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HomeMy WebLinkAboutcoa.lu.sr.Eriksen.024A84oar -1k mo ERICKSEN - Change in Use 4 Opp S . Hunter -5=� lZlQ r R CASELOAD SUMMARY S11PET City of Aspen �+C! CASE NO. STAFF: PROJECT NAME: rr4 "-e n S7,geC1,6j /� �� � � e- Z�L) Phone: APPLICANT:l REPRESENTATIVE: 19,ri Phone: TYPE OF APPLICATION: (FEE) I. GMP/SUBDIVISION/PUD (4 step) 1. Conceptual Submission ($2,730.00) 2. Preliminary Plat ($1,640.00) 3. Final Plat ($ 820.00) II. SUBDIVISION/PUD (4 step) 1. Conceptual Submission ($1,900.00) 2. Preliminary Plat ($1,220.00) 3. Final Plat ($ 820.00) III. EXCEPTION/EXEMPTION/REZONING (2 step) ($1,490.00) IV. SPECITL REVIEW (1 step) E.:0::0)0 1. Special Review /A 2. Use Determination 3. Conditional Use f 1 4. Other: P&Z MEETING DATE: �`�"`S�0 1 CC MEETING DATE: DATE REFERRED:-7 Z P • A REFERRALS: - V City Attorney Aspen Consol. S.D. City Engineer Mountain Bell y /Housing Director Parks Dept. Aspen Water Dept. Holy Cross Electric City Electric Fire Marshall Environmental Hlth. Fire Chief FINAL ROUTING: City Attorney Other: City Engineer Other: School District Rocky Mtn. Natural Gas State Hwy Dept. (Glenwood) State Hwy Dept. (Grd. Jctn) Building Dept. Other: DATE ROUTED: �>a7 It) Building Dept. 61 FILE STATUS AND LOCATION: 'Los DISPOSITION: CITY P&Z REVIEW: `�! ; i ' 4?<i c_, �\' t J7� �, n r l ' 1 i (' !, 1-44 I Ix k 0 CITY COUNCIL REVIEW: Ordinance No. CITY P&Z REVIEW: CITY COUNCIL REVIEW: Ordinance No. CITY P&Z REVIEW: CITY COUNCIL REVIEW: Ordinance No. 0 • MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Colette Penne, Planning Office RE: Eriksen - Change in Use GMP Exemption DATE: August i , 1984 LOCATION: 405 S. Hunter (East 29 feet and Townsite of ZONING: CC APPLICANT'S REQUEST: 8-3/4 inches of Lot I, Block 96, City Aspen) The applicant is requesting exemption from Growth Management competition to change the use of a 502 s.f. one -bedroom residential unit to commercial space. PLANNING OFFICE REVIEW: The applicant, Stein Eriksen, has an existing lease with W.D. Hancock & Company, who are operating the store Les Chefs d'Aspen. This commercial operation encompasses approximately 1,907 s.f. on the ground floor and the mezzanine. This 502 s.f. area is located on the ground floor to the south of the existing shop and is a garden level one -bedroom residential apartment. The entire structure has had a certificate of occupancy for at least two years. Section 24-11 .2 (j) provides for an exemption from Growth Management competition for a change in use as follows: " (j ) Any change in use of an existing structure for which a certificate of occupancy has been issues for at least two years, provided that the applicant can demonstrate to the Planning and Zoning Commission that said change in use will result in negligible growth impacts on the community. Any activity resulting in a change between the use categories identified in Section 24-11.1 of this Code which is found by the Planning and Zoning Commission to cause a growth impact shall be subject to the need to acquire a development allotment, pursuant to said Section 24-11.1. For the purposes of this section, growth impact shall be defined as any activity which results in more than a negligible increase in employee housing or parking spaces; generates more than a negligible increase in traffic demand, water and sewer needs, fire and police protection requirements, off -site drainage and road demands; or otherwise requires the provision of more than a negligible increase in governmental services." The purpose of this expansion is to improve the facilities which are used by Les Chefs d'Aspen for their cooking school. To evaluate any growth impacts according to the above criteria, the following points are relevant: 1. The additional space will not necessitate adding more staff. This representation by the applicant has been confirmed by the Housing Authority in a memo dated August 7, 1984. Furthermore, in accordance with the provisions of Ordinance No. 9 (Series of 1984) , the unit is not considered to be part of the inventory of employee housing since it is not a deed -restricted unit. This conversion does not represent a loss of bona fide employee housing, so does not require provision of a replacement unit. 2. There is not a parking requirement in the CC zone, so new CJ spaces are not required for the expanded square footage. 3. A kitchen presently exists in the space and service needs (water, sewer, fire and police) will not be expanded. 4. Traffic and road impacts are not to be measurably increased by this addition. 