HomeMy WebLinkAboutLand Use Case.CU.734 W Main St.11A-88CASELOAD SUMMARY SHEET
City of Aspen
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DATE RECEIVED• 3
DATE COMPLETE:
IER:
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PROJECT NAME :LlfV
Project Address:
APPLICANT: "V Applicant Address:
REPRESENTATIVE:
Representative
PAID: rYES,) NO AMOUNT:
5 -1936
1) TYPE OF APPLICATION: LI
1 STEP: v 2 STEP:
2) IF ' 1 STEP APPLICATION GOES TO:
V P &Z CC PUBLIC HEARING DATE: ?'
3) PUBIyIC HEARING IS
IV P &Z
BEFORE:
CC
DATE REFERRED: / -C-�?-1 - y
N/A
INITIAL
REFERRALS:
City Attorney
Mtn. Bell
School District
City Engineer
Parks Dept.
Rocky Mtn Nat Gas
Housing Din
Holy Cross
State Hwy Dept(GW)
Aspen Water
Fire Marshall
V State Hwy Dept(GJ)
City Electric
Fire Chief
B1dg:Zon /Inspect
Envir. Hlth.
Roaring Fork
Roaring Fork
Aspen Consol.
Transit
Energy Center
S.D.
Other
FINAL ROUTING:
DATE ROUTED: rrd INITIAL
City Atty
City Engineer
Bldg. Dept.
Other:
/�/ �( �
FILE STATUS AND IOCATION:
T
y
CHRISTIAN SCIENCE SOCIETY CONDITIONAL USE
CONDITIONS OF APPROVAL
a. Identify the dumpster or trash location on a site plan,
which will be attached to this approval; this facility
must not be located in the alley right -of -way.
b. The representations in the application, including
numbers of members and hours of operation shall be
adhered to. If either the hours of operation or the
numbers of members change significantly it will be
considered an amendment to this application (a
significant change is considered church membership
above 25 or hours of operation in excess of 6 hr /day
for 5 days /week). The current proposal is: hours of
operation are Sunday evenings, the 2nd and 4th
Wednesday of each month (for the church), and 1 or 2
afternoon hours per week (for the bookstore /reading
room).
C. The Applicant shall notify the Planning Office before
instituting any Nursery school to determine whether or
not this use is appropriate and /or needs to be reviewed
by the City. This approval does not constitute
approval for a day care center.
d. Within 1 month of this approval, whichever is sooner,
the applicant shall provide a letter to the Planning
Office from the Housing Authority which documents their
approval of the form of the deed restriction for the
second floor dwelling unit. If the form of the deed
restriction is inadequate, then it shall be amended to
the satisfaction of the Housing Authority. The
original deed restriction was part of the October 10,
1978, plan approval.
PUBLIC NOTICE
RE: CHRISTIAN SCIENCE SOCIETY CONDITIONAL USE
NOTICE IS HEREBY GIVEN that a public hearing will be held on
Tuesday, May 3, 1988, at a meeting to begin at 4:30 P.M. before
the Aspen Planning and Zoning Commission, 2nd Floor, Old City
Council Chambers, 130 S. Galena Street, Aspen, CO, to consider an
application submitted by the Christian Science Society requesting
Conditional Use Approval for the use of the property as a church
and attendant bookstore located at 734 West Main Street (north
east corner of Seventh and Main), more specifically Lots K and L,
Block 18. The property is zoned O- Office.
For further information, contact the Aspen /Pitkin Planning
Office, 130 S. Galena Street, Aspen, CO 81611 (303) 925 -2020,
ext. 226.
s /C. Welton Anderson
Chairman, Aspen Planning and
Zoning Commission
Published in the Aspen Times on April 14, 1988.
City of Aspen Account.
CERTIFICATE OF NAILING
I, hereby certity that on this 1 � day of
198Q , a true and correct copy of the attached f4otice of Public
Hearing was deposited in the United States mail, first -class
postage prepaid, to the adjacent property owners ap 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.
Nancy Caeti J
CI
MEMORANDUM
PEN MAR 23
11
DATE: March 23, 1988
TO: Tom Baker, Planning Office
FROM: City Attorney
RE: Christian Sciene Society Conditional Use
We have no comments on this application at this time.
PJT /mc
MEMORANDUM
To:
From:
Date:
Re:
Tom Baker, Planning Office
Chuck Roth, Assistant City Engineer
April 17, 1988
Christian Science Society Conditional Use
Having reviewed the above referenced application, the Engineering
Department has the following comments:
1. As represented in the application, it does appear that the
proposed use of the site will have less impact on the site and
services than the previous use did. Parking is satisfactorily
addressed. Use of the various utilities should be less than with
the previous property occupant so that no improvements should be
required for utility service.
2. The trash dumpster or trash can location is not indicated on
the plan, but there appears to be sufficient room on the site so
that they will not be in the alley right -of -way. A condition of
approval would be to confirm this since it is not indicated on
the plan.
3. The applicant must note that one of the Highway 82 "Entry to
Aspen" alternatives may require the widening of the right -of -way
onto the property and the loss of the structure.
