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HomeMy WebLinkAboutcoa.lu.cu.132 W Main St.0007-04Akrdwood HsP Conditional Use 132 W Main — PIN 2735-12-4-77-002 Case 0007.2004.ASl.i' 10740 COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5090 City of Aspen Land Use: 131041 Deposit 131042 Flat Fee 131043 HPC 131046 Zoning and Sign Referral Fees: 151163 City Engineer 251205 Environmental Health 237001 Housing Building Fees: 211071 Board of Appeals 211072 Building Permit 211073 Electrical Permit 211074 Energy Code Review 211075 Mechanical Permit 211076 Plan Check 211077 Plumbing Permit 211078 Reinspection 211079 Aspen Fire Other Fees: 111006 Copy 111165 Remp Fee 601303 GIS Fee 231480 Housing Cash in Lieu 111165 Open Space Cash in Lieu Park Dedication Parking Cash in Lieu School District Land Ded. Code Sales (Joint) Contractor Licensing (Joint) �'.:U TOTAL NAME: ADDRESS / PROJECT: J_l. PHONE: �'!• r L. CHECK# CASE/PERMIT#: / OF COPIES: DATE: INITIAL: 0 40 City of Aspen Community Development Dept. CASE NUMBER 0007.2004.ASLU PARCEL ID# 2735-12-4-77-002 CASE NAME HARDWOOD HOUSE CONDITIONAL USE PROJECT ADDRESS 132 WEST MAIN ST STE B PLANNER JAMES LINDT CASE DESCRIPTION CONDITIONAL USE REPRESENTATIVE STEVE HAJDU 948-2522 DATE OF FINAL ACTION 04/17/04 CITY COUNCIL ACTION PZ ACTION ADMIN ACTION DEVELOPMENT ORDER 4/17/04 BOA ACTION DATE CLOSED 4/27/04 BY D DRISCOLL �7 • DEVELOPMENT ORDER of the City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three-year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site specific development plan as described below. Hardwood House, LLC, PO Box 12170, Basalt, CO 81612 Property Owner's Name, Mailing Address and telephone number Unit B, of the Ajax View Commercial Condominiums Legal Description and Street Address of Subject Property Conditional Use Approval for a Furniture Store Written Description of the Site Specific Plan and/or Attachment Describing Plan Planning and Zoning Commission Resolution No. 10, Series of 2004, 4/6/04 Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) 17.2004 Effective Date of Development Order (Same as date of publication of notice of approval.) April 18, 2007 Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) Issued this 17th day of April, 2004, by the City of Aspen Community Deyqlopment Director. Ann Woods, Community Development Director 0 PUBLIC NOTICE Of DEVELOPMENT APPROVAL Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: Unit B, of the Ajax View Commercial Condominiums, by resolution of the Planning and Zoning Commission numbered 10, Series of 2004. The Applicant received conditional use approval to operate a furniture store/showroom at 132 W. Main Street. For further information contact Julie Ann Woods, at the Aspen/Pitkin Community Development Dept. 130 S. Galena St, Aspen, Colorado (970) 920-5090. s/ City of Aspen Publish in The Aspen Times on April 17, 2004 MEMORANDUM TO: Aspen Planning and Zoning Commission THRU: Joyce Allgaier, Deputy Directof-, h FROM: James Lindt, Planner:YL 41, ro Chu= ct s RE: 132 W. Main Street Conditional Use for Furniture Store -1 C© MAA1 350u(020-CO(aAY DATE: April 6, 2004 -i',.� � i7 APPLICANT: Hardwood House, LLC LOCATION: 132 W. Main Street ZONING: Office Zone District REVIEW PROCEDURE: Conditional Use: The Planning and Zoning Commission shall by resolution approve, approve with conditions, or deny a development application for a conditional use, after reviewing a recommendation by the Community Development Director. IV', CCR ec�� PROPOSED LAND USE: Furniture Store/Showroom Hearing STAFF RECOMMENDATION: Approval with Conditions SUMMARY: The Applicant has requested approval of a conditional use to operate a furniture store/showroom at 132 W. Main Street. The Office Zone District in which this property is located allows for a furniture store as a conditional use in structures that are listed on the Aspen Inventory of Historic Sites and Structures. The property is designated on the Aspen Inventory of Historic Sites and Structures. PROPOSED OPERATIONS: The proposed furniture store would sell high -end furnishings that would include bedroom sets, dining sets, pool tables, office desks, and console tables. The Applicant has proposed to operate the showroom Monday thru Saturday between the hours of 10 AM and 6 PM, and on Sunday between the hours of noon