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HomeMy WebLinkAboutLand Use Case.465 N Mill St.0030.2011.ASLU r ^� MIC THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0030.2011.ASLU PARCEL ID NUMBERS 273707300048 PROJECTS ADDRESS 465 N. MILL STREET PLANNER JENNIFER PHELAN CASE DESCRIPTION APPEAL OF DECISION REPRESENTATIVE RICHARD BIRD & MIKE KUBASIEWICZ DATE OF FINAL ACTION 09.14.11 CLOSED BY ANGELA SCOREY ON: 12.29.11 p --, NOTE TO FILE Date: December 15, 2011 After the resolution of the Appeal filed by the applicant, staff determined that the applicant did not cease operation of the yoga studio in the SCI zone district. Bothe the business owner, Mike Kubasiewicz and a yoga instructor, Richard Bird were cited into municipal court. The charges were dismissed without prejudice on September 14, 2011, when both defendants agreed to cease operation of the yoga studio. 4 ennifer in elan Deputy Planning Director Attachments: Exhibit 1: Hand delivered letter received by Richard Bird dated July 6, 2011 Exhibit 2: Yoga waiver form, photographed by Jennifer Phelan Exhibit 3: Evidence of yoga studio operating in SCI zone Exhibit 4: Evidence of yoga operation in the SCI zone Clastria. July 6, 2011 Mr. Mike Kubasiewicz THE CITY OF ASPEN Dwell Pro Po Box 10416 Aspen, Co 81612 RE: Determination of Appeal' Dear Mr. Kubasiewicz, As a result of the June 27; 2011 Appeal heard by City Council with regard to the operation of a yoga studio in the service /Commercial /Industrial (S /C /I) zone before City Council, Resolution No. 43 (Series of 2011) was adopted. The resolution affirms staff's administrative determination that a yoga studio is not a permitted use in the S /C /I zone district and cannot operate within it. This letter shall serve as a final correction notice for you to cease operation of the yoga business and comply with the permitted uses referenced in the S /C /I zone district. All operation of the yoga studio shall cease by Friday, July 15, 2011. Failure to comply will result in a summons to Municipal and may result in fines of,up to $1,000.00 a day and /or jail time. • Sincerely, 6 - • Jennifer Phelan cP--iC- Deputy Planning Director / NNE., • v��S 6Cc o v %-L ck 6S - - - 130 SOUTH GALENA STEer • AseEN, COLORADO 81611 -1975 • PHONE 970.920.5000 • Fax 970.920.5197 www. asp'engov.com Primed on Recycled Pape:. .I . ,. ..... .o a Fero ��.y� lei CO f 1 I y., �. v + n' ;M p t r 4„....... _ , 0 >, ...--7 - _, ... >.... .: ( t , .... 0 t r ...... ... s 2 46 ' t.L , _ . ;' ��'a C �(, at 0)o ° t E a2)ro o C0CQ«. ..,.� i .� -, vd 410. r4 0 . i 1 A ,,g ) - t : - .. , ' 81 _ O �Oq ~ W A 11 *4 co .." z c N „,‘ t sp, CO !ill U) A w // >61 .0 . V ,.► V y Q fir C X u ,I ; .. At 1 0 I, CY .?::(°. 2 \' , . _ ., .-6,, Behind Aspen Laundry, Aspen yoga co -op, 465 N. Mill St., donation ... http: / /aspenyogac o -op. com/ wA6,cleik, rs•xittki3 Aspen Yoga Co -op A: The Aspen Yoga Co -op is a community- based, teacher -run yoga studio rooted in the beautiful town of Aspen. Our mission is to provide accessible yoga to our community, and inspire and encourage a movement towards honoring the sacred in everyday life. MOST CLASSES ARE DONATION BASED! MATS & TOWELS ARE FREE TOO!!! A $15 donation is recommended and greatly appreciated. OO2937s CALENDAR Today Mon, Aug 1, 2011 is: Date Event August 08/01/2011 6:45- 8:45am 5 -Day Intensive by request $175 08/02/2011 6:45- 8:45am 5 -Day Intensive by request $175 08/02/2011 9:30am -11:00 Healing Yoga Basic -Open all levels w /Richard Bird ($20 drop in) 08/03/2011 6:45- 8:45am 5 -Day Intensive by request $175 08/03/2011 5:30 -6:30p Vinyasa Flow w /Kristin 08/04/2011 6:45- 8:45am 5 -Day Intensive by request $175 08/04/2011 9 00- 10:OOam vinyasa flow w /Kristin 08/04/2011 5:30- 6:30pm Yoga w /Amy 08/04/2011 8:00- 9:15pm Recovery Yoga /Meditation w /Sarah 08/05/2011 6:45- 8:45am 5 -Day Intensive by request $175 08/05/2011 9:30am -11:00 Healing Yoga Basic -Open all levels w /Richard Bird ($20 drop in) 08/06/2011 9:00- 10:15am Vinyasa Flow w /Kristy Print FACEBOOK Aspen yoga co - op 2 of3 8/1/2011 2:43 PM Behind Aspen Laundry, Aspen oga co -op, 465 1 Mill St., donation ... �„ http://aspenyogaco twi .• ; ikA* o, aspenyogacoop @gmail.com lit Website powered by Network Solutions® • 8/1/2011 2:43 PM Behind Aspen Laundry, Aspen yoga co -op, 465 N. Mill St., donation ... , http://aspenyogaco-op.com/ Aspen Yoga Co-op gl2s) p The Aspen Yoga Co -op is a community- based, teacher -run yoga studio rooted in the beautiful town of Aspen. Our mission is to provide accessible yoga to our community, and inspire and encourage a movement towards honoring the sacred in everyday life. MOST CLASSES ARE DONATION BASED! MATS & TOWELS ARE FREE TOO!!! A $15 donation is recommended and greatly appreciated. CALENDAR N 003025A Today Tue, Aug 9, 2011 is: Date Event August 08/08/2011 6:45- 8:45am 5 -Day Intensive by request $175 08/09/2011 6:45- 8:45am 5 -Day Intensive by request $175 08/09/2011 9 :30am -11:00 Healing Yoga Basic -Open all levels w /Richard Bird ($20 drop in) 08/10/2011 6:45- 8:45am 5 -Day Intensive by request $175 08/11/2011 6:45- 8:45am 5 -Day Intensive by request $175 08/11/2011 9:00- 10:OOam vinyasa flow w /Kristin 08/11/2011 10:30 11:45AM Basic (level 1 -2) w /Kristy 08/11/2011 5:30- 6:30pm Yoga w /Amy 08/11/2011 8:00- 9:15pm Recovery Yoga /Meditation w /Sarah 08/12/2011 6:45- 8:45am 5 -Day Intensive by request $175 08/12/2011 9:30am -11:00 Healing Yoga Basic -Open all levels w /Richard Bird ($20 drop in) 08/13/2011 9:00- 10:15am Vinyasa Flow w /Kristy 08/14/2011 9:30am -11:00 Healing Yoga Basic -Open all levels w /Richard Bird ($20 drop in) t 41 P rint FACEBOOK Aspen yoga co -op 2 Riormi 1 1,111 nnA Behind Aspen Laundry, Aspen yoga co -op, 465 N. Mill St., donation ... http://aspenyogaco-oP.com/ 1 .r i . Home Kamakura Big Buddha Home Kamakura Big Buddha Share • • • 8/9/2011 3:49 PM _r� Behind Aspen Laundry, Aspen yoga co -op, 465 N Mill St., donation ... http: / /aspenyogaco- op.com/ Aspen Yoga Co -op 36) The Aspen Yoga Co -op is a community- based, teacher -run yoga studio rooted in the beautiful town of Aspen. Our mission is to provide accessible yoga to our community, and inspire and encourage a movement towards honoring the sacred in everyday life. CLASSES ARE DONATION BASED! MATS & TOWELS ARE FREE TOO!!! 003105 jr CALENDAR I Today Mon, Aug 15, 2011 is: Date Event August 08/16/2011 4:30 -5:30 Kundilini yoga w /Amy 08/18/2011 9:00- 10:OOam vinyasa flow w /Kristin 08/18/2011 10:30- 11:45AM Basic (level 1 -2) w /Kristy 08/18/2011 6:30- 8:OOpm Recovery Yoga /Meditation w /Sarah 08/20/2011 9:00- 10:15am Vinyasa Flow w /Kristy ; _ J Print FACEBOOK Aspen yoga co-op 2 of • Behind Aspen Laundry, Aspen yoga co -op, 465 N. Mill St., donation ... http: / /aspenyogaco- op.coml • • r • Home Kamakura Big Buddha Home Kamakura Big Buddha Share 8/15/2011 2:34 PM w 3(4 kind Aspen Laundry, Aspen yvp✓ ao op. 465 N. Mill Si ., donation yoga, Window Intern! Explorer provided by Yahoo! r- 1 C '-; E - gnrynyeoop nom x E8 New Favorites Tools Hein X ®woiTZ•. e � m,...e j• 135..m a »ew.. - I NxE' ° �r..�. Myoe n YIe* A X a • • Pico. seta • Ted.' e- w rt naoneF ®w.t�badelbmmN yyeaNtaaP.nlwY, + Fx =O CALDIDAR Cakad rView Date Event august 081232011 C 30530 Kuriarii000 in/kin 00.24)2011 5 3C-7 00P %bhnga *00011M¢y 087255/2011 9:00- 1000am'snva5a now wG;i'Sbn 08252011 03PS00pin NBLtl10Y YanaMedlaton w5ara 08/21)2011 N00n- Energl Management talcs wlR,becca X r start e O 0 ae 16 A:e• a Fes: v 1 „1... �r ..1t.n.. 'E 1C ,oeN... Behind Aspen Laundry, Aspen yoga co -op, 465 N. Mill St., donation ... „� http: / /aspenyogaco- op.com/ (Se) Aspen Yoga Co -op The Aspen Yoga Co -op is a community- based, teacher -run yoga studio rooted in the beautiful town of Aspen. Our mission is to provide accessible yoga to our community, and inspire and encourage a movement towards honoring the sacred in everyday life. CLASSES ARE DONATION BASED! MATS & TOWELS ARE FREE TOO!!! 0032655 CALENDAR1 August 28 September Today Wed, Aug 31, 2011 3, 2011 is: Sunday Monday Tuesday Wednesday Thursday Aug 28 Aug 29 Aug 30 Aug 31 Sep 1 4:30 -5:30 5:30pm 9:00am Kundilini 5:30 -7:OOp 9:00- 10:OOam yoga Ashtanga vinyasa flow wlAmy w /Courtney wlKristin Amy Courtney Kristin 6:30pm 6:30- 8:OOpm Recovery Yoga /Meditatio w /Sarah Sarah ,L.4 Print FACEBOOK Aspen yoga co -op 2of3 8/31/2011 8:51 AM Aspen Yoga Co -op - Local Business - Aspen, CO] Facebook http: / /www.facebook.com/pages/ Aspen - Yoga- Co- op/192585 act Email 400%. lic m_,L,),I . , ri Keep me log Sign Up Facebook helps you connect and share with the people in your life. Aspen Yoga Co -op ! Like Local Business • Aspen, Colorado Information Description A donation based yoga studio in Aspen, CO. Come to one of our mai great classes or just come in when the studio is free to do your own personal practice. The Yoga Co-op makes yoga accessible by only asking that you contribute whatever you are able, whether that is 1( dollars, 5 dollars, or 2. Free mat and towel too! Address 465 N. Mill St. #9 behind Aspen Laundry, Aspen, CO 81611 • Get Directions Wall Phone (970) 925 -1061 Info Website http: / /www.aspenyogaco- op.com Photos - t: 4) P - cop , - g' tk Discussions ;. H r: ' ^ 5 S Q Events •Z' ' Warn sr z ,io 1- a 4' Yi 2 !Rio c a Te Si t H Bail St O 1 1/4 A Sr y f sold (a About t °':.:J3 .. e.61 - - a lo. Ra. C 2p10 NavieVC 2:11 C.: 11. please check aspenyogaco- op.com for schedule About please check aspenyogaco-op.com for schedule General Information Our location is kind of hard to explain... If you are in the parking lot the old location of the Aspen Brewing Company, look to your left am 92 there are businesses along the back of the building that has the Asp like this Laundry. Our door is the second to last before Aspen Repair. Email aspenyogacoop@gmail.com Likes Clark's Market, Likes and Interests Aspen Likes Clark's Market, Aspen Create a Page Browse Places Places # United States * Colorado > Aspen ■ All Places Facebook © 2011 • English (US) Mobile • Find Friends • Badges • People • Pages • About • / 1 of 1 8/31/2011 4:21 PM March 27, 2011 1 Facebook htt p:// www. facebook. com/ media / set/?set x.213582321989808.6523... M(CP t:, it a • to w March 27, 2011 The studio. 750 sq. ft. By Aspen Yoga Co -op • 1 of 2 March 27 • Like • Comment Download Aspen Yoga Co - likes this Report This Photo 1 of 1 8/31/2011 4:24 PM Aspen Yoga Co -op - Local Business - Aspen, CO - Events I Facebook http: / /www.facebook.com/pages/ Aspen- Yoga- Co op/ 192585607422 ... EmaK�� t I ( ❑ Keep me log€ Sign Up] Facebook helps you connect and share with the people in your life. 5 Aspen Yoga Co -op 1Jke Local Business •Aspen, Colorado . 