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Home My WebLink Aboutcoa.lu.tu.305 S Mill St.0098.2016.ASLU0098-2016-ASLU 305.7 S MILL ST TEMP USE GREY LADY C& VN d v 0 0 PATH: G/DRIVE /ADMINISTRATIVE/ADMIN/LANDUSE CASE DOCS C] THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER PROJECT ADDRESS PARCEL ID PLANNER CASE DESCRIPTION REPRESENTATIVE DATE OF FINAL ACTION 0098. 2016.ASLU 305 — 7 S. MILL ST 2737 182 170 04 SARA NADOLNY TEMP USE — GREY LADY FORUM PHI 12. 12.2017 CLOSED BY ANGIE SCOREY 6.30.17 0 0 Rep_ular Meeting Aspen City Council December 12, 2016 ORDINANCE NO 40 SERIES OF 2016 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING TITLE 8 OF THE ASPEN MUNICIPAL CODE BY ADOPTING 2016 EDITIONS OF CERTAIN INTERNATIONAL BUILDING CODES. Councilman Mullins moved to adopt Ordinance #40, Series of 2016 on first reading; seconded by Councilman Myrin. Roll call vote. Councilmembers Myrin, yes; Mullins, yes; Daily, yes; Frisch, yes; Mayor Skadron, yes. Motion carried. RESOLUTION #176, SERIES OF 2016 — Grey Lady Restaurant — Temporary Use Request Sara Nadolny, community development, submitted Exhibit F — a letter and signatures from Grey Lady. She told the Council this is a temporary use request for 60 days, December 23 through February 20. The property is located in the historic zone and the request is for an air lock at the front door and a tent structure over the existing trellis with roll down sides. It is made from canvas and plastic materials. The tent has had approval for a portion of the winter season since 2014. It is heated and extends the seating for the restaurant. This is the first request for the airlock. Staff does not support, nor have they ever supported the request. Staff and council have both asked the applicant to seek out a more permanent structure. Code changes make this subject to growth management. It does not meet commercial guidelines. If the request is approved it is subject to $1,800 in growth management fees. She referenced the letter from Wheeler Square condo association in opposition. Both structures are requested to offset seasonal inconsistencies in doing business in Aspen. Council may wish to consider a 7 to 10 day approval. Staff is not in support of the application. Ryan Chadwick, applicant, said he understands Staff position of the cover not fitting in with the fabric of town. We pay for the space and would like to use it. Last year we had it up for 10 days and made it look as festive as possible. Ian Perry, applicant, said we don't look forward to coming back here every year and asking for this. We can't make it more permanent because Mark has plans in for the building. The reason we are here is because this is our only course of action. We are exactly what you are trying to protect as young mom and pop entrepreneurs. This is the only thing we can do to utilize the space we have. The first year we were profitable, the last year we were stagnant. Councilman Myrin said the criteria and staff findings are consistent. Page 1166 #D — previously approved, alternative motion staff is supporting is a shorter time. Ms. Nadolny replied 7 to 10 days. Councilman Myrin said what we were thinking from the work session was not with tents but like what the Jerome has. Councilman Frisch said do we not have a general policy around airlocks. Jessica Garrow, community development, said temporary airlocks are prohibited. There are a number that were grandfathered in. The code has been updated to exempt 100 square feet for an add on feature. Councilman Frisch asked what does integrated mean. Ms. Garrow said brick and mortar. This is where the code gives you free floor area to do it. It encourages energy efficiency to do it. Councilman Frisch asked what is the stumbling block for this one. Historic core and add on. Ms. Garrow replied correct. Councilman Frisch stated he has said in the past I'm ok with a trial period of tent week with the holiday season 7,10, 14 days. A couple months gets into a sticky situation. Airlocks I think it should be the same rules for every restaurant in the same zone. If the view is they are just not worth it from an esthetic stand point. I'm happy to go to a couple weeks. They are two separate issues. Mr. Chadwick said we can take the airlock off the table. Councilwoman Mullins said it is hard for you guys. At the work session I was very supportive of the 7 to 10 days. Can it be extended. Ms. Nadolny stated it can be extended another 10 days. Councilwoman Mullins said the approval period should be 10 to capture both holidays. You might want to rethink the 0 0 Resular Meeting Aspen City Council December 12, 2016 wedding invitation. It is unattractive and downtown. If you can utilize that space for diners you should. The airlock, no way. That building is one of the most interesting we have and an airlock destroys it. Councilman Myrin said as written the resolution has the air lock and affordable housing and the longer time. Eliminate the air lock and correct the affordable housing mitigation. Councilman Daily said he supports up to 14 days and no air lock. Mayor Skadron said we can't support a request because we like it or don't. I have supported you in the past. He does not think the project is detrimental to the future of Aspen. The struggle I'm having is how it satisfies the criteria. Mayor Skadron said what i need are criteria. Protecting the historic district with a lively corner where the snow piles up. Ms. Garrow said this is public amenity space they can use umbrellas and heaters and use it like Council said in November. Mayor Skadron said the motion would be to amend the resolution for 14 consecutive days for the winter 2016-2017 season, update the mitigation rate and no airlock. Councilman Myrin said for Criteria D, previous approvals and unique space. He would add 2017 to the motion. Mr. True suggested to keep it for just this year. Councilman Daily moved to adopt Resolution #176, Series of 2016 with amendments; seconded by Councilman Myrin. All in favor, motion carried. RESOLUTION #177, SERIES OF 2016 — Sky Hotel/39 Degrees — Temporary Use Ms. Nadolny stated this is a temporary use request for two tents at the Sky Hotel for 35 days. It is an extension of 39 degrees at the rear of the hotel over the pool's patio. They will have roll down sides and be heated. The property is located in the lodge zone district and adjacent to the Little Nell and several residential buildings. Staff is concerned with impacts on the surrounding neighborhood. The canvas tents are unlikely to contain noise. She submitted a letter as exhibit E. The affordable housing mitigation fees are $4,833. Staff is not supportive of 35 days. The burden of noise is shifted to the neighbors. Staff is supportive of a 7 to 10 day request. Tony Gerback, applicant said he took over the lounge in June. He has been working very closely with John at the Aspen Alps. The tent for 35 days is to corral the pool deck. Gay ski week and X games will be huge. This will be a great utilization of the space and relieve some of the tension in the