and 5 PM. Additionally, the Applicant proposes to accommodate the customers that come by vehicle in the eleven parking spaces that exist off of the alley, which are designated for the general use of the building's tenants on a first come, first serve basis. STAFF COMMENTS: USE: As an incentive of historic designation, historically designated properties in the Office Zone District are allowed to house certain commercial uses as long as the operating characteristics of these commercial uses are appropriate and the impacts are properly mitigated. That being the case, Staff agrees with the Applicant's contention that the proposed furniture store use enhances the mix of uses along Main Street as long as certain conditions are enacted to regulate the operating characteristics. Additionally, Staff feels that the furniture store may add some additional vitality to the western portion of Main Street in the same manner that we anticipate the previously approved frame shop (approved by the Planning and Zoning Commission on March 16, 2004) will. Moreover, the mix of uses along Main Street in the Office Zone District is extremely diverse. These uses include an antique store, a hair salon, several restaurants, several lodging establishments, and many professional business offices. Moreover, this specific space is better equipped to house a commercial use than most on Main Street in that it has housed a variety of commercial uses in the past, including a restaurant. TRASH: A commercial dumpster exists in the alley for use by tenants of the building. The Applicant does not anticipate that the proposed use will generate a significant amount of trash other than the occasional waste shipping materials. Staff agrees with the Applicant's contention that the proposed showroom will not generate a significant amount of trash. Therefore, Staff is not overly concerned about the trash disposal associated with the proposed use. PARKING: As was previously mentioned, the Applicant proposes to utilize eleven (11) of the sixteen (16) on -site parking spaces to accommodate the proposed use. These eleven (11) on -site parking spaces are not to be designated for the sole use of the proposed furniture store, but are designated for use by customers of the building on a first come, first serve basis. The other uses in the building include offices and an apartment on the upper floor. It is Staffs understanding that the other five (5) on -site parking spaces are specifically designated for existing tenants of the building. Nonetheless, Staff feels that parking will not be of significant concern given that the Office Zone District only requires approximately three (3) on -site parking spaces for a retail establishment of the size that is proposed. Staff feels that sufficient on -site parking exists to accommodate the proposed use. GMQS IMPLICATIONS: In reviewing the GMQS implications of the proposal, the Applicant is not proposing to add net leasable square footage since the space currently contains an office use, which already counts towards net leasable floor area by definition of the City Land Use Code. Moreover, the proposal does not require a GMQS exemption for a change in use because the previous office use and the proposed commercial use are considered to be in the same use category for purposes of determining whether a change in use is required pursuant to Land Use Code Section 26.470.070(F), Change in use. Therefore, Staff believes that no employee housing mitigation is required to convert the existing office space into a furniture store. MAXIMUM SIZE REGULATIONS: The City Land Use Code provides limitations on the size of certain commercial uses. That being the case, furniture stores are allowed a maximum square footage of 12,000 square feet pursuant to Land Use Code Section 26.575.070(D), Use square footage limitations. Thus, given that the space subject to this application is less than 1,000 square feet, Staff believes that the proposal is in compliance with the use -size limitations. RECOMMENDATION: Staff recommends the Planning and Zoning Commission approve the proposed conditional use to operate a furniture store/showroom at 132 W. Main Street with the conditions set forth in the attached resolution. RECOMMENDED MOTION: "I move to approve Resolution No. /Q, Series of 2004, approving a conditional