The URL can be used to link to this page

Home My WebLink Aboutcoa.lu.sr.221 E Main St.Explore Bookseller.A118-99 ~ CASE NUMBER PARCEL ID # CASE NAME PROJECT ADDRESS PLANNER CASE TYPE OWNER/APPLICANT REPRESENTATIVE DATE OF FINAL ACTION CITY COUNCIL ACTION PZ ACTION ADMIN ACTION BOA ACTION DATE CLOSED BY ,~ A118-99 2737-073-28002 Explore Bookseller and Bistro 221 E Main Nick Lelack Special Review, Conditional Use,GMQS Exem Katharine Thalberg Alan Richman 4/25/00 Reso. 45-2000 6/30/00 J. Lindt r-' r-'"\ .'i"'~"", :.,,'. ";;,',"; . :'1 . . ,:..-:.:>~.'. :;,". :;", :.,.," ,.,. .' .pj>:~eEL!lP'J2737 073 28002 ., IP"A'TE'RCVD .112/31/99 ":J;.~:f.Pf!!.~~;r--;~~~~Ci)A;1~~99 iI~;{.,~;..;ii~--~~,,~_o;,_.;."),~ '.4\~ ,..." ",~,.(,:'.':\::;" . ':""~';'~""" '.,:d<,:';U,:""':" '",'..' ."",',;.':',,:.., .:;::: ,:'.:,i' '.' . ,d'.""." ,.,.... . .:..~~~ 221 E. Main sl 'ci~~, AspenICOI81611"'I1~t:J: 925-5336 i~; Alan Richman ~.::6;6ij: Box 3613 >clS;il,i Aspen1CO!81612 ':pki4: 920-1125 ;i~E~~ti~~2~~~6;~~~;~~~ 'F~~s~~t;;4~ ....... ........... ........ p' .. : '''.:,is..TAT......C...... .: \~~~~~~i':""':"""'."'.."':..'...... . ..:,:,\;.::1' ........ ..... ....... .:....,., ......... . . ".,..,. ..........:.. '.:" ':" .' .]'.. . t p' . 1 "",,"" ,"\"::j>)~~r ':<~~.[)Wi;' ....... .r-..~I.-~ l-ijlY.p ,[):,.;.0' .. .....~.. . I .....' w ,)f~i..o.......t........(:.....:.t........':.~...[..,:,..:...:.;...........z...'....:.)..;..::t .i~~5~li: ......'..,.~ . . "::"..:':',,:,::: ," '.:::':..;::":,'.."" . ,;'<. ,". '."-,:" :".', ".::,,:.;,..,',,' ..,". ' :," .', "." .'...,.,.-.:...;.......:..... A ,-, ~ ,---'" 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. Kathryn Thalberg. 221 E. Main Street. Aspen, CO 81611 Property Owner's Name, Mailing Address and telephone number Lots D & E. Block 74. City and Townsite of Aspen Legal Description and Street Address of Subject Property Final HPC Approval Written Description of the Site Specific Plan and/or Attachment Describing Plan Historic Preservation Commission Resolution # 25-2000, 5/24/00 Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) June 3, 2000 Effective Date of Development Order (Same as date of publication of notice of approval.) June 4, 2003 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 3rd day of June, 2000, by the City of Aspen Community elopment Director. t.J e Ann Woods, Co unity Development Director -, .~ , ....~'."" 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: Lots D & E, Block 74, City and Townsite of Aspen by resolution ofthe Historic Preservation Commission numbered 25, series of2000, . For further information contact Julie Ann Woods, at the AspenlPitkin Community Development Dept. 130 S. Galena St, Aspen, Colorado (970) 920-5090. sf City of Aspen Publish in The Aspen Times on June 3, 2000 -< " ,-., ,-. 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. Katharine Thalberg, 221 E. Main St., Aspen, CO 81611 Property Owner's Name, Mailing Address and telephone number Lots D & E, Block 18, City and Townsite of Aspen Legal Description and Street Address of Subject Property Waiver of Mitigation Fees Written Description of the Site Specific Plan and/or Attachment Describing Plan City Council Resolution # 45-2000, 4/11100 Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) April 22, 2000 Effective Date of Development Order (Same as date of publication of notice of approvaL) April 23, 2003 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 22nd day of April, 2000, by the City of Aspen Community Development Direct r. ilcJ Jur I'\nn Woods, Comm . y Development Director .. ~ 1""', ~ PUBLIC NOTICE Of DEVELOPMENT APPROVAL Notice is hereby given to the general public ofthe 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: Lots D & E, Block 18, City and Townsite of Aspen, by. resolution of the City Council numbered 45, series of 2000, For further information contact Julie Ann Woods, at the AspenlPitkin Community Development Dept.,J30 S. Galena St, Aspen, Colorado (970) 920-5090. s/City of Aspen Account Publish in The Aspen Times on April 22, 2000 ~ ".,......, ,-, " News In Brief Aspen government Explore granted exemption Explore Booksellers and Bistro will enclose its second-floor deck seating area next fall, and the ownerS will not have to pay $90,000 in city "housing mitigation" fees after all. The Aspen City Council approved an amend- ment to the city's land-use codes Monday night which. in effect, allows the Explore project to be exempted from the affordable housing-mitiga- tion requirements of the code. The requirements force businesses to either provide housing for their employees or contribute to a city fund that will build such housing. The council agreed to the exemption after being convinced that enclosure of the porch will be accompanied by the elimination of bistro table seating on part of the second floor. There is to be no net gain in seating capacity. which means the' operation will not need additional employees. The code amendment does not require the council to grant an exemption in such cases, but allows it to do so. The council's decision overrode an objection from the Planning and Zoning Commission, which unanimously rejected the idea as poten- tiaIly fraught wirh trouble. Because the amend- ment will cover a total of 69 properties in the historic downtown area, P&Z members worried that the city will be flooded with similar appli- cations. > But city staffers and Mayor Rachel Richards noted thar the amendment will be part of a gen- eral re-evaluation of the city's codes planned for later this year, and any problems can be worked out at that time. . ~.~ ~j~ ~ ~ cJ!f~f!;~;'~rf;!~:'~f('~f~:~tr;~~;{;ti_: =:- a"Ot;"O ~'~~'g.';.:~~,'(ll'",S'''':':J gr (:1 6;::'S S'.~.", :~~ e,::;;. ~ 2..:s-:; go_g"g = ;,y~:e!t=-""I <:......."c'Q..>!,.'.c:"... ~ '< _ "t::l 0"'- 0 .... C _n tt -... -'::s ~ == cv l>> Cl>' - 0 (1I5....."c::1;./'O:,;-.< -" c:: c 0 c =":;:. n n ;::I ="" r = _ tii ::r c;. r.f.I = -. 0 0' a ~ S' O";o~/.,op""':,'~:;':"-' r. = 0 S -:.... ~ ~ ':I ~ ~ (1l ~ ::r:; :: "'d c S" ~ :s !2. i - ~ Q.. (') 0.: '....,~,$<;l:r{:::: _?':. C r~ c, l";: _ .., - ':) ,..... n :s ~ ~:E ::; cr::: - ~ g , 6~,~_",-g~"(b;':~';':o',= ~ :.: ~;r=~~ <:::-G 5 ;c"a E'" =-5; 7::';::;' (D"" _ ,..~.'~':a'8';:~@:a.:'.,'.':~:j,~)~I>"~.~ ~~] ;.;] ~.~ i~.~":~.~.~'~~~ g ~~g:-g.g '...1It -~"_..-.-' ":;;r 0 ',t/.l.-, .,:.,.~.,...:.t... .., :C" ~ ... ,~ r: :r. - :r. ... - - r.;. ~ ," :10 ::: .. N _ - ~;a:;,fj'~~'~"="'..-(D,"-::ro:') ~""::S::..: ==:r::o ~::. ~ 0 :"":1.E0'::. ::-:-=:..n:::: v:: '\~\b,;:p..o_=. ~c,,'ff~;;g,~' ..= ~. 0 ~ ~:;;:' :; t;= S. 5::= b. ~ ,< ~ f.~. Q ."",,....c"'''''''.,.,.,,'''o_~:1,,__. "" --0 ,.... <;:::;;;I:~~_' 'O::r ,ct'",',' .":- -...:...... t:. or.: :Il'" "'01 .;C == "tl,'<~:"(;f;l~""~;--":"/~~";,.~.:::-:o.9:=.::i,,"":c:..r;: .."._....,..... "'de": "'2--:. ::. ~ ,....;.d--~ ...... 0 ~ ~i-'t-,;:r - ~... ("'. (') ... _ 0... > IJ'.. ~c';<:(Q en' 0 S. Vi:s'~ """l "'::r 0:= C' ;:.. :.: =::S:n _ (')",,::r =,'"0 c..oo." 0" ~ _. =- "::l .. -: t:'':::; -6 r.""O .. ,,~:",c:-.g """ = ~ r:5.. . ~ =':':2 ,.. \1iI ~ls!:;,};"~'~.::I .~ -3' c;> ",,, ~ 0'..,:' -< :':. :!: __;><:::." ' ,..:. 1': - ... 0" a. .t:;l=~,;:,Q),iit-~ -.:r-C,CD,;I:!.,c "!'"l:';':'o"o, )( r:..... ::( =. t:. :.:= S'-;-'9tt.>--.~;,-;~; ~,e.. ~:,...i:.;o, ~,,',,~,",'~~-,;!:l':,ET _ =.!!.. ... . n 0.: -> =-~. r:)~:'-,:Z: ;;:2:~3' 'J" SXI,~,at:j:,~''-<I-t,,^CD>Q) -i:: = := n ...., _ ~ ~ :>::: - ...... ;::?;,~>~.f4":;:3,,~.,,~ag,-,e-:,':!!o'g:'~:~:'<~5:!S ~~c..~ -: :r~',:"'C:J - n'J:. .-.. L,:;<~;"~ :-';r-a:::s~ d<CD,''J: '-'->':"""":~'~~'I-h:'o VI ~ =- _ :i" G - s:: c c... = =. =* "itt;~>;:r, ': (11,- ~ Q)' ""'foj~::,OP,O"",~,,:~;-2/'~:= ~ ", r: ::" n C'" ~ _ :::s ;; '::ts:-",g ,,', -0 "'1' - ...:'A";....,.;;..C"~'~";6;.'--"'" ~::: ("'. .....:..00 ....- ...._ ~. ,,- ._ ,c~---...._~,<,...., ... _,.....'_,C/:l "''''';''j;:Vo::r ""- -..... -- c :;:z\!;~,:~ ":'G: 0,"=0.. ....;',x,',o-~ ('D"'o,:~':--:~<;~ == - = "'J' :r ~ ~ ts' ....., 0"" fI) )<'l:'t$"::r ,Q_,CD '=" 2:","'O:,c,g=:.";'~<JI:l"}er = =- =: g ~ :n t::: . ::;" ~ 0 ">'.(,~,;,:Q),,,(f.l'rn,8.(b "'1Q)-rJi(f.l_'~" ,,<S':c::: ... r; ,. ... s=- ':I:: e ~ C '(Jr;' <"_";:r'~. ..""1 O'"-=S~l:I:I o"o:o,.::<:rs::: _ =:::: ~ c 0 ~.., c:: ""'" ~ t:,~\{ :\Sf'90. =->0 c..c..~ ~ :=..::1;~",~-::,~-~ !'r F:.; c.. 4 a ~ =- ~;; S!:. ''':,;;,(1)'"....., -, ,'tl:I _ rn' ,- "', , ~ i::',,"~:-:",,"",',.... ,. ..... .... I IJ':. ,0 ~ _. - 0 . X;'::'Ooi::oa . s:=- - ~. :r .g-. sQ.. ,OQ,;,~.,,$'0 :=: <: :; :=J . (I:!.. 3 - c -. '::;x:,~:)~,-~6::S"~ ~"$~:~ &.~:';g:.g"'a ?r7 E. ~ ~ ~ ~ ~ ~ g ~ 2" :'t' ,lo:1'-..::r ,- CD .(") ... " . = ~.o....:: (ll '!5:, "':.'.o(t ~ ti :::- -" =-_ :"" J.. i" ,:,"0 Ql:lG"l-..crtl:l- 5:' r:. f'"; ,.", - -.g =0 ~ sas' ~ '(JQ ';~. ~. <: r:. ::",;'1 -< ~:~ ;:: ~ (f.l 'j" = ...: ..~.. : (I:! t'{ C):;lI::"" - ~ c 7' ~ . :'.'..,".-,.',:;.....-;..,.00 ~ ~ oc-.' rI.I= ~~'...;~"O:.. =- ~ f..~~,.., '....-;, ':I:=.='~ on ':':1:r- ",.. ,<' .O'".~ ...:;:. -'0 :s 0 o. E. (I) ;:r'c=o'" =::: ...:~'''l. ~~. '..~!/I ~ -... - :::=.. ~ (':.:=-: "wi '~ag"~ c..Cl.S,;.=-- o..,<~a'~.=.(':. :r. ~ ,:.::;.:,~~,,~,. ,\I..;' ~ :::::.>~ ;::'~:;!L ;lg'3 =:;.~'~ ~~~",:;r; '~~a'~ ;:~:cg~.~.."'"..'.~,:..,",.,"~""~.~~",c:,~,~~, a, ... G= ~ g. CD d '::0 5 :.~. (') >- .~. ......en-~ j:4(t-- o'~<~~('D"g::,,'--:'$:_c;S:tl;.:':i,"~>)::n:>';::,a:,Gc,;:O;L:~::(I)=~, Cl): .:--~': ':(')..~ ~ s>> (") (I) ~~. _,~o = ~~.. g.. go .."7" ?t,;9:((1l::&.-g.<oH:....~'t>>::-rI.I\;:,g;-~:,:';:,~:;:::;J..,,:::=r(')"Q{f,: 0', tt1 :: ;;:.2 E. g. ~. &a Q.. 8. .e:., fA. en$. ~,,' 1Jj.~':::t.':'ng::tj;:r,s::'?'!;.Et:g\::(\)",2,os:',("j?O,:,::a~:ss'. <!';e'Yi~:: ~ J:::, _ OJ _ ... ~ CI.l _'.'-CI.l ,,""" - _. 'c"$),;I",2;~, ,__,.-',Ooot,"....,''',,':.:':''),>>:_',~.'',--, """'+"::;!';'-"cn":,~:,.tn,,,_,;::::ic,, .,::;:s .""J C QC:l..::t3 :::S ;:::; - :=.0"' ~o .e::::s::;. "'0' __'t/)i,: ~:~,:....,~__ ""-OQ .... ':':;::'~:;;'7";;'C;;.., "';:_>!'\n',g.::('D:,~r-,..-,I):l: () ;< (').~ n (tl ~ '"0. ~(JQ ~ 0,.0 ('D. I>>.~. (I):-;;;;"'1";_~,~'.t -'/::"')-:;~'~)n",!t,o~':..":"= 0 Q.. :;:;:';"0 :r.c; .=':::It:l -",'" _i:t:l "'1 !IJI:"' CI.l S' -;;;;, ;]:::";.,~..'-'::Q-:.,>.,'CP,e-; "'.::.~:.).:".'."'.:,':,:::::o.;"...~/:c.,.x;;:r::r.'=..,::r.'~:..ClB'"o (l)': ::'" - Q:I,::;'. _ -'-<_ 0 :::s'" l>>. tIi'" .~~:('D'":":?l:f'c;.-(f.I--Q:..~..":CP"=::"";;:::;";':;:;::$:'~('G='''''''0- ~ g .Q)_. ;T;r =- ~ .~ sr _ 0 C/:I OCT =r~, t:::'- "-"./'.>='::~"'O "S!""C'D ,,:;:,:~:':"~~:.J::;;r:.~<-.'~a---" ~,:;:~:.e:.:..&t9' .g:. 0" _::r::;..,"" ,. ;.,c c... a is" ;g,.",ji"~ (; .....::;.,w"..a::'" . Of", ".,.", ~~: ':;:~ ~ ED r,:;' 0 ....."'8:;::- 8 -< o:g-~:t::f~"<5': o',:'--=;::Qo!,....o,:;::f.'g.--: '5::~.:,:,~"~,J~,-<;~..;~'g-','g. o. g. g-......,. '.".": . t') 0 0"0"0 ~ Cf.l (ll c........... -. ::,o,.c Q ('D."'1 \:0.':-;0;' 'C""m:.:-~:('D,':,:- "::'.'0-;<11 0 "t:l""','" ::..~ ~c :;:!.=. 0 2..=-.:;:'. ~,'"~ ~ - s. e.--a ","1':gro:g 8.:17'. ;:'o>g,i;;it~l';,e,--o-~:E_,"Ci1 ~.. ~ '~Q)-'() 0 c ...(').... '" "'" .., - \0,- ,.;d'::. .'(\) ,.',COo.;j "':";;;;'-C>'-_. .....~o (11 Q.. , . ::;r. s:. =:::::-- ~ ('D,:.: g ::..~'" 0 t:: OQ 0 :S-:;:i~'::'t:r'os:: ~;;tf'~::;::';''''''0_ _""'I a" ......- ('D _. .....~;:::l 0" CI.l ~ 0 a 'C)':-'O::<;O, ,G_, O"',;a '-'~ o;..::os. 'fI)' _';'< :s C'I) (II ('D. _en C. :_"",~'.=E. .:-,;.g; l>> '.- ' '~. "'1'_. =' . OQ ",('D,-<" ',,(ll,'/1.i, '" ''''.... _ Ei ('D ~.~ ~ ~t~[ ~~g' .~.g-~.~~~~ ~ ~:,'[g ~;'*;:'~::.a:".g."g.~'";,,,~g gJg'~'& - <l '" 0 - '<; ::I c ., v - -v '" Oi c.;'e'" .,< <l'::l 0)> . " ~ ~ ~ [~ ~ ~ [~. ~ . ::g' ~ ~ ~ :'" 8. ~. ~ ~'~:.~ ~ ~o ~r,:'~~'~'::~o~,~..w' ~:a; 'g8 l s "-< _ - ,en ". _ ~ 0 ~ CP 0 c.. ~... - t:1 Q.,; "'" {I),::!:i'O~"~",,,,,,,__ , . ...--d' .'" -:; C'CI ~ ~ 5r ~ g ~.o('? ~ en =- (') (; ~ Q) ~.s g ~ :ii S. c:r" ~ E.. ~: Oo;~_~Q';:\O,a'.'~>-;,.,:.':5, ;.fl'-_.::r:J - .'-. I'J:I ""'l::s . 00('ll 0 _.. ;;{ =,'" (JQ,';:r''"'t ('D'''"' ~ c.~ ,'<IO,':--.l_ (ll.-~ . .....:=:. C'I). e.. ~,..S .~ "g[ ~~ :;' ~~ ~ f ~'l[l~....:.~...,..~.~,..~.~.~,.&" ij>,~i~. ~,":E,.