mail No Insurance Coverage Provided. Uo not use for International Mail See reverse Se St r Pot rx, State, 3 ZIP C Postage $ Certified Fee Special Delivery Fee Restricted Delivery Fee uO m Retum Receipt Stowing to Whom 3 Date Delivered a Retum Receipt % wkg to Wtiom , Q Date, S Addr 's Address—.- TOTAL Postage & Fees - lor-gate Postma o \, EL iv Di j a 0 9 OTHELLO SK8 405 SOUTH MILL STREET ASPEN, COLORADO 81611 (970) 948-5752 June 6, 2001 ADDENDUM TO PROPOSAL FOR OTHELLO SK8 CONDITIONAL USE PERMIT I wish to propose that this Addendum be added to the proposal for Othello SK8 conditional use permit for my review with the Planning and Zoning Committee. I propose the following additions: i. I wish to use the indoor half pipe for kids to use between the hours of 8:00pm and 10:00pm, on Friday and Saturday nights only. Kids come into my shop after the skateboard park is closed and wish to use the pipe at night. 2. Only one child can be on the pipe at a time, there are usually ten to fifteen kids in my shop at night, the limit would be twenty. 3. There will be a DJ who will operate the sound system during the hours that half pipe is open. 4. The price for a season pass is $25.00. The price for a monthly pass is $10.00. The price for a day pass is $1.00. All of the above monies go towards the maintenance of the ramp. Respectfully bm'tted, OTHELLO J ` OTHELLO SK8 405 SOUTH MILL STREET ASPEN, COLORADO 81611 (970) 948-5752 June 6, 2001 ADDENDUM TO PROPOSAL FOR OTHELLO SK8 CONDITIONAL USE PERMIT • I wish to propose that this Addendum be added to the proposal for Othello SK8 conditional use permit for my review with the Planning and Zoning Committee. I propose the following additions: 1. I wish to use the indoor half pipe for kids to use between"the hours of 8:00pm and 10:00pm, on Friday and Saturday nights only. Kids come into my shop after the skateboard park is closed and wish to use the pipe at night. 2. Only one child can be on the pipe at a time, there are usually ten to fifteen kids in my shop at night, the limit would be twenty. 3. There will be a DJ who will operate the sound system during the hours that half pipe is open. 4. The price for a season pass is $25.00. The price for a monthly pass is•$10.00. The price for a day pass is $1.00. All of the above monies go towards the maintenance of the ramp. 5. 9-r-lT e-'4. (s tA Respec9CLAR Su itte , K • LAND USE APPLICATION !PROJECT: r Name: OTHELLO' S SK8 SHOP Location: 465 NORTH MILL STREET, ASPEN. COLORADO 81611 street address, lot & block number, legal description where APPLICANT: Name: OTHFI 1 n CT ARK Address: P.O. BOX 4912 ASPFN, rnT nRAnn 91 AI ? Phone #: (970) 948-5752 REPRESENTATIVE: Name: APPLICANT IS HIS OWN REPRESENTATIVE Address: Phone #: TYPE OF APPLICATION: (please check all that apply): Use Conceptual PUD Conceptual Historic Devt. ONonditional pecial Review Final PUD (& PUD Amendment) Final Historic Development ❑ Design Review Appeal Conceptual SPA Minor Historic Devt. GMQS Allotment Final SPA (& SPA Amendment) Historic Demolition GMQS Exemption Subdivision Historic Designation ❑ ESA - 8040 Greenline, Stream Margin. Hallam Lake Bluff, Subdivision Exemption (includes condominiumization) Small Lodge Conversion/ Expansion Mountain View Plane Lot Split Temporary Use Other: Lot Line .Adjustment Text/Map Amendment EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) PROPOSAL: (description of proposed buildings, uses, modifications, etc.) Have you attached the following? FEES DUE: $ Pre -Application Conference Summary Attachment 91, Signed Fee Agreement Response to Attachment #2, Dimensional Requirements Form Response to Attachment #3, Minimum Submission Contents Response to Attachment 44, Specific Submission Contents Response to Attachment #5, Review Standards for Your Application 0 County of Pitkin } AFFIDAVIT OF NOTICE PURSUANT } ss. TO ASPEN LAND USE REGULATIONS State of Colorado } SECTION 26.304.060(E) I , being or representing an Applicant to the City of Aspen, personally certify that I have complied with the public notice requirements pursuant to Section 26.304.060(E) of the Aspen Municipal Code in the following manner: l.\ -Bv mailing of notice, a copy of which is attached hereto, by first-class postage prepaid U.S. Mail to all owners of property within three hundred (300) feet of the subject property, as indicated on the attached list, on the day of , 200_ (which is _ days prior to the public hearing date of ). 2.�� By posting a sign in a conspicuous place on the subject property (as it could be seen from the nearest public way) and that the said sign was posted and visible continuously from the day of , 200, to the day of . 200_. (Must be posted for at least ten (10) full days before the hearing date). A photograp 6 posted sign is attached hereto. Cinnafiire� _ . (Attach photograph here) Signed before me thiQLi Nday of 2001. by WITNESS MY HAND AND OFFICIAL SEAL Jot mmission expires:Public City of Aspen VO1 Combined Sales Tax Sales Tax Administrator WBusiness License Applicati 130 South Galena Street and Business Occupation Tax Return Aspen Colorado 81611 Please Type or Print Clearly (970) 920-5029 E-MAIL: larrytrd;ci.aspen.co.us Name of Business: o .Ljjc�f) 3Kj 3hT Sales Ta PrimaryMailing Address: Location Address: 14toci Kj' N-& I l '' 1 Phone No. of Business: (97)U) 9 - 7 �Contact Il R-Gk alcs: � E-mail Address: � (L`�!4s P N o L • CoM. — Colorado Sales Tax License No: If applicable. State of Colorado Sales Tax Exempt Number: a N 9 I2. Addr To Which You Would Like Licenses Mailed: Ssame as Sales Tax Address Same as Location Address Other: Fax No.: ( ) Contact Phone: Web Page Address: If Being Applied For. Date? Frequency of Filing Aspen Sales Tax Returns: Monthly Quarterly Annual Other (Describe) !f more than S600 in taxable sales per