1 . Wall Aspen Yoga Co -op • Everyone (Top Posts) Ashley Hammann Casiano Wall Vinyasa Flow with Kristin yesterday morning was FABULOUS! Thanks so much - Info I love what y'all are doing for Aspen! August 19 at 6:27am via mobile • Like • Comment Photos Discussions 1 Jim Beckwith Live! Music for Yoga Events Forrest Yoga instructor comes to Aspen for workshops tomorrow eve and Past Events Saturday! Take a look and don't miss it. Live music support from Jim Beckwith Live! Music for Yoga If t t CELEBRATE YOUR PRACTICE w/ Jo Schaalman & Jim About l+ Beckwith Fri & Sat! please check aspenyogaco- 4 - Location: King Yoga, Aspen, CO op.com for schedule 92 July 21 at 10:02am • Like • Comment like this Likes ,t. Aspen Yoga Co -op Healing Yoga Basics with Richard Bird, Sundays 9:30 -11:00 AM, Aspen Yoga III Clark's Market, Co -op 465 N Mill Street , #B -9 Aspen. Aspen Bring your aches pains and injuries and you'll leam how to use your practice to heal injuries and release pain. Leave feeling whole, balanced and energized. http://www.aspenyoga.net/Open-Classes,html Aspen Yoga Studio - Yoga In Aspen Colorado - Open Classes Create a Page www.aspenyoga.net Aspen Yoga Studio Open Classes 90 minutes, All Levels Forrest Yoga with Richard Bird 970.366.2947 July 16 at 8:36pm • Like • Comment Aspen Yoga Co-op V D Astanga yoga w Courtney tonight 530 -7 L July 13 at 1:53pm via mobile • Like • Comment C Aspen Yoga Co - op � Yoga As A Healing Practice: 5 -Day Intensive with Richard Bird (Forrest Yoga) 1 of 1 8/31/2011 4:27 PM ^ N. p " {Y C3 /� r ; Y A I cc, l W 4 =0s' ° 0 P GA pi A W t C O CO � � ... . ra - ° • < S C ia1mn - 1-0 --::t I:* . : - i— , .� — - - N — - V CV 3 — = A :o� ■ acre, r= x W = Y y O . �� .. ,a - y5m n - = x00 a �� E . = 4 m �� 'R _ n - - M1 RI Q O N 0 (4 m tv O o N M1 t9 54 Mama 1-4 0" A � .. a9 r Q �� , �! Mama M lammaia a i Cr z G� 21* a 0.F ii. ° J C. ¢m w ta1 , q O t }.. CJ V /// S ` z H • SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1, 2, and 3. Also complete A. Signature item 4 if Restricted Delivery is desired. 0 Agent • Print your name and address on the reverse X 0 Addressee so that we can return the card to you. B. Received by ( Printed Name) C. Date of Delivery • Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from item 1? 0 Yes 1. Article Addressed to: If YES, enter delivery address below: 0 No Mr. Mite, Kubasiewicz • D rko P " lD n I O t I (, 3. Service Type (Amen CO 1 � b 12, 0 Certified Mail 0 Express Mall 0 Registered 0 Return Receipt for Merchandise 0 Insured Mall 0 C.O.D. 4. Restricted Delivery? (ire Fee) 0 Yes 2. Article Number (Transfer from service Iabe/J_ 91 7199 9991 7 0 3 0 0 719 1718 PS Form 3811, February 2004 Domestic Return Receipt 102595 -02 -M -1540 Y " • ?o t • n n n 0 o O • p 4 o a E z z • T si o Q' fil o 3 = . te n • v 3 m O O F = 11■111111 n K m c O� m S ao W. CD M N N a ,r I: • o N fir♦ ^lFO64 O rnD N • 3 0 L Z ) ICU N 10 O r O ° oto , RESOLUTION NO43 (SERIES OF 2011) A RESOLUTION OF THE C11'Y OF ASPEN CITY COUNCIL AFFIRMING AN ADMINISTRATIVE DECISION REGARDING PERMITTED USES IN THE SERVICE/COMMERCIAL/INDUSTRIAL ZONE DISTRICT MADE BY THE ZONING ENFORCEMENT OFFICER WHEREAS, the Community Development Department received a complaint with regard to a yoga studio operating in the Service /Commercial /Industrial (S /C/I) zone district; and, WHEREAS, pursuant to Chapter 26.710 —Zone Districts, the Zoning Enforcement Officer rendered a decision that the use is not permitted in the S /C/I zone district; and, WHEREAS, the City Council, pursuant to Chapter 26.316, may affirm the administrative decision of the Zoning Enforcement Officer or modify or reverse the decision upon a finding that there was a denial of due process, exceeding of jurisdiction, or abuse of authority in rendering the interpretation; and, WHEREAS, the City Council has taken and considered written and oral argument from Mike Kubasiewicz, the appellant, and the Community Development Director, and has found that the Zoning Enforcement Officer provided due process and neither exceeded her jurisdiction or abused her authority in rendering the administrative decision; and, WHEREAS, the City of Aspen City Council finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE BE IT RESOLVED that the City Council affirms the Zoning Enforcement Officer's administrative determination of the Land Use Code that a yoga studio is not a permitted use within the S /C/I zone district and is therefore prohibited. 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 conducted 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. APPROVED by the Aspen City Council at its regul • eeting on 946..e 0 /77201 1. -1/ ..1, rte /,' Kathryn S. / h, C Clerk f QQQeK Johns •e. "f e n 1e•- -- APPROVED AS TO FORM: or est r, City Attomey Resolution No.--, Series of 2011. Page 1 r ,..r Reeular Meeting Aspen City Council June 27. 2011 Torre said for safety sake, he can support finishing the drain line. Councilman Torre stated he does not support the other requests with unknown budget impacts and without an up-to -date pro forma for the project. Councilman Frisch said he would like to get to a minimum appropriation and not stop the drain line work and not spend any money on the hydro plant part of the project. Mayor Pro Tem Johnson said the sense of Council is to limit the downside and to preserve the opportunity for the city and the community to become more informed on the hydroelectric plant. Councilman Frisch asked if the $207,650 is entirely hydropower plant. Hombacher said about $125,000 of that amount is working on the FERC licensing application and on a more detailed look on going forward so the $207,650 could be reduced. Councihnan Skadron said he supports the hydropower project and hope is gets built when the environmental protections are in place. Councilman Frisch asked about overruns and asking for more money after the digging starts. Hombacher said the remaining work has moved away from other utility corridors and is on the final leg to Thomas reservoirs. Council agreed they would approve an appropriation that will move the drain line project forward and not appropriate any money that would go toward the hydropower project. Mayor Pro Tem Johnson said that would be $619,290 for the drain line and $125,000 for further FERC licensing for a total of $744,290. Mayor Pro Tem Johnson moved to adopt Ordinance #20, Series of 2011, on second reading amending the appropriation to $744,290, and approving the water fund increase of $2,802,030; seconded by Councilman Frisch. Roll call vote; Torre, yes; Frisch, yes; Skadron, yes; Mayor Pro Tem Johnson, yes. Motion carried. RESOLUTION #43, SERIES OF 2011— Appeal S /C /I Zone District — Yoga Studio Jennifer Phelan, community development department, told Council this is an appeal of a decision made by the zoning officer that a yoga studio is not an allowed use in the service /commercial/industrial zone district. Ms. Phelan said a yoga studio is considered a health and fitness facility and is not listed as a permitted or conditional use in S /C/I. Yoga studios are permitted in other zone districts. Ms. Phelan reminded Council appeals are on the record and there are 3 standards; denial of due process, abuse of discretion arbitrary or capricious exercise of authority, or misapplication of the law or excess jurisdiction. Ms. Phelan said proper notice of this hearing was given. Ms. Phelan said staff used reasonable discretion in determining a yoga studio use is not permitted in the S /C/I using typical land use definitions. Ms. Phelan said it is the job of the zoning officer to enforce zoning. Ms. Phelan stated this is a case of what the applicant would like the code to say versus what the code actually says. Staff recommends affirming staff's determination that a yoga studio is not permitted in this zone district. Mike Kubasiewicz, applicant, said he is appealing this decision. His business Dwell Pro Inc. is a surface cleaning company and emergency flood restoration company, and he is trying to invent a better cleaning machine. Dwell Pro is integrating adults with disabilities into the work force. There are 4 different machines being manufactured in Aspen that are efficient and powerful cleaning machines and on which Dwell Pro holds the patents. Kubasiewicz said since January 10 Regular Meeting Aspen City Council June 27. 2011 2011, young adults from the Roaring Fork Valley with disabilities work at Dwell Pro on Tuesday and Thursdays. Kubasiewicz told Council his space at 465 North Mill was a Pilate's and yoga studio. Kubasiewicz said young adults with disabilities often need a calming place, and yoga is a refocusing tool. Dwell Pro's workshop surrounds the yoga floor and these transitional adults understand the difference between the shop space and the yoga studio. Kubasiewicz told Council yoga instructors have been donating time to this transition program. Yoga instructors have been allowed to teach their own practices in this space outside the Dwell Pro's hours. These classes are donation based and the space is called the yoga coop. Kubasiewicz said in May these donations equaled 20% of the rent. Yoga is a vital part of Dwell Pro's work environment and Dwell Pro Inc needs the supplemental income from the yoga coop. Kubasiewicz said zoning abused their discretion in decision making. The 2008 ordinance regarding S /C /I states "that the S /C/I zone district is to preserve and enhance locally serving primarily non - retail, small business areas to insure a more balanced permanent community". Kubasiewicz said the yoga coop is an integral part of Dwell Pro. Kubasiewicz said there is not a better way to insure a more balanced community than hiring local transitional young adults and offering donation yoga to the community. Kubasiewicz said the zoning officer clarified that the above statement should be looked at as secondary to the entire 2008 ordinance. Kubasiewicz noted that the yoga coop is secondary to Dwell Pro Inc. Kubasiewicz requested Council allow the yoga coop to continue to exist in the S /C/I zone district. Councilman Torre asked about other appeals in the S /C /I zone. Chris Bendon, community development department, told Council this is a difficult zone to administer because the uses are so specific. There was an appeal from someone who wanted to grow marijuana; agriculture is not listed as a use so that was not upheld. Bendon said in the past, the uses have been different in the S /C/I zone and it did allow for a yoga or Pilates studio; rehearsal studio. Othello appealed for his skate board shop use and Council found in his favor. There was an appeal for an architect's studio. There was an appeal for the brewery which resulted in code changes Councilman Torre asked if there are any non - conforming uses currently in the S /C/I zone. Ms. Phelan said when Obermeyer Place was redeveloped, there were uses that were legally established and were allowed back in after the site was redeveloped. Ms. Phelan said if a use is in a zone after the uses change and it continues to operate, it is a legally established non- conforming use with the intent to allow them to operate. Councilman Torre asked what changes were made in 2008. Ms. Phelan said medical office spaces at a certain size were allowed. The yoga, Pilates and rehearsal studio uses were eliminated; artist studio was allowed only in the McFadden subdivision. Councilman Torre said he does not think there was abuse of discretion, jurisdiction or due process and this would be better served as a code amendment. Councilman Torre said in 2008, the city council went after this specific use in a code amendment. Councilman Torre asked how much space in the S /C /I zone is vacant and is the use of the district not benefitting the community. Councilman Torre said there could be some uses that would be appropriate in the zone that have not been considered. Councilman Torre said some of the applicant's business falls within the uses of the S /C/I zone. 11 Re ular Meetin Asoen City Council June 27. 