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Home My WebLink AboutLand Use Case.CU.412 N Mill St.48-83 CASELOAD SUMMARY SHEET City of Aspen No. <I~, i3 Staff: I1fckJd. a,.ia PROJECT NAME: Zebra. 1fOJocJlI/M J'Inc.. - LttndHiono1 W 7?,{ lIeu) APPLICANT: So..ro...n A.'P1e4ls /;J;m~ Phone: 9~5'.'l1~9 . REPRESENTATIVE: Phone: TYPE OF APPLICATION: 1. GMP/SUBDIVISION/PUD' (4 step) (Fee) 1. Conceptual Submission ($1,840) ($1,120) ($ 560) 2. Preliminary Plat 3. Final Plat II. SUBDIVISION/PUD (4 step) 3. Final Plat ($1,290) ($ 830) ($ 560) ($1,010) ($ 465) 1. Conceptual Submission 2. Preliminary Plat "f... '/. III. EXCEPTION/EXEMPTION/REZONING (2 step) IV. SPECIAL REVIEW (1 step) 1. Special Review 2. Use Determination 3. Conditional Use REFERRALS: Date Referred: -.11' Ie! X Attorney X Engineering Dept. Sanitation District School District Mountain Bell Rocky Mtn. Nat.Gas State Hgwy. Dept. Fi re Chief Housing Pa rks Water Holy Cross Electric X Fire Marshall/Building Dept. City Electric Other , / V Engineering Da te Routed: l D f~\ t:; FINAL ROUTING: \/'Attorney V'Building Other 'R1Uac. ~N1r . w LJ 'qag ~"t:. A l'""Z (r.bHa:d 'II 'I~ J - (J4N..- '1"1MU4 + ~~ p~p' ~ ) -jl;J / DISPOSITION: Change in Use, GMP Exemption and all three conditional uses were approved by P&Z 10/4/83 with the following conditions: CITY P&Z REVIEW: Cat. Sales Office. Dance Studio. Res. Condo 1. Provision of one parking space on site for the residence. 2. Parking for visitors will be provided off site either on the City lot or through agreement with other private property owners. 3. Residential Use shall run with ownership and occupancy by Sarah Pletts. 4. Applicant aqrees to meet in future UBC requirements to allow any other permitted S/C/I use to go into the building. 5. 8-11 and South Portion of B-9 are approved for these uses. 6. Condo Plat shall be amended, to reflect division of 8-9 CITY COUNCIL REVIEW: Ordinance No. CITY P&Z REVIEW: CITY COUNCIL REVIEW: , Ordinance No. MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Richard Grice, Planning Office RE: Zebra Productions - Conditional Use DATE: October 4, 1983 LOCATION: Andrews/McFarlin Building, 412 N. Mill Street, Condominium Unit Nos. B-ll and B-12 ZONING: S/C/I APPLICANT'S REQUEST: Conditional for a dance residential Use Approval and Conditional Use Permit studio, catalogue sales office and . nse. This applicant did not request Chanqe in lJ~e review (pursuant to Ordinance No. 36), but since it is also a one-step review we will consider it here. Within the context of the letter, we noticed that Zebra Productions plans some exoansion of the building with the addition of a "greenhouse/deck". The City Code requires that expansion of commercial space either receive a commercial GMP allocation or a GMP exemptio~. Specific information was not provided as to the size and impacts of the addition, therefore, we are unable to review this expansion. We understand from conversations with Architect Tom Crews that the expansion anticipated would be 71 Sq. f~. and, therefore, it would be approvahlp throllgh the joint- review of the Planning Director ann rhie-F "nilr'ling Inspec1:UL. REFERRAL COMMENTS: The only referral agency comment we received comes from the City Engineering Department. Jay Hammond made a site inspection and had the following com- ments: "This application is the second in a short period of time requesting residential use in the AndrewS/McFarlin project. We are concerned that creation of a significant number of re- sidential uses may generate traffic and parking demands in addition to those normally associated with businesses in the area. The application further suggests that classes will be held in the building. The assumption that parking could be handled by the new "City Parking Facility" may not be valid given the status of the Rio Grande structure. _parkinq impa~~ Essociated with art or dan~p ~lasses could not_ ..be handled on-site." - The City Attorney's office does not believe there are any legal issues related to this application and therefore has no comment. The Building Department has previously inspected Building B and found it to be in compliance with the minimum fire, health and safety requirements. The '".,..'" MEMO: Zebra Productions October 4, 1983 Page Two dwelling unit now being requested will not affect the overall fire, life safety of the building, if the current tenants remain; nor will there be any Code problems for the future use of adjacent space by tenants of a "non-hazardous" nature. "Hazardous occupancies as defined by the Building Code are those industrial uses similar to auto repair garages, woodworking establishments, dry-cleaning plants, and certain warehouses. The Building Code does not prohibit a mixture of residential and hazardous occupancies in the same building and hazardous occupancies in the same building will require fire separation (walls and/or ceilings) provided. The required fire separation between residential and hazardous occupancies is "3-hour rated" construction, requiring multitudinous quantities of block or concrete and steel. I would like you and the Planning and Zoning Commission to consider the excessive expense that would be imposed on a future tenant re- quired to provide such substantial construction. The S/C/I zone was created to accommodate uses of a hazardous nature. Allowing a residential use in this building will financially restrict future hazardous uses, affectively diminishing an already confined zone." PLANNING OFFICE REVIEW: The shop craft industry which the applicants describe in the attached Letter is an appropriate permitted use within the S/C/I zone. It involves the manu- facture and sale of artwork. According to the City Code, residential uses are only allowed when "~ccessorv to other permitted uses" such as the applicants' shop craft industry. The applicants intend to house themselves on-site, apparently purely for their convenience as no other arguments were presented. The Planning Office can conceive of no necessity related to the shop craft industry which would require that the owners of this business house themselves on premises. Since there is limited S/C/I space available in the City of Aspen, we must be concerned with any proposal which would affect the ability of ligitimate service/commercial/in- dustrial uses to occupy that space. We believe that the introduction of residential uses in the few existing S/C/I buildings will impact the front end costs for other permitted uses to locate within the building. As the Building Department's comments indicate, the fire separation requirements are considerably increased when a residential use is introduced. Should this residential use be granted, for which no demonstration has been made of the necessity for the location of the residential use accessory to the permitted use, we anticipate that the flood gates - --. -', -" MEMO: Zebra Productions October 4, 1983 Page Three would then be open for the use of all S/C/I space for "home occupations." These units can be an inexpensive alternative to conventional residential units. We feel that this trade-off is detrimental to the S/C/I zone. The change in use provisions of Ordinance 36 (Series of 1983) allow a GMP exemption when there are negligible growth impacts. Generally, a change from a commercial use to a residential use requires the provision of less services. In this case, the limited amount of S/C/I space available should caution you to seriously consider the advisability of converting any of the remaining S/C/I space to residential purposes. The question of available parking raised by the City Engineering Department presents a problem related to the proposed conditional residential use and the proposed conditional dance studio use. The living unit would require the provision of one parking space per bedroom which would result in a decrease in the already substandard parking available to this building. Secondly, the parking available on-site is inadequate to accommodate the students of a dance class. The catalo~lP qAles office described in the applica- tion appears to be consisteQt with the stated intent for the S/C/I zone and we anti~ipate that the use would be compatible with other perm; ttpn <;/C/I ,HHH:_ The intent for the S/C/I zone reads as follows: "To allow for the use of land and the preserva- tion of limited commercial purposes and limited industrial purposes, with customary accessory and institutional uses which do not require or generate high customer traffic volumes." To summarize these points, we enumerate the following: 1. Future S/C/I tenants will be subject to excessive construction expense in order to locate next to a residential use. 2. The "need" for the dwelling unit to be located adjacent to the business is not demonstrated. 