month, you mus► file monthly. Will you also be collecting the Aspen 1% Lodging Tax on Short Tenn Rentals of Lodging? Yes _/No Nature of Business / Products Sold: SKgh,,bw.,,- ,S rt" > '1D w Type of Ownership: (check one) Sole Proprietorship Partnership Corporation LLC Other If you have a physical location in Aspen. Name of Trash Hauler: f:7- 1 (Required) Trash Containers Alust Be lEddlife Resistant Date That Business Started In Aspen. or Date of Purchase of Business: If Business Was Purchased. Name of Previous Business & Owner —T Names o ers. Partners. or Managers of the Business: a. ��0 4� - C'i1-;w I Title ' � p V. V2 b. Title C. Title If Retail. Please Estimate the Highest Monthly Taxable Retail Sales For Your Business $ 5 pbU Estimated Monthh, Average Full Time Employees (FTE's) of your Business: � (Include self, owners and partners, managers, etc ) Computation of Annual Business Occupation Tax Due to the City of Aspen For the Calendar Year. January 1 thru December 31, 2000: 0 - 5 Employees.......................................................................................................$150 Amount Paid: 6 - 15 Employees.....................................................................................................$200 16 - 49 Employees...................................................................................................$400 .00. 50 or More Employees.............................................................................................$750 LiquorLicense Holders............................................................................................$ -0- Not For Profit Groups .... (IRS Section 501(C).(3) Certificate Required) .................... $ -0- <— CONTINUED ON REVERSE SIDE 4 I declare under penalty of perjure tha is a li lion has be mi d e. and that the statements made herein are made in good faith pursuant to the Cite of en tax a lations red. to th b st o kno dge and belief. are true, correct and complete. SIGNATURE OF APPLICANT: t DATE: 3 Z 7 C PLEASE RETURN THIS A ICATION ALONG WITH YOUR REMITTANCE OF THE APPROPRIATE BUSINESS OCCUPATION TAXES, (AS CALUCULATED ON THE FRONT OF THIS APPLICATION), PAYABLE TO THE CITY OF ASPEN FOR CITY STAFF ONLY APPROVAL DATE ZONING — Community Developmew Floor of Cite Hall s 920-544l 1�}�ES LSN�T ENVIRONMENTAL HEALTH — Primarih for Food Handling and Hazardous Chemicals 2nd Floor of City Hall 920-5070 ENVIRONMENTAL RANGER — Approval Required for All Businesses Located In Aspen — Concerning Trash Collection 2°d Floor of Cite Hall (Environmental.Hlth.Dept) Brian Flynn 920-6011 or 920-5070 FIRE MARSHALL — Located in the Fire Dept. 925-2690 FINANCE DEPT — I" Floor of City Hall PaN Cashier the Appropriate Business Occupation Tax See Larn Thoreson for Issuance of License 920-5029 • I declare under penalty of perjun, tha is a lic' tion has Mib d b e, and that the statements made herein are made in good faith pursuant to the I of n tax a lations no kno • dge and belief, are true, correct and complete. SIGNATURE OF APPLICANT: DATE: 3z a PLEASE RETURN THIS VAPOICATION ALONG WITH YOUR REMITTANCE OF THE APPROPRIATE BUSINESS OCCUPATION TAXES, (AS CALUCULATED ON THE FRONT OF THIS APPLICATION), PAYABLE TO THE CITY OF ASPEN FOR CITY STAFF ONLY APPROVAL DATE ZONING - Conununit-v De\ elopmew 3`d Floor of Cite Hall 920-5441 1AM ES" L -LN 0T ENVIRONMENTAL HEALTH - Printaril\ for Food Handling and Hazardous Chemicals 2" d Floor of Cite Hall 920-5070 ENVIRONMENTAL RANGER - Approval Required for All Businesses Located In Aspen — Concerning Trash Collection 2"d Floor of Cite Hall (Environmental.Hit h.Dept) Brian Flynn 920-6011 or 920-5070 FIRE MARSHALL - Located in the Fire Dept. 925-2690 FINANCE DEPT - I"Floor of City Hall Pay Cashier the Appropriate Business Occupation Tax See Larn Thoreson for Issuance of License 920-5029 ATTACHMENT1 ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT City of Aspen Development Application Fee Policy The City of Aspen, pursuant to Ordinance 45 (Series of 1999), has established a fee structure for the processing of land use applications. A flat fee or deposit is collected for land use applications based on the type of application submitted. Referral fees for other City departments reviewing the application will also be collected when necessary. One check including the deposit for Planning and referral agency fees must be submitted with each land use application, made payable to the Aspen/Pitkin Community Development Department. Applications will not be accepted for processing without the required application fee. A flat fee is collected by Community Development for Administrative Approvals which normally take a minimal and predictable amount of staff time to process. The fee is not refundable. A deposit is collected by Community Development when more extensive staff review is required. as hours are likely to vary substantially from one application to another. Actual staff time spent will be charged against the deposit. Several different staff members may charge their time spent on the case in addition to the case planner. Staff time is logged to the case and staff can provide a summary report of hours spent at the applicant's request. After the deposit has been expended, the applicant will be billed monthly based on actual staff hours. Applicants may accrue and be billed additional expenses for a planner's time spent on the case following any hearing or approvals, up until the applicant applies for a building permit. Current billings must be paid within 30 days or processing of the application will be suspended. If an applicant has previously failed to pay application fees as required, no new or additional applications will be accepted for processing until the outstanding fees are paid. In no case will Building Permits be issued until all costs associated with case processing have been paid. When the case planner determines that the case is completed (whether approved or not approved), the case is considered closed and any remaining balance from the deposit will be refunded to the applicant. Applications which require a deposit must include an Agreement for Payment of Development Application Fees. The Agreement establishes the applicant as being responsible for payment of all costs associated with processing the application. The Agreement must be signed by the party responsible for payment and submitted with the application and fee in order for a land use case to be opened. The current complete fee schedule for land use applications is listed on the reverse side. • • 26.710.160 8. Minimum distance between principal and accessory buildings (feet): No requirement. 