2011 Bendon said the challenge for staff is to apply the existing code and a yoga studio is not allowed in the S /C/I. Bendon pointed out the entire business must be an allowed use in order to keep operating in the S /C/I zone, not mostly in compliance. Bendon said Council will be looking at the AACP and how the city wants to use the S /C/I zone to further community goals. Council should also think about how to optimize properties in this particular building and whether it could be rezoned for certain uses to further different community goals. Bendon said the rental rates in the S /C /I are very attractive to businesses and many businesses try to relocate in this zone whether or not their business plan fits. Kubasiewicz told Council he could be a taxidermist or a storage facility; he is allowing local yoga teachers to use this space and to instruct, which is giving them income. Mayor Pro Tem Johnson said he would like to find a way to make this work, although this may not be the correct avenue. Ms. Phelan told Council the community development department get requests from businesses who want to move into the S /C /I zone on a weekly basis. Councilman Skadron stated he is protective of the S /C/I zone having sat through a number of appeal hearings. Councilman Skadron said he considers the broader market place and cannot provide an unfair advantage to one business over another. Councilman Skadron noted there are several yoga businesses located throughout town and he has to affirm the zoning officer's action on this use in the S /C/I zone. Councilman Frisch said there is unused space in the S /C /1 zone and this business uses local instructors to teach locals and he would like to figure out a way to make this work. Bendon said running the local government in a first come first served basis will have everyone, locals with good ideas, who is aggrieved come before Council. Bendon said staff tries to approach these things with an overall goal and vision, what the comznunity wants to accomplish. Bendon said there is a liberal policy of allowing non - conforming uses to continue. Kubasiewicz said there are restrictions in his area; he cannot park a car overnight, the noise decibel decreases at 7 PM so manufacturing would be difficult and if it were true S /C /I his business would be able to operate 24 hours /day. Mayor Pro Tem Johnson agreed he would affirm staffs decision and is interested in making this use work. Councilman Frisch said he would be interested in a code amendment. Bendon said the difficulty in doing a code amendment while in the middle of a community plan is that you get ahead of yourself. Councilman Frisch asked if there have been discussions about the S /C/I zone in will be Council. discussions. A code B am amendment discussed t w d take staff h urandt level costs between $3000 probably and $10,000. Bendon noted in the past Council has been specific about the allowed and not allowed uses in the S /C/I zone. Bendon pointed out other zones have more general categories. Mayor Pro Tem Johnson reiterated he would entertain a code amendment for this use in the S /C /I zone. John Worcester, city attorney, reminded Council of the emergency ordinance adoption procedure if they believe public property health, peace or safety is in peril. Councilman Torre said the applicant is using the space as intended; the ancillary use is only 20% of the business. Councilman Torre said the Council often discusses having incubator space and having it available for a certain time period. Councilman Torre said he will support staffs decision. Councilman Torre moved to approve Resolution #43, Series of 2011, affirming the administrative decision; seconded by Councilman Skadron. All in favor, motion carried. 12 ............ . Regular Meeting Aspen City Council June 27, 2011 Mayor Pro Tem Johnson moved to go into executive session pursuant to C.R.S. 24- 6- 402(4)(b) Conferences with an attorney for the local public body for the purposes of receiving legal advice on specific legal questions at 8:45 PM; seconded by Councilman Torre. All in favor, motion carried. Councilman Torre moved to come out of executive session at 9 PM; seconded by Councilman Frisch. All in favor, motion carried. Councilman Torre moved to adjourn at 9 PM; seconded by Mayor Pro Tem Johnson. All in favor, motion carried. Kathryn h, City Clerk 13 \ re- -' ky P14 MEMORANDUM TO: Mayor Ireland and Aspen City Council COPY: John Worcester, City Attorney THROUGH: Chris Bendon, Community Development Director FROM: Jennifer Phelan, Deputy Planning Director RE: Appeal of Land Use Code Interpretation — Permitted Uses in the Service/ Commercial/Industrial zone district DATE: June 27, 2011 APPLICANT: Mike Kubasiewicz '°-,-.1 tr > ), b1 4 j.., iqi IV LOCATION: i t 1 r srrrrksr i .�1 -w _�� a1 ckg ` i ALP Service /Commercial/ Iffy. The E f " : ' � I 7 ; � \ "°` "° ' ! l Industrial (S /C/I) �' 'h r _ j � ) "` zone district. - • ,gly�„ / 9 S ,t R,-nvry F�a't Ww.;y ! SUMMARY: ar` �� The Applicant is -.. k 1 , t < i appealing an ?t< l + a : R -3 administrative + i r E y 3 rc vat decision by the �s Nall • era t i ‘,E �,'al_r Zoning Enforcement sr 1 _ s ' z , t ' ' STAFF -87-g4(4- 5- 4 � : . ':1 +k , ' RECOMMENDATION: ' r - ' 4 `d � r y &fK C E - rset Staff recommends � - Rids Candy Cent C �� °+s` 2 7 City Council uphold a , : , T _° _ - < -; a y ; .. �, f the Zoning +'� = � � `- � ' _� r Enforcement Figure 1: Vicinity Map of "S /C/I zone district" Officer's decision by adopting the proposed resolution affirming the determination. . 1 P146 0 SUMMARY: One of the jobs assigned to the Zoning Enforcement Officer is to ensure that only permitted uses as outlined in land use code operate within a zone district. A "use ", as defined under the land use code, is "the purpose or activity for which a lot, other area of land, or a building is designated, arranged, intended, occupied or maintained." Every zone district within the city outlines what uses are permitted within the zone district and if not listed, are prohibited. As a result of a complaint, the Community Development Department became aware of a business that was operating at 465 Mill Street in the Service /Commercial/Industrial (S /C/I) zone district, providing a number of services that may not be permitted uses within the zone district. Staff contacted the business owner, Mr. Kubasiewicz, and requested that he provide a prospectus of operations occurring at the site. A number of uses were determined by the zoning officer to not be a. permitted use and were ended by the business owner, however; Mr. Kubasiewicz is interested in maintaining his yoga operation on -site. Staff has determined that yoga is not a permitted use in the zone district, and Mr. Kubasiewicz is appealing staffs determination. Section 26.316, Appeals of the Aspen Land Use Code sets forth the applicable standard of review that Council should follow in these matters and the actions available to Council following the hearing on the appeal. BACKGROUND: In this case, the decision rendered by the Zoning Enforcement Officer is whether a yoga studio is allowed in the Service /Commercial/Industrial (S /C/I) zone district as a permitted or conditional use. As a result of a complaint, staff advised the business owner that a yoga studio is not a permitted or conditional use within the S /C/I zone district. A yoga studio is considered a health and fitness facility under the larger category of Service Uses. The permitted and conditional uses (Exhibit A) for the zone district are explicit such as a post office branch or Laundromat rather than generalized (for example service use) as in other commercial zone districts. The specificity of the uses permitted in the S /C/I zone district is intended to limit uses and implement the purpose of the zone district. The intent of the S /C/I zone district "is to preserve and enhance locally- serving, primarily non - retail small business areas to ensure a more balanced permanent community; to protect the few remaining such small business parks historically used primarily for light industrial uses, manufacturing, repair, storage and servicing of consumer goods, with limited retail, showroom or customer reception areas." As noted in a whereas clause of an ordinance adopted in 2008 that amended the zone district, this zone district is recognized as an area that provides "support for service commercial businesses that without the SCI Zone District would likely relocate out of town and increase vehicle trip generation by locals seeking needed services.." 