HomeMy WebLinkAboutcoa.lu.sr.221 E Main St.Explore Bookseller.A118-992737-073-28-002 A118-99
.��,Explore Bookstore Special Revie•
In:2 j P, «— r
560-4A'V�-cd. 9 1uP
T,
re�os
P4?, IA L� ao
6" c .9, t DC3
__j
bb4d
COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
(970) 920-5090
City of Aspen
Land Use:
1041
Deposit
1042
Flat Fee
1043
HPC
1046
Zoning and Sign
Referral Fees:
1163
City Engineer
1205
Environmental Health
1190
Housing
Building Fees:
1071
Board of Appeals
1072
Building Permit
1073
Electrical Permit
1074
Energy Code Review
1075
Mechanical Permit
1076
Plan Check
1077
Plumbing Permit
1078
Reinspection
Other Fees:
1006
Copy
1302
GIS Maps
1481
Housing Cash in Lieu
1383
Open Space Cash in Lieu
1383
Park Dedication
1468
Parking Cash in Lieu
Performance Deposit
1268
Public Right-of-way
1164
School District Land Ded.
TOTAL
NAME:
ADDRESS/PROJECT:
PHONE:
CHECK# c
CASE/PERMIT#: A l l 11,# OF COPIES:y
DATE: L �7 ! ��� INITIAL:
CASE NUMBER
A118-99
PARCEL ID #
2737-073-28002
CASE NAME
Explore Bookseller and Bistro
PROJECT ADDRESS
221 E. Main
PLANNER
Nick Lelack
CASE TYPE
Special Review, Conditional Use,GMQS Exem
OWNER/APPLICANT
Katharine Thalberg
REPRESENTATIVE
Alan Richman
DATE OF FINAL ACTION
4/25/00
CITY COUNCIL ACTION
Reso. 45-2000
PZ ACTION
ADMIN ACTION
BOA ACTION
DATE CLOSED
6/30/00
BY
J. Lindt
PARCEL ID: 2737-073-28002 DATE RCVD: 12/31/99 # COPIES: CASE NO A118-99
CASE NAME: Explore Bookseller and Bistro PLNR:
PROD ADDR: 221 E. Main CASE TYP: Special Review, Conditional Use..GM STEPS:
OWN/APP: I Katharine Thalberg ADR 221 E. Main st. C/S/Z: Aspen/CO/81611 PHN: 925-5336
REP: Fan Richman ADR: Box 3613 C/S/Z: Aspen/CO/81612 PHN: 920-1125
FEES DUE: 2220D 160E 160H FEES RCVD: 2540 STAT: F
REFERRALS
REF:— BY[— DUE:F—
MTG DATE REV BODY PH NOTICED
F— � I I
REMARKS
CLOSED: — BY:'1 -�3 , L I �,i(,
PLAT SUBMITD: PLAT (BK,PG):
DATE OF FINAL ACTION: —
CITY COUNCIL:,
PZ:
BOA:
DRAC:
ADMIN:)
•
•
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
Development Director.
Ann Woods, Cottrmunity 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 of the Historic Preservation Commission numbered 25, series of 2000.
For further information contact Julie Ann Woods, at the Aspen/Pitkin Community
Development Dept. 130 S. Galena St, Aspen, Colorado (970) 920-5090.
s/ City of Aspen
Publish in The Aspen Times on 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, 4/11/00
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 Direaf
Woods, Comm�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 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 Aspen/Pitkin Community Development Dept.,130 S.
Galena St, Aspen, Colorado (970) 920-5090.
s/City of Aspen Account
Publish in The Aspen Times on April 22, 2000
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-
tially fraught with 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 that 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. _
s A;'Q-����
$ a °�' cps °a°`°n~c~o
d nt oao n cj
o y C
y'ou: $CS>o'oo 0 ze,
0 Ln -C°°' � y0
o000 o iC.h a ao
o 00 >,
.p
yaci guy aQ ti•c ,„ n' �:�
c�aac°'`�m
$_'
n�''�,° 'ova
e�o.i o'40 c°c°°)aaQ0ooX4�,
us
C)�cwaO.>cUo'y
No
Q ai
p 7s oQ cyd �� ' 5U o a>i 3 cs0. y o
a' 0 y Mc.. O y p . 0 U O y w U 0 0 0
O �. C a y ao a 10 p C a0 o dA u C ai
r>o ,am. a
>�00> Eoap ~o
0 yyyoo�.. maay?'a0 .:aNa>
to U
_ ry� y O y y ^0 vi 0 3 0 U C 0 y v. CC C rn a
h : O o
C � a0 c0 co •.. acz
'
. d .L -Y.O
cd h O
cr
'IT o �rn y o o a� 0.5 > 3 o a mac° c y �, C> `oy.N o� c
�c=-�x0 cc
�':3`"pcn'5: �20 °°ay-o.�'y: 3N �3a�3ti`-a��3caa
Oy cd y o nc—W °�° c" c 0 C c,Q cao aai�=' n,�:^ =�e U ryn=2 E
� cnw :03 y 0 G `d c°�o i oh m �co °'aotonc, y '~ � °o �.� �
o c a o °Q ��.� to o� E oQ n2' nU'.N� ^ mmo 3 �� ' 0°4
00
mD'
O -14 0 n'M
o -vn �3 g
ed ►cycao-"D7
°c0° 0.o �$ � 0
eOo
by o n
3 a o, 3•��a�o�0U3o@YyNy°
3_ $ 0 oQv co n' o v;12 `d , > co o ro
p� U 3 u yy ►.o� y 4, saq
co rn' m; vyi � C O 'C .� o c o �, C c c t� W
@°a'o3o o=a.'cyo�^�'3cs�°;�cD��c'ocyi��°:��,co
cco C y v, v ti° Q. W ayi cao '0 cz
o o n a o 0 oar ,�, a`di
n0i o aci 0 �"y a� 4. O 0Ca °:3 `—' a �¢Q3^°asf�^
i n C� fl cd jti Z o a-0^o > y v
cd a cc �'c y'� o a o.