4. The easement of Exhibit " A " does not appear to be bona fide,
or at least there may be other documents which could be needed to
support the easement representation. We would need either an
interpretation from the City Attorney and /or a title statement,
except that the issue might be moot. The applicant has vehicular
access to the property from the alley.
cc: Jay Hammond, City Engineer
CR /cr /memo_88.34
TO: City Attorney
City Engineer
State Highway Department (Grand Junction)
FROM: Tom Baker, Planning Office
RE: Christian Science Society Conditional Use
DATE: March 21, 1988
Attached for your review and comments is an application submitted
by Jane Ellen Hamilton on behalf of her client, the Christian
Science Society requesting Conditional Use Approval for the use
of the property as a church and attendant bookstore located at
734 West Main Street (north east corner of Seventh and Main),
more specifically Lots K and L, Block 18. The property is zoned
O- Office.
Please review this material and return your comments no later
than April 18, 1988 in order for this office to have adequate
time to prepare for its presentation before P &Z.
Thank you.
AStY', /PITRIN PLANNING OFFICE -+
130 S. Galena Street
Aspen, 00 81611
(`3300/3 )) y 992 5 - 20 prf'
This is to inform you that the Planning Office has completed its
preliminary review of the captioned application_ We have determined
that your application IS 149T complete) f>...�
Additional items required include=
V Disclosure of Ownership (one copy only needed)
Adjacent Property Owners Gist /Envelopes /Postage (one copy)
Additional copies of entire application
Authorization by owner for representative to submit applica-
tion
Response to list of items (attached /below) demonstrating
compliance with the applicable policies and regulations of the
Code, or other specific materials
A check in the amount of $
A, Your application is compF'ete and we have scheduled it for
review by the P-k on MA 'A'3 . We will
call you if we need any additional information prior to that
date_ - Several days prior to your hearing, we will call and
make available a copy .of the memorandum.. Please note that it
IS NOT your responsibility to post your property with a
sign, which we can provide you for a $3.00 fee_
B_ Your application is incomplete, we have not scheduled it
review at this time. When we receive the materials we have.
requested, we will place you on the next available agenda -
If you have any questions, please call
the planner assigned to your case.
Sincerely,
7; T
Dear
w
A G E N D A
ASPEN PLANNING AND ZONING COMMISSION
May 3, 1988 - Tuesday
4:30 P.M.
Old City Council Chambers
2nd Floor
City Hall
REGULAR MEETING
I. COMMENTS
Commissioners
Planning Staff
II. MINUTES
March 22, 1988
III. NEW BUSINESS
A. Hazen Stream Margin Review
IV. PUBLIC HEARINGS
A. 334 W. Hallam Designation
B. Christian Science Society Conditional Use
C. Carley Designation Conditional Use and
Condominiumization
D. Ritz /Carlton PUD /GMP Amendment (tabled to 5/17)
V. ADJOURN MEETING
TO: Aspen Planning and Zoning Commission
FROM: Tom Baker, Principal Planner
RE: Christian Science Society Conditional Use
DATE: April, 27, 1988
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APPLICANT: The Christian Science Society of Aspen / Snowmass.
APPLICANT REPRESENTATIVE: Jane Ellen Hamilton, Garfield and
Hecht.
LOCATION: 734 W. Main Street, lots k and 1 block 18, City and
Townsite of Aspen, (see exhibit 1).
ZONING: The property is zoned "O" Office, (see exhibit 1).
PARCEL SIZE: 6,000 sq. ft.
NEIGHBORHOOD CHARACTERISTICS: The existing structure is located
on the northeast corner of the Main Street /Seventh Street
intersection just west of the Hickory House. Due to the corner
location this parcel is bordered on the south and west by SH 82.
Adjacent uses include a restaurant (Office Zone) to the east and
a single - family residence (R -6 Zone) across the alley to the
north.
The structure has Historic Designation and fronts on Main Street
and is approximately 2,545 square feet (536 sq ft is located
below grade and was used for storage in the past). The structure
was previously Sorenson's Danish Antiks.
APPLICANT'S REQUEST: The Christian Science Society,
Aspen / Snowmass, Inc. requests conditional use approval for a
church and attendant bookstore (reading room). The property was
recently donated to the Applicant for use as a church. The
second floor deed restricted dwelling remains in tact. The
Applicant has no plans to alter or enlarge the structure with the
exception of the possible addition of a screen or sliding door
inside the building between the main church area and a nursery
school or Sunday school.
The Applicant states that the Christian Science Society of Aspen
and Snowmass has existed in the community for many years. The
church has a small membership; there have never been more than
nine (9) members in the church during the last fifteen (15)
years. The church holds evening services every 2nd and 4th
Wednesday of the month at 5:30 pm. All Christian Science
churches have "reading rooms" which are part of the church. In
some cases, the reading rooms ate located in a different building
than the church and in some cases they are located within the
actual church building.
The Applicant wishes to locate the reading room in the church.