3. There is limited available S/C/I space in the City and limited expansion potential, and converting this space to residential uses will limit the possibilities for S/C/I uses to locate in Aspen. 4. The current parking configuration is inadequate to accommodate the parking necessary for the dance studio and provision of parking for the residential use would result in the reduction of that parking available for the intended S/C/I uses. 5. If the residential use were approved in this situation, there would surely be added pressure for the conversion of the remaining S/C/I space to residential uses and the limited supply does .r"-'"",, -~ , . -...... MEMO: Zebra Productions October 4, 1983 Page Four not support such conversation. 6. The catalogue sales store is an appropriate use in the S/C/I zone and its impacts can be accommodated on-site. PLANNING OFFICE RECOMMENDATf9NS: 10Jr' ~ ~,The Planning Office recommends that you approve the . y ~ 9-1 ~ conditional use request for the catalogue sales '"'~ \~, ~~~. office in the Andrews/McFarlin Building 1n the ~r \ G'" LY SIC/I. We recommend, however, that you deny the 'D\ -+~rH. ~U.V \ ~\ Y\ ....~~ .~~ ~~.~() & . o,-P--0~~ "bo~ )~6J ~I I c.ect. S'Qtv 00 f--rfl. f) "..D 0;J..>.t.... DD-Y h:~ S' ~ ~ r r-eV'\;{-e/rJ 'J ~ I r ~l~kr ~y '-tL- V.e.J ~ b ::z. ? Q Y \on":) ~--ev \ "v t s; ~ rs v.A l ( L-- frey; ~ o'ild: S'; 4-~ ~ ~ ~v D}-l ~ ~,~ 10+ 0iV ~Y'o~h. ~~ w / pr"~ 1. ~ ~w.) w',Wk ~sL1-p ~ ~ 4 D.JJJJI,~ CU1~ ~ ~ l~~~ 'vv ( ,- ~ ~ \) 9 t- ~^r~.J' J-eJ C1;JAr;yvJ (}. PM('M\+.uL~~ +0 00 fl-+o ~ ~14. 8 . ~ - ) l ~ S ~ P ~\H *"' @ 'B-cr ~ ?lrl S'kU k~. -Ao Pv~~ cll\1'~~ of ]3-<1 . \. G. .. ..... ",,<# .../~ AGENDA ASPEN PLANNING AND ZONING COMMISSION Tuesday, October 4, 1983 5:00 P.M. City Council Chambers Ci ty Hall Regular Meeting I. COMMISSIONERS CO~~ENTS II. MINUTES III. PUBLIC HEARINGS A. 1983 City Commercial GMP - East Hopkins B. Andrews - Conditional Use C. Zebra Productions - Conditional Use IV. NEW BUSINESS A. Durant Mall Condominiumization B. Smuggler Area Drainage - Stream Margin Review V. ADJOURN MEETING . . ~~ MEMORANDUM TO: Richard Grice, Planning Office Jay Hammond, Engineering Department~ FROM: DATE: September 8, 1983 RE: Zebra Productions Conditional Use Review --------------------------------------------------- Having reviewed the above application, and made a site inspection, the City Engineering Department has the following comment: This application is the second in a short period of time requesting residential use in the Andrews McFarlin project. We are concerned that creation of a significant number of residential uses may create traffic and parking impacts in addition to those normally associated with businesses in the area. The application further suggests that classes will be held in the building. The assumption that parking could be handled by the new "City parking facility" may not be valid given the status of the Rio Grande structure. Parking impacts associated with art or dance classes could not be handled on site. JH/cO ., ';;- ',( . i; '.'f 'U! I ., ,\,)'). .'J; ^ -..~ ':::;04 ., "'(' ;~,~ -;:), .'~" ',," ~ I, . U<.." .- I.,',',' ~'" . , , MEMORANDUM TO: ASPEN PLANNING AND ZONING COMMISSION FROM: Colette Penne, Planning Office RE: Andrews Conditional Use DATE: September 6, 1983 Location: 412 N. Mill Street Condominium Units B-4 and B-6 Zoning: S/C/I Applicant's Request: Conditional Use approval and conditional use permit for a dwelling unit (accessory to a permitted use) in the SCI zone. The applicant did not request change in use review (pursuant to Ordinance #36), but S1nce 1~ is aLSO a one-step review we will consider it here. Referral Comments: The Engineering Department reviewed the application, made a site inspection and has the following comments: "1. We would anticipate _no significaIlt epgineerinq impacts by 1nCLUS1on of the residential use in this location. 2. Revision of the condominium plat should not be necessary if the apartment comprises all of units B-4 and B-6." The City Attorney made the following comments: "1. "'7 Property maintenance is not specifically listed as a permitted use in the zone, although it is "similar" to other permitted uses. The Planning and Zoning Commission will probably elicit facts as to whether "specializinq" in equipment rental is sufficient to make the described business a permitted use. < 2. There may be a change-in-use/residential GMP impact here. 3. The conditional use permit should list the specific conditions of operation of the equipment rental business (if the permit is granted, of course) and the employee houRing ",",,",eRRor:.' ilw..llinq. unit probably should be deed-restric~..il to employees of the bona fide permitted use, pursuant to a wr1tten permit, with any change in use subject to further review pursuant to Section 24-3.3(c). 4. Will cleaning materials create fumes, vapors, etc.? . 5. Do these units have designated customer parking?" ~ #'~~~ ~ \)0/ ,~ s'~\.~ 0J ~ -Y -f-'~ 9JcJ"'..'fc? ~ -. "'\ ,,I The Building Department has inspected Building B and found it to be in compliance with the minimum fire, health and safety requirements for condo- miniumization. ,The dwelling unit now being re- quested will not affect the oveLdll fiLe L1!e : safetv of the hni ldinq, 2.!- the current tenants ,remain; nor will there De any code problems for the fl1~~re tl~~ vr aJjaccRt ~r~~p bV tenants of a "non-hazarnotl~" nature~ "Hazardous occupancies as defined by Building Code are those industrial uses similar to auto repair garages; woodworking establishments, dry cleaning plants, and certain warehouses. Building Code does not prohibit a mixture of residential and hazardous occupancies in the same building and hazardous occupancies in the same building with required fire separation (walls and/or ceilings) provided. The required fire separation between residential and hazardous occupancies i~ "3-hour rated" con- struction, requiring multitud1nous quant1ties of block or concrete and steel. I would like you and the Planning and Zoning Commission to consider the excessive expense that would be imposed on a future tenant required to provide such substantial construction. The SCI zone was created to a .0 a nazaraous nature. Allowinq i'l rpqi~9~tial use in this building will financially restrict juture hazardous uses. e!!~~~lvelv n'm,n'~p~n1 an already confined zone." Planning Office Review: The permitted use to which this residence would be accessory will be a new business called properties ~~West. It will be a-property maintenance company ,dt s ecializing in carpet ana upholster clean1ng cr renta equ1pment, an er1als. As the ~y City Attorney's Office points out, property main- ~ tenance is not listed as a permitted use and ~ :specializing" in eauipment rental may not be ~ sufficient to make the bus1ness a erm1tted use. _""'-\ 'I<' ~ It will be a con 1t1on of our review that the ~ ~ operation of the business in this building is -~ limited to equi ment rental, stora e and re air. \)> e app 1cant's jUSt1 1cat1on for the dwelling unit need is that "the flexibility of use and return hours requires living adjacent to the ~ ous~nes:j." \ ~~ ~ '\~\~\ ~\Q; S\~lI-' The Planning Office is not convin~or'l that such an equipment rental business requires an around-the- clock return and rental ca ab1L1t . ~1nce there 1S L1m1ted S C/T ~~ace available in the City of Aspen, we must be concerned with any proposal which will attect the ability of leqitimate service-commercial and industrial uses to occupv that soace. We believe that the introduction of residential uses in the few existing S/C/I buildings will impact the UP- front costs for other permitted uses to locate there. As the Building Department's comments indicate, the fire separation requirements are ~onsiderably increased wnen a residential use is introducea. The only existinq areas zoned S/C/I are the Andrews- McFarlin buildings, the area to the north of the tJ J "(b) (I) ~ V'\~,,~ r~fP~ ~~ .~WC~' ..