9. Percent of open space required for building site: 25. 10. External floor area ratio (applies to conforming and nonconforming lots of record): For detached residential dwellings and duplexes the external floor area ratio shall be the same as in the R6 zone district. All uses other than detached residential and duplex dwellings: 1:1; how- ever, the 1:1 external floor area ratio may be increased to 1.5:1 by special review pursuant to Chapter 26.430; however, if the external floor area ratio is increased by special review pursu- ant to Chapter 26.430, then sixty (60) percent of the additional floor area must be approved for residential use restricted to affordable housing. 26.710.160 Service/CommerciaVIndustrial (S/C/1). A. Purpose. The purpose of the Service/Commercial/Industrial (S/C/1) zone district is to allow for the use of land for the preservation or development of limited commercial and industrial uses which: may not be appropriate in other zone districts; do not require or generate high customer traffic volumes; are primarily oriented to the manufacturing, repair, storage, and servicing of con- sumer goods and have a limited office, showroom, retail, or customer reception area; and, to permit artist's studios as well as customary accessory uses, including affordable residential dwelling units accessory to permitted uses. B. Permitted uses. The following uses are permitted as of right in the Ser- vice/CommerciaVlndustrial (S/C/I) zone district. Except as noted below, each of the permitted uses may have, in combination, no more than 25% of its floor area devoted to retail sales, office, show- room, or customer reception. This floor area percentage may be increased through conditional use - view by the Commission. 1. Building materials, components, and equipment, fabrication, sales, rental, repair, and ser- vicing with up to 100% of the floor area devoted to office, showroom, retail, or customer reception use. 2. Automobile and motorcycle repair, servicing, and detailing. 3. Automobile and motorcycle parts sales with up to 100% of the floor area devoted to office, showroom, retail, or customer reception use. 4. Fabric and sewing supply with up to 100% of the floor area devoted to office, showroom, retail, or customer reception use. 5. Manufacturing, repair, alteration, tailoring, and servicing of consumer goods such as household appliances, electronic equipment, furniture, clothing, or sporting goods. 6. Building maintenance facility. 7. Typesetting and printing. 8. Commercial kitchen. 9. Design Studio. 10. Artist's Studio. 11. Rehearsal or teaching studio for the creative, performing, and/or martial arts with no public performances. 710-77 (Aspen aoo) 26.710.160 • 11 12. Locksmith. 13. Post office. 14. Animal grooming establishment. 15. Warehousing and storage. 16. Service yard accessory to a permitted use. 17. Home occupations. 18. Accessory buildings and uses. 19.Other similar uses considered appropriate as a permitted use by the Community Develop- ment Director, pursuant to Section 26.306 Interpretations, as amended. 20. Any use established prior to adoption of Ordinance 2, Series 1999, subject to the non- conforming use provisions of Section 26.312, as amended. C. Conditional Uses. The following uses are permitted as conditional uses in the Ser- vice/Commercial/ Industrial (S/C/I) zone district, subject to the standards and procedures estab- lished in Chapter 26.425. Except as noted below, each of the conditional uses may have, in combi- nation, no more than 25% of its floor area devoted to retail sales, office, showroom, or customer reception unless otherwise approved by the Commission. 1. Gas station. 2. Automobile and motorcycle sales, rental, or washing facility. 3. Sales and ren=nggggoods. goods such as household appliances, electronic equipment, furniture, clothing, o s 4. Consignment retail establishment for the second-hand sale of consumer goods such as household appliances, electronic equipment, furniture, clothing, or sporting goods with up to 100% of the floor area devoted to showroom, retail, or customer reception area. 5. Catalogue sales store. 6. Photo processing laboratory with no showroom, retail, or customer reception area. 7. Laundromat. 8. Commercial dry cleaning and laundry. 9. Recycling center. 10. Veterinary clinic. 11. Animal boarding facility. 12. Tattoo parlor. 13. Brewery and brewing supply. 14. Coffee roasting and supply. 15. A permitted or conditional use which demonstrates the need for, and appropriateness of, having, in combination, more than 25% of the floor area devoted to retail sales, office, showroom, or customer reception. 