Reading rooms are bookstores which also contain an area reserved
for people to read their daily Bible lesson in peace. The
Applicant anticipates keeping its bookstore open for one or two
afternoon hours per week. The Applicant also indicates that a
Sunday or Nursery school will be a potential future use.
REFERRAL COMMENTS:
a. Engineering Department: In an April 17, 1988,
memorandum from Chuck Roth the following comments were
made, (see exhibit 2):
1. As represented in the application, it does appear
that the proposed use of the site will have less impact
on the site and services than the previous use did.
Parking is satisfactorily addressed. Use of the
various utilities should be less than with the previous
property occupant so that no improvements should be
required for utility service.
2. The trash dumpster or trash can location is not
indicated on the plan, but there appears to be
sufficient room on the site so that they will not be in
the alley right -of -way. A condition of approval would
be to confirm this since it is not indicated on the
plan.
3. The applicant must note that one of the Highway 82
"Entry to Aspen" alternatives may require the widening
of the right -of -way onto the property and the loss of
the structure.
4. The easement of Exhibit " A " does not appear to be
bona fide, or at least there may be other documents
which could be needed to support the easement
representation. We would need either an
interpretation from the City Attorney and /or a title
statement, except that the issue might be moot. The
applicant has vehicular access to the property from the
alley.
b. City Attorney: No comment at this time.
c. Colorado Department of Highways: No response.
STAFF COMMENTS: In addition to the above points made by the
Engineering Office, staff has the following comments.
Conditional Use Review Section 24- 3.3(b) of the Municipal Code
2
states the criteria for review of conditional uses as follows:
CRITERIA
(1) Whether the proposed use otherwise complies with all
requirements imposed by the zoning code,
RESPONSE
Staff has determined that the proposed uses generally comply
with all requirements of the zoning code. The area of
exception revolves around Sec. 24 -4.4 Main Street Off -
Street Parking. This section states "All parking required
for uses fronting Highway 82 shall, if an alley exists, be
provided off the alley access and shall not enter or exit
from or onto said Highway 82."
In the staff's opinion this section of the code would create
an unnecessarily complicated situation for the proposed use,
as well as the Hickory House. Because the proposed use is
located on a corner where the highway turns, the parcel is
bordered on two sides by the highway. If the applicant were
to comply with the letter of the code it would force access
to the property from Sixth Street and the alley. After
discussing this issue with Chuck Roth the Planning Office
feels that the number of access points (3) will help to
decentralize the traffic movement from the proposed use.
There is access to the alley from both Sixth Street and
Seventh Street and a permanent and perpetual non - exclusive
easement on lot m between the Hickory House and the subject
property.
A typical concern the Planning Office would have for the
church use is parking. The Applicant identifies a total of
nine (9) off - street spaces on the site. Based upon the code
(which requires 3/1000 sq ft and 1 /bedroom or six (6)
spaces), upon the intensity of the proposed uses and the
fact that the uses are located on RFTA's Main Street high -
frequency corridor, the staff feels the applicant has an
adequate number of off - street parking spaces.
The Applicant should be advised that the SH 82 EIS is in
progress and that one of the CDOH's alternatives causes the
"taking" of this structure (drawings will be available at
the meeting).
1y:;016 YDi1�11:1
(2) Whether the proposed use is consistent with the
objectives and purposes of this zoning code and the
applicable zoning district and,
3
I.1 *109):
Consistency with Objectives and Purposes of Code and Zone
District - Both the bookstore and church uses are
conditional uses in the "O" zone for historically designated
structures. Further, Ordinance No. 55 Series of 1987, which
adds church as a conditional use for historically designated
structures in the Office Zone makes the following findings:
2. Adding church as a conditional use in the Office Zone
District for designated historic landmarks would help
realize several objectives of the Aspen Area
Comprehensive Plan: Historic Preservation Element,
including to encourage productive and economically
attractive uses of historic structures and encourage
renovation and maintenance of historic structures."
CRITERIA
(3) If the proposed use is designed to be compatible with
surrounding land uses and uses in the area.
RESPONSE
Compatibility with Surrounding Land Uses and uses in the
Area - Ordinance No. 55 Series of 1987, made the following
finding:
11 1. The church use is principally compatible with the
existing land uses of the Office Zone Districts because
churches are a traditional component of residential
neighborhoods, they may re- enforce the residential
character aspects of Main Street and other areas in the
Office Zone District, and they can fit into the
neighborhood's visual scale and use intensity."
Generally, the staff feels that the impacts associated with
these conditional uses can be mitigated due to the low
intensity nature of the proposed uses: the church holds
regular meetings on Sunday evenings and on the 2nd and 4th
Wednesday of every month; and the bookstore /reading room
will be open 1 or 2 afternoon hours per week.
