HomeMy WebLinkAboutcoa.lu.tu.415 E Hyman Ave.0066.2011.ASLU THE CITY OF ASPEN
City of Aspen Community Development Department
CASE NUMBER 0066.2011.ASLU
S PARCEL ID NUMBERS 11 �$ 2 6 tU
PROJECTS ADDRESS 415 E. HYMAN AVE
PLANNER CHRIS BENDON
CASE DESCRIPTION TEMP USE EXTENTION
REPRESENTATIVE ROSS KRIBBS
DATE OF FINAL ACTION 12.12.11
CLOSED BY ANGELA SCOREY ON: 12.29.11
• "111111123
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Routrng Status Fees I Fee Summary Main Actions Attachments Routing history Yakmation A/d /Eng Custom Fields Sub Permits Parcels
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Pest type aslu Aspen Lane Use Pernd # 0066.2011.ASLU
Address 415 E HYMAN Apt /Sure I
8 (t ASPEN *CO I tip 81611
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x Permit information
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Project Status pending Approved I
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N Description APPLICATION TO RENEW A TEMPOARY USE PERMIT FOR THE NUGGET GALLERY Issued
415 E. HYMAN — spotted valor l `Y11VU 14.- ClosedJFinal
Submitted ROSS KRIBBS 970 379 5220 Cock Running Days 0 ExOres 10n 2f2012
Submitted via
I Owner
Last name YRNALD ERNST R & LAC First name 1265 MOUNTAIN VIEW DR
ASPEN CO 81611
Phone () Address
Applicant
It 0 Owner is applicant? () Contractor is applicant?
Last name NUGGET MEDIA, INC Frst name ROSS KRIBES PO BOX 8761
• ASPEN CO 81611
Phone (970) 379.5220 Cust # 29038 Address
Lender
Last name First name 1
Phone ( ) - Address
1
Displays the permit lender's address AspenGold5 (serves) angelas -1 of 1
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VIII P121
MEMORANDUM
TO: Mayor Ireland and City Council
FROM: Chris Bendon, Community Development Director
RE: Nugget Gallery Temporary Use Permit — Public Hearing
Resolution No. $2, Series of 2011.
DATE: December 12, 2011
LAND USE REQUEST: APPLICANT:
The Applicant is requesting an F &M Ventures, LLC; Ernie Fyrwald, principal.
extension to an existing Temporary Use Horseshoe Holdings, LLC; Bruce Carlson and
Permit for the Nugget Gallery located Greg Jurgenson, principals.
in a common area of a commercial
building at 415 East Hyman Avenue. REPRESENTATIVE:
Ross Kribbs, Nugget Gallery
STAFF RECOMMENDATION:
Approval, with conditions. &ENT S . .
LOCATION: 3
415 East Hyman Avenue (on the ' A t e
Hyman Mall). {{ I
Ot 11:
LEGAL DESCRIPTION: , 8 `
Condominium Units 1 -16, Roaring �� . ' '" ..
Fork Condominiums, according to the - .1
Map thereof filed for record January 31,
1973 in Plat Book 4 at Page 355.
SUMMARY:
Ross Kribbs is applying to extend the temporary use permit to continue operating the
Nugget Gallery in the lobby space of a downtown commercial building. The building is
415 East Hyman Avenue, on the mall, and houses Morris and Fyrwald Real Estate and
several other offices upstairs.
The creation of new commercial space in the City requires provision of housing and other
mitigations, which can be cost - prohibitive. The mitigation is based on "net leasable area"
and does not count common hallways, lobbies, and similar common areas of commercial
buildings that are not typically rented to an individual business.
The lobby space of this building is not considered net leaseable area. Merely hanging the
pictures with information about the artists does not render the hallway a commercial
space. The active operation of the space requires the space be approved as net leasable
y
P122 0
area. Approving this Temporary Use permit will enable this business to continue
operation without providing the mitigations.
The Nugget Gallery has complied with last year's approval and Mr. Kribbs has been
diligent about obtaining signage approvals. Staff did receive some unofficial opinions
from local business owners related to mitigation waivers. Staff did not receive any
complaints or criticism about the gallery itself or the operation. Staff does agree with the
applicant that the gallery has improved what was previously a stagnant space. Businesses
that rely on this lobby have provided their support to the application.
City Council approved this last year with an understanding that this was an experiment of
sorts that may lead to relaxed code requirements for these types of spaces. Council also
was clear with the applicant that subsequent temporary use approvals may not be granted.