16. Studio, one (1) bedroom, or two (2) bedroom affordable residential dwelling unit(s) acces- sory to a permitted or approved conditional use, meeting the current net minimum livable square footage requirements for newly deed restricted affordable housing units (as defined by the As- pen/Pitkin County Housing Authority), located entirely above natural or finished grade, whichever is higher, and entirely above any non-residential use within the structure, deed restricted to afford- able housing guidelines for Categories 1, 2, or 3. (AM= 4M) 710-78 ASPEN/PITKIN COMMUNITY DEVELOPMENT 2000 LAND USE APPLICATION FEES CATEGORY HOURS DEPOSIT FLAT FEE Major 12 2,310.00 Minor 6 1,155.00 Staff Approvals 480.00 Flat Fee 265.00 Exempt HPC 65.00 Minor HPC 480.00 Significant HPC <1000 sq. ft. 1155.00 Significant HPC >1000 sq. ft. 2310.00 Demolition, Partial Demolition, Relocation 2310.00 Referral Fees - Environmental Health Major 330.00 Minor 170.00 Referral Fees - Housing Major 330.00 Minor 170.00 Referral Fees - City Engineer Major 330.00 Minor 170.00 Hourly Rate 195.00 ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and OTHET LO' S SxR SHOP (hereinafter APPLICANT) AGREE AS FOLLOWS: APPLICANT has submitted to CITY an application for rnNnTTTQNAT. TTSE PERMIT (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 45 (Series of 1999) 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 $ 500.00 which is for 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 By: Julie Ann Woods Community Development Director Mailing Address: POST OFFICE BOX 4912 ASPEN, COLORADO 81612 g:\support\forms\agrpavas.doc 12/27/99 ATTACHMENT 2 DIMENSIONAL REQUIREMENTS FORM , Project: OTHELLO' S SK8 SHOP VApplicant: OTHELLO CLARK ✓Location: 465 NORTH MILL STREET, ASPEN, COLORADO 81611 Zone District: Lot Size: Lot Area: (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the /' definition of Lot Area in the Municipal Code.) V Commercial net leasable: Existing: Proposed: Number of residential units: Existing: Proposed: Number of bedrooms: Existing: Proposed: Proposed % of demolition (Historic properties only): DIMENSIONS: Floor Area: Existing: Allowable: Proposed: Principal bldg. height: Existing: Allowable: Proposed. Access. bldg. height: Existing: Allowable: Proposed: On -Site parking: Existing: Required. _Proposed % Site coverage: Existing: Required: Proposed: % Open Space: Existing: Required: Proposed - Front Setback: Existing: Required- Proposed: Rear Setback: Existing: Required: Proposed.• Combined F/R: Existing: Required: Proposed: Side Setback: Existing: Required: Proposed: Side Setback: Existing: Required: Proposed: Combined Sides: Existing: Required: Proposed - Existing non -conformities or encroachments: Variations requested: ATTACHMENT 3 MINIMUM SUBMISSION CONTENTS 1. Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. 2. The street address and legal description of the parcel on which development is proposed to occur. A disclosure of ownership 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. 4. An 8 1/2" x I vicinity map locating the subject parcel within the City of Aspen. A site improvement survey including topography and vegetation showing the current status 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.) A site plan depicting the proposed layout and the project's physical relationship to the land and it's surroundings. 7. A written description of the proposal and a written explanation of how a proposed development complies with the review standards relevant to the development application. ATTAC&T #3 • Mr. James Lindth Aspen Planning Department 130 S. Galena St. Aspen CO 81611 James, As per our previous conversations, I have taken a moment to summarize the uses of my proposed Skateboard Rental and Repair shop. If there are any other issues that need clarification, do not hesitate to contact me. The shop is approximately 870 square feet in floor area, measuring roughly 49' by 17'-6". The main use of my shop will be the rental and repair of skateboards for the neighboring Skateboard Park. In addition to the skateboards themselves, I will also be renting helmets, elbow and knee pads. My intent always has been to provide visitors or the youth of aspen that do not yet own equipment, a chance to get into the park and try the sport for themselves. In addition to the rentals, a small portion of the shop will be devoted to retail, approximately 200 square feet. Part of being able to repair skateboards is having new items such as wheels, trucks, and boards for sale. I estimate that many riders will break a board or need new wheels throughout the course of the summer, and my shop will be in such close proximity that the riders can simply walk over. As many of you know, I also have my own clothing line and will be selling t-shirts, hats, and visors as promotional items for my shop within the 200 square foot retail space. I estimate that most of my business will be the rentals, the rest will be the sale of replacement items damaged in the park. In addition to the rentals, repairs and small retail corner, a half -pipe will be constructed in the back of the shop. In no way is this half -pipe intended for full time use. It is simply a way for unfamiliar riders to get comfortable on a ramp before entering the hustle and bustle of the large park. Also, riders from out of town who rent my equipment may want a few practice runs to get comfortable with the rented equipment before testing themselves on the 10' bowl. The ramp will also allow people to try out their replacement wheels or decks before purchasing them. Please keep in mind that the ramp will only be 30" high and will not be nearly as attractive to riders as the concrete park across the street. The shop will be fitted with some chairs and couches for riders to use while they are waiting to get fitted for pads or for their skateboards to be fixed. A television will be mounted in the corner to play skateboard videos. That will be both for my enjoyment as well as to inspire skateboard riders to learn new tricks. I hope this helps you and the planning staff understand my intended use of the Use It Again space. As stated before, please feel free to contact me if any other information or clarification is necessary. I can be reached at home at 544-3449 or on my cell at 948- 5752. Thank you for your time. Othello Clark • ATTACHEMNT 4 Specific Submission Contents Conditional Use Review A Conditional Use Application shall contain the following items: 1. A sketch plan of the site showing existing and proposed features which are relevant to the review of the conditional use application. see Attached. 