RECOMMENDATION: The Planning Office recommends conditional use
approval subject to the following condition:
a. Identify the dumpster or trash location on a site plan,
which will be attached to this approval; this facility
must not be located in the alley right -of -way.
b. The representations in the application, including
numbers of members and hours of operation shall be
adhered to. If either the hours of operation or the
numbers of members change significantly it will be
considered an amendment to this application (a
significant change is considered church membership
above 25 or hours of operation in excess of 6 hr /day
for 5 days /week). The current proposal is: hours of
operation are Sunday evenings, the 2nd and 4th
Wednesday of each month (for the church), and 1 or 2
afternoon hours per week (for the bookstore /reading
room).
C. The Applicant shall notify the Planning Office before
instituting any Nursery school to determine whether or
not this use is appropriate and /or needs to be reviewed
by the City. This approval does not constitute
approval for a day care center.
d. Within 1 month of this approval, whichever is sooner,
the applicant shall provide a letter to the Planning
Office from the Housing Authority which documents their
approval of the form of the deed restriction for the
second floor dwelling unit. If the form of the deed
restriction is inadequate, then it shall be amended to
the satisfaction of the Housing Authority. The
original deed restriction was part of the October 10,
1978, plan approval.
EXHIBIT 1
46J
:Z
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734 W MAIN
6.I I I I IJ 1 11 i I I I I I A I ja
C
RONALD GARFIELD*
ANDREW V. HECHT **
WILLIAM K. GUEST, P.C. '"
ROBERT E. KENDIG
JANE ELLEN HAMILTON
•.ISO admlaW m
New York Bar
••also aderflw m
Diaries of Colombia Bar
• ° al also admir m
Nebmka and Texu Bar
March 16, 1988
Mr. Steve Burstein
Aspen /Pitkin Planning Office
130 So. Galena Street
Aspen, CO 81611
RE: 734 West Main Street, Aspen, Colorado
Dear Steve:
TELEPHONE
(303) 925 -1936
TELECOPIER
(303) 925 -3008
CABLE ADDRESS
"GARHEC"
�
Enclosed is an Application submitted by the Christian
Science Society, Aspen /Snowmass, Inc. requesting conditional use
approval for the use of the property located at 734 West Main
Street as a church and attendant bookstore. In conjunction with
this Application, we have included:
1. Application.
2. Six (6) copies of a site plan.
3. A check for $760.00 payable to the City of Aspen.
4. A list of all property owners located within 300 feet
of the property.
5. Stamped envelopes addressed to adjacent property
owners will be provided as soon as a date is supplied to us for
postage metering purposes.
Should you have any questions regarding this Application,
please do not hesitate to contact us.
Sincerely,
GARF IELD & HECHT, P.C.
J en Hamilton
GARFIELD & HFCHT, P.C.
ATTORNEYS AT LAW
VICTORIAN SQUARE BUILDING
601 EAST HYMAN AVENUE
ASPEN, COLORADO 81611
JEH /cc
Enclosures
I. INTRODUCTION
The Christian Science Society, Aspen / Snowmass, Inc.
( "Applicant ") respectfully requests that conditional use approval
be granted Applicant pursuant to Section 24 -3.3 of the Municipal
Code of the City of Aspen (the "Code ") allowing Applicant to use
the property it owns located at 734 West Main Street, Aspen (Lots
K and L, Block 18, City and Townsite of Aspen) (the "Property ")
as a church and attendant bookstore. The Property is located in
the "O" (Office) Zone. By Ordinance #55, Series of 1987, the
City of Aspen amended the Code to add churches as a conditional
use for designated historic landmarks in the "O" Zone. Pursuant
to Section 24 -3.3 of the Code, bookstores are allowed as
conditional uses in the "O" Zone.
II. BACKGROUND.
The Christian Science Society of Aspen and Snowmass has
existed in the community for many years. The church has a small
membership; there have never been more than nine (9) members in
the church during the last fifteen (15) years. The church holds
its regular meetings on Sunday evenings at 5:30 p.m. and holds
evening services every 2nd and 4th Wednesday of the month at 5:30
p.m. All Christian Science churches have "reading rooms" which
are part of the church. In some cases, the reading rooms are
located in a different building than the church and in come cases
they are located within the actual church building. The
Applicant wishes to have its reading room located in the church.
Reading rooms are bookstores which also contain an area reserved
for people to read their daily Bible lesson in peace. The
Applicant anticipates keeping its bookstore open for one to two
afternoon hours per week.
The Property was recently donated to the Applicant for use
as a church. The Property contains a designated historic
structure comprised of approximately 2,545 square feet (536
square feet of which is located sub - grade). The size of the
Property is 6,000 square feet. As the allowable F.A.R. is .75 to
1, the .33 F.A.R. currently existing on the Property is far below
what could be built on the Property. Applicant has no plans to
alter or enlarge the structure on the Property with the exception
of the possible addition of a screen or sliding door inside the
building between the main church area and a nursery school or
Sunday school, should there ever be a need for a nursery or
Sunday school.
III. CRITERIA FOR CONDITIONAL USE APPROVAL
Section 24 -3.3 of the Code states, in part: "In considering
the suitability of the conditional use, the commission shall
determine:
(1) Whether the proposed use otherwise complies with
all requirements imposed by the zoning code;
-2-
(2) Whether the proposed use is consistent with the
objectives and purposes of this zoning code and the
applicable zone district; and
(3) If the proposed use is designed to be compatible
with surrounding land uses and uses in the area."