\~ , r-flr"S ,>J"'" \.Y CI~ ()i V>~~~;\')>\~\~ @v-l' ~r \~~ {? ,-. "'. " , Pitkin County Courthouse, the Post Office parcel, ~ and in the Trueman pro~ect. Essentially, the rema1n1ng potential bU1ldout is limited to the Andrews-McFarlin parcel and -the area behind the Courtnouse, w1th each area able to increa~p hy approx1mately 25.000 Sq. ft. This much additiona bU1ldout would require substantial redevelopment and we are aware of no plans for this magnitude of increase by any S/C/I property owners. There is additional interest in use of for accessory residential uses. We ave had several conversat1ons w1th other individuals considering the conversion of such space from commercial to residential use. These units can be ,* an inexpensive alternative to conventional res- idential units. we feeL this tradeoff is detri- mentaL to the S/C/I zone. The Change in Use provisions of Ordinance 36 (Series of 1983) allow a GMP exemption when Ii ible rowth impacts. enerally, a change from a commercial use to a r~sidential use requires the provision of less services. In this case, the limited amount of S/C/I space available should caution you to s~riously consider the advisability of ~onvertinq any of it to residential purposes. In terms of the Conditional Use criter~a of Section 24-3.3 of the Municipal Code, the use in the S/C/I zone would be operated within an enclosed structure, there will be no noxious implications of a residential use as outlined in Section 24-3.3(d) (2) and any utdoor storage, e uipment or refuse areas would have to e conceale rom V1 ts- of-w.::.y. In considering the suitability of the conditional use, the commission shall determine: (2) Whether the proposed use otherwise complie~ with all requirements imposed by the ~oning Cod~ Whether the proposed use is ~onsistent with the objectives and purposes of this Zoning Code and the applicable zoninQL al.S l:L 1(.; t I dtl<~. It the proposed comoatible with and uses in the (3) use is designed to be surrounding land uses area." Criteria (I) presents no problems, however, (2) and (3) raise some questions. Residences in the S/C/I zone are conditional uses rather than permitted uses, so that close scrutiny is given to a proposal to locate living units in this zone. As discussed earlier, there is very limited avail- abilit of s ace for ermitted S C I uses. ~ t 1S application was part of a proposa redevelop- ment and expansion (upgrading) 0 e property, it mi9ht be less imp""t-i..e on the zone, certainly in terms of the reduction of available space. The Building Department comments point out compatibility problems with surrounding land uses. - The obie~tive of the S/C/I zone is first and 1:\ \ \~foremost to provide ~P""P -F"r lilllitl1? ,..ommprC'i ..J 6~ ,W\ and industrial purpos~. In a letter from Robert . ~\\~ --p\vJM\~ W. Andrews and Clyde McFarlin dated January 27, UU\ . ~~\ 1982 to the City of Aspen, an application was made ~~ for condominiumization o~ this property. The ~~ ~ ~~ -(\ \? cJ~~~ ~~'Y ~-<<o(SJ .':fi JJ . - -. ..."" Lt ~~ t/ ~.:2-- There is limited available S/C/I space in the City and lim1ted expans10n potential, and converting this space to residential uses will limit the possibilities for S/C/I uses to locate in Aspen. - 4 - /3 ~Lt / Planning Office Recommenda- tions: The Planning Office recommends that you deny the conditional use request for an accessory dweLL1ng unit in the Andrews building in the S/C/I zone. We further caution the applicant that the property maintenance US1ness . ental, storage and repair or it mAY nnr np i'l permitted use. ~\J-. -\0 ~Uf1Y\\\ Cli~\lcaN"r -\e> \Il&yK ~ . .11\.\, =--.1J 1" QYllyJ --\0 ~ ~okY\~l-.\-k bw1ue.SS CO~~WS 01 \ ~ (]) ~ c.~~'\0-U --t'\-e.~ -th w,J'14- -\v \j bu.s\>->U-F.. ;\lO~ ~ ~~\~ r\.\~'" @> \\(Yh;+ ciur&cl-.'tIr-' ~\.44.J\t-- ~ tek" ~ bvJ\~J'.. intent of the owners was "to provide an opportunitv for service commercial bus1neRReR tn ln~i'lte in Aspen on a more permanent basis." The question of available parking raised by the City Attorney presents yet another problem. In the condominiumization file, the applicant indicated avaflable space to park 33 cars. It appears, however, that only 50% or less than this number are currently on-s1te. This livinq unit would require the prov1s1on of one parkinq space per bedroom. The City Attorney also suggested, and we feel the point is well taken, that if you were to grant a conditional use permit for this dwelling unit as being accessory to a permitted use, the unit shou . d to em lo ees of the fide permitted use. Any expansion of the un1t wou e " review as well as Section 24-3.3(c for ex ansion 9f a con 1t1ona use. bona 1ng " To summarize these points, we enumerate the following: 1. Future S/C/I tenants will be subject to ~xcess1ve construction expense in order to locate next to a residential use. 2. The "need" for the dwelling unit to be located adjacent to the business is not demonstrated. 3 . 4. The current parkinq confiquration appears to be constrained and the provision of parking for this use will reduce that available for existinq S/C!I uses. 5. The "neighborhoo~" is not partirn,lArly suited to residential occupancy. 6. There is sure to be added pressure for conversion of S/C/I space to reRidential space and the limited supply does not - support such conversion. ) , I RECORD OF PROCEEDINGS 100 Leaves fQollfll!~ C.,. H(\fCKtL e. I. . l. t<>. OIiWINANCE NO. 8~ (Series of 1983) AN ORDRNANCE N4ENDrVG SECTION 24-11.2 OF THE MUNICIPAL CODE BY THE ADOPTIVN OF A CHANGE IN USE GMP EXEMPTION WHEREAS, Section 24-11.2(a) of the Municipal Code, GMP Exemp- tiom;:" permi tstlu~ remodeling, restoration or reconstruction of any existing buil~ing, without requiring competition under the Gro'~h Management Quota System, provided that no addition of dwellling units ~~r expansion of floor area takes place, and WHEREAS, imw~icit in the provisions of said section is a li~~tation on t~~ ability of an applicant to change the use of any exi~ing buildim@ at the time of its remodeling, restoration or recnTIstruction. and WHEREAS, '~e Aspen City Council does wish to amend the Muni- ciF~l Code to ~xplicitly identify guidelines for the administra- tion of a chaoge in use GMP exemption. NOW, THEP~RE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CI'J1'W OF ASPEN, <COLORADO: Section 1 That it dO€5 hereby amend Section 24-11.2 of the Municipal Cod~'by the adoption of a new subsection (j) to read as follows: " (j) Any change in use of an ex isting structure for which a certificate of occupancy has been issued for at least two years, provided that the applicant can demonstrate to the Wlanning and Zoning Commission that said change in use will result in negligible growth impacts on the community. Any activity resulting in a change between the use categories identified in Section 24-11.1 of this Code which is found by the Planning and Zoning Commis- sion to cause a growth impact shall be subject to the need to acquire a development allotment, pursuant to said Section 24-11.1. For the purposes of this section, growth impact shall be defined as any activity which results in more than a negligible increase in employee housing or parking spaces; generates more than a negli- gible increase in traffic demand, water and sewer needs, fire and police protection requirements, off-site drain- age and road demands; or otherwise requires the provi- sion of more than a negligible increase in governmental services." ,....~, ,J , . RECORD OF PROCEEDINGS 100 Leaves footll" C, f. HOrCJ(lL U. t. " l- t~. 'Section 2 fl:Dat ill: does hereby amend the tirst sentence of Section 24-n1.2(a) of the Municipal Code to read as follows: "The remodeling, restoration or reconstruction of any exist- ing building, provided there is no expansion of commercial floor area nor creation of additional dwelling units." Section 3 If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. Section 4 A public hearing on the ordinance shall be held on the day of , 1983, at 5:00 P.M. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, 15 days prior to which hearing notice of the same shall be published once in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED published as provided by law by the ~ity Council of the City of Aspen on the , 1983. day of william L. Stirling, Mayor ATTEST: Kathryn S. Koch, City Clerk . ( ) , -) ..j . # RECORD OF PROCEEDINGS 100 Leaves fORM.1 C.f.KOf(I(fl.B.B.tl.t::; FINALLY ad<OlJP!tEr.d!w passed and approved this day of , 1983. William L. Stirling, Mayor JI..:I'TEST: Kathryn S. ~~h, City Clerk ...."... .....~...... 4f [:3 ZebrA..- ~. p' CERTIFICATE OF MAILING I hereby certify that on this ~ day of (Jr:kJ1xA 1983, a true and correc~ copy of the-attached Notice of Public Hearing was deposited in the United States mail, first-class postage prepaid, to the adjacent property owners as indicated on the attached list of adjacent property owners which was supplied to the Planning Office by the applicant in regard to the case named on the public notice. ~ ~ WiMvJV~ net Ly weinstein o ..--., , PUBLIC NOTICE RE: Zebra Productions, Inc. Conditions Use Review NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the Aspen Planning and Zoning Commission on Tuesday, October 4, 1983, at a meeting which begins at 5:00 P.M. in the City Council Chambers at City Hall, 130 S. Galena Street, Aspen, Colorado, to consider the application of Zebra Productions, Inc. to use space in the Andrews-McFarlin Condominiums on Mill Street in Aspen for an art studio, dance studio and a catalogue sales office. For further information, contact the Planning Office, 130 S. Galena Street, Aspen, Colorado (303) 925-2020, ext. 226. s/Perry Harvey, Chairman Aspen Planning and Zoning Commission Published in the Aspen Times on September 8, 1983 City of Aspen Account . . J::; .~'vxr , -... . ~ ~ '. .,1 .. .e~1:.jJ~ILi1lL"".a;_A f(~ ~TjLYr~-4- '_ ur lD ~p We F.~-j;;..o;rI7?