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Home My WebLink Aboutlanduse case.boa.300 Puppy Smith St.0003.2006../ THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER PARCEL ID NUMBER PROJECTS ADDRESS PLANNER CASE DESCRIPTION REPRESENTATIVE DATE OF FINAL ACTION 0003.2006.ASZ0 2737 07 3 52 001 300 PUPPYSMITH STREET TODD GRANGE BOARD OF ADJUSTMENT HASSEN DAGHER 12/06/2007 CLOSED BY Angela Scorey on 03/25/2009 ~fi~F ~ AQ-~~c~1A-L, .., ,... w .. Eae E~ B«ord yavreate Fmn aopais Pa(net ia6 Help ,] ~ a ~: ~~~ r~ °=1 ~~ ~J ~fi c ~ __ . Man CRolRng Status '... Fee SumwY . _„i r _~ _ _ .. a _ L~liarrcrc RoutmgHWay ,, ""1 .~ 5~ amp 1 .- ~; _ a~ :> _~...._..._._... _....' ~ Petrrel Type '*' Pamd It ~B3.2006.A520 ~ ; Address 3W P4F~Y SMITR 5T _ s7 ApVSute ~~ RR gx ,. 0Ay y,SPEN Stac7~~ Zp tbli __7 ,Q -Perri Irdamatan _.... ..... ...._ _ .. ... ._ i. Massa Pmmd._.~ _~ ~_....m_P.e. «~... Roulirq Queue +sio2 Appkd it1~i2~ 7 i z ptgaG i ~ ~-~~~~~~- ~ I Sixtus ;paw Appoved Oasc~tionjNNlT U2[N BOARD OFADJUSTMENT Issued ~ „ I ~° --`-`°'- Fx~al I ... SuMraeed NASSEN DAGHEfl 9259933 C~ek Ruiriy Days ExWes 12)IXi12007 Owner. ::: :: ... ::: :::. Last Name ~pgt}~a ~ '~ Fnst Name XMAS N ~~ 350 S ORIGINAL ST '. 2 Phone ~(97f1)925~9433 SPEN 0061617 n+mris Applicant? ,.i "i O A ^ ~ ~I; LastNM4 IDAAGHEa __.~___..__ ______; fxct Name NASSEN~~~~_-~~~~~450 SS ORIGIPWLSi 2 _ _ Ptwna it976j 9259433 0uslri k273a8 ___._ ._________...~..,_.:'J'i ASPEN Lb 61671 Lender ..: Last Nane ~ _ ..,._.~~.. rv ~ Fes[ Name j _ Phone ~ _ ..__.. ._ _..... 1 ___. .... al~lr . a~oa _, 2, _..., __ DOEHLING & DRISCOLL, P. C. Attorneys at Law 628 Rood Avenue, Suite 3, Grand Junction, CO 87501 (970) 241-9370 (Phone) (970) 245-7902 (Fax) ieffCa?edidlaw.com (E-Mail) April 18, 2007 John Worcester Peggy Carlson City of Aspen 130 South Galena Street Aspen, CO 81611 Sue Eisenhoffer CIRSA 3665 Cherry Creek North Drive Denver, CO 80209 Re: Member: City of Aspen Claim No: 5005594 Loss Date: March 21,2007 Adverse: Hassen Dagher, Hoss Fitness Dear Mr. Worcester, Ms. Carlson and Ms. Eisenhoffer: A hearing was held with the small claims court magistrate this morning. Mr. Dagher is presently in a Cleveland, Ohio hospital and appeared by phone. Mr. Dagher joined in the request that a trial be continued pending resolution of our motion to dismiss based on immunity grounds. The magistrate explained to Mr. Dagher that the City asserted a defense of immunity, that it was his burden to prove immunity is waived, and that the City will be entitled to recover its attorney fees if Mr. Dagher does not prevail. Mr. Dagher has been given until May lOt" to consult with an attorney and provide a response to the motion to dismiss. Another appearance is scheduled for May 16t", at which time a date will be scheduled for an actual hearing on the motion. There will be no need for any witnesses to be available from the City on May 16th. Mr. Dagher indicated he will contact me this after he has had an opportunity to cons I anticipate prevailing on our motion on the our response to the complaint. Nonetheless, if you wish to offer Mr. Dagher anything for claim, such as a return of his appeal fee. to further discuss ilt with an attorney. grounds specified in please let me know compromise of his RECEIV~t APR 1 9 zu~r ASY~i; et~a~c ~pd~~G-~ Mr. Worcester/Ms. Carlson/MS. Eisenhoffer April 18, 2007 Page 2 Please call me if you have any questions or if I can provide you with further information at this time. Sincerely, DO~EHLING & DRISCOLL, P.C. ~\ 1 ~~~ ~~ ~~errrey L. Driscoll JLD :;c: Joyce P.llgaier, Todd Grange \ / Mr. Anthony Mazza 205 South Mill Street Suite #301 A Aspen, CO 81611 Mr. Hassen Dagher 300 Puppy Smith Street Aspen, CO 81611 February 26, 2007 Re: Hoss Fitness Dear Mr. Mazza and Mr. Dagher: r#~ THE r~iTY l1F AGPFN This letter shall serve as official notice to you that the City of Aspen no longer finds that the Hoss Fitness & Tan business is a zoning violation in its current location at 300 Puppy Smith Street. Therefore, there is no decision upon which an appeal may be based by Hoss Fitness and Tan. We have removed the appeal hearing from the Boazd of Adjustment agenda and will provide Mr. Dagher with a refund for his appeal application. ~:'e apologize for the confusion this has caused, your concern and time. Based upon new information that was discovered on Friday, February 23, 2007, by the Zoning Officer regarding a Specially Planned Area Amendment (SPA) that applies to the subject property (Trueman/Aspen Company SPA) we aze able to make this finding. More specifically, pursuant to City of Aspen City Council Ordinance No. 8, Series of 1996, (Attachment A) we are able to find that the Hoss use (as described his letter attached with no date, Attachment B) qualifies as a "health and fitness facility, spa and similaz activities, and instructional or performing arts studio with no performances" as stated in the Land Use Code. Ordinance No. 8 goes on to say in Section 1 (5) that if the applicant (property owner) shall maintain 10,000 net leasable square feet for "service related retail" uses, then the remaining square footage may be utilized for NC (Neighborhood Commercial) uses. The current uses under the City of Aspen Land Use Code in the NC Zone District now allows for "health and fitness facility, spa and similar activities, and instructional or performing arts studio with no performances". These uses in the NC Zone District have actually become more permissive than what was allowed historically in the Trueman/Aspen Company SPA. Again, I apologize for the time and confusion this matter has caused you. If in the future, your tenants or use of your property changes, please utilize Ordinance No. 8, Series of 1996, and the current City of Aspen Land Use Code to guide you and potential new tenants. If you have any questions, please feel free to call me at 429.2754. f~ I30 SOUTH GALENA STREET, ASPEN, COLORADO 81611-1975 PHONE 970.925.5090 FAX 970.920.5439 ~.. ... Regards, , ~J~.