~,g""'~ ~"'.~ [~'."..".'..""..'....I' ,.-.....,....:::'::. .Lg:J:.g..~ 2.. ~ ~ ri:;.a '"S. Ef e; g:<<" ~::~'fg; aJg",g, g Ef.~: e- ~:,'g'~ "6 f?"::'::2,; ........ ....... . l;IJ= . o'('),<;n_ 0 r:.~'::S"'<:o-tno... '-!!"lGGo":,g"".' "=='-0= ":,:rQ)...Q :: 0 . -0 ""'fojOO ~ -'Q.) =~"',~~'Q..;;:l'Joot..;..o'&t<.....=--- "O(JQ cP';i" ~,~a- ~ ~."g ~ eo O::.a ~ so:}::rs':~ ':<c.....~.?f ~~'~' 3g:,('D'~ ~::;:;:g.,g ~ .~.... i1~:""'a~ 0, C ::t.~_~ o~ _ ~,~~(')~ $.03'~ ~g:~ m':2tg' '~~~'E..-:-'W >~,'.~-! .:~~ ~ 5 :!. ~ ~ ; 3:1 ;-..e. 5" g~ s' $. 9 ~'aa=:S.c:r5 2 '~..:;. ~ No ~tD', <.,... ... n f""f" G. SO" .U.. p.-,,' -c..... "",. '- .'. G.... ....'<;.-, go) '. ;;('D;,Q _~ ::~.~ = "'ot)S. ,G,'" 't,_.('D 9 O'=--.:~ ~.o ::;..= p.. ,'.!""'..... '... 'f :<Oi'" '." '" "=* '.' g g ~.:r 6 ~ :: a:: ~. ~ S:Q~~ 3ag'...'~~ s, e: ::I'~ ~ rg . ~ <#3,:::' Q..g. ~ ~ 0 ~ @ ~ S!.. 2.'s.::1)~!:r g g. g.~'_,.,_"g,,"O::; g S. ~ l"A ~ '." '-~. '?qs,.>~0~et5'~: s-~~~,ti ~Q..o,a.",~,r~'~o'o,~~fi"~e-(')~('D>~-~ "1. ....l::;$ 0" 0: Q..a~&t.o"Q..gc":r"'9.EQ..= ~~~~~ao~,('), r";,- _P-(JQ.., a 00.. =:I _._,. oa.g,o,~" o....::'(;j6. S"--dO'Q0 om ~ ~ ~ 0_0l>> =C=n ~""'t"C .t::."O"'..-'o....::O_"'O.=;-2i- c..s.('Dg. = El [' ~~g.. S' ~ a", S': ~ g~~.^<. It g F ~Jj:~~~....s g. g g. g......... :,g's;:(jf g ~ 5;-2.;S ~~g~C)l:;;.g,~..,~ (jsr2 o~~ G,a e.~~=~ ~ ^_;:'Q..~~O~.~ gs;rg +-e~~_,""=crQ..~' ::l4..~:~=O('DO"o~=::gs &.~.~g,~;;_.;;.g.. 0.(') OQ)-O.O g.o, .aJ:::a.oCJl(JQ.-~1>> ~.."",. :O('D -'0 = 5" ~ ~ ;..;. ~g'2 :g.~~ ~:g' ~~~[:=-~~t$' ., ''''';:'';'''.-1!=l-o$a.= ,~o.(,IJ_~.~ ;::'Q) ~"t:t"''"3(JQ!::r c;;;\.. ,..::r=o~,a:L,,,,O ~ g .. C" ~ .. 9 ~~ g G - 0 '< ""'.,::. 'Q"'(JQ ~ ,~"1' =-~, ..,.~ ::r Er = Q..fl1 ~~ '. -;l Q):?"' ~ 0 ~.'S-(t,~ ~a .'.~..CI.l"oo'..G(JQ ~ .,,, 1 0 _0 ~ (I):::::: 0 - - >-to) 0 _= 0 . CD ........ --d <: \/II. ~:::: ::r'_. ~(Jl:'""'<. .~tr.l ~..~ .. I.... 0 0.__= :I:<: 0 " !'" ~ .z ~a"'''"f)l . ~ tr-/9 ~ 4,t -60 o =* :'.Yo ':""':< ;sfi>:~:~i, A;~,',:^ J'4d'~ " .-' -. 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", ofthe City of Aspen Municipal Code. This Order shall expire on the day after the third anniversary of the effective date of the Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption from expiration, extension or reinstatement is granted or a revocation is issued by the City Council pursuant to Section 26.308.010, This Development Order is associated with the property noted below for the site specific development plan as described below. Kathryn Thalberg, 221 E. Main St., Aspen, CO 81611 Property Owner's Name, Mailing Address and telephone number 221 E. Main St., Aspen, CO 81611 Legal Description and Street Address of Subject Property Growth Management Quota System Historic Landmark Exemption Written Description of the Site Specific Plan and/or Attachment Describing Plan Growth Management Commission Resolution 02-00, 2/29/00 Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) March 10, 2000 Effective Date of Vested Rights (Same as date of publication of notice of approval.) March 11, 2003 Expiration Date of Vested Rights (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 lOth day of March, 2000, by the City of Aspen Community Dev ment Director. 'w0l",. Woods, Community Development Director G .Planning.Aspen.forms.DevOrder ~. ~ MEMORANDUM TO: Growth Management Commission THRU: Julie Ann Woods, Community Development Director Joyce Ohlson, Deputy Director~ FROM: Nick Lelack, Planner~ RE: Explore Booksellers and Bistro Application for GMQS Exemption for Historic Landmark and Method of Affordable Housing Mitigation - Public Hearing DATE: FebruiU"Y 29,2000 ApPLICANT: Katharine Thalberg " .i: .''''", REPRESENTATIVE: Alan Richman LOCATION: 221 East Main Street ZONING: Office, Historic District CURRENT LAND USE: Bookstore & Restaurant PROPOSED LAND USE: Same The proposal is to enclose this deck to create a Victorian- style glass conservatory on the alley side of the building. About 440 square feet of floor area would be added. LOT SIZE: 5,987 sq. ft. SUMMARY: This application requests a GMQS exemption for a historic landmark to increase commercial net leasable square footage, and to provide affordable housing mitigation via a cash-in-lieu payment. The purpose of the application is to enclose the above deck for a year around dining area. Tables located amongstthe book shelves and displays would be moved to the enclosed deck; no new tables would be added and no new space for book sales would be created. FAR: Existing: 4,557 sq. ft. Proposed: 4,997 sq. ft. Allowable: 5,089 sq. ft(0,85:1) ~, ~ STAFF COMMENTS: Katharine Thalberg ("Applicant"), represented by Alan Richman. is requesting approval of a Growth Management Quota System (GMQS) exemption for an historic landmark to expand the net leasable square footage by approximately 440 square feet of the Explore Bookseller and Bistro, and to increase the Floor Area Ratio for the site to 0.85:1. Section 26.470.070(D)(3)(b) states that the expansion of an historic landmark to be used as commercial or office development which increases the building's existing floor area ratio and its net leasable square footage may be exempted by the Grovvth Management Commission. The proposed expansion is the enclosure of the second floor deck located on the alley side of the structure, resulting in a Victorian-style glass conservatory that would allow the applicant to provide year around dining on the deck. A proposed code amendment pending before the Planning and Zoning Commission allows an applicant to propose the method of afforda.ble housing mitigation; the methods include the provision of affordable housing on-site, off-site of via a ca~h- in-lieu payment. City Council would approve the method ofmitiga.tion after considering a recommendation from the Growth Management Commission. In this case, the applicant has proposed to provide a cash-in-lieu payment of approximately $90,036 for 0.738 employees at tl1eCategory 3 level. - Location of the proposed conservatory as seen from the alley connecting Monarch St. to Aspen St. Currently, the building's second floor contains a mixture of books and dining facilities, with the dining tables situated amongst the books - both the shelves and displays. Consequently, both diners and shoppers are crowded and books are damaged. If the expansion is approved, the applicant plans to separate the tables and diners from the books and shoppers by removing the tables from the shopping area and placing them in the enclosed deck. The result will be a net decrease of one dining table and no increase in space available for books; instead, the project will effectively separate the bookstore and restaurant uses. The applicant also plans to add an elevator to the rear of the building to allow for handicap access, and to provide a more efficient way of moving food between the storage area on the first floor and the second floor kitchen. Staff recommends approval of the GMQS exemption to add 440 square feet to the historic landmark building for commercial use and to increase the external floor area ratio to 0.85:1 because the development will effectively separate rather than increase the existing uses in this historic landmark structure. Staff also recommends approval of the method of mitigation because the provision of on-site affordable housing mitigation is not possible due to site constraints and the likelihood that a new unit would comprise the historic integrity of this building. 2 ,-.., ~ RECOMMENDATION: Staff is recommending approval ofthe GMQS exemption to increase the net leasable square footage by 440 square feet of the historic landmark structure and to increase the external floor area ratio to 0.85:1, at 221 East Main Street, and the method of mitigation to provide a cash-in-lieu payment for affordable housing. REVIEW PROCEDURE . Growth Management Quota System Exemption for Historic Landmark: Exemption requests to expand commercial space in a historic landmark building and the method of affordable housing mitigation, shall require review and approval by the Growth Management Commission, and review and approval by City Council. . Special Review: The Planning and Zoning Commission shall by resolution approve, approve with conditions, or deny a development application for special review after recommendation by the Community Development Director. . Conditional Use: The Planning and Zoning Commission shall by resolution approve, approve with conditions, or deny a development application for a conditional use after recommendation by the Community Development Director, . Conceptual and Final Plan: The Historic Preservation Commission shall by resolution approve, approve with conditions, or deny a conceptual and fmal application for a proposed development. HPC shall review, as part of the final application, parking requirements for the development, as well as whether on-site affordable housing mitigation would be compatible with the historic landmark in terms of design, scale, site plan, . massing, and volume. . RECOMMENDED MOTION: "I move to approve the Explore Bookseller and Bistro conditional use to expand the bookstore and restaurant uses, and special review to increase the external floor area ratio to 0.85:1 for the historic landmark building at 221 East Main Street, with conditions." A IT ACHMENTS: Exhibit A -- Review Criteria and Staff Findings Exhibit B -- Referral Agency Comments Exhibit C -- Development Application , j ~, ~ EXHIBIT A EXPLORE CONDITIONAL USE & SPECIAL REVIEW REVIEW CRITERIA & STAFF FINDINGS Section 26.470.470 D: Review Standards for Historic LandmarkExemptions Standards for certain historic landmark exemptions. To be eligible for the historic landmark exemptions of sub-Sections (2)(b), (3)(b) and (4) above, the applicant shall demonstrate that as a result of the development, mitigation of the project's community impacts will be addressed as follows: (a) Affordable housing. (1) For an enlargement to the maximum floor area permitted under the external floor area ratio for the applicable zone district (excluding any bonus floor area permitted by special review), the applicant shall provide affordable housing at one hundred (100) percent of the level that would meet the threshold required in Section 26.470.080(C)(5) for the applicable use. For each one percent reduction in floor area below themax:imum permitted under the ex:ternal floor area ratio for the applicable zone district (excluding any bonus floor area permitted by special review), the affordable housing requirement shall be reduced by one percent. (2) The applicant shall place a restriction on the property, to the satisfaction of the City Attorney, requiring that if, in the future, additional floor area is requested, the owner shall provide affordable housing impact mitigation at the then current standards. (3) Any affordable housing provided by the applicant Shall be restricted to the housing designee's Category 3 price and income guidelines, as set forth in the Affordable Housing Guidelines established by the Aspen/Pitkin County Housing Authority. (4) Any affordable housing shall comply with the standards for affordable housing setforth at Section 26.520.020. Staff Finding Although the Applicant contends that no new employees will be generated by the proposed expansion of net leasable square footage because the development will separate, rather than increase, existing uses, the City determines that the Applicant shall provide affordable housing based on the number employees generated by the increase in the amount of new net leasable square footage. In this case, the Applicant would be required to mitigate for 60% of new employees generated and not 100% because the increase is a bonus floor area by special review. The following information was provided by the Applicant's representative and confirmed by Comrmmity Development Staff; nevertheless, if the Applicant is approved to provide a cash-in- 4 ~, ,,-.. lieu payment, the final amount shall be determined by the Aspen/Pitkin County Housing Authority. 