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HomeMy WebLinkAboutlanduse case.boa.465 N Mill.appeal.0002.2007 THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0002.200¢ASZO PARCEL ID NUMBER 2737 07 3 00 048 PROJECTS ADDRESS 465 N MILL STREET PLANNER TODD GRANGE CASE DESCRIPTION BOARD OF ADJUSTMENT REPRESENTATIVE TIMOTHY G. REED DATE OF FINAL ACTION 12/06/2007 CLOSED BY Angela Scorey on 03/25/2009 App~~v~~ ~-o 801 o~ ~~- ,-., `, ~~ln'Go,~ 273?- 07-~^0 0_ o~ 200 Ej~ EdK Blcad tiav5~ Farm ReporSs Format Iab lisp Fee Permit Type aszo04 r Aspen Zoning Permit # 0002,2007.ASZO Address 465 N MILL ST ~ Apt~Suite #IB CRy ASPEN State CO Zip 81611 J Mastu Pumit ~ Routing Queue aszo2 Applied 01~31~2007 Project ~ Status pending Approved ~J Desviption BOA • APPEAL OF ZONING OFFICERS DECISION Iswed ~J Finai (-- Submitted TIMOTHY G REED Cock Running Days 784 Expires 01~26~2008 J w+nee - --- -- -- ----- -- --- ....._ Last Name REED ~ First Name TIMOTHY G 465 N MILL ST #IB Phone ~- ASPEN CO 81611 r Owner Is Applicant? n L .a _ ____._ _. ___ _ _- Last Name REED ~ First Name TIMOTHY G 465 N MILL ST #18 Phone r Cust # 27467 ~ ASPEN CO 61611 Lest Name J First Name Phone Record: MEMORANDUM TO: City of Aspen Board of Adjustment FROM: Joyce Allgaier, Deputy Director THRU: ' Chris Bendon, Community Development Director RE: Appeal of Administrative Decision - Appeal of a Zoning Officer Decision reo Aspen Manual Therapies and Rehabilitation, PC, operating at 465 N. Mill Street, Timothy Reed, Applicant Resolution No tJ 2.-, Series of 2007, Public Hearing DATE: March I, 2007 EXHIBIT ASSOCIATED WITH THIS APPEAL: Exhibit A: Application Exhibit B: Letter from Timothy Reed, dated July 20,2006 Exhibit C: Letter from Todd Grange (citing Zoning Violation), dated January 9, 2007 Exhibit D: Excerpts from the Land Use Code: SCl and Definitions Exhibit E: Letters from the Public (to be entered into record) Exhibit F: Proposed Board of Adjustment Resolution No..fl.2" Series of 2007 BACKGROUND: Aspen Manual Therapies and Rehabilitation, PC, is a business owned and operated by Timothy Reed, MS PT, "the Applicant". Mr. Reed is licensed to practice Physical Therapy in the State of Colorado. In the applicant's letter dated July 20,2007, (Exhibit B) the Applicant indicates that in his business, "Mr. Reed spends approximately 90% of his time guiding his clients in movement exercise with the help of minimal equipment, and the other 10% of his time using hands-on movement to further the work done by his clients." The Applicant further notes that, "This falls much more in line with the Y oga/Pilates studio approach to movement optimization than it does with the prohibited Health Clinic or Fitness Club designations of the code." (These use classifications are from the SCl district list of uses.) Mr. Reed, "the Applicant", is appealing a decision of the Zoning Officer upon which the Applicant was found to be in violation of the City's zoning regulations for conducting his business in a zone district where his use is not allowed by the Land Use Code. On January 9,2007, City of Aspen Zoning Officer, Todd Grange issued a letter (Exhibit C) to Mr. Reed indicating that the conduct of Mr. Reed's business in the Service/Commercial/Industrial (SCl) Zone district is a zoning violation and Mr. Reed cannot conduct such business in this district according to the City of Aspen Land Use Regulations (SCI Zone District, Section 26.710.160). Mr. Grange's letter indicates that he finds Aspen Manual Therapies and Rehabilitation to be a physical therapy business and is considered a I medical service. The use is considered medical in nature because it deals with personal services that are rehabilitative in nature and focused on the improvement of limited movement of the body due to illness or injury of some kind. Medical Service is listed in the "Office Use" definition in the land use code and office uses are not permitted uses in the SCl Zone. Furthermore, a Health and Fitness Facility, is considered a "Service Use" which is also not a permitted use in the SCl Zone District. Mr. Grange notes that both "Office Uses" and "Service Uses" are permitted in other districts, namely, the Commercial (C-I), the Commercial Core (CC) and the Mixed-Use (MU) districts. In zoning practice, when a use is expressly allowed in one district, it is found to be done so with intent, meaning that the use was specifically not listed in other districts. In this case this means office uses and service uses were not meant to be allowed in the SCl district, but in other places in the city deemed more appropriate, such as the C-I, CC, & MU. (Exhibit D includes excerpts from the land use code list the SCl uses and definitions of "Office Uses" and "Service Uses".) The purpose statement of