2 • P147 Neither a yoga studio, health and fitness facility, nor service uses are listed as permitted or conditional uses within the zone district and therefore are not permitted to operate in the subject district. STANDARD OF REVIEW: Section 26.316.030(E) reads as follows: Standard of review. Unless otherwise specifically stated in this title, the decision - making body authorized to hear the appeal [City Council] shall decide the appeal based solely upon the record established by the body from which the appeal is taken [Zoning Enforcement Officer]. A decision or determination shall not be reversed or modified unless there is a finding that there was a denial of due process, or the administrative body has exceeded its jurisdiction or abused its discretion. The Land Use Code does not define the terms: "a denial of due process ", "exceeded its jurisdiction," or "abused its discretion." Court cases, however, have helped define these terms as follows and may be used by Council in its deliberation of the appeal: A denial of due process may be found if some procedural irregularity is determined to have occurred that affected a significant right of the appellant, or the administrative body otherwise acted in violation of the appellant's constitutional or statutory rights. Executive Committee of Medical Staff of Memorial Hospital v Runyan, 716 P. 2d 465 (Colo. 1986.) A decision may be considered to be an abuse of discretion if the "decision of the administrative body is so devoid of evidentiary support that it can only be explained as an arbitary and P. d 1304 (Colo. 1986); Marker e v Colorado Springs, 336 P.2d 305 Ass'n., 713 05 (Colo. 1959). A decision may be considered to be in s of sdiction if the decision being a from "is grounded in a misconstruction or misapplication of the law," City of Springs v Givan, 897 P.2d 753 (Colo. 1995); or, the decision being appealed from was not within the authority of the administrative body to make. City of Colorado Springs v SecureCare Self Storage, Inc., 10 P, 3d 1244 (Colo. 2000). STAFF COMMENT: 1. Due Process — The applicant has met with staff to discuss what uses are permitted within the S /C/I zone district. Correspondence to the Applicant outlining that a yoga studio is not permitted and noting the ability to appeal the administrative decision was provided. Certain timeframes affect when appeals need to be scheduled. appellant Those timeframes ea have been met. As required by the Land Use Code, the app - r meeting via registered mail and all other affected parties were n o Please see Exhibit F). g g �GOL1C vl =- 3 P148 meeting does not contain any procedural flaws, staff believes that proper procedural due process has been provided. In providing an administrative decision, the Zoning Enforcement Officer relied on the facts presented and the language within the Land Use Code. Definitions within the code such as "Service Use" and the purpose of the zone district were used in evaluating whether a yoga studio could be considered a permitted or conditional use in the zone district. Staff's decision was not arbitrary and provided substantive due process. 2. .Discretion — With respect to abuse of staff's discretion, the Zoning Enforcement Officer did need to use her discretion in rendering the decision. The question is whether she abused that discretion. The Zoning Enforcement Officer is required to interpret specific text of the code to provide explanation and clarity with regard to permitted and conditional uses within a zone district. In rendering her decision, the Zoning Enforcement Officer considered adopted definitions in the land use code and the purpose clause of the S /C/I zone district to structure the decision. Staff tends to approach these sorts of tasks with a very pragmatic and realistic administration of zoning limitations. The Land Use Code does not predict every type of circumstance. Staff considers the text of the code as well as the purpose of the zone district. The Zoning Enforcement Officer believes that her discretion was applied appropriately and the decision was rendered ethically. 3. Jurisdiction — The Zoning Enforcement Officer's jurisdiction to interpret and administer the Land Use Code is established in Chapter 26.210 of the City of Aspen Land Use Code. This Chapter outlines the jurisdiction, authority, and duties allocated to the Community Development Director (and his designees). One of the Director's duties outlined in the Chapter reads: "To render interpretations of this Title or the boundaries of the Official Zone District Map pursuant to Chapter 26.306." and "To enforce any provision of this Title or any other provision of the Municipal Code of the City of Aspen." Staff believes this language is clear and it does not appear that the applicant is questioning this provision of the code. CODE INTERPRETATION AND CODE AMENDMENT: The question in a code interpretation is what does the code say? On occasion, applicants seek a code interpretation because they believe the code should say something else. The code amendment process is the proper venue for the question what should the code say? ACTIONS BY COUNCIL FOLLOWING APPEAL HEARING: Section 26.316.030(F) reads as follows: Action by the decision - making body hearing the appeal. The decision - making body hearing the appeal may reverse, affirm, or modify the decision or determination appealed from, and, if the decision is modified, shall be deemed to have all the t u ers of the officer, board or commission from whom the appeal is taken, including 4 L. P149 the power to impose reasonable conditions to be complied with by the appellant. The decision shall be approved by resolution. All appeals shall be public meetings. TWO RESOLUTIONS: Attached are two Resolutions. One finds that the Zoning Enforcement Officer acted correctly and affirms the administrative decision. The second finds that the Zoning Enforcement Officer exceeded her jurisdiction, abused her authority, or failed to provide due process and reverses the interpretation. RECOMMENDATION: Staff believes the Zoning Enforcement Officer's interpretation was rendered ethically and that no abuse of authority or exceeding of jurisdiction occurred. Staff recommends City Council uphold the Zoning Enforcement Officer's administrative decision by adopting the proposed Resolution affirming the decision. CITY MANAGER COMMENTS: RECOMMENDED MOTION: (all motions must be made in the positive) " I move to approve Resolution No. a2 Series of 2011, [affirming or reversing] theZoning • Enforcement Officer's administrative decision regarding permitted uses is the S /C/I zone district. ATTACHMENTS: Exhibit A — Service /Commercial/Industrial zone district standards Exhibit B — Prospectus of Dwell Pro dated February 15, 2011 Exhibit C — Zoning Officer correspondence dated April 22, 2011 Exhibit D — Appeal application Exhibit E — Land Use Code Section Regarding Appeals Exhibit F — Affidavit of notice 5 P1 5 0 c RESOLUTION NO. t- crefi ry \V (SERIES OF 2011) ' A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL AFFIRMING AN ADMINISTRATIVE DECISION REGARDING PERMITTED USES IN THE SERVICE/COMIVWRCIAL/INDUSTRIAL ZONE DISTRICT MADE BY THE ZONING ENFORCEMENT OFFICER WHEREAS, the Community Development Department received a complaint with regard to a yoga studio operating in the Service /Commercial/Industrial (S /C/I) zone district; and, WHEREAS, pursuant to Chapter 26.710 —Zone Districts, the Zoning Enforcement Officer rendered a decision that the use is not permitted in the S /C/I zone district; and, WHEREAS, the City Council, pursuant to Chapter 26.316, may affirm the administrative decision of the Zoning Enforcement Officer or modify or reverse the decision upon a finding that there was a denial of due process, exceeding of jurisdiction, or abuse of authority in rendering ft the interpretation; and, WHEREAS, the City Council has taken and considered written and oral argument from Mike Kubasiewicz, the appellant, and the Community Development Director, and has found that ft the Zoning Enforcement Officer provided due process and neither exceeded her jurisdiction or abused her authority in rendering the administrative decision; and, WHEREAS, the City of Aspen City Council fords that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE BE IT RESOLVED that the City Council affirms the Zoning Enforcement Officer's administrative determination of the Land Use Code that a yoga studio is not a permitted use within the S /C/I zone district and is therefore prohibited. 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 conducted 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. APPROVED by the Aspen City Council at its regular meeting on 2011. A 1'1'EST: Kathryn S. Koch, City Clerk Michael C. Ireland, Mayor APPROVED AS TO FORM: John Worcester, City Attorney Resolution No. - -, Series of 2011. Page 1 P-. y� Cd�� 1 RESOLUTION NO. Lk, (SERIES OF 2011) A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL AFFIRMING AN ADIYIINIS'1'RATIVE DECISION REGARDING PERMITTED USES IN THE SERVICE /COM11'IERCIAL/INDUSORIAL ZO OFFICER TIT ZO MADE BY NING WHEREAS, the Community Development Department received a complaint with regard to a yoga studio operating in the Service /Commercial/Industrial (S /C /I) zone district; and, WHEREAS, pursuant to Chapter 26.710 —Zone Districts, the Zoning Enforcement Officer rendered a decision that the use is not permitted in the S /C /I zone district; and, WHEREAS, the City Council, pursuant to Chapter 26.316, may affirm the administrative decision of the Zoning Enforcement Officer or modify or reverse the decision upon a finding that there was a denial of due process, exceeding of jurisdiction, or abuse of authority in rendering the interpretation; and, WHEREAS, the City Council has taken and considered written and oral argument from Mike Kubasiewicz, the appellant, and the Community Development Director, and has found that the Zoning Enforcement Officer did not provide due process or exceeded her jurisdiction or abused her authority in rendering the administrative decision; and, WHEREAS, the City of Aspen City Council finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE BE IT RESOLVED that the City Council reverses the Zoning Enforcement Officer's administrative determination of the Land Use Code that a yoga studio is not a permitted use within the S /C/I zone district and determines that a yoga studio is a permitted use. 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 conducted 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. APPROVED by the Aspen City Council at its regular meeting on 2011. ATTEST: S. Koch, City Clerk Michael C. Ireland, Mayor APPROVED _ i John Worcester, City Attorney Resolution No. - -, Series of 2011. Page 1 P152 ` 0 26.710.160. Service /Commercial/Industrial (S /C/I). A. Purpose. The purpose of the Service /Commercial/Industrial (SCI) zone district is to preserve and enhance locally - serving, primarily non - retail small business areas to ensure a more balanced permanent community; to protect the few remaining such small business parks historically used primarily for light industrial uses, manufacturing, repair, storage and servicing of consumer goods, with limited retail, showroom, or customer reception areas. The SCI zone district contains uses that may not be appropriate in other zone districts or do not require or generate high customer traffic volumes, and permits customary accessory uses. B. Permitted Uses. The following uses are permitted as of right in the Service /Commercial/Industrial (SCI) zone district. Each of the permitted uses may have, in combination, a limited percent of the floor area, as noted below, devoted to retail sales, showroom, or customer reception, and such uses shall be ancillary to the primary commercial use. This floor area percentage may be increased through Special Review by the Planning and Zoning Commission, pursuant to Section 26.430.050, and according to the standards of Section 26.710.160(E)1. 