° s c R
• 0'. to cCd �o ccbo yocc -C
0
ny 'O
CZ w cD
y 3C
o
aDoaa
Ln
o o0 a c
y n) . O y . o >C y .� y
cd y '_ ;S cc O y - —
.Cc>d �.cy .v, ,d $
s .2 � ' ca
U >, .
�. 0 LV . e *-tea, ° ca O rn � v0. o
on Q .;o v° o �c o,.�da �.-000
O 14.
U �$.� oQ E 3 ass
ai �, >; «• .c c to 0 go
0 �, o, y o .0 0 y an
on o ° -$ on 3 'a� a^u c :4 cw a c a 0. w U ros `" ° a0i �' � C'3 -0 `" 0 o
o°.b': ca�n'a�
o�a3c>�� ya�aQ�`ny3yv�aC"'j
0 d O ;a. y .� > cd . a' a O C y U a cd v, O �'
+� C M C ed y U O c U. b p ca O O in cs y v, 0 cd '0 y .. �.
° o .� ° w a� 0 � � `d o aci .n'c .a 0 `o o 0 ° >, � � 'a o �c "b4—u -a° �' cd y °cc
'a"
cd c 4: a� ° .^ c� c,:., oWo"i
. cd -0 0 a> 0 a x 0 '-' > a
0 O .,7 y 0 o a., � cd 0 o •�, �
C's
c'' x� 0�� �'�n o o o o-00°�o°'x`n�enL°,.cdo3 �..-v °E
0 o Z 3 �,.o o cd 3W 3.5 cwd 3 [ 3 o ccd 0-� c0� "'
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
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.
(� // cj 1,�
Woods, Community Development Director
G. Planning. Aspen. forms. DevOrder
•
•
MEMORANDUM
TO: Growth Management Commission
THRU: Julie Ann Woods, Community Development Director
Joyce Ohlson. Deputy Director4to
FROM: Nick Lelack. PlannerRKL'
RE: Explore Booksellers and Bistro Application for GMQS Exemption for Historic
Landmark and Method of Affordable Housing Mitigation — Public Hearing
DATE: February 29, 2000
APPLICANT:
Katharine Thalberg
REPRESENTATIVE:
Alan Richman
LOCATION:
221 East Main Street
ZONING:
Office, Historic District
CURRENT LAND USE:
Bookstore & Restaurant
PROPOSED LAND USE:
Same
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)
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
amongst the 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.
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 Growth 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 affordable
housing mitigation; the methods
include the provision of affordable
housing on -site, off -site of via a cash -
in -lieu 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 at the Category 3 level.
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 of the 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 tlllanagement 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 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.
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."
ATTACHMENTS:
Exhibit A -- Review Criteria and Staff Findings
Exhibit B -- Referral Agency Comments
Exhibit C -- Development Application
•
EXHIBIT A
EXPLORE CONDITIONAL USE cot SPECIAL REVIEW
REVIEW CRITERIA cot STAFF FINDINGS
Section 26.470.470 D: Review Standards for Historic Landmark Exemptions
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 the maximum permitted under the
e-rternal 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 set forth 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
Community 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 = 0.73 8 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 (1) space, or a waiver from the parking
the standards. Staff believes that HPC's recommendation be adopted after final review.
(c) Off site impacts. The development's water supply, sewage treatment, solid waste
disposal, drainage control, transportation and fire 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 surrorurilina
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.
3
FEB.29.2000 8:44AM P'-PE11 HOUSING OTC
NO.669 P.1
MEMORANDUM
TO: Nick Lelack, Community Development Department
FROM: Cindy Christensen, Housing Office
DATE: February 28, 2000
RE: Explore Booksellers and Bistro
Parcel ID No.
ISSUE: 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 of 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 Historic Landmarks, Section
26,470.070D59, Affordable Housing'
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 26.470.08005 for the applicable use.
It has been brought to my attention, that the Code section in the abovereferenced paragraph is
Inaccurate and should relate to Section 26.470. 1 0OB2, which states
The proposed development shall be required to provide affordable deed
restricted housing (according to the standards of the Affordable Housing
Guidelines) for a minimum of sixty (60) percent of the employees generated
by the proposed development using the standards of Section 26.470.100(C).
