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Home My WebLink Aboutcoa.lu.ex.GAP 204 S Galena St.A39-92` Colorado Cable 0. GMQS Exempt. A39-92 4 X 3Fj-g� ASPEN/PITKIN PLANNING OFFICE 130 South Galena Street Aspen, Colorado 81611 (303) 920-5090 LAND USE APPLICATION FEES City 00113 -63250-134 GMP/CONCEPTUAL -63270-136 GMP/FINAL -63280-137 SUB/CONCEPTUAL -63300-139 SUB/FINAL -63310-140 ALL 2-STEP APPLICATIONS -63320-141 ALL 1-STEP APPLICATIONS/ K. CONSENT AGENDA ITEMS REFERRAL FEES: 00125 -63340-205 ENVIRONMENTAL HEALTH 00123 -63340-190 HOUSING 00115 -63340-163 ENGINEERING SUBTOTAL County 00113 -63160-126 GMP/GENERAL -63170-127 GMP/DETAILED -63180-128 GMP/FINAL -63190-129 SUB/GENERAL -63200-130 SUB/DETAILED -63210-131 SUB/FINAL -63220-132 ALL 2-STEP APPLICATIONS -63230-133 ALL 1-STEP APPLICATIONS CONSENT AGENDA ITEMS -63450-146 BOARD OF ADJUSTMENT REFERRAL FEES: 00125 -63340-205 ENVIRONMENTAL HEALTH 00123 -63340-190 HOUSING 00113 -63360-143 ENGINEERING PLANNING OFFICE SALES 00113 -63080-122 CITY/COUNTY CODE -63090-123 COMP. PLAN -63140-124 COPY FEES -69000-145 OTHER SUBTOTAL TOTAL4r Name: a6„_ i�� r.r�dv -� Phone % Address: l j C 3c)S- ProjectrSi,G .! Check # _ _j_ /„ Date: Copies received: 1�ofHo�rs: CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: 5 pill 92 PARCEL ID AND CASE NO. DATE COMPLETE: - - - A39-92 STAFF MEMBER • KJ PROJECT NAME: Colorado Cable Co. GMOS Exemption Project Address: 204 South Galena St. Legal Address: 204 South Galena St., Aspen, CO 81611 APPLICANT: Colorado Cable Co. Applicant Address: 204 South Galena St, Aspen, CO 81611 REPRESENTATIVE: Gideon I. Kaufman, 315 E. Hyman, Suite 305 Representative Address/Phone: PO Box 10001 Aspen, CO 81611 925-8166 PAID:(YES) NO AMOUNT: $200 NO. OF COPIES RECEIVED 2 / TYPE OF APPLICATION: 1 STEP: X 2 STEP: P&Z Meeting Date PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO CC Meeting Date PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO Planning Director Approval: Paid: Insubstantial Amendment or Exemption: Date: REFERRALS: City Attorney Mtn Bell City Engineer Parks Dept. Housing Dir. Holy Cross Aspen Water Fire Marshall City Electric Building Inspector Envir.Hlth. Roaring Fork Aspen Con.S.D. Energy Center DATE REFERRED: ------------------------- FINAL ROUTING: School District Rocky Mtn NatGas State HwyDept(GW) State HwyDept(GJ) Other INITIALS: DATE ROUTED: INITIAL City Atty City Engineer Zoning Env. Health Housing Other: FILE STATUS AND LOCATION: MEMORANDUM TO: Bill Drueding, Zoning FROM: Kim Johnson, Planning DATE: May 12, 1992 RE: 204 S. Galena - Colorado Cable Co. (The Gap) - GMQS Exemption for Basement Expansion for Storage (Director's Approval) Summary: Staff recommends approval of GMQS Exemption for the expansion of 3,750 s.f. of basement for storage area for use only by the tenants of the 204 S. Galena building. Applicant: Colorado Cable Co. (The Gap), represented by Gideon Kaufman and Glen Horn Location: Lots A,B and C, Block 94 Townsite of Aspen. The parcel is zoned CC Commercial Core. Request: During demolition of the existing building, the applicant has determined that additional storage in the basement of the replacement structure will lessen numbers of deliveries to the store. According to the application, 1,500 s.f. of existing basement was formerly used for retail purposes. The project must formally be granted GMQS Exemption for the 3,750 s.f. basement expansion in order to amend the building permit already issued for the site. See Attachment "A" for application letter and floor plans. Staff Comments: According to Section 24-8-104 A.1.d., the Planning Director shall exempt "the expansion of an existing commercial or office use in a building which does not increase its net leasable square footage." The definition of "Net Leasable" contained in Section 3-101 excludes "storage areas used solely by tenants of the site". The proposed expansion therefore is not net leasable area and GMQS Exemption shall be approved by the Planning Director. There are no other review criteria required for this proposal. Staff Recommendation: Staff recommends approval of Growth Management Exemption at 204 S. Galena for a 3,750 s.f. basement expansion for storage used