1. 410 sq. ft. x 3 employees per 1,000 sq. ft. = 1.23 employees generated. 2. 1.23 employees x 60% growth management standard = 0.738 employees to be housed. 3. Code requires employees to be housed at Category 3. 4. Category 3 cash"in-lieu = $122,000 per employee. 5. $122,000 x 0.738 employees = $90,036. Therefore, the Applicant would be required to pay $90,036 for affordable housing mitigation. The final amount of mitigation will be determined and payable before building permits are issued, Condition 3 of Planning and Zoning Commission Resolution No. 89-23 required the Applicant to place a restriction on the property, to the satisfaction of the City Attorney, requiring that if additional floor area is requested, the owner shall provide affordable housing impact mitigation at the then current Housing Guidelines. Staff believes this criterion will be met with the cash-in-lieu payment of$90,036 for affordable housing mitigation. (b) Parking. Parking shall be provided according to the standards of Chapter 26.515, if the Historical Preservation Commission determines that parking can be provided on the site's surface and be consistent with the review standards of Chapter 26.415, if applicable. Any parking that cannot be located on-site and that would therefore be required to be provided via a cash-in-lieu payment shall be waived. Staff Finding There are currently seven (7) parking spaces located along the alley for this building, and no space to add parking spaces on-site. Parking requirements for the existing net leasable square footage would be nine (9) spaces, and one (1) additional space would be required for the proposed new square footage, The Historic Preservation Commission shall determine upon final application review whether the Applicant shall provide additional on-site parking if it is compatible with historic landmark, cash-in-lieu for one (I) space, or a waiver from the parking the standards. Staff believes that HPC's recommendation be adopted after final review. (c) Offsite impacts. The development's water supply, sewage treatment, solid waste disposal, drainage control, transportation andfire protection impacts shall be mitigated to the satisfaction of the Growth Management Commission. Staff Finding . Staff does not expect the proposed development to create any off-site impacts, including the need for additional water supply, sewage treatment, solid waste disposal, drainage control, transportation or fire protection. No new bathrooms or kitchens are proposed, and the development will not increase the amount of impervious surface on site because a second floor deck is proposed to be enclosed. A condition of the Planning and Zoning Commission resolution 5 ~ /'- approving the conditional use and special review is that the Aspen Fire Marshal approve fire suppression systems in the addition. This criterion is addressed. (d) Compatibility. The compatibility of the project's site design with surrounding projects and its appropriateness for the site shall be demonstrated, including but not limited to consideration of the quality and character of proposed landscaping and open space, the amount of site coverage by buildings, any amenities provided for users and residents of the site, and the efficiency and effectiveness of the service delivery area. Staff Finding The proposed development is the enclosure of the second floor deck located on the alley side of the structure, resulting in a Victorian-style glass conservatory. The proposal is compatible both the with historic landmark. Historic District, and neighborhood. Landscaping, open space, site coverage, and service delivery will in no way be impacted by the proposal. Service delivery may be improved because the proposed .elevator would allow a more effective and efficient method of delivering goods and services to the second floor of the building. This criterion is addressed. 6 FEB.29.2000 8:44~M ASPEN HOUSING OFC NO. 669 P.l ,,-., ,-, MEMORANDUM TO: FROM: Nick Lelael<, Community Development Department Cindy Christensen, Housing Office February 28, 2000 Explore Booksellers and Bistro ParcellD No. D4TE: RE: !DY!a: The applicant is proposing to construct an addition to the Explore Booksellers and Bistro. The applicant Is proposing to enclose the sundeck, which is located on the second floor, to allow this area to be used as dining year-round. The enclosure will add approximately 410 square feet to the floor area and to the net leasable area 01 the building. BACKGROUND: According to Resolution No. 89-23, if additional floor area is requested, the owner shall provide affordable housing Impact mitigation at the current Housing guidelines. According to the Growth Management Section relating to Hlstorio Landmarks, Section 26,47M70P5a, Affordable Housing: For an enlargement to the maximum floor area permitted under the external floor aMa ratio for the applicable lone district (excluding any bonus floor aMa pennitted by special review, the applicant shall provide affordable housing at one hundred (1oo) percent of the level that would meet the threshold required In Section 2B.4"O.080C5 for the appllRble use. It has been brought to my attention, that the Code sectIon In the abovereferencecl. paragraph is InaCcLlrate and should relate to Saction 26.470.1 0082, whieh states The proposed development shall be required to provide affordable deed restrloted housing (according to the standards of the Affordablll Housing Guld.llnes) for a minimum of sixty (60) peroent of the employees generated by the proposed development using the standards of Section 26.4"D.1DD(C). Therefore, this would require mitigation, al the Category 3 rate as stipulated In the COde,of: 3 + 1000 X 410" 1.23 X 60%" 0.738 X $122.000" S9Q036 RECOMMENDATION: Staff agrees wIth the applicant's calculations that a payment-ln.lleu fee of $90.036 would be requIred. Staff does nol recommend waMng the mitigation requirement. clc:h\word\rereJlllI\QXplcre.Jllitdoc v ;:"1 ,-,." ~ ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Pavment of City of Aspen Development Application Fees CITY OF ASPEN (hereinaiter CITY, and (hereinafter APPUCANT, AGREE AS FOLLOWS: ~~~,"'e. G\..,. \ b€..~ APPLICANT has submitted to CITY an ayplication for \ c..o~,~...A1.. V,,^- ~,-II.".,) ,b-"'""~<) ~"'Q.-V'"'D-o'" (heremafter. THE PROJECT). L ~ <) l'LC.,4 ~ 14.., \(l~ ~ APPLICANT understands and agrees that City of Aspen Ordinance No. ~9 (Series of 1998) establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a detennination 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 pa:ment of an initial deposit and to thereaiter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue foilowing their hearings andlor approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional pa:ments 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 andlor City Council to enable the Planning Commission andlor City Council to make legally required lindings 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 detennination of application completeness, APPLICANT shall pay an initial deposit in the amount ofS which is for hours of Community Development staff time. and if actual recorded costs exceed 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. 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 pennits be issued until all costs associated with case processing have been paid. CITY OF ASPEN APPLICANT By: - tL-tJ By: ~e c--~. a ~ ie Ann Woods ommunity Development Director Date: / d' ~, . 't'l Mailing Address: ~d-"\ t.As~ \.M.A>"~ S~* ~~ ~\..",~ 'g-llc>tl ALAiN ,R,I CHMAN 929112':5 ~ P.01 ~ Alan Richman Planning Services Memo TOI I\..~ 6~lt. f\. <. ~ '-'. \ "'<..l.'- "'- Alan Richman CCl Katharine Thalbef\l D8I8I December 1G, 1999 R. Cocle Amendment for Histone Landmarks The pulpO$El of this memo is to proVIde you with the language necessary to amend the Cod.. to peJlllk aft'ordable hQuslng to be located offo$ite for tile expansion of a comrnerdalhistolic landmart<. building. This language would apply to the following seotion of the Culle (new language Is In 1lOkI): Section 26.710.180.0.10. 8demaI FIoot AIea Ratio (applies to oonfoIming IlIld nonconfomling lots of recorri); ~ 1.1 -~. s ,..&s ~J ~1, ~ For detached resllIential d\Net1log units and duplexes the emmal floor lll'ea shall be the same as In tile R~ zone district. All uses other tIlan detached residential and dUPlex dwellings; 0.75:1 , however. tile 0.75:1 extemallloor area ratio may be iooreased to 1:1 by speclal review pursuant tQ Chapter 26.430; however, if tile external ftoor area Is increased by Special review pursuant to Cl'lapter 26.430, then siXty percent of tile aClditional . floor area must be approved for residential use restricted to sfforoable housing. The affOtdable hou$ing for a historic II/ldm.ril shall not required to be located on4iUl if the HPV makes 8 flnding, as part of ItS review of the devetopment applic:atlon for tile property, that location of the affordable housing on-elle wouJIl not be compatible with the historic landmark in terms of deSllf!l, acele, s~n, mass...Jng, or volum.. In such cases, when the e>rtemal floor area Is lncteased bY!(leclal llIVIew pul'!lUllnt to ChaPter 26.430. it may only be Increased to 0.8$:1. To obtain tile increase, tile applicant shaU llGmon8tl'8te that tht dordable hoUSing .] l'l)vided oft! or via a cash-in.tlau pl\yment complies WIth the provi~jom' of Section ~ ....,....~_..._-,......""'""....._- -7 As we discussed, tills language would also be added to the bonus floor area provisions tor tne~ and ,/ 0.1 zone districts. TIlls would require the same amendment to be made to Section 26.710,14QO.10 r an<llSElCtlon l!O.f10.150.0.10 of tile Land Use Code. with one exception. ihe maxlt"'i1um external floor area nlllQ In me ce zone would be 1.7:1, whijelhe ma>cimum ratlo in tile c.1 zone would be 1.2:1, - -- I can provide you this memo as an e-mail attaChment if Ihlll win make YOllr wort<. easier. Please let me knOW and I wiD be hllPPY to forward It to you In that fOJlll. Thanks fOr your assistancel 'Page1 ". , ~:; r _#'_ '1) . INTRODUCTIONS ~fiJ PUBLIC HEARING To CONSIDER Resol . on~hich would approve a conditional use to ex and e bookstore and restaurant ,V, in a historic landmark structure in e OFFICE ZONE DISTRICT , ~ o~ I & Special Review to increase FAR to 0.85:1 (allowed, is up to IJ)..~~~_~' Conditioned upon approval ot a pendmg code amendment""'------ \" R Specifically, the Resolution would allow the expansion of the net ~\ leasable floor area by approximately 440 square feet of the Explore Bookseller and Bistro. ~ 3. REvIEw PROCEDURE . Special Review: The Planning and Zoning Commission shall by resolution approve, approve with conditions, or deny a development application for special review after recommendation by the Community Development Director. . Conditional Use: The Planning and Zoning Commission shall by resolution approve, approve with conditions, or deny a development application for a conditional use after recommendation by the Community Development Director. . Growth Manaf?ement Quota System Exemption/or Historic Landmark: Exemption requests to expand commercial flpace in a historic landmark building and th~ethod, of affordable housing miti atlOn, shall require review and appfova .y e Growth Management Commission, and review and approval by City Council. . Conceptual and Pinal Plan: The Historic Preservation Commission shall by resolution approve, approve with conditions, or deny a conceptual and final application for a proposed development. HPC shall review, as part of the final application, parking requirements for the development, as well as whether on-site affordable housing mitigation would be compatible with the historic landmark in terms of design, scale, site plan, massing, and volume, HPC approved conceptual Plan.