use, with conditions, to operate a furniture store/showroom at 132 W. Main Street, Unit B, of the Ajax View Commercial Condominiums, City and Townsite of Aspen." ATTACHMENTS: Exhibit "A"- Review Criteria and Staff Responses Exhibit `B"- Application Exhibit "C"- Vicinity Map RESOLUTION NO. JC) (SERIES OF 2004) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING A CONDITIONAL USE TO OPERATE A FURNITURE STORE/SHOWROOM AT 132 WEST MAIN STREET, UNIT B, AJAX VIEW COMMERCIAL CONDOMINIUMS, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID#2735-124-77-002 WHEREAS, the Community Development Department received an application from Hardwood House, LLC, requesting and a conditional use approval to operate a furniture store/showroom at 132 W. Main Street; and, WHEREAS, pursuant to Section 26.710.330(C)(1) of the Land Use Code, the Office Zone District allows for shop craft industry and furniture stores as conditional uses in historically designated structures; and, WHEREAS, 132 W. Main Street is located in the Office Zone District and is designated on the Aspen Inventory of Historically Designated Sites and Structures; and, WHEREAS, pursuant to Section 26.425 of the Land Use Code, the Aspen Planning and Zoning Commission may approve, approve with conditions, or deny a conditional use request during a duly noticed public hearing after considering comments from the general public, a recommendation from the Community Development Director, and recommendations from relevant referral agencies; and, WHEREAS, the Community Development Department reviewed the application and recommended approval with conditions; and, WHEREAS, during a duly noticed public hearing on April 6, 2004, the Planning and Zoning Commission approved, by a _ to _ (_-_) vote, a conditional use request to operate a furniture store/showroom at 132 W. Main Street, with the conditions contained herein; and, WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, the Aspen Planning and Zoning Commission finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION as follows: 171 Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the conditional use request to operate a furniture store/showroom at 132 W. Main Street is hereby approved subject to the following conditions. The Applicant shall offer free bus passes to employees of this establishment that live outside of Aspen as was offered in the application. 2. The Applicant shall apply for and obtain a sign permit from the Community Development Department prior to erecting any commercial signage. All commercial signage shall meet the City of Aspen sign guidelines pursuant to Land Use Code Section 26.510, Signs. The Applicant shall apply for and obtain a City of Aspen Business license prior to commencing commercial operations. Section 2: This Resolution shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 3: If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED by the Commission at its regular meeting on April 6, 2004. APPROVED AS TO FORM: PLANNING AND ZONING City Attorney ATTEST: Jackie Lothian, Deputy City Clerk COMMISSION: Jasmine Tygre, Chair 9 0 REVIEW CRITERIA & STAFF FINDINGS EXHIBIT A 132 W. MAIN STREET CONDITIONAL USE 26.425.040 Standards applicable to all conditional uses. When considering a development application for a conditional use, the Planning and Zoning Commission shall consider whether all of the following standards are met, as applicable. A. The conditional use is consistent with the purposes, goals, objectives and standards of the Aspen Area Community Plan, with the intent of the zone district in which it is proposed to be located, and complies with all other applicable requirements of this Title; and Staff Finding Staff believes that the proposed conditional use is compatible and complementary to the surrounding uses and the objectives of the Aspen Area Community Plan. Staff feels that the proposed request is consistent with the AACP goals related to economic sustainability in that the Applicant is taking an empty office space on Main Street and is hopefully converting it into a viable business that will bring added vitality to Main Street and the Office Zone District. Moreover, Staff feels that the request is consistent with the Historic Preservation Benefits that allow for certain types of commercial uses in historically designated structures