solely by the tenants of the site. I hereby approve GMQS Exemption at 204 S. Galena for a 3,750 s.f. basement expansion for storage used solely by e tenants of the site. Diane Moore, Planning Director Dat • hWt#Arr LAW OFFICES my 1 GIDEON I. KAUFMAN A PROFESSIONAL CORPORATION GIDEON I. KAUFMAN BOX 10001 TELEPHONE 315 EAST HYMAN AVENUE, SUITE 305 AREA CODE 303 925-8166 ASPEN, COLORADO 81611 TELEFAX 925.1090 May 11, 1992 Ms. Kim Johnson, Planner Aspen/Pitkin County Planning Office HAND-DELIVEREED 130 South Galena Street Aspen, Colorado 81611 Re: Application for GMQS Exemption Dear Kim: Please consider this letter an application for GMQS exemption on behalf of Colorado Cable Company for expanding the existing basement space at 204 South Galena Street. Pursuant to §8-104A.1(d), we are requesting a Planning Director signoff for the exemption. We are expanding the existing 1,500 sq.ft. basement, formerly used for retail purposes, by 3,750 square feet, to be used solely for storage purposes. There will be no increase in the Floor Area Ratio of the structure by virtue of this addition, since all of the addition will be 100% below -grade. Therefore, we qualify for the GMQS exemption. All submission requirements for a building permit specified in §6-206 of the Aspen Municipal Code are on file with the Building Department. In fact, a building permit exists, and a change order will be filed simultaneously with this application. We have followed the advice contained in your May 8, 1992 letter, and the two remaining walls on the south and east sides of the building will be retained. Enclosed please find revised plans which show the new basement, a check for $200.00 to cover the fee, and a letter authorizing submission of this application on the owner's behalf. We have also enclosed for your review a statement of ownership prepared by Peter Moore, attorney at law, as well as other required information. While I appreciate the busy schedule at the Planning Office, whatever you could do to expedite this approval will be greatly appreciated. Very truly yours, LAW OFFICES OF GIDEON I. KAUFMAN, P.C., a Pr5r( in l oration By Gideo V aufman GK/bw Enclosures cc: Jerald Barnett cc: Glenn Horn • GIDEON I. KAUFMAN LAW OFFICES GIDEON I. KAUFMAN A PROFESSIONAL CORPORATION BOX 10001 315 EAST HYMAN AVENUE. SUITE 305 ASPEN, COLORADO 81611 May 11, 1992 Ms. Kim Johnson, Planner Aspen/Pitkin County Planning Office 130 South Galena Street Aspen, Colorado 81611 Re: Application for GMQS Exemption Dear Kim: TELEPHONE AREA CODE 303 925-8166 TELEFAX 925-1090 HAND-DELIVEREED Please consider this letter an application for GMQS exemption on behalf of Colorado Cable Company for expanding the existing basement space at 204 South Galena Street. Pursuant to §8-104A.1(d), we are requesting a Planning Director signoff for the exemption. We are expanding the existing 1,500 sq.ft. basement, formerly used for retail purposes, by 3,750 square feet, to be used solely for storage purposes. There will be no increase in the Floor Area Ratio of the structure by virtue of this addition, since all of the addition will be 100% below -grade. Therefore, we qualify for the GMQS exemption. All submission requirements for a building permit specified in §6-206 of the Aspen Municipal Code are on file with the Building Department. In fact, a building permit exists, and a change order will be filed simultaneously with this application. We have followed the advice contained in your May 8, 1992 letter, and the two remaining walls on the south and east sides of the building will be retained. Enclosed please find revised plans which show the new basement, a check for $200.00 to cover the fee, and a letter authorizing submission of this application on the owner's behalf. We have also enclosed for your review a statement of ownership prepared by Peter Moore, attorney at law, as well as other required information. While I appreciate the busy schedule at the Planning Office, whatever you could do to expedite this approval will be greatly appreciated. Very truly yours, LAW OFFICES OF GIDEON I. KAUFMAN, P.C., a Pr f s i n 1 poration By Gideo Kaufman GK/bw Enclosures cc: Jerald Barnett cc: Glenn Horn Clanahan, Tanner, Downing