bar and lobby. The relationship with the Alps has improved significantly. Councilwoman Mullins asked what are the dates of gay ski week and X games. Mr. Gerback replied the 161 and following week. Councilwoman Mullins said to be consistent she would approve the 7 days with the 7 day renewal. It is good to have breathing space in town. The Sky has a great patio. It is private space but you perceive it as public. She wants to avoid all these open spaces being tented over. She would support the 10 to 14 days. Councilman Myrin said he is concerned about the tenting of Aspen. The St. Regis gets filled. Beyond the short term he is not supportive. Councilman Daily said he supports Ann's recommendation. Councilman Frisch said he talked about tent week not month. The 10 or 14 day thing works for me. He is happy to let the applicant chose what 14 days they want to use. Mayor Skadron said he concurs. Council agrees to 14 days. Ms. Garrow said they are fine with not consecutive. During the 2016-2017 winter season. Councilman Myrin has a question on the logistics of 0 • RESOLUTION NO. 176 (SERIES OF 2016) A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL APPROVING A TEMPORARY USE OF TENT AND AIRLOCK STRUCTURE AT 305-7 S. MILL STREET, ASPEN COMMERCIAL CONDOMINIUMS UNIT A AND COMMON AREA, BLOCK 19, CITY AND TOWNSITE OF ASPEN, COLORADO. Parcel ID:273718217004 WHEREAS, the Community Development Department received an application from 305-7 Mill St. LLC, with Ryan Chadwick as the representative, requesting Temporary Use approval to maintain a plastic and canvas tent structure covering the trellis over the public amenity space at the north end of the existing commercial building and a plastic and canvas airlock at the building's front entryway on Mill St. from December 23, 2016 through February 20, 2017; and, WHEREAS, pursuant to Chapter 26.450.050 of the Land Use Code, City Council may grant a temporary use approval for up to 180 days; and WHEREAS, the City Council reviewed the application and considered the Temporary Use 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; and, WHEREAS, the City Council does not approve the airlock, but does approve the use of the tent structure; and, WHEREAS, the City Council finds that the request for the extended temporary use proposal to be in excess of the applicable development standards associated with the request, and has amended the approval to allow for a temporary use for fourteen (14) days; and, WHEREAS, the 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 COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section : Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council hereby approves a Temporary Use request to allow the erection of a plastic and canvas tent on the subject site, over the existing trellis, measuring approximately 500 sq. ft., for a period of fourteen (14) days. The fourteen days are not required to be used consecutively, but must be used during the 2016/2017 winter season. Set up and removal of the tent structures will count towards the fourteen -day allotment. The proposed airlock was not approved. • 0 Section 2: "Temporary structures that are approved on a site for a period greater than seven (7) days are subject.to growth management review, resulting in affordable housing mitigation. For the fourteen -day approval, the applicant is required to provide housing mitigation for seven (7) days. Staff has calculated the amount of affordable housing due for this site as $201.07. The methodology is as follows: Variables: • Size of structures: Tent is estimated at 500 sq. ft. • Employee generation is calculated by FTEs per 1,000 sq. ft. of net leasable space • Employees generated per 1,000 of net leasable space in CC zone district = 4.7 • Mitigation for new commercial space is required at a Category 4 level, which is $223,072/FTE • Mitigation is required at 60% of the FTEs generated • Structures will be on -site for 60 days Methodology: • 500 sq. ft. / 1000 sq. ft. = .5 sq. ft. • .5 sq. ft. x 4.7 FTEs = 2.35 FTEs generated • 2.35 FTEs x 60% = 1.41 FTEs to be mitigated if structures are in use 100% of year • 1.41 FTEs / 365 days per year = .003863 daily rate • 1 003 863 x 7 days = .027041 FTEs • .027041 x $223,072 = $6,032.09 Assuming 30 year buildinglife ife span: • $6,032.09/ 30 years = $201.07 due for mitigation of the structures for a period of 7 days. This fee must be paid prior to the placement of the structures on the site. Staff requires verification of the size of the structures prior to payment. Section 3• Staff requires verification from the Aspen Fire Department that the structure meets all necessary safety requirements. Section 4• All material representations and commitments made by the Applicant pursuant to the temporary use proposal 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 5• This resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such N • • prior ordinances. Section : If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED BY the City Council of the City of Aspen on this 12th day of December, 2016. Approved as to form: ld"gmes R. True, City Attorney • • FO;h�E F 305 S. Mill St Aspen, CO F Mail: greyladyaspen@gmail.com web: m%w.greyladyaspen.com 12/08/16 Hello Neighbors & Friends — We are looking for support this year as we go infront of City Council with our request to cover our outdoor trellis for a portion of the winter season. The design will be the same as previous years and not interfere with the downtown core look and feel. Thank you, Ryan Chadwick & Ian Perry By signing below, I am showing my support for the Grey Lady Restaurant's Temporary Structure request for a custom fabric outfitting on the already exisiting trellis for the dates of December 23`d 2016 — February 201h 2017. NAME: ADDRESS: '60LJrccv 116 F r < - ! ,"l v.v- C{ SIGNATURE: 5 a spa, c,-j vc, &St oU-C iu k�p AA1 co� t3lour S'asKla Me alhcv i�a3 TI-0-0c 0 �l W,-spin , C. o qy k w •\t011 larva Asyco , co Siu 11 (o f 1_4_0�tt ltA-p— CC( oY-z&-do ( `i)xv-\ k\ -k E� . �-o a r AV 06 (( r Q'L W, P \%-� Vl (o o f- ce, bv/,- la'is(um�s-�- E r� JO � (�� ✓r l �fG� bra l' �t✓✓i�"� i ttr� C-41nA I o 1 cc E. Pp�wc, � A,.S?t.O'N, c e iG 1 Ay-, J 16,E C-" 4-,v �& . `�570_^ (t� Z/( �/ (oII � E Ny (,-ar,, �'1, /" I L frC--I � /-a 2C( 1/¢ I Aj Hyr►,wn igve, Ash) co 8I GlI i!