~'~ Joyc A. Allgaier , Deputy Director, Community Development City of Aspen Attachments: A: City Council Ordinance No. 8, Series of 1996 B: Hoss Fitness and Tan letter (undated) Cc: File John Worcester Todd Grange 130 SOUTH GALENA STREET, ASPEN, COLORADO 8161 ]-1975 PHONE 970.925.5090 FAx 970.920.5439 r^ .,. ,~'' ORDINAi~1CE NO. 3 (SERIES OF 1996) AN ORDINANCE OF TIIE ASPEN CITY COUNCIL GRANTING A SPECLiLLY PLANNED AREA AIVIENDbIENT FOR THE TRUENLAN/ASPEN COMPANY TO ADD SEVERAL NEW USES TO THE APPROVED SPA PLAN WHEREAS, the Trueman/Aspen Company, as represented by Phil Bloemsma, submitted an application for an SPA amendment to the Planning Office; and WHEREAS, the applicant has requested that 17 uses be added as permitted uses to Lot 1 of the Trueman Subdivision pursuant to the SPA amendment procedure of the Aspen Municipal Code; and WHEREAS, a duly noticed public hearing was held by the Aspen Planning and Zoning Commission on June 6th and Tune 20, 1995 to consider the application for SPA amendment; and WHEREAS, the Commission recommended approval fora "florist" to be added to the conditional uses to be considered for the Trueman SPA and to maintain the existing balance of SCI and NC uses within the project by a 4-3 vote. WHEREAS, the Aspen City Council having considered the Commission's recommendation for an SPA amendment at public hearings on March 25, April 8 and August 12, c' 1996, finds that certain new uses may be permitted on Lot 1 of the Trueman Subdivision and be consistent with the requirements of the Municipal Code and with the underlying zoning of the project. Council also regarding space; and WHEREAS, Council has clarified the 1976 approvals by specifying "service related retail" uses, and by finding that restricting the affordable housing units to long-term rentals does not require a deed restriction and that the City does not intend to construct a sidewalk along ,Puppy Smith Street at this time and that the owner will be required to participate in the cost of construction of a sidewalk,. if and when the City determines it is desirable. NOW, THEREFORE, BE TT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN,COLORADO: ect~ The following uses aze considered approved as "service related retail" uses on Lot 1 of the Trueman Subdivision SPA: '-'-'------ Bakery Barber & beauty shop Builders supply Cabinet sales & repair CarpeUflooring shop Catalogue sales Catering service Arlo A •+ ' Craft industry Dry Cleaning Eqnipment and goods rental {excluding sporting goods rental) Furnihue store Hardware and home repair shop Key shop Laundromat Paint supply shop Plant supply and florist Pet supply shop Plumbing service and fixture sales Printing and publishing Radio station Shoe repay Small appliance repair and sales Television service and sales 2. The following uses be added to the uses currently permitted by right on Lot 1 of the Tn~eman SPA: Secondhand store Office supply _ Children/toy store Bookstore Appliance store Arts and crafts supply store 4. Lot I may have the .permitted uses listed for the NC and SCI zone districts and is subject to conditional use review for the uses listed as coridi6onal uses in these zones. 5. In order to maintain the balance of NC and SCI uses in the project the applicant shall maintain at least 10,000 net leasable squaze feet for "service related retail" {SCI) uses on Lot 1. The remaining net leasable square footage may be ufilized for NC uses. 6. The applicant shall file a new SPA agreement with the City of Aspen within I80 days from the date of approval by City Council. Failure on the part of the applicant to record the final development plan and SPA agreement within a period of 180 days following its approval by city council shall render the plan invalid. ecti n 2: That the City Clerk be and hereby is dtrected, upon the adoption of this ordinance, to record a copy of this ordinance in the office of the Pitkin Connty Clerk and Recorder. ec r If any section, subsection, sentence, clause, phrase or portion ofthis ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such provision and such holding shall not affect the validity of the remaining portions thereof. Section 4: Nothing in this ordinance shall be construed to affect any right, duty or liability under any ordinance in effect prior to the effective date of this ordinance, and the same' shall be continued and concluded under such prior ordinances. Secti A public hearing on the Ordinance shall be held on the 8th day of April, 1996 at 5:00 P.M. in the City Council Chambers, Aspen City hall, Aspen, Colorado, fifteen (I S) days prior to which hearing a public notice of the same shall be published one in a newspaper of general circulation within the City of Aspen. IN'T'RODUCED, READ AND ORDERED PUBI,tISHED as provided by law, by the City Council of the Ciry of Aspen on the a~ day or ~~~ 2~,~_ , i996. ~" °~~' ~~ John )~'ennett, Mayor ATTEST: ~~`'`~'J 'A"nD~ Kathryn 5. I~ h, City Clerk FINALLY, adopted, passed and approved this '1°2 day of i~~, 1996. ~~-~=-~ John'~3ennett, l~fayor ATTEST: Kathryn S. J4bch, City Clerk ,,,i ~~; ~-°~ -°~ ~. ; To whom it may concern, I am in compliance with zoning regulations at 300 Puppy Smith St., suite 209. In the city of Aspen land use code, 26.710.160, the SCI zoned area allows fora "Rehearsal or teaching studio for the creative, performing, or martial arts with no public performances. This shall permit a yoga/pilates studio but prohibit medical Ginics and fitness clubs." 1 offer no medical services. Martial arts and yoga is the basis of the functional training 1 provide. As neccesary, I utilize calisthenics and plyometrics to aid in instruction. My studio has no machines, no memberships, no locker roam, and no customer is allowed to workout on their own, therefore, Hoss Fitness is not a "Fitness club". My instructors and I teach one on one and in small groups, as in any martial arts or yoga/pilates studio. My studio is not a spa. I have one tanning booth. I offer no spa services. 