as a benefit of historic designation. Staff believes this criterion is met. B. The conditional use is consistent and compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or enhances the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development; and Staff Finding Staff believes that the proposed use is complimentary to the uses in the immediate vicinity. The western portion of Main Street contains an eclectic mix of uses that include restaurants, professional offices, lodges, dance studios, single-family residences, and existing retail uses. That being the case, Staff feels that this additional retail establishment may aid in bringing added vitality to this portion of Main Street. Staff finds this criterion to be met. C. The location, size, design and operating characteristics of the proposed conditional use minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding properties; and Staff Finding As was discussed earlier in the memorandum, Staff feels that sufficient on -site parking and trash disposal exists to accommodate the proposed use. Moreover, in reviewing the characteristics of the proposed use, Staff does not is anticipate the use to generate excessive noise, vibrations, or odor on surrounding properties. Therefore, Staff finds this criterion to be met. D. There are adequate public facilities and services to serve the conditional use including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools; and Staff Finding Staff believes that there are adequate public facilities in the vicinity to serve the proposed use. This property is served by Main Street to the south and an alley to the north. Moreover, the structure already contains public water and sanitary services and is located in relatively close proximity to the police and fire stations. Staff finds this criterion to be met. E. The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use; and Staff Finding As was addressed previously in the memorandum, the Applicant is not proposing to add net leasable square footage since the space currently contains an office use, which already counts towards net leasable floor area by definition of the City Land Use Code. Moreover, the proposal does not require a GMQS exemption for a change in use because the previous office use and the proposed commercial use are considered to be in the same use category for purposes of determining whether a change in use is required pursuant to Land Use Code Section 26.470.070(F), Change in use. Therefore, Staff believes that no employee housing mitigation is required to convert the existing office space into a furniture store. Staff finds this criterion not to b applicable to this application. • • erA I,b)*, 1 °8„ ATTACHMENT 2 —LAND USE APPLICATION APPLICANT: Name: {-�F, ctS� nt�` � ZY4�- Location:��r< L3 ; (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) 'q ('c k .. REPRESENTATIVE: Name: fc -t k 4 1 1) L �_ Address: PC? 1 �- ; ��i .L -) L' 1^ '�-o it I Phone #: "� .. !I PROJECT Name: 15Q W,1_54 Wl_ , i r�' 6 , —� '��c� z ✓ i Address: :S'n Phone #: J 743 — e7_ `if- ZS J 9 TYPE OF APPLICATION: (please check all that apply): �] Conditional Use ❑ Conceptual PUD ❑ Conceptual Historic Devt. ❑ Special Review ❑ Final PUD (& PUD Amendment) ❑ Final Historic Development ❑ Design Review Appeal ❑ Conceptual SPA ❑ Minor Historic Devt. ❑ GMQS Allotment ❑ Final SPA (& SPA Amendment) ❑ Historic Demolition ❑ GMQS Exemption ❑ Subdivision ❑ Historic Designation ❑ ESA — 8040 Greenline, Stream ❑ Subdivision Exemption (includes ❑ Small Lodge Conversion/ Margin, Hallam Lake Bluff, condomimumization) Expansion Mountain View Plane ❑ Lot Split ❑ Temporary Use ❑ Other: ❑ Lot Line Adjustment ❑ Text/Map Amendment EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) dr-, A2 C— ' I -eh PROPOSAL: (description of proposed buildings, uses, modifications, etc.) Have you attached the following? FEES DUE: $J.� (.