> 1~, rib. (j)'i .J 1 _ >=0 tJ, Iftt!i..>z. J/r! ~. .6J- \)4.v-v.;P0.~ !17 "> 'C;n9L-+, ti.- Ji2!&Jd4fL..23~ ~~ T~5~- 62 ~jjl4<<<:J~K-!iqo n )0f --+-tMu (0- PiA r.-J~~&<.~--43-0- ()~ @L, h,llL u 4~~ " , Q ^ If l, l, Al.. ,lj a 1t.Q .(1 oi;, , "' '--'Q -1"-'-'-< .. r'hmw.un~ tra' ~a:~ rf; V ':H '1~ ~ ~'^to-- ,'& , RA.. .. -I:: !~.c~ff~~h~a/ i4Le ,-<A. = '- =tG 9.~L)- rJDr::; (j r!.fLbp ~ Q-y. I:SO(J' ~J. -iJ() - &'~ '~""...-" MEMORANDUM TO: City Attorney City Engineer Building Department FROM: Richard Grice RE: Zebra Productions, Inc. Conditional Use Review DATE: September 1, 1983 ------------------------------------------------------------------ Attached is material submitted to the Planning Office from Zebra Productions, Inc. requesting conditional use review. Zebra productions proposes to occupy space located in the Andrews- McFarlin Condominium on Mill Street and use the space for shop- craft work (a permitted use) and also for a dance studio and catalogue sales office, which are conditional uses. Please review the materials and return your comments to the Planning Office by September 20, 1983, so that we may prepare for its presentation at the October 4, 1983 Public Hearing before Planning and Zoning. Thank you. -,""'''' - ,~.""'" '," PUBLIC NOTICE RE: Zebra Productions, Inc. Conditions Use Review NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the Aspen Planning and Zoning Commission on Tuesday, October 4, 1983, at a meeting which begins at 5:00 P.M. in the City Council Chambers at City Hall, 130 S. Galena Street, Aspen, Colorado, to consider the application of Zebra Productions, Inc. to use space in the Andrews-McFarlin Condominiums on Mill Street in Aspen for an art studio, dance studio and a catalogue sales office. For further information, contact the Planning Office, 130 S. Galena Street, Aspen, Colorado (303) 925-2020, ext. 226. s/Perry Harvey, Chairman Aspen Planning and Zoning Commission Published in the Aspen Times on September 8, 1983 City of Aspen Account .. t' ~ -, I , , " " , The printed portions of thi, form appro"ed by th(" Colorado Real E,tate Commill.ion(S(~ ZZ-2.ijIJ THIS IS A LECAL INSlIUMEIT. IF lOT UlIlERSTOOO. LECAL. TAX OR OTHER COUIISU SNOIIlII BE COlSUUlO BEFORt: SIGIlli;. COMMERCIAL CONTRACT TO BUY AND SELL REAL ESTATE (Seller's Remedy limited to Liquidated Damages) __.1:1_____ Janet Garwood and I. The urHI.'r!<iKlll'd UKo'ul lH'r,'I>y ",'kl1"wl,'d~l''' hll\l i Ill{ rt",,'iv,'d from Sarah A. Pletts <h.,"m",,L.Jl.D0 . promissory note. _~""I"'h..I,II,, Seller broker. in broker's escrow or trustee an"ounl, a!l car nest money Illld plHI 118ymt'Dl for lht' (allowin!:, descriLoed n'ul t."statl' in the Count yo! pi tkin ,(:"lor",I..,to.....;l: Andrews-McFarlin Condominium units B-12, R-ll and the Southern portion of Unit B-9 from the Centerline or East/West dividing line between Units B-g and B-Il to an East/West line 8.35 feet North as described in the records of the Clerk and Recorder's office of Pitkin County,Co. ,inthef"rmof____a together with all easements and riKhts of way appurtenant thereto, all iml"uYements thereon alld all fixtures or a I'crmllnt'nt Dutu re currently on the r!~nlillt''' cxn'pl II" h.,rt'inufh'r II"'"V;lI<"I, in their Ilrt.,wnt <"<lIlditiun,ortlinary wear lllHlte..r"xl"'ptt'd, known us No. 410 ,lit 412_ North_ Ii Ml11 Street, Aspen, Colorado .11",1 h""l'III;tfl"r,'all,',1 t1w l'r"lwrty. I (Strt...t A,ldn's".t:ity.Z;I') 2. Subject to the provisions of paragraph 17, the undersigned persun(s)~ne t_ _Gc;lrwoQd_anCL. Sar ah A ~_ P l~~t_?__ _________________ ..__._ (as joint tenant~a.{iKu::K.1I(*..xJ, hereinafter called Purchaser, her~by aR'r;;;s to bu)' the Property, and the undersiKned owner(s). her..inafter called Sell...r, herehy agrl'e" to "ell the Property upon the terms and conditions stated herein. . 105,000. 3. Th..purchas..prk..shall be U.::;,$ , ,; ,payab!t'asfollows: $ 1,000, ht.rehy recl'iptl'd for; !i $75,000. cash or certified funds at closing and two purchaser's 'i promissory notes. The first promissory note shall be in the amount of $16,000. with 13% annual simple interest. Principal and accrued II interest on this note shall be payable June 1, 1984. The second note shall be in the amount of $13,000. secured by purchaser's second deeQ of trust for the Unit B-Il. The terms of this second note shall be II as follows: 13% annual simple interest with no payments until June 1, 1985 when all accrued interest from date of closing shall be paid, then from June 1, 1985 the principal shall be amortized over a 15 year period at 13% annual interest with equal monthly payments beginning July 1, 1985 and continuing monthly until paid in full, 4. Price to include th.. (ollowinK persoll",1 prup..rt).: None to u.. conve)'l'd by hill "r lIal", at t;m.. u( ..lUlling ill th,'ir 11....lI..nt {'onditiun. (r,'" and ele..r o( alllwrllunlll prup..rty taxes, li..ns and encumhrancell. ..xcept: No others and ..xcept any personal prop..rty liens in any li'ncumbrance specified in I'arali:'raph 11. The following fixturl's of a permanent nature are exc1ud..d (rom this nIl': None 3. Ira new loan isto be obtained by Purchaser(rum a third party. Purchaser aKr....s to promptly and dilil{ently (a) apply for such loan,(b) ..xecute all documenU and furnish llll information and documenh required by the lender. and (el pay th.. customary cost" uf obtaininli:' such loan. Then if such loan is not approved on or before __~~~p:t;.~__?.~_. 1983. or ifso approved but is not availahle at time ofclollin/ot. thi>l cuntract shall he null and void on' all pnynwntll and thi"/ot,, of v,alu~ rt.,.t.iv,.d Ilt'r~unlit'r shull h{. rl'turnt.,t tu PurchuM'r. 6. If II note 1I",ltrullt d,.t.oJ or J"rtKII/ot.. is to he llllsume,l. -"urchll,,,'r IlKrl.t'S t" HI'I,ly f"r" l""n ""lIIIml'ti"" if re'l"i.....,1 anoll'Kn','s tlll'UY (I) ul"lln transff'r fe.. not to exc....d $ n a and (2) an lnterellt rate not to exc..ed % per annum. If th..luan to he assu med hUll provisions for II shar..d equity ur variable interest rates or variabl.. payments. this contrat't is ('unditi"n,'d upon Purchaser reviewin/ot and consentinjot to such provisions. If the lender's consent to a loan assumption is requirl'd, this contract il< conditioned upon obtaining such cons..nt without chullKe in the terms and conditions of such loan except as herein provided. 7. H a note is to be made payable to Seller IlS partial or full paym..nt of the purch"se price. this contract shall not be assh:'llable by Purchllser without written consent of Sell",r. 8. Cost or any appraisal for loan purpos..s to 1.0.. ubtained after this dat.. lthllll be puid hy 9. An abstract of title to the Prop..rty. c..rtified to date. or a curr..nt ,'ommilmt"nt f"r title insurance policy in an am"unt equal to the purchase price. at Seller's option and expense. shall be furnish..d I'urchast'r on or befor.. September 5. , I~, If Seller elects to furnish said title insu rance commitment. Seller will d..liv..r the title insurance policy to Purchaser after closing and pay the premium thereon. 10. Tnt' date of closinK shall be the dat.. for delivery of deed as provid..d in parllKrallh II. The hour and place of closing shall b.. as dli'siKnut..d Seller I I [ I b~.c~=-'-_ c=c.c-u by _..._~_._-_._~----_.__._----_.. 11. Title shall be mert.hantabh' in ~.'l1"r. t.X....llt 'U' stut"d in this para"rlll,h and in 1"lr"lI"rullhs 12 and 1:1. Suhject to plI.ymf'nt or tl'mh'r lill ahovt" provided and ,,"mplian(.t" by I'urch,,~,'r with th.. uth..r t..rms. and Ifrtlvisiunlt ht'r"uf, ~t'llt'r "hall cxc..ut.. I&nd ,1{'liver a Jl:uud and Ituffi"ient. qener al warranty tlt'ed to !'urcnast"r on September 12, . It,~, or. by rnutualllli:'r....m..nt. at an ..arlicrdllte. No. SC-22JS-2-81. Contract to Buy..d Sell Rul E.tal..(ColRrnf'uiaU _ Bndford l'uhlishinlrCu..fiM4!fl W. lith AVl"..l.akt"wu"d.ColoraduIWl!14 -l:iO:1) 4!:I:I./i~OU 7-82 .. .' conVt'yinK the I'rupt'rty fre.. lint! d"lI.r of all lux"s. t'xn'l'l th., )I;'>''''l"aJ t"x..,. rur I ...' y..ar "e d""lIllc Ilud ex""PI free and c1ell.rofaJlliens for "11"dll.l improvt'm,'nls installed as "fth..dat.' ofl'urtha"..r',. sil{llatllre ht'l't'on, wht'ther 11""""",.-<1 or nut: liens and en~umbran('t's except frl'e and clear of all None except the followinK l"t'strictiv""ovt'nllnls whidl ,10 l1"t ,",Hltain a ril{ht "r n'v'-rl..r: Condomin ium Dee lara tion of Andrews-McFarlin Condominiums and "'X""ll\ th" folluwilll{"I.....iri.. n"'"nh'd '1I"IIIll" ""pan'''' ,';'''PI''''lIb: a 11 eas emen ts of record Mnrl suhje"l III huildinK ar"IZUllill!:, rt'Kulali,,"s, 1<!. .;xn'l'l liS slatl'd in pllnlKlllllhs II and 1:1, if till., i:< flUI nu.td,anlahlt. and writh'!l ""tin- or ,lef..t'Usl is Kiv,>" hy "ul"("h/<>,...r or l'urcha,wr's aKt'nt to Helll'r or St'ller'~ 111{,'nt till "r Ilt'furt. '\1\t.' of .-Io"inl{, :-;"II,'r "hall liM' H.lt~onablt' t'ff"rt tu c"rrt,.~t "aid ,It.fl,,'l(,,) Ilril.r to ,1;lte..f dusinK. If Seller i.