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Caribou Alley 431 E. Hopkins Temporary Use
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CASE NUMBER
A013-03
PARCEL ID #
2737-073-81004
CASE NAME
Caribou Alley 431 E. Hopkins Temporary Use Permit
PROJECT ADDRESS
431 E Hopkins Ave
PLANNER
Sarah Oates
CASE TYPE
Temporary Use Permit
OWNER/APPLICANT
The Brand/Harley Baldwin
REPRESENTATIVE
same as owner
DATE OF FINAL ACTION
03/10/03
CITY COUNCIL ACTION
APPROVED
PZ ACTION
ADMIN ACTION
BOA ACTION
DATE CLOSED
10/10/03
BY
D DRISCOLL
•
0
PARCEL ID: 2737-073-81004 DATE RCVD: 02/14/03 # COPIEST— CASE NO A013-03
CASE NAME: Caribou Alley 431 E. Hopkins Temporary Use Permit PLNR: Sarah Oates
PROJ ADDR: 431 E Hopkins Ave CASE TYP: Temporary Use Permit STEPS:I—
OWN/APP: The Brand/Harley Ba ADR 1205 S Galena St CIS/Z: Asoen/C0/81611 PHN: 970-920-1800
REP: same as owner ADR: C/S/Z: PHN:
FEES DUE: I S 1260 Due FEES RCVD: ISTAT: F
REFERRALS)
REF: — BYJ DUE:I
MTG DATE REV BODY PH NOTICED
F— F DATE OF FINAL ACl
CITY COUNCIL:
REMARKS PZ:
BOA.
CLOSED: �— BY:
DRAC:
PLAT SUBMITD: PLAT (BK,PG): ADMIN:
• Vill
MEMORANDUM
TO: Mayor and Council
FROM: Sarah Oates, Zoning Officer 54-'
THRU: Steve Barwick, City Manager jkv
Julie Ann Woods, Community Development Director
DATE: March 10, 2003
RE: 431 E. Hopkins, Caribou Alley, Temporary Use Permit
SUMMARY: The applicant, Harley Baldwin, is requesting a temporary use permit to legalize
the enclosure of Caribou Alley, which is considered required open space, for the duration of six
(6) months. The applicant will then seek a waiver from the open space requirements from the
Historic Preservation Commission if and when the Infill Code Amendments are approved as
proposed (as it relates to historic properties and required open space).
Under Section 26.450, City Council may approve temporary uses for up to 180 days. Staff is
recommending approval of the temporary use from March 10, 2003 to September 10, 2003 with
conditions.
PREVIOUS COUNCIL ACTION: City Council reviewed and approved the redevelopment of
the Collins Block in 1989 which included GMQS and Subdivision approval.
BACKGROUND: The applicant was required to provide 25% open space when the Collins
Block was redeveloped. In 1994, the Historic Preservation Commission (HPC) approved a
seasonal canopy for Caribou Alley. The canopy was to be nylon and installed from Memorial
Day to October 15"' of each year. Over the last several years, the canopy structure has been up
year round and doors have occasionally been attached to the front the building during busier
times of year. Staff has been working on bringing the building into compliance with the Aspen
Municipal Code and it was not until recently that Staff knew exactly what HPC had approved in
1994 (the approval was in minutes and not done via a resolution).
Currently, the code requires that open space be "open to the sky" and Caribou Alley clearly does
not meet this standard.
DISCUSSION: Both Staff and the applicant would like to bring Caribou Alley into compliance.
The applicant is seeking a solution, which will allow for a better use of the space and believes a
waiver in open space is warranted. Staff finds that, because of the difficulty in removing the roof
structure, it is acceptable to allow for a temporary use to bring the building into compliance
while the applicant explores options with the HPC.
The applicant fully understands that the Infill Code Amendments have not been approved, that
there may be changes made to those amendments, and that approval by HPC within six (6)
months may not be possible.