1) SCI Uses which may use up to 100% of the floor area for retail sales, showroom, or customer reception include the manufacturing, repair, customizing, servicing, detailing, sales, and rental of consumer goods such as: a) Building materials, components, hardware, fixtures, interior finishes and equipment b) Household appliances such as ranges, refrigerators, dishwashers, etc. c) Automobiles and motorcycles, Motor - driven cycles, and Motorized bicycles, including parts. d) Non - motorized vehicles such as bicycles and river - related recreational items, for rental or in combination with a service use related to guiding or touring. e) Fabric and sewing supply. 2) SCI Uses which may use, in combination, up to 25% of the floor area for accessory retail sales, showroom, or customer reception including the manufacturing, repair, alteration, tailoring, and servicing of consumer goods such as, electronic equipment; floral arrangements; furniture; clothing; or sporting goods: a) Typesetting and printing, including copy center. b) Photo processing laboratory. c) Locksmith. d) Post Office branch. e) Shipping and receiving services. f) Internet auction consignment outlet g) Laundromat h) Commercial dry cleaning. i) Recycling center. j) Artist studio. k) Veterinary clinic. 1) Animal boarding facility. m) Animal grooming establishment. City of Aspen Land Use Code Part 700, Page 45 ' P153 n) Brewery and brewing supply, with on-site alcoholic beverage consumption limited to the hours of noon to 9 pm Mondays through Saturdays and noon through 6 pm / on Sundays and limited to six samples of six ounces, ,0 0 sf uurrLSsample n s of n six aounces and one sample of 16 ounces, per person, p y be suspended for wholesale buyers. o) Coffee roasting and supply p) Commercial Kitchen or Bakery. q) Design Studio, limited to the Andrews- McFarlin Subdivision. 3) SCI Uses which, may use, in combination, up to 10% of the floor area for accessory retail sales, showroom, or customer reception: a) Building/landscape maintenance facility. \ b) Automobile washing facility. c ) Warehousing and storage. 4) Primary Care Physician's Office Uses permitted: a) On Upper Floors; pursuant to Section 26.710.160 (D)11(b). is b) Limited to a cap of 3,500 square feet at the Obermeyer Place PUD, upon execution of an Insubstantial PUD Amendment. 5) Permitted Accessory Uses: a) Service yard accessory to a permitted use. b) Sales and rental accessory and incidental to a permitted use. c) Accessory buildings and uses. d) Home occupations. e) Offices, accessory to a permitted or conditional use, not to exceed 10% of a commercial unit. C. Conditional uses. The following s s are permitted the cood a e in the Service/Commercial/ Ch 26.425.050 Procedures (SCI) Chapter 2050 Procedures for Review, and the standards established in Section 26.710.160(F). Under Section 26.710.160(0)1 -3, the Commission shall establish the appropriate amount of floor area to be devoted to retail sales, showroom, or customer reception for each conditional use during the review, pursuant to the review standards of Section 26.710.160 (F)1. Under Section 26.710.160(C)4 -5, the Commission shall review the site plan to determine compliance pursuant to the review standards of Section 26.710.160(F)2 -3, and establish conditions of approval as needed. 1. Consignment retail establishment. 2. Commercial Parking Facility, pursuant to Section 26.515. 3. Gasoline service station. Upper Floors. 4. Affordable Multi- Family Housing on Upper Floors 5. Free Market Multi - Family Housing on City of Aspen Land Use Code Part, Page 46 P154 !^ 0 D. Dimensional requirements. The following dimensional requirements shall apply to all permitted and conditional uses in the Service /Commercial Industrial (SCI) zone district: 1. Minimum Gross Lot Area (square feet): 3,000 2. Minimum Net Lot Area per dwelling unit (square feet): No requirement. 3. Minimum lot width (feet): No requirement. 4. . Minimum front yard setback (feet): No requirement. 5. Minimum side yard setback (feet): No requirement. 6. Minimum fear yard setback (feet): No requirement. 7. Minimum Utility/Trash/Recycle area: Pursuant to Section 26.575.060. 8. Maximum height: 35 feet. 9. Minimum distance between buildings on the lot (feet): No Requirement. 10. Pedestrian Amenity Space: Pursuant to Section 26.575.030. 11. Floor Area Ratio (FAR): The following FAR schedule applies to uses cumulatively up to a total maximum FAR of 2.25:1. Achieving the maximum floor area ratio is • subject to compliance with applicable design standards, view plane requirements, • public amenity requirements and other dimensional standards. Accordingly, the maximum FAR is not an entitlement and is not achievable in all situations. a. Commercial Uses: 1.5:1. b. Primary Care Physician's Office uses: .25:1 FAR, only if a minimum of .75:1 FAR of Commercial uses, listed in Section 26.710.160(B)1 -3, exist on the same parcel. c. Affordable Multi-Family Housing: .5:1. d. Free - Market Multi - Family Housing: .25:1, only if a minimum of .75:1 FAR of Commercial Uses listed in Section 26.710.160(B)1 -3 exist on the same parcel. e. Free - Market Multi- Family Housing: .5:1, only if a minimum of .75:1 FAR of Commercial Uses listed in Section 26.710.160(8)1 -3 exist on the same parcel, and a minimum of .25:1 FAR of Primary Care Physician's Office Uses exist on the same parcel. 12. Maximum multi- family residential dwelling unit size (square feet): 2,000 sq. ft. of net livable area. a. The property owner may increase individual multi- family unit size by extinguishing Historic Transferable Development Right Certificates ( "certificate" or "certificates "), subject to the following: 1) The transfer ratio is 500 sq. ft. of net livable area for each certificate that is extinguished. City of Aspen Land Use Code Part 700, Page 47 o O P155 • 2) The additional squ footage accrued may be applied to multiple units. However, the maximum: individual unit size attainable by transferring development rights is 2,500 sq. ft. of net livable area (i.e., no more than 500 additional square feet may be applied per unit). 3) This incentive applies only to individual unit size. Transferring ev to pment' rights does not allow an increase in the Floor Area Ratio (FAR) of the Commentary: Refer to Chapter 26.535 for the procedures for extino fishing certificates. pro osed E. Special Review S tandards. Whenever the dimensional standards of .a p p opment development within the SCI Zone District are subjep Rev1 26.4 Oe0a0, and shall , \ application shall be processed as a Special Review, pursuant be approved, approved with conditions, or denied based on conformance with the following criteria: 1. To increase the io w , the appl gant shall demonstrate the need a appropriateness customer d cep o n a n area, PP purpose of the for r tom such additional space and shall demonstrate consistency with the purp • SCI Zone District. The additional approved percentage for a specific use shall be limited to that use and not applicable to subsequent uses in the same space. F. Conditional Use Review Standards. 1. To establish the allowable percentage of interior sp space demonstrate retail, s hed the or customer reception area, the applicant ose of appropriateness for the space and shall demonstrate consistency with the pure the SCI Zone District. The approved percentage for a specific use shall be limited to that use and not applicable to subsequent uses in the same space. 2. Applicant must demonstrate that the affordable Uses housing is . same substantially removed and physically separated from Commercial parcel, to the extent practicable, so as to isolate residential uses fro a g impacts and to adequately provide for on- loading, off- loading, - for commercial uses. 3. Applicant must implement a prohibition on the cross - ownership of free market residential units and c ommercial space e. t2 -b00 reviewed ; and ac cepted Ord N Att (Ord. No. 2 -1999, §1; Ord. 2010, §4) City of Aspen Land Use Code Part, Page 48 }y WIZIEsr r i4° { YsF hmr £ 44-12 � {,y"H rrq � ;� ,e d Y.; # W es+,. 4 �t < 6 .r- . yu r a �_ F i . -'3 f ?1 . s zi x e i t tz � ` r . r �1 s r t - C .x - b r �T iJ EIL 1- -i es _gs 0:4 Il r e , - President .Mike Kubasiewicz n � 465 North Mills St 9 -B A License # 07104 - _ Aspen,,CO 811611 ged Tax id 26 -3 880422 F LB 1 ? 