~ unable tu l'urr<.',.t said defect{~) un ur hefur.. date of d""inK. at :-;cllcr'~ Ol.tiolll,nd upon written notiet' to Purchaser or Purchaser's a/(ent on or before dllt", "f d..~injl;. th.' duh' nf ('l..~injl; shall ht, t'xt"ndt." thi"ly day" fur tht. I'uq"'~" uf ('"rn.t-tinK "ai.\ c1t'f..(.ti"~. fo:l(l"<'llt as ~tat..,l in r.arajl;raph 1:1. if tit I.. is nol rt.ndt,("t'.llllerchuntllble as I'ruvidcd in thi" l.aruKraph I 'l, at I'u I'cha~cr'~ uf,tj"n. thi~ c"ntl'aet "hall 10" \'"id ar,,1 (If no t'ff!'t't an<le,..:h party hereto shall ill" rel...aHt.t1 frum all ol.JliA'ati"n~ hereunder llnd allpaymt'nt>l antJ thinj.!" uf value r"l'ei"ed hereunder shall!'... return",d to I'ureha>ler. 1:1. Any t'ncumbrance re'llJirt'd to h... pai,\ may I", )lllid allhe tim., of ",'UlI'ml'nl from tht. prul.t.!'<I" of thi" IranMH,tiun ur fr"m llny other source. Pr..villl"I. h"w,'v"r, at tlw "\fti"ll "f .'itl,,'r J>a.-l~'. if tI,.. total i n,I,.I,t",lrl<'''~ "....u("l.d by li"n~ "" tilt' I'rHllI'rl.y "~",,,',b th,' lllll'l'ha~.' "l"in'. tllis l'"nt!"ll(.t shall hi' vui.\ and uf "" effect llI1d eat'h Ilart~. I",n.t" shall I". ....klls..d fn,(lI all "hl;/.:aliun" 1.......uI1l1..r und all Imyml'llts an,1 thinKS of value r...n.iv...d h",n.urul...r ~h:lll lot" returnl'c1 tu Pun'haser. 1-1. Gt'lIl'rul taxe~ for th.. ~'l'ur..f d.."inK. ha~t,c1 "n 1 ht, Illust rl't....nl I,'"y an,l the I11"SI. r"n'nt asst.""m,'nt. p("t'paid rt'ntH, wut...r r",nt", "eWl'r rents. fo'HA mOl"t~aKe insunln{"e premiums and inten.'st nil ,'n,."ml'r=tllt'l'~, if any, ami ~halll,.. al'I'",'tior...,\tu ,Iutl,..r ,1(.liH'l"y..f ,1....,1. !'un'has,'f sha!II,,, n'''I",n"il,I.. rur' allY "nl"s and 1l"" ta_~ t II"t 111"\' "...'1"11" 11",",Ul"" of thi" tral1~a,.tiUll. I S. !'u~s..ssiul1 "f thl' l'r"I'CI.ty "hall he d,'livl'("t.,~ t" I'LlI"'ha~,,r "n date 0 f c 10 sing . for said condominium Unit B-12 between and Puma Industries, Inc., a copy of which is attached as "A". Purchaser shall receive all rents from this lease. ~uhjt.,.t t" th,' r"llowin.lr lea""'lI "I" l\'nlllwi...~:Lease Sellers Exhibit If Sdlt'l" fails t<l delin'r 1I<I~~"s.~inll "n tlil' datI' III'fl'in ~pt".jfi..,I, Spll"1" "haH b.. ~lIhjl,,'l I" ,'"it.ti"ll and ~hal1 11(' liahlt, ful' u daily rentul "f $_~_~_Q 0 untill"'''M'''lIi''ll i" ,ll.liVt,rt'<1 II;. Ir, IIII' "\",'nl th,' I'r"."'!"!..\" ~halllH' ,laUlajl;,',IIo~' fir" .... ,,11,,'r- "a~uall_\' )11';"1' I" I illl" (If ,'I""jl(/.:. ill all "1I\"<Ird "r ""t In""" I han 1."11 1"'''''''111 "f 1111' 1,,1 alllll,'d,a~,' pr'i,'", ~("1I.... "lIall h.. ohliv:"t,'d tn ""I,,,;r'l h,. ""II,..I"'!'''H' 1.1". d;il,' h",,';n l'n,vi,J..d f.." d..li,','r-... ,,1'.1,.,.,1. 11111". ,'v,'nt ~lId, ,lall1"I-:" i~ n"t ",. ,"1l111l..1 I". n'I'ail',.,1 will,i" ~aid tinl(' ",' if II... ,la'''aJ.:''~ "~",,,'d ~"dl "".... t.lli" ,..,,,In...t "'a.l' I... 1"I'III1I1"t,.,1 al 11)(" "l'tl"lI..f 1'III'<'ha~"r- a"d all "aY""'II(~ "nd thinl!~ "I' valut. n,,'('i,",'d I"'n'und..,- ~hall I... n.tul,,1t.d t" I'ur-dla""!'. :-;h"\1ld 1'11"("11,,;;,'" ,'I,.d t" ,'al'I'.I' ""t tlll.'< ,""nt..ad d..~pil" ~ul.1I ,laulIIJ.:". I'll r"('h;I""1" ;;h"lll", entitl"d tu all th.. ,.I"t'dit fu.. tll<' i""",'all"" [lr,,,,,,,,',I~ n,~"ltinl! f,,"m ~lldl ,tarnagt'. nut "~",,,',lil1j1;. hOW'.\'l'I', th., (..tal pun'has" pri,'p. Shuuld a"~' n~t""e;; ",. ;;"rvin'" rail l>etw""11 tilt' <Inll' of th;;; ,'onlnH.t an,1 th.. dat<. "f I"'''''''~.~iuu "I' th,' ,\nt,. "f d,.lin'I'\' <If .1""'1. whid"""'1" ~h,,1! I", .'urli(.... tlll'n :-;,,11..,. "hall I", liu!>I.' f",. llll' .."pai.. "I" 1"(."I;I""IIII'nt "f;;"d, fixlll1"<';; <lr ;;"I'\'i("('~ with a 1Il1it "i" ~irrlilal' "iz... ag,'"HI,,1 'Iuality. "I' an "'lu;"al,'nt t'r...dit. \7. Tinlt' is "I' thl' t'sHt'n,'(' hl'H'of. If any 11111... ul" l'h..(.k n",,'in',) ,,;; ,.arll".~t nIHIl"Y 1I,'("<',"ult'r Ill" an.," <1111.'1' pa.\"m"lIt ,Iu,' h"l"l'ull,I.'I' i~ nut pl.i,1. horwH'.! "r- 1<"HI..n.,1 ",'11t'1I .Ju...u,. if ar'y utlll','..hl;jI;ali"n h<'r"llr1<I,'r is lI"t r",d'"""",d as h"",'ill IIH,\"i,h'd.l1u'n' shall I... I h,' r"lI..wi'ljl; n'llI<.di,.s: (iI l r F 1'1 r It( 'lIA:-;~; I{ t:-; IN ItEFA 1 J 1:1', 111('11 all l'a.\"III1'I<I" ar"II.lI;IIJ.:~ uf "n Ill.' n""'I\",.,111<'1'O'lllld"1" shall),.. fu,'f,'il ,.<1 by l'ul"dl"",'r- alld ....1 "i'I<',1 "n h..half "r S,'11,'r an,l f,,,th parti,'" "hall tlu'",'afl"I' I". I ,.l..a,~,',l fl'''lll 1111 "bliJ.:atI<JlI;; 111",,'(1"'\"'" I I ;" "J.:H....ltllal ,,"('h l'a.l'-llI,,"t~ "lid l h ill/.:~ ..I' ""11,,. ure LIQtlIVATfo:IJ !JAMA(;}>;S lind (e:u~el,t "" I'I"{Jvi,l..d ill suL.IHtl"UKraph (e)) an~ thl' Si:LL~:R'S SOLi: A:\1l O~LY REM~:llY fur the Purch:<scr', fllilurt' to !>"rfurm tht. nhlijl;uti"nH ufthill conlnu't. SI.'lIt'l" eXI'rl'lIl1ly waives tht, rt'm..di"" O[lIIWl'ifi"IWl"ful11,u"'l' and ,,,!,!itio,,al damaV:l's. (Ii) I F SELLER IS IN f)~;~'AUI.T, (I) PUrl'haM'r lIla.\' ,'h.,.t t.. tn'at thilll'u"tnl(.t as It'l"llIinat..d. in whidl <'1t",' all payrrrt'l1l~ and thinKS (If valut, t(.t....iv~.d 11"I.t.und...r ~h"lll>t. r"turnt'd t" J'urdwM'1" ,ifill Pu",'has"r may r",('o"t'r suel1 damaKt." as ma.v h" 1'l""l't'l". 0" (<!) l'ur"l'ha~el" ma.... l'let't to tr",,,t thisl'untra(.t as h,.inK in full forl''' anti eff"l.t and I'un'ha",'" ~hall hav(' th., ridlt to an a.'li"" fur sp"l"ifi,' I"'I-rurmar,,'" 0" dam1lJ.:"s. "r hulh. k) Anrthinj! tll thl' ,""nt!";try I,,'r"(.jn n..twith"t:u\(lirrg-, in th.. c\'t'nt lIf an,\'" litil{alioll ari;;ing- ,,"l of lhi~ ""Ull'ad. th... ,'our'( ml'Y ~twllrd t" Ill<' pn'\" llili nj.! party all r't'as{lnl,hl.~ ,'usts arHI cxp..n".., indll<ling- attlll'lI"YlI' f.,.,;;. lH. !'ul"t'has,'r and :-;,,11,,1' :'Kr'l't. that, in th.. ~.v,,"l ()f any '.((ntrnv....~y n'/.:"rllil1J.:' tl1I' ,'arrH'"l lIIlI'It..\' 1".1<1 I,.\" 1.ro....r. IInh"lI llllltlJal w,.jtl,'n instrul.ti,," i" n.l....ivt.<ll,y h.."....r. h!"uk..r ;;hall "ut I". rt"llIil"l'<1 t(( tnkl. any adio" 1'lIt ilia.\" ltwait allY Jln"',.,.,lilljl;. or at hnlk"I"~ uptio" and di~l'rl'liun, may int..rlll",ad al1~' rnun"'r>l or tllinK" of valUt, into ,',,\1 r.t all,l Ill"\' r"""v,'r (."u,.t ,'osl~ alld r.."~,,nahl.. Httorn"y'~ (eI's 19. A<lditiUl1ill prHvisiun~: . See attached Exhibit "B" 'lO. If thilll,r"l'osal i~ ."""'I,t..,\ h 't.Ut'r in writinjl; ltl"ll'l1l',.ha~,'r rt",,'i\".'~ "Utit'l' ur "udt a''''''111 allt'.' ,'" '"' lot'fon' llnd !'Ul't;ha",'r anti shall iUlln' tu tht. 11l,,,..fit of Ih..lwirs. suc.....ssur" and Il;;si.lrns <If Purcha~t'r'lIAddre"s_______Box_1838 I (Tho: fnUIl...in" s('dion 10 ht'ft~I2.It'_d hy S"lIo:r and I.illtinlf Al:('nll !i~~~iM:!~ijiM~~e~~;y:i..~~i~~Iii~ Sell..r IT~tfiL{ Ul LiIl~ 17 S III r ~ S,lIdd."'"". 'Z f)}-O It. 6't( lAw', 7)~ (Etf f" ~ h? ~~*~MK&X~~~~~~_ It> Exhi bit A lol':M;~: l\G p.EE1.mNT _..__~m__ _._____ rrIlI~ LEl\~;E Ar::a~CE1'lEN'1' mnd~ und entered into between I:OI',E!1.'r \'1. J\!!DI:C:US and CLYfm !.:"FAJ1.LIN of l\'-'p'_~n, Colorado (hf!ccin- [l"'l-c~r rt:fccrctl La i"\~; "J,;\lldloT:"{l") ,lr'.d Puma Industries, Inc., " .--~..._- (If !'.spen, Cc)lor.-!r1o (ll('I'(~indr: I_~r. rprl.~l'r(ld l:o tl:.. u'.rl~lH1.ntll). \'Il'.l'NESSWl'lI : I I~'~eitals 1.1 l'n"mises: 'J'he premises ,.,hieh arc the su;-.;P('~ nf this I.,r~ase are 464 5<:\'l<\1.-e feet located in the l\spen Riverfront nuilding which is situated in the 400 block of North Mill Street, ci ty of I\spen, pi tkin Coun.ty, Colorilelo. 'J'he CXilct p:cemis,,-,g \ leased by 'fenant arc shown on Exhibit "1\" attached hereto and nmde a part hereoE by this r~f0rence. 1.2 nm:incss l'"e: Tenant shall utilize the p=ernises for --..----------.--.- L. Light Mfg., 2. Wholesale' Sales, 3 ~lail order Sales <Ind such other incidental uses in connection with Tenan..:'," business "Ihich con,.; ti Lute a li:\.,ful use under the Clpplici1.blc zoning regulations. I. ~ 'l'rac1e Name: Tcnilnt cloes business on the premis~s --.----.--- undnr the nume nnel ntyle of Puma Plating Co., Discovery. 1.1\ C()tls.i(l~ri\t.ion: f}'he cons:il1(~rat.i.on fo'c this I.::~;'1.~ie 1\~Jl~e0.lIlen l: :;hilll br.' th(~ b(~Itp r i \".:-3 CilCh l_l,-u:Ly r:hilll (l'_"I~ivc from the pt,rforman~~ of: its cov.:,nnnts. II J,!~.1.se provir,;ions -.-......--..-... .....--- - .--- /...1 J.leil:;('~ r:rflnL-.: F(lr- t.h:~ conr;ic.l(1r~l'.:lon d'~.~:.;cr:i.l)!:~(1 ill --.-..-.- .-.__..----- pill:agrilph 1.4 abc,v,", n1l<1 in fllrtl1<,r eon,;i.<1<"-,1tion t.f tht' rent.nl Ln be paid hnrr.nll<l.0.r, th(~ Lllnd1.u.r.d dOC'f. (Jivl~ and ~jl:i\nl: to ~l'~~nant n Lease of the prcmitiCS (le~;c cUJ'.~t1 in p:ll.i\l}l.~'lph 161 dhov!~ .rnr il term of 5 __.____._ ycnr~j.. snid Lc<'~c i-er.nl ~hu.l1 com:r.':.::ncc em the hI:. dilY of ~'nrch , 8.0 - nnd terminntc at --..,.-.--- .---.-------- Id(1ni.ght on the 28th OilY of Feb., 1985 , unless ~j(ll:ll0.r. t.cl:mi.nilt.rr.1 i1!