There was some debate last year about the gallery's use of a sandwich board as the sign
code was in flux. The gallery was not granted a year -round sandwich board but was
allowed to obtain the one -week permits like any other retail establishment. The applicant
is requesting the use of a sandwich board year - round. The request appears to meet the
standards although Council can establish any limitation or allowance considered
appropriate through the temporary use permit. This item will need some discussion.
Mr. Kribbs has also represented that the artwork will be primarily the work of local
artists. This was an important element of the proposal last year and staff has included this
representation in the draft resolution.
Staff believes all criteria are met. Direction on the use of a sandwich board is needed.
Staff recommends the Temporary Use Permit be granted.
RECOMMENDATION:
Staff is recommending approval, with conditions.
RECOMMENDED MOTION:
"I move to approve Resolution No. 1 0- 1 , Series of 2011, approving a temporary use permit
for the Nugget Gallery."
CITY MANAGER COMMENTS:
ATTACHMENTS:
Resolution No. , Series 2011.
A — Application
a
P123
RESOLUTION NO. t3oZ.+
(Series of 2011)
A RESOLUTION OF THE ASPEN CITY COUNCIL GRANTING A
TEMPORARY USE PERMIT EXTENSION TO OPERATE "THE NUGGET
GALLERY," AN ART GALLERY LOCATED WITHIN A COMMON LOBBY OF A
COMMERCIAL BUILDING AT 415 EAST HYMAN AVENUE, ASPEN, COLORADO.
Parcel ID: 2737-182-16-801
4
WHEREAS, pursuant to Section 26.450 of the Aspen Municipal Code, the Applicant,
The Nugget Gallery, represented by Ross Kribbs, has submitted an application for a Temporary
Use Permit extension to continue operating an art gallery in the lobby of a commercial building
located at 415 East Hyman Avenue; and,
WHEREAS, the property is known as the Roaring Fork Condominiums and is owned by
F &M Ventures, LLC; Ernie Fyrwald, principal, and Horseshoe Holdings, LLC; Bruce Carlson
and Greg Jurgenson, principals.
WHEREAS, the City did not receive complaints about the business or operation in the
prior temporary permit period; and,
WHEREAS, the Community Development Department has reviewed the temporary use
application and recommends that the City Council approve the temporary use permit; and,
WHEREAS, the Aspen City Council has reviewed and considered the temporary use
request under the applicable provisions of the Municipal Code as identified herein, has reviewed
and considered the recommendation of the Community Development Director, the applicable
referral agencies, and has taken and considered public comment at a public hearing; and,
WHEREAS, City Council finds that the proposed temporary use is consistent with the
character and existing land uses of the surrounding parcels and neighborhood and that granting
the temporary use permit will not adversely impact the community or the neighborhood; and,
WHEREAS, the City Council finds that the temporary use request meets or exceeds all
applicable development standards and that the approval of the proposal, with conditions, is
consistent with the goals and elements of the Aspen Area Community Plan; and,
WHEREAS, the City Council finds that this Resolution furthers and is necessary for the
promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ASPEN,
COLORADO, THAT: � �ti i t
1 �
Section 1: Temporary Use
In accordance with Section 26.450.020 of the Aspen Municipal Code, the City Council of the
City of Aspen, Colorado, does hereby grant the Nugget Gallery a temporary use permit to operate
Resolution No. , Series 2011. Page 1
P124 0 0
an art gallery in the lobby of 415 East Hyman Avenue, the Roaring Fork Condominiums, from
the passage of this resolution through January 2013, subject to the conditions listed herein.
Subsequent operation shall require an additional temporary use permit or compliance with the
Land Use Code.
Section 2: Approval Conditions
I. As represented by the applicant, the artwork shall be predominantly the work of local
artists.
\Il` ..2. All signage shall comply with the City of Aspen sign code regulations. Use of a
sandwich board sign is permitted year- round.
or
2. All signage shall comply with the City of Aspen sign code regulations. Use of a
sandwich board sign is permitted for up to 8 one -week periods.
or
2. All signage shall comply with the City of Aspen sign code regulations. Use of a
sandwich board sign is not permitted.
Section 3: Severability
This Resolution shall not affect any existing litigation and shall not operate as an abatement of any
action or proceeding now pending under or by virtue of the ordinances repealed or amended as
herein provided, and the same shall be construed and concluded under such prior ordinances.