RECOMMENDATION: Staff recommends approval of the requested temporary use with
conditions.
PROPOSED MOTION: "I move to approve Resolution NoA , Series of 2003, with the
following conditions, finding the review standards have been met:
l . The applicant will apply for a waiver from the open space requirements from HPC, if
said amendments have been approved prior to September 10, 2003.
2. If the amendments have not been approved, or if the application is denied, the
applicant will remove the roof and door structure from Caribou Alley, on or before
September 10, 2003, to bring the building in to compliance with the open space
requirements of the Aspen Municipal Code, Section 26.575.030."
CITY MANAGER COMMENTS:
Notes:
Exhibits:
A — Staff Findings
B — Letter from Applicant
2
Exhibit A
26.96.030 Criteria Applicable to all Temporary Uses
When considering a development application for a temporary use, 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 canopy is currently installed and covers the required open space for the Collins
Block. HPC approved a similar structure for summer seasonal use. The doors, used
occasionally, are clear plastic and the applicant seeks to use the doors during busy times
of the year.
B. The compatibility of the proposed temporary use with the character,
density and use structures and uses in the immediate vicinity.
Staff Finding:
Staff has received several complaints regarding this structure, from the Planning and
Zoning Commission and a handful of citizens, who are concerned about the lack of
compliance with the open space requirements. Staff finds that since the City is re-
evaluating the open space requirement and its function, the character and use
implications may cease to be issues.
C. The impacts of the proposed use on pedestrian and vehicular traffic and
traffic patterns, municipal services, noise levels, and neighborhood
character.
Staff Finding:
The canopy will not impact traffic patterns.
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 temporary use is for six (6) months. There has been no temporary
use approved for this parcel although HPC did approve a similar seasonal use.
E. The purposes and intent of the zone district in which the temporary use is
proposed.
Staff Finding:
The Commerical Core (CC) zone district is the most intensive zone district which allows
for retail, recreational and lodge uses.
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:
There are no changes in the surrounding land uses that would prohibit this operation.
G. How the proposed temporary use will enhance or diminish the general
public health, safety, or welfare.
Staff Finding:
The temporary use will not impact the public health, safety or welfare.
•
THE B RAND
February 13, 2003
Ms. Sarah Oates
Zoning Officer
City of Aspen
Dear Sarah:
Over Caribou Alley is a canopy. I hope to get it approved under the
new regulations that are going thru the city. Everyone seems to
agree that "open Space" does not always work, particularly a small
north facing space in the middle of a block.
We tried trees, flowers, outside tables and a cafe. It is a space that
does not want to be a "pedestrian piazza."
As the new regulations haven't passed, I would like to ask for a
temporary permit from the City Council for six months. After that I
hope to go to HPC for approval.
The history of the space was that it was the "yard" of the old
hardware store. It was always commercial and should have never
been open space.
Thank you for your consideration.
Harley Baldwin
205 S. GALENA ASPEN, COLORADO 81611
970,920.1800 FAX 970.920.3602
130 S. Galena St.
Aspen CO 81611
(970) 920-5090
(970) 920-5439, fax
M40�
To:
Harley Baldwin
From:
Sarah Oates, Zoning Officer
Fax:
920-3602
Pages:
2
Phone:
Date:
February 14, 2003
Re:
Public Notice Information
CC:
❑ Urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle
• Comments: Attached is the public notice which needs to be mailed to neighbors
within 300' of the property. Bridgette Dolan in GIS (920-5453) can provide you with
the mailing labels. Also, a public notice sign needs to be posted and those are
available at Community Development. The sign must be up and letters mailed on or
before February 23, 2003.
Thanks for you prompt attention to this matter. Hopefully with can get everything
resolved. Let me know if you have any questions at 920-5441. Thanks.