� eur�6�61��1 yo cc� AV-( 50V yV, S'f �t,-"j -3�� I `-1 Q0 i3ax �s-pe►� a l G �Z Imo. k 1 oc C, 4S,P, Uc t 1 e ate,, 2..1[p (( A4�L 4,b3 Ca�K�'�� )CcD 4/� Jo Al ? bo 1 Z) o I /Vl a►'k-'eA-- AEI Z? olVCP CC) sb 5 ��h�1 Ilia. r �. Cod? � MEMORANDUM TO: Mayor Skadron and Aspen City Council FROM: Sara Nadolny, Planner THRU: Jessica Garrow, Community Development Director RE: Temporary Use Request — Grey Lady Restaurant, 305 S. Mill St., Resolution No. 176, Series of 2016 MEETING DATE: December 12, 2016 APPLICANT: 305-7 Mill St LLC, 2001 N. Halsted #304, Chicago, IL 60614 REPRESENTATIVE: Ryan Chadwick LOCATION: 305 S. Mill St. CURRENT ZONING: Commercial Core SUMMARY: The applicant is seeking temporary use approval for two provisional structures at the Grey Lady restaurant: 1) a plastic/canvas tent proposed over the site's public amenity space, and 2) a matching plastic/canvas airlock proposed at the restaurant's main entrance on the Mill St. pedestrian way. Temporary use approval is requested from December 23, 2016 through February 20, 2017 — a total of sixty (60) days. STAFF RECOMMENDATION: Staff is recommending the City Council deny the applicant's request for a sixty (60) day temporary use approval. Staff finds the structures to be out of character with the historic CC zone district and does not wish to encourage structures constructed of such impermanent materials for such a length of time. Alternatively, City Council may consider granting a shorter ten (10) day approval, beginning on December 24th and ending on January 2na, in accordance with direction from the Council work session on November 11, 2016. Figure A: Image of subject site w/tent from prior year's approval REQUEST OF CITY COUNCIL: The applicant is requesting Temporary Use approval related to two temporary structures in accordance with Chapter 26.450 of the Land Use Code for a period of sixty (60) days. The Code allows City Council to grant temporary use approval for up to 180 consecutive days within a calendar year. City Council is the final review authority. 305 S. Mill St. / Temporary Use City Council Hearing — December 12, 2016 Page 1 of 4 E • LOCATION/BACKGROUND: The subject site is located within the historic Commercial Core zone district, at the corner of the Mill Street pedestrian mall and E. Hyman Avenue. The applicant has requested and received temporary use approval for the tent on this site during the 2014 - 2015 winter season and again in during the 2015 — 2016 holiday season. This is the first request by the applicant for the airlock structure. The history of requests is as follows. • In 2013 City Council granted a former restaurant owner of the subject location seasonal temporary use approval for a temporary custom fabric airlock from January through March of the same year. At Staff s recommendation Council granted this as a one-time approval, and directed the applicant to find a permanent solution for future needs. • In December 2014, Staff approved a seven-day tent permit for the site. The tent was erected over the trellis, covering the site's public amenity space, and was fully -enclosed with roll -down walls. After the tent was not removed the matter was directed to Council for review. • In January, 2015 Council granted the applicant temporary seasonal approval for the tent to be erected on -site through April 15t' of the same year. At the hearing Council was clear that this was a one-time approval and that the Applicant should not return to renew this request. • In October, 2015 City Council denied the applicant's request to erect this tent on the site for the duration of the winter season. Council was concerned with the tent's use of plastic and canvas materials and questioned the temporary nature of a structure that kept reappearing seasonally. • In December of 2015 City Council granted the applicant an 11-day temporary use approval (December 24, 2015- through January 3, 2016) to erect the tent over the site's public amenity space. CURRENT REQUEST: on the subject site for a period of sixty (60) days — beginning December 23, 2016 through February 20, 2017. The structures include a canvas and plastic tent structure (Figure B) that has been The applicant is requesting temporary use approval to erect two structures 305 S. Mill St. / Temporary Use City Council Hearing — December 12, 2016 Page 2 of 4 • 0 erected over the site's trellis/public amenity space for some period of time during the past two years, and an external airlock (Figure C), created from the same canvas and plastic materials, to be added to the front entryway of the building's Mill St. fagade. 84' tall door Figure C: Proposed airlock to be added to restaurant's Mill St. entrance. The applicant states the tented area may be utilized by the general public during the restaurant's non -operating hours, indicating the space will be heated and the public may use it to warm up as needed. STAFF FINDINGS: In 2015 City Council approved changes to Chapter 26.470 — Growth Management Quota System (GMQS) of the Land Use Code which impacted temporary use requests. According to the updated Code, temporary airlocks and structures that are requested for more than seven consecutive days per calendar year are subject to Commercial Design and Growth Management reviews, as well as the criteria associated with Temporary Use requests. Staff has reviewed the applicant's request against the relevant review criteria and finds the following. Commercial Design Review. The subject site is located in the Commercial Core Historic District, and is therefore subject to the applicable guidelines (Exhibit B, Staff Findings). The guidelines call for high quality, durable materials. Structures are expected to convey the quality of materials seen historically. The materials proposed for the structures (canvas and plastic) do not reflect those traditionally found in the historic Commercial Core zone district, and are not of the quality expected within the district. For years the Code has disallowed the use of fabric and plastic "add-ons" such as tents and airlocks, and the applicant has been repeatedly directed by Staff and Council to find a more permanent solution with a design that is compatible with and sensitive to the Commercial Core Historic District. The Grey Lady restaurant is located on in an area with both high vehicular and pedestrian traffic. With its high visibility Staff feels that any modifications to the primary structure should be fashioned to better reflect the materials, design, and overall architectural vernacular of the historic downtown core. Growth Management. Affordable housing mitigation is calculated based on the floor area of the structures and the amount of days the structures will be on -site. The applicant has indicated 305 S. Mill St. / Temporary Use City Council Hearing — December 12, 2016 Page 3 of 4 0 • the tent measures 25'x 20', or 500 sq. ft, and the airlock measures approximately 7.17'x 5', or 35.85 sq. ft. Therefore, the applicant is required to provide mitigation for 535.85 sq. ft. of net leasable floor area for sixty (60) days of the year, reduced by assuming a 30-year life span of the building. The methodology can be found in Exhibit C to this memo. The applicant will be required to pay $1,858.93 for the structures to be on -site for a period of 60 days. The applicant is required to verify the size of the structures prior to payment. Temporary Use. Temporary use approval is based in part on consideration of the number of times the use has been requested previously. This is the third year that the applicant is requesting the tent, and the first year for the airlock. Council has reviewed an airlock at this location in 2013, while the restaurant was under different ownership. Council approved the request, but directed the then -applicant to find