Therefore, this would require mitigation, at the Category 3 rate as stipulated in the Code, of:
3 k 1000 X 410 = 1.23 X 60% = 0.738 X $122,000 = $9Q036
RECOMMENDATION: Staff agrees with the applicant's calculations that a payment -in -lieu fee of
$90,036 would be required, Staff does not recommend waiving the mitigation requirement.
c1cftwortRr&erm)\axp1ore_m! t doc
•
ASPEN/PITKIN
COMMUNITY DEVELOPMENT DEPARTMENT
Agreement for Payment of City of open Development Application Fees
CITY OF ASPEN (hereinafter CITY) and
(hereinafter APPLICANT) AGREE AS FOLLOWS:
1. APPLICANT has submitted .o CITY an application forD-
�_ �j
(hereinafter, THE PROJECT). f
2. APPLICANT understands and agrees that City of Aspen Ordinance No. 49 (Series of 1998)
establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent
to a determination of application completeness.
�. APPLICANT and CITY agree that because of the size, nature or scope of the proposed proiect, 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 patties that APPLICANT make payment of an
initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis.
APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT asrees he
will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the
CITY when they are necessary as costs are incurred. CITY asrees it will be benefited through the greater certainty
of recovering its full costs to process APPLICANT'S application.
4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete
processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning
Commission and/or City Council to make legally required findings for project consideration, unless current billings
are paid in full prior to decision.
5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect
full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the
amount of S 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 permits be issued until all
costs associated with case processing have been paid.
CITY OF ASPEN
By: <^-
ie Ann Woods
ommunity Development Director
APPLICANT
By: --f$Z>-Y42_�A_
Date:
Mailing Address:
t —1e, 1 Lp�-',AL S(b (I —
PLAN RICHMAN 9201125 P.01
Alan Richman
Planning Servllco!s
Memo
to. -A"Tfidome
From Alan Richman
M Katharine Thaiberg
Dato December 18. 1999
Rat Code Amendment for Historic Landmarks
The purpose of this memo is to provide you with the language necessary to amend the Code to permit
affordable housing to be located off -site for the expansion of a commensal historic landmark building_
This language would apply to the following section of the Code (new language Is in bold):
Section 26.710.180.D.10. External Floor Area R
record):atio (applies to ovnbm'►ing and nonconforming lots of
For detached residential dwelling units and duplexes the external floor
R-6 zone district. area shall be the same as in the
All uses other than detached residential and duplex dwellings: 0.75:1, however, the 0.75:1 external floor
area ratio may be increased to 1:1 by special review pursuant to Chapter 26.430;
however, if the
external floor area is increased by special review pursuant to Chapter 26.430, then
blpercentadditional floor area must be approved for residential use
restricted to affordabley housing Thhee
affordable housing for a historic landmark shall not required to be located on -site if the HPC
makes a finding, as part of its review of the development application for the property, location of the affordable housing on -site would not be compatible with the
_
historilandmark
in terms of den, scale, site plan, massing, or volume. In such cases, when the external floor
area is increasedsigby-j-pecial review pursuant to Chapter
26.430, it may only be increased to
0.85:1. To obtain the increase, the applicant shall demonstrate that the affordable housing
rl"ovide a or via a cashin-lieu
payment complies with the provisions of Section
2 .470.070.D.5, and with the housing guidelines of the City Council and its housing designee,
r
As we discussed, this language would also be added to the bonus floor area
C-1 zone districts. This would require the same amendment Provisions for the and
- nt to be made to Section 28,710,�40.D.10
and
on 10.150.D.10 of the Land Use Code, with one exception. The maximum extema
oor
area n e CC zone would be 1.7:1, while the maximum ratio in the C-1 zone would be 1.2:1.
I can provide you this memo as an e-mail attachment If that will make your work easier. Please let me
know and I will be happy to forward it to in that form,
you Thanks for your assistance!
e page 1
Amk
Bookseller and Bistro.
��/
3. REviEw PROCEDURE
Tom►
• 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 Management Quota System Exemption for Historic Landmark:
Exemption requests to expand commgrcial spacp in a historic landmark
building and the method of affordable housin miti ation, s all require
review and ap rova y e Growth Management Commission, and
review and approval by City Council.
•
Conceptual and Final 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.
i-7Xor
,
lti
L-1
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 arou i
on e eck. Con itiona use approva is require�c 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.
M-14"
C`.
•
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 payme ap fees, impacts fees, and
building permit fees 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 of the Streets Department. All vehicle parking, including
contractors' and their employees', shall abide by the 2 hour residential
parking limitation of the 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.
8 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
i would not be compatible with the design, scale, massing, or volume of
the historic landmark structure
� O\V
o n
C.
.r- ; V �
C:
•
OQN 6c
79-9--
y 7
C,v v f�k &C"
GMQS Exemption
1. 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 Bis ro,
and to increase the Floor Area Ratio for the site to 0.85:1.
