HomeMy WebLinkAboutlanduse case.ca.Citywide.0102.2016.ASLU0102.2016.ASLU 130 S GALENA ST
INTERPRETATION TO THE CODE
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PATH: G/DRIVE /ADIvIINISTRATIVE/ADMIN/LANDUSE CASE DOCS
THE CITY OF ASPEN
City of Aspen Community Development Department
CASE NUMBER 0102. 2016.ASLU
PROJECT ADDRESS 130 S GALENA ST
PARCEL ID
PLANNER BEN ANDERSON
CASE DESCRIPTION INTERPRETATION TO THE CODE
REPRESENTATIVE BENDONADAMS
DATE OF FINAL ACTION 12.13.17
CLOSED BY ANGIE SCOREY 8.1.17
CITY OF ASPEN
COMMUNITY DEVELOPMENT DEPARTMENT
LAND USE CODE INTERPRETATION
JURISDICTION:
APPLICABLE CODE SECTIONS:
EFFECTIVE DATE:
APPROVED BY:(
DATE C 13, ) Oita
City of Aspen
26.104.100
December 13, 2016
Jessica Garrow,
Community Development Director
SUMMARY:
This Land Use Code interpretation clarifies the definition of a "lock -off' unit as a rentable division
or distinct "key" constituting a "lodge unit" and the applicability of this definition to development
incentives provided within the Growth Management Quota System (26.470) and Zone District
(26.710) chapters of the Land Use Code. The request for this interpretation was filed by Sara Adams
and Chris Bendon of Bendon Adams, LLC. The requestors shall have the right to appeal this code
interpretation as outlined below.
BACKGROUND:
The requester, Sara Adams, contacted Community Development's Planner of the Day on November
9, 2016, with an inquiry as to whether a lock -off unit requires an in -unit bathroom to qualify as a
"key". More specifically, could a lock -off unit utilize a shared bathroom and still qualify? Planning
staff s response was that for a lock -off unit to be considered a distinct key, the unit must include an
in -unit bathroom. The request for interpretation asks for confirmation and justification of this
position.
DISCUSSION:
Lock -off units that add to the number of keys, or divisible units within hotels, whether in a traditional
operator or timeshare form of ownership, are acknowledged and encouraged within Aspen's Land
Use Code. The flexibility these configurations offer to operators, unit owners, and renters is viewed
as a positive aspect of a hotel. In two areas of the Land Use Code, this encouragement is made clear.
First, in the Growth Management chapter of the code, where these keys are calculated as distinct units
thereby reducing the average unit size of the units within the hotel to gain advantage of incentives
that reduce affordable housing mitigation. Second, in the commercial zone districts, additional Floor
Area is allowed on a property as unit sizes are reduced. Again, lock -off units can help in reducing
average unit size within a development, thus allowing a development to qualify for the mitigation and
dimensional standard incentives.
In rendering this interpretation, staff has relied on 1) The Definitions chapter of the Land Use Code,
2) the precedent of development projects in Aspen that include lock -off units, 3) an understanding of
the function of lock -off units across the lodging/timeshare fractional industries, and 4) definitions of
lock -off units from peer communities in Colorado to render this interpretation. Each is outlined in
more detail below.
Page 1 of 4
1) Definitions — Land Use Code Section 26.100.104
This section of the Land Use Codes defines a Hotel (a.k.a. Lodge) as a building or parcel that contains
"individual units used for overnight lodging by the general public on a short-term basis for a fee,
with or without kitchens within individual units. " Essentially, a hotel unit is a type of dwelling, used
on a short term basis. Within that definition of hotel a "lock off unit" is defined as a rentable division
or "key" which "constitutes a lodge unit."
If a hotel unit is considered a type of short term dwelling, the definition of "dwelling unit" provides
additional guidance for what constitutes a unit. That definition states that a dwelling unit provides for
"independent living facilities for one or more persons, including, but not limited to, permanent
provisions for living, sleeping, eating, cooking, and sanitation, and which shall not have an internal
connection to any other residential or non-residential unit or use."