•
C]
PUBLIC NOTICE
RE: TEMPORARY USE REQUEST FOR ENCLOSURE OF REQUIRED OPEN
SPACE, 431 E. HOPKINS A/K/A CARIBOU ALLEY
NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, March 10, 2003, at
a meeting to begin at 5:00 p.m. before the Aspen City Council, Council Chambers, 130 S. Galena
Street, to consider an application submitted by Harley Baldwin requesting approval of a temporary
use to allow for the enclosure of the required open space known as Caribou Alley for six (6)
months. The property is located at 431 E. Hopkins Avenue. The property is legally described as
Lot F, Block 88, City and Townsite of Aspen. For further information, contact Sarah Oates at the
City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO (970) 920-
5441, saraho(a,ci.aspen.co.us.
S/Helen Kalin Klanderud, Mayor
Aspen City Council
Published in the Aspen Times on February 22, 2003
City of Aspen Account
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PUBLIC NOTICE
RE: TEMPORARY USE REQUEST FOR IrNC7.OSURE, OF REQ171RED OPEN
SPACE, 431 E. HOPKINS A/K/A CANIBOU ALLEY
NOTICE IS HEREBY GIVEN that a public hearing Will beheld on Monday, March 10, 2003, at
a meeting to begin at 5:00 p.m. before the Aspen City Council, Council Cliambets, 130 S. Galena
Street, to consider an gplication submitted by Harley Daldwui requesting approvul of a wrnporary
use to allow for the enclosure of the required open space known as Caribou Alley for six (6)
months. The property is located at 431 E. Hopkins Avenue, The property is legally described as
Lot F, Block 88, City ai d Townsite of Aspen. For further information, contact Smah Gates at the
City of Aspen C+onununity DeNclopment Department, 130 S. Galena St., Aspeaa, CO (970) 920-
5441, saraho(c�ci.aspen.co.us.
S/Helen Malin Manderud, Mayor
Aspen City Council
Published in the Aspen Timcs on February 22, 2003
City of Aspen Accowit
•
•
ATTACHMENT 7
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY: 7�/ /6�
61, Aspen, CO
SCHEDULED PUBLIC HEARING DATE:,!% ,741 /1 .20Q 3
STATE OF COLORADO )
ss.
County of Pitkin )
I, L� J'42 Z 4� �� / Q �_- (name, please print)
being or representing an Applicant to the City of Aspen, Colorado, hereby personally
certify that I have complied with the public notice requirements of Section 26.304.060
(E) of th 'spen Land Use Code in the following manner:
Publication of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fifteen (15)
d s prior to the public hearing. A copy of the publication is attached hereto.
Posting of notice: By posting of notice, which form was obtained from the
Community Development Department, which was made of suitable,
waterproof materials, which was not less than twenty-two (22) inches wide
and twenty-six (26) inches high, and which was composed of letters not
less than one inch in height. Said notice was posted at least fifteen (15) days
prior to the public hearing and was continuously visible from the_ne'�dtay of
L#42, 200-3 , to and including the date and time of the public
hearing. A ph tograph of the posted notice (sign) is attached hereto.
Mailing of notice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to
the public hearing, notice was hand delivered or mailed by first class postage
prepaid U.S. mail to any federal agency, state, county, municipal government,
school, service district or other governmental or quasi -governmental agency that
owns property within three hundred (300) feet of the property subject to the
development application. The names and addresses of property owners shall be
those on the current tax records of Pitkin County as they appeared no more than
sixty (60) days prior to the date of the public hearing. A copy of the owners and
governmental agencies so noticed is attached hereto.