5. The space is contained within the structure at 405 S. Hunter and there will be no resulting visual impact on the neighborhood from the expansion. 6. No impact will result on off -site drainage since the expansion is interior. The Engineering Department saw no problems associated with this request. The Housing Authority points out that presently they are precluded from any control over units which rent within employee housing price guidelines but are not deed -restricted. They suggest that this situation be considered for Code amendment. It has recently been addressed in Ordinance #k9 (Series of 1984) , with the recognition that units which are not deed -restricted can have their rents increased out of the affordability range without our review. Therefore, while this change in use does take an afforadble unit out of the inventory, it could as easily be lost simply by a rent adjustment by the owner. PLANNING OFFICE RECOMMENDATION: The Planning Office recommends approval for a change in use GPIP exemption for the conversion of a 502 s.f. residential unit to commercial space in the building at 405 S. Hunter for use by Les Chefs d'Aspen. - 2 - • � --� ace AW M E N O R A H D U r'.I TO: Planning Office Attn: Colette Penne FROM: James L. Adamski, Director of Housing DATE: August 7, 1984 RE: Eriksen Special Review I. PROJECT A. Description: Andy Hecht on behalf of Stein Eriksen, is requesting Change in Use and GMP Exemption approval. The applicant currently leases space to Les Chefs D'Aspen and wishes to lease an additional 502 s.f. of adjacent space to Les Chefs D'Aspen. B. Applicant: C. Consultant: D. Location: Stein Eriksen Andy Hecht Attorney At Law 601 East Hyman Avenue Aspen, Colorado 81611 405 South Hunter Street Aspen, Colorado E. Existing Use: Garden level one bedroom residential apartment F. Proposed Use: To incorporate the additional space into their existing premises so as to enlarge the cooking school. II. HOUSING _AUTHOR-1-TY_REVIEVI In support of the application the applicant states that the existing use of the leased premises in part as a cooking school will be enlarged to provide a more comfortable envir- onment for the school without any negative impacts to the community. 1. No additional employees will be hired to staff the additional space; therefor mitigating any employee impacts; 1 e A • 2. There is no parking requirement currently for that space; 3. There will be no additional visual impact on the neigh- borhood; 4. There will be no new demand for water or sewer since a kitchen is presently in the space; 5. There will be no new demand placed on the City roads, drainage or fire protection; 6. There has been a Certificate of Occupancy issued on the building for at least two years; and 7. There should be no increase in governmental services required. III. HOUSING AUTHORITY COMMENTS The concern of the Housing Authority regarding this proposal lies in the area of the conversion of the garden level unit. This unit rents for $425/month and therefore falls into the catagory of housing which is affordable to the employee population of Aspen. As this unit is not an "employee unit" it does not fall under the preview of the Housing Authority, however, because it is affordable the unit functions as an employee unit and its conversion displaces it from the employee housing market. Therefore, it is the recommen- dations of the Housing Authority that the Housing Authority investigate and recommend code ammendments which would address this issue. unit is being displaced. 2 MEMORANDUM TO: Paul Taddune, City Attorney Jay Hammond, City Engineer Jim Adamski, Housing Director FROM: Colette Penne, Planning Office RE: Eriksen Special Review . DATE: July 12, 1984 GC�CE0M RE D r-- AUG - 7 1984 Attached for your review and -referral comments is an application submitted by Andy Hecht on behalf -of Stein Eriksen, requesting Change in Use and GMP Exemption approval. The applicant currently leases space to Les Chefs D'Aspen (405 S. Hunter) . The applicant wishes to lease an additional 502 s.f. of adjacent space to Les Chefs D'Aspen. This space is currently a garden level one bedroom residential apartment. This case is scheduled to go before the City Planning and Zoning Commission on August 21st. Please return your referral comments to this office no later than August 7, 1984. Thank you. J U L 131984 Ci -Y ' 0EUGiiVEER11 O <Qe"� C0L-C; GARRELD & HIECHT, P.C. ATTORNEYS AT LAW TELEPHONE RONALD GARFIELD (303) ANDREW V. HECHT VICTORIAN SQUARE BUILDING ER TELEOPICOPI R - 601 EAST HYMAN AVENUE (303) 925-3008 