1 do not have plumbing in my space. The tanning booth and changing room occupy less than thirty of the three hundred and fifty-five square feet my studio occupies and is used by an average of five people a day. Sincerely, ~~ ~~ Hassen H. Dagher Owner of Hoss Fitness w Todd Grange From: Joyce Allgaier Sent: Wednesday, April 11, 2007 8:30 AM To: Todd Grange Subject: FW: Puppy Smith FYI-Please copy and put in the violation file. Thanks. Joyce A. Allgaier, AICP Deputy Director ~ Community Development Dept. City of Aspen ~ 130 South Galena Street Aspen, CO 81615 970.429.2754 ~ vdww aspenpitkin.com From: Debbie Roberts [mailto:queen@theaspencastle.com] Sent: Monday, March 19, 2007 1:20 PM To: Joyce Allgaier Subject: Puppy Smith Joyce - The information you have requested is as follows: Ace Hardware 7,846 square feet plus Mail Boxes 2,282 square feet Sashae Floral 1,000 square feet Tony Mazza 11,128 square feet __ Page 1 of 1 4/11/2007 ~ Page 1 of 1 ,,,.. ,. Joyce Allgaier From: Joyce Allgaier Sent: Monday, February 26, 2007 1:02 PM To: 'queen@theaspencastle.com' Subject: FW: Net Leasable at "Clark's" One more try! Joyce A. Allgaier, AICP Deputy Director j Community Development Dept. City of Aspen ; 130 South Galena Street Aspen. CO 8161,5 970.429.2754 ~ www.aspenpitkin.com From: Joyce Allgaier Sent: Monday, February 26, 2007 12:59 PM To: 'queen@aspencastle.com' Subject: Net Leasable at "Clark's" Dear Debbie, Mr. Mazza requested that I contact you so that you can itemize the amount of net leasable square footage that is contained within the Trueman Building (aka Clark's Market Building) that is occupied by the following types of uses listed below. Net leasable does not include stairways, corridors or common areas. Bakery Builders Supply Hardware and home repair shop Plumbing service Paint Supply Arts and crafts supply Office supply Bookstore Plant supply and florist I am assuming this would include all of the net leasable used by Ace Hardware, Mailboxes Etc. and the space the Shoe's used to occupy. If there is a bakery associated with Clark's that could count too. Thank you for your assistance with this matter. Joyce Allgaier Joyce A. Allgaier, AICP Deputy Director i Community Development Dept. City of Aspen ~ 130 South Galena Street Aspen, CO 81615 970.429.2754 ~ www.aspenpitkin.com 2/26/2007 [~ THE CITY OF ASPEN BOARD OF ADJUSTMENT APPLICATION PACKET DATE ~ ~ " ~ C 20 C CASE# APPLICANT ~~ns S ~l l Y\ E ~ S MAILING a . ~ OWNER ~/,~.5)C/) ~GiG~Ne/' MAILING ~. PHONE ~~(~) ~ •ZS`-~/G/ 7j3 PHONE~~170~ q ~ S° / ~~3 3 .~ ~, ~'~ D I LOCATION OF PROPERTY ~ ~~~ 1" ~~ {~ ~ ~/ ~~ i f G~ ,~/ G1 (Street, Block N m er and Lot Number) /~j r p,, ~ . ~ j,,., + ~ J t'. WILL YOU BE REPRESENTED BY COUNCIL? Yes No /' Tr~'•a.nw ~y'F 1. Below.di~ys clearly the proposed Ye~isaee, including all dimensions for the~eer~at~ee (additional paper may be used if necessary). The building permit application and any other information you feel is pertinent should accompany this application, and will be made part of this case. ll~~ /~~~ ~ust~k~ss ~'S !n CuY~p~~~n~e w~T~ 5 ee ~'N-~~h~d. (' 2 Gj v~ ~ c~~ ~' i o v. ~ . .v t a~37c~T~5 Zc~o l Zo~1~11 Applicant's Signature /Ci~ ~~-- REASONS FOR DENIAL OF BUILDING PERMIT, BASED ON THE ASPEN CITY CODE, CHAPTER 26. AN OPINION CONCERNING THIS VARIANCE WILL BE PRESENTED TO THE BOARD BY THE ZONING DEPARTMENT STAFF DATE PERMIT DENIED OFFICIAL DATE OF APPLICATION HEARING DATE RETAIN FAR PERFAAtdENT IC€COitD Mr. Anthony Mazza 205 South Mill Street Suite #301 A Aspen, CO 81611 September 6, 2006 ~ ~, Re: SCI Zone District Violation Dear Mr. Mazza: THE Crn OF ASPEN It has come to my attention through an advertisement placed in the newspaper as well as by a citizen complaint that there is a fitness and tanning business in the Clazks Mazket building on the main floor. This use is considered a "Service Use" and is not permitted in the SCI zone district. This use would be permtted in any zone district that lists "Service Uses" as a permitted use in the zone district. The use would be allowed in the Commercial Core (CC) zone district, the Commercial (C-1) zone district, the Neighborhood Commercial (NC) zone district, and the Mixed-Use (MU) zone district. "Service Use" is not a permitted use in the SCI zone district. The purpose statement of the SCI zone district states that the intent of the district is to insure that businesses or services associated with the manufacture and servicing of consumer goods are maintained within the city. The district is not intended to provide areas for personal services. In contrast, the permitted uses within the SCI zone district allow for uses that relate to manufacturing of a consumer good or services to a consumer good (such as auto repair, fumiture/appliance repair, electronic repair, locksmith), The Hoss Fitness & Tan business does not fit this allowance. Furthermore; the Hoss business which utilizes yoga and martial arts as a fitness modality does not qualify as martial arts/yoga/pilates studio which is specifically called out in the SCI district as an allowed use. This business is considered a zoning violaton. I also must inform you that failure to correct this violation of the City's Code can result in a citation into Municipal Court and fines of up to $1,000 per day. I am sending this letter to fully inform you of the City's requirements, procedures and consequences. Your immediate compliance of this matter would be much appreciated. If you have any questions, please call me at 429.2767. Regards; ~r~ Todd Grange ~~~~ Community Development, Zoning Officer City of Aspen Cc: HassenDaghaz 130 Sourx GALENA Sr[usr, ASPEN, COLORADO 81.611-1975 PxoNa 970.925.5090 F.4x 970.920.5439 ~,. Mr. Grange, This letter is to help explain why i am in compliance with zoning regulations at 300 Puppy Smith, suite 209. In the city of Aspen land use code, 26.710.160, the SCI zoned area allows for a martial arts or yoga/pilates studio. I am a martial arts and yoga instructor that utilizes calisthenics and plyometrics to aid in instruction. My studio has no machines and no memberships. I teach one on one and in small groups. The term "Health /Fitness Instructor" in my ad is the name of the certification I hold from the American College of Sports Medicine, not a description of what kind of instruction I perform. My studio is not a spa. I have one tanning booth. I offer no spa services. I do not have plumbing in my space. The tanning booth and changing room occupy less than thirty square feet and is used by an average of four to five people a day. Please come down to my studio and see for yourself why I am in compliance with zoning regulations. Sincerely, '~~-~~ Hassen H. Dagher Owner of Hoss Fitness '.