~~ _. ~ ~ yj'0/ 5 ft. { ,\)1.,)7; J . ~ , ,,-., ~ 4. PuRPOSE OF PROJECT & How ACCOMPLISHED The project will effectively separate the bookstore and restaurant uses., while not increasing the number of books or seats (the seats cannot increase above 50), The applicant also plans to add an elevator to the rear of the building to allow for handicap access, and to provide a more efficient way of moving food between the storage area on the first floor and the second floor kitchen. The expansion would be accomplished by enclosing-the-second floor deck located on the alley side of the structure, resulting in a Victorian-style glass conservatory that would allow the applicant to provide ear around dining on e eck. Con ItlOna use approva IS reqUIred for expanding t e bookstore and bistro - both conditional uses - in the Office Zone District. Special Review approval is required to increase the external FAR to 0.85: 1. 5. CURRENTLY: Building's second floor contains a mixture of books and dining facilities, with the dining tables situated amongst the books - both the shelves and displays. Consequently, both diners and shoppers are crowded and books are damaged. If the expansion is approved, the applicant plans to separate the tables and diners from the books and shoppers by removing the tables from the shopping area and placing them in the enclosed deck. The result will be a net decrease of one dining SEAT and no increase in space available for books; instead, the project will effectively separate the bookstore and restaurant uses. The applicant also plans to add an elevator to the rear of the building to allow for handicap access, and to provide a more efficient way of moving food between the storage area on the first floor and the second floor kitchen. ~ APPLICANT: Katharine Thalberg REPRESENTATIVE: Alan Richman ZONING: Office, Historic District CURRENT LAND USE: Bookstore & Restaurant LOT SIZE: 5,987 sq, ft. FAR: Existing: 4,557 sq, ft. Proposed: 4,997 sq. ft. Allowable: 5,089 sq. ft (0.85: 1) ,-. .~: ,'. RECOMMENDATION: Staff is recommending approval of the Conditional Use to expand the bookstore and restaurant uses and Special Review to increase the floor area ratio to 0.85:1 for the Explore Bookstore and Bistro at 221 East Main Street, with the following conditions: 1. Unless otherwise herein amended, all prior conditions of approval contained in City Council Ordinance 61, 1976 and Planning and Zoning Resolution 89-23 remain in full force and effect. 2. The building permit application shall include: a. A copy of the recorded P&Z Resolution, b. The conditions of approval printed on the cover page of the building permit set. 3. The building plans shall demonstrate a fire suppression system approved by the Aspen Fire Marshal and Chief Building Official. 4, Prior to issuance of a building permit: a. The primary contractor shall submit a letter to the Community Development Director stating that the conditions of approval have been read and understood. ~ b. All affordable hou 'n itigation ~yme ap fees, impacts fees, and V building permitfees hall be paid an alternative agreement to delay payment of the Water Tap and/or Parks Impact fee is finalized, those fees shall be payable according to the agreement 5. No excavation or storage of dirt or material shall occur within tree driplines. 6. All construction vehicles, materials, and debris shall be maintained on- site and not within public rights-of-way unless specifically approved by the Director ofthe Streets Department. All vehicle parking, including contractors' and their employees', shall abide by the 2 hour residential parking limitation ofthe area. The applicant shall inform the contractor of this condition. 7. The applicant shall abide by all noise ordinances. Construction activity is limited to the hours between 7 a.m. and 7 p.m. S The City of Aspen Land Use Code is amended to allow affordable ~ housing mitigation to be provided off-site, The Historic Preservation Commission approves the final plan, including making the determination that locating the affordable housing on site would not be compatible with the design, scale, massing, or volume of the historic landmark struct~eQ.--= ; ~ CX- tp"'" ~ s.~ .~~((~- ~, n~ 0 v~ \, 4J- ~. c.-lY (I('" * ~ o+-~Wf~ ~ ~ -t& ~~.~fJD ~~c ~\.."~> / ~ Q L<<,'J. :..9 ~ ~ ~~ ~-;J0 01>L 'n U~.~1..~ . /~ C v--u&' f'.r-- . ~~ ~~W ~1~l I '-'-trS y.\ M S~ > 3, Section 26.470.070(D)(3)(b) The Land Use Code states that the expansion of an historic landmark to be used as commercial or office development which increases the building's existing floor area ratio and its net leasable square footage may be exempted by the Growth Management Commission from scoring and competition - AH must still be provided. The proposed expansion is the enclosure of the second floor deck located on the alley side of the structure, resulting in a Victorian-style glass conservatory that would allow the applicant to provide year around dining on the deck. 4. Code amendment pending before the Planning and Zoning Commission .allows an applicant to propose the method of affordable housing mitigation; the methods include the provision of affordable housing on-site, off-site of via a cash-in-Iieu payment. City Council would approve the method of mitigation after ~ considering a recommendation from the Growth Management ~ Commission, In this case, the applicant has proposed to provide a ~ cash-in-lieu payment of approximately $90,036 for 0.738 employees'\:::) 0 at the Category 3 level. ~ <::i.. 5. Housing Authority Recommendation - NO WAIVER ~ )\.f- ~ 1~ RECOMMENDATION: l'Z }, ' Staff is recommending approval ofthe GMQS exemption to ~~W:: increase the net leasable square footage by 440 square feet ofth historic landmark structure and to increase the external floor .fj area ratio to 0.85:1, at 221 East Main Street, and the method of ~ --::: mitigation to provide acash-in-Iieu payment for affordable 1 hOU'ln~\-- /~ ry:!P , ~ / f ~ - ,.. ,.. ,.. - - - - ,... - TABLE OF CONTENTS PAGE I. INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1 A Overview of Application .................................... 1 B. Summary of Proposed Development ........................... 2 II. CONDITIONAL USE REVIEW .................................. 4 III. GMQS EXEMPTION FOR A HISTORIC LANDMARK ................ 8 IV. SPECIAL REVIEW FOR DIMENSIONAL STANDARDS .............. 11 IV. VESTED RIGHTS ............................................ 12 V. CONCLUSION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .: . . . . .. 12 EXHmrrs #1. Ordinance 61 of 1976 - #2. Ownership and Encumbrance Report from Stewart Title .... ,.. .... ,.. - ,.. ,.. ,.. #3. Letter Authorizing Submission of Application #4. Pre-Application Conference Summary #5. P&Z Resolution 89-23 #6. List of Owners of Property Within 300' MAPSIDRA WINGS Vicinity Map Improvements Survey Proposed Site Plan Proposed South and West Elevations Proposed Floor Plan (2nd floor only) ...., .... I. INTRODUCTION - A. Overview of Application This is an application to make a small addition to Explore Booksellers and Bistro, located .- at 221 East Main Street (Lot D and E, Block 74, City and Townsite of Aspen). The location of the site in relation to neighboring properties is shown on the vicinity map. An improvements survey, depicting existing conditions on the property, has also been provided. \". - The property is located within the Main Street Historic Overlay District and is zoned Office (0). The commercial building on the property is individually designated as a historic landmark, pursuant to Ordinance 61, Series of 1976, a copy of which is attached hereto as Exhibit #1. - - This application is being submitted by Katharine Thalberg, the property owner and the operator of the business (hereinafter, "the applicant"). Proof of the ownership of the property is provided by Exhibit #2, the ownership and encumbrance report. Authorization for Alan Richman Planning Services to represent the applicant is provided by Exhibit #3. - Pre-application conferences were held with representatives of the City on December 17 and December 27, 1999 (see Exhibit #4, Pre-Application Conference Summary). Based on these meetings, it was confirmed that the following land development approvals are required by the Aspen Land Use Regulations to accomplish this project: - ~ Conditional Use Review by the Planning and Zoning Commission, for expansion of the bookstore and bistro, each of which are conditional uses in the Office zone district; ,... GMQS Exemption by the Growth Management Commission, for a project that increases the net floor area and net leasable area of a historic landmark; - Special Review by the Planning and Zoning Commission, for an increase in the external floor area ratio of the commercial building; and Vested Rights for the project. ,.. .... The following sections of this application identify the applicable standards of the Aspen Land Use Regulations for each of these review procedures and provide a response to each standard. - It should also be pointed out that the staff has initiated a Code Amendment to permit affordable housing to be provided off-site or via cash-in-lieu for the expansion of a historic landmark. The Code Amendment will follow its own review process, but must be adopted before final approval can be given to this project. - - Application for an Addition to Explore Booksellers and Bistro Page 1 "'" - ... I""' I""" - - I""" - - I""" I""" ... ... I'"" ,.,,-.. ,... ,... r- - The Historic Preservation Commission is also conducting its own review of the proposed development. An application has already been submitted for review of a Conceptual Development Plan for the addition, and is scheduled for review by HPC on January 12. An application for review of a Final Development Plan will be submitted at a later date. Finally, a determination was made by staff that the City Council would need to take action on this application, to formally accept the applicant's proposal for affordable housing to mitigate the impacts of the project. The former version of the Aspen Land Use Code contained a section (26.100.110) that required the Council to take such an action. This section appears to have been left out of the new version of the Land Use Code, but the staff has determined that the applicant should proceed as if this section were still in effect. B. Summary of Proposed Development Explore Booksellers and Bistro occupies the building at 221 East Main Street. The first floor of the building is devoted totally to the bookstore, with the exception of a single table located at the front of the store, which is used to serve handicapped patrons, who are now unable to reach the second floor, where the bistro is located. The bistro and bookstore share space on the second floor. There are two rooms where there are both books and tables located; one additional room is devoted exclusively to the bistro. The two rooms shared by the two uses contain a total of seven tables, while the other room contains another half dozen tables. There is also an outdoor deck that is accessed through the bistro. This deck (the "sundeck") is used for outdoor dining during the warmer months of the year. The applicant proposes to enclose the sundeck, which is located on the second floor, along the alley side of the building. The enclosure will be a victorian-style glass conservatory, allowing this area to be used for dining year-round. An existing outdoor walkway between the kitchen and the patio will also be enclosed. These enclosures will add approximately 410 sq. ft. to the floor area and to the net leasable area of the building. Enclosing the sundeck will allow the tables that are located in the same rooms as the books to be eliminated. There is simply not enough space in these rooms for persons to dine comfortably and for bookstore patrons to search for and select the books. In fact, the presence of tables and diners actually prevents bookstore patrons from entering these rooms freely. Moreover, the books suffer damage because diners take them to the tables and leaf through them while eating and drinking. Enclosing the sundeck will not result in an increase in the total number of tables available for dining, nor will it increase the space in which books are displayed. In fact, during the warmer months, there will actually be a decrease in the number of tables available, since in Application for an Addition to Explore Booksellers and Bistro Page 2 ,... - I"'" - - - ... - - ,... ... ,... .... ,... - - 1"'" ,... - the past, dining has been able to occur in all of the indoor rooms plus on the sundeck, while in the future it will only occur in a single indoor room and in the enclosed deck. The applicant also plans to add a small elevator to the rear of the building, to allow for handicap access, and to provide a better means of moving food between the storage area on the first floor and the kitchen on the second floor. Minor revisions will be made to the existing stair at the rear of the building, to accommodate a landing for the elevator. Table 1, below, summarizes the standards of the Office zone district, and evaluates the compliance of the existing conditions and proposed conditions with these standards. TABLE 1 SUMMARY OF PROPERlY'S COMPLIANCE WITH OFFICE ZONE DISTRICT DIMENSIONAL REQUIREMENTS . . . . .. .. . '. . . . . ~equireniell( ...,... . . . ." .. . MinimUm LotSize.. ..' ." . . . .. . . . .. . . . .... . . .. . ).