0 Tel: 970.925.1061 Sales Tax 35- 25782 -000 - CITY OF ASPi =1` mike(c dwell p� COMMUNITY DEVtLOPW—N ■ gu ettoraNnn• 2 4/ 7 Emergency Flood Response Company. Dwell Pro Inc was established in Aspen, CO in 2000. Dwell Pro is the only "Aspen b flood response company. Down -valley flood response companies charge up to $500 / how in order to offset the cost(s) of travel. Dwell Pro's 465 North Mill St. location enables a response time of 30 minutes or less, making Dwell Pro's pricing eXtremely competitive. c ,Service: Dwell Pro I uses environmentally friendly equipment powered by electricity. The c ompetition uses truck -mount systems powered by gas & propane which contributes to the M-8 Pollution. Dwell Pro Inc's clientele include The Little Nell, The St.Regis, Maroon Creek Club, Cache -Cache and multiple property management companies & re sidences throughout Aspen. The services are offered 7 days per week.. Bo rah • Dwell Pro Inc. offers a surface cleaning machine (LJ1000) for rental or lease by c omperes or individuals for cleaning & emergencies. Leasing is available Monday thru g 9am -5pm. Current clients include hotels, construction companies and public sc hools. nufa Dwell Pro Inc.designed and manufactures it's own surface cleaning machines and has pa tents Pending with the US Patent Office. The machines deep clean carpet, stone, hard wood floors, walls, office partitions, mattresses, drapery and upholstered furniture. M facilities are located at 465 North Mills St 9 -B in Aspen. The four models are available for viewing in the show room. Manufacturing takes place Monday thru pridaY 10 am to 5 p and 11 pm to 6 am ,. P157 Travat_ iia , Trayati means "liberation of energy" in Sanskrit. The Studio is a place where young adults, 17 -21 years old with diagnosed disabilities develop skills to maximize self - reliance, independence and problem solving skills. These young adults are from the Roaring Fork and Aspen school districts. The facturing, Tra Stud sdctrr currently .working h with the "Ready for the World Program ". These young and Las chores help w the machine manu Y stocking inventory, recycling, special needs young adults will assist with space of the Trayati Studio. High functioning Q basic video editing as well. In addition, the studio brings be a part of the daily bus for assembly, shipping, and Yoga g adults with routine for the young adults with disabilities. These transitional young special needs visit Tuesday thru Thursday, .10am to 3pm. Retail sales of clothing, teas, _ videos, etc,.: help fund the Trayati Studio program. The Studio can be rented by certified • yoga instructors Friday thru Monday for private instruction & workshops. The revenues generated from rentals will benefit the transition program. • ' Ktii Kuba Films produces and edits personal instructional yoga videos, and other post - production work to our community. Kuba Films founded in 2000 in Aspen has since produced several short films, yoga videos, business videos, Internet commercials, and stock footages. Training in the art of Audio/Visual will 3e taught o young to adults with special needs. The hours of operation are Monday thru e sziPn Y. a oom 4 i -C , . The Aspen Yoga -Coop is operated by area yoga instructors. Yoga instructors teach yoga ,\ on a donation bases. The last defense to an ecnomic essential tool uallyi ones de m e n health. Donation yoga for our community provides Instructors hold certifications through the nationally recognized Yoga Alliance. All certified instructors are welcome. Kids' yoga is offered as an alternative to expensive child -care. Instructors will volunteer their time to young adults with special needs as - • well. Instructors dioare en days aweek,7am -9: "able to bases". The pm till close. hours of operations - for the sty 0 April 22, 2011 Mr. Mike Kubasiewicz , • Dwell Pro , 465 S Mill Street, 9 -B Aspen, CO 81611 - Re: Land Use Code Violation Notice AsPtx/PrIKN Coepnu m DEvaop ctjr DEPMrnmar Dear Mr. Kubasiewicz; Thank you for the office visit of Friday April 07, 2011 to discuss your business and the attempts you have made to adjust your business to conform to the Service /Commercial/Industrial (SCI) zone district use requirements. Per -our discussion (and illustrated by your email dated Sunday April 17, 2011) Dwell Pro no longer has the Trayati Studio, or the Kabu Films aspect and these activities are not longer advertised on the 'web site ( http: / /www.dwellpro.coln/home.html). However, as we discussed Aspen Yoga Coop Studio (a yoga studio) is not a permitted use in the zone district under section 26.710.160 Service/Commercial/Industrial (SCI) (exhibit A). Whether the classes are donation only has no bearing on the fact that a yoga studio is not permitted in the zone district: This - letter shall serve as a correction notice and requires action from the business owner to • address the above referenced violation.. It is the responsibility of the business owner to comply with permitted uses in the S /C/I Zone District. You need to cease operation of the yoga business. Alternatively, you may appeal my administrative determination that a yoga studio is not permitted in the S /C/I zone district as outlined in Chapter 26.316 Appeals (exhibit B), section 26.316.030 Appeals Procedures.. Please note 'that an appeal needs'to be filed within 14 days of the date of this letter and requires a deposit of $735.00. If an appeal is not filed, all operation of the yoga studio must cease within 30 days of the date of this letter. Failure to comply within 30 days of the date :of this correspondence will result in a summons to- Municipal Court and/or fines. Please contact Claude Salter, 429 -2752 Zoning Officer for the City of Aspen. , Regards, C: Claude Salter City of Aspen Zoning Enforcement Officer Community Development Department • 970 -429 -2752 (Office) claude.salter • ci.aspen.co.us Attachments: • Exhibit A Chapter 26.710 Zone Districts Exhibit B Chapter 26.316 Appeals • 130 SOUTH GALENA STREET • ASPEN, COLORADO 81611-1975 • PHONE 970.9205090 - Fix 970.920:5499 - Ev 11 .i3 Cr P 59 ATTACHMENT 2-LAND USE APPLICATION PROJECT: - .` Name: Location: . dicate street address, lot & block amber, le :.1 description where • s• • •tiate Parcel ID # • CARED APPLICANT: . ®well Pro Inc.. mike kuh�gtS■Qw.ct Address: ( J P P\ Name: W, 115t P.®. % K 1 ®y 16 Ad Phone #: 9°10• X25 -1061 REPRESENTATIVE: � - Name: • SGIMc A5 A •ucAnfr • Address. Phone #: TYPE OF APPLICATION: (please check all that apply): ❑ Temporary Use ❑ GMQS Exemption ❑ Conceptual PUD ❑ Final PUD (& PUD Amendment) ❑ Text/Map Amendment ❑ GMQS Allotment ❑ • ❑ Conceptual SPA' Subdivision ❑ Special SA 040 Review ❑ ❑ Final SPA (& SPA - ESA — 8040 Greenline, Stream Subdivision (includes Amendment) ❑ Margin, Hallam Lake Btu condominiumizafion) Mountain View Plane - ❑ Small Lodge Conversion/ ❑ Commercial Design Review ❑ Lot Split . Expansion Lot Line Adjustment Other ® , p rye ❑ Residential Design Variance < I r ❑ Conditional Use . 1..6. 6. 03 ECG CONDI - I1. NS: des. ',lion of a .n • buldin 0•, uses, • -vious - li• •vats, etc. Li a l6 K 0..roa Q , S.C.'". k as bten- 0- s$uato P eats S sfuato skQ *G sko' w n a., r ra.en,: .kt srcci_ : esclsu , l3reV / , PROPOSAL: descri.tion of P • • •sed buidin• s, uses, modifications, etc. t - \ Allow c_ . ®- a .s-{u i to exist in +ke, SCI toetiel "spans 6-9 8 ac- HE'S N. M~ll Sb•eto SM_Sure. Q, W ce . :$`d ® ®t conrnurs" Have you attached the following? Application Conference Summa -Y' M Attachment #1, Signed Fee Agee meat ❑ Response to Attachment #3, Dimensional Requirements Form ❑ Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Stmdards ❑ 3 -D Model for large project All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of a ll should melnde son electa'onnc 3 D model (Microsoft Word Fermat) must be submitted as part of the application. Large scale projects mhol ine u deal. �*_ conference summary will indicate if y submit ." , , �.:_ . ' _ - 'i- ,,,,� �. -sue" Yw Fy S" -k 'F�f y .. , P1 0 . ag : CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Deve Application Fees - f T ' CITY OF ASPEN (hereinafter CITY) and t e K v D a. S (� l [ Z . (hereinafter APPLICANT) AGREE AS FOLLOWS: 1_ APPLICANT has submitted to CITY an application for A p P e a 1 • (hereinafter, THE PROTECT). . - 2. APPLICANT understands and agrees that the City of Aspen has an adopted fee structure for Land. Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. • • . 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full. extent of the costs involved in processing the application. , APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an " initial deposit and to thereafter permit additional costs to be billed to. APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. ' 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete - processing or present sufficient information to the Historic Preservation Commission, Planning and Zoning Commission and/or City Council to enable the Histdric Preservation Commission, Planning and Zoning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. . 5 . Therefore, APPLICANT agrees that in consideration of the CITY'S waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the • amount of $ 11 °O which is for hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of $245.00 • per planner hour over the initial deposit. Such periodic payments' shall be made within 30 days of the billing date. _ . . APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. , CITY OF ASPEN - APPLICA _ - Chris Bendon n Community Development Director Date: L • Billing Address and Telephone Number: . • P.O. mox l 1. . Aspt~.. Co E16t'L • 77o • 9/ 5. 106 . • s K • • • r s 5: at , P161 -, 925-1061 c i3 3 I t ,r °, � � t 1 - P.O. Box 10416 - , t ' Aspen; CO 81612 Girl _. _ Zoning Board & Staff, , Thank you for accepting Dwell Pro Inc as a legitimate business in this Community. The location at 465 North Mill St. 9B. is perfect for our operations. Dwell. Pro Inc. formally 24 -7 Services has been located in Aspen for 10 years. It has been a difficult and rewarding Journey! The security « insecurity of shop locations throughout town over that period has been excelling. Dwell Pro Inc.'s is focused on replacing the mop. Our Patent Pending machines are the ' strongest defender of viruses such as SARS. These series of machines are the most powerful & efficient surface cleaning machines on the market. Productivity « Efficiency lead our charge. The location & floor plan at 465 North Mill St. is perfect. The manufacturing facility, carpeted showroom and rental storage in front as well as storage facility as a whole make it ideal for business. Machine manufacturing is our major. goat. Building a better Mouse Trap in the Industry of surface cleaning is now coming to fruition. Dwell Pro Inc. believes in returning while growing. We want to give back to the Community now. The lessti and allo at ow5 a yN oga St. enables co -op e Dwell storage/showroom l floor. This yoga business anv�i )ga co -op helps continuing efforts to enable our community. It also helps to supplement ,\ Dwell Pro Inc., a local business. • Dwell Pro Inc. would like you to accept this business proposal. We at Dwell Pro. Inc. and the Aspen yoga co -op would be grateful for the opportunity' to present our many positive thoughts on this proposal. Sincerely, . ' Mike KubasiewWcz . President Dwell Pro Inc. 7 Chapter 26.316 APPEALS Sec. 26.316.010 Appeals, purpose statement Sec. 26.316.020 Authority Sec. 26.316.030 Appeal procedures Sec. 26.316.010. Appeals, purpose statement. The purpose of this Chapter is to establish the authority of the Board of Adjustment, Growth Management Commission, the Planning and Zoning Commission and City Council to hear and decide certain appeals and to set forth the procedures for said appeals. (Ord. No. 17 -2002, §2 [part]) Sec. 26.316.020. Au tho rity. A. Board of Adjustment. The Board of Adjustment shall have the authority to hear and decide the following appeals: 1. The denial of a variance pursuant to Chapter 26.314 by the Planning and Zoning Commission or Historic Preservation Commission. B. City Council. The City Council shall have the authority to hear and decide the following appeals: 1. An interpretation to the text of this Title or the boundaries of the zone district map by the Community Development Director in accordance with Chapter 26.306. - An appeal of this nature shall be a public meeting. 