~ ~ z ~°' d'+~ "~ ~~~~ v, _ w ~,, U1 d7 ~ ~ 4. ~ ; ~ " c N W U m o ~i o ~ ~ z y ~ ~ ~Y y a' w ._ .. ~ mq 3 L L ": ~` Q e < a Q m o a C Q G o 4 ~/~ yd ~ y v u" d a M m 4+ o x ^ e v ex ~ . i C G Y ~ q 0 w w . o O ~ ~ 6 ~ ~ n m x e y ~. V x .° s ,~ a O O fLl ..0 r o- .n m m m m N O a M1 ~" 8 ~Z S E J ` Z m ~' N _a 9 m u E 0 0 0 r m 2 m LL T M LL a . ~ y t i _____ ;1 .~ a -6 ° `° m c~ oLLp d x mm Z ~ W LLa~a w °o [C V ~ N 1~ 6~ _ a ~ '~`~' IV +L S {L~ii~~ ~ `~ a c~ _ m ~ _ ~, 1 ~ __ _. ~° T J U C W 6 ` W ~ `~. ~ (,\ll ~ ~ o a ~ ~~ .. a ~ ~ _~ ~ Q z- i ,.~~, -~, `,s ,/ Mr. Grange, This letter is to help explain why i am in compliance with zoning regulations at 300 Puppy Smith, suite 209. In the city of Aspen land use code, 26.710.160, the SCI zoned area allows for a martial arts or yoga/pilates studio. I am a martial arts and yoga instructor that utilizes calisthenics and plyometrics to aid in instruction. My studio has no machines and no memberships. I teach one on one and in small groups. The term "Health /Fitness Instructor' in my ad is the name of the certification I hold from the American College of Sports Medicine, not a description of what kind of instruction I perform. My studio is not a spa. I have one tanning booth. I offer no spa services. I do not have plumbing in my space. The tanning booth and changing room occupy less than thirty square feet and is used by an average of four to five people a day. Please come down to my studio and see for yourself why I am in compliance with zoning regulations. Sincerely, '~ ~~- Hassen H. Dagher Owner of Hoss Fitness _, f iJ 1~ HbSS FITNESS Hassen H. Dagher- American College of Sports Medicine Certified Healfh/Fitness Instructor ~ Astunga Yoga Instructor CerN6cation ;r 12443 :: • The Best 1'an in Town! TYy the~Peacock! • ~astei• Tanning -(Only 9 Min.) • Coo18i Comfortable Sanitary Vertical Design iltii'St ~'8lning .SeSS10R . is always FREE ~ :f . n ' ..t -~. ... _ r. - l ~~. (n S V W ~ ~ 3 ~ iD a W e O N O (~ M M n ~. 9 ~ ~ ~ C~ s "' ~E~ c ~ °e C . `/ H C1 s ~ •r m ~ ~ ~ ~ M Y ° ~ ~ e ~ o ~ ~ ~ M V -0 • O~ C r U ~ O ' i N ~ ii E w _ O~ ~ O O .. e ~ n 6~ _ ~ x ~. y l AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: ~[~~(~P'P7 S~j 1 ~ ~lc~t ~~~CJ g ,Aspen, CO SCHEDULED PUBLIC HEARING DATE: ~" V Y , 200 7 STATE OF COLORADO ) ss. County of Pitkin ) h a ~ ~_ Gv?-,av cam- (name, please print) being or representing an Ap icant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: V Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. _ Posting of notice: By posting of notice, which form was obtained from tl~,e Community Development Department, which was made of suitable, 1 waterproof materials, which was not less than twenty-two (22) inches wi~e 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 io the public hearing and was continuously visible from the day of _ , 200_, to and including the date and time of the public ia~ritT~:w4`photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Comdr tit Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifeen (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. '~'~/~.l11~ Signature The foregoing "Affidavit of Notice" was acknowledged before me this ~ day of ~.0~ /u,a,nn , 200~by ~y1dcE ~ f ~Cw WITNESS MY HAND AND OFFICIAL SEAL PUBLIC NOTICE NOTICE OF PUBLIC HEARING Ctly of Aspen BOvtl of AtlluslmerNs sen 300 is Has ,tetl of All correspontlence antl questions shoultl ba tli rectetl to Totltl Grange, Zoning Officer O A29-2767, or totltlg Oci.aspen.co.us at the City of Aspen Commun8y Gevelopmenf Dept. 130. South Galena Btreet, Aspen, CO 81812. Heatl, Chairmen Ciry b of AtljuslmeMa Publiahetl in fhe Aspen Times Weekly on February 11,200].(15]180) My commission expires: Public ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) D ~.'^~~. ...1 ~.~.p(.~?/.~~. L~-~t-i1P3't LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BYMAIL ., ATTACHMENT? AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.3p04.060 (E), ASPELN/LAND USVE CODE ADDRESS OF PROPERTY: J O O / ~4,p p I/ v ~ t / ~'1 ~ #'Z ~a As en, CO P SCHEDULED PUBLIC HEARING DATE: 3 J I , 2002 STATE OF COLORADO County of Pitkin ss. I /7Gt S S ~/'1 D ~ g !~2/~ (name, please print) being or representing an Applicant to e City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner:. Publication of notice.• paper or a pa er L're the public hearing. A copy of the publication is frftee:, (15) 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 pri r to thF public hearing and was continuously visible from the I day of ti~rrh , 2002, 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 (I S) 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 appeazed 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 attache Jie ~n"~~"~ ~ ,,. (continued on next page) FEB 1 4 2007 ~,;j.:_; 3UII i!NG nFP~,RT!!~Eh' r i, ,~ Rez 'ng or text amendment. Whenever the official zoning district map is in any way be changed or amended incidental to or as part of a general revisit of this Title, whenever the text of this Title is to be amended, rt~uch revision be made repeal of this Title and enactmen ew land use regulation, or otherwis , e requirement o ccurate survey map or other sufficient legal description o , notice to and listing of names and addresses of owners prope the area of the proposed change shall be waived. ever, the proposed zon ap shall be available for public ins n in the planning agency during all bu ' s hours for fifreen (15) days nor to the public hearing on such amendments. Signature ' The foregoing "Af i avit of Notice" was ac owledged bef me tlys ~jlj day of ~~ ., 200 7, by `l~-~~~i2 Q~s ~- WITNESS MY riiiNu ANA OFFICIE:L SEAL M commission ex fires: ~I ' ~ 1 a o ~ Y P z' _--- Notary Public ATTACHMENTS: PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BYMAIL ~l FEB 1 4 2007 ,,~~ .. o! ll! nEtir, ncP~P7~as=pr~ ";,, .. ti ~.. ~:~~" w, -.a'' ~ ~ i I ~! I 1 i I I !! ~ ~ ~ I ~ i I I{ f 9: I I I ~ ~ ~ ~ cam) I i i ~ I _ f~L1 ~ I '~ .. • d ~ ^.7. :, Y ~ +r_~s c ,.~.,. .~. - Easy Peel Labels i r-, • ~ See Instruction Sheet; -~ aA~Ry®5160® Use Avery®TEMPLATE 5160® ® ~ f Paper .