If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason
held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and shall not affect the validity of the remaining
portions thereof.
FINALLY, Adopted, Passed, and Approved on this 6 day of December, 2010, at a duly noticed
public hearing before City Council.
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
John Worcester, City Attorney
Michael C. Ireland, Mayor
ATTEST:
Kathryn S. Koch, City Clerk (k et
Resolution No. _, Series 2011. Page 2
.,.
THE CITY OF ASPEN
Land Use
Determination of Completeness
Date: October 24, 2011
Dear City of Aspen Land Use Review Applicant,
We have received your land use application and reviewed it for completeness. The case number
and name assigned to this property is 0066.2011.ASLU —The Nugget Gallery. The planner
assigned to this case is Chris Bendon.
❑ Your Land Use Application is incomplete:
We found that the application needs additional items to be submitted for it to be deemed
complete and for us 'to begin reviewing it. We need the following additional submission
contents for you application:
Please submit the aforementioned missing submission items so that we may begin reviewing
your application. No review hearings will be scheduled until all of the submission contents listed
above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the
land use application.
% Your Land Use Application is complete:
If there are not missing items listed above, then your application has been deemed complete
to begin the land use review process.
Other submission items may be requested throughout the review process as deemed necessary by
the Community Development Department. Please contact me at 429 -2759 if you have any
questions.
Th.... You,
■
.W
• nnifer Ph:"! Deputy Director
City of Aspen, Community Development Department
For Office Use Only: Qualifying Applications:
Mineral Rights Notice Required SPA PUD COWOP_
Yes No Subdivision (creating more than 1 additional lot)
GMQS Allotments Residential Affordable Housing
Yes No Commercial E.P.F.
Chits �^ ^
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY:
4/S Er be "4-rte- , Aspen, CO
SCHEDULED PUBLIC HEARING DATE:
monk, 1 Dee a 12,, I 2 , 20 / /
STATE OF COLORADO )
) ss.
County of Pitkin )
1 S�� (name, please print)
being or repres ting an Applicant to the City of Aspen, Colorado, hereby personally
certify that I have complied with the public notice requirements of Section 26.304.060
(E) of the Aspen Land Use Code in the following manner:
v Publication of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fifteen (15)
days prior to the public hearing. A copy of the publication is attached hereto.
Posting of notice: By posting of notice, which form was obtained from the
Community Development Department, which was made of suitable, waterproof
materials, which was not less than twenty -two (22) inches wide and twenty -six
(26) inches high, and which was composed of letters not less than one inch in
height. Said notice was posted at least fifteen (15) days prior to the public hearing
and was continuously visible from the _ day of , 20, to
and including the date and time of the public hearing. A photograph of the posted
notice (sign) is attached hereto.
Mailing of notice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to
the public hearing, notice was hand delivered or mailed by first class postage
prepaid U.S. mail to all owners of property within three hundred (300) feet of the
property subject to the development application. The names and addresses of
property owners shall be those on the current tax records of Pitkin County as they
appeared no more than sixty (60) days prior to the date of the public hearing. A
copy of the owners and governmental agencies so noticed is attached hereto.
(Continued on next page)
i
Rezoning or text amendment: Whenever the official zoning district map is in
any way to be changed or amended incidental to or as part of a general revision
of this Title, or whenever the text of this Title is to be amended, whether such
revision be made by repeal of this Title and enactment of a new land use
regulation, or otherwise, the requirement of an accurate survey map or other
sufficient legal description of, and the notice to and listing of names and
addresses of owners of real property in the area of the proposed change shall be
waived. However, the proposed zoning map shall be available for public
inspection in the planning agency during all business hours for fifteen (15) days
prior to the public hearing on such amendments.
Signature 7
The foregoing "Affidavit of Notice" was acknowledged before me 2/ day
of Nrl ✓ , 20)f, by Sr-
ue "— T WITNESS MY HAND AND OFFICIAL SEAL
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, ATTACHMENTS AS APPLICABLE:
°f3 ` �� 1 PUBLICATION
CQ ."11- r. '" " H OF THE POSTED NOTICE (SIGN)
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��, # OWNERS AND GOVERNMENT AGENGIES NOTIED
- -' CERTICICATION OF MINERAL ESTATE OWNERS NOTICE
AS REQUIRED BY C.R.S. §24- 65.5 -103.3
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4 111
O
NUGGET GALLERY
A proposal for use of the 415 East Hyman Atrium
Applicant Ross Kribbs
Proposal in brief
This is a proposal by Aspen resident Ross Kribbs to renew a temporary use permit for a small photography
gallery, created from scratch from a previously under - utilized corridor /atrium space in the Roaring Fork
Building on the Hyman Avenue mall.