a permanent solution. Likewise, Council in the past has directed the current applicant to find a permanent solution for the extended seating area provided by the tent structure. Both structures are requested to off -set inconveniences caused by the winter weather in Aspen. The winters are similar each year in that they bring cold weather. The applicant should be aware of this condition and explore permanent solutions that will help to alleviate the inconvenience to his patrons that is caused each winter season. STAFF RECOMMENDATION: Staff recommends denial of the applicant's temporary use request, finding that the request does not meet the review criteria for Temporary Use or for Commercial Design. Alternatively, based on Council's November 11, 2016 work session regarding temporary structures, Council may choose to approved the applicant's temporary use request for the upcoming holidays, a ten (10) day period starting on December 24, 2016 and ending on January 2, 2017. Affordable housing mitigation will be calculated for the three days (over the seven) that is subject to growth management review. PROPOSED MOTION (WORDED IN THE AFFIRMATIVE): "I move to approve Resolution #176 Series of 2016 to allow the erection of a canvas/plastic tent over the public amenity space, and a canvas/plastic airlock at the primary entrance at 305 S. Mill St. from December 23, 2016 through February 20, 2017. ALTERNATE MOTION (WORDED IN THE AFFIRMATIVE): "I move to approve Resolution #176 Series of 2016 to allow the erection of a canvas/plastic tent over the public amenity space, and a canvas/plastic airlock at the primary entrance at 305 S. Mill St. for a ten (10) day period from December 24, 2016 through January 2, 2017. Attachments: Exhibit A — Images of Structures Exhibit B — Staff Findings Exhibit C — Affordable Housing Mitigation Methodology Exhibit D — Application 305 S. Mill St. / Temporary Use City Council Hearing — December 12, 2016 Page 4 of 4 0 s Above: Tent over existing trellis. Right: Proposed airlock at front entry of building. Exhibit A Images of Structures 0 0 Exhibit B Staff Findings Section 26.450.030. Criteria applicable to all temporary uses. 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 Response: The proposed tent measures approximately 500 sq. ft. This structure has been erected on the site in the same location for some period over the past two winter seasons, giving Staff and the community the benefit of viewing the structure and its operational characteristics on -site. The proposed tent is adjacent to the indoor commercial space and will cover the outdoor trellis. The tent has been designed from a heavyweight gray canvas with clear plastic windows and sides that can be rolled up. The applicant intends to use the tent as an extension of the indoor heated seating space for the restaurant. The applicant is further proposing an airlock at the restaurant's main entrance on Mill St. The airlock will be constructed of the same canvas and plastic materials, and will measure approximately 35.85 sq. ft. The proposed structures will be highly visible with materials that would not be permitted by Commercial Design Review. The proposed tent will cover the approved public amenity space that was a requirement for the development of the commercial building on the site. In 2013, a former tenant of the space received approval from HPC (via Resolution No. 15, Series of 2013) to construct a wooden trellis over the public amenity space as a shade structure. Reviews included Minor Development Review and View Plane approvab The approval was granted in part on the trellis' design - spaced wooden posts with no sides. The tent in the current proposal covers this light, airy structure with solid, opaque fabric which represents an increase in the commercial space of the restaurant using a material that would not be permitted as a permanent structure within the historic Commercial district. Temporary structures of this nature are considered by Staff for short-term approval (7 days); however, overall they are found to detract from the permanent architecture of the historic Commercial Core district, and therefore are not supported for longer periods of time. Staff finds this criterion to not be met. B. The compatibility of the proposed temporary use with the character, density and use of structures and uses in the immediate vicinity. Staff Response: The proposed tent will increase the commercial space of the Grey Lady restaurant. A restaurant is compatible with the character of the Commercial Core zone district and its historic overlay. However, as mentioned previously, the covered space is intended as public amenity space for the parcel, and in this sense, is incompatible with the approved use for this area of the site. The Code requires public amenity spaces to be open to the sky, open to view, and to contribute to an active street vitality. The closed sides of the tent create a private space that is neither open to the sky, nor contributing to the vitality of the area. Canvas and plastic structures are not materials that would be approved through Commercial Design review, and are out of character with the surrounding architecture. Staff finds this criterion to not be met. C. The impacts of the proposed temporary use on pedestrian and vehicular traffic and traffic patterns, municipal services, noise levels and neighborhood character. Staff Response: The proposed structures will be located on private property adjacent to the S. Mill St. pedestrian mall and E. Hyman Ave. Staff does not anticipate any impacts on pedestrian or traffic patterns, or on municipal services. Noise levels may increase in this particular area since the tent is made of fabric and not a permanent structure; however, the structure is generally compatible with the nature of commercial businesses in the surrounding area. Staff finds these types of temporary structures negatively impact the neighborhood character, particularly when used for a longer period of time (more than seven days). Staff has worked with business owners to eradicate these temporary structures on other properties, from airlocks to awnings with sides, and encourages permanent solutions. The Commercial Core is a historic district and all buildings and structures are required to pass a heightened review process involving commercial design guidelines and historic preservation review. This fabric and plastic structure does not fit with the character of the district, particularly for a use that is greater than a short (one week) duration. Staff finds this criterion to not be met 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 Response: The Applicant is proposing to maintain the tent & airlock structures on the site for a period of sixty (60) days -from December 24, 2016 through February 20, 2017. The applicant has requested and received temporary use approval for the tent on this site in 2014 and again in 2015. The history of requests is as follows. • In 2013 City Council granted a former restaurant owner of the subject location