~• for Easy Peel Feature's 1 '225 N MILL ST LLC AMATO JOSEPH A ASPEN CENTER FOR ENVIRONMENTAL ' X25 N MILL ST PO BOX 503 STUDIES ASPEN, CO 81611 HIGHLAND MILLS, NY 10930 100 PUPPY SMITH ST ASPEN, CO 81611 ASPEN CONSOLIDATED SANITATION BERKO MIRTE 71.165% 565 N MILL ST PO BOX 360 ASPEN, CO 81611 ASPEN, CO 81612 BEYER ALAN R 410 N MILL ST B-11 ASPEN, CO 81611 BLU VIC LLC BRUMDER WILLIAM G FLORIDA LAND CITY OF ASPEN TRUST 68 TRAINORS LANDING RD C!O THOMAS FITZGERALD SEGERDAHL 130 S GALENA ST ASPEN, CO 81611 8 CO ASPEN, CO 81811 250 E W ISCONSIN AVE #800 MILWAUKEE, WI 53202 COMMUNITY BANKS OK COLORADO CROW N LAURIE J 210 N MILL ST 414 N MILL ST ASPEN, CO 81611 ASPEN, CO 81611 EVERHART-NELSON SYSTEMS FROST PROPERTY LLC ANALYSTS LTD 2950 E BROAD ST PO BOX 10207 COLUMBUS, OH 43209 ASPEN, CO 81612-7318 HODGSON PHILIP R 50% INT HOROWITZ JAMES M 212 N MONARCH ST 110 E HALLAM SUITE 104 ASPEN, CO 81611 ASPEN, CO 81611 KLEIN HERBERT S 8 MARSHA L KRABACHER B JOSEPH 8 SUSAN S 201 N MILL ST #203 201 N MILL ST STE 201 ASPEN, CO 81611 ASPEN, CO 81611 LIGHT HOLDINGS LLLP LIPSEY WILLIAM S 733 13TH ST 414 N MILL ST BOULDER, CO 80302 ASPEN, CO 81611 MARTIN MICHAEL S MOORE KIMBERLY K 4150 IRVING PL PO BOX 11919 CULVER CITY, CA 90232-2812 ASPEN, CO 81612 NEWSON LLC NORTH MILL VENTURES LLC C/0 DANFORTH C/O PROVINE JOHN R PO BOX 1863 PO BOX 8769 ASPEN, CO 81612 ASPEN, CO 81612 Etiquettes fatties h paler lltilise>! In eeharit AVERY®5160® Sens de charnement DRACOINC A COLORADO CORPORATION PO BOX 8904 ASPEN, CO 81612 GARWOODJANET PLETTS SARAH A AS JT TENANTS PO BOX 3889 ASPEN, CO 81612 HOTELJEROMEINC C/O EVEREST CHRISTY G 9000 N BROADWAY OKLAHOMA CITY, OK 73114 CARSON KARL G & M MADELEINE PO BOX 8207 ASPEN, CO 81612 MADDEN WALTER ROSS 37.5% PMB 101 300 PUPPY SMITH #203 ASPEN, CO 81611 MYRIN CUTHBERT L JR 37.5% 300 PUPPY SMITH ST #203-101 ASPEN, CO 81611 ORTEGA G RICHARD 414 N MILL ST ASPEN, CO 81611 Consultez la feuilie vuww.averywm d'ineTnvfinn t.Rnn.f.'(1.AVFRV • Easy Pee9 Labels Use Avery® TEMPLATE 5160® e •PACE LINDA MARIE ' 445 N MAIN AVE SAN ANTONIO, TX 78205 PITKIN COUNTY 530 E MAIN ST STE 302 ASPEN, CO 81611 !A ~ ~,_, • ~ See Instruction Sheet i Qi ~A~RY®5160® 1 ® 1 8 Paper for Easy Peel Feature PAR2YBOK WILLIAM G JR TRUSTEE PEMBER WILLIS & SARAH P 14023 220TH AVE NE PO BOX 8073 WOODINVILLE, WA 98072 ASPEN, CO 81612 REIDSCROFT PARTNERSHIP PO BOX 10443 ASPEN, CO 81612 SEGUIN WILLIAM L & MARILYN SGROI JEFFREY A PO BOX 4274 0284 LIGHTHILL RD ASPEN, CO 81612 SNOWMASS, CO 81654 TEAGUE HENRY B US POSTAL SERVICE 412 N MILL ST WESTERN REGION ASPEN, CO 81611 SAN BRUNO, CA 94099 ~tiquettes faclles rl paler Iltilicw~ Iw nah»rit CVER1/® 5960® Sens de ehareemwM S & A EQUIPMENT COMPANY SCOTT CARSON GENERAL PARTNER PO BOX 910 PEWANKEE, WI 53072 SODERLING LIVING TRUST 533 E HYMAN ASPEN, CO 81611 WELLS FARGO BANK C/O DELOITTE TAX LLP PO BOX 2609 CARLSBAD, CA 92018 Gonsultez la feullle www.averycom d'inefmninn 1.Rnn.ff1_AVERV ,.,, NOTICE OF PUBLIC HEARING City of Aspen Board of Adjustments NOTICE IS HEREBY GIVEN that a public heazing will be held on Thursday, March 1, 2007, at a meeting to begin at 4:00 p.m. before the Aspen Board of Adjustments in the Council Chambers, City Hall, Aspen, Colorado, 130 South Galena Street, Aspen. The hearing is for an appeal of the Zoning Officer's determination finding that the use of property located in the Service/Commercial/Industrial Zone District (S/C/I) for use as fitness service business is not permitted per the Land Use Code, Chapter 26, of the Municipal Code. The applicant/owner is Hassen Dagher and the subject property is located at 300 Puppy Smith Street. All correspondence and questions should be directed to Todd Grange, Zoning Officer @ 429-2767, or todda,c~ ci.aspen.co.us at the City of Aspen Community Development Dept. ]30. South Galena Street, Aspen, CO 81612. slRick Head. Chairman City of Aspen Board of Adjustments Published in the Aspen Times on Feb. 11, 2007 City of Aspen Account y. ~~,. FEB 1 4 2007 EXHIBIT A This exhibit illustrates the 23 uses approved in the 1976 approval process that are considered "service related retail". Next to each use staff has indicated whether the use is permitted or conditional in the NC or SCI zone districts. Not listed is used if the use is not listed in either of these nines. Bakery -commercial bakery permitted nse SCI Barber & beauty shop - NC permitted use Builders supply -SCI permitted use Cabinet sales & repair -SCI permitted use CarpeUflooring shop - NC conditional use Catalogue sales -SCI conditional use Catering service -not listed Craft industry -SCI permitted use Dry Cleaning - NC permitted use Equipment and goods rental- SCI permitted use Furniture store -not listed Hardware and home repair shop - NC conditional use Key shop -not listed Laundromat - SCl conditional use Paint supply shop - NC conditional use Plant supply and florist -not listed Pet supply shop -not listed Plumbing service and fixture sales -SCI permitted use Printing and publishing -SCI permitted use Public health and exercise facility -not listed Radio station -not listed Shoe repair - NC permitted Small appliance repair and sales -SCI permitted Television service and sales - NC permitted Of these 24 uses, twelve are currently permitted in the SCI or NC zone district, five are conditional uses in the SCI or NC zone districts, and seven are not listed in these zones. Staff has provided the following analysis for the uses that are not listed in these zones as they are now considered permitted by right for Lot 1 of the Trueman Subdivision, with the exception of the public health and exercise facility. Bakery: A commercial bakery is a permitted use in the SCI zone district. There is currently a commercial bakery in the basement of the Clark's Market building. The difference between a commercial bakery and a is the ability for a bakery to have over-the-counter sales. Catering service: Catering service is not a listed use in any zone district. This may be appropriate use for the basemeut area as long as no on-site public sales is offered. Furniture store: Staff was recommending that a furniture store be added to the Trueman Lot 1 SPA amendment as a conditional use. Since furniture stores vary in orientation to their customers staff wanted the ability to review