The existence of the key and the concept of a "lock -off unit" means that this unit does not have an
internal connection. Further, while the definition of dwelling unit includes provisions for cooking,
reading this with the definition of hotel allows cooking facilities as an option. Consequently, a lock -
off unit, a rentable division of the lodge, is an independent living unit and must contain provisions for
living, sleeping and sanitation.
2) Precedent — Aspen Development
Staff researched recent development projects that included lock -off units. The projects listed below
include some variation of lock -off units. All of the lock -off units reviewed contain in -unit bathroom
facilities.
Approved Projects:
Project in Review:
Hotel Jerome Aspen Club Living
Residences at the Little Nell Dancing Bear
Lift One Lodge Sky Hotel
Gorsuch Haus
In summary, staff finds that lock -off units that contain in -unit baths are the established norm in recent
Aspen development.
3) Industry Norms
Lock -off units are used across the lodging/timeshare/fractional industries as a mechanism to increase
flexibility and generate value for unit owners. From industry trade groups, to blogs advising timeshare
investors, to marketing materials for individual properties, the definition of a lock -off unit is clear.
Lock -off units contain at least a stand-alone bed and in -unit bath that is locked off from the primary
unit to create an additional, independently functioning unit. Across these sources, the discussion was
not about the inclusion of bathrooms in the unit, which was assumed, but about whether the lock -off
unit should contain some level of kitchen facility. Additionally, on several of these sources, discussion
from advisors offered caution that it is much better to have lock -off units that have facilities/amenities
that are roughly equivalent to the primary room or connected rooms, so that there is not confusion
about the room during the booking process, or as ownership changes.
Page 2 of 4
Sources: Condo Hotel Center
Red Week
Sell My Timeshare Now
International Encyclopedia of Hospitality Management
Hotel Design, Planning and Development (text book)
4) Peer Communities
A scan of land use codes across the nation, showed frequent reference to lock -off units, particularly
in resort/vacation based communities. While not comprehensive, this research showed that
communities either generally defined a lock -off unit similar to Aspen, or were very explicit that a
lock -off unit needs to contain a bathroom. Much like the industry discussion, the real variation was
in the requirement of kitchen facilities.
This research identified two Colorado peer communities with definitions that are parallel to staff s
interpretation:
Mountain Village, CO — Land Use Code
"Lock -Off Unit: A one (1) room space with a bathroom within a condominium or lodge
dwelling unit that may be designated to lock off from the remainder of the dwelling unit for
use by a separate individual, family or group."
Frisco, CO — Land Use Code
"LOCK -OFF - A portion of a dwelling unit suitable for short-term habitation, with a
separate entrance, containing at least one (1) bathroom but no cooking facilities and
capable of being securely separated from the dwelling unit.
Staff finds that the precedent in Aspen's context, in combination with confirmation from the industry
norms and peer communities, provides clear support for staffs interpretation of the lock -off unit
requiring a bathroom to qualify as a distinct key.
INTERPRETATION:
In response to the request for interpretation, Staff finds that the definition of Hotel (a. k. a. Lodge) as
presented in the Aspen Land Use Code, which provides description of lock -off units and keys, shall
be interpreted such that a lock -off unit must contain an in -unit bath if it is to qualify as a distinct key.
It is clear that the typical functioning of lock -off units includes an in -unit bathroom so that amenities
are consistent with the other keys connected to the lock -off unit. Staff can see no practical reason to
create a unit without an in -unit bath, other than as an inappropriate mechanism to take advantage of
Growth Management and dimensional standard incentives. This is clearly not intended by the Code.
Thus, lock -off units that do not include an in -unit bathroom shall not be counted as a key and shall
not be considered a distinct unit in calculating average unit sizes for the purpose of Growth
Management or dimensional standard incentives.