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 All plans that are larger than 8.5" x 11" must be folded and a floppy disk with an electronic copy of all written text (Microsoft Word Format) must be submitted as part of the application. CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY PLANNER: James Lindt, 920.5095 DATE: 2/18/04 PROJECT: 132 W. Main Street Conditional Use REPRESENTATIVE: OWNER: Steve Hajdu TYPE OF APPLICATION: Conditional Use for a Furniture Store DESCRIPTION: The Applicant would like to convert an existing office space into a furniture store, which is a conditional use in the Office Zone District in historic buildings. Land Use Code Section(s) 26.425 Conditional Uses 26.710.180 Office Zone District Review by: • Staff for completeness and recommendation. • DRC for technical considerations. • Planning and Zoning Commission. Public Hearing: Yes. Planning and Zoning Commission. Referral Agencies: Planning Fees: Planning Deposit ($1,310 for 6 hours of staff time) Total Deposit: $1310 (additional planning hours over deposit amount are billed at a rate of $220/hour) To apply, submit the following information: 1. Proof of ownership or letter of consent to apply from building owner. 2. Signed fee agreement. 3. Applicant's name, address and telephone number in a letter signed by the applicant which states the name, address and telephone number of the representative authorized to act on behalf of the applicant. 4. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 5. Total deposit for review of the application. 6. 10 Copies of the complete application packet and maps. 7. An 8 1/2" by I I" vicinity map locating the parcel within the City of Aspen. 8. Site Plan to show on -site parking situation. 9. Scaled Floor Plans showing the proposed use configuration within the existing structure. 10. A written description of the proposal and an explanation in written form of how the proposed development complies with the review standards relevant to the development application. Please include existing conditions as well as proposed. Please provide a written response to all criteria. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an applicatio for (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000) establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $ i 11 which is for 6_ hours of Community Development staff time, and if actual recorded coses exceed eed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of $205.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN APPLICANT By: Julie Ann Woods Community Development Director g:\support\forms\agrpavas.doc 1/10/01 By: Date: _ z- Zc:) Mailing Address: t'o 06'k I.� l-70 ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: /3�p icJ, ,� /f L_ln !ice, Applicant: NAs3,-V,--11c � � LL.e- Location: 1 '�Q t: o 4""rR..r SW .A--- -'R Zone District: Lot Size: Lot Area: (for the purpos6s of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: rl IDO --�' Proposed: Number of residential units: Existing: Proposed: Number of bedrooms: Existing: Proposed: Proposed % of demolition (Historic properties only):_ DIMENSIONS: Floor Area: Existing: 9FAllowable: Proposed: Principal bldg. height: Existing: Allowable: Proposed: Access. bldg. height: Existing: Allowable: Proposed: On -Site parking: Existing:_jJ0_Required: Proposed: % Site coverage: Existing: Required: Proposed. % Open Space: Existing: Required: Proposed. Front Setback: Existing: Required: Proposed: Rear Setback: Existing: Required: Proposed: Combined F/R: Existing: Required: Proposed: Side Setback: Existing: Required: Proposed: Side Setback: Existing: Required: Proposed: Combined Sides: Existing. Required: Proposed: Distance Between Existing Required: Proposed: Buildings Existing non -conformities or encroachments: /r. 2 Variations requested: /.1.3-1+- N M2i20i2004 11:59 BROOMFIELD MAIN 4 HOLDINGS MAIN • February 20, 2004 ■ 426 9. CORNER�TONF Mr. James Lindt City of Aspen 130 S. Galena Aspen, Colorado 81611 Dear Mr. Lindt: As an officer of the owner of'the real property located at 132 West Main Street, in Aspen, Colorado, I hereby consent to the submission and processing of the Hardwood House, LLC conditional use permit for 132 West Main Suite B. which accompanies this letter. Steve Hajdu will be the representative for Hardwood House, LLC relating to this application. Sbould you have any questions or comments, please do not hesitate to contact Steve at (970) 948-2522. Thank you for your consideration of this Application. Sincerely, 132 West Maim Associates, Inc. Patrick M. Donovan, Secretary/Treasurer 13' WEST MAIN STREET I ASPEN, CO 81612 TEL.- 970-920-2117 hardwoodhouse 1. 