this use under the conditional use requirements. Key shop: Roger's Lock Repair has been in the center since 1979 and is appropriate for this location. Plant supply and florist: Staff was recommending that a florist be added as a permitted use to this SPA as it is consistent with the intent of the NC zone district. Pet supply shop: Staff was recommending that a pet store be a conditional use to see that it is oriented towards the local population. Public health and exercise facility: According to the minutes of the January 26, 1976, Aspen City Council meeting, the proposed public health and exercise facility was rejected by Council for approval on Lot 1 of the Trueman SPA. Therefore, although this use is listed on the uses proposed for the basement, it was rejected by Council and is not considered a permitted use for the SPA. Radio station: Staff has not considered this site for a radio station. Staff believes a radio station is more appropriate in the Office zone district or one of the commercial core retail areas as it is more related to office type use. L. ,. 2eke Clymer, fire departure old Council it was getting to be a probe.,. sl parking when 15 to 20 vehicles suddenly converge on the fire department for an emergency. Clymer asked if the City would consider converting part of the park along the east aide of the fire station for parking. Clymer said that daily for some reason, three or four fire- men come to the station to work and there is no place to park. Clymer said converting the park into a few parking places would not be expensive for the City. The fire district would stand any expenses; the fire department would donate time and equipment. Mayor Standley said he would rather than this under advisement and look at alternatives such as designating an official zone, or part of City Ballparking lot. Mayor Standley directed City Manager Mahoney to work with the fire department, get their requirements, work out a solution and bring it back to Council. ASPENVIEW - Aeapproval of final plat Mayor Standley explained this project conformed to zoning, there were no problems, the Council was reapproving the subdivision. Councilwoman Pedersen moved to reapprove Aspenview final plat subdivision; seconded by Councilman Parry. Councilwoman Johnston asked if there were any changes since the first approval. There were none. All in favor, motion carried. CLARENDON - Aeapproval of final plat City Attorney Stuller told Council there has not been a recorded and accepted aubdivisic agreement. Also the Clarendon anticipates an exchanges of deeds to clarify the western boundary. Council will have to authorize the Mayor to sign that deed. Councilwoman Pedersen moved to reapprove the subdivi eion plat and accept for recordation to authorize Mayor Standley to execute the subdivision agreement; and to authorize Mayor Standley to execute the quit claim deed; seconded by Councilman Parry. Councilwoman Johnston pointed out that there are several blanks in the subdivision agreement. City 8ttorney -Stuller said that Engineer Ellie had to calculate the amounts for escrow and dedication fees. Clarendon will accept Ellis' estimates for these figures. Councilwoman Johnston moved to amend the motion to include approval subject to the amounts being okayed by the City administration; seconded by Councilwoman Pedersen. All in favor of the amendment, motion carried. All in favor of the main motion, motion carried. TRUEMAN PROPERTY - Conceptual subdivision Kane told Council the P &Z had approved the Conceptual aubdivis ion with a general configuration of 23,000 square foot post office and 75,000 square foot general commer- cial building. The Council had tabled the conceptual subdivision at the last meeting and required that the plan be amended to reduce the size of the commercial building. Also required was that the balance of the property be reserved for future rezoning or mechanism that would allow the developers of the land to come back to Council and ask for further development. Porter's reduction is proposed to go from 75,000 square feet to 55,000 square feet, which includes 10,000 for housing. Kane recommended the 10,000 square feet for housing only if coordinated with the housing authority with some assurance that it be employee housing. Kane told Council there is 15,000 square feet of office space being proposed. The planning office is recommending, city-wide, that office space and retail/commercial be cut back. The planning office's general position is that if the developers feel this is a reasonable use of land, there should be some assurance that this is preserved as office space and not be converted into more retail. xane reminded Council there is a general downzon ing proposal pending before P d 2. One of the recommendations in this proposal is to take food stores from 20,000 to 15,000 square feet. 'The planning office is recommending that 5,000 square feet be sacrificed from this building, if the Council accepts a food store at 15,000 square feet. Joe Porter told Council this development is proposed 55,000 square feet; 5,000 square feet in the basement that will be health facility primarily for people that will use the building; 25,000 square feet of retail space; 20,000 square foot grocery store. On top of that 15,000 square feet of service and doctor office space; on top of that 10,000 square feet of housing. Porter said he had no problem going through the housing authority, or with the contingency on the office space. Porter said at the last Council meeting the Council had discussed phasing the original 75,000 square foot proiec t. Porter said they planned to phase the construction also, starting with the retail first. Councilman Behrendt asked for an explanation of the conceptual block plan with dotted lines. Porter replied those were future circulationplans, trail designations. These axe very conceputal. Councilman Behrendt asked by having a aubdivis ion with two lots, one for the poet office and one for the retail, isn't the Council opening itself up to pressure from the developer in the future. Kane said very definitely. Kane said the Council had felt that 75,000 square feet was too big, but maybe at some time in the future it