\finiilllimI,otAreaPeJ; .... Dw~lIlng1Jnit . . .. . ..." .. ." ... ... .. .. .... .'Minimum.LOt Width.' COde. Standard 6,000 sJ. No requirement for commercial building 60 feet . .... . . . . .. . . .. . .. ... .". .. . .. ... MilliiJiiimFron(Yard .... 10 feet . . . ... . . . . .... ...... ., .. ..... . . . MinimiimSi~eri1rd 5 feet . ... .. . . . . .. .... .." . MiidiJiuni~earYard .'.. 15 feet . . . . .. . .. . .. . .. . ...'j\faXinium/Height . 25 feet . . . . . . .. .. .. . MinimilmDistance 10 feet IJetweenBuildingson th~LOt< .. . .... . MinimumPen:entof OpenSpaee .... M~niuiDExiernal . Floor Area . . . j\finilllUmNuiitber of 'Ofr-Streetparkmg Spac:es ., No requirement 5,089 sq. ft. (0.85:1) 3 spaces per 1,000 sq. ft. of net leasable space F:xisting . Conditions . . Proposed . Conditions 5,987 s.f. Not applicable 5,987 s.f. Not applicable 59.9 feet 59.9 feet 10 feet 10 feet 5.5 feet on each 5.5 feet on each side side 20 feet 20 feet 25 feet 25 feet Not applicable Not applicable Not applicable Not applicable 4,557 sq. ft. 4,997 sq. ft. 7 spaces (9 would be required for the existing 2,960 sJ. net leasable) 7 spaces (10 would be required for the proposed 3,370 sJ. net leasable) Application for an Addition to Explore Booksellers and Bistro Page 3 r- ,... ,... ,... - - ,... - - ,... - - - ,... ... .... ... .... ... II. CONDITIONAL USE REVIEW The Office (0) zone district lists bookstore and restaurant as conditional uses for structures that have received historic landmark designation, provided that no more than two such conditional uses shall be allowed in any structure. Explore Booksellers and Bistro last received Conditional Use approval for the operation of these uses pursuant to P&Z Resolution 89-23, a copy of which is attached hereto as Exhibit #5. Section 26.425.080 lists the types of activities that may be considered to be insubstantial amendments to an approved conditional use. The proposed addition cannot be considered to be an insubstantial amendment, since it will increase the net leasable square footage in the structure and wiJI alter the external visual appearance of the building. Section 26.425.080 B. therefore requires that the project again be subject to conditional use review. The standards for conditional use review, as listed in Section 26.425.040 of the Aspen Land Use Code, and the applicant's responses to these standards, are as follows: 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. Response: An important purpose of the AACP is to preserve Aspen's irreplaceable historic resources. To help to accomplish this purpose, the City has created an expanded list of commercial uses that can occur in landmark structures. This property has successfully housed a bookstore for nearly 25 years, and a bistro for the last decade, allowing this historic resource to be maintained and appreciated. The conditional use is also consistent with the intent of the Office zone district, which is "To provide for the establishment of offices and associated commercial uses in such a way as 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". Because the proposed development will occur on the alley side of the structure, the visual scale and character of the Main Street Historic District will in no way be compromised. 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. Response: The bookstore and bistro are both businesses that fit with. the culture and character of Aspen. These businesses have become an indispensable part of Aspen's visitor experience, and are also regularly patronized by residents of the community. Application for an Addition to Explore Booksellers and Bistro Page 4 - - These uses are located along a portion of Main Street where other artistic and cultural businesses are found, such as the Aspen Potters and the Gypsy Woman. Small dining ,... establishments are also located in this area, including the Main Street Bakery and the In and Out House. All of these complimentary uses make this portion of Main Street an active pedestrian area, attracting visitors to walk here from the downtown core and attracting ,... patrons from the surrounding offices and other businesses found in the neighborhood. ,... - - ... ,... l"'" ,... - ,... ,... ,... - ,... ,... - 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. Response: The proposed addition will not have any adverse effects. The visual impacts of the addition will be limited to the alley side of the structure. We believe the appearance on this side will be improved. The existing awning assembly detracts from the quality of the historic structure during the winter months when the awning is not in place. It will be removed and replaced with a much more attractive glass conservatory, an element typically found on victorian structures, and will compliment the architecture of this building. The addition will not change pedestrian circulation, or cause the need for additional parking. As described above, enclosing the sundeck will not increase the number of tables found in the bistro or the amount of space devoted to book sales. It will, in fact, reduce the number of tables available during the warmer months, when previously there was dining available in three rooms within the building, plus the outdoor deck. After the addition is complete, dining will only be available in the conservatory and in a single room within the main structure. Therefore, although the Code would technically require there to be an additional parking space provided for the addition, in reality, there will not be a need for increased parking on the site. Since there is no remaining room along the alley to dedicate to additional parking, the Code states that the parking requirement will be waived (see Section 26.470.070 D(5)(b) of the Aspen Land Use Code. The addition will not cause any impacts on trash, service delivery, noise, vibration, or odors on surrounding properties. In fact, by enclosing an area that previously was used for outdoor dining, the project will reduce any noise and odors that may have been experienced by neighbors. 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. Response: This property already is served by the full compliment qf public facilities and services. This minor addition should not cause any increase in the demand for these services. Application for an Addition to Explore Booksellers and Bistro Page 5 - - ... ... - I"'" - ,..,. - ,.. ... - - ,.. .... - .... - - E. The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use. Response: In Section III we provide calculations for the number of employees the City's Growth Management Quota System (GMQS) projects would be generated by a project of this size and type. These calculations indicate that a 410 sq. ft. addition would generate 1.23 employees. Since an applicant must house 60% of the employees generated in order to be eligible for a commercial GMQS allocation or a GMQS exemption, the applicant would be responsible for housing 0.738 employees. This translates into a cash-in-lieu payment of $90,036, based on the Category 3 value specified for this type of project. While we clearly appreciate the City's willingness to consider an amendment to the Code that permits this project to occur without providing affordable housing on-site, we would still point out that this will be a very steep payment for this small business to afford. The bookstore is an important part of Aspen's culture that is under increasing pressure to survive, due to competition from internet businesses and chain stores. In fact, the required payment would cause a significant increase in the construction budget for this project and could make it financially infeasible to accomplish. The applicant would request, therefore, that the Planning and Zoning Commission and City Council reconsider whether a cash-in-Iieu payment should be required for this project. The applicant makes this request because, in fact, there will not be any new employees generated by the proposed enclosures. As has been described above, the outcome of this project will not be more tables for the bistro, or more space to display books for the bookstore. Instead, the result will be a more comfortable environment for both patrons and employees, accomplished by creating separate rooms in which the two uses can function. We would also like to point out that before arriving at the design submitted herein, the applicant evaluated several other alternatives, that would have exempted the applicant from the requirement to provide affordable housing by complying with Section 26.470.070 D.3.a., but were less desirable in terms of the building itself. For example, one possibility that was considered was to raise the roof of the building, to make areas that are under the eaves into habitable space. These areas, which comprise in excess of 500 sq. ft., are counted by the Land Use Code as floor area, but are less than 5' in height and are virtually inaccessible. Since they already count as floor area and net leasable area, the Code would not have required additional housing to be provided for this conversion, but it was decided that the visual impact of this change on Main Street would have been too significant. Another option that was considered was to dig out underneath the structure and to build a full basement that would have been entirely subgrade. Since the area would have been 100% subgrade, it would not have counted as floor area, and areas within the building could have been shifted to also avoid increasing the net leasable area. This option was rejected because it would have placed employees of the business in offices without windows. Application for an Addition to Explore Booksellers and Bistro Page 6 ... ... r- r- - ,- .... - - ,... .... ,- ... ... .... ,- .... - ... As a means of demonstrating to the City that this addition will not increase employment in this business, the applicant would agree, as a condition of approval, to permit the Housing Office to audit the operation each year after the new space has been occupied, for up to 3 years. to compare the number of employees before and after the addition. There is one caveat to the proposal to audit the payroll. The applicant's payroll today is below the typical winter level for this business, because there have not been enough applicants to fill all of the positions the business requires. Therefore, the applicant would like the opportunity to present to the Housing Office records from 1997, which was the most recent time that the bookstore and bistro were able to fill all of the available positions, and when the payroll was at its peak. - Should the City decide not to accept this proposal, then the applicant recognizes that she will be required to pay the fee at the time the building permit is issued for the conservatory. Application for an Addition to Explore Booksellers and Bistro Page 7 "'" .... "'" "'" - ,... A. - .... .... - "'" 1. - 2. - 3. - - "'" ... ... III. GMQS EXEMPTION FOR A mSTORIC LANDMARK Section 26.470.070 D. of the Aspen Land Use Code provides several exemptions from the Growth Management Quota System for historic landmarks. Subsection D.3.b states that the enlargement of an historic landmark to be used as a commercial or office development which increases the building's existing floor area ratio and its net leasable square footage may be exempted by the Growth Management Commission. To obtain the exemption, the applicant is asked to demonstrate that the project's impacts on the community will be addressed, as set forth in the standards found in subsection 0.5. These exemption standards, and the applicant's responses to them, are as follows: Affordable Housing. 