1" O N f , n: . t ': R f 2/20/2004 Conditional Use Permit Authorization Applicant: Hardwood House PO Box 12170 Aspen, CO 81612 970-963-0935 Authorized Representative: Steve Hajdu — Owner/Managing Member PO Box 12170 Aspen, CO 81612 970-948-2522 �.spen 1A P 1/2 i ii Scale in miles Not all roads may be sbown or named on map or listed in street guide. Some roads may be private, proposed or under construction. Maps by Chicago CartoGraphics "Vest ROD, Rd In ,Rd .P.,9 Rd 40311*10, 0, Hunter Toll Rd 0 CORD Cir A ad. 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Hardwood House, LLC PO Box 12170 Aspen, CO 81612 Existing Conditions The existing space at 132 West Main Street, Suite B contains 960 square feet of office space and is currently being leased by a real estate developer. All infrastructure, utilities, parking, entries, and sidewalks are in place. Hardwood House has negotiated a lease with the current landlord to rent the space for a new showroom. As per the current zoning, a conditional use permit is required to operate a furniture store. Hardwood House has been manufacturing high end custom furniture per original designs or designs supplied by customers, architects, and designers for the past 5 years. Example items include bedroom sets, dining tables and chairs, pool tables, office desks, and console tables. The manufacturing facility is located in Carbondale. Proposed Conditions Hardwood House is not requesting any changes to the location, size, design and operating characteristics of 132 West Main Street, Suite B. Existing sidewalks, entries, parking, and trash will have minimal to no impact on the surrounding properties once the real estate developer moves out. The space is approximately 960 square feet and has its own entry facing main street. It is our intent to develop the business by interacting with the existing businesses in the surrounding area. These businesses include JH Interior Design located on 220 West Main who is an existing Hardwood House customer. Due to the nature of the business, daily traffic will be minimal and will only require one sales employee. Parking Customers will have access to 16 off-street spaces for parking on the back and side of the building. Of the 16 off-street spaces, 5 are reserved. The other 11 are on a first come first serve until approximately 5:00 PM. After 5:00, the building is usually closed and all 16 will be available. The building is also closed on weekends and the parking spaces are normally empty. In addition, there is 2 hour parking on Main and 1s`. Most customer visits are estimated to be less than thirty minutes. Employees will park in one of the off-street spaces and will be offered a bus pass if they live down valley. Hours of Operation Showroom hours will be from Monday through Saturday between the hours of 10:00 am and 6:00 pm. Sunday hours will be from noon to 5:00 pm. Off season hours will be by appointment only. • • Page 2 February 20, 2004 Zoning Analysis 132 West main Street is zoned as Office — (0) based on information received by the City of Aspen. Conditional uses include but not limited to: Those structures that have received historic landmark designation: antique store, art studio, bakery, bed and breakfast, boarding house, broadcasting station, church, dance studio, florist, fraternal lodge, furniture store, mortuary, music studio, restaurant, shop craft industry, visual arts gallery; provided that (a) no more than two (2) such conditional uses shall be allowed in each structure, and (b) of -street parking is provided. There are currently no other conditional uses in the building. Thank you for your consideration in this request. Sincerely, Steve Hajdu Managing Member Hardwood House, LLC. Conditional Use Permit For 132 West Main Street, Suite B Submitted by Hardwood House, LLC. 26.425.040 Standards applicable to all conditional uses. When considering a development application for a conditional use, the Planning and Zoning Commission shall consider whether all of the following standards are met, as applicable. A. The conditional use is consistent with the purposes, goals, objectives and standards of the Aspen Area Community Plan, with the intent of the zone district in which it is proposed to be located, and complies with all other applicable requirements of this title; and The subject property is zoned as Office and is intended to provide for the establishment of offices and associated commercial uses