and Knowlton A PROFESSIONAL CORPORATION AT TORNEY S AT LAW Peter T. Moore January 24, 1992 Jed Caswe) l__� City At 6rney City Aspen 130 . Galena Street A en Colorado 81611 Re: Colorado Cable Company 202-204 So. Galena Aspen, Colorado Our File No. 02958.016 Dear Mr. Caswell: 1600 Broadway Suite 2400 Denver, Colorado 80202 Telephone: (303) 830.9111 FAX: (303) 830.0299 I represent Colorado Cable Company, A Colorado corporation ("Colorado Cable"). Colorado Cable's land use planner, Glenn Horn, asked me to write you to explain the nature of Colorado Cable's rights to develop the property located at 202-204 So. Galena Street, Aspen, Colorado (the "Property"). I am submitting this to you in connection with Colorado Cable's Development Application and to comply with the provisions of Section 6-202 (B)(3) of Aspen's Land Use Regulations. On December 31, 1986, Colorado Cable executed a long-term land lease for the Property with the Hopkins Street Investment Company, a Colorado general Partnership ( "11SIC") . This lease ( hereafter the "Master Lease") was recorded with the Pitkin County Clerk and Recorder's Office on January 2, 1987 at Book 527, pp. 409-425, and Reception No. 284960. A copy of the Master Lease is enclosed for your review. Because the recorded copy of the Master Lease may be difficult to read, I also enclose a retyped (but not signed) copy of the Master Lease that was provided to us by HSIC. In mid-1988, HSIC was dissolved and the individual former partners of the partnership now own the Property as tenants in common subject to the terms of the Master Lease. See g 38-35-109 (1 ) of the Colorado Revised Statutes; Cohen v. Thomas & Son Trans., 196 Colo. 386, 586 P.2d 39 (1978). The current fee owners of the Property are W.G. Bullock as to an undivided one-half interest, the Bullock Trust as to an undivided one -sixth interest, John E. McNulty and to an undivided one -sixth interest, Lavone Kay Staton as to an undivided one -twelfth interest, and Lois N. Hartman and to an undivided one -twelfth interest. 06.11an, Tanner, Downing and Kif,' Jed Caswell January 24, 1992 Page 2 Pursuant to the terms of Article XII of the Master Lease, Colorado Cable has the right to sublet the Property. Colorado Cable has sublet the Property to SportStalker under a lease which is scheduled to expire on April 30, 1992. Colorado Cable also has the right to develop the property without the need to obtain the consent of the fee owners of the Property. These rights are set forth in Article X of the Master Lease which provides in pertinent part: Tenant may make or permit to be made any alterations, additions, or changes to the Leased Premises, including demolition, remodelling, reconstruction, renovation, new construction (the foregoing collectively shall be referred to as Improvements) without the Landlord's Prior written consent . [emphasis added]. These provisions of the Master Lease establish Colorado Cable's rights to apply for the Development Application. Colorado Cable does not need the consent of the fee owner to allow this redevelopment. Nevertheless, as a courtesy, I have contacted Bill Bullock Jr. (the representative of the Bullock interests, which own a four -sixths interest of the Property), and he has assured me that his father and the Trust are completely behind Colorado Cable's plans to develop the Property. I have not yet contacted the other fee owners. For your reference, Mr. Bullock's telephone number in Glenwood is 945-1010 (w), and his office address is 930 Grand Avenue, Glenwood Springs, Colorado 81601. Colorado Cable Company is a Colorado corporation in good standing. A copy of its Articles of Incorporation are enclosed for your file. Lacy Fyrwald of Aspen is a vice -President and Treasurer of the corporation and is authorized to executed all documents necessary for Colorado Cable's Development Application. Should you have any questions regarding the foregoing, don't hesitate to call. Very truly yours, Peter T. Moore cc: Jerald M. Barnett (w/o enclosures) Bill Bullock (w/o enclosures) Glenn Horn (w/o enclosures),/ Casuell.Ltr/PTM/floppy LEGAL DESCRIPTION Lots A, B and C Block 94 City and Townsite of Aspen. is 1 � 111 LTIOMVNOW N3dSV IN