The creation of the gallery, promoted as "Nugget Gallery", involved no structural changes to the space,
and the building's owners continue to be fully supportive of the project. Since Council granted a temporary
use permit in December of 2010, the gallery has housed work by the applicant, Ross Kribbs, and a handful
of other local artists. It also hosted, in conjunction with the Aspen Writers Foundation, a special exhibit of
images from Afghanistan. The gallery and its shows have been well received by artists and gallery owners,
and residents and visitors alike.
RECEIVED
OCT 1 8 2011
CITY OF ASPEN
COMM DEVELOPMENT
NY GENT � O, � ; a � ;t
f ' sVI i s . , o 1_ U 1 *} ;, • . ' : t.
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Proposed location of Nugget Gallery '
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The Space
The Roaring Fork Building is located at 415 Hyman Avenue, on the Hyman Avenue mall. Its basement is
home to the soon -to -be Finnbarrs, and the 1st, 2nd, and 3rd floors are occupied primarily by Morris &
Fyrwald /Sotheby's International Realty. The top floor is a private residence owned by Dr. Bruce Carlson.
This building includes an odd 1st -floor atrium that runs from the front of the building to the rear alley, with
tall ceilings, skylights, exposed brick beams, and wood trusses. Until May of 2010, the space served as a
catch -all for discarded furniture and old rugs, and had been unused and overlooked for at least the last 8
years prior. The space is a vital circulation corridor, albeit a very wide one: almost 9 feet across. It accesses
the building's only elevator, and is the only access to the first floor restrooms in the rear of the building. The
useable square footage is approximately 300 sq. ft..
In May of 2010, I contacted the building owners about my idea. With their permissions, I repainted the
space and installed track lighting at my expense. My business license, however, was denied, and it took
seven months to establish a temporary use permit for the space, ultimately granted in December of 2010.
Since Janurary of 2011, Nugget Gallery has functioned as a viable gallery space. Even given its many
limitations (did I mention the unlocked door and lack of heat ?), the response to the new space has
been incredible. Quite literally EVERYONE who works in the building and passes through the space has
commented on the great new look, and is excited to see the project continue. That previously neglected
portion of the building is now an active and lively spot, with the potential for a little city revenue, too. I'm
doing my best to keep it viable.
Removed: 2 worn rugs, 4 large chairs, 2 fake trees, 1 large couch, 1 cocktail
table, 1 large coffee table, 1 aging fluorescent light fixture
Improved: egress, brightness & natural light, tenant mood, community spirit
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The Business Plan
In it's first year, Nugget Gallery functioned successfully (if not so profitably) as a retail space. Changing
ownership and new construction on the building's facade have proved challenging, but we've slowly put
our hidden location on the map. Business hours remain a work in progress, but will generally be 5 -days a
week during high seasons, and weekends only during the off- seasons.
All supporting work -- framing, printing, etcetera — has been completed at my residence in Hunter Creek
Condominiums. There is no secure storage or back -of -house space associated with the property, but good
will and good kharma have sufficed.
The gallery has shown my own work, as well as that of other local artists, primarily photographers. A
locals -only show featuring 11 photographers from the valley is scheduled for November 11th. The only
non -local show this year was a collaboration with the Aspen Writers' Foundation with a show of images
from Afghanistan. The response was very enthusiastic, and we hope to continue to work together with other
local organizations to display powerful and challenging work when the opportunity arises. (These exhibits
aren't exactly money- makers.)
M C ""'
Signage
There was some confusion regarding signage in last years' application. In the seven months that it
took to arrange for the gallery's temporary permit to be approved, the sign code was completely
re- written, and a fundamental component to my viability as a business was then missing. In this
application, assuming the code remains unchanged, I am requesting the use of an A -frame sign,
consistent with the sign code section 26.510.130.d :
Locations [for A -frame signs] were selected using the following criteria:
a Business has no portion of a storefront that is parallel to the public right of way
b Business is provided access through a common entryway that is not
exclusively used for the said business OR
c Business has a storefront that is obscured by another building or
portion thereof on the same lot i.e. interior courtyard
Nugget Gallery appears to qualify under both B & C. I'm more than happy to discuss combining
signage with my neighbors, and have suggested this during discussions with city officials. I'm
committed to not - too -messy vitality, but the difference in traffic with and without a sign on the
mall is very significant, and has a fundamental impact on the viability of this business.