�cr
2. Review Procedure, purpose of project above, etc.
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.
Q
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 -lieu
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
at the Category 3 level.
5. Housing Authority Recommendation — NO WAIVER
RECOMMENDATION:
Staff is recommending approval of the GMQS exemption to
increase the net leasable square footage by 440 square feet o
V historic landmark structure and to increase the external floc
area ratio to 0.85:1, at 221 East Main Street, and the methoc
mitigation to provide a cash -in -lieu payment for affordable
housing.
t
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
•
•
EXPLORE BOOKSELLERS AND BISTRO
APPLICATION FOR
CONDITIONAL USE REVIEW,
GMQS EXEMPTION, AND SPECIAL, REVIEW
SUBMITTED BY
ALAN RICHMAN PLANNING SERVICES
BOY 3613
ASPEN, COLORADO 81612
920-1125
DECEMBER, 1999
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
EXHIBITS
# 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'
MAPS/DRAWINGS
Vicinity Map
Improvements Survey
Proposed Site Plan
Proposed South and West Elevations
Proposed Floor Plan (2nd floor only)
1 0 0
' 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 His
toric 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
Aspen
Land Use Regulations for each of these review procedures entify the pand provide a response plicable standards of eto each
standard.
It should also be pointed out that the staff has initiated a Code Amendment to permit
I 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.
I
Application for an Addition to Explore Booksellers and Bistro
Page I.
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. Summaryof Proposed
posed 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
1 warmer months, there will actually be a decrease in the number of tables available, since in
1 Application for an Addition to Explore Booksellers and Bistro
Page 2
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 PROPERTY'S COMPLIANCE WITH
OFFICE ZONE DISTRICT DIMENSIONAL REQUIREMENTS
Requirement
Code Standard
Existing
Proposed
Conditions
Conditions
Minimum Lot Size
6,000 s.f.
5,987 s.f.
5,987 s.f.
Minimum Lot Area Per
No requirement
Not applicable
Not applicable
Dwelling Unit
for commercial
building
Minimum Lot Width
60 feet
59.9 feet
59.9 feet
Minimum Front Yard
10 feet
10 feet
10 feet
Minimum Side Yard
5 feet
5.5 feet on each
5.5 feet on each
side
side
Minimum Rear Yard
15 feet
20 feet
20 feet
Maximum Height
25 feet
25 feet
25 feet
Minimum Distance
10 feet
Not applicable
Not applicable
Between Buildings on
the Lot
Minimum Percent of
No requirement
Not applicable
Not applicable
Open Space
Maximum External
5,089 sq. ft.
4,557 sq. ft.
4,997 sq. ft.
Floor Area
(0.85:1)
Minimum Number of
3 spaces per
7 spaces (9 would
7 spaces (10 would
Off -Street Parking
1,000 sq. ft. of
be required for
be required for
Spaces
net leasable
the existing 2,960
the proposed 3,370
space
s.f. net leasable)
s.f. net leasable)
Application for an Addition to Explore Booksellers and Bistro
Page 3
1 0 0
' 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 will 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 o the immediate P f e
vicinity of the parcel proposed for development and surrounding land uses, or enhances
1 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.
iApplication 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.
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 an adv
erse erse effects. The visual Impacts of
the addition will be limited to the alley side of the structure. We believe the appearance on
1 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
i 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 of public facilities and
services. This minor addition should not cause any increase in the demand for these
services.
1 Application for an Addition to Explore Booksellers and Bistro Page 5
1 0 0
I E.
I
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 -lieu
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.
I
Application for an Addition to Explore Booksellers and Bistro Page 6
1 0 0
' 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.
I
1
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.
I
Application for an Addition to Explore Booksellers and Bistro Page 7
1 0 0
IIII. GMQS EXEMPTION FOR A HISTORIC 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 D.5. These exemption standards,
and the applicant's responses to them, are 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 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
permitted under the external 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.
' 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:
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. 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 employee.er
P
' 6. $122,000 x 0.738 employees = $90,036.
IApplication 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 lace a restriction on the
P property, to the satrsfactcon 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 -lieu 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
1
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
disposal, drainage control; 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 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.
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.
I
Application for an Addition to Explore Booksellers and Bistro Pale 10
J
1 0 0
IIV. SPECIAL REVIEW FOR DIMENSIONAL STANDARDS
' According to Section 26.710.180 D.10 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 th
e he 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 for an Addition to Explore Booksellers and Bistro Page t t
1 0 0
Response: The proposed development will not have an negative impacts
y bve p acts 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 clarify any of the statements made
herein, we will respond in a timely manner. Please feel free to contact us as necessary.
I
Application for an Addition to Explore Booksellers and Bistro Page 12
•
EXHIBITS
Fl
• EXHIBIT #1
'RECORD OR PROCEEDINGS
1 ORDINAI7CE NO.
(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 CHAPTER 24 OF TILE ASPEN MUNICIPAL 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.
:1011, THEREFORE, BE IT ORDAINED 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 if Historic
Overlay District pursuant to the provisions of Article IX
of Chapter 24 of the Aspen Municipal Code.