APPEAL OF DECISION:
Any person with a right to appeal an adverse decision or determination shall initiate an appeal by
filing a notice of appeal on a form prescribed by the Community Development Director. The notice
of appeal shall be filed with the Community Development Director and with the City office or
department rendering the decision or determination within fourteen (14) days of the date of the
Page 3 of 4
decision or determination being appealed. Failure to file such notice of appeal within the prescribed
time shall constitute a waiver of any rights under this Title to appeal any decision or determination.
Attachments:
Exhibit A — Definition of Lock -off, International Encyclopedia of Hospitality Management, 2°d
Edition; Sourced from American Resort Development Association.
Exhibit B — Definition of Lockout/Lock-off Timeshare Unit; www.redweek.com
Exhibit C — Discussion of lock -off suites, Hotel Design, Planning and Development; Penner,
Adams, Rutes; page 237.
Exhibit D — Blog post in response to question on lock -out unit; wwNN .condohotelcenter.com
Exhibit E — Definition of Lockout or Lock -off; www.sellmvtinieshareiiow.com
Page 4 of 4
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306
ASPEN LAND USE CODE
ADDRESS OF PROPERTY: t',o S c,a zz-� S�
Aspen, CO
STATE OF COLORADO )
ss.
County of Pitkin )
I, (name, please print)
being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that
I have complied with the public notice requirements of Section 26.304.060 (E) or Section
26.306.010 (E) of the Aspen Land Use Code in the following manner:
V Publication of notice: By the publication in the legal notice section of an official paper
or a paper of general circulation in the City of Aspen no later than fourteen (14) days
after final approval of a site specific development plan. A copy of the publication is
attached hereto.
Publication of notice: By the publication in the legal notice section of an official paper
or a paper of general circulation in the City of Aspen no later than fifteen (15) days after
an Interpretation has been rendered. A copy of the publication is attached hereto.
SignatuKe
The foregoing "Affidavit of Notice" was acknowledged before me this day
of , 2007_, by, C-t dr�M
PUMX Nate
WITNESS MY HAND AND OFFICIAL SEAL
OWWrONWTATION
A�e�,,,e1,N.
My commission expires:
��,00 a
the City of Aspen Land Use Code, irrilWM by Sa-
ra Adams and Chris BenLLC don of BendonAdams.
rendered on Decembert3Comand is
L<�Q4
�
avatwas
available for public inspection in the Community
Development Lepart�nt.
..
Notary Public
Published in tM n
2018 (1�84T/71 Asps Ti-mea � December 29,
KAREN REED PATTERSON
NOTARY PUBLIC
ATTACHMENTS:
STATE OF COLORADO
NOTARY ID #19964002767
pires
My Commission ExFebruary 15, 2020
COPY OF THE PUBLICATION
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•
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•
November 15, 2016
Ms. Jessica Garrow, AICP
Community Development Director
City of Aspen
130 So. Galena St.
Aspen, Colorado 81611
RE: Request for Land Use Code Interpretation — Definition of Lodge Key
Ms. Garrow:
NOV 15 2016
Please accept this request for a Land Use Code interpretation to provide a definition of a
lodge key. In addition, please directly relate the statement "To be considered a standalone
key, a bathroom (with shower) needs to be in the key' [see attached email from the
Community Development Department] to the Land Use Code. We have found no
requirements in the Land Use Code that would disallow common bathing facilities. We
believe there is a precedent for lodging keys that have shared bathroom facilities and do
not see differentiation in the Land Use Code to the contrary.
Thank you for your attention to this matter. We look forward to reading your interpretation.
If there are any questions about the foregoing or if I can assist, please do not hesitate to
call- 970-925-2855.
Kind Regards,
Sara Adams, AICP
Chris Bendon, AICP
BendonAdams LLC
sara .bendonadams.com
chris(c),bendonadams.com
Exhibit A -email dated 11.14.2016
300 SO SPRING ST 1 202 1 ASPEN, CO 81611
970.925.2855 1 BENDONADAMS.COM
THE CPPy of ASPEN
Land Use Application
Determination of Completeness
Date: November 28, 2016
Dear City of Aspen Land Use Review Applicant,
We have received your land use application for an Interpretation of the land use code and have
reviewed it for completeness.