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Precedent
The Aspen City Council often discusses downtown vitality, the need for a wide variety of retail options,
and the desire to promote the creative use of existing spaces without promoting new construction. This
proposal fits those criteria like a glove, and seems very consistent with the Aspen Area Community Plan.
Under current city code and current interpretation of that code, the creation of new retail space requires
affordable housing mitigation payments to be made by the building's owners. This is a reasonable request
when such spaces are versatile, lockable, and secure. This property is not. It has severe limitations —
pedestrian corridor, non - secure, limited square footage — and requiring mitigation payments from the
building's owners would render this project unfeasible. If required to make mitigation payments, the owners
would most likely construct enclosed spaces, and then rent to businesses or brokers that could afford the
high cost. The gallery options precludes that outcome and also eliminates the need for construction.
City Council has set a precedent of exempting mitigation payments based either on the location of the
space (retail shops facing the alley) or by the type of use (food vendors in interior atriums.) Indeed, under
the recently - enacted Ordinance 9b, the 415 East Hyman Atrium could be used to sell hot dogs, lattes, and
pancakes with no mitigation required. I'm a decent cook, but I'd rather make a living selling my art. I hope
we can work together to keep this gallery open, locally- focused, lively, and viable.
Thanks!
Current Work by Ross Kribbs
4 4/11111 OP
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C
October / , 2011
To Whom it May Concern:
In April of 2010, Ross Kribbs transformed our first floor corridor /atrium into "Nugget Gallery", repainting and
installing new lighting to create a unique space for art. Since receiving city approval through a temporary permit in
November of 2010, Nugget Gallery has functioned effectively as a showcase for his art and that of other,
predominantly local, artists. The owners of The Roaring Fork Building (415 East Hyman Avenue) support Mr.
Kribbs in his continued efforts to utilize this space in our building.
The owners of this building authorize Mr. Kribbs to act as our representative In his application for a renewal
of his Temporary Use Permit to utilize the space referred to above. We encourage the approval of this permit
and we look forward to the continued display of new artwork on our walls.
Mr. Kribbs may be contacted at:
Ross Kribbs
P.O. Box 8761
Aspen, CO 81612
970 - 379 -5220
ross@nuggetmedia.com
Thank you,
f ~�
Ernie ' wald ' esident
Roaring For Condominium Association
c/o F&M Ventures
415 East Hyman Avenue
Aspen, CO 81611
970- 925 -6060
RECEIVED
OCT 182011
CITY OF ASPEN
COMMUNm DEVELOPMENT
EXHIBIT "A"
LEGAL DESCRIPTION
CONDOMINIUM UNITS 1 THROUGH 16,
THE ROARING FORK CONDOMINIUMS, according to the Map thereof filed for record January 31, 1973 in Plat Book 4 at
Page 355, Second Amendment recorded November 1, 1990 in Plat Book 25 at Page 36 and Third Amendment recorded
September 2, 1999 in Plat Book 51 at Page 18 and as defined and described in the Condominium Dedaration for The
Roaring Fork Condominiums, recorded January 31, 1973 in Book 272 at Page 7 and First Amendment thereto recorded
September 3, 1999 as Reception No. 435221.
(PITKIN COUNTY ASSESSOR'S OFFICE SHOW SUBJECT AS 415 E. HYMAN AVE., ASPEN, CO)
•
SCHEDULE B - SECTION 1
REQUIREMENTS
THIS REPORT IS FURNISHED FOR INFORMATIONAL PURPOSES ONLY, IT IS NOT A CONTRACT TO ISSUE TITLE
INSURANCE AND SHALL NOT BE CONSTRUED AS SUCH. IN THE EVENT A PROPOSED INSURED IS NAMED THE
COMPANY HEREBY RESERVES THE RIGHT TO MAKE ADDITIONAL REQUIREMENTS AND /OR EXCEPTIONS AS
DEEMED NECESSARY. THE RECIPIENT OF THIS INFORMATIONAL REPORT HEREBY AGREES THAT THE
COMPANY HAS ISSUED THIS REPORT BY THEIR REQUEST AND ALTHOUGH WE BELIEVE ALL INFORMATION
CONTAINED HEREIN IS ACCURATE AND CORRECT, THE COMPANY SHALL NOT BE CHARGED WITH ANY
FINANCIAL LIABILITY SHOULD THAT PROVE TO BE INCORRECT AND THE COMPANY IS NOT OBLIGATED TO
ISSUE ANY POLICIES OF TITLE INSURANCE
•
SCHEDULE B SECTION 2
EXCEPTIONS
1. Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, any facts which a correct
survey and inspection of the premises would disclose and which are not shown by the public records.