~ pl("Jv:i.clc~l hf'r0\lfl.cr. ,. ._-~ II , , '" , 2.2 Hcntal: Tenant shall pay' to Landlord as rental for the full term the sum of $15,732.00' payable in annual increments as follows: tal During the I'i rst Leajt year commendn?, calendar month throughout said Lease year, the monthly installments of rental shall I be in the amount of $232.00 each. (ll) During the Second Lease year commencing March I, 1981 and Oil the First day of each calendar month throughout the balance of said Le~se year, the monthly installments of rental shall be in the amount of $2~8.00 each. (c) During the balance of the Lease term, monthly in- stallments of rental shall be in the amount of March I, 1982 - $263.00 , March 1, 1983 - $278.00, March 1. 1984 - $290.00 each commencing March 1 of the respective year and on the first day of each calendar month thereafter. . 2.3 PI ace of Rental Payment Renta 1 s shall be paid to Landlord addressed to him at 412 No. Mill, Aspen, Colorado or such other place as the Lan.liord shall designate by appropriate notice given not less , than fifteen (IS) days prior to the ne~t rental installment due date. 2.A Utility Charges: Tenant shall pay. when due. all charges for electrJcity, sewer, heat, trash removal and telephone attributable to the pre~ises. Those charges accrued by Landlord directly must be billed to tenant monthly. 2.5 Maintenance and Hepairs: Tenant shall be responsible and pay for the maintenance and repairs to the interior of the improvements on the premises, excepting structural repairs nbt necessitated by reason of Tenant's remodelling of" the interior. The Landlord shall be responsible and pay for the maintenance and repair of' the exterior of the improvements, including the roof and any strhctural repairs of the interior not necessitated by reason of Tenent's remodelling. -2- --.....-..,- .. ,. -.. -..........-. . ...... i ,...__.lI,;, \I Ii Ii I J2. .- The Landlord shall be responsible and pay for any furnace Ircplacement and electrical rewir.-Lng not necessitated by reason of I Tenant's remodelling. 2.6 Remodelling: Tenant may remodel the interior of I !the improvements at its sole cost and expense; provided, however, plans of any such remodelling shall be submitted to the Landlord not less than thirty (30) days prior to the initiation of the work The Landlord shall approve or disapprove such plans within said thirty day period. ^pproval shall not be withheld unreasonably. In the event that the Lcmdlord neither approve., nor disapp:coves such plans in the period, it shall be presumed conclusively that approval has been granted. Tenant shall indemnify and hold the Landlord harmless from any and all liens and encumbrances which it might incur by reason of such remodelling. " 2.7 Non-Violation of Law: Tenant shall d~ nothing in connection with its use of the premises which shall be violative of any sta,te law or ordiJ1ance of the City of Aspen, Colorado, including its zoning regulations. A violation of this covenant shall not exist until Tenant has been convicted in a court of competent jurisdiction and exhausted its rights of appeal. 2.8 Pea'ceful Enjoyment: So long as Tenant is not in default under this ^greement, the Landlord covenants to protect its right of peaceful enjoyment of the premises. III "Insurance 3.1 Liability Insurance: Tenant shall maintain in full force and effect public liability insurance in the minimum amount of One Hundred Thousand Dollars ($100,000.00)/ Two Hundred Thous- 1 and Dollars ($200,000.00). 3.2 Fire and Extended Coverage: The Lanc1loid shall insure the improvements, less foundations, against fire and those perils ! normally covered b:i an extended coverage rider to not less than I I ..]- II "" IJ i " J , I eighty per cent (80%) of the replacement cost. 3.3 tvorkmen's Compensation: Tenant shall maintain Hork- men's compensation insurance as required by law. las to whether or not Tenant carries fire, theft and business 3 ~ 4 Opt.ion<ll' Forms 'of Insurance: It shall be optional i~teruption insurance. It~ shall be optional as to whether or not the Landlord carries insurance against glass breakage. 3.5 De'stru'ct'ionoi' :the Premises: In the event that" 'more than thirty per cent (30%) of the improvements are 'destroyed by reason of fire or other casualty not caused by the intentional act and/or gross negligence of Tenant, its officers, employees and agents, the Landlord, at its option, may (a) rebuild the im- I Iprovements, or (b) terminate the lease and thereupon be released I:from all further liability hereunder. The Landlord must exercise its option within thirty (30) days after the occurrence of the ." casualty and give notice to Tenant of its decision. In the event that the Landlord elects to rebuild, it shall commence recon- struction within a reasonable period of time, not to eKceed ninety (90) days, and proceed diligently to its completion. All rentals shall abate from the date of casualty until reconstruction is completed or the Lease terminated. In "the event that less than thirty per cent (30%) of the premises are destroyed by casualty, the Landlord shall be obli- gated to reconstruct and/or repair the premises. Such work shall 'be commenced \qithin a reasonable period of time, not to exceed forty-five (45) days and proceed diligently until its completion. Pental shall abate only for such period as Tenant is unable to loperate its business. , I 'fhe provisions of this paragraph numbered 3.5 \.,i th res?ect I I ,:'0 (a) abatementof rentals, (b) option to rebuild or ",terminate , , I i:,he Lea'se, , lapPlieable I I I I t I I and (c) obligation to reconstruct or repair shall be if, and only if, the loss was not caused by Tenant, -,)- /~ its officers, employees and agents intentional act and/or gross negligence. ^ny act or repair or reconstruction caused to be done by Landlord shall not constitute a waiver of Teni:lnt's lia- Ibility hereunder. IV Termination of the" L"e'ase to the other party. The defaulting party shall have a period of three (3) days to cure the default. l~i.th respect to default in rental payment, Tenant shall have a period of three (3) days in 1\~hiCh to cure such default. The periods herein provided for curing default shall commence on the effective date of the notice and run for consecu.tive calendar, not business, days. ^fter notice herein provided, Tenant's right to possession of the leased premises shall automatically terminate and Tenant shall peacefully surrender the leased premises to Landlord, and Land- lord may, upon or at any time a:Zter any such termination, ~Tithout jfurther notice, re-enter the leased premises and rapossess it by force, summary proceedings, ejectment or otherwise, and may dispossess Tenant and remove Tenant and all other persons and property from the leased premises. " 4.2 Termination' by Surrender: In the event that Tenant desires I primary to terminate this Lease prior to the expiration of its term or any extend~d term, it shall give r,andlord not less than ninety (90) days written notice of that fact. At any' time prior to the expiration of said notice period Landlord may give its \~ritten consent to the termination and \'lhereupon the parties shall be released mutually from the terms and conditions In the event that the Landlord by its affirmative act, -5,. I' I! II I: , i i -- IJ continue to be liable for performance of this Lease Agreement to th8 expiration o~ its then current term. 4.3 Landlord's Lien: The pLlrtics hereto under s.tand and agree that in order to secure payment of all sums at any .ti:ne becoming due to Landlord her(~unc1er and to secure the proper: per~ I jfo~mance and fulfillment by Tenant of Tenant's agreements and obligations hereunder, Landlord has a first. lien upon and Tenant \herebY gives a security interest to Landlord in all of the per- Isonal property, of 1I1hatever kind, and fixtures \~hich '.renan.t I ISha11 place or permit to be placed upon or about the leased Ipremises. Accordingly, TJandlol:d ;:tay take possession, by force lor otherwise, of any such personal property and fixtures in~e- \diatelY upon default and prior to and notwithstanding the notice I provisions. set out in paragraph 4.1 above. .' v Miscellaneous i , . S.l Assignment: This Lease shall not be assignable by I'renant. In .the without the prior consent of the Landlord first obtained. event of such assignment, ~:enant shall still remain liable under this Agreement until the expiration of .the then current Lease term but no extension thereof. 5.2 Binding' Effect: This Agreement shall extend to and be binding upon the successors and assigns of the parties hereto. 