2. If the application involves development of a new structure or expansion or exterior remodeling of an existing structure, proposed elevations of the structure. Not Applicable. 3. Written response to the review standards (attachment 5). see Attached. Insubstantial Amendment to Approved Conditional Use By Planning Director The request for Planning Director approval of an Insubstantial Amendment or Exemption shall contain the following items in addition to those above: 1. A written description of the existing conditions on the property which are requested to be altered via the amendment or exemption. Not Applicable 2. A listing of all previous development approvals granted to the property, with the approximate dates of said approvals. Not Applicable 3. A copy of any recorded documents which affect the proposed development, including but not limited to recorded plats, agreements and deed restrictions. If changes are proposed to said recorded documents, these should be "red -lined" onto a copy of the original document. Not Applicable ATTACHMENT #4, article 1 • a r•-I U +-J ca H z w U H E4 ai u co a U) a u �4 a to w 0 aJ w W U w cn w 0 z 0 F-I Ea a 1—I fy+ U W A a a w a �4 w •r1 � 3 a' a m s� v m c7 rn a m 41 00 C a � a w a v a U M w a •r•I 14 7 a CO �4 z a o m o' cn to of b U) rn G ro 00 00 m JJ N d a r+ w a ; , m ca o w v N 0 U) a :J a b w 0 0) -1 H m U) a' x m co 0 a rn a �+ co a ca co I u ­4 w r-I -W a rl > m cn on �4 a •� a 4J m •d �4 r+ a o m o ro 0 3 w 0 +1 a • �T S , a 1.+ 41 C a m r. w a) rn cad •ri q 0 O rO o aai cn w o a •r� �+ � a w a a m a cn w a' 41 cV a a •r-+ m co 44 a O •rl r--I O a bD I- 'C a U ro 00 [y .'d r-4. � O • 4 cn •r•1 cn ca a w •ri �C � cn a 0 a a oq A. p r m w cd 0 a o •r•+ ca 41 a ct d co c rl 41 b o" O O a m w w cn �4 0 •H m a a a $4 o �4 a m �4 0 ro m m w U) b U) m rd w cn m a o 4-) (n r1 U) 1 r ��w �m m .H m rl a a O O 0 • • • ATTACHMENT 5 Review Standards: Development of Conditional Use When considering a Development Application for a Conditional Use, the Commission shall consider whether all of the following standards are met. The application must include a written responce to each of these review standards. 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; and 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 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 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 E. The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use; and JF. 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. 0 • ATTACHMENT #5 In response to the requests on Attachment #5, Review Standards: Development or Conditional Use. A. The space is an existing sporting goods store. B. The surrounding spaces consist of a bicycle rental and accessories shop The space is in close proximity to the skateboard park C. There are no adverse effects according to the stipulations of this paragraph pertaining to Lhe shop. D. We comply with all of the stipulations in paragraph #D E. Not Applicable. F. The conditional use stipulates a sporting good shop under which category we fall as we are rental and sale of skateboard and skateboard accessories as outlined in the attached letter. Attachment 6 One Step Commission or Council Development Review Procedure 1. Attend pre -application conference. During this one-on-one meeting, staff will determine the review process which applies to your development proposal and will identify the materials necessary to review your application. 2. Submit Development Application. Based on your pre -application meeting, you should respond to the application package and submit the requested number of copies of the complete application and the appropriate processing fee to the Community Development Department. Depending upon the complexity of the development proposed, Staff may suggest submitting only one copy. This way any corrections that may be necessary can be accomplished before making additional copies 3. Determination of Completeness. Within five working days of the date of your submission, staff will review the application, and will notify you in writing whether the application is complete or if additional materials are required. Please be aware that the purpose of the completeness review is to determine whether or not the information you have submitted is adequate to review the request, and not whether the information is sufficient to obtain approval. 4. Staff Review of Development Application. Once your application is determined to be complete, a date for the Commission or Council review will be set. Applications are scheduled for review on the first available agenda given the requirements for public notice. During the staff review stage, the application will be referred to other agencies for comments. The Planner assigned to your case or the agency may contact you if additional information is needed or if problems are identified. The Planner will prepare a review memo which addresses the proposal's compliance with the Land Use Code and incorporates the referral comments. The planner will recommend approval, denial or tabling of the application and recommend appropriate conditions to this action. You will be called to pick up a copy of the memo and the agenda at the end of the week before your hearing, or we can mail it to you if you so request. During the period of staff review, it is essential that public notice be given, when required for your development application. The requirements for notice of your application are provided in Attachment 7. 