'lots 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.
•
•
RECORD Oh PROCEEDfN0l"''
Section 3
That a public hearing be held on this ordinance on
1 —�U) , 1976, at 5:00 P.`1.
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.
by law
INTRODUCED, READ
by the City Council
AND ORDERED published as provided
of the City of Aspen, Colorado,
at its
regular meeting held
at the City of Aspen, on the
'
day of
�{� a
, 1976.
Stacy 3tandley III
Mayor /
ATTEST:
Kathryn S 11auter
City Clerk
'
FINALLY adopted,
passed
and approved on the
day of
,.Z976.
c:7
Stacy
St;Andley III
---
Mayor
! �/
ATTEST:
Kathryn Tauter
City Clerk
• EXHIBIT #2 •
Smctity of Contract
STEWART TITLE
OF i%cPEN, 0 C.
December-2 1, 1999
Katharine Thalber, is the sole owner of:
Lots D and E of Block 74, City and Tormsite of Aspen
CountY of Pitkin, Stare of Colorado
Attached is a copy of Katharine's deed, record? td Ocrober 14, 1976 as Recepr_on No. 187967 at Book 317 Page 989.
Sincerely,
O&M&-Q, ' r
Amanda Bartlett
Title Plant Supervisor
"Enhancing the Real Estate Closing Process"
620 E. Hopkins • Aspen, Colorado 81611
(970) 925-3577 • FAX: (970) 925.1384
A corporate at%liate of Stewart Information Senices Corporation (NYSE: STC) • http:1/ww:c.stewarr com
I
L�
_ This indenture between nVT1: SMrr1!P."1 .IOM!SCrI, az zlersenal Rep--
.
resertativc of the ?ste.,-C of -ELhel :1. Fre07, der,:�ased, „arty Of r; e
first part and F_ITFARI",E T1:.1LRC^G of 434 :;'est sr;�ugjFler St_eet, Aaron,
Pitkin Cocnty, Col:rada, part; e_ the second part, rr1r,;::E55LTi? .iiA^:
WFER AS, i:: the District Court in and for the County of pit -
kin ? t o: _
'_r, the S ata Calarado, on A.pri? 16, 19-5, in tee ,alto= o. tL=
Estate Of Ehe2 r4. Frost decease
' , n_-obflta no. P-:.I :4 , an order was
entered '' t:^.e Re r a
�F ._g-s `a a '_ -t g the o-:i=? of Fthel Frc-st tc pro-
bate and a-o-ocintina Ruth She,han :ohns01 as pepsin al ra;.:?rzsen�.e
of the Estate of Ethel :'. Frost;
NOW Tfi:M,;Fpp,E,, par-_ cf t}:e =first part as pc=sor.al re_C=asen�a-
tive of the Estate of Ethel X. rrest, deceased, for and fin corsiders-
tiOn of One Handred rcllars ;5100. "C) , in hand pair., and ether good
and valuable ccnsi$e catit,:. hereL-.f sells and ccnveys to Katharine
Tha .berg the f01l0w4;19 real pr^per ty in t.`.e Ccunty c:ff Pi ,.
State of Colorado, t0-v:_t.
Lots D and E Of 71cc}: 74, %wr: Of Aspen,
The street acdreas o! ,.*h .ch ~� ' - 3'7
Mai- Street, Aspen, Colorado
wit : a_1 its appurtenances and warrants the tii-je tc t,^•,r; cct
C� S�!E 5� �
1
to genezal t x s fcr the Ve& l? jF
Signed this Farr' da% of
1
ES_ATZ ^n ETx�:.L '�. FROST,
1ByPersonal ranre%s,ent uiv=
STeZTr, 01'
The a'cr.'rc any; zra
day c_14'. .... �-
F�r.:rn.::;, r-,-:•a._.;t1• �• f cf e'r:r . ,L :.:� r•f ,, -
OWNERSHIP AND ENC[' B E REPORT S4AB
• � 15 �:� . ii i1
I
STEWAR'r TITLE OF ASPEN, INC.
HEREIN CERTIFIES from a search of the books in this office that the owner or
Lots D and E,
Block 74,
CITY AND T064NSITE OF ASPEN
Situated in the County of Pitkin, State of Colorado, appears to be vested in the name of
Katliarine Thalberg
and that the above described property appears to be subject to the following:
City of Aspen Ordinance No. 50 (SertP.B of 1?76) Des trrnat.ttier an
Historic District, recorded December 09, 1976 in Book 321 at
Page 51 as Reception No. 18490ti.
City of Aspen Ordinance No. 6.1 (Series of 1a76) DesbyriatirnT an
Historic Structure and Site, recorded December 09, 1476 in Brok
321 at Page 55 as Reception No. 189907.
6KGEP4�, easel
EXCEPT any and all unpaid taxes and assessments.
This report does not reflect any of the following matters:
1) Bankruptcies which, from date of adjudication of the most recent bankruptcies, antedate the report
by more than fourteen (14) years.
2) Suits and judgments which, from date of entry, antedate the report by more than seven (7) years or
until the governing statute of limitations has expired, whichever is the longer period.