seasonal temporary use approval for a temporary custom fabric airlock from January through March of the same year. At Staffs recommendation Council granted this as a one-time approval, and directed the applicant to find a permanent solution for future needs. In December 2014, Staff approved a seven-day tent permit for the site. The tent was erected over the trellis, covering the site's public amenity space, and was fully -enclosed with roll -down walls. After the tent was not removed the matter was directed to Council for review. • • • In January, 2015 Council granted the applicant temporary seasonal approval for the tent to be erected on -site through April 15t" of the same year. At the hearing Council was clear that this was a one-time approval and that the Applicant should not return to renew this request. In October, 2015 City Council denied the applicant's request to erect this tent on the site for the duration of the winter season. Council was concerned with the tent's use of plastic and canvas materials and questioned the temporary nature of a structure that kept reappearing seasonally. • In December of 2015 City Council granted the applicant an 11-day temporary use approval (December 24, 2015- through January 3, 2016) to erect the tent over the site's public amenity space. E. The purposes and intent of the zone district in which the temporary use is proposed. Staff Response: The purpose of the Commercial Core (CC) Zone District is to allow the use of land for retail, service commercial, recreation and institutional purposes within mixed -use buildings to support and enhance the business and service character in the historic central business core of the City. This mix of uses is to encourage a high level of vitality throughout this district. Restaurant use fits the purpose of the zone district. Staff finds this criterion to be met. 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 Response: The use of the tent as an extension of the restaurant is in itself not an incompatible use within the zone district. However, these types of temporary structures (fabric/plastic tents, airlocks, etc.) have been generally disallowed in the Commercial and Commercial Core zone districts. Staff encourages the applicant to explore a permanent solution to this issue of outdoor seating during the winter season. Staff finds this criterion to not be met. G. How the proposed temporary use will enhance or diminish the general public health, safety or welfare. Staff Response: The proposed tent over the outdoor space will allow patrons of the Grey Lady restaurant to use the outdoor dining area during the cold weather months. The applicant has indicated that this space may be used by the general public when the restaurant is not open for business, as the tent space will be heated. The airlock will serve as a buffer between the outdoors and the restaurant and will prevent cold air from directly reaching patrons. Staff finds this criterion to be met. Growth Management Quota System 26.470.040.7 Temporary uses and structures. The development of a temporary use ore structure shall be exempt from growth management, subject to the provisions of Chapter 26.450, Temporary and Seasonal Uses. Temporary external airlocks shall only be exempt from the provisions of this Chapter if compliant with the applicable sections of Commercial Design Review — Chapter 26.412, and approved pursuant to Chapter 26.450 Temporary and Seasonal Uses. Tents, external airlocks, and similar temporary or seasonal enclosures located on commercial properties and supporting commercial uses shall only be exempt from the provision of this Chapter, including affordable housing mitigation requirements, if compliant with the applicable sections of Commercial Design Review — Chapter 26.412, if erected for 7 consecutive days or less in a 12- month period, and approved pursuant to Chapter 26.450 — Temporary and Seasonal Uses. Erection of these enclosures for longer than 7 consecutive days in a 12-month period shall require compliance with the Commercial Design Review — Chapter 26.412, and compliance with the provisions of this Chapter including affordable housing mitigation. Staff Response: The applicant is requesting a 60-day temporary use approval, requiring compliance with Commercial Design Guidelines (below), and affordable housing mitigation. Staff has calculated the appropriate affordable housing mitigation to be $1,858.93. The calculation may be found in Exhibit C, to follow. Commercial Design Guidelines: Commercial Core Historic District 6.59 High quality, durable materials should be employed. The palette of materials proposed for all development should be specified and approved as part of the general and detailed development approvals process, including samples of materials as required. Staff Response: The applicant is proposing two structures made from canvas and plastic materials. These are not high quality materials typically found within the district. Stafffinds this criterion to not be met. 6.60 Building materials should have these features: • Convey the quality and range of materials seen historically • Reduce the scale and enhance visual interest • Convey human scale • Have proven durability and weathering characteristics within this climate Staff Response: Canvas and plastic are not representative of the quality and range of materials seen historically. Covering the trellis creates more mass for the building. The grey canvas does little to provide visual enhancement of the site. Staff finds this criterion to not be met. 4 Exhibit C Affordable Housing Mitigation Methodology 17.. _I„L I_ • Size of structures: Tent A will measure 35.85 sq. ft. Tent B will measure 500 sq. ft. o Total size of structures = 535.85 sq. ft. • Employee generation is calculated by FTEs per 1,000 sq. ft. of net leasable space • Employees generated per 1,000 of net leasable space in CC zone district = 4.7 • Mitigation for new commercial space is required at a Category 4 level, which is $223,072/FTE • Mitigation is required at 60% of the FTEs generated • Structures will be on -site for 35 days Methodolo&y: • 535.85 sq. ft. / 1000 sq. ft. = .53585 sq. ft. • .53585 sq. ft. x 4.7 FTEs = 2.518495 FTEs generated • 2.518495 FTEs x 60% = 1.511097 FTEs to be mitigated if structures are in use 100% of year • 1.511097 FTEs / 365 days per year = .0041399 daily rate • .0041399 x 60 days = .25 FTEs 0 .25 x $223,072 = $55,768 Assuming 30 year buildinglife ife span: • $55,768 / 30 years = $1,858.93 due for mitigation of the structures for a period of 60 days. WHEELER SQUARE CONDOMINIUM ASSOCIATION 315 East Hyman Avenue Aspen, Colorado 81611 Dear City Council: December 5, 2016 I am the President of the Wheeler Square Condominium Association located at 315 East Hyman Avenue, which is located adjacent to the Grey Lady restaurant. I write this letter on behalf of our Association opposing the Grey Lady Restaurant Temporary Structure request for a custom fabric tent to be erected from December 23, 2016 through February 20, 2017. This is the fourth time