1. For an enlargement to the maximum floor area pennitted under the external floor area ratio for the applicable zone district (excluding any bonus floor area pennitted by special review), the applicant shall provide affordable housing at one hundred percent of the level that would meet the threshold required in Section 26.470.080 (C) (5) for the applicable use. For each one percent reduction in floor area below the maximum pennitted under the external floor area ratio for the applicable zone district (excluding any bonus floor area pennitted by special review), the affordable housing requirement shall be reduced by one percent. Response: As described in Section II, there will not be. any additional employees generated by this proposed development. Nevertheless, if the City determines that the applicant is required to provide affordable housing, then the formula for calculating the required affordable housing is as follows: 410 sq. ft. x 3 employees per 1,000 sq. ft. = 1.23 employees generated. 1.23 employees x 60% growth management standard = 0.738 employees to be housed. Proposed FAR of expanded building would be 4,997 sq. ft., an FAR of 0.83:1 (which exceeds the 0.75:1 FAR allowed by right in the Office zone), so no reduction in the required affordable housing is allowed. 4. Code requires employees to be housed at Category 3. 5. Category 3 cash-in-lieu = $122,000 per employee. 6. $122,000 x 0.738 employees = $90,036. Application for an Addition to Explore Booksellers and Bistro Page 8 ... ... - ,... ... ,... .... ,... ,... ... Please note that in completing the above calculation, we have excluded the 30 sq. ft. of floor area associated with the proposed elevator. This mechanical space is being built to provide handicap access to the business, something that, in the past, has not been required by the City because the building is historic. We would ask that the City not penalize us by adding a housing requirement for this amenity we want to provide for disabled persons, which will not have any impact on affordable housing. If the City determines the above-specified payment is required, then the applicant recognizes that she will have to make the payment at the time the building permit for the project is issued. If the final design has resulted in an increase or decrease in the actual size of the addition, the amount of the payment will be re-calculated accordingly. 2. The applicant shall place a restriction on the property, to the satisfaction of the City Attorney, requiring that if, in the future, additional floor area is requested, the owner shall provide affordable housing impact mitigation at the then current standards. Response: This criterion would no longer appear to apply to this property, since the proposed development will result in a floor area that is great than 0.75:1 and no reduction in the cost of the affordable housing mitigation has been included in the above calculation. 3. Any affordable housing provided by the applicant shall be restricted to the housing designee's Category 3 price and income guidelines, as set forth in the Affordable Housing Guidelines established by the Aspen/Pitkin County Housing Authority. Response: The applicant has calculated the amount of the cash-in-Iieu payment using the ... Category 3 value from the current Housing Guidelines, which is $122,000 per employee. 4. ... ... ... ... ... ... ,... ... Any affordable housing shall comply with the standards for affordable housing set forth at Section 26.520.020. Response: This is a mis-reference in the Code. It is our understanding that the section to which this reference is intended is Section 26.100.110 of the former Aspen Land Use Regulations. As described in the introduction to this application, it is our understanding that the City wants the applicant to comply with the standards of that former section, as if the section has been re-enacted by the City. The applicant agrees to comply with these standards and with the Housing Guidelines of the City Council and its housing designee. B. Parking. Parking shall be provided according to the standards of Chapter 26.515, if the Historical Preservation Commission determines that parking can be provided on the site's surface and be consistent with the review standards of Section 26.415, if applicable, Any parking that cannot be located on-site and that would therefore be required to be provided via a cash-in-lieu payment shall be waived. Application for an Addition to Explore Booksellers and Bistro Page 9 ';.'" - - ... ... r- - - - - - - , - - - - - r- - - Response: The site plan illustrates that there are 7 parking spaces located along the alley. The existing amount of net leasable space on the site would require 9 spaces to be provided, while the proposed amount of net leasable space would require 10 spaces to be provided. However, as shown on the site plan, there is absolutely no room on the property for additional parking to be provided. Therefore, we anticipate that the HPC will make the determination that additional parking should not be provided on-site, and the cash-in-lieu payment will be waived. c. Off-Site Impacts. The development's water supply, sewage treatment, solid waste disposa~ drainage contro~ transportation and fire protection impacts shall be mitigated to the satisfaction of the Growth Management Commission. Response: As described in the prior sections of this application, these basic services are all in place, and this small addition will not cause the need for any upgrades to be made in the manner in which these services are provided in the future. D. Compatibility. The compatibility of the project's site design with sUTTounding projects and its appropriateness for the site shall be demonstrated, including but not limited to consideration of the quality and character of proposed landscaping and open space, the amount of site coverage by buildings, any amenities provided for users and residents of the site, and the efficiency and effectiveness of the service delivery area. Response: The enclosure of the sundeck will have no impacts on the quality of the landscaping or the amount of open space on this site. The landing for the elevator will cause a minimal increase in the site coverage by structures from 45.4% to 45.8%. The elevator will be an important amenity for handicapped patrons of the bistro, who are now only able to be served at the table on the first floor of the building. The service delivery area along the alley will not be changed as a result of this project, although there will be some internal shifting of support spaces within the building to make room for the elevator. Application for an Addition to Explore Booksel1ers and Bistro Page 10 - .... IV. SPECIAL REVIEW FOR DIMENSIONAL STANDARDS .... According to Section 26.710.180 D.lO of the Aspen Land Use Code, the external floor area ratio in the Office (0) zone district is 0.75:1, but may be increased to 1:1 by special review, if 60% of the additional floor area is approved for residential use restricted to affordable housing. .... .... As noted above, the staff has initiated an amendment to this section, which would permit the required affordable housing to be provided off-site or via cash-in-lieu for the expansion of a historic landmark. This proposed amendment would permit the applicant to increase the external floor area to 0.85:1 by providing that amount of affordable housing that is necessary to comply with Section 26.470.070 D.5, GMQS Exemption for Historic Landmarks, in an off-site location or via a cash-in-lieu payment. The applicant has agreed to comply with the amended provisions of Section 26.470.070 D.5 in Section III of this application. .... .... .... Section 26.430.040 A of the Aspen Land Use Code provides that whenever the dimensional requirements of a proposed development are subject to special review, the development application shall only be approved if the following conditions are met: .... 1. The mass, height, density, configuration, amount of open space, landscaping and setbacks of the proposed development are designed in a manner which is compatible with or enhances the character of surrounding land uses and is consistent with the purposes of the underlying zone district. ~ - Response: The applicant proposes to increase the floor area from 4,557 sq. ft. to 4,997 sq. ft., an increase of 440 sq. ft. Most of this addition is due to the enclosure of the sundeck; approximately 30 sq. ft. is due to the proposed elevator. .... These small additions will have a minimal impact on the mass of the building, by enclosing an area that is currently an outdoor deck with an awning. In fact, the proposed FAR of the building will only be 0.83:1, which is well below the maximum allowable floor area of 1:1 that could be achieved in the Office zone district via special review. We feel that it is important to limit the mass being added to this historic landmark, which is why the applicant proposes to provide the required affordable housing for this addition off-site. ,... .... .... The height of the structure will not be changed, and the site coverage will increase by less than 1%, in order to establish a landing for the elevator. Setbacks will not be affected at all by the addition, nor will the landscaping be altered. .... 2. The applicant demonstrates that the proposed development will not have adverse impacts on surrounding uses or will mitigate those impacts, including but not limited to the effects of shading, excess traffic, availability of parking in the neighborhood or the blocking of a designated view plane. .... "'"' Application Cor an Addition to Explore Booksellers and Bistro Page 11 .... r- .... .... Response: The proposed development will not have any negative impacts on the neighborhood. There will be no additional shading on the alley due to the enclosure, nor will any designated view plane be impacted. .... As described above, enclosing the sundeck will not increase the number of tables found in the bistro, or the amount of space devoted to book sales. Therefore, the addition will not cause an increase in traffic, or cause the need for additional parking. .... V. VESTED RIGHTS .... Pursuant to Section 26.52.080 of the Aspen Municipal Code, the applicant hereby requests that this development be granted vested rights status. - VI. CONCLUSION In summary, we have submitted all of the materials requested of us during our pre- .... application conference. We have responded to the applicable standards of the Aspen Land Use Code and have demonstrated our compliance with said standards. Should any reviewing agency request additional information, or need for us to clarity any of the statements made .... herein, we will respond in a timely manner. Please feel free to contact us as necessary. .... .... - - .... .... .... - r- Application for an Addition to Explore Booksellers and Bistro Page 12 .... .... ... !"" ... ... EXHIBITS .... - .... .... ".. ,... ,... - ... ,... .... ... ... .... .... EXHIBIT #1. ORDINANCE NO. .0..L (Series of 1976) .... ,... AN ORDINANCE DESIGNATING THE SHOENBERG RESIDENCE (LOTS D AND E OF BLOCK 74, ORIGINAL ASPEN TOWNSITE) AS AN HISTORIC STRUCTURE AND SITE PURSUANT TO ARTICLE IX OF CHAP1'ER 24 OF TilE ASPEN HUNICIPAL CODE ,... WHEREAS, the Aspen Historical Preservation Committee and Planning and Zoning Commission have forwarded a recommendation - to the Council supportive of the designation of The Shoenberg Residence as an historic structure and site and the City Council ,... wishes to pursue that recommendation and complete the designa- tion process. ,... :101'1, "'HEREFORE, IJE IT ORD.