5. Commission or Council Review of Development Application. Your project will be presented to the Commission or Council at a regularly scheduled meeting. The typical meeting includes a presentation by staff, a presentation by you or your representative, questions and comments by the review body and the public, and an action on the staff recommendation, unless additional information is requested by the review body. Final approval of any Development Application which amends a recorded document, such as a plat, agreement or deed restriction, will require the applicant to prepare an amended version of that document for review and approval by staff. Staff will provide the applicant with the applicable contents for the revised plat, while the City Attorney is normally in charge of the form for recorded agreements and deed restrictions. We suggest that you not go to the trouble or expense of preparing these documents until the staff has determined that your application is eligible for the requested amendment or exemption. 6. Receipt of Building Permit. Once you have received final approval of your development application, you may proceed to building permit review. During this time, your project will be examined for its compliance with the Uniform Building Codc. It will also be checked for compliance with applicable provisions of the Land Use Regulations which were not reviewed in detail during the one step review (this might include a check of floor area ratios, setbacks, parking, open space and the like). Fees for water, sewer, parks and employee housing will be collected if due. Any document required to be recorded, such as a plat, deed restriction or agreement, will need to be reviewed and recorded before a Building Permit is submitted. 1 stepsumm •• ATTACHMENT 7 Public Hearing Notice Requirements Three forms of notice are required by the Aspen Land Use Regulations: publication in the newspaper, posting of the property, and mailing to surrounding landowners. You can determine whether your application requires notice, and the type of notice it requires, from Table 1, which is attached to this summary. Following is a summary of the notice requirements, including identification of who is responsible for completing the notice. 1. Publication - Publication of notice in a paper of general circulation in the City of Aspen is to be done at least fifteen (15) days prior to the hearing. The legal notice will be written by the Community Development Department and we will place the notice in the paper within the appropriate deadline. 2. Posting - Posting of a sign in a conspicuous place on the property is to be done ten (10) days prior to the hearing. It is the applicant's responsibility to obtain a copy of the sign from the Community Development Department, to fill it in correctly and to bring proof to the hearing that posting took place (use attached affidavit). \3. Mailing - Mailing of notice is to be made to all owners of property within 300 feet of the subject development parcel by the applicant. It is the applicant's responsibility to obtain a copy of the notice from the Community Development Department, to mail it according to the following standards, and to bring proof to the hearing that the mailing took place (use attached affidavit). Standards for notice shall be as follows: 1. Any federal agency, state, county or municipal government service district or quasi governmental agency that owns property within 300 feet of the subject property must be mailed notice fifteen (15) days prior to the hearing. 2. All other landowners within 300 feet of the subject property must be mailed notice ten (10) days prior to the hearing, unless notice is given by hand delivery, in which case it must be sent five (5) days prior to the hearing. 3. Subdivision ap c tions only also require notice by registered mail to all surface owners, mineral owners and lessees of mineral owrios of the subject property. 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 public hearing. S6 \'\'�� C� , County of Pitkin } AFFIDAVIT OF NOTICE PURSUANT } ss. TO ASPEN LAND USE REGULATIONS State of Colorado } SECTION 26.304.060(E) 1. , being or representing an Applicant to the City of Aspen, personally certify that I have complied with the public notice requirements pursuant to Section 26.304.060(E) of the Aspen Municipal Code in the following manner: l.�*­By mailing of notice, a copy of which is attached hereto, by first-class postage prepaid U.S. Mail to all owners of property within three hundred (300) feet of the subject property, as indicated on the attached list, on the day of , 200, (which is _ days prior to the public hearing date of )• 2.0-� By posting a sign in a conspicuous place on the subject property (as it could be seen from the nearest public way) and that the said sign was posted and visible continuously from the day of , 200, to the day of , 200_ (Must be posted for at least ten (10) full days before the hearing date). A photograp posted gn is attached hereto. Signature � Attach photograph here Signed before me this .day of 200A_. by WITNESS MY HAND AND OFFICIAL SEAL ecc��Y RidRid p� n Rd Music Poa��O Juc��tn Tento d>✓ Gilles is St No aui�, a tl St (Gik h Fr ncisSt RedPupPx Brick :bson PDAn l AspenW-1 ill, (Highlighted area is enlarged on inset above.) N' Whits River c National Forest ATTACHMENT #3 r�/. Rd �.- Cieek �:sd` ° N� ^Wblte Rhror Na tionalHunter Cs Forest Not all roads may be shown or named on map or listed in street guide. Some roads may be private, proposed, or under construction. Maps by Chicago CartoGraphics 3 Spruce St ? t m y e ! 