r. I r _ D I _---�'---_�--___�'_---'�----■�--15 — N3dSV- 1 w = 1 1_ •. Io 'u " IO Y cr a F—^ I �iIPAD 1`WY 11 ' 9a 10 t 1'y WHtw 5w LHW HF Lb I • � . c c May 11, 1992 HAND-DELIVUEEp Ms. Kim Johnson, Planner Aspen/Pitkin county Planning Office 130 South Galena Street Aspen, Colorado 81611 Re: Authoriazation to Submit Land US* Application Dear Kim: Please oansider this letter as authorization for the submission of an application for GMQS exemption on behalf of Colorado Cable Company for expanding the existing basement space at 204 South Galena Street. Gideon Kaufman and Glenh Horn are authorized to submit this application on our behalf. Very truly yours, GABLE COMPANY CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY PROJECT • -14al! AS APPLICANT'S REPRESENTATIVE: REPRESENTATIVE'S PHONE: OWNER'S NAME: SUMMARY N 1. Type of Application:�L ►�-�'�! �� t!%> > 2. Describe action/type /of!,deevelo went being requested: 3. Areas is which Applicant has been requested to respond, types of reports requested: Policy Area/ Referral Accent Comments 07F Review is: (P&Z Only) (CC Only) (P&Z then to CC) Public Hearing: (YES) (NO) 6. Number of copies of the application to be submitted: #_�Z70 7. What fee was applicant requested to submit: 8. Anticipated date of submission: 9. COMMENTS/UNIQUE CONCERNS: frm.pre_app • • Gideon Kaufman 315 E. Hyman Aspen, CO. 81611 RE: The Gap Demolition Dear Gideon, May 8, 1992 The Planning staff discussed The Gap project this morning in the context of determining which GMQS Exemption process to follow. We concluded that Section 8-104 A.l.d. would apply for "the expansion of an existing commercial or office use in a building which does not increase its net leasable square footage." Dave Clancy, contractor for The Gap project, has picked up a GMQS Exemption application and is bringing it to you to complete and submit. During my chat with Dave, he mentioned that the two walls still remaining on the south and east sides of the building needed to be removed for structural reasons. If this were to happen, it would constitute a demolition of the building and reconstruction would require mitigation for affordable housing and parking as if the building were totally new construction as per the last sentence in Section 8-104 A.1.a.(1). I stressed to Dave the financial importance of retaining those walls. I wanted you to know of our discussion. The Planning Office is expecting the GMQS Exemption application soon, and will process it as quickly as possible. However, The Gap must understand that we have a overflowing work load and cannot guarantee a speedy completion date. Please call me if you have any questions about this letter. Sincerely, Kim Johnson Planner cc: Diane Moore, City Planning Director Gary Lyman, Chief Building Official Francis Krizmanich, Deputy Director of Zoning Bill Drueding, Zoning Official Jed Caswall, City Attorney • • MESSAGE DISPLAY TO Diane Moore cc Francis Krizmanich From: Kim Johnson Postmark: May 08,92 1:59 PM Status: Previously read Subject: The Gap Berlin walls cc Bill Drueding cc Kim Johnson Message: I spoke to the contractor just now and gave him a GMQS Exemption application to walk over to Gideon. I asked about the two remaining walls and he said they needed to come down. I warned him that that would be a VERY expensive thing to do based on our discussions this morning. I have a call in to Gideon to make sure he's gotten the appli. and understands about the total demo requirements. I will also write Gideon a quick note to clarify, and I'll cc Zoning and Building so we all can keep our eyes on this. CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY PROJECT: APPLICANT'S REPRESENTATIVE: REPRESENTATIVE'S PHONE:.�h� OWNER'S NAME: SUMMARY 1. Type of Application:l 2. Describe action/type of development being requested: GL�7�l-lLt.- 3. Areas is which Applicant has been requested to respond, types of reports requested: 6. 7. 8. 9. Policy Area/ Referral Agent Review is: (P&Z Only) Comments (CC Only) (P&Z then to CC) Public Hearing: (YES) (NO) Number of copies of the application to be sub 'tted: What fee was applicantrequested to submit: qu Anticipated date of submission: COMMENTS/UNIQUE CONCERNS: trm.pre app