\INED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 .... That the following structure and site be and hereby - are determined to have historic significance and that the following described property be designated as an II Historic ,... Overlay District pursuant to the provisions of Article IX of Chapter 24 of the Aspen,Municipal Code. 1~ots D and E of Block 74, Original Aspen .... Townsite, Pitkin County, Colorado (The Shoenberg Residence) . .... Section 2 If any provision of this ordinance or the application ,... thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications .... of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of .... this ordinance are declared to be severable. - ,... :<,:,:(;~~;t,,,,,:~,,:P.l~':I!!, "7.'('/'~' 1': ';-t':. 't"(;':',~.::~~f~:, , ":''':'' :~i&oRjj6~~i:tEDiN&* f.>ection 3 That a public ~.Lv.. J ...J.:l hearing be held on this ordinance on , 1976, at 5:00 P.~. in the City Council Chambers, City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing notice of the same shall be published once in a newspaper of general circulation ... within the City of Aspen. INTRODUCED, READ AND ORDERED published as provided by law by the City Council of the City of Aspen, Colorado, at its regular meeting held at the City of Aspen, on the ~ !"'" day of &cr~ 1976. ./ "-' /.. c/ {/ / i ... ....... .-,~,,-:,>c I r...,,..-::.... S~acy Standley ~II Mayor ( < . i-V I !~ ATTEST, ,... ~Cl:TUu.....,.J J ;,{€<<..4...J Kathryn Sf Hauter City Clerk day of FINALLY adopted, ~ passed and approved on the o;J,,? ... , ),976. "0.) ATTEST: , .' r"-'.' c,~;:c;~"J:;7:~~~~:~ Mayor II J? " - " --- <=1 ./ - ... . " ;' ,f t ,.... ~)J daJ<J7J; Kathryn . :Iauter City Clerk ... ... ... -2- ;;.;... - '1'-'...."":;) r.;;. EXHIBIT #2 .... ... .... S-Clity of Co1ftract STEWART TITLE OF ASPE.~, INC. .... Decexnber 21. 1999 .... ... Katharine Tha!oog is the sole owner of:- Lots D and E of Block 74, City and To""",ite of Aspen County of Pitkill, Stare of Colorado .... Albched is. copy of Katharine's deed, recorded OCt'Ober 14, 1976 as Reception No. 187967 ar Bcok 317 Page 989, ,-., Sincerely, ~ f;afl;tJJ1- A1llall.da Bartlett Title Plant Supervisor .... .... ,., .... :,... ... .... ~' .... "Enluzncing the Real Estate Closing Process" .... ... 620 E. Hopkins' Aspel1, Colorado 81611 (970) 925-3577 . FAX: (970) 925.1384 A <:orporare .ff"<!iale of SleW art lnformlllion Ser>.ices Corpor3Uon (NYSE: STC) . http://..'Ww.stewal'tcom .... ~ I'" - ... .... ... ,.. ... .... .... .... .- ,... - I"" - - .... rF:RSm!;~I. r.r.J'~FSE::':'lI,T~'l? j.S r,',I.;'\.1!~",.::!,y DZ'::::.:. 'Jl...\ 1'/ tr:,tt,; ~",",""" "",..rz, ~() "."'_~M'_ _ This ir:dcntcrQ b~:tws.en !::C1TH scm:cr!l'~:J JOU-;1SCtJ. ~~ terzonal Re'p":. ...~ ~ reser:tativc of t.he E'sta'.:a or 3th.?: :t. .?'rC'.o:;f~.. dp.c':!ased, pa::'tj" of t.te first part and K."}I'PJ\RI~;E T!::\Ln8r.G af 434 ~;"est Smussl.!!r St=eet r AS:?~::, P~~~in ~o"n..y, ~o"r"d' ........... --.. '"; ....; ... ...., par~~' 0: the second part., 1,-!!'!XESStTH ':'F..!1':': WHERZAS, i:~ the Dist:ict Court in. ar..c1 f~r ~he County of Pi t- kin in the St~t2 o~ Coloradc, on April lUt 1976, i~ t~~ ~att~~ 0: ~h~ Zstata of Ethel r~. Frost, daceased, @robata no. P-:Z~4r a~ o~ce= was enterec 1:~t t.ho !{sgi.:i':.::':;tJ: ad.."':!itti~'lq the t-:il1 0= Ethel :'1. :'res":. 't::r ,?ro- bate and a?~cintinq n~th Sne~han Johnson as Fers3nal rap'rGse~ta~~~a of the ~st.a:te 0: .E~1:e.l :i. Frost; NOW TH~l~P.O~r p~:~y cf th~ =i~~~ p~~~ as p~rs~nal ro~=~s~~~a- tive of the. tsta't:.e cf ~th'3.1 lot ~:rCSt.f dec:2c.se~, fo!: 2.:1:i :.n COr:.5i.c.t];~a- tion of One Hundre~ ~cllars (SlOO.CO), in hand ~aicl, ~~a oths= good and valuabl~ co~side~ati~~ hereby s~11s anc ccnveys tc Katha~ine Thalberq the fOllQw~nq ~eal p=~~e~~y in ~~~ county c! pitki~ ar.c State 0: Colo~~ao, to-wit: Lots D and ! ~: 1"J oe>~ i 4, :'lJo;.tn of ;o._snsn, The st4aet ~edreos of ~n!ich i~ l~l ~a~t Main Street, Aspen, Co:oraeo with all its appurte:"l.a~e.;.:s ~nd ~..~a.rrants the -ti-:::'e to -l:~e sa:-!e SL~:Ci:ct 1:0 general t~L...":~S :'oJ:' th~ yet.: 197r: '_" day of ....--;}j i ." V ( , , /~/; Signea t.!1is ~.tTvj' ..~ , lS7f:. ~S:'AT;: Or" ~'!'~ir::. ~,.!. FROS?, Ct.C~~~~S!:J I , I '. /) 0 /,/~.......' I .l.~, ey ._.....f.. ~.-' ..J'" '. Hut.h. ~::.cC'l:.:t:r~ ":~'~::.':::~:,1, Pers~/r:.nl PC~':"i'"':'f".(-,:~':.~l".:iv'~ . , (\ ".\ /" STi\Tf; OJ' CJ'.L!:--O;~:J1l\ ss. CCU~;'l'Y Cr' j\:"1V:t:~~\ The ~~c~c and fo~~~o~~~ j n$';.::"':'~~'.-,;1t ..1:~~. r,c:".;-.<:.'.';:''':'L::;::(. i..'_ ":;:.:'(: " . thi~.i .~ .~.....~ dOl" 01: :: . ~ ,l 1(\.'6;Cy :":t:'.;h p~"",,,,~l r=;,=,:~:::,t:..-:,:~>~'~ ~:;c'-:':"t::~' (.1' n'ol S~~Ch~:l ~~!~t~~~~, ~~ :.:'::::~::, tt:C':-';:F'~'(;. ... ... ,.. ... ... ... - - ... OWNERSHIPANDENC( BRANCEREPORT ~7S*AB '- ~l'3lj.O() STEWART TITLE Of ASPEN, 'INe, HEREDY CERTIFIES frorn a search of dle books ill this orficc that the ownero( L.,ts 0 and E. Block 74. CITY AND TOWNSITE OF ASPEI~ Situated in tlte County o( Pitkin, State of Colorado, appears to be vested in the name of Katha~ine Thalbe~g and that the above described property :l:l'pears to be subject to the following: l':ity of Aspen ~)rd,in.ancF.! ria. ~o (Set"ip.s of 1976) Op.sil"Jtl.:lt.tnq' an Hist,,~ic Distdct. ~eco<d"u Dec"mbe< 0'). 1976 in Sook 321 at Page 51 as Reception No. 189906. c:ity of Aspen Ordinance No, 61 (Serles or 1976) Desi'ynatit\'J an Historic Structure and Site, l"~c.ord~d Decemb~r 09, 1976 1n Ik~ol<: 321 at Page 55 as Reception No. 189907. - - .t)te~M' _It ~_~y...~L.U, lib~.l af . It) 0, ftIB"iltleRQ !lRd f1Inr"att'llRIl 'Ill rti'QTd EXCEPT any and all unpaid taxes and assessments. ... This report: does not reflect any of the following matters: - 1) Bankruptcies which, (rom date of adjudication of the most recent bankruptcies, antedate the report by more than (ourteen (14) years. 2) Suits and judgments w~ich, from date of entry, antedate the report by more than seven (7) years or until the governillg statute of limitations lias expired. whichever is the longer period. ,... 3) Unpaid tax liens which,fro~. date of payment, antedate the report by more than seven (7) years. - Althougll we believe die facts Statea are true. tllis Certificate is not to be construed as an abstract o( title, nor an opinion of title. nor a guaral1ty of title. and it is understood and agreed that Stewart Title of Aspen, Inc., neither assumes, nor will be c1largcd with any financial obligation 9r liabUity whatever on any state. ment contained herein. - DOIted at Aspen, Colorado, this 03rd day o( Al'dl A.D. 1989 at 8:00 A.M. ,... STEWART TITLE Of',ASPEN, INC. ....... "~~~ ... SteWl1rt Title Form OEZ 10/82 ,... - I"" - - ,... ... ,.. .... - ... - ... ,... - - - - ,.. EXHIBIT #3 Ms. Amy Guthrie, Historic Presetvation Officer City of Aspen 130 South Galena Street Aspen, Colorado 81611 RE: LAND USE APPLICATION FOR EXPLORE BOOKSELLERS AND BISTRO Dear Ms. Guthrie, I hereby authorize Alan Richman Planning Services to act as my designated representative with respect to the land use application being submitted to your office for my business, located.at 221 East Main Street. Alan Richman is authorized to submit an application to allow me to make a small addition to my property. He is also authorized to represent us in meetings with City of Aspen staff and the Aspen Planning and Zoning Commission, the Growth Management Commission, and the Aspen City Council. Should you have any need to contact me during the course of your review of this application, please do so through Alan Richman Planning Services, whose address and telephone number are included in the land development application. Sincerely, ~r~ ..~~ Katharine Thalberg PLANNER: PROJECT: REPRESENTATIVES: OWNER: TYPE OF APPLICATION: .... - ... .... ... ... DESCRIPTION: ... 1""" EXHIBIT #4 CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY' Nick Lelack, 920-5095 DATE: 12/27/99 Explore Bookstore Expansion of Net Leasable Space Alan Richman Katherine Thalberg Special Review to Increase the Floor Area Conditional Use Review to Expand an Historic Landmark in the Office Zone Growth Management Quota System Exemption for an Historic Landmark This application is for approval to enclose the back deck on the second floor of Explore Bookstore. Enclosing the back deck increases the building's floor area which requires conditional use and special review approvals. Further, the applicant is requesting the ability to mitigate for affordable housing off-site because of site and structural limitations. Land Use Code Section(s) to Address in Application: Section 26.304.030, Application and Fees; Section 26.425.040, Standards applicable to all conditional uses; Section 26.430.040, Review Standards for Special Review; Section 26.470.070(D), Growth Management Quota System (GMQS) Exemption, Historic Landmark; Section 26.710.180, Office (0) Zone District. - - ... Review by: .... Public Hearing: Referral Agencies ... Planning Deposit: - Total Deposit: SUMMARY: ~. Planning and Zoning Commission, Growth Management Commission, and City Council (method of affordable housing mitigation). Yes at Planning and Zoning Commission and Growth Management Commission. Engineering ($160), Zoning Officer, Housing ($160), Parks, Fire Marshall, Water, ACSD, and Streets. $2,220(12 hours; additional hours are billed at a rate of$185 per hour in 1999 and $195 per hour in 2000). $2,540 (this deposit is subject to change depending the date of submittal) The purpose of this project is to enclose the second floor deck located on the back side of the Explore Bookstore, Special review is required to increase the floor area in the Office Zone District, and ,.., conditional use review is required to expand an historic landmark in the Office Zone District. In addition, a growth management exemption is required to increase the FAR and net leasable square _ footage of an historic landmark to be used for commercial or office development. Finally, the Community Development Department will separately propose a code amendment to allow applicants to provide affordable housing mitigation off-site for historic landmarks. The applicant assumes the risk of _ submitting an application for the proposed development which is contingent upon the City Council's approval of the code amendment.' .... ,... - .... - ,... - ... .... - , ...,.) - ....... - ,... .... 1""' ,... ,... ,... ) ,... ;..... () /,~......, EXHIBIT #S .' RESOLUTION OF THE ASPEN PLANNING AND ZONING <:;9MMISSION' RECOMMENDING 'mE APPROVAL OF EXPLORE BOO~ELLERS GMQS EXEMPTION & INSUBSTANTIAL AMENDMENT TO A CONDITIONAL USE , Resolution No. 89~ Whereas, the Aspen Planning and Zoning commission -held a public meeting November 21, 1989; and Whereas, the Explore Booksellers GMQS Exemption and Insubstantial Amendment was included on the consent agenda; and Whereas, the Planning staff recommended approval of the exemption a~d insubstantial amendment to the conditional use with conditions. NOW, THEREFORE, BE IT ,RESOLVED by the Planning and. Zoning Commission: That it does hereby approve the Explore GMQSExemption and Insubstantial Amendment to the Conditional Use for at 221 East Main street, Aspen with the following conditions: 1. No more than 50 seats-shall be provided for customer use and the kitchen-shall remain a prep kitchen. 