2. Any action by the Historic Preservation Commission in approving, approving with conditions or disapproving a development application for development in an "H," Historic Overlay District pursuant to Chapter 26.415. An appeal of this nature shall be a public meeting. 3. The scoring determination of the Community Development Director pursuant to Chapter 26.470. An appeal of this nature shall be a public meeting. 4. The allocation of growth management allotments by the Planning and Zoning Commission pursuant to Chapter 26.470. An appeal of this nature shall be a public meeting. 5. Any other appeal for which specific authority is not granted to another board or commission as established by this Title. An appeal of this nature shall be a public meeting. C. Planning and Zoning Commission. The Planning and Zoning Commission shall have the authority to hear and decide an appeal from an adverse determination by the Community Development Director on an application for exemption pursuant to the Growth Management Quota System in accordance with Subsection 26.470.060.D. of this Title. City of Aspen Land Use Code Part 300, Page 35 P163 • D. Administrative Hearing Officer. The Administrative 'Hearing Officer shall have the authority to hear an appeal from any decision or determination made by a dd. Nina iv 2 002, l unl s sd. N orwi e specifically stated in this Title. (Ord. No. 17 -2002, §2 [part]; 2007, §18) Sec. 26.316.030.Appeal procedures. an nation by d of aeal shall be filed with the Community Development Director and with the City office or department p eRP rendering the deciis on o determ n within fourteen (14) days of the date e of the decision or cete a a being ay rights under this Title eto notice of decision within the prescriall time sh � constitute waiver of any ri in B. Effect of filing an appeal. The filing of a notice of appeal shall stay D u pro in rtifie furtherance of the action appealed from unless the d munity D to l help e appeal t hoa tay poses writing to the chairperson of the decision - making body an imminent peril to life or property, in which case the appeal shall not stay further proceedings. The chairperson of the decision - making body with authority to hear the appeal may review such certification and grant or deny a stay of the proceedings. C. Timing of appeal. The decision- making body authorized to hear the appeal shall consider the appeal within thirty (30) days of the date of filing the notice of appeal or as soon thereafter as is practical under the circumstances. D. Notice requirements. Notice of the appeal shall be provided by, mailing to the appellant and by publication to all other affected parties. (See Subsection 26304.060[E]). a Staz d to oe re otherwise specifically de the appeal based stated ol Title, the recordlestablished uo bythe buthorized to her th pp body from which the appeal is taken. A decision or determination shall be not be reversed or modified unless there is a finding that there was a denial of due process or the administrative body has exceeded is jurisdiction or abused its discretion. the F. Action by the decision - making body hearing the appeal. The decision - making body hearin o appeal may reverse, affirm or modify the decision or determination appealed from and, if the decision whom the is modified, shall be deemed to have all the powers rof the o eicer, boar ono toommcissiof from with by the appeal is taken, including the power to impose appellant. The decision -making body may also elect to remand an appeal to the body that originally heard the matter for further proceedings consistent with that body's jurisdiction and directions given, if any, by the body hearing the appeal,. The decision s hal b . N e d by written n resolution. All appe) is shall be public meetings. (Ord. No. 55 -2000, §§4, City of Aspen Land Use Code Part 300, Page 36 P164 0 \t L AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 4 b5 S. / -t'i & , Aspen, CO SCHEDULED PUBLIC HEARING DATE: : - I. '5•onf n , 20 1 / STATE OF COLORADO ) ) ss. County of Pitkin ) being or representing Applican City of Aspen, Colorado, hereby please print) P by 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: Publication of notice: By the publication in the legal notice section of an ofilcial paper or a paper of general circulation in the City of Aspen at least fifteen (151 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 e 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) v., P16 Rezoning or text amendment.: Whenev 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 The foregoing "Affidavit of Notice" was acknowledged before me this a day r of - .1 - , 20(I,by emu._ -e-L S _i' - . - WITNESS MY HAND AND OFFICIAL SEAL p a NGTll: _I RE: ADMINISTRATIVE TERMINATION - 1 DEAL (DSTICFJODMME IAV INDUSTRI- My commisslOn expires: . a. l -4. � — :ONE DISTRICT) J TICE IS HEREBY GIVEN at a public hearing , • . will be held on Monday, June 13 2011 to begin at ` IJ S:D0 p m. fore the pen 0t County City tk'y. JL 9 Il y htdgLIJ a- COaaC I Cha Cit As Hell 130 S. Galena , 3L, �� Aspentoconsideranappealik enadministrativ e .I Notary Public d ox 101416, 0 A, pen CO y Mike The adman t v `.a-` J " Box in ati Aspen, e 61512. that a The studio t isrn ie not a determination gse concluded n the S Nat a yoga is not a permitted use m the S ca o and cannot operate location o comnone district kno nnot 465 S M from the 9-B. For i known 4 on contact J Street, P Phelan For further ( of As30 on, Development at the City a nt, 130 n S. alma St ., Dlopment Departme ( a r b Galena it . Aspen, 00 910-920 -EO9 o, (r by email J fJ Phi' a, M{ °h unok ATTACHMENTS AS APPLICABLE: Aspen CtY Published In the Aspen lines Weekly on May 29, UBLICA 1CIOJ\ 201 [55E25791 bF THE POSTED NOTICE (SIGN) - VNERS AND GOVERNMENT AGENGIES NOTICD '\ — t3 Y MAIL * APPLICANT CERTICICATION OF MINERAL ESTATE OWNERS NOTICE AS REQUIRED BY C.R.S. §24- 65.5 -103.3 ■ • • '1 s-- e" r ate-, - fig 1- y; Ass P1 66 May 27, 2011 Mr. Mike Kubasiewicz PO Box 10416 Aspen, CO 81612 _ • RE: ADMINISTRATIVE DETERMINATION APPEAL (Permitted Uses in the S /Cil zone district) Dear Mike, As required per Section 26.316.020 D., Notice Requirements, of the land use code notice is hereby given that a public hearing is scheduled on Monday, June 13, 2011, to begin at 5:00 p.m. before the Aspen City Council, City Council Chambers, City Hall, 130 S. Galena St., Aspen. The purpose of the hearing is to consider an appeal of an administrative determination, submitted by you; however, as we discussed earlier this week you requested a continuance to June 27 To accommodate your request the . hearing will be continued to that subsequent date. The administrative determination concluded that a yoga studio is not a permitted use in the Service /Commercialandustrial (SIC/I) zone district and cannot operate from the Location commonly known as 465 S. Mill Street, 9 -B. For further information, please feel free to contact - me at 970.429.2759 or by email Jennifer .Phelan(cr�ci.aspen.co.us. A memo will be emailed to you in the near future. Regards, Jenifer Phelan SENDER.' COMPLET THIS SECTION MP ' CO °` " i f' r Deputy Planning Director �THISSECJION ON�ELIERY' -v- ", • Complete items 1, 2, and 3. Also complete A. Signature item 4 if Restricted Delivery is desired. 7 (q 7 9 u Print your name and address on the reverse � J ❑ Agent o that we can return the card to you. ❑ Addresse .. 1 a ttach this card to the back of the mailpiece, S. Received by (Printed Name) C. Dat= of Deliver i or on the front if space permits. (L1 t Ye 6Ub c G 1. Article Addressed to: D. Is delivery address differerrt from item 11 0 Yes — If YES, enter delivery address below: 0 No Mr. Mike Kubasiewicz PO Box 10416 Aspen CO 81612 a Ce Type .. --... _ Se rtifled Marl El Express Marl . _ ... _ .__ .. _ u Registered Return Receipt for Me is ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra l=ee). ❑ Yes . , . Amide Number _ _ Transfer from servicerabelf 91 7199 9991 7030 0719 1565 ° orn 3811, February 2004 Domestic Return Receipt _- - _.. _02595 d 02 -Ma 4... .0, xi 26 ,5_,a_ MEMORANDUM TO: Mayor Ireland and Aspen City Council 1 THRU: Chris Bendon, Community Development Director 0./�'VUV+ FROM: Jennifer Phelan, Deputy Planning Director RE 465 N. Mill Street — Appeal of permitted uses within the Service /Commercial/Industrial zone district MEETING DATE: June 13, 2011 NOTE: The applicant has requested a continuation of the hearing on the above noted appeal before City Council due to a scheduling conflict. The applicant is requesting the hearing be continued to June 27.2011. STAFF RECOMMENDATION: Staff recommends that City Council permit the continuation of the hearing. RECOMMENDED MOTION (ALL MOTIONS ARE WORDED IN THE AFFIRMATIVE): "I move to continue the hearing on an Appeal of permitted uses within the Service /Commercial /Industrial zone district to June 27, 2011." CITY MANAGER COMMENTS: r ,•� AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 4 S t A t t �� & ' , Aspen, CO SCHEDULED PUBLIC HEARING DATE: 1.� .51• on6vm , 20 11 . STATE OF COLORADO ) ) ss. County of Pitkin ) s 1 ' ° I ett S C (name, please print) being or representing an Applicant to the Cityn, Colorado, hereby personally certify that 1 have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: ✓ Publication of notice: By the publication in the legal notice section of an ofcial 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) . 