4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter fumished, imposed by law
and not shown by the public records.
5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public
records or attaching subsequent to the effective date hereof but prior to the date the proposed insured
acquires of record for value the estate or interest or mortgage thereon covered by this Commitment.
6. Taxes due and payable; and any tax, special assessment, charge or lien imposed for water or sewer
service or for any other special taxing district.
7. Reservations and exceptions as set forth in the Deed from the City of Aspen recorded in Book 59 at Page
304 & 324 providing as follows: "That no title shall be hereby acquired to any mine of gold, silver, cinnabar
or copper or to any valid mining claim or possession held under existing laws ".
8. All ore and mineral bearing earth beneath the surface of subject property as granted by instrument
recorded October 24, 1891 in Book 105 at Page 216.
9. Easements, rights of way and all matters as disclosed on Plat of subject property recorded January 31,
1973 in Plat Book 4 at Page 355 and Second Amendment recorded November 1, 1990 in Plat Book 25 at
Page 36 and Third Amendment recorded September 2, 1999 in Plat Book 51 at Page 18.
10. Terms, conditions, provisions, obligations, easements, restrictions and assessments as set forth in the
Condominium Declaration for Roaring Fork Condominiums recorded January 31, 1973 in Book 272 at
Page 7 and First Amendment thereto recorded September 3, 1999 as Reception No. 435221, deleting
therefrom any restrictions indicating preference, limitation or discrimination based on race, color, religion,
sex, handicap, familial status or national origin.
11. Terms, conditions, provisions, obligations and all matters as set forth in the Articles of Incorporation of
Roaring Fork Condominium Association recorded January 29, 1973 in Book 271 at Page 857.
12. Terms, conditions, provisions and obligations as set forth in Agreement recorded January 31, 1973 in
Book 272 at Page 4.
13. Terms, conditions, provisions and obligations as set forth in Notice of Historic Designation recorded
January 13, 1975 in Book 295 at Page 515.
14. Terms, conditions, provisions and obligations as set forth in Variance Permit recorded November 4, 1983
in Book 454 at Page 970.
(Continued)
SCHEDULE B SECTION 2
EXCEPTIONS - (Continued)
15. Terms, conditions, provisions and obligations as set forth in Grant of Easement recorded September 9, 1985
in Book 494 at Page 603.
16. Terrns, conditions, provisions and obligations as set forth in Lease Agreement recorded October 20, 1989 in
Book 605 at Page 402.
17. Terms, conditions, provisions and obligations as set forth in Agreement recorded March 1, 1990 in Book 615
at Page 182.
18. Terms, conditions, provisions and obligations as set forth in Special Warranty Deed recorded November 12,
1999 as Reception No. 437727.
19. Terms, conditions, provisions and obligations as set forth in Agreement recorded February 25, 2005 as
Reception No. 507357.
20. Existing leases & tenancies.
21. Deed of Trust from: F & M VENTURES LLC
To the Public Trustee of the County of PITKIN
For the use of : WELLS FARGO BANK WEST, N.A.
Original Amount : $2,910,000.00
Dated : April 22, 2003
Recorded : April 23, 2003
Reception No. : 481792
Modification of Deed of Trust recorded July 8, 2008 as Reception No. 550808.
NOTE: THE ABOVE DEED OF TRUST AFFECTS UNITS 3 THROUGH 15.
22. Deed of Trust from: HORSESHOE HOLDINGS, LLC
To the Public Trustee of the County of PITKIN
For the use of : WELLS FARGO BANK
Original Amount : $1,100,000.00
Dated : September 27, 2007
Recorded : August 28, 2007
Reception No. : 542563
NOTE: THE ABOVE DEED OF TRUST AFFECT UNIT 16.