the SCl district goes on to support this express omission of office and personal service uses. It states, "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. .. (Emphasis added in bold.) The allowed SCI uses focus on the manufacture, repair, servicing, detailing, sales, and rental of consumer l!.oods, and does not focus on personal health or medical services which are allowed in other zone districts as noted above. The Zoning Officer found that Aspen Manual Therapies and Rehabilitation does not qualify as a yogalPilates studio as it does not advertise itself as such, does not offer classes or the coaching of these exercises, but rather the business uses these modalities in the practice of physical therapy From this, the Zoning Officer concluded that the Aspen Manual Therapies and Rehabilitation business was not a permitted use in the SCl Zone District and found the use to be in violation. The Zoning Officer is enabled to make decisions based upon of the Land Use Code. Application and enforcement of the Land Use Code to developments, construction and businesses is one the responsibility of the Zoning Officer. This is an administrative function of the Zoning Officer that is handled daily in his duties. 2 PROCESS: Appeals of administrative decisions are heard by the Board of Adjustment pursuant to Section 26.216, which states in the powers and duties of the Board, among other things, "To hear and decide appeals from, and review any order, equirement, decision, or determination made by, any administrative official charged with the enforcement ofthis title...". The Board of Adjustment is required to review appeals based on the following standards of review: A decision or determination shall not be reversed or modified unless... 1. There is a rmding that there was a denial of due process, or 2. the administrative body has exceeded its jurisdiction or abused its discretion. The Zoning Officer is granted through the Community Development Director, the jurisdiction to apply and enforce the Land Use Code to development applications, in reviewing building permits, in reviewing business license and other related components of his work. Section 26.210 of the City's Land Use Code enables the Director, among other duties, "to enforce any provision of this Title [the Land U se Code] or any other provision of the Municipal Code of the City Of Aspen." Staff believes, based on the language in the code that the Zoning Officer, through his designated duties from the Director, among other duties, is required to enforce the Land Use Code and apply it's meaning to development, building permits and ensure compliance of uses and businesses to the zone districts. This is what the Zoning Officer is required to do everyday. In this particular case, the Zoning Officer followed the procedures of the Community Development Department in handling this zoning violation. The process is as follows: Investigating the use or development, sending a letter of zoning violation (Exhibit C) to the Applicant; (outlining his reasons and reliance upon the Land Use Code sections dealing with SCl, CC, MU and C-l district language, list of uses in those zone districts, and the definitions of "Office Uses" and "Service Uses"); and then accepted the appeal application of the Applicant so that due process could be followed. RECOMMENDA nON: Staff believes the Zoning Officer's administrative decision was rendered correctly and that the Zoning Officer's jurisdiction was not exceeded. Staff recommends the Board of Adjustment uphold the Zoning Officer's administrative decision by adopting Resolution No._, Series of 2007, which denies the appeal. NOTE: Staff has prepared a resolution finding against the appellant and upholding the Zoning Officer's decision. The motion should be made in the affirmative - to adopt the resolution. lfthe motion passes, the resolution is adopted and the Zoning Officer's decision is upheld. If the motion fails, the Board should vote to reconsider, then another motion should be made to clarify the intent of a revised resolution to overturn the Zoning Officer's 3 decision. (In this case, Staff will assist the Board in rewording the resolution and will prepare an amended resolution for signature.) RECOMMENDED MOTION: "I move to approve Resolution NoDt..-, Series of 2007." 4 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT A eement for Pa ent of Ci of n Develo ment A lication Fees CITY OF ASPEN (hereinafter CITY) and ~J V'\ M.b (l LA...t..1.._ (hereinafter APPUCANT) AGREE AS FO~ { rJl..'4 I~ APP? ~~tted ro CITY (heremiliter, THE PROJECT). '.sLb..--... 