would be justified. The planning office said to cut back the building but leave in the flexibility for future development on that site. Fire Dept. parking request ~ ~ I .J I Aspenview reapproval final subdivision Clarendon reapproval final subdivision _\ i iJ i Trueman property conceptual subdivision j ~ j Trueman ~ property j cont. i ~~ Trueman Prop. grocery store Housing i i 'L Councilman Behran lct said if they subdivide once, there is a right to. use that land implied Kane said if the balance of land were left undevelopedand made SPA, if would carry some bias for development. The planning office felt that the size of theproposed building represented too much retail use of the site. They recon®ended that the ei ze of the building be cut back and some other needed S/C/I uses be included on that site in the future. Kane said creating two specially planned areas would create a greater responsi- Ibility on the Council and P 6 Z to approve a development on that site in the future. City Attorney Stuller explained that if the developer were to parcel off lot 9, you would have an owner with no developable rights at all. Ma. Stuller said if the City has to request a dedication from that land for a right-of-way and it is under separate ownership, it would make it difficult. Mayor Standley said if the building were condo- minimized and the tenants were tenants-in-common of lot 9, it could be a problem. Porter said he wanted 55,000 square feet with no obligations on behalf of the developer or the City for anything in the future. When the need arises, the developer can come back through some predetermined process. City Attorney Stuller suggested when they develop the final plat to note that no development rights automatically pass to lot 9. Bob Grueter, representing Trueman, said he anticipated this land continuing to be a specially planned area. Councilman Behrendt asked what advantages ar_crued to the City to consider this development as a two lot subidivision. Ms. Stuller said the developer's disadvantage would be the dedication of open space. Grueter said they were not asking for condominiazation. Ms. Stul lez suggested then that they maintain lot 9 as open apace as an adjunct to lot 2 with no lot designation. Mayor Standley reiterated that if at some point in the future there was a need for further development, under SPA, the developer could come back for more development. The Council did not imply to come up with a subdivided piece of land that had a separate lot that could be sold. Mayor Standley auggeated that the Council deal with the building size at this point. Mayor Standley said Porter was asking for a 20,000 square foot market and asked if that included storage. Porter said that included everything,. storage, etc. Elmer Beamer spoke to Council about a 20,000 square foot food store. Beamer said the fermi lies of Aspen want a store with sufficient shelf apace to carry various ei zes of merchandise, where aisles era wide enough to carry through, and a store that is willing to handle their own brand of merchandise. Heamer ea id that everything points towards a reduction of traffic by having a large enough store with storage. The main traffic drawer will be the post office. If people can go to one storeand buy everything, one will not need to be trap sing all over town. Beamer told Council that one and a half million dollars were spent in Basalt and Glenwood with $50,000 salsa tax lost and one million mi lea driven on Highway 02. This could be prevented by having a store here with sufficient space to keep people here. Rene replied that the City Market in Glenwood ie 20,OO.D total square feet with 9,000 square feet storage and 3-9,000 accessory use. Rene said the planning office was suggesting 15,000 square feet as a way to control against accessory junk items. They are concerned about bulk and massing of the building. Rene said that cross town traffic could not be eliminated. Councilwoman Johnston asked if the post office would be located on this ai te. Irv Sherrick, U. 5. Post Office, told Council they were interested in the land. They do. have floating boundaries. This post office will replace the present two in town. Porter told Council that anybody that opened a grocery store in Aspen will not have to look for unique ways to draw people into the store. Porter said the planning office picked 15,000 square feet for a grocery store because they were concerned about massing; Porter said he could illustrate that the massing can be dealt with. Hans Gramiger questioned the allowed 62 parking spaces, and pointed out that normal Safeway procedure was to provide 3 square feet for parking, driveways, walkways, landscape per every square foot of building. Gramiger also pointed out that only one street would be serving this grocery store. Porter said they were not using the same kind of parking ratios as large cities, ere a number of people would be using the minibus or pedestrian system. Council decided they were ready to make decisions on the size of the market Councilman Behrendt moved to allow a 15,000 square foot total grocery store all inclusive. Motion died far lack of a second. Councilman Behrendt moved to allow a 20,000 square foot store all inclusive; seconded by Councilman Wishart. All in favor, with the exception of Councilmember Johnston. Motion carried. Councilman wiahart moved to allow 10,000 square feet of residence conditioned on going through Goodheim's office and it be tied up with the housing authority; seconded by Councilman De Gregorio. Councilman Behrendt said the purpose of the housing authority was to get property into the Wads of people that can't buy in this town. A rental plan does not protect that very group. Councilman Nishart answered by going through Goodheim it does not tle it to rental or sale, this is conceptually trying to keep it for these people. All in favor, motion carried. ~° ~ "~..r ••. s For the second floor uses, doctors and services offices, the planning office is recom- mending that they be covenanted to those .uses apecificed to stop creeping commercialism. i The planning office wants this space restricted to office only so that the P s Z will Trueman not be faced to conditional use