3) Unpaid tax liens which, from date of payment, antedate the report by more than seven (7) years.
Although we believe the facts stated are true, this Certificate is not to be construed as all abstract of title,
nor an opinion of title, nor a guaranty of title, and it is understood and agreed that Stewart Title of Aspen,
Inc., neither assumes, nor will be charged with any financial obligation or liability whatever on any state-
ment contained herein.
IDated at Aspen, Colorado, this 03rd
STEWART TITLE Or -,ASPEN, INC.
BY
' /Authorized Signature
dayof April A.D. 1989 at 8:00 A.M.
IStewart Title Form OE7. 10/82
1 0 0
IEXHIBIT #3
Ms. Amy Guthrie, Historic Preservation 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,
Katharine Thalberg
1
I
j
I• EXHIBIT #4 •
LI
CITY OF ASPEN
PRE -APPLICATION CONFERENCE SUMMARY"
PLANNER:
Nick Lelack, 920-5095 DATE: 12/27/99
PROJECT:
Explore Bookstore Expansion of Net Leasable Space
REPRESENTATIVES:
Alan Richman
OWNER:
Katherine Thalberg
TYPE OF APPLICATION:
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
DESCRIPTION:
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: Planning and Zoning Commission, Growth Management Commission, and City
Council (method of affordable housing mitigation).
Public Hearing: Yes at Planning and Zoning Commission and Growth Management Commission.
Referral Agencies Engineering ($160), Zoning Officer, Housing ($160), Parks, Fire Marshall, Water,
ACSD, and Streets.
Planning Deposit: $2,220 (12 hours; additional hours are billed at a rate of $185 per hour in 1999
and $195 per hour in 2000).
Total Deposit: $2,540 (this deposit is subject to change depending the date of submittal)
SUMMARY:
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.'
EXHIBIT #5
i RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
RECOMMENDING THE APPROVAL OF EXPLORE BOOKSELLERS
GMQS EXEMPTION & INSUBSTANTIAL AMENDMENT TO
' A CONDITIONAL USE
Resolution No. 89-,-�3
Whereas, the Aspen Planning and Zoning Commission held a
public meeting November 21, 1989; and
Whereas, the Explore Booksellers GMQS Exemption P and
Insubstantial Amendment was included on the consent agenda; and
Whereas, the Planning staff recommended approval of the
exemption and insubstantial amendment to the conditional use
with conditions.
' NOW, THEREFORE, BE IT RESOLVED by the Planningand Zoning
oning
Commission:
That it does hereby approve the Explore GMQS Exemption and
Insubstantial Amendment to the Conditional Use for at 221 East
Main Street, Aspen with the following conditions:
I. No more than 50 seats shall be provided for customer
use and
the kitchen -shall remain a prep kitchen.
2. The ro osed
p p 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
iplace 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.
I
• 1 •
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 1990-1991, the
payment is $7,497) at the time of issuance of the building permit
payable to the Housing Authority for processing.
.APPROVED by the Commission at their regular meeting November
21, 19a9.
ATTEST ASPEN PLANNING AND ZONING
Jan Carney, Dep ty City Clerk
r,
i
J
C. Welton An4erson, Chairman
EXHIBIT #6 0
WST OF OWNERS WITHIN 300' OF PROPER
TY
ALPINE PETROLEUM LLC
435 E MAIN ST
ASPEN CO 81611
CARTER CLAUDETTE
0373 SOPRIS CREEK RD
BASALT CO 81621
CONNER CM INVESTMENTS LLC
PO BOX 345
ASPEN CO 81612
I
FORGE PARTNERSHIP
FPO BOX 3159
SPEN CO 81612
[ONES ELIZABETH MARIE TRUST
MILLER ETHAN A AS TRUSTEE
-t-20-22 E HIGH ST PO BOX 1285
HARLOTTESVILLE VA 22902
RIONARCH BUILDING LLC
0 BOX 126
WOODY CREEK CO 81656
1
NORTH & SOUTH ASPEN LLC
0 S ASPEN ST
ASPEN CO 81611
1
t,A�N1AN HARRIET J
63RD ST
W YORK NY 10021
I
SUNNY SNOW LTD
f
TERRELL RD
ANTONIO TX 78209
IEELER SQUARE ASSOCIATES
LEISHER COMPANY INC C/O
200 E MAIN ST
fEN CO 81611
ASPEN ARCADE LTD LLLP
4020 PALOS VERDE DR N STE 206
ROLLING HILLS ESTATES CA
CARVER RUTH A & MARTIN G
10 BYRON LN
MUSCATINE 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 ASSOCIATES 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
1
MAPS/DRAWINGS
�I
I
I
82
t"
U114
Z
C).
0,
lob.
0/9 40
ow Or,
loun;�; �w •"N"e
-ft
ov -meZRd
Rd
W. unny Ct
Pf
flat,
0 Aspen
Institute
lot Hun
'k
Music
Tent
ood Duck
M
V,
Golf-COurse Pe
irl Ct
0 ATbi
lap
vine St
C'3
to
primrose Pa a
�C�b
Larkspur 4.7
LZ
1
5:
as I —.-a
t,46A
Aspen ��g
West
V.