A. COMPLIANCE WITH THE ZONING CODE
The proposed use of the Property as a church and bookstore
complies with all the requirements of the zoning provisions of
the Code, including area and bulk requirements, use square
footage limitations and off - street parking requirements. This
Application for approval of a conditional use is not subject to
the provisions of Article XI, Growth Management Quota System
( "GMQS "), Section 24 -11.1 of the Code, because this Application
does not involve the construction of any commercial or office
space in the "O" Zone and thus is exempt from the GMQS pursuant
to Section 24- 11.2(i) of the Code.
1. Area and Bulk Requirements
As discussed above, the Property consists of 6,000 square
feet, the minimum lot area required in the "O" Zone. The lot
width is 60 feet, as required by the Code and the front yard,
side yard and rear yard setbacks (approximately 21.90 feet, 10.03
feet and 19 feet, respectively) all exceed those required by the
-3-
Code. The allowable F.A.R. in the "O" Zone is .75:1. The
Property, as currently developed, has an F.A.R. of .33:1. The
Applicant has no plans to add to the structure in the immediate
future.
2. Use Square Footage Limitations
Section 24 -3.6 of the Code restricts all permitted and
conditional commercial businesses to a maximum gross floor area.
As a church is not technically a commercial use, nor has it been
listed in Section 24 -3.6 in any category limiting its maximum
gross floor area, the limations would apply only to that portion
of the structure intended for use by Applicant as a bookstore.
Section 24- 3.6(a) states that a bookstore may not exceed 3,000
square feet in gross floor area. The structure located on the
Property, only part of which Applicant intends to use as a
bookstore, is comprised of 2,009 square feet of commercial space
and 536 square feet of sub -grade storage and mechanical space.
Therefore, the applicable maximum gross floor area limitations of
Section 24 -3.6 of the Code will be complied with following
approval of Applicant's conditional use application.
3. Off - Street Parking Requirements
Article IV of the zoning regulations of the Code establish
provisions related to off - street parking. Section 24 -4.5 of the
Code states that three (3) parking spaces must be provided for
-4-
every 1,000 square feet. The Code also states in Section
24- 4.5(b) that when any calcluation results in a required
fractional space, such fraction shall be rounded off to the next
higher number of spaces of one -half or greater, but shall be
ignored if less than one -half space. With 2,009 square feet of
commercial space, the off - street parking requirements equal 6.027
parking spaces. Thus, according to Section 24- 4.5(b), only six
(6) parking spaces are required to be provided by the Applicant.
There is currently a gravel parking lot in the rear of the
building which will accommodate six (6) parking spaces of the
dimensions required by Section 24 -4.2 of the Code, thus
satisfying the requirements of the Code.
Applicant's deed to the Property, attached hereto as Exhibit
A, provides for a permanent, perpetual, non - exclusive easement
over Lot M (the Hickory House property on which a driveway is
built) for the purpose of ingress and egress to the Property.
B. CONSISTENCY OF PROPOSED USE WITH THE ZONING CODE AND
"O" ZONE DISTRICT
The objectives and purposes of the Zoning Code of the City
of Aspen are designed to provide for orderly and sensible uses of
land and to protect the environment and protect areas of
historical importance. The Applicant's proposed use of the
Property as a church and bookstore is consistent with the intent
-5-
of the Zoning Code for the proposed use will help preserve a
designated historic structure. The Applicant's proposed use of
the Property is a less intensive use than the antique store
previously located in the structure on the Property for the
antique store had large numbers of customers using the premises
from 10:00 a.m. to 6:00 p.m. Monday through Saturday. The
proposed use of the Property will entail usage of the historical
structure on the Property of only three to four hours per week.
Furthermore, Applicant's proposed use of the Property will not
entail any structural changes to the building on the Property,
either exterior or interior, with the possible exception of the
room divider discussed above. Thus, Applicant's proposed use is
consistent with the Zoning Code purpose of preserving
historically important areas.
The Property is located in the "O" Zone district and
Applicant's proposed use of the Property is consistent with the
objectives and purposes of such zone district. The "O" (Office)
Zone is, according to Section 24 -3.2 of the Code, intended "to
provide for the establishment of offices and associated
commercial uses in such a way as to preserve the visual scale of
formerly residential areas that now are adjacent to commercial
and business areas and along Main Street and other high volume
thoroughfares." A mix of uses, including residences, offices,
lodges and a variety of generally low intensity retail commercial
uses occur in the "0" Zone in both historic structures and
adjacent non - historic structures. A church is compatible with
both the residential and commercial uses in the zone district,
which fact was recognized by the City Council when it enacted
Ordinance #55, permitting churches in the "O" Zone as a
conditional use.