5.3 Option to Renew: On or before ninety (90) days from the expiration of the Lease tern, TcnLln.t, at its option, may renew this Lease Agreement for an additional' 2 yea.rs year (s) upon the follo1l1ing terms and conditions: at a rental to be agreed upon bet,;een landlord and te~ant, but if they can't aJ3ree, then to b~ fixed at the annual re:1tal value for ~:i.milarly zoned prenise5 in j1..5pen, C,?lo. Such rental value to be d~tcrmined by an }~.A.I. apprai5er-th~ co~t of which appraisal Ghall be split bztween the rarties. . I This option if exercised shall not be con~trucd as a I !continuing one and this Lease as extcnded will expire at the end 10. .h. ....ndo' Loa.. ..... I Ii Ii -.6- II II I I /6 5.4 Paragraph and Section Headings: The paragraph and section headings employed herein are for convenience of reference only and shall in nO\~ise be construed as enlarging or limiti.ng Ithe meaning of <lny portion hereof. I 5.5 Notice: All notices required to be given under this Agreement or which a party desires to give shall be in ",ri.ting (b) Tenant: Box 1002;..... Aspen, Golorlloo ::>1611 The effective date of such notice shall be the date of The addresses above.may be changed by giving notic~ of such change in the same manner as any other notice. , 5.6 ChoiceoE Law: This Agreement shall be construed according to the laws of the State of Colorado. 5.7 Legal Fees and Court Costs: In the event that this Agre",ment shall become the subject of litigation, the parties agree that the Court shall award the prevailing party a reasonable attorney's fee as a part of the costs to which said party become~ entitled to recover under the Court's judgment. This provision shall be effective in the event of appeal to the appellate Court or Courts having jurisdiction of the cause. 5.8 Surrender: At the date of surrender of the premises, i "1hether by expi.ration of the term of the lease or its extended , term or otherwise, Tenant shall redeliver the premises to the Landlord peaceably and in the same condition as they now exist, fair wear and tear excepted. Tenant shall be permitted to remove any and all trade !fixtures and equipment installed by and/or owned by it 'whether or i 'I not affixed to the improvements, by reason of such removal must be but any cl<lmage to the p:cemises repaired at Tenant's sole cost and expense. I I I I I -7- 17 .' 5.9 ' Holding Over: Any holding over by Tenant shall be regarded as a month to month tenancy terminable by the Landlord upon ten (10) days notice. Rental during such holding over period shall be in the amount of the last monthly installment paid prior to the date of termination of the Lease. \ 5.10 Release' of' Parties: In the event of a contemplated assignment ~ur~uant to paragraph5.1,_the Landlord may, at its election negotiate a new Lease with the prospective assignee. If Landlord makes an election to so negotiate, Tenant shall be so notified and thereupon shall be released from any and all ,further liability under this Lease Agreement. Ii , - jTenant by Landlord shall further operate as a by Tenant. A release of release of Landlord 5.11 CleanTin'ess: Tenant will at ,its sole cost and ex- pense -from time to time and at all times during the term of this Lease keep the premises and the grounds surrounding the same which the Tenant may utilize in a clean condition free of all junk, deb~is and other items which may give the premises an unclean look. 5.12 Non-viol-a'tion: -of' Law: 'fenant agrees to observe lall laws, ordinances, rules and regulations made by any, govern- t~1ental authority which are applicable to the 'lands or the use thereof. Tenant agrees to hold Landlord harmless from all actions, claiffis and damages by whomsoever brought or made by reason of Tenant's non-observance o~ non-performance ~f said laws, ordi- nances, rules and regulations. 5.13 Inspection by Landlord: Tenant agrees that Landlord and his duly appointed agents shall have the right to enter upon the leased premises during reasonable business hours for the purpose of examini.ng the state of repair, condition and ,cleanliness thereof. 5.14 Indemnification: 'fenant agrees to defend and hold I r,andlord I I I harmless from- and against all claims and demands for. -B- f'i ,.' Ir,u:,;;; or (!,.:; I"j.. ;n: i::; 11(1 qq:_ oC or I: I~f' "":j:.'f1CY fl~ [1(' 1';"1:11 ';r,.. L:.' 'l\'11:"\1ll". 01~ dri~' pCI~:;('n. cl~".lnin<J by, Ii: ill.,>'I'!!l P:: ,,1\'1,.,' it, i,,,'I" lin<J '''Ie: nul: 1i,'I;I'('<I Lo (,I) cl.'1,i,~~< f.o::" I I, , I ", rl'J'~rt.Y r.:.117Flf:" " , 1\:I(~n~: or f.i.f~(~ Ol\ 1-11',' pl....,lt\i,:,.~;t (d) lIUi:;.U1C", {c} fil.i..lur~ 0[; ':i'~~IE':1t I I Lo 1.l.lintu.in UI'" I'r,"" i ,;"','S 1..1 " ~;"r" (:(Jnd,i,l:i\,,~, I I i : n COllrv-'c (-j.on ',-:i_I-.h the \1;,(~ 0'1." (1)) f'" ;."::( q:.~ 1. i.l'I'll:Y or l..T()'I'~J;ul llr:'c\th, (c) ~r~c i- ~ .. ll~ E r f I~C t., i 'J '.' 1)'-1'- ," : rL'h(~ cEfccl:.lV'.:' Oi\l:.e \.. ...d.tS Ilr~~~;e l\:rt"!~mE:!ll t ~!i"lll be :!!~~ch 1, 1980. ,; 5.1 d r- ":.vc. p \.,' -I.' I' . :.!-l..:._..:,:-!:..:2.' :-~~:..;..y., If ilny provic~ion of thin !,Cilse ::hould b" h"lcl in'lilt icl (1,1: IIlI'"nl'ot''''','1bl',:, t,l1c r\'IOd Lning provi.sions sh'111 .1\2;'''~:,:.~:l:helc'':::s t.'('i'til.:i.n lll);\l. frct".cr.l .!I'.ll CO;\tilll!e in full [or(:o :lllc1 I : (~ ;' f (" . .... 'l'- .. "' 1 i'-l I .'. ," - t ~~ \ '.. .'. . -' i i 1':::< '('111. c.d I I , I "114 I I.I'nI1 I' .. . . I , . , I :'nd t.l'r:('.:l......lhlf".. i '", 1\'; ,f ," I (') I ~ I I , ""~i?J;1f:2"".' LANDL()IHl:W~U.f//J ROBERT lv, ANUREWS CLYDE MCFARLIN TENANT: I'II~I^ 1 NUIISTR I ES BY: ->>-~ii\ ~ Secretary - Treasurer Addendum: The tenant has right of first rcfusa 1 on area present ly leased by "cad Imports provided tl.ey do not reneI' the; r lease. AcknO\<ledgelllent by the Landlord that the tcnant has paid a damage deposit of $113,:;'1 pillS the :lIllollnt of $1.93,:;3 in liell I.andlurd as of 3 - 1 - 1%0, RwP ~ of a last mimtl, rent for" total of $30(;,67 being held h)' 'j 'Ii ,., :.-:-:-L:':',:' ' ~ .:. -:<.:, . "', , .~- - ,:.",,,. --. .,', . ~"'-"1:' ' ..,~ " --~ J r. \ ~: .'\.Y.f.:-..:' ~,~ c..'1EhT ! ~~. ~ __ _l ~I, -- . n'.' , .,' , ~ ! ....('::t::~... f:.r'\::.EMC:t-~r :Ii _ Go C 1:.". t"L-~"';;' r : 1 ------f-- -- - ---r--------------I------1 " d, " , , , :''C'" .. -I '" c - .., , r - ~ - 0 " to> - 1& 2- -2+55 .. 'I;, I. " _ j;, IGJ4 ~ " \ c , 7. I ~ I \J' I , ....Il I I I C ~" "2 'I " ~ , " " , \:J ill ~ - :i Ii - I' ::: " ,I 'I .875 -1~?5 ------0 , ': jH'r,S I. ~0?t' II 1'1..-t ,11 (} ~ :, ~ '..J 0", 1';j. II 64 ,;::'~ rr !.: B;...:.(~ p" c :z ~ iJl N -S> b to> :.i !' ~ , 1 1; l N - . ., 1._-- . Ie;. ~ '04 ~ - ""?'o ...,.-/.<: F ZT'" I LtD~ " 'I' " I!l ~ i ~ Ii, ill :1' " N:l: ..c:1 f;;O: r Nli "7 J: (j' I" " I '" " :1 ~ ill .. I' ;:; L_____________ " c 7. ::j \JI' ~ o , ill N:1 b:l Nil !i :1 " 'i I, II -J,j "...: , " -T IGd 111 ~ ~ ~ \> , , ~ r ; '. -,~ C 7. =i .-.,-.- 1---- "-1 ----, I--,-~ __L..-I " ~ " 1 -, ~ , !t-~ --." -~ o -~ N --..-- __u_~ ), t- ~ () ~A ":I: ~" =1'- ~ iJ ...... ~ '! .., --- -----' , ------=1 c z: ~ iJl C}. l~ ,.l> o to> 1<> Z ,~ Exhibit "13" This contract is ~pecifically contingent on the following: a. Purchaser shall obtain financin0 secured by a first deed of trust in the amount of $75,000. over thirty years at an interest rate no higher than l]~. The terms of said loan shall contain a provision for full release of Unit 13-12 'Ipon payment to lender of $30,000.00 Lender shall also agree to allow Purchaser to grant a second deed of trust to Seller to secure aforementioned second mortgag,c, b. At closing Seller shall pay $10,000.00 to Purchaser which shall be applied by Purchaser to remodelinq of the subject property. c. Approval by the City of Aspen and the Andrews-McFarlin Condominium Association of all Purchaser's proposed remodeling plans as stJLcd in Exhibit lie" uttachell hereto. d. Compliance by Seller of all pertinent City of Aspen condominium regulations. c. Approval by City of Aspen for use of both condo units as a residence as long as the primary use of each unit is pursuant to S/C/I (Service, Commercial, Industrial) zoning as defined in the current Aspen Code. f. Seller grants to Purchaser first right of refusal to purchase any additional units in the condominium project. Purchaser shall have thirty days to match the terms of any bona fide offer for said units after receiving a copy of such offer. g. In the event Seller builds an additional condominium building as provided in the Condominium Declaration on file with the Pitkin County Clerk and Recorder then Seller shall grant to Purchaser the option to trade one or both of the subject condominium unit~ for comparable unit or units in any additional condominium building. The parties shall cooperate in providing for the exact terms and conditions of such an exchange and expressly agree that this provision shall not fail due to the uncertainty of its terms. h. Seller shall amend and revise the condominium map, currently on file in the Pitkin County Clerk and Recorder's office, so that condominium Unit B-ll and that portion of Unit B-9 described on the front page are combined so that they are represented as one undivided unit. The Condominium Declaration shall be accordingly amended to accurately reflect the rights and duties of