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000) establishes a fee structure for Land Use applicarions and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPUCANT 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. APPUCANT and CITY further agree that it is in the interest of the parries that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPUCANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPUCANT 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 APPLICANTS application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff ro complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning 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, APPUCANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a de~inati8l' of application completeness, APPLICANT shall pay an initial deposit in the amount of $ c; which is for hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPUCANT 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 $235.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPUCANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing. anq in no case will building permits be issued until all costs associated with case processing have been paid. I f2- ko.b } P.L ~TY~~ ~ . endoD Community Development Director APPLICANT ~-~-(\, By: '-G \'VvG"n-h-1 G-, (2(;;1:1) ~. O( 1 S I 1) 1 Date: Billing Address and Telephone Number: ReQ!lired RETAIN FOR P~NT 1\EC0R0 I ftt, It Sf f! 19 ( D Y{ If ( I ~(6 N /h fPv, . C:\Documents and Settings\johannahr\Desktop\2007 Land Use Fees.doc 1= voL.:l.l + A Location: ATTACHMENT 2 -LAND USE APPLICATION 6, fl0!i::>. ~o.tl o.&.JV'-t5S: +iY\liraA pr@ /~.Jr}\(1l"a>,- T I V\A.. 0 nry 6- (2c-'t'-1.> OrSPeN r1'vnvuA.1.- T 1kii-,tP/bS 1 (Li::'lfAGiLI Mil;: q~\ 1\). ,\1:" Si#' I~ ' (Indicate street address, lot & block number, legal description where appropriate) -- \]>PLICANT: 'f > t.VllTJ-h1 Name: Parcel ID # (REQUIRED) REPRESENTATIVE: Name: II Address: Phone #: PROJEcr: Name: " Address: Phone #: TYPE OF ArPLICA nON: (please check all that apply): 0 Conditional Use D Conceptual PUD D Conceptual Historic Devt. D Special Review D Final PUD (& PUD Amendment) D Final Historic Development 0 Design Review Appeal D Conceptual SPA D Minor Historic Devt. 0 GMQS Allotment D Final SPA (& SPA Amendment) D Historic Demolition 0 GMQS Exemption D Subdivision D Historic Designation 0 ESA - 8040 Greenline, Stream D Subdivision Exemption (includes D Small Lodge Conversion! Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane D Lot Split D Temporary Use ~ Other: , D Lot Line Ad' ustment D TextlMa Amendment ~I -hi hho\ rovals, etc.) of( I '(.Vv-:S ~CASI~ )'So ~ y;-u- PROPOSAL: "':L 0;) EIave you attached the following? h. / (? FEES DUE: $ T V S. - :J Pre-Application Conference Summary /' :J Attachment #1, Signed Fee Agreement :J Response to Attachment #3, Dimensional Requirements Form :J Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards <\.11 plans that are larger than 8.5" x 11" must be folded and a floppy disk with an electronic copy of all written text (Microsoft Word Format) must be submitted as part of the application. hv hwV';~ RET~rORPER~,NENT~ORD ~ )\Ay.v1k-- l I wb1" July 20, 2006 Joyce Allgaier Deputy Director Community Development City Hall 130 S. Galena St. Aspen, CO 81611 970-429-2754 joycea@ci.aspen.co.us Dear Joyce, I am writing this letter in response to a complaint made to City Councilwoman. Rachael Richards, a visit by Zoning Officer Todd Grange and email between myself and Chris Bendon. Community Development Director and you. Aspen Manual Therapies and Rehabilitation , P.C. is a privately and locally owned corporation. incorporated under the laws of the state of Colorado with the help of Aspen Attorneys Krabacher. Sanders, etal. Its owner is also its president and its sole employee Timothy G Reed MS PT. Mr Reed is licensed to practice Physical Therapy in the State of Colorado and has been licensed to do so since September 20. 1999. He has practiced Physical Therapy in the clinic setting at the Aspen Club and Spa for 3 1/2 years from January 1999 through May 2002, at which time he moved his office from the clinic setting to the Health Club at the Aspen Meadows. He practiced there from July 2002 through June 2006. Since the July 1, 2006 he has moved his practice to his new office at 465 N. Mill St, Aspen, CO, the location in question. Mr Reed spends approximately 90% of his time guiding his clients in movement exercise with the help of minimal equipment, and the other 10% of his time using hands on movement to further the work done by his clients. This falls much more in line with the E.