this Applicant has come before Council seeking the same request. Staff has continued to oppose the request and we agree with the Staff's position. This is not an appropriate use in the historic downtown district. We do not believe that a temporary structure request should be allowed to come in every year, and in fact, seek an even longer period of tenting this year than the time Council reluctantly granted last year. We would hope you would continue to deny this request given its esthetic inconsistencies as well as the unfortunate precedence it sets in the historic downtown district. Thank you for your consideration. Mary Lynn Casper, President Wheeler Square Condominium Association L• 0 305-7 Mill Street LLC c% A4 Development 2001 N. Halsted Street, Suite 304 Chicago, Illinois 60614 Telephone (312) 850-1680 Facsimile (312) 850-1685 November 15, 2016 City of Aspen Community Development Department 130 South Galena Street, Third Floor Aspen, Colorado 81611 Re: 305-7 Mill Street, Aspen, Colorado 81611 (the "Property") Ladies and Gentlemen: I am writing as Manager of 305-7 Mill Street LLC, a Delaware limited liability company, which is the owner of the above referenced Property. The current tenant of a portion of the Property, Bareast Group LLC, doing business as "Grey Lady", has requesting our authorization for it to obtain a temporary use permit from the City of Aspen to enclose the trellis area on the Property for approximately sixty days (the period December 23, 2016 - February 20, 2017). This letter shall confirm that 305-7 Mill Street LLC authorizes Bareast Group LLC, doing business as "Grey Lady", and its principal Ryan Chadwick, to apply for, pursue and obtain the City of Aspen's approval of a temporary use permit to enclose the trellis area on the Property for approximately sixty days (December 23, 2016 - February 20, 2017), and any other directly -related approvals which may be required by the City of Aspen with respect to such matters. 305-7 MILL STREET LLC, a Delaware limited liability company _I_.--) By: 305-7 Mill Street Manage;/lnc a Colorado corporation M. Activel44174538.1 Mark Hunt Its: President • SHERMAN6HOWARD 730 East Durant Avenue, Suite 200, Aspen, Colorado 81611 Telephone: 970.925.6300 Fax: 970.925.1181 www.shermanhoward.com Curtis B. Sanders Sherman & Howard L.L.C. Direct Dial Number: 970.300.0114 E-mail: csanders@shermanhoward.com November 15, 2016 City of Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: 305-7 Mill Street LLC, a Delaware limited liability company; Certificate of Ownership Dear Sir or Madam: I am an attorney licensed by the State of Colorado to practice law. This letter shall confirm and certify that 305-7 Mill Street LLC, a Delaware limited liability company, is the owner of certain improved real property located at 305-7 Mill Street, Aspen, Colorado 81611, and legally described as follows (the "Subject Property"): Units A, B and C, ASPEN COMMERCIAL CONDOMINIUM, according to the Condominium Map thereof recorded November 6, 1974 in Plat Book 4 at Page 499 and as defined and described in the Condominium Declaration for Aspen Commercial Condominium recorded November 7, 1974 in Book 293 at Page 61. The entity 305-7 Mill Street LLC owns the Subject Property subject only to the following matters of record: 1. Reservations and exceptions as set forth in the Deeds from the City of Aspen recorded in Book 59 at Page 39 and in Book 59 at Page 350. 2. Terms, conditions, provisions, obligations, easements, restrictions and assessments as set forth in the Condominium Declaration for Aspen Commercial Condominium recorded November 6, 1974 in Book 293 at Page 61. 3. Easements, rights of way, and all matters as disclosed on the Map of Aspen Commercial Condominium recorded November 6, 1974 in Plat Book 4 at Page 499. Active/44171721.1 4. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the City of Aspen Planning and Zoning Commission recorded April 25, 2002 as Reception No. 466645 as Resolution No. 03 (Series of 2002). 5. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Aspen Historic Preservation Commission (HPC) recorded December 11, 2008 as Reception No. 554946 as Resolution No. 27 (Series of 2008). 6. Deed of Trust, Assignment of Leases and Rents and Security Agreement dated June 10, 2014 between Jefferies Loancore LLC and 305-7 Mill Street LLC, recorded June 18, 2014 as Reception No. 611186. 7. Assignment of Leases and Rents dated June 10, 2014 between Jefferies Loancore LLC and 305-7 Mill Street LLC, recorded June 18, 2014 as Reception No. 611187. 8. UCC-1 Financing Statement of Jefferies Loancore LLC recorded June 18, 2014 as Reception No. 611188. 9. Terms, conditions, provisions and obligations as set forth in the Assignment of Deed of Trust, Assignment of Leases and Rents and Security Agreement dated as of August 28, 2014 between Jefferies LoanCore LLC as assignor and JLC Warehouse V LLC as assignee recorded August 24, 2015 as Reception No. 622662. 10. Terms, conditions, provisions and obligations as set forth in the Assignment of Assignment of Leases and Rents dated as of August 28, 2014 between Jefferies Loancore LLC as assignor and JLC Warehouse V LLC as assignee recorded August 24, 2015 as Reception No. 622663. 11. Terms, conditions, provisions and obligations as set forth in the UCC Financing Statement Amendment recorded August 24, 2015 as Reception No. 622664. 12. Terms, conditions, provisions and obligations as set forth in the Assignment of Deed of Trust, Assignment of Leases and Rents and Security Agreement dated as of July 22, 2015 between JLC Warehouse V LLC as assignor and DIVCORE CLO 2013-1 LTD. as assignee recorded August 25, 2015 as Reception No. 622699. 13. Terms, conditions, provisions and obligations as set forth in Assignment of Assignment of Leases and Rents dated as of July 22, 2015 between JLC Warehouse V LLC as assignor and DIVCORE CLO 2013-1 LTD. as assignee recorded August 25, 2015 as Reception No. 622700. 14. Terms, conditions, provisions and obligations as set forth in the UCC Financing Statement Amendment recorded August 25, 2015 as Reception No. 622701. 