(Continued)
SCHEDULE B SECTION 2
EXCEPTIONS - (Continued)
23. Deed of Trust from: HORSESHOE HOLDINGS, LLC
To the Public Trustee of the County of PITKIN
For the use of : WELLS FARGO BANK
Original Amount : $90,000.00
Dated : June 11, 2009
Recorded : June 15, 2009
Reception No. : 559969
NOTE: THE ABOVE DEED OF TRUST AFFECT UNIT 16.
PROFORMA TITLE REPORT
SCHEDULE A
1. Effective Date: December 1, 2010 at 8:00 AM Case No. PCT23036P
2. Policy or Policies to be issued:
Proposed Insured:
PROFORMA
3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the
effective date hereof vested in:
BRUCE E. CARLSON TRUST UAD OCTOBER 15, 1992 AKA THE BEC TRUST UAD OCTOBER 15,
1992, AS TO UNITS 1 AND 2, F & M VENTURES, LLC, A COLORADO LIMITED LIABILITY COMPANY,
AS TO UNITS 3 THROUGH 15, HORSESHOE HOLDINGS, LLC, A COLORADO LIMITED LIABILITY
COMPANY, AS TO UNIT 16
4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is
described as follows:
See Attached Exhibit "A"
PITKIN COUNTY TITLE, INC.
601 E. HOPKINS, ASPEN, CO. 81611
970 - 925 -1768 Phone /970- 925 -6527 Fax
877-217-3158 Toll Free
AUTHORIZED AGENT
Countersigned:
.s V �
To Whom it May Concern:
1 have been contacted by Ross Kribbs regarding his application for a renewal of his temporary use permit for the first floor -
atrium/corridor of The Roaring Fork Building (415 East Hyman Avenue), to be used as a small gallery of his photographic
work and the work of other, predominantly local, artists.
As an owner of a business currently located in this building, 1 approve of this use and 1 encourage the City to approve the
renewal of his application.
Name: 525y, CD ` 5 cl \ l
Signature:
October 7, 2011
Ali Ik4C JC/VWVr •
Business: 1
Suite #:
415 East Hyman Avenue
Aspen, CO 81611
Telephone: 970/9 z50 373 5
To Whom it May Concern:
I have been contacted by Ross Kribbs regarding his application for a renewal of his temporary use permit for the first floor -
atrium/corridor of The Roaring Fork Building (415 East Hyman Avenue), to be used as a small gallery of his photographic
work and the work of other, predominantly local, artists.
As an owner of a business currently located in this building, I approve of this use and I encourage the City to approve the
renewal of his application.
Name: 6 a5k0 co r `I
‘ ILAA
Signature: Sr
October 7 , 2011
Business: O L p )j M c 6 ?it. * -t S 1 i-c.
Suite*: Q `
415 East Hyman Avenue
Aspen, CO 81611
Telephone: c{ 70/925-373
3
To Whom it May Concern:
I have been contacted by Ross Kribbs regarding his application for a renewal of his temporary use permit for the first floor -
atrium/cortidor of The Roaring Fork Building (415 East Hyman Avenue), to be used as a small gallery of his photographic
work and the work of other, predominantly local, artists.
As an owner of a business currently located in this building, I approve of this use and I encourage the City to approve the
renewal of his application.
Name:
Signature: %Lel
October 2011
Business: Y w d I %/� r O1" Q p a a
Suite #: 1 1� 'ff �„' wr"
415 East Hyman Avenue
Aspen, CO 81611
Telephone: 9 1 /,1t i-e • 9 I►/ S
To Whom it May Concern:
I have been contacted by Ross Kribbs regarding his application for a renewal of his temporary use permit for the first floor -
atrium/corridor of The Roaring Fork Building (415 East Hyman Avenue), to be used as a small gallery of his photographic
work and the work of other, predominantly local, artists.
As an owner of a business currently located in this building, I approve of this use and I encourage the City to approve the
renewal of his application.