~ki "it B Y ogaJPilates studio approach to movement optimization than it does with the prohibited Health Clinic or Fitness Club designations of the code. It has been brought to Mr Reed's attention that there might be a code violation pursuant to the SCI district in the City of Aspen and the nature of his business. While you are aware of the code and its specifics, I feel that I must outline these items from the code to show you that, not only is this business in compliance with the code. but that the code was conceived. implemented, and is being enforced with this type of business in mind. "The purpose of the Service/Commercial/Industrial (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;..." Mr Reed, after working at the Meadows Health Club, determined the need to move from his office for a variety of reasons; most importantly. to move to a space more centrally located in town in order to allow more flexibility for his clients in choosing their means of transport. Walking and biking to the present location is now an option for many of his clients who did not find those methods an option in traveling to the Meadows. In order to make this space a welcoming, clean and efficient space, Mr. Reed has expended many thousands of dollars. His clients are very pleased with the convenience of this new location. Mr. Reed has a large local client base and believes that these are specifically the type of customers this type of zoning was meant to draw. The site was also chosen because: 1) it was the only one offered at a rental price that he could afford after an extensive search. Mr. Reed is married with two young children and lives at Aspen HigWands. His search for space included the Aspen HigWands Base Village. However. the available affordable spaces were very small, 400 sq feet or less, and once again threw his clients into a driving situation and into the fray of the already overburdened Main Street to down valley traffic. This current space was found to be the only one in which all the criteria were met at a price that he could afford, and 2) Mr. Reed's is a destination business that does not reqnire walk-in traffic and according to the code. .. "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." Thus, Mr. Reed's business is one that this type of designation was meant to encourage. The zoning officer made his determination of noncompliance with zoning based on the following information: 1) A complaint filed via Councilwoman Richards that medical personnel were being allowed to rent space in this SCI designated building, 2) A 2 1/2 minute site visit wherein the officer spoke with Mr Reed, obviously not in depth, and made his determination, 3) The officer looked up and saw the sign that stated "TIM REED PHYSICAL THERAPY". The code further permits, "...14. 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 Clinics and fitness clubs.. 15. Veterinary clinic...." The code does not specifically prohibit the employment of medical personnel nor does it prohibit the rental of space to medical personnel. In fact, it allows for a yoga/pilates studio, which are both services that are frequently prescribed, by prescription, by doctors and covered by medical insurance. What it does prohibit is the rental of space and the use of the space for a medical clinic and fitness clubs. A CLINIC IS DEFINED AS A MEDICAL ESTABLISHMENT RUN BY SEVERAL SPECIALISTS WORKING IN COOPERATION AND SHARING THE SAME FACILITIES. There is, however, a provision in the code for medical personnel, although it appears to be specific to medical personnel who are veterinary practitioners. It must be reiterated that Mr Reed is the sole practitioner in the space. While Mr Reed is a licensed medical practitioner, as set forth above, and as he has discussed with community development staff, he has focused his business on the wellness aspect of his license. Movement optimization is the purpose of all of the equipment within his business, just as it is with a yoga/pilates studio. This is one of the main reasons why Mr. Reed moved away from affiliating himself with larger clubs which are more geared towards the medical aspect, and moved to this space into what he considers an ideal space for his work and the benefit, as well as non-driving convenience, of his mostly local clientele. In a search on all that Physical Therapy can entail (one need only go to the Aspen Valley Hospital Physical Therapy department), the following are a part of most clinics: orthopedic care, geriatric care, pediatric care, cardiovascular care, pulmonary/respiratory care, and wound care. Of those aspects of Physical Therapy, orthopedic care is the ONLY function of Mr. Reed's business. It is performed with yoga/pilates like exercise and focus, both of which are allowed under the SCI code. "5C1 Uses which may use, in combination, up to 25% of the floor area for accessory retail sales, offices, showroom, or customer reception:..." In an effort to comply with the SCI zoning, the space, as it is set up, complies within 5% of this requirement. Mr Reed is unaware if the bathroom in the space would