2 Active/4417I 721. I 0 0 15. Terms, conditions, provisions, obligations and all matters as set forth in Resolution #27 (Series of 2015) of the City of Aspen Historic Preservation Commission recorded October 9, 2015 as Reception No. 624023. Sincerely, Curtis B. Sanders Active/44171721.1 Grey Lady Aspen 305 S Mill St, Aspen, CO 81611 Temporary Use Review Criteria A. The location, size, design, operating characteristics and visual impacts of the proposed use. The trellis is located at 305 S. Mill St, Aspen, CO 81611 on the corner of Mill & Hyman. The trellis will be covered with a weatherproof awning material allowing the space to be used for overflow dining. The covering is non-invasive and does not change the look, or shape of the existing structure. B. The compatibility of the proposed temporary use with the character, density, and use of structures and uses in the immediate vicinity. The proposed temporary holds true to character of the buildings around it and was designed with the character of the town in mind. The design is minimal and only used to protect from weather. C. The impacts of the proposed temporary use on pedestrian and vehicular traffic and traffic patterns, municipal services, noise levels and neighborhood character The proposed temporary use will not adversely affect pedestrian or vehicular traffic since the space is on a cobblestoned walking mall, nor will the use affect traffic patterns, municipal services or neighborhood character. The use will actually decrease noise levels by making the area enclosed as opposed to open air. We will provide snow removal for the surrounding area as otherwise maintained by the Aspen Parks Department. D. The duration of the proposed temporary use and whether a temporary use has previous been approved for the structure, parcel, property or location as proposed in the application. The duration of the proposed temporary use is sixty (60) days, starting December 23rd 2016 and ending February 2011, 2017. The covering was approved for the full 2014-15 Winter Season and approved as a temporary use for the 2015-16 Winter Season. E. The purposes and intent of the zone district in which the temporary use is proposed. 0 The intent of the temporary use is to provide overflow dining space to patrons during winter high season. 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. The temporary use poses no character changes to the area and zone district. G. How the proposed temporary use will enhance or diminish the general public health, safety or welfare. By covering the trellis, we're enhancing the space by offering a covered & heated place for patrons to warm up while walking around town or waiting for the bus. It is open to the public 24/7. • • WHEELER SQUARE CONDOMINIUM ASSOCIATION 315 East Hyman Avenue Aspen, Colorado 81611 Dear City Council: December 5, 2016 I am the President of the Wheeler Square Condominium Association located at 315 East Hyman Avenue, which is located adjacent to the Grey Lady restaurant. I write this letter on behalf of our Association opposing the Grey Lady Restaurant Temporary Structure request for a custom fabric tent to be erected from December 23, 2016 through February 20, 2017. This is the fourth time this Applicant has come before Council seeking the same request. Staff has continued to oppose the request and we agree with the Staff s position. This is not an appropriate use in the historic downtown district. We do not believe that a temporary structure request should be allowed to come in every year, and in fact, seek an even longer period of tenting this year than the time Council reluctantly granted last year. We would hope you would continue to deny this request given its esthetic inconsistencies as well as the unfortunate precedence it sets in the historic downtown district. Thank you for your consideration. Mary Lynn Casper, President Wheeler Square Condominium Association 0 • CITY OF ASPEN Nol a % Z 0 17 PRE -APPLICATION CONFERENCE SUMMARY PLANNER: Sara Nadolny, 970.429.2739 DATE: 10.26.2016 PROJECT: 305 S. Mill St— Grey Lady Restaurant REPRESENTATIVE: Ryan Chadwick, 508.221.1689; Ryan.Chadwick@gmail.com DESCRIPTION: The applicant is interested in a Temporary Use approval to erect an enclosure over the patio/public amenity space at the Grey Lady restaurant from December 23, 2016 through February 20, 2017. The enclosure has been erected on the site for the past two years for the holiday season and extending into March. The subject site is located in the historic Commercial Core zone district and may require specific review of the Historic Preservation Planner. In the past the Community Development Director and City Council have made the determination that the requested structure insubstantial; therefore, the request must be reviewed by City Council no matter the length of time requested. The Code does not permit a temporary use request longer than 180 days; in this instance the temporary use request is for a period of 60 days. The applicant will be required to complete an application as outlined in subsection 26.450.070 of the Land Use Code and as per this document, and to answer the criteria found in subsection 26.450.030. Council will make its determination based on a number of variables, including but not limited to visual impacts of the structure, compatibility with the surrounding uses, and the number of recurrences of the request. The following Land Use Code Sections are relevant to the request. Land Use Code Section(s) 26.304 Common Development Review Procedures 26.450 Temporary and Seasonal Uses (26.450.101— 26.450.070) 26.710.140 Commercial Core (CC) zone district Below are links to the Land Use Application form and Land Use Code for your convenience: Land Use App: http://www.aspenpitkin.com/Portals/O/docs/City/Comdev/Apps%20and%2OFees/2013%20land%20use%20app %20form.pdf Land Use Code: http://www.aspenpitkin.com/Departments/Community-DevelopmenUPlanning-and-Zoning/Title-26-Land-Use- Code/ Review by: Planning staff, City Council Public Hearing: City Council ASLU 305 S. Mill St. Temporary Use PID# 273718217004 1 •<S PA� �A- (Z-OW yvA v N �� l s�'P V'V) �� i • To: City of Aspen November 7, 2016 RE: Grey Lady Temporary Covered Trellis - 305 S. Mill St, Aspen, CO 81611 Thus written response is an explanation of proposed dates (60 days) and a description of the structure. The proposed dates for the trellis to be covered at 305 S. Mill Street are December 23rd 2016 - February 20th 2017. The covering for the trellis is made out of awning material, both black & transparent (windows). The covering's use will not adversely affect pedestrian or vehicular traffic since the space is on a cobblestoned walking mall, nor will the use affect traffic patterns, municipal services or neighborhood character. The use will actually decrease noise levels by making the area enclosed as opposed to open air. Respectfully, Ryan Chadwick Managing Partner, Grey Lady Ryan.Chadwick@gmail.com • 0W. d*- It Agreement to Pay Application Fees An agreement between the City of Aspen ("City") and Property Phone No.: Owner ("I"): Email: 508-221-1689 Ryan Chadwick an.chadwick mail.com Address of Billing Property: 305 S. Mill St, Aspen, CO 81611 Address: SAME (Subject of (send bills here) application) I understand that the City has adopted, via Ordinance No., Series of 2011, review fees for Land Use applications and payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. flat fee for $. flat fee for flat fee for flat fee for For Deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application. I understand that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. I have read, understood, and agree to the Land Use Review Fee Policy including consequences for no -payment. I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render and application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. $ 13OO • (DO deposit for hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. $ deposit for hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. City