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. e _ d .ssikatia Signature The foregoing "Affidavit of Notice" was acknowledged before me this 2 day of A , 201 L, by Sat es ■ S — ah..J • WITNESS MY HAND AND OFFICIAL SEAL P DYINIS ATOM 'TERMINATION M commission expires: T �� APPPEAI R��� —�DYY IMJ INDUSTRI I AL ZONE WE NOTICE IS on HEREBY Mond y,?111 That 011, 'hearing will be held �� pm � f be ot rs d . Clry Ne 1 13 S' Galena St.,, �pKl/N�l7T— / p/�aappaen,�ro i og n a enan Aek Kum" rz i g Notary Public d 10416 Aspen, 81612. The pu M Box 10118, de yo ns st9010 i a detemi c concluded known tell . Mill St SVNi permitted use in Me S e cannot " ate from the (5/0/1) zone district and cannot ope I 8 For fu information ion` contact Jen ier b-- - Ian at the Cit o„ °t�6DRD'/"l y Phe� -enl Dena ,ent, 130 S. Galema S , pgpao IVILEy� 920-5Deo. (or by email J� ®_°ems) -d 1 ATTACHMENTS AS APPLICABLE: 3 f CnY COn c the Published in M" Times weekly on May 29, UBLICATION 2p11 (�) As )F THE POSTED NOTICE (SIGN) TNERS AND GOVERNMENT AGENGIES NOTIED * APPLICANT CERTICICATION OF MINERAL ESTATE OWNERS NOTICE AS REQUIRED BY C.R.S. §24- 65.5 -103.3 • SE COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY �� J • Complete Items A. Signature ems 7, 2, and 3. Also complete X '�`" "� CI Agent item 4 if Restricted Delivery Is desired. CI Addressee • Prim your name and address on the reverse (Printed � C. , ,Delivery that we can return the card to you. B. Received by • inttach this card to the back of the mailplece, Mae I W b t c - ^- 6 or on the front If space permits. D. Is delivery address different from item 17 11 es 1. Article Addressed to: It YES, enter delivery address below ❑ No 11111111111111 1111111111W Mr. Mike Kubasiewicz PO Box 10416 Aspen CO 81612 a� Midi O °prABs Mall O R ❑ Return Receipt for Merchandise - - ❑ Insured Mall ❑ C.O.D. 4. Restricted DelIVeIYl (Ewa Se) ❑ Yes nruc' -mbe` 91 7199 9991 7030 0719 1565 Tier, tun service label) 102595 =orm 3811. February 2004 Domestic Retum Receipt • UNITED STATES POSTAL SERVICE I Pot Me 1111 Permit No. G -10 • Sender. Please print your name, address, and ZIP +4 in this box • II„L I „II11:,l l„II,1,II„II1I City of Aspen Attn: Jennifer Phelan 130 S. Galena Street Aspen, CO 81611 May 27, 2011 Mr. Mike Kubasiewicz PO Box 10416 Aspen, CO 81612 RE: ADMINISTRATIVE DETERMINATION APPEAL (Permitted Uses in the S /C/I zone district) Dear Mike, As required per Section 26.316.020 D., Notice Requirements, of the land use code notice is hereby given that a public hearing is scheduled on Monday, June 13, 2011, to begin at 5:00 p.m. before the Aspen City Council, City Council Chambers, City Hall, 130 S. Galena St., Aspen. The purpose of the hearing is to consider an appeal of an administrative determination, submitted by you; however, as we discussed earlier this week you requested a continuance to June 27 To accommodate your request the hearing will be continued to that subsequent date. The administrative determination concluded that a yoga studio is not a permitted use in the Service /Commercial/Industrial (S /C /I) zone district and cannot operate from the location commonly known as 465 S. Mill Street, 9 -B. For further information, please feel free to contact me at 970.429.2759 or by email Jennifer.Phelan@ci.aspen.co.us. A memo will be emailed to you in the near future. Regards, Jemfer Phelan Deputy Planning Director • r^ ANN 4 yy' • y o Hi r (i1 eil m> Y o . cn C 0, • rn il a =Thm "-- ri . m 1 . . 1M-ram Irm I m- - - - - .--.-- - - - - - - - - . -..1..'- - - - - - - - - - - .. ' ?....--- -1/411-1 --------7 .. = tt . La Iflimmoni r W lia i C.1C1 11 J 0 U o :,, 0 �� IS C) e a ci- _________ �, V o- = i . • P G'fti� ; . .. P y F . . . . .. } Ii � yi - •.:',1C..-... 4 41 . m 00 U D / 0 S T D j — i` • y O m "r N O' lti,� N • N '0 Vie Ci (7 O �7 N m��71 W NCi, II A 2 CO SE • COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY � • Complete Items 1, 2, and 3. Also com A Sig plete Al 0 Ad item 4 M Restricted Delivery Is desired. X 0 Addressee • Print your name and address on the reverse _ _ _ _ C. D a of ' :Wary so ttra), we can return the card to you. - - % ', ✓7 • AttacIithis card to the back of the maiipiece, or on Rle front if space permits. D. Is delivery address different from item 1? 0 Yes 1. Article Addressed to: If YES, enter deiivetY address below: 0 No ta.ea`iro 1441 • r- C,Vca. los e W t cz ` j o aa,<. 1 w* t b a fi , � Go 4s l (� 1 Z Re gist a Mall 0 rasa ❑ ❑ Retum Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. " le Number 91 7108 2133 3934 3805 8471 der from service label) tepaa5-02- AFi5G0 PS Form 3811, February 2004 Domestic Retum Receipt • • I First -Class Mai UNITED STATES POSTAL SERVICE I Postage s Fees r aid I USPS Permit No 3-10 • Sender Please print your name, address, and ZIP +4 in this box • c 7■T'. . -vim ‘3o S- ci. itlx S� A5P.c, CO (0 # 1 • r •r ■••• r THE CITY OF ASPEN Land Use Application Determination of Completeness Date: May 16, 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 0030.2011.ASLU — SCI Appeal. The planner assigned to this case is myself. ❑ 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. We will be scheduling your appeal before the City Council on Monday, June 13, 2011. 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. m. Yo LL - nnifer 0-lan, Deputy Director , City of Aspen, Community Development Department For Office Use Only: Qualifying Applications: Mineral Rights Notice Required SPA PUD COWOP_ Yes No jC Subdivision (creating more than 1 additional lot) GMQS Allotm nts Residential Affordable Housing Yes No Commercial E.P.F. I z m n� n 3 e ° K Iss R ° m O w> a P U d H p ' ti Z rit cn 7 .n 7 J _ 1 01 � \ JJJ 0 ni • g °I-3' V • LJ W V W uJi V ...---- `� w n v a' Ea G 1 G t / Clint,. S % V DoN UN r -, 5� - - \ N ri 4' a op • N L TC; w. PRO 925 -1061 `" NET . P.O. Box 10416 REV Aspen, CO 81612 • 2011 • CITY O E sPEN Zoning Board & Staff, c`jr>;IZy DEVEG Thank you for accepting Dwell Pro Inc as a legitimate business in this Community. The location at 465 North Mill St. 9B. is perfect for our operations. Dwell Pro Inc. formally 24 -7 Services has been located in Aspen for 10 years. It has been a difficult and rewarding Journey! The security & insecurity of shop locations throughout town over that period has been excelling. Dwell Pro Inc.'s is focused on replacing the mop. Our Patent Pending machines are the strongest defender of viruses such as SARS. These series of machines are the most powerful & efficient surface cleaning machines on the market. Productivity & Efficiency lead our charge. The location & floor plan at 465 North Mill St. is perfect. The manufacturing facility, carpeted showroom and rental storage in front as well as storage facility as a whole make it ideal for business. Machine manufacturing is our major goal. Building a better Mouse Trap in the Industry of surface cleaning is now coming to fruition. Dwell Pro Inc. believes in returning while growing. We want to give back to the Community now. The location at 465 N Mill St. enables Dwell Pro Inc. to successfully function as a business and allow a yoga co -op to operate on its storage /showroom floor. This yoga co -op helps continuing efforts to enable our community. It also helps to supplement Dwell Pro Inc., a local business. Dwell Pro Inc. would like you to accept this business proposal. We at Dwell Pro Inc. and the Aspen yoga co -op would be grateful for the opportunity to present our many positive thoughts on this proposal. Sincerely, Mike Kubasiewicz ?nom President Dwell Pro Inc. ATTACHMENT 2 -LAND USE APPLICATION PROJECT: Name: Arfe-AL er co v,r p cu. DE-usiv") Location: (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) APPLICANT: Name: Dwe. I1 Pro Inc. Mike a Sie,wt c.Z Address: L 1 b S N, M I L Si. P.o. Box 10416 Phone #: 9/0" C 2 S S ' 10 61 REPRESENTATIVE: Name: S A. A5 A u e A NT Address: t Phone #: TYPE OF APPLICATION: (please check all that apply): ❑ GMQS Exemption ❑ Conceptual PUD ❑ Temporary Use ❑ GMQS Allotment ❑ Final PUD (& PUD Amendment) ❑ Text/Map Amendment ❑ Special Review ❑ Subdivision ❑ Conceptual SPA ❑ ESA — 8040 Greenline, Stream ❑ Subdivision Exemption (includes ❑ Final SPA (& SPA Margin, Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane ❑ Commercial Design Review ❑ Lot Split ❑ Small Lodge Conversion/ Expansion ❑ Residential Design Variance ❑ Lot Line Adjustment d e r Other: A P pea I ❑ Conditional Use /6.316. , + f EXISTING CONDITI (description of existm buildings, 03 O NS: ( p g gs, uses, previous approvals, etc.) S.0 .0 ./ h4s been- yo30, S+udio, Pl k is S•}udio kekr.kil. S fuato r SICq�e Shop w /In r door- ra. p phy f! wrap;s t y Q re:vn1C€y PROPOSAL: (description of proposed buildings, uses, modifications, etc.) Allow M. yo94 5 -'uJio -to exist in - t - he SC.1 Zonti 5pctLes 6-9 8 at LI 65 N. M;n S-6. - to ensure q balcAcecl pe.rntignen comn'wni+y Have you attached the following? FEES DUE: $ 735 ° ° [ ❑ re- 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 ❑ 3 -D Model for large project All plans that are larger than 8.5" 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. Large scale projects should include an electronic 3 -D model. Your pre-application conference summary will indicate if you must submit a 3 -D model. or R CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development Application Fees CITY O CITY OF ASPEN (hereinafter CITY) and M ' I K e ,u b 4 s i e w i c Z 'oM�u�in DEVELOPMENT (hereinafter APPLICANT) AGREE AS FOLLOWS: 1_ APPLICANT has submitted to CITY an application for A p p e a 1 (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that the City of Aspen has an adopted fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Historic Preservation Commission, Planning and Zoning Commission and/or City Council to enable the Historic Preservation Commission, Planning and Zoning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $ /35.°° which is for hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of $245.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN APPLICANT ' - By: By: Chris Bendon 11' I Community Development Director Date: Billing Address and Telephone Number: P.O. Box 10416 Aspe.. Cc) RI6tt 970. 5. 1061 If el 6 u d 0030 20 1! . b,14 Pr111i , F1[1© File Edit Record Navigate Form Reports Format Tab Help 1 J /a< l /J - ' 8 1 4 S J • I , i. i 7i1 A. lump 1 . / III : 4 14 i E Routing Status Fees !Fee Summary Main Actions !Attachments ! Routing History Valuation Arch /Eng Custom Fields ! Sub Permits 1 / Permit type aslu Aspen Land Use Permit # 00302011.ASLU a h Address 465 N MILL Apt /Suite ° o City ASPEN State 00 Zip 81611 cr ° x Permit Information Master permit Routing queue aslu07 Applied 5141 0 7. Project Status pending Approved ,— y Desc APPEAL OF COMMUNITY DEVELOPMENT DECISION Issued Final Submitted MIKE KUBASIEV,1CZ 9251061 Clock Running Days 0 Expires 4128!2012 Submitted via Owner Last name DAELL PRO, INC First name h+11KE 456 NORTH ML ASPEN CO 81611 Phone (970) 925 -1061 Address Applicant 5 Owner is applicant? ❑ Contractor is applicant? Last name DWELL PRO, INC First name MIKE 456 NORTH ML ASPEN CO 81611 Phone (970) 925 -1061 Cust # 29013 Address Lender Last name First name Phone () - Address •1 Displays the permit lender's address AspenGold5 (server) angelas ® 1 of 1 . :; 1 AlA/VAAA 7 c t 9-- )C hrA, COV/I c.v. c L1 0 C r ch \ . `o . ioy-i b 1 CITY OF ASPEN e r Permit Receipt TECHNOLOGIES RECEIPT NUMBER 00029538 Account Number: 29013 Date: 5/4/2011 Applicant: MIKE DWELL PRO, INC Type: check # 1104 Permit Number Fee Description Amount 0030.2011.ASLU Aspen Land Use App Fees 735.00 Total: $735.00