Your Land Use Application is complete.
An Interpretation shall be rendered by Tuesday, December 13, 2016. 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,
(�v
Jennifer Phelan, Deputy Planning Director
City of Aspen, Community Development Department
For Office Use Only:
Mineral Rights Notice Required
Yes No
GMQS Allotments
Yes No�L
Qualifying Applications:
New PD
Subdivision, or PD (creating more than 1 additional lot)
Residential Affordable Housing
Commercial E.P.F. Lodging
•
ATTACHMENT 2 - LAND USE APPLICA
PROJECT: LNIAJ I t NI, IL
Name:
Location: VIIA
Parcel ID # (REQ IRED)
APPLICANT:
AT DEPARTMENI
Mwus, vI a- i
Name:Ew& AAams A
• gar4Abm�,
Address*0 "-M4�'Zn
V
Phone #: I 4P—
REPRESENTIVATIV
�/�E:I,,,,� rn
Name: UL 1 C.
Address:
Phone#:
E�]
GMQS Exemption
GMQS Allotment
Special Review
0
ESA — 8040 Greenline, Stream
0
Margin, Hallam Lake Bluff,
0
Mountain View Plane
Commercial Design Review
Residential Design Variance
0
Conditional Use
EXISTING CONDITIONS: (description of
Conceptual PUD
Temporary Use
Final PUD (& PUD Amendment)
Subdivision
Conceptual SPA
Subdivision Exemption (includes
Condominiumization)
0 Final SPA (&SPA
Lot Split
Amendment)
Lot Line Adjustment
Small Lodge Conversion/
Expansion1,An
Other: YL ,
sting buildings, uses, previous approvals, etc.
PROPOSAL: (Description of proposeftuildings, uses, modifications, etc.)
Have you att led the following? \ FEES DUE: $ 191
0 Pre-Applicab Conference Summary
Attachment #1,�nedee AgreementResponse to Attt #3, Dimensional Requirements Form
0 Response to Attachment Submittal Requirements — including Written Responses to Review Standards
0 3-D Model for large project
All plans that are larger than 8.5" X 11' st be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be
submitted as part of the application. Large s le projects should include an electronic 3-D model. Your pre -application conference
summary will indicate if you must submit a 3-D del.
ATTACHMENT 3
DIMENSIONAL REQUIREMENTS FORM
Project: 41 a
Applicant:
Location:
Zone District:
Lot Size: V1
Lot Area: ✓ i�
(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: Proposed:
Number of residential units: Existing: Proposed:
Number of bedrooms: Existing: Proposed:
Proposed % of demolition (Historic properties only):
DIMENSIONS:
Floor Area:
Existing:
Allowably
Proposed
Principal bldg. height:
Existing:
Allowable: Proposed
Access. Bldg. height:
Existing:
Allowable:
Proposed
On -Site parking:
Existing:
Required:�Nroposed
% Site coverage:
Existing:
Required:%
Open Space:
Existing:
Required:Front
Setback:
Existing:
RequiredRear
Setback:
Existing:
Required:
Combined F/F:
Existing:
Required
Proposed
Side Setback:
Existing:
Required:
Proposed
Side Setback:
Existing:
Required
Proposed
Combined Sides:
Existing:
Required
Proposed
Distance between Bldgs.
Existing:
Required:
Proposed
Existing:
Required:
Proposed:
Existing non -conformities
encroachments:
Variations requested:
March, 2016 City of Apen 1 130 S. Galena St. 1 (970) 920 5050
RE'
Agreement to Pay Application Fees
An agreement between the City of Aspen ("City') and
Property Phone No.:
Owner ("I"): WM Email:
Address of Billing
Property: Address: N'
(Subject of 1 (send bills here)
application)
0
C
co
N
O
Q)
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. 4h 4 AWV fl f f r ��'Y' flat f for
$ � at fee o $ at fee o
$. 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 hereinaft r stated.