2. The proposed addition shall be used only for deliveries and storage not for office or commercial use. 3, Prior to issuance of a building permit, the applicant shall place a restriction on the property, to the satisfaction of the city Attorney, requiring that if additional floor area is requested, the owner shall provide affordable housing impact mitigation at the then current Housing Guidelines. ... ... ... .... ... ... .... - - , ). ... .,'; .' . ~ - - ,... 1"'" - ,... ...., iJ ... .... (- \ ' 4. Prior to the acceptance of a building permit application, the applicant shall provide a.deed restriction, subject to moderate income. price. and occupancy gUidelines, approved by the Housing Authority for a unit to house .29 employees or a cash-in-lieu payment subject to current Housing Authority Guidelines (at the date of approval, based upon current guidelines 1990-199l, the payment is $7,497) at the time of issuance of the building pe~it payable to the Housing Authority for processing. APPROVED by the Commission at their regular meeting November . 21, 1989. ATTEST ASPEN PLANNING AND ZONING Clerk Chairman - - ALPINE PETROLEUM LLC 435 E MAIN ST ASPEN CO 81611 r"" ,... CARTER CLAUDETTE , 0373 SOPRIS CREEK RD BASALT CO 81621 ,... ,.... CONNER CM INVESTMENTS LLC . PO BOX 345 '"ASPEN CO 81612 ,... FORGE PARTNERSHIP ,....PO BOX 3159 ASPEN CO 81612 - JONES ELIZABETH MARIE TRUST MILLER ETHAN A AS TRUSTEE ,..;102 E HIGH ST PO BOX 1285 ~HARLOTTESVILLE VA 22902 I"'" AONARCH BUILDING LLC POBOX126 WOODY CREEK CO 81656 - ""'ORTH & SOUTH ASPEN LLC 00 S ASPEN ST 'ASPEN CO 81611 - ,a.OAMAN HARRIET J . iO E 63RD ST OWYORK NY 10021 ,.... SUNNY SNOW L TO 1&17 TERRELL RO ! ,N ANTONIO TX 78209 - ~ ~EELER SQUARE ASSOCIATES FLEISHER COMPANY INC C/O 200 E MAIN ST P-;OEN CO 81611 EXHIBIT #6 LIST OF OWNERS WITHIN 300' OF PROPERTY ASPEN ARCADE LTD LLLP 4020 PALOS VERDE DR N STE 206 ROLLING HILLS ESTATES CA CARVER RUTH A & MARTIN G 10 BYRON LN MUSCATlNE IA 52761 COX SAMUEL WESLEY 117 N MONARCH STREET. #1 ASPEN CO HAYES MARY ESHBAUGH TRUST HAYES MARY ESHBAUGH TRUSTEE PO BOX 497 ASPEN CO 81612 KUHN NIKLAUS G & GERTRUD E PO BOX 8016 ASPEN CO 81612 MOUNTAIN STATES COMMUNICATIONS INC PO BOX E ASPEN CO 81612 NUNN RONALD E & SHIRLEY A 741 SUNSET RD BRENTWOOD CA 94513 SEGUIN WILLIAM L PO BOX 4274 ASPEN CO 81612 THALBERG KATHARINE 221 E MAIN ST ASPEN CO 81611 BERGMAN CARL R & CATHERINE M PO BOX 1365 ASPEN CO 81612 CITY OF ASPEN 130 S GALENA ST ASPEN CO 81611 CROSBY EWALD H GETTMAN ROSA 4208 RICKOVER DRIVE DALLAS TX HOTEL JEROME ASSOCIA rES L P PARTNERSHIP 330 E MAIN ST ASPEN CO 81611 LA COCINA INC PO BOX 4010 ASPEN CO 81612 MSJ PROPERTIES LLC PO BOX 966 BASALT CO 81621 PEARCE FREDERICK EDWARD 50% INT 216 E MAIN ST ASPEN CO 81611 SHOAF JEFFREY S PO BOX 3123 ASPEN CO 81612 US WEST COMMUNICATIONS 6300 S SYRACUSE WAY STE 700 N ENGLEWOOD CO 80111 ,... ,... ,... - ,... - r- ,... ,... I'" ,... ,... ,... - - - - ... ... MAPS/DRA WINGS '"" .... .... , 8q~ ~~~ ~~~\ ,),.~~ ~l ~ 9- ~ ~... ... '" ..._",.. U'. v , r- ,... ~,,-, ,>""\." i \ / \. ,~ ~ <$td ~ '.0 , '- " ~ ... I""" ()~ ~! S&,,<% "- ~\" . q..~ ..~ ~.... .' ~.... f ,,. ,. "\ , .... ..' .... .... i:f /' <:/ "I -~.j . '1 :t:: ... ~j rif'/ll'Ose ..!'1ffII1,'" p~,:" \~~~~ ':~ I (] ... - . ~~~~,........,~~ - - .. .-....--. l'1AII-./ ~ -----~----~- -- --::::-- " ----=-...-:;;...--=..~~....~....- .-~' .. , .. '., . "._ H'~.. c..OHc;., <SIDE.. /-.I.6./..;:'" . '--~'---~--_. ,....... . ...--.-......".-,... - - ..--......'---- ~....-..~._....,....,-- - -'., ----~_.. ... ."..... -7 I \ ---~- I I I I , jll I '!>~1 I ! , I , I i ~... ~ , I ,I I ;j.~~.~'" .. ';l'~ i 1- '--- ...,<'-=- -~~Y HII-iorJN - --L_ Haop :~:~t"'p . : r I I I ! I[ I I :i.! I ~~ 1:1 I I I I I I -, I I I I I I I '-I I r--- I -_H __._. I I I I I I I I I I I I r..... I I I I I I I L_ _~'Z-1 ~,Pc40LM,60IN :r;~~f '?tQ12Y ~I..p~ ~.xf'/__OJ:e..t=. ~OOt::. ~I:.LJ....~(Z" ! .'. .,..--. . ----._.m '_1_ J,I ~Jrz.O I " r,;.... , ...,--... /;:-;;:;/ .... /. "'>~>~,'/ /~ ~~J~ ~V>l;.~j,it"'f.DI5G /G. ///'Z.NP ~I?(?IC.- . /<. \ t. / t"!.i~c:.l.-oi-re . .' //. ""XI~fJt-l6 i7~..y /r"'/ .. / // 1"0 ~'-LOt',,1:. "'~>i ~/i:~/ .' /~/::. ... e; O~~~~;~TO~~:.:;: . .~~,~y. /.., "IV: ./ ."/ / / / .' .. // / .... ' ". ~ ,- /' / " , . .' /.~,,/ "/'/"/-' ." /.. // ""H .,/ ,"',/" /' // </~,.. .,/,./ I' .,,^ ~. ~'~ .:~ ~ . . ---- ~' .,_.~ .~~ "-'_.~ --===' - , '------- f- '" /<::>]1 He; FE.H c.a. .'..-...----..-------, --..-..---.--....-.-.....---. ...~-- .' ....---- "1 ~Xi"7f1H'1 f'~J<:.-II..I<1 .<?f',At-FE-4r t;'1~ '-I ~11t=.. 1'1'1~ Y'&II ::..1'_ 0/1 PLAI-J ~o I - I I I i , - - - - --, - = '" \ '", i Ii 1::2 ~; Ii' I \. @j i _I-it} L~-=____~_, ".,.. ..._"._~-----"_._.,.-. '_.... .-.~- -l?11'11i</-IT'p H"::o a:: '::of2.rp...,A,_I"':> r'<J F->.-. ~p!y"ii!jo.j"p ~~ I i 11 ,,1'...1-1 u I"'P.....,- E..~ e,U It. Ylt;,(. -p1~"->~ PIM', ~"";':D e/I' Pr;..4'C.1jJ/E.~ ~'", . ~IJII_ r !?P",. j-J 1H"'r <:;. ! , /5''''i<.,rll.j'1 ":>l)(2.v.....r: I ". \ I:. -\ ~~~~~~~~~~~~~~~~~~~ DO o :D D , t\'I ------~- x~c- " ~~ ~~ - \" if .J)~ ~ r.\f) ~~ ~: ~1V ~ ..~. 1[:]1 '~ . D .' r--'-"'~ IJ]g j .~' ~; , . Ie . . ; , ; 'I' . ~ :, ~ j ;. . " : , '11 I I": 1'; .0',,",",=:. ' .- I' . ,_..... _,. ""'_._"..',..._'w..",_.." ~~~,........~~~~~~~--.,........".--~~--.-, -- , I ,. '\ :,,-;;" \ r I ~ I I i \ '. J .::.....;'., t .:" "~ 'Ij ~ "';::'.'" ('t '~, \.1:1 I " .-... '::> ~Dp o o , .;; [2]...,. 0, \J\ ~ c. i 1\\ . --F. lJi. ~ V\ '1'\1 ~ ~ ~ ~ ..--. ---- ......... ~ ........ ........... ,......., ~ ~ ,-- ~ - - ---, - - ~~ \\\ 'I. ~, " f'\~ ~~ j ~ ..9~ l' ~ f= {It \1'.,..., } \I ut -J' . : I I .' II ._.;,..... ....___._IJ_~__IL_-'_ - -,- -IT-"'- - 1-7-'11'- "-,.'- , ". 11.,1 , Ii . i I Ii' __~. -d1____.J o.,_";;..__..ll__' ".__ -- - 'r----ll--:--..,r-~- . II : I' .. II :: =::'::'l..J~:::r'=-l r=~.:=;jF'::+'= . I " I" II ,: '. . _ J!..Jw.o..J.t....,._: _ -.lL.....,;,L......."J.L. .,.. ,:~. ''- ' ----.,r-~--, r--::--'1t==':;=-= . II . 1 I :n;I,\I\lII" 1'--', .-:..-'.,_.JL. --.' _...J. 1..,1& ~L__I -,0,1' ..1 ----,r---'r Pl'.z==""f'--f-,I Ii JI ; " ~~I .' J' 'I __, _ L__._, _-1.L.--:- .' W L_'. _ L II ---lr----lr-. r--:-- r--'=''''-- -~-rr"1 I ,.."'~ ,~ II .' . 1\, , ___,-l.,l..-__._.J L_j~lUL_-,-_.u-__. -" ---'r - "'-, r-'-~~r------rr--- I, . II~~II II --...../1----1. . . -l.L___:.J.____ ---',T-'-;-'" r 'r.-'-,r----' II I I " II, ___-1.L-__._....! 1.-__1_.__, _..11_,___ -----,r----, r--' ,r-"'--jl-""-- . I II ~ j! I ' . - -," - J , ~.~~ . ..-\ k "., ~ .~ "- "- ". I ,( :~ ~ 1 , 'If: ~ , ~ I I ,'i' , j ! I . ; , , I I , L.____' -'1 ,A ',. 1.'1 t, ,;t 'f<:l"...,," I.. ,,',~ ; , n' "'. 1 I.; 'J1:;I>~~ ..., '<."", "'''' -X ~~ +-; ji\- :xzl t' U II I Ii ,I I" I' ~-"'- . -_....-...~-_.... ~_' '......"_...h.'....... .... ..! ... ... ..... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... . ASPENIPITKIN COIVli\flTNITY DEVELOPMENT DEP ARnlENT City of Aspen Development Application Fee Policy The Cty of Aspen, pursuant to Ordinance .19 (Series of 1998), has established a fee structure for the processing of land use applications. A r1at fee or deposit is collected for land use applications based on the type of application submitted. Referral fees for other City departments revie'Wing the application will also be collected when necessary. One check including the deposit for Plnnning and referral agency fees must be submitted ",-ith each land use application. made payable to the AspeniPitkin Community Development Department. Applications will not be accepted tor processing "'-ithout the required application fee. A t1at fee is collected by Community Development for Administrative Approvals which normally take a minimal and predictable amount of staff time to process. Tne fee is not refundable. A deposit is collected by Community Development when more extensive starr review is required, as hours are likely 10 vary substantially trom one application to another. Acrual staff time spent will be charged against the deposit. Several different staff members may charge their time spent on the case in addition to the case planner. Staff time is logged to the case and staff can prov'ide a summary report of hours spent at the applicant's request. After the deposit has been expended. the applicant "'-ill be billed monthly based on acrual staff hours. Applicants may accrue and be billed additional expenses tor a planner's time spent on the case follo\'.ing any hearing or approvals, up until the applicant applies for a building permit. Current billings must be paid vvithin 30 days or processing of the application vvill be suspended. If an applicant has previously failed to pay application fees as required, no new or additional applications willbe accepted for processing u''ltil the outstanding fees are paid. In no case wiII Building Permits be issued until all costs associated with case processing have been paid. When the case planner determines that the case is completed (whether approved or net approved), the case is considered closed and any remaining balance fr()m the deposit will be refunded to the applicant. Applications which require a deposit must include an Agreement for Pavment of Development . Application Fees. Tne Agreement establishes the applicant as being responsible for payment of all costs associated with processing the application. The Agreement must be signed by the party responsible for payment and submitted with the application and fee in order for a land use case to be opened. . The current complete fee schedule for land use applications is listed on the reverse side. , ....' ... - ~ ... ... ~ ... - ... ... - ... ... ~ - ,.. ... ... '.' ASPE:'iIPITKL'I COMMUNITY DEVELOPMENT DEPART:I<IENT A~reement for P:1vment of Citv of ASl'en Development ~pplication Fees ~(}w..i/...'-"- G\.....\~;2.'i CITY OF ASPEN (hereinafter CITY) and (hereinafter APPLICANT) AGREE AS fOLLOWS, APPLICANT has submitted to CITY an application for \ c...o~,~'^"\ v~ ~'-~ ,b""'~<; l6'JLe.-r~- (heremafter. THE PROJECT). 1. ~'SI"c._..~ ~\a:.., ~ APPLICANT understands and agrees that City of Aspen Ordinance No. .19 (Series of i 998) establishes a fee stl1lcture for Land Use applications and the payment of all processing fees Is a condition precedent to a determination of appiication compieteness. , APPLICANT and GTY agree that because of the size, nature or scope of the proposed project. it is not possible at this time to ascerrain 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 foilowing 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 thev are necessa.r..' as costS are incurred. CITY agrees it will be benerjred through the greater ce:rainrv of recovering i~ full costS to process A.PPLIC.\NT'S applicati~n. - - , 4. CITY and APPLICANT ful".ber agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission andlor City Council to enable the Planning Commission andlor City Council to make legally required tindings for project consideration, unless current billings are paid in full prior to decision. S. Therefore. APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application comple,eness. APPLICANT shall pay an initial deposit in the amount ofS which is for hours of Community Development staff tL'lle. and if actual recorded costS exceed the initial deposit. APPLICANT shall pay additional monthly billings to CfTY to reimburse the CITY for the processing of the application mentioned above, including post approval review. 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, ~.tLJ~ ie Ann Woods ~ommunity Development Director By: ~$ c:.-. ~. to 9 Date: /,J...;l.'.'19 Mailing Address: ~d- \ z:.~.I, \.MA.-- S~* ~~ \ ~\...,,~ Stfo q ... - ASPEN/PITKIN COMMUNITY DEVELOPMENT 1999 LAND USE APPLICATION FEES ... CATEGORY HOURS DEPOSIT FLA T FEE ... Major 12 2,220.00 Minor 6 1,110.00 '"" Staff Approvals 460.00 Flat Fee 255.00 ~ Exempt HPC 65.00 Minor HPC 120.00 ... Significant HPC <1000 sq. ft. 312.00 Significant HPC >1000 sq. ft. 624.00 Demolition, Partial Demolition, Relocation 1250.00 ... Referral Fees - Environmental Health Major 320.00 - Minor 160.00 Referral Fees - Housing ... Major 320.00 Minor 160.00 ... Referral Fees - City Engineer Major 320.00 - Minor 160.00 ... Hourly Rate 185.00 ... - ... ... !""'II r'"'