46(- t BL Brown Ln CW Cottonwood Ln <09 N CC Harold os rr °C Ay rF, o HR Herold Ross Ct gas j 1w, two KW Kathryns Way (' LS Luke Short Ct St o MC MayfowerCt o e MD Matchless or c ! MT Miners Trail Rd �i q, 4 / { RR Robinson Rd amp �� Qom` s WC Williams Ranch Ct lueen fan a WR Williams Ranch Or �5yo Rsoent t Ma cofta n P_k 9 ler Qrdve Rd _. U Is v L 01Ardmore Ct I �E� To Twin Lakes via Independence Pass (closed in winter) • • ATTACHMENT #3 1. OTHELLO'S SK8 SHOP OTHELLO CLARK P.O. BOX 4912 ASPEN, COLORADO 81612 I am my own representative 2. 465 NORTH MILL STREET ASPEN, COLORADO 81611 3. Not Applicable 4. See attached map 5. Not Applicable 6. Not Applicable 7. See attached letter • CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT LAND USE APPLICATION PACKET Included with this Land Use Application are the following attachments: 1. Development Application Fee Policy, Fee Schedule and Agreement for Payment Form 2. Dimensional Requirements Form 3. Description of Minimum Contents of Development Application 4. Description of Specific Contents for Submission of your Application. (may be more than one attachment depending on number of reviews required) 5. Copy of Review Standards for Your Application. (may be more than one attachment depending on number of reviews required) 6. General Summary of Your Application Process Public Hearing Notice Requirements Summary Affidavit of Notice Generally, to submit a complete application, you should fill in the application form and attach to it that written and/or mapped information identified in Attachments 2-5. Please note that all applications require responses to the review standards in attachment 5 for that particular development type. Also note that there may be more than one attachment 4 and 5, depending on the number of reviews required. You can determine if your application requires public notice to be given by reviewing Attachment 7 and Table 1. Table 1 will tell you if your application requires notice and in what form the notice should take place. We strongly encourage all applicants to hold a pre -application conference with a Planner in the Community Development Department so that the requirements for submitting a complete application can be fully described. Also, depending upon the complexity of the development proposed, submitting one copy of the development application to the Case Planner to determine accuracy, insufficiecies, or redundancies can reduce the overall cost of materials and Staff time. Please recognize that review of these materials does not substitute for a complete review of the Aspen Land Use Regulations. While this application package attempts to summarize the key provisions of the Code as they apply to your type of development, it cannot possibly replicate the detail or the scope of the Code. If you have questions which are not answered by the materials in this package, we suggest that you contact the staff member assigned to your case or consult the applicable sections of the Aspen Land Use Regulations. • TABLE 1 0 SUMI MARY OF PUBLIC HEARING NOTICE PROCEDURES APPLICATION TYPE PUBLIC HEARING REQUIRED? BY WHOM FORM OF NOTICE I CONDITIONAL USE REVIEW Y P&Z 2,3 ESA REVIEW (8040 Greenline, Stream Margin, Mountain View Plane, Hallam Lake Bluff) N GMQS ALLOTMENT Y GMC 1,2.3 GMQS EXEMPTIONZ Y By GMC 1 By Council GMC - 1 Council - 1 HISTORIC DEVELOPMENT Conceptual Development Y HPC 1,2,3 Final Development N Minor Development N Historic Demolition Y HPC 1,27 3 Historic Designation Y HPC, P&Z & Counci13 HPC - 1,2.3 P&Z - 1,23 Council - 1,2,3 Historic Lot Split Y HPC 1,23 MAP AMENDMENTS Y P&Z & Council3 P&Z - 1,2,3 Council - 1,23 PUD - CONCEPTUAL Y Council' 1,23 PUD - FINAL (and PUD Amendment) Y P&Z 1,2.3 SPA - CONCEPTUAL Y Council' 1.2,3 SPA - FINAL (and SPA Amendment) Y P&Z 1,23 SUBDIVISION Y P&Z & Council3 P&Z - 1,2,3 Council - 1,2.3 SUBDIVISION EXEMPTIONS Condominium ization N Lot Split Y Council 1,2,3 Lot Line Adjustment N SPECIAL REVIEW ADU Design Standrads N Y P&Z 2,3 TEXT AMENDMENTS Y P&Z & Council3 P&Z - 1 Council - 1 TEMPORARY USES Y Council4 1,23 VESTED PROPERTY RIGHTS Y Council 1,23 I Numbers refer to the following: 1 = Publication in newspaper 2 = Posting of property 3 = Mailing to surrounding landowners 2 See Subdivision Exemptions for Lot Splits 3 Public Hearing occurs at second reading of the Ordinance by Council. 4 Adopted by Resolution, only one hearing required, which is a public hearing. • TABLE 1 0 SUMMARY OF PUBLIC HEARING NOTICE PROCEDURES APPLICATION TYPE PUBLIC HEARING REQUIRED? BY WHOM FORM OF NOTICEI CONDITIONAL USE REVIEW Y P&Z 2.3 ESA REVIEW (8040 Greenline, Stream Margin, Mountain View Plane, Hallam Lake Bluff) N GMQS ALLOTMENT Y GMC 1,2.3 GMQS EXEMPTION Y By GMC 1 By Council GMC 1 Council - 1 HISTORIC DEVELOPMENT Conceptual Development Y HPC 1,2.3 Final Development N Minor Development N Historic Demolition Y HPC 1,23 Historic Designation Y HPC, P&Z & Council3 HPC - 1,2.3 P&Z - 1,23 Council - 1,2,3 Historic Lot Split Y HPC 1,2.3 MAP AMENDMENTS Y P&Z & Council3 P&Z - 1,2,3 Council - 1,2,3 PUD - CONCEPTUAL Y Council' 1,23) PUD - FINAL (and PUD Amendment) ly' P&Z SPA - CONCEPTUAL Y Council' 1,2.3 SPA - FINAL (and SPA Amendment) Y P&Z 1,2.3 SUBDIVISION Y P&Z & Council3 P&Z - 1,2,3 Council - 1,2,3 SUBDIVISION EXEMPTIONS Condom iniumization N Lot Split Y Council 1,23 Lot Line Adjustment N SPECIAL REVIEW ADU Design Standrads N Y P&Z 2,3 TEXT AMENDMENTS Y P&Z & Council3 P&Z - 1 Council - 1 TEMPORARY USES Y Council4 1,23 VESTED PROPERTY RIGHTS Y Council-3 1,2,3 I Numbers refer to the following: 1 = Publication in newspaper 2 = Posting of property 3 = Mailing to surrounding landowners 2 See Subdivision Exemptions for Lot Splits 3 Public Hearing occurs at second reading of the Ordinance by Council. 