$ deposit for hours of Community Development Department staff time. Additional time
above th de osit amount will be billed at $325.00 per hour.
$ deposit for hours of Engineering Department staff time. Additional time above the
deposit a/hount will be billed at $325.00 per hour.
City of Aspen:
Jessica Garrow, AICP
Community Development Director
City Use:
Fees Due: $_Received $
Property Owner:
S0�6,
Name: Aaam
u / -
�+au�h
•
Sara Adams
From: Jennifer Phelan <jennifer.phelan@cityofaspen.com>
Sent: Monday, November 14, 2016 5:55 PM
To: Sara Adams
Subject: Keys and bathrooms
Hi Sara: Sorry in the delay but I was out of the office at the end of last week. To be considered a standalone key, a
bathroom (with shower) needs to be in the key.
Best regards, Jen
Jennifer Phelan, AICP
Deputy Planning Director
Community Development Department
City of Aspen
130 S. Galena St.
Aspen, CO 81611
970-429-2759
www.aspenpitkin.com
Notice and Disclaimer:
This message is intended only for the individual or entity to which it is addressed and may contain information that is
confidential and exempt from disclosure pursuant to applicable law. If you are not the intended recipient, please reply to
the sender that you have received the message in error and then delete it. Further, the information or opinions contained
in this email are advisory in nature only and are not binding on the City of Aspen. If applicable, the information and
opinions contain in the email are based on current zoning, which is subject to change in the future, and upon factual
representations that may or may not be accurate. The opinions and information contained herein do not create a legal or
vested right or any claim of detrimental reliance.
www.aspencommunityvoice.com
Jennifer Phelan
From:
Jennifer Phelan
Sent:
Monday, November 28, 2016 2:53 PM
To:
'Sara Adams'
Subject:
Completeness review - Interpretation
Attachments:
20161128145423282.pdf
Hi Sara: Thanks for the additional materials, I've deemed the Interpretation request complete and outlined a final date
of when the Interpretation needs to be issued. Hope you enjoyed Thanksgiving, I got a couple of mtn bike rides in while
we were in Salida.
Best, Jen
Jennifer Phelan, AICP
Deputy Planning Director
Community Development Department
City of Aspen
130 S. Galena St.
Aspen, CO 81611
970-429-2759
www.aspenpitkin.com
Notice and Disclaimer:
This message is intended only for the individual or entity to which it is addressed and may contain information that is
confidential and exempt from disclosure pursuant to applicable law. If you are not the intended recipient, please reply
to the sender that you have received the message in error and then delete it. Further, the information or opinions
contained in this email are advisory in nature only and are not binding on the City of Aspen. If applicable, the
information and opinions contain in the email are based on current zoning, which is subject to change in the future, and
upon factual representations that may or may not be accurate. The opinions and information contained herein do not
create a legal or vested right or any claim of detrimental reliance.
www.aspencommunityvoice.com
-----Original Message -----
From: messenger
Sent: Monday, November 28, 2016 12:54 PM
To: Jennifer Phelan <jennifer.phelan@cityofaspen.com>
Subject: Message from "RNP0026739639CC"
This E-mail was sent from "RNP0026739639CC" (MP C5503).
Scan Date: 11.28.2016 14:54:23 (-0500)
Queries to: ricoh@cityofaspen.com
1
Q Permits — ❑ X
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Cr Main Custom Fields Routing Status Fee Summary Actions Routing History
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Permit type ® I Aspen Land Use
Permit # 0102.2016.ASLU
Address 130 S GALENA
Apt/Suite
City ASPEN
State CO Zp 81611
Permit Information
Master permit I
Routing queue aslul5
Applied 11/29/2016
Project
Status perrding
Approved
Description
REQUEST FOR LAND USE CODE INTERPRETATION - DEFINITION OF LODGE KEY
Issued
Closed/Final
Submitted JSARAADAMS
Clock Rumarg DaysF 0
Expires 1112412017
Submitted via
Owner
Last name BENDON ADAMS
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