be considered a part of the accessory retail sales, offices, or customer reception, and if it is, would still render the space well within the allowable percentage. Although this is, therefore, a moot point as to Mr. Reed's business, it must be presumed, however, that some exemption to the code, or some supplemental agreement was made with those businesses within the building which are obviously 80-100% retail. While Mr Reed and the landlord had no idea that the requirements for the SCI were so specific, that ignorance should not be the reason why this business should be able to continue to operate. This business should be allowed to continue to operate because it does, in fact, meet the code, given the specific language of the code as stated above. Mr Reed has removed any signage that would indicate that this is a Physical Therapy facility so as not to, in any way, be confused with being a clinic. This facility is not a clinic. It is a studio. As such, it meets the standards of the SCI zoning. Mr Reed welcomes any and all personnel, appropriate to this circumstance, to visit his office and see exactly what it is that he does in order to verify that he is in compliance with the language ofthe code as written. Thank you for your consideration. I look forward to hearing from you so that we can work this situation out. ASPEN MANUAL THERAPIES AND REHABILITATION, PC BY: Tim Reed, President Mr. Timothy Reed M.S. 465 North Mill Street Aspen, CO 81611 ~ \1Yv-Q":" ~?o 00><- ~ CJY\ ~. . . - ~~'0--~. 11/1/07 . -yo. ~ o. J;:.C>)( ~~ P.T. ~~CO, '6 \ 4>1t.-- January 9, 200~ .. Re: SCI Zone District Violation THE CITY OF ASPEN Dear Mr. Reed: I am writing this letter in response to your correspondence that I received after my site visit and "Zoning Violation" letter of July 20, 2006. Your letter states that you are operating a physical therapy business at the property known as 465. N. Mill St, Aspen CO, which is located in the SCl z\lne district. . This use is considered it medical service, which is listed under "Office Use" (26.104.100 Definitions) and is not permitted in the SCl zone district. A health and fitness facility would be. considered "Service Use" (26.104.100 Definitions) imd also would not be allowed in the SCl zone district. These uses would be permitted in any zone district that lists "Office Uses" and / or "Service Uses" as a perniitted use. in the zone district. These uses would be allowed in the Commercial Core (CC) zone district, the Commercial (C-l) zone district, the -Neighborhood Commerciitl (NC) zone district, and the Mixed-Use (MU) zone district. . "Service Use" and "Office Uses".,are not listed as'permitted. us~s 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 and medical services. ln contrast, the permi~ed uses within the SCl zone district allow for uses that relate to ,m~ufacturing of a consumer good or services to a consumer good (such as auto repair, furniture/appliance repair, electronic repair, locksmith). . Your business does not fit this allowance. Furthermore, the movement exercises your business utilizes as rehabilitation and fitness modalities does not qualify as martial arts/yoga/palates studio which is specifically called out in the SCl district as an allowed use. Your business of physical therapy qualifies as a Medical Clinic, which is expressly prohibited from'operating in the SCl zone district. In your letter you stated that you are focused on the wellness side and not the medical service side, and that you are focused on orthopedic care, this leads me to interpret that you are a practicing physical therapist. The guided movement you referred to is consistent with a Fitness Club, which is also a use not allowed in the SCl zone district. Therefore this business is considered a zoning violation. 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 regulations, procedures and consequences. Your handling of this matter is appreciated. I 130 SOUTH GALENA STREET, ASPEN, COLORADO 8161 1-1975 PHoNE97.0.925.5e'~'~~~~' ~ r If you have any questions, please call me at 429.2767. I would like to discuss a schedule for your compliance. I Regards, ~~~ Todd Grange Community Development, Zoning Officer City of Aspen Copy: David Hoefer, Assistant City Attorney 130 SOUTH GALENA STREET, ASPEN, COLORADO 81611-1975 PHONE 970.925.5090 FAX 970.920.5439 26.710.160 ServicelCommercial!l:ndustrial (StCII). seI ~ A. Purpose. The purpose of the ServicelCommerciaIlIndustrial (StCII) 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 appropri- ate in other zone districts or do not require or generate high customer traffic volumes, and permits cus- tomary accessory uses. B. Permitted Uses. The following uses are permitted as of right in the ServicelCommerciallIndustrial (stCII) zone district. Except