in such a way to preserve the visual scale and character of former residential areas that are now adjacent to commercial and business areas and commercial uses along Main Street and other high -volume thoroughfares. The conditional use permit being requested by Hardwood House is incompliance with the Aspen Area Community Plan with respect to the operating characteristics of the business. The requested permit is to allow a showroom to promote/sell the companies unique furnishings to designers, architects, and homeowners. Part of the showroom will be used for meetings with neighboring businesses such as designers, real estate brokers, and developers. B. The conditional use is consistent and compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or enhances the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development; and Neighboring businesses to the subject property include JH Todd Interior Design (an existing customer of Hardwood House), Houston and Gorog Real Estate, Carol Dopkin Real Estate, Scott Alder Dentistry, The Hotel Aspen, and Tyrolean Lodge. The conditional use permit for Hardwood House is consistent and compatible with the surrounding land uses. It is also believed that an approved permit will enhance and compliment the surrounding businesses. C. The location, size, design and operating characteristics of the proposed conditional use minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding properties; and Hardwood House is not requesting any changes to the location, size, design and operating characteristics of 132 West Main Street, Suite B. Existing sidewalks, entries, parking, and trash will have minimal to no impact on the surrounding properties once the current tenant moves out. The operation of the proposed showroom will have no impact of the current delivery services, noise, vibrations, and odor on the surrounding properties. Conditional Use Permit For 132 West Main Street, Suite B Submitted by Hardwood House, LLC. D. There are adequate public facilities and services to serve the conditional use including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools; and An approved conditional use permit for Hardwood House will not impact the current public facilities and services that are already in place for 132 West Main, Suite B. E. The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use; and Applicant is exempt from providing affordable housing as per the historic building guidelines. The Community Development Director may recommend, and the Planning and Zoning Commission may impose such conditions on a conditional use that are necessary to maintain the integrity of the city's zone districts and to ensure the conditional use complies with the purposes of the Aspen Area Community Plan, this Chapter, and this Title; is compatible with surrounding land uses; and is served by adequate public facilities. This includes, but is not limited to imposing conditions on size, bulk, location, open space, landscaping, buffering, lighting, signage, off-street parking and other similar design features, the construction of public facilities to serve the conditional use, and limitations on the operating characteristics, hours of operation, and duration of the conditional use. ,Fwl ► d J 10 W. Main Vicinity*Aap / RANC�S'S i v i a 2 ❑ � O U W 2 � � 2 W.HgCC W -BC E r_ EKER'Si 2 2 f 2 W 4 Tyrolean L dge 174jjII► • !!n::!i`/.tom Aspen Renr 2 U oaraphics i pen Home Consign E.Ho a E\x Q =Q o ��E'HYngAN. � AVE _ J N 0 135 270 540 810 1.0 Feet i AGENDA ASPEN PLANNING AND ZONING COMMISSION REGULAR MEETING TUESDAY, APRIL 6, 2004 4:30 PM SISTER CITIES ROOM, CITY HALL I. COMMENTS A. Commissioners B. Planning Staff C. Public II. MINUTES III. DECLARATION OF CONFLICTS OF INTERESTS IV. PLANNING AND ZONING COMMISSION PUBLIC HEARINGS A. 132 W. MAIN STREET CONDITIONAL USE, James Lindt B. - 210 SESAME STREET 8040 GREENLINE REVIEW AND SPECIAL REVIEW FOR ATTACHED ADU, Sarah Oates V. BOARD REPORTS VI. ADJOURN ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: z� �C: �� , Aspen, CO 4 / SCHEDULED PUBLIC HEARING DATE: , 200 STATE OF COLORADO ) ) ss. County of Pitkin ) �� �, 1 I I� � C'� (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. L 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) • 0 Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map has been available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. Signature The foregoing "Affidavit of Notice" was ledged befo�e me this day of Y �(-_ --, , 200 J , by �t s PUBLIC NOTICE RE: 132 W. MAIN STREET CONDITIONAL USE RE- QUEST FOR A FURMTURE STORE/ SHOWROOM IN THE OFFICE ZONE L)ISTRICT NOTICE IS HFkEBY GIVEN that a public hearing will be held un Tuesday. April 6. 