(continued on next page)
v
Rezoning or text amendment. Whenever the official zoning district map is in
any way to be changed or amended incidental to or as part of a general revision
of this Title, or whenever the text of this Title is to be amended, whether such
revision be made by repeal of this Title and enactment of a new land use
regulation, or otherwise, the requirement of an accurate survey map or other
sufficient legal description of, and the notice to and listing of names and
addresses of owners of real property in the area of the proposed change shall
be waived. However, the proposed zoning map has been available for public
inspection in the planning agency during all business hours fo een (15) days
prior to the public hearing on such amendment
Signature
The foregoin "Affidavit of Notic " was acwledged fore me this I day
of , 200j , by (�i/�Ic�/!1 Jf0/C
WITNESS MY HAND AND OFFICIAL SEAL
ATTACHMENTS:
COPY OF THE PUBLICATION
PHOTOGRAPH OF THE POSTED NOTICE (SIGN)
LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED
BYMAIL
ATTACHMENT 7
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY: Aspen, CO
SCHEDULED PUBLIC HEARING DATE: 20
STATE OF COLORADO )
Ss.
County of Pitkin )
I, ' (name, please print)
being ol representing an Appli ant to the City of Aspen, Colorado, hereby personally
certify that I have complied with the public notice requirements of Section 26.304.060
(E) of the Aspen Land Use Code in the following manner:
Publication of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fifteen (15)
days prior to the public hearing. A copy of the publication is attached hereto.
Posting of notice: By posting of notice, which form was obtained from the
Community Development Department, which was made of suitable,
waterproof materials, which was not less than twenty-two (22) inches wide
and twenty-six (26) inches high, and which was composed of letters not
less than one inch in height. Said notice was posted at least fifteen (15) days
prior to the public hearing and was continuously visible from the _ day of
, 200_, to and including the date and time of the public
hearing. A photograph of the posted notice (sign) is attached hereto.
Mailing of notice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to
the public hearing, notice was hand delivered or mailed by first class postage
prepaid U.S. mail to any federal agency, state, county, municipal government,
school, service district or other governmental or quasi -governmental agency that
owns property within three hundred (300) feet of the property subject to the
development application. The names and addresses of property owners shall be
those on the current tax records of Pitkin County as they appeared no more than
sixty (60) days prior to the date of the public hearing. A copy of the owners and
governmental agencies so noticed is attached hereto.
(continued on next page)
Rezoning or text amendment. Whenever the official zoning district map is in
any way to be changed or amended incidental to or as part of a general revision
of this Title, or whenever the text of this Title is to be amended, whether such
revision be made by repeal of this Title and enactment of a new land use
regulation, or otherwise, the requirement of an accurate survey map or other
sufficient legal description of, and the notice to and listing of names and
addresses of owners of real property in the area of the proposed change shall
be waived. However, the proposed zoning map has been available for public
inspection in the planning agency during all business hours for fifteen (15) days
prior to the public hearing on such amendments. r,
1}gnaiure
ST
The fore oing "Affidavit of Notice" was acknowledged before me thi . day
of � , 2003, by ��s
PUBLIC NOTICE
RE: TEMPORARY USE REQUEST FOR ENCLOSURE
OF REQUIRED OPEN SPACE, 431 E. HOPKINS
A/K/A CARIBOU ALLEY
NOTICE IS HEREBY GIVEN that a public hearing
will be -held on Monday, March 10, 2003, at a
meeting to begin at 5:00 p.m. before the Aspen
City Council, Council Chambers, 130 S. Galena
Street, to consider an application submitted by
Harley Baldwin requesting approval of a tempora-
ry use to allow for the enclosure of the required
open space known as Caribou Alley for six (6)
months. The property is located at 431 E. Hop-
kins Avenue. The property Is legally described as
Lot F. Block 88, City and Townsite of Aspen.
For further inforrr_ation, contact Sarah Oates at
the City of Aspen Community Development De-
partment, 130 S. Galena St., Aspen, CO (970) 920-
5441, saraho®ci.aspen.co.us.
s/Helen Kalin Klanderud, Mayor
Aspen City Council
Published in The Aspen Times on February 22,
2003.(0113)
WITNESS MY HAND AND OFFICIAL SEAL
My commission expires:
Notary Public
ATTACHMENTS:
COPY OF THE PUBLICATION
PHOTOGRAPH OF THE POSTED NOTICE (SIGN)
LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED
BYMAIL