WILLIAM K. GUEST, P.C. ASPEN, COLORADO 81611 CABLE ADDRESS "GARHEC" 1EREMY M. BERNSTEIN July 6, 1984 Planning and Zoning Commission City of Aspen 130 S. Galena Street Aspen, CO 81611 Dear Mr. Chairman and Commission Members: The undersigned on behalf of Stein Eriksen (the "applicant") the owner of commercial space known as 405 S. Hunter Street (East 29 feet 8 3/4 inches of Lot I in Block 96, City and Townsite of Aspen, Colorado) (the "Property") makes this application under Section 24-11.2(j) of the Municipal Code for exemption from the Growth Management Plan for a change in use. The applicant has an existing lease with W. D. Hancock & Company, a California corporation, doing business as Les Chefs D'Aspen for the space at the Property situated on the ground floor and the mezzanine containing 1,907 square feet more or less. The applicant wishes to lease to Les Chefs D'Aspen approximately 502 additional square feet of ground floor space southerly of the existing rented premises (currently a garden level one bedroom residential apartment). Les Chefs D'Aspen intends to incorporate the additional space into their existing premises. In changing the use of the additional approximately 500 square feet of space, the applicant requests review and approval of the Planning and Zoning Commission. In support of the application the applicant states that the existing use of the leased premises in part as a cooking school will be enlarged to provide a more comfortable environment for the school without any negative impacts to the community. 1. No additional employees will be hired to staff the additional space; therefore mitigating any employee impacts; 2. There is no parking requirement currently for that space; 3. There will be no additional visual impact on the neighborhood; 4. There will be no new demand for water or sewer since a kitchen is presently in the space; 0 GARNELD & H ECHT, P.G. Planning and Zoning Commission July 6, 1984 Page 2 5. There will be no new demand placed on the City roads, drainage or fire protection; 6. There has been a Certificate of Occupancy issued on the building for at least two years; and 7. There should be no increase in governmental services required. I am enclosing a plan for the proposed remodel for your review. For the foregoing reasons the applicant requests an exemption from complying with the development allotment procedures under the Growth Management Plan. Sincerely, Andrew V. Hecht AVH/mlc Enclosure cc: Dottie Wolcott OWNERSHIP AND ENCUMBI 40 REPORT 11666 TI • Made For: Garfield & Hecht, P.C. STEWART TITLE OF ASPEN, INC. HEREBY CERTIFIES from a search of the books in this office that the owner of The Westerly 3 1/4 inches of Lot I, all of Lot H and the Easterly 5 feet of Lot G, Block 96, in and to the City and Townsite of Aspen, County of Pitkin, State of Colorado Situated in the County of Pitkin, State of Colorado, appears to be vested in the name of Stein Eriksen and that the above described property appears to be subject to the following: 1. Mortgage to secure child support payments (with no secured amount indicated) recorded May 1, 1972 in Book 263 at Page 178 as Reception NO. 151329. (Copy enclosed) 2. Insured Deed of Trust from Stein Eriksen to the Public Trustee of Pitkin County for the use of The Bank of Aspen, to secure $250,000.00, dated August 1, 1983, recorded September 8, 1983 in Book 451 at Page 659 as Reception No. 253026. EXCEPT all easements, right-of-ways, restrictions and reservations of record. EXCEPT any and all unpaid taxes and assessments. This report does not reflect any of the following matters: 1) Bankruptcies which, from date of adjudication of the most recent bankruptcies, antedate the report by more than fourteen (14) years. 2) Suits and judgments which, from date of entry, antedate the report by more tl-an seven (7) years or until the governing statute of limitations has expired, whichever is the longer peri :)d. 3) Unpaid tax liens which, from date of payment, antedate the report by more than seven (7) years. Although we believe the facts stated are true, this Certificate is not to be construed is an abstract of title, nor an opinion of title, nor a guaranty of title, and it is understood and agreed that Stewart Title of Aspen, Inc., neither assumes, nor will be charged with any financial obligation or liability whatever on any state- ment contained herein. Dated at Aspen, Colorado, this 30th day of STEWART TITLE OF ASPEN, INC. BY Authorized Signature December A.D. 19 83 at 8 :00 A.M. Stewart Title Form OEZ 10/82 C`. *I t: Ll ,dctr, L:2L 6 "