?ref Lit ACK /site--
Name:
'�, % / / / � ?id aid) Signature: f %�i�' L
October , 2011
Business: / , I " t! kc) L.. D Y ) VI. If .�y I We d �.C, •
Suite #: ; 0 l ; 0 1
415 East Hyman Avenue
Aspen, CO 81611
Telephone:
RECEIVED
ATTACHMENT 2 -LAND USE APPLICATION OCT 1 $ 2011
APPLICANT: CITY OF ASPEN
/ COMMUNITY DEYELCrtittnt[
Name: y g N t r ryk 41-r)
Location: 6'C E/1 dYm4ti 4kC/vue Ko4eJNG FORK LolvDom,vi,,,
(Indicate street address, lot & block number, legal description where appropriate)
Parcel ID # (REQUIRED)
REPRESENTATIVE: '/
Name: 7055 K 2 t ?8 5
Address: t D, Box g761 45pf/LJ cO • U/2-
Phone #: 1 7a 3 3 9 Sa-2
PROJECT:
Name: /l q (, 6E7 ( , L- LE E Y
Address: /t(s E-/ it Wym4Av ,4 (/ENVE 450E, co 2'/�f/
Phone #: ° I 70 3 71 S a-a-
TYPE OF APPLICATION: (please check all that apply):
❑ Conditional Use ❑ Conceptual PUD El Conceptual Historic Devt.
El Special Review El Final PUD (& PUD Amendment) ❑ Final Historic Development
El Design Review Appeal El Conceptual SPA ❑ Minor Historic Devt.
❑ GMQS Allotment ❑ Final SPA (& SPA Amendment) ❑ Historic Demolition
❑ GMQS Exemption ❑ Subdivision ❑ Historic Designation
❑ ESA - 8040 Greenline, Stream ❑ Subdivision Exemption (includes ❑ Small Lodge Conversion/
Margin, Hallam Lake Bluff condominiumization) Expansion
Mountain View Plane —/
❑ Lot Split ' Temporary Use ❑ Other:
❑ Lot Line Adjustment ❑ Text/Map Amendment
EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.)
AiRv.n OF 'f'T F. Mein/ A/ 1145 BETA) REP4m-TEh f1Nb L16cf75 //4L'E 5CE.v
/ "zY/1ttEh, Pea/lovs ergme v5E PEem,T c. (,MACEt DEC_ P-o/ D
PROPOSAL: (description of proposed buildings, uses, modifications, etc.)
4R'T (2.4LttRV O E,4TE77 ,. f FLooK .9-�l t en 551GE
Have you attached the following? FEES DUE: $ 2 1t - S es 'CD
❑ Pre- Application Conference Summary
❑ Attachment #1, Signed Fee Agreement
❑ Response to Attachment #3, Dimensional Requirements Form
❑ Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards
All plans that are larger than 83" X 11" must be folded. A disk with an electric copy of all written text
(Microsoft Word Format) must be submitted as part of the application.
RECEIVED
CITY OF ASPEN OCT 1 8 2011
PRE - APPLICATION CONFERENCE SUMMARY CITY OF ASPEN
COMMUNITY DEVELOPMENT
PLANNER: Chris Bendon, 429 -2765 DATE: 9.13.11
PROJECT: Nugget Gallery
REPRESENTATIVE: Ross Kribbs
TYPE OF APPLICATION: Temporary Use
DESCRIPTION: The application will propose an extension of the existing temporary operation of a gallery in
the atrium of a building on the south side of the Hyman Avenue Mall — 415 East Hyman.
The building is owned in condominium. The proposal is to waive affordable housing and
other development mitigation for the store. Temporary Uses cannot exceed 180 days from
the date that the City Council approves. The proposal may expand this to up to one year of
intermittent operation.
Land Use Code Section(s)
26.304 Common Development Review Procedures
26.450 Temporary and Seasonal Uses
Review by: Staff for complete application and recommendation
City Council
Public Hearing: Yes at City Council
Planning Fees: $245. Deposit for 1 hour of staff time (additional staff time required is billed at $245 per hour)
Referral Fees: none.
Total Deposit: $245.00
Total Number of Application Copies: 10
To apply, submit the following information:
1. Total Deposit for review of application and signed fee agreement.
2. Applicant's name, address and telephone number, contained within a letter signed by the applicant
stating the name, address, and telephone number of the representative authorized to act on behalf of the
applicant. This shall apply for all owners within the condominium.
3. Street address and legal description of the parcel on which development is proposed to occur, consisting
of a current certificate from a title insurance company, or attorney licensed to practice in the State of
Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens,
easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply
for the Development Application.
4. Written approval from businesses accessed through the common space.
5. Completed Land Use Application.
6. Pre - application Conference Summary.
7. An 8 1/2" x 11" vicinity map locating the subject parcels within the City of Aspen.
8. Proof of ownership.
9. A written description of the proposal and a written explanation of how a proposed development
complies with the review standards relevant to the development application.
Disclaimer:
The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is
subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a
legal or vested right.
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