0 �Nlot
40 ranci,
SGI
St
4P
Will
Gul{G, hll7f✓ W�.L�
•
0
L-A
b1Mc.,
i
I
I , IAV 11 1 Ili , `
11 4 A - i _ a
r--xf'L-o�V_g_ $aae_Aoe zG , k jGrzo
��� II"UIIII ,,�'I �''ii°u��P��� �'
�II�'ll11
li�tlII�IIIp,tlIlO
1F
21A -A-f I i
xP L, 61 tz �aa(c- A44P
Z-0i 11941 S a LJ 1-f-t f-
11
—ORS—►?''I
r--x I _
_ fl !�I I I•a G
�x II--rl F+Gr
1,4
r—C 191.
WA —
►AY
N4E-I-1 I orrGµl HGr
Sig
i n
I =_I� fl II II
rr -ir If l
�I n
f1- li jl it
1 it II II II n I _
t it L oI�15vtZ I
It II I 11 Ward II 11 ,i
—---1t--ir— 1(---ij---ll--�r--i�— ��--
I I
II �� it it It ii I` II II
JL__�
II II �I II II II I1 II
l� 1 11 °II II II I( I II
I
II I II �if II II li II
�XI'I.C�f 12'00I-4t—I.t�s A.NQ t;,IS-rizo
1G4SG• ZOO 11flIP1
' ASPEN/PITKIN
COMMUNITY DEVELOPMENT DEPARTMENT
' City of Aspen Development Application Fee Policy
The City of Aspen, pursuant to Ordinance -19 (Series of 1998), has established a fee structure for
' the processing of land use applications. A flat fee or deposit is collected for land use applications
based on the type of application submitted. Referral fees for other City departments reviewing
the application will also be collected when necessary. One check including the deposit for
Planning and referral agency fees must be submitted with each land use application. made
payable to the AspeniPitlin Community Development Department. Applications will not be
' accepted for processing without the required application fee.
A flat fee is collected by Community Development for Administrative Approvals which
nornally take a minimal and predictable amount of staff time to process. The fee is not
refundable.
A deposit is collected by Community Development when more extensive staff review is required,
as hours are likely to vary substantially from one application to anothen actual staff ti.-ne 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 provide
a summary report of hours spent at the applicant's request.
After the deposit has been expended. the applicant will be billed monthly based on actual staff
hours. Applicants may accrue and be billed additional expenses for a planner's time spent on the
case following anv hearing or approvals. up until the applicant applies for a building permit.
Current billings must be paid within 30 days or processing of the application will be suspended.
If an applicant has previously failed to pay application fees as reouired. no new or additional
applications will be accepted for processing until the outstanding fees are paid. In no case will
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 evelopment
Application Fees. The 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 lard use applications is listed on the reverse side.
Ell
' ASPEN/PITKI.N
CO-14MUNITY DEVELOPMENT DEPARTMENT
' Agreement for Pavment of itv of Aspen Development Application Fee
CITY OF ASPEN (hereinafter CITY) and —N(� 2-- % —e- c "'\ Of- el
(hereinafter APPLICANT) AGREE AS 1 OLLOWS:
L
1. APPLICANT has submitted :o CITY an a/plieadon for
(hereinarter. THE PROJECT).
APPLICANT understands and agrees that Cir; of Aspen Ordinance No. 49 (Series of 1998)
establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent
to a determination of appiication completeness.
=. APPLICANT and C:TY agree that because of the size, nature or scope of the proposed protect, it
is net possible at [his time to ascenain the full extent of the costs involv;d in processing the application.
APPLICANT and CITY further agree *hat it is in the interest of the parties that .APPLICANT ;Hake payment or an
initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a morthiv basis.
APPLICANT agrees additional costs may accrue foilowin__ their hearings and'or approvals. APPLICANT agrees he
will be benefited by retaining greater cash liquidity and will make additional payments upon not(%cation by the
CITY when they are necessary. as costs are incurred. CITY agrees it will be benef,ted through the greater certainty
of recovering its full costs to process APPLICANT'S application.
d. CITY and APPLICANT further agree that it is impracticable for CITY staff, to complete
processing or present sufrcient information to the Planning Commission and/or City Council to enable the Planning
Commission and:"or City Councii to make legally required findings for project consideration, unless current billiml2s
are paid in full prior to decision.
5. Therefore. APPLICANT agrees that in consideration of the CITY's waiver of its right to collect
full fees prior to a determination of application completeness. APPLICANT shall pay an initial deposit in the
amount of S which is for hours of Community Deve'opment 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 permits be issued until all
costs associated with case processing have been paid.
CITY OF ASPEN
By: Gv ✓
ie Ann Woods
ommunity Development Director
APPLICANT
Date: / �" . a 9 ,
Mailing Address:
a -a\ �-As-3 w•A S�z�`�
-(�2' % alb (I
ASPEN/PITKIN COMMUNITY DEVELOPMENT
1999 LAND USE APPLICATION FEES
CATEGORY HD-V RS
QEpOSIT
FLAT
Major 12
2,220.00
Minor 6
1,110.00
Staff Approvals
460.00
Flat Fee
255.00
Exempt HPC
Minor HPC
65.00
Significant HPC <1000 sq. ft.