The Applicant's proposed use of the Property will not
negatively impact the visual character or use intensity of Main
Street and by virtue of its low key nature will help preserve and
maintain the Applicant's historic structure. Although a large
church might generate some of the same concerns as a commercial
use, such as traffic generation, parking demand and noise
generation, by virtue of having such an historically small
congregation, Applicant's use of the Property as a church will
not generate these concerns. As noted above, Applicant will
provide more than adequate parking on -site. The Property is
located along the main Roaring Fork Transit Authority bus lines
and there is a bus stop on Bleeker Street, one -half block from
the Property, making it possible for church members to ride the
bus rather than drive to church services. Given the small number
of members of the church, both traffic and noise generation will
be minimal. The Applicant anticipates replacing the old
Sorensen's Antiques sign with a similar, low key sign of its own.
Traffic impacts on Highway 82 of Applicant's proposed use
were discussed with Bob Moston, District Engineer, of the
Colorado Department of Highways. Given the nature of the former
-7-
use of the Property and the size of the congregation in question
as well as the times scheduled for church meetings, Mr. Moston
did not believe there would be any adverse impacts on Highway 82.
C. COMPATIBILITY WITH SURROUNDING USES
As noted above, the "O" Zone includes uses which are both
residential and commercial in nature. In fact, the "O" Zone
serves as a transition zone between the commercial zone districts
and the residential zone districts in the City of Aspen.
Churches are permitted uses in the commercial zone districts (CC,
C -1, CL and C) and are conditional uses in the residential zone
districts (R -6, R -15, R -15A, R -30, R -40, R -M /F and RR) in the
City. There are currently churches located in both commercial
and residential zones in Aspen. Therefore, a church would be
compatible in an area comprised of both commercial and
residential uses. Because the Applicant's proposed use of the
Property will not conflict with the Hickory House's main business
times (ie: breakfast and lunch), Applicant's proposed use of the
property will be compatible with the Hickory House. The owners
of the Hickory House have represented to Applicant they believe
the two uses will be compatible. The Property is separated from
nearby residences by an alley which thereby creates a buffer
between the Property and those residences. Finally, Applicant's
proposed use of the Property will further the objectives of the
Aspen Area Comprehensive Plan: Historic Preservation Element by
providing an adaptive reuse of a low intensive nature for a
designated historic structure.
IV. CONCLUSION
Therefore, because Applicant's request for conditional use
approval to operate a church and bookstore on the Property meets
the criteria set forth in Section 24 -3.3 of the Code, Applicant
respectfully requests approval of its Application.
The Christian Science Society of Aspen /Snowmass, Inc.
consents to and respectfully submits its application for
conditional use approval for the location of a church and
bookstore at 734 West Main Street, Aspen, Colorado.
Rawlins, President
Christian Society of
Aspen /Snowmass, Inc.
-r,
Owners of property within 300 feet of Lots K and L, Block
18, City and Townsite of Aspen, Colorado.
Block 11. Aspen Villas Condominiums
A -1 Venture
P.O. Box 3104
Aspen, CO 81612
Harley W. McConnell
9818 Shadowood
Houston, TX
Michael J. and Isabel Herron
P.O. Box 3092
Aspen, CO 81612
John G. Lewis and Jacqueline L. Larner
1952 Leyden Street
Denver, CO 80220
Karen and Kenneth T. Kurtz
c/o Braker Custom Cabinetry, Inc.
R.R. #6, Rt. 59
Joliet, IL 60435
Gerald Douglas Hosier
1780 Ridge Road
Highland Park, IL 60035
Gary R. Lichtenwalter
P.O. Box 1828
Aspen, CO 81612
Rebecca and Alejandro Topelson
5300 DTC Parkway, #400
Englewood, CO 80111
Lynn and Robert Young
c/o Hamberger Trust
1601 Sheely
Ft. Collins, CO 80526
Central Steel Fabrications, Inc.
15 Spinning Road, Suite 318
Hinsdale, IL 60521
Karen W. and William H. Schaffer
141 McGuire Cove
Clariesdale, MO 38614
Dona Stuart
P.O. Box 11733
Aspen, CO 81612
Ameneh Fatahi
P.O. Box 8080
Aspen, CO 81612
Albert Kern
c/o Velmar Corporation
430 East Hyman Avenue
Aspen, CO 81611
Rusten, Igor and Elfriede I. Gamov
9 Canon Park
Boulder, CO 80302
Paul J. and Bonita J. Murry
and Kerry Hicks
13537 Larkin Drive
Minnetonka, MN 55343
Lynn Lichtenwalter
P.O. Box 1828
Aspen, CO 81612
Terry S. Hoggatt
85 Dream Court
Metairie, LA 70001
Klaus F. Obermeyer
P.O. Box 130
Aspen, CO 81612
Robert C. Getty
706 Miramar Road, #206
San Diego, CA 92121
Nicholas and Carolyn Maier Pullos
28101 Sheridan Place
Evanston, IL 60201
Mary Ann Waters
Rt. 2, Woodrock Road
Barrington, IL 60010
Gary E. Copeland
P.O. Box 1835
Aspen, CO 81612
Jose and Sara T. Grinberg
Sierra Mazapil, #135
Coul. Lomas De Chapultepec
11000 Mexico, D.F. Mexico
Sammuel and Susana Stern Eichner
c/o Suzanne S. Vernon
P.O. Box 9704
Aspen, CO 81612
-2-
Block 12
Herbert and Marsha Klein
201 No. Mill Street, Suite 203
Aspen, CO 81611
Erwin P. Knirlberger
801 West Sleeker
Aspen, CO 81611
Richard E. and Lois N. Long
P.O. Box 1314
Aspen, CO 81612
Block 13
Eleanor Berger Bealmer
P.O. Box 632
Aspen, CO 81612
Block 17, Victoria Square Subdivision
C.M. Clark
P.O. Box 566
Aspen, CO 81612
Block 18
Charles Dolan
170 Sandy Pond Road
Lincoln, MA 01773
Nancy Jane Mangham
5401 Byers
Ft. Worth, TX 76107
Graeme Means
P.O. Box 4956
Aspen, CO 81612
Nancy W. Tate and Charles L. Hall
P.O. Box 9527
Aspen, CO 81612
Eleanor and W. Everitt Biggs
7820 Kara Lane
Knoxville, TN 37919
American Cellular Corp.