of Aspen: Jessica Garrow, AICP Community Development Director City Use: Fees Due: $ Received $ Property Owner: Name: Rvan Chadwick Title: Managing Partner • • ATTACHMENT 2 — LAND USE APPLICATION PROJECT: Name: G Location: 305 S. Mill St, Aspen, CO 81611 Parcel ID # (REQUIRED) APPLICANT: Name: Ryan Chadwick Address: 426 E. Hyman Ave #301, Aspen, CO 81611 Phone #: 508-221-1689 REPRESENTIVATIVE: Name: Address: Phone#: GMQS Exemption GMQS Allotment Special Review ESA — 8040 Greenline, Stream Margin, Hallam Lake Bluff, 0 Mountain View Plane Commercial Design Review [� Residential Design Variance 0 Conditional Use NOV 0 S 2016 0 Conceptual PUD Q Temporary Use Final PUD (& PUD Amendment) Subdivision = Conceptual SPA [� Subdivision Exemption (includes Condominiumization) Final SPA (&SPA Lot Split Amendment) 0 Lot Line Adjustment Small Lodge Conversion/ Expansion Other: :XISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) Wooden Trellis Area. Appoved for: 2014-15 Winter Season & Temporary Use 2015-16 Winter Season 'ROPOSAL: (Description of proposed buildings, uses, modifications, etc.) Cover exisiting wooden trellis for 60 days - December 23rd 2016 - February 20th 2017 Have you attached the following? FEES DUE: $ $1300 Pre -Application Conference Summary Attachment #1, Signed Fee Agreement Response to Attachment #3, Dimensional Requirements Form Response to Attachment #4, Submittal Requirements — including Written Responses to Review Standards 3-D Model for large project All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre -application conference summary will indicate if you must submit a 3-D model. • 0 Project: Grey Lady Applicant: Ryan Chadwick Location: Zone District: Lot Size: Lot Area: ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM 305 S. Mill St. ASDen. CO 81611 Block 19 (For the purpose of calculating Floor Area, Lot Area may be reduced for areas within the high-water mark, easement, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: N/A Proposed: N/A Number of residential units: Existing: N/A Proposed: N/A Number of bedrooms: Existing: N/A Proposed: N/A Proposed % of demolition (Historic properties only): N/A DIMENSIONS: Floor Area: Existing: N/A Allowable: N/A Proposed N/A Principal bldg. height: Existing: N/A Allowable: N/A Proposed N/a Access. Bldg. height: Existing: N/A Allowable: N/A Proposed N/A On -Site parking: Existing: N/A Required: N/A Proposed N/A Site coverage: Existing: N/A Required: N/A Proposed N/A Open Space: Existing: N/A Required: N/A Proposed N/A Front Setback: Existing: N/A Required N/A Proposed N/A Rear Setback: Existing: N/A Required: N/A Proposed N/A Combined F/F: Existing: N/A Required N/A Proposed N/A Side Setback: Existing: N/A Required: N/A Proposed N/A Side Setback: Existing: N/A Required N/A Proposed N/A Combined Sides: Existing: N/A Required N/A Proposed N/A Distance between Bldgs. Existing: N/A Required: N/A Proposed N/A Existing: N/A Required: N/A Proposed: N/A Existing non -conformities or encroachments: Variations requested: Covering trellis for temporary 60 days yym.. AVe ve F/'YO)an Ave Ajax Donuts Hub of Aspen 1305 South Mill Street A 1 Aspen Billiards >a Mexican t6 Cigar Bar Jimmy's Bodega° GO co GO Elk Mounti Expedition w The Sports Center M1 • 0 Homeowner Association Compliance Policy All land use applications within the City of Aspen are required to include a Homeowner Association Compliance Form (this form) certifying the scope of work included in the land use application complies with all applicable covenants and homeowner association policies. The certification must be signed by the property owner or Attorney representing the property owner. Property o5 Name:3-7 Mill Street LLC Owner ("I"): Email: nturken Mmdevco.com Phone No.: (312) 850-1680 Address of 305 S. Mill St., Aspen, CO 81611 Property: (subject of application) I certify as follows: (pick one) ❑ This property is not subject to a homeowners association or other form of private covenant. This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application do not require approval by the homeowners association or covenant beneficiary. ❑ This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application have been approved by the homeowners association or covenant beneficiary. I understand this policy and I understand the? Aspen does -not interpret, enforce, or manage the applicability, meaning or effect of private ve nts or homeowner association rules or bylaws. understand that this document is a public o ent.- -_ Owner signature; date: owner printed name: Mark Hunt, Manager or, Attorney signature: Attorney printed name: date: r � r Ls k � { - .,•gym„-:. _: �. r a R:� �g�y�•[, � i. .. .. `' yam. '`�'� 'y�r•; .._+�+, � '�,""^.. ''r., 'mar ,_"��",�.�w b», d ,* THE CITY OF ASPEN Land Use Application Determination of Completeness Date: November 11, 2016 Dear City of Aspen Land Use Review Applicant, We have received your land use application for 305 S. Mill St., Temporary Use and reviewed it for completeness. Your Land Use Application is incomplete: Please submit the following missing submission items. ❑ Street address and legal description of the parcel on which development is proposed to occur, consisting of a current (no older than 6 months) certificate from a title insurance company, an ownership and encumbrance report, 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. Proof of ownership has not been provided. ❑ Applicant's name, address and telephone number in a letter signed by the applicant that states the name, address and telephone number of the representative authorized to act on behalf of the applicant. The owner of the property is required to be the applicant or give consent to representation. ❑ Written responses to all review criteria. The review criteria for temporary uses were not addressed. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2759 if you have any questions. Thank You ifer e9an, Deputy Planning Director City of Aspen, Community Development Department For Office Use Only: Mineral Rights Notice Required Yes No—/6- GMQS Allotments Yes No� Qualifying Applications: New PD Subdivision, or PD (creating more than I additional lot) Residential Affordable Housing Commercial E.P.F. Lodging fig. Permits — ❑ X File Edit Reccrd Na,:igate Fcrm Reperts Fcrmat Tab Help �X '% - A Jump 1 _ ti Main Custom Fjelds Routing Status Fee Summary Actions Routing FHistory c-r Aspen Land Use Permit # 0098.2016.ASLU Permit type I® Address 305-7 S MILL ST Apt/Suite o Cdy ASPEN State Zip 81611 x Permit Information a Master permit Routing queue aslul5 AppW 11/16/2016 o Project Status pending —� Approved DescriptionTEMPORARY USE PERMIT Issued Closed/Final Submitted SHERMAN & HOWARD Clock Running Days F0 Expires 11/11/2017 Submitted via 0 caner Last name CHADWICK Fast name RYAN Phone () Address Applicant 0 Owner is applicant? Contractor is applicant? Last name CHADWICK First name RYAN Phone () Cust # 30514 Address Email Lender Last name First name Phone ( ] Address AspenGold5 (server) nicoleh — 1 of 1 � (3b0. e� bw reb