the condominium owner as adjusted to the size of this newly described condominium unit in proportion to the size of all the other condominium units. Such amendments shall be duly recorded in the Pitkin County Clerk and Recorder's office. i. The condominium map shall also be amended so that there is no easement access to the boiler room through Unit B-12. j. Seller agrees that Purchaser shall not be held responsible for any costs and liabilities arising from any existing obligation Seller may have with the City of Aspen to paint and reface the outside of the condominium building, as well as doing any im- provements necessary to bring the building and surrounding property up to the current Aspen !3uilding Code. Further, Seller promises to repaint and remove all dents from the exterior walls of the building. " , EXHIBIT C Remodeling Plans for Units B 12 and B 9(partial) / B 11 1. Decks. A. One deck along the south side of the bldgapproximately 175 sq. ft. B. One deck on the S.E. corner of the building which ex- tends on the south side for approximately 100 sq. ft. and on the east side for approximately 65 sq. ft. 2. Moving the existing stairway in a reverse position so that the entrance is from the east instead of the west. J. Unlimited fixed and operable glass on the south end. 4. Moving electric wiring, gas lines and plumbing to accommo- date all fixtures. 5. Approximately 40 sq. ft. glass on the west end. 6. Installation of dance floor. 7. Operation of wood burning device. -- L ra . p r 11111111111 n 1.1111. )0 August 198) City of Aspen Planning Department To whom it may concernl We wish to purchase and use two condominium units in the Andrews/McFarlin building on Mill Street in the following ways. FERMI TTED USE Shop-Craft Industry. I, Sarah, manufacture and sell artwork such as hand-painted garments and standing screens, paintings, drawings, etc. CONDITIONAL USES Dance Studio. I also create and produce performance art which involves my two dimensional work in addition to choreographic work. Catalogue Sales Office. Both my mother and I own and operate a catalogue business which we began in 1981. Through it we sell my work and the work of many other artists living in the Aspen area. A copy is enclosed. Residence for Employees. We also wish to make this space our home. All of the above will actually merge into a home occupation, under the broad catagory of "artist's studio and salon" where the work of several artists may be seen and bought, where they may also meet and exchange ideas and where art work is often produced on the site. We have been looking for suitable working/living space in town for several years. This space is the first we've found which we think could fit our needs. The proximity to the ACVA, the pro- posed Performing Arts Center and the town center is ideal. Also, the excellent location and orientation would provide beautiful views and the kind of inspiration we desire. We have preliminary drawings prepared by architect Tom Crews with consultation from the Aspen Design Group. We plan to install a greenhouse/deck solar system on the south side of the building which makes good energy sense and which we feel will greatly enhance the outside of the building. We have also been working with the condominium association to refinish the outside of the building and to in- "'......" PLETTS/GARWOOD REQUEST Page 2 tegrate our exterior renovation plans with other members' to improve the overall appearance of the property (communal garden. parking. etc.) As for impact. we feel that we fall under the code guidelines as we do not "sell daily or frequently bought items to the general public." I. Sarah. have been teaching art related subjects through CMC for several years and I wish to continue to do so in this studio space. My classes average 6-7 students per session and are almost entirely made up of local residents. I think that the city parking facility might easily accommodate these people. Lastly. if our requests are found satisfactory. we know other artists/designers who are also interested in utilizing the building. We hope to encourage them to join us in such a venture. Thank you for your considerations into this matter. Sincerely. ~ ~~~:t' ff~' OillU f t;tZJtl&Tod...J fa~et Garwood Encl Zebra Tree Catalogue Artist's Bio on S. Pletts ---.j--- , " ., -- Bio~aphy SARAH PLETTS began her professional dance training and performing with the Miami Ballet Co. She performed with the Paul Avery Dancers and the Sacred Dance Guild of Miami before going to NYC. There she attended Pratt Institute and began to mix her dance mediums with other art forms. She received a B.F.A. and studied marty n.ore years of dance primarily with Merce Cunningham and the New York School of Ballet. She has choreographed multi-media events in NYC. the Roaring Fork Valley and for the Telluride Dance Festival. She continues to exhibit her paintings and designs nationally and she teaches in the interdisciplinary arts. Currently her art is primarily concerned with exploring the effects of con- temporary media sources on the development of the senses. - .....;..... , -..../ July 20, 1983 City Planning Dept. 130 S. Galena St. Aspen, CO 81611 Dear Sir: Per Sec. 24-3.3 of the Aspen Municipal Code regarding grant of conditional use in terms of the suitability: 1. The use complies with all requirements imposed by the zoning code. 2. The proposed use is compatible with surrouding land uses and uses in the area. 3. There will be no structure enlargement or expansion in ground area. 4. There will be no unusaI traffic hazards, noise, dust, fumes, odors, smoke, vapor, vibration, glare or industrial waste disposal problems attached to the proposed use. 5. Equipment rental because of the flexibility of use and return hours requires living adjacent to the business. Sincerely, [~. Qk~17 ,- ". :) July 15, 1983 City Planning Dept. 130 S. Galena St. Aspen, Colorado 816ll Re: Application for SCI Conditional use of a dwelling unit accessory to SCI permitted use of equipment-rental, storage, and repair at Andrews McFarlin Condominium Units B-6 and B-4, 412 N. Mill Street We are applying under Section 24-3.2 Permitted and Conditional Uses of the AspenMunici pal Code for: a dwelling unit accessory to a permitted use, specifically Properties West, a property maintenance company specializing in carpet and upholstery cleaning rental equipment and materials related thereto. Sincerely. ~ J7 (]~<<.p Robert ~ Andrews .;.., .,-':'"-"':-.l':'-'~-"'~~"""~':""r~~' -'~.'" _....~. -. -, - ^~ . July 20, 1983 I<obert And rews P.O. Box 3786 Aspen, Colorado b1612 R~: Andrews/MeParlin CondominiUln Dear Mr. Andrews: This ill to eonfirT:l the f:Ub3t('nc~ of our meet.ing last week on your plans to occnpy a unit of the referenced condominllll'l. 'lOll initicatnd tha,t your plans were to open a carpet.-cleaning equipment r<'~ntal franchise in the unit and then apply for permis- l3ion to occupy the remainder of the !Init as an accessory <"welling. )\s you know, the SCl zone lists equipment rental asll permitted use and an accessory dwellino unit as d conditional use. Ny advice to you was that if the carpet-cleaning equipF;\ent r'mtal franchise wall and continues to be a bona fide use of tile unit, vou could so occupy the unit by right for tha~e and then apply to the Planning and Zonin9 Commission for i\ conditional use pen:lit for the accessory dwelling. You indicated that you would make t1U<:1l an application. I 1.1USt caution you again that a conditional use permit for an accessory dwelling unit in the Sel zone is not a foregone conclu- sion. Th~ Planning Office has, ns I explained, con5i6tently attempted to reserve the dwindling SeI zone for \Jure sel uses. . Next, you asked for me opinion on the ability of the Buildin') Department to issue an immediate building permit for the remodel of the unit to accolful1odate the permitter:'! une, penning conditional use review. At that point, I reached Jim Wilson on a conference call and ind icsted my opinion that a permi t could be issued i~med- iately for a remodel consistent with the permitted use. I~wever, if th.. immediate pentit application had facilities consistent with the conditional use but inconsistent with the permitted use (bed- rOOi~5, full oatIl and kitchen, etc.), then the pen.it should either be held until the l?&Z passed on the conditional use application or be split into two parts anti process<,',i 61': tlvO COn!;ectltiv<? separate building permit applications. ,....-.... .-.., , -"'" . . . t.etter to Hobert Andrews JUly 20, 1963 Page Two You inclic8ted that you and your contractor l~ould be meeting with Mr. Wil~on to discuss your building permit application in light of tnis opinion. Please call me if this letter is not an accurate represe~tation of our meeting. Very truly yours, Gary s. Esary Assistant City Attorney GSE/mc Ene. eCI Colette Penne ~ Jim Wilson --