as noted below, each of the permitted uses may have, in combination, no more than twenty-five (25) percent of the floor area devoted to retail sales, offices, showroom, or cus- tomer reception, and such uses shall be ancillary to the primary commercial use. This floor area per- centage may be increased through Special Review by the Planning and Zoning Commission, pursuant to Section 26.430, and according to the standards of Section 26.710.160(E). SCI Uses which mav use UP to 100% of the floor area for retail sales. offices. showroom. or customer reception: I. Manufacturing, repair, servicing, detailing, sales, and rental of consumer goods such as: a) Building materials, components, hardware, fixtures, and equipment b) Household appliances such as ranges, refrigerators, dishwashers, etc. c) Automobiles and motorcycles, including parts. d) Fabric and sewing supply. SCI Uses which mav use. in combination. up to 25% of the floor area for accessory retail sales. offices. showroom. or customer reception: I. Manufacturing, repair, alteration, tailoring, and servicing of consumer goods such as: Elec- tronic equipment; floral arrangements; furniture; clothing; or sporting goods. 2. Buildingllandscape maintenance facility. 3. Typesetting and printing, including copy center. 4. Photo processing laboratory. 5. Locksmith. 6. Post Office branch. 7. Shipping and receiving services. 8. Automobile washing facility. 9. Catalogue sales store. 10. Laundromat. 1 I. Commercial dry cleaning. 12. Recycling center. 13. Artist studio. 14. Rehearsal or teaching studio for the creative, performing, or martial arts with no public per- formances. This shall permit a yogalpilates studio but prohibit Medical Clinics and fitness clubs. 15. Veterinary clinic. City of Aspen Land Use Code. June, 2005 Part 700, Page 34 ~",^;b,t D 16. Animal boarding facility. 17. Animal grooming establishment. 18. Brewery and brewing supply. 19. Coffee roasting and supply. 20. Co=ercial Kitchen or Bakery. 21. Warehousing and storage. 22. Service yard accessory to a permitted use. 23. Sales and rental accessory and incidental to a permitted use. 24. Accessory buildings and uses. Non-SCI Uses permitted: 1. Design Studio such that the total net leasable square footage devoted to such use within the en- tire zone district does not exceed 9,000 square feet. ~ 2. Home occupations. C Conditional uses. The following uses are permitted as conditional uses in the Ser- vice/Commercial/ Industrial (S/CII) zone district, subject to the standards and procedures established in Chapter 26.425. The Commission shall establish the appropriate amount offloor area devoted to retail sales, office, showroom, or customer reception for each conditional use during the review. 1. Consignment retail establishment. 2. Co=ercial Parking Facility, pursuant to Section 26.515. 3. Gasoline service station. 4. Affordable Multi-Family Housing on Upper Floors. 5. Free-Market Multi-Family Housing on Upper Floors. 6. Artist's Studio with ancillary residence on Upper Floors. D. Dimensional requirements. The following dimensional requirements shall apply to all permitted and conditional uses in the Service/Commercial! tndustrial (S/CII) zone district: 1. Minimum lot size (square feet): 3,000 2. Minimum lot area per dwelling unit (Square feet):. No requirement. 3. Minimum lot width (feet): No requirement. 4. Minimum front vard setback (feet): No requirement. 5. Minimum side vard setback (feet): No requirement. 6. Minimum rear vard setback (feet): No requirement. 7. Maximum height: 35 feet, which maybe increased to 40 feet through one of the following op- tions: a) An additional 5 feet of total height may be approved, pursuant to Special Review, Sec- tion 26.430 and according to the standards of Section 26. 71O.160(E), if a minimum of .75: I Floor Area Ratio ofSCluses exists on the same parcel. (Also, see Floor AreaRa- tio below _) City of Aspen Land Use Code. June, 2005. Part 700, Page 35 b) An additional 5 feet of total height may be approved, pursuant to Special Review, Sec- tion 26.430 and according to the standards of Section 26.71O.160(E), to increase first floor ceiling height 8. Minimum distance between buildings on the lot (feet): No Requirement. 9. Pedestrian Amenity Space: Pursuant to Section 26.575.030. 