4 Adopted by Resolution, only one hearing required, which is a public hearing. 0 Attachment #4 Mr. James Lindth Aspen Planning Department 130 S. Galena St. Aspen CO 81611 James, As per our previous conversations, I have taken a moment to summarize the uses of my proposed Skateboard Rental and Repair shop. If there are any other issues that need clarification, do not hesitate to contact me. The shop is approximately 870 square feet in floor area, measuring roughly 49' by 17'-6". The main use of my shop will be the rental and repair of skateboards for the neighboring Skateboard Park. In addition to the skateboards themselves, I will also be renting helmets, elbow and knee pads. My intent always has been to provide visitors or the youth of aspen that do not yet own equipment, a chance to get into the park and try the sport for themselves. In addition to the rentals, a small portion of the shop will be devoted to retail, approximately 200 square feet. Part of being able to repair skateboards is having new items such as wheels, trucks, and boards for sale. I estimate that many riders will break a board or need new wheels throughout the course of the summer, and my shop will be in such close proximity that the riders can simply walk over. As many of you know, I also have my own clothing line and will be selling t-shirts, hats, and visors as promotional items for my shop within the 200 square foot retail space. I estimate that most of my business will be the rentals, the rest will be the sale of replacement items damaged in the park. In addition to the rentals, repairs and small retail corner, a half -pipe will be constructed in the back of the shop. In no way is this half -pipe intended for full time use. It is simply a way for unfamiliar riders to get comfortable on a ramp before entering the hustle and bustle of the large park. Also, riders from out of town who rent my equipment may want a few practice runs to get comfortable with the rented equipment before testing themselves on the 10' bowl. The ramp will also allow people to try out their replacement wheels or decks before purchasing them. Please keep in mind that the ramp will only be 30" high and will not be nearly as attractive to riders as the concrete park across the street. The shop will be fitted with some chairs and couches for riders to use while they are waiting to get fitted for pads or for their skateboards to be fixed. A television will be mounted in the corner to play skateboard videos. That will be both for my enjoyment as well as to inspire skateboard riders to learn new tricks. I hope this helps you and the planning staff understand my intended use of the Use It Again space. As stated before, please feel free to contact me if any other information or clarification is necessary. I can be reached at home at 544-3449 or on my cell at 948- 5752. Thank you for your time. Othello Clark ATTACHMENT #5 PARAGRAPH #0 Mr. James Lindth Aspen Planning Department 130 S. Galena St. Aspen CO 81611 James, As per our previous conversations, I have taken a moment to summarize the uses of my proposed Skateboard Rental and Repair shop. If there are any other issues that need clarification, do not hesitate to contact me. The shop is approximately 870 square feet in floor area, measuring roughly 49' by 17'-6". The main use of my shop will be the rental and repair of skateboards for the neighboring Skateboard Park. In addition to the skateboards themselves, I will also be renting helmets, elbow and knee pads. My intent always has been to provide visitors or the youth of aspen that do not yet own equipment, a chance to get into the park and try the sport for themselves. In addition to the rentals, a small portion of the shop will be devoted to retail, approximately 200 square feet. Part of being able to repair skateboards is having new items such as wheels, trucks, and boards for sale. I estimate that many riders will break a board or need new wheels throughout the course of the summer, and my shop will be in such close proximity that the riders can simply walk over. As many of you know, I also have my own clothing line and will be selling t-shirts, hats, and visors as promotional items for my shop within the 200 square foot retail space. I estimate that most of my business will be the rentals, the rest will be the sale of replacement items damaged in the park. In addition to the rentals, repairs and small retail corner, a half -pipe will be constructed in the back of the shop. In no way is this half -pipe intended for full time use. It is simply a way for unfamiliar riders to get comfortable on a ramp before entering the hustle and bustle of the large park. Also, riders from out of town who rent my equipment may want a few practice runs to get comfortable with the rented equipment before testing themselves on the 10' bowl. The ramp will also allow people to try out their replacement wheels or decks before purchasing them. Please keep in mind that the ramp will only be 30" high and will not be nearly as attractive to riders as the concrete park across the street. The shop will be fitted with some chairs and couches for riders to use while they are waiting to get fitted for pads or for their skateboards to be fixed. A television will be mounted in the corner to play skateboard videos. That will be both for my enjoyment as well as to inspire skateboard riders to learn new tricks. I hope this helps you and the planning staff understand my intended use of the Use It Again space. As stated before, please feel free to contact me if any other information or clarification is necessary. I can be reached at home at 544-3449 or on my cell at 948- 5752. Thank you for your time. Othello Clark