2(NW at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission. Sister Cities Room, City Hall. 130 S. Galena St., Aspen, to con- sider an application submitted by Hardwood House LLC, requesting approval of a conditional use request to operate a furniture store/ show- room in the Office Zone District. The property subject to the request is commonly known as 132 W Main Street and is legally described as Unit B, of the Ajax View Commercial Condominiums, City and Townsite of .Aspen. For further information, c.,ntact James Lindt at the City of Aspen Community Development De- partment, 130 S. Galena St., Aspen, CO, (970) 920- 5095, jamesl@ci.aspen.cc.us. s/Jasmine Tygre Chair. Aspen Planning and Zoning Commission Published in The Aspen Times on March 20, 2001 (1339) WITNESS MY HAND AND OFFICI.P My commission expires: Notary Public ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) SEAL Crjc-S o OF COO LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: �_�Q (Alf-4 M� , ,Si, e4e. \ , ,Aspen, CO SCHEDULED PUBLIC HEARING DATE: (p , 200_ STATE OF COLORADO ) ) SS. County of Pitkin ) I, 1_ gA 1 D Lk (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public.notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen t, fifteen (15) days prior to the public hearing. A copy of the publicatio arfdab Ithip Posting of notice: By posting of notice, which form w obtained froCommunity Development Department, which was ma of suitable, waterproof materials, which was not less than twenty- o (22) incheswid¢,t,, 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 A "day of � , r C , 200�, to and including the date and time of the public hearing..A. photograph of the posted notice (sign) is attached hereto. Marling 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) 4 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. The foregoing "Affidavit of Notic "was acknowledged before me thus dy of , j�({� , 200 , by nr c%.g g&A DLk WITNESS MY HAND AND OFFICIAL SEAL GGY US Q.�p Tq,9�•.�, mmission expires: �(• Q'b� Notaryollivia OF co�oP ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL Jam Free Printing is Use Avery® TEMPLATE 51608 www.avery.com AVERY(P' 51600 1-800-GO-AVERY 1� ASPEN CLINIC BLDG ORTH GRP LLC 100 E MAIN ST ASPEN, CO 81611 ASPENS MOLLY GIBSON LODGE LLC 101 W MAIN ST ASPEN, CO 81611 BROWN ANTHONY CIO VECTRA BANK-COMM LENDER 534 E HYMAN AVE ASPEN, CO 81611 CHISHOLM EDITH 112 INT 205 W MAIN ST ASPEN. CO 81611 CRAWFORD RANDALL & ABIGAIL 124 N GARMISCH ST ASPEN. 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CO 81656 KETTELKAMP GRETTA M 3408 MORRIS AVE PUEBLO, CO 81008 LISS ARTHUR 250 MARTIN ST STE 100 BIRMINGHAM, MI 48009-3383 MARCIANO JAMES L PO BOX 216 THREE BRIDGES, NJ 08887 Aa3AV-09-008-1 00915 31VIdW31®tieAV asD ®0915 SAM3AV w03'ti8ne'AAAAAA 6ui;uud aaj j uie{ Jam Free Printing 0 www.avery.com • AVERYO 5160M Use Avery® TEMPLATE 51604D i� 1-800-60-AVERY Q MELTON DAVID MONMOUTHSHIRE INVESTMENT LLC NEWKAM CLAIRE M 135 W MAIN ST 112 N FIRST ST #C PO BOX 2808 ASPEN, CO 81611 ATTN: BART & OTTEN JOHNSON ASPEN, CO 81612 ASPEN, CO 81611 PARDUBA JIRI PIETRZAK FAMILY LTD PARTNERSHIP PRICE DOUGLAS L AND VALERIE PO BOX 9903 COLORADO LTD PARTNERSHIP 8611 MELWOOD RD ASPEN, CO 81612 1796 E SOPRIS CREEK RD BETHESDA, MD 20817 BASALT. CO 81621 SAUNDERS MARGARET W 231 ENCINO AVE SAN ANTONIO, TX 74609 SHAFIR EPSTEIN REV TRUST 2124103 38 BIGELOW AVE MILL VALLEY, CA 94941 TYROLEAN LODGE LLC 200 IN MAIN ST ASPEN, CO 81611 ZATS JULIE 118 N GARMISCH ASPEN, CO 81611 SCHELLING RONALD L & LORI L PO BOX 343 PLAINFIELD, IL 60544-0343 SILVERSTEIN PHILIP SILVERSTEIN ROSALYN 25 KNOLLS CRESCENT BRONX, NY 10463 WEESE KATE B IRV TRST 2 314 W WILLOW RD CHICAGO, IL 60614 SEVEN SEAS INVESTMENT LLC 1017 ELMWOOD AVE WILMETTE.IL 60091 STEVENS BRUCE 95.75% 214 W BLEEKER ST ASPEN, CO 81611 WILLE O LOUIS & FRANCES LYNETTE 32% INT 200 W MAIN ST ASPEN, CO 81611 AH3AV-09-008-L ®09LS 31VIdW31®tiaw asD ®09LS QAl-MAC wo3-AjaAe•AnAAm 6ui;wJd aOIJ wer