120.00
Significant HPC >1000 sq. ft.
312.00
Demolition, Partial Demclition, Relocation
624.00
1250.00
Referral Fees - Environmental Health
Major
Minor
320.00
160.00
Referral Fees - Housing
Major
Minor
320.00
160.00
Referral Fees - City Engineer
Major
Minor
320.00
160.00
Hourly Rate 185.00
FOUND:
REBAR W
LS6868
CONC. WALK
ALLEY*- PLOCK 74
�Iwl
'LAS. CAP
NORSN
O 5 10 20 30 40 50
SCALE: I°=101
BASIS OF BEARING: FOUND MONUMENTS AS SHOWN.
SURVEYORS EYYORS cC]ERTMICAT E
I HEREBY CERTIFY THAT THIS MAP ACCURATELY DEPICTS A
SURVEY MADE UNDER MY SUPERVISION ON OCTOBER IST,1987
OF LOTS D a E, BLOCK 74, CITY OF ASPEN, COLORADO.
ALPINE SURVEYS, INC. BY: DANIEL F. MCKEN2IE
OCTOBER 7TH, 1987 LS 20151
I HEKE5f- CERTIFY THAT ON AUGUST SO, 1181, A VISUAL INSPE(--TION
WAS MAt7E UJ 4tL )ER MY SUPI=KVISION OF THE AiZ0VE t�ESGtz1�3Ed
PROPERTY. NO < FHANGES WEKff FaUNb 1=.XCEpT AS SHOWN
At4t7 NOTF-1:;' HEREOth .
ALV'INE SURVEYS , INC.
SEAT E M BETR (o , 118'1
t3Y '
L S. #
,.Sea ,.,,, ..,,.. ............. ��_.
a On do Uet-I in In's Survev w-In n
P Y 3 vats anr'r rnu first
d'sco.,.,
iu Cn.7efect In — event may any action na-d upon any tleteCl T Vvs Sorvey
oe COm -MCI more than ten years Ilnm Ine gale UI In' r; erlit,cation snown
nereon
Alpine Surveys, Inc.
Post Office Box 1730
Aspen, Colorado 81612
303 925 2688
Surveyed I OCT 1987 Revisions a 89 CAdD s. w L�cKs�
Drafted 7 OCT.. 1987
Title BUILDING PERMIT SURVEY
Job No 87-133 - 2
Client THALBERG
I•
10
10
•
FOUND
REBAR 1
LS 6868
III A R
ST
CONC. WALK
A�. 1L IL ]E Y o B IL O C K 0 4
'LAS. CAP
i i
* 0
0 0
• •
• 0
NORSN
0 5 10 20 30 40 50
SCALE: I11= IOt
BASIS OF BEARING: FOUND MONUMENTS AS SHOWN_
I HEREBY CERTIFY THAT THIS MAP ACCURATELY DEPICTS A
SURVEY MADE UNDER MY SUPERVISION ON OCTOBER IST,1987
OF LOTS D a E, BLOCK 74, CITY OF ASPEN, COL.ORADO.
ALPINE SURVEYS, INC. BY: DANIELF' MCKEN2IE
OCTOBER 7TH, 1987 LS 20151
I HE.RE5Y CPlzTIFY THAT ON AU6US7 SO, 1981, A VISUAL INSPEGTIONI
WAS MAb1= UIlI7ER MY SUT-FKVISION OF" THE ASOVE. [:�EScR1r3>=b
PROPERTY. NO (FHANGES VVE_Rff FCUNb I=.XC 1-�P7 AS SHOWN
AND NOTf=A F+EREOt 1.
ALi�INE. SURVEYS , ING.
5>=117EM5ER &, 1189
oy
L.S_ #
UPDATE GEKTII= CAM
I, JA ME5 f= HEi-�Y Carl Fr IT -AT ON DF1', nffip'
14 2C= 1 VIAO_ A V15UAL. oN OF 1}- E
NEi'EON AND FO NP NO CI---IF-<GEP"FAl�:'
51-K�vvN � l�ar�o N �oN .
ALP NE Yam, INC. DY_--
UAME!
NOTICE Accord,ng to Colorado iaw you must ,_ummenc,• any iega' aau-
oasea upon any aefect m this survey w.thm 3 years after you first d�sinvr�
such defect In no event may any action based upon any defect in mis survey
be commenced more than ten years from the date of the cerhhcahon shown
hereon
Alpine Surveys, Inc.
Post Office Box 1730
Aspen, Colorado 81612
303 925 2688
Surveyed I OCT 1987 Revisions 1 6-e1 (AVD ',--'Al LE-cK5)
Drafted 7 0CT. 1987 01. In, � UPDATE
Title BUILDING PERMIT SURVEY
Job No 87-133 - 2
Client THALBERG