7115 Macapa Drive
Los Angeles, CA 90068
Alfred A. and Renate I. Braun
702 West Main Street
Aspen, CO 81611
-3-
Block 19
Seventh and Main Venture
215 South Monarch, Suite 103
Aspen, CO 81611
Main Street Block 19 Associates
c/o Olmstead,
Lossler Road, Flagstaff Star Route
Boulder, CO 80302
J. Robert Weien
P.O. Box 3506
Aspen, CO 81612
Lois N. Lackey
P.O. Box 944
Tularosa, NM 88352
James Peter Lorier
145 Lincoln Ave., Apt. 5 -R
Staten Island, NY 10306
Lots O and P. Scandia Townhomes
Lois A. Butterbaugh
P.O. Box 10951
Aspen, CO 81612
Lynn and Robert Piper
3415 Morrison T, N.W.
Washington, D.C. 20015
Kingsbury Pitcher and Charity
Jane Pitcher Trust
P.O. Box 2287
Santa Fe, NM 87504
Terry End
700 Gillespie Street
Aspen, CO 81611
Stephen Barnett
P.O. Box 10700
Aspen, CO 81612
Lots Q, R and S, 700 West Hopkins Condos
Betsey M. Reid
59 Fallon Drive
North Haven, CT 06473
Marcia A. Southwick
2915 So. 29th Street
Lincoln, NE 68502
-4-
Joan F. Dabideen
1363 Kra Nur Drive
Burton, MI 48509
John W. Taylor
P.O. Box 121
Hartland, WI 53201
Durand B. Blatz
1233 Panorama Drive
Carbondale, CO 81623
Christine, Robert and Norma Lester
P.O. Box 9696
Aspen, CO 81612
Peter J. Banting
P.O. Box 2455
Aspen, CO 81612
Cheryl Barker
100 East Main Street
Aspen, CO 81611
Edwin Compton
0100 Lone Pine Drive
Aspen, CO 81611
Ted Lenio
P.O. Box 9854
Aspen, CO 81612
Suzanne and Brian O'Neil
P.O. Box 40 -3577
Miami Beach, FL 33140
Regge R. and Joe H. Emery
P.O. Box 3201
Aspen, CO 81612
Marie Case
3857 Birch
Newport Beach, CA 92660
Merle and Ellen Jabbin
P.O. Box 9724
Aspen, CO 81612
Edgar F. Barber
P.O. Box 9678
Aspen, CO 81612
-5-
Block 24
Elizabeth S. and David Kruidenie
3409 Southern Hills Drive
Des Moines, IA 50321
Lots K and L. Little Victorian Condos.
Allison and John B. Burke
P.O. Box 2041
Aspen, CO 81612
Burton D. Olshan
5408 Old Leeds Road
Birmingham, AL 35210
Mary E. Hayes
209 East Sleeker
Aspen, CO 81611
Joseph A., Joseph L. and Josephine Halcom
P.O. Box 11975
Aspen, CO 81612
Block 25
I.F. Associates
c/o Shlomo Property
P.O. Box 4978
Aspen, CO 81612
Ronald H. Jacobs
c/o Robert Throm Real Estate
418 East Cooper Street
Aspen, CO 81611
a
Reception No_r'. ------- - --/". R er.