hearings. Mayor Standley sai8 he would be willing to PLOP• I '~ accept 15,000 square feet of bona fide off ice and medical uses. Councilman Parry said cont. '~, he felt it should be open to what the need.is; Councilhas no idea what the need will i be. Mayor Standley pointed out that that nets up rating of uses; the deve3bpex. can '`,!. - rate other buildings in town. i Councilwoman Johnston moved that .Council determine the footprint of the building at this point; seconded by Councilman Behrendt. Counci lmambers Wiehart, Pedersen, Johnston Behrendt in favor; Councilmembers Parry, De Gregorio, Mayor Standley opposed. Motion carried. Councilman De Gregorio moved to accept a 25,000 square foot footprint; seconded by Councilman Parry. Planner Rane told Council it was irrelevant to diecusa footprint. This building will I. not be uniformly two or three stories. The uses. appropriate will make it a staggered ~ building; it could be 30,000 square feet on the fir et floor and only 5,000 square feet on the second floor. The Council will get two shots at the architectural design of this building. Everyone opposed. Motion NOT carried. ' Councilman Berhendt moved to reject 15,000 square feet for doctors and services; i seconded by Councilman Wiehart. All in favor, motion carried. ~. '. Councilman Parry moved to accept neighborhood/retail at 5,000 square feet; seconded by ~ Councilman Wishart. All in favor, motion carried. Councilman Behrendt moved to reject the health and recreational facility at 5,000 square ~ feet; seconded by Councilwoman Pedersen. Councilman Wishart questioned this facility. Porter said it would basically be handball ' court, and sauna for the people that live there. Councilman De Gregorio said he could see this becoming another health center; there axe two in town already. This would be increasing the value or coat of the apartments that the Council is trying to keep i as low-cost housing. Councilman Wiehart agreed, but said he was not opposed to a separate underground facility. i All in faVOr, motion carried. Tha Council has approved 20,000 square foot grocery store; 10,000 square feet of residential; and 5,000 square feet of neighborhood/retail, for a total of 35,000 square '~ ' feet. There is 20,000 square feet left unreaolVed. Rane told Council there was a fairly tedious procedures to go through regarding engineering questions. Council decided to consider this on the nett agenda. Councilman De Gregorio left Council Chambers. Irv Sherrick, U. 5. Post Office, told Council they were under a mandate from the Poet- maater General to study all alternatives possible to reduce capital expenditures. Sherrick said they might be able to drop the size of the building in Aspen to perhaps Trueman 19,000 square feet. Sherrick said the lack of capital funds does not affect the Prop. ! project in Aspen; their inters st ati 11 runs high. If anything does changes, Sherrick U.S.P,O, said he would contact the City. Sherrick said their parking would be adequate to:. ~ handle customers; they propose 95 customer parking stalls. ~. ORDINANCE #59, SERIES OF 1975 - Vacating Alley 92 ''~, Mayor Btandley opened the public heating. Mayor Standley told Council that the Ord.59,1975 Commissioners had gotten the requested easements from the adjacent property owners. There were no other comments. Mayor Standley closed the public hearing. Vacating Alley 92 Councilwoman Johnston moved to read Ordinance #59, 6eriee of 1975, on second reading. seconded by Councilwoman Pedersen. All Sn favor, motion carried. ORDINANCE #59 (Series of 1975) AN ORDINANCE VACATING ALL OF THE PLATTED ALLEYWAY LYING IN AND BETWEEN '. HLOCR 92, CITY AND TOWNSITE O£ ASBEN, AND BLOCK 19, EABT ASPEN ADDITIONAL TOWNSITE (LYING WESTERLY OF A.NORTHHRLY EXTENSION OF THE EAST LINE OF~ LOT 13, EAST ASPEN ADDITION) SAID VACATION BEING PURSUANT TO SECTION , 43-2-301, ET.6EQ, C.R.S. 1973 ,. AND BEING CONDITIONED ON RESERVATION OF RIGHT-OF-WAY FOR UTILITY LOCATION AND MAINTENANCE OF PUBLIC ACCESS TO LOTS ADJOINING TIC VACATED PORTIONS OF THE ALLEYWAY was seed by the city clerk. Councilwoman Pedersen moved tc adopt Ordinance #59, Series of 1975, on second reading; ~ ~ aeoonded by Councilwoman Johnston. Roll call vote; Counc ilmembera Behrendt, aye; ! Johnston, aye; Parry, aye; Pedersen, aye; Wishart, aye; Mayor Standley, aye. Motion carried. ORDINANCE #91, SERIES OF 1975 - Rezoning Thomas Property to C, Conservation ~ Mayor Standley opened the public hearing. There were no comments. Mayor Standley Ord.91,1975 closed the public hearing. '~, Rezoning Thomas Yrop. r^ °°~ ~.,s ., '~ NOTICE OF PUBLIC HEARING City of Aspen Board of Adjustments NOTICE IS HEREBY GIVEN that a public hearing will be held on Thursday, March 1, 2007, at a meeting to begin at 4:00 p.m. before the Aspen Board of Adjustments in the Council Chambers, ,City Hall, Aspen, Colorado, 130 South Galena Street, Aspen. The hearing is for an appeal of the Zoning Officer's determination finding that the use of property located in the Service/Commercial/Industrial Zone District (S/C/I) for use as fitness service business is not permitted per the Land Use Code, Chapter 26, of the Municipal Code. The applicandowner is Hassen Dagher and the subject property is located at 300 Puppy Smith Street. All correspondence and questions should be directed to Todd Grange, Zoning Officer @ 429- 2767, or toddg~a ci.aspen.co.us at the City of Aspen Community Development Dept. 130. South Galena Street, Aspen, CO 81612. s/Rick Head, Chairman City of Aspen Board of Adjustments Published in the Aspen Times on Feb. 11, 2007 City of Aspen Account r' M 8z W PROPERTIES SlnTE 301A 2O5 SOUTH MILL STREET ANTHONY J. MAL'LA ASPEN, COLORADO 81611 AREA COn F. 990 FRANK J. WOOI)8, 111 TEI.F,I'HON4: 925-603`2 Fnr 925-6995 February 7, 2007 City of Aspen Building-Planning-Zoning Department 130 South Galena Aspen, CO 8161 I Re: Hansen Dagher, d/b/a Hoss Fitness Gentlemen: Puppy Smith LLC, as owner and landlord of the Puppy Smith Building, in which Hansen Dagher is a tenant, has authorized said tenant to appeal the Zoning Officer's ruling that Mr. Dagher is in violation of the Zoning District. Very truly yours, ~LL %~~F~c-(i5~a1 Debbie Roberts For PUPPY SMITH LLC dr