THIS DEED Made this l st
19 ,between MARY M. WEBSTER
SPECIAL WARRANTY DEED
daSof October
of the
County of Pitkin and State of Colo-
" radio of the first part. and CHRISTIAIP SCIENCE S ?CIETY, ASPEF/
}� nonT i
a
O a core r ion
Z 1— Z SNOWN.ASS, INC. organized and
LU LU "✓ existing under and by virtue of the laws of the State of Colorado
d
Cn 2 cr
of the second part: whose legal address is 11 uj , r \Ct t
c f)iwe�?, CO 211011 /
RECORDER'S STAMP
AIM
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d d WITNESSETH, That the said part y of the first part, for and in consideration of the sum of
f w ^ a gift made without consideration ----------------------------------------
I..1 --- _lfih La¢d. paid bllh�shld IIart1BT..LI1YSCCpDd DBLl.111f'JYftJIItYibCrPl]iJL
LL, and . hi granted, bargained, sold and conveyed, and be these presents does
,
grant, bargain, sell, convey and conftrro, unto the said party of the second part. its successors and assigns forever,
all of the following described lot or parcel of land, situate, hying and being in the
County of Pitkin and State of Colorado, to wit:
Lots K and L,
Block 18
CITY AND TOWNSITE OF ASPEN.
Pursuant to the conditional use approval granted for the subject property by the
City of Aspen Planning b Zoning Commission on October 10, 1978, the subject proper-
ty shall be burdened by a deed covenant restricting the use for residential pur-
poses of the second story of the improvements thereon as follows: "The second
floor shall be used for residential purposes under the moderate cost housing
requirements of the City of Aspen pursuant to its adopted plan therefor." The
foregoing covenant shall be for the benefit of the City of Aspen and not the
grantor herein, and shall be in full force and effect until subsequently removed or
altered by agreement of the grantee her heirs, grantees and assigns, and the City
also known as street and number *of Aspen, or any successor thereto; (continued on reverse
*734 W. Main Street, Aspen, CO 81611 side)
TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging or in anywise
appertaining, and the reversion and reversion=_. remainder and remainders. rents, issues and profits thereof: and all
the estate, right, title, interest, cis•,rr and demand whatsoever of the said part y of the first part, either in law or
equity, of, in and to the above bargained premises, with the hereditaments and appurtenances.
TO HAN E ANDTO HOLD the said premises al bargained and described, with the appurtenances, unto the said
party of the second part, its successor and assigns forever. And the said part of the first part, for
bersel f heirs, executors. and administrators, do es covenant, grant, bargain and agree to and with
the said party of the second part, its successors and assigns, that at the time of the ensealing and delivery of
these presents, she is well seized of the premises above conveyed, as of good, sure, perfect, absolute and
indefeasible estate of inheritance. in law, in fee simple, and ha good right, full power and lawful authority to grant.
bargain, sell and convey the same in manner and fern: as aforesaid. and that the same are free and clear from all
former and other grants, bargains, sales. liens, taxes, assessments and encumbrances of whatever kind or nature
soeyer.except real property taxes for 1987, thereafter payable in 1988 and there-
after; and SUBJECT TO reservations and exceptions as contained in United States
Patent of record; and terms, provisions, burdens and obligations as contained in
Ordinance 1 No. 60, (Series of 11 1 ,, 976) in Record Recor Proceedings • 1 re c orded in Book 321 at
tittE
P tl>5• 1 8t , c�F ��a e q,�i'LQt Y itY }fie � fLf� porstksi�rR sXtfi - par . S'r the second part. its
successor and assigns, against all and every person or persons lawfully claiming m to claim the whole or any part
thereof. the said part, ofthe first part shall and will WARRANT AND FOREVER DEFEND.against all and an_c
IN N7TNESS WHEREOF, The said par t. of the first pay t ha s hereunto set her hantpersons claiming
and seal the day and year first above written. by Or through her.
Signed, Sealed and Delivered in the presence of I l!� - '� I SEAL)
? 1:. 'eb4ter
19 1 __ Mary 11 'Websi /�'l� ^�
i6e ise} ptt'es ///
G oU 1Nr
WITNESS in hand and official s /�
1
f,. �� 1
••• sTA7 F COLORADO.
Y 1.6-Lti ♦ i County of Pitkin } s.
SEAL)
STATE DDCUMENTARY FEE !
---- -- - -- - -- ' ISEALI
(�Ci 1 198 I
was acknowledged before me ihu 1 da) of October
w ARR AST1 IIt F! 1. TAIA AIR I.I IRAI 1; 1% te, Ynom, r.ah a 16 o1
a'.dlmd Pnt L. hm, G'•w bit A,, L.Lr. o.,d C obk_: I -p,.$ Ipv(N
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,,. 547 PA5 344
TOGETHER WITH a permanent and perpetual non - exclusive easement for
the benefit of the subject property and Lot M lying immediately
easterly thereof across the driveway and road cut on the property
last above described, all as such.driveway and road cut presently
existing in place. .Said easement shall permit access to the subject
property for all purposes, including ingress and egress by the
grantee, her agents, invitees and guests, heirs and grantees; and
also together with an exclusive easement, permanent and perpetual in
nature, over the westerly two (2') feet of Lot M in Block 18 for the
benefit of the property which is the subject hereof for purposes of
the maintenance and use of the parking lot currently existing in
place on the said Lots K and L in Block 18.
Party of the first part reserves the right to store her items of
personal property in the "old" basement of the subject property until
such time as she shall remove the same, no later than October 1,
1989, and the right to keep all furnishings in residential apartment
and on the main floor of the subject property until she shall remove
the same, but no later than October 1, 1989.