10. Floor Area Ratio (FAR): The tollowing FAR schedule applies to uses cumulatively up to a to- tal maximum FAR of 2: L a) Connercial Uses 1.5:1. b) Affordable Multi-Family Housing: .5:1. c) Free-Market Multi-Family Housing: .5:1, only ifaminimumof.7S:l FARofco=er- cial uses exist on the same parcel. E. Special Review Standards. Whenever the dimensional standards of a proposed development within the SCI Zone District are subject to Special Review, the development application shall be proc- essed as a Special Review, pursuant to Section 26.430, and shall be approved, approved with condi- tions, or denied based on conformance with the following criteria: 1. To increase the allowable height the applicant shall demonstrate the need for additional height, the appropriateness of the additional height and massing considering the context in which the building will be developed, and shall demonstrate consistency with the purpose of the SCl Zone District. Five (5) feet of additional height may be approved as an incentive to either develop a minimum of .75:1 FAR of SCI business space or to increase the usable floor-to-ceiling height of the ground floor. The height increase shall not be used to acconnodate additional ceiling height for residen- tial uses. Only one five-foot height increase may be approved, even if both development options are taken. 2. To increase the allowable percentage of interior space assigned to retail, showroom, or customer reception area, the applicant shall demonstrate the need and appropriateness for such additional space and shall demonstrate consistency with the purpose of the SCI Zone District. The approved additional percentage for a specific use shall be limited to that use and not applicable to subsequent uses in the same space. (Ord. No. 2-1999, S I; Ord. No. 22-2005) City of ~pen Land Use Code. June, 2005 Part 700, Page 36 radio signals, telemetry signals, or any other reception or transmission signals using free air space as a medium, whether for commercial or private use. This definition does not apply to wireless telecommu- nication services facilities and/or equipment including cellular telephone, paging, enhanced specialized mobile radio (ESMR), personal communication services (PCS), commercial mobile radio service (CMRS), and other wireless commercial telecommunication devices and all associated structures and equipment including transmitters, antennas, monopoles, towers, masts and microwave dishes, cabinets and equipment rooms. Service Commercial Industrial Uses: The use of buildings or land for the manufacture, repair .1- and s~icing of consumer goods, the provision of cOJ;nmon domestic services, and with limited retail, , showroom, or customer reception areas. (See Service/Commercial/Industrial Zone District, Section 26.710.160.) Service yard. A yard or area used for storage of material accessory to or used in conjunction with the principal commercial use of a lot or structure. (See Miscellaneous Supplementary Regulations"- section 26.575.045, Service Yards.) Service Uses. Commercial establishments engaged in providing personal or financial services to ~ the general public including banking, dry cleaning, laundromat, tailoring, mortuary, post office branch, 'IlIIIiia shipping and receiving services, personal or sporting equipment storage lockers, barber and beauty shop, tattoo parlor, instructional or performing arts studio with no public performances, health and fit- ness facility, spa, and similar activities. Setback An area commencing and extending horizontally and vertically from a lot line, property line, or other boundary which shall be unoccupied and unobstructed from the ground upward, excepting trees, vegetation, and/or fences, or other structures or projections as allowed. (See Supplementary Regulations--section 26.575.040, Yards). Short-term. The occupancy of a hotel or lodge unit for a rental time period not exceeding one (I) month in duration. Sidewalk. That portion of a street or right-of-way which is paved and designed for use by pedes- trians. Sidewalk area. That portion of a street, right-of-way, or area bordering a street or right-of-way, primarily intended for use by pedestrians, but inclusive of planting strips, park strips, border areas, parkways or similar area. Sign. An object, device, symbol, light or structure that is intended to convey information or to ad- vertise, that is freestanding or fixed to, painted on, placed on, or incorporated into the surface of the structure, or that is displayed from or within a structure. Window displays of merchandise, and repre- sentations thereof, are not considered signage and shall not be subj ect to sign regulations (see Section 26.510.140, Signs-Window Displays). City of Aspen Land Use Code. June, 2005 Part 100, Page 29 basements, mechanical areas, exterior storage, stairwells, garages (attached or unattached), patios, decks, and porches. Nightclub and Bar: A commercial establishment engaged in the sale or dispensing ofIiquor by the drink for on-site consumption in which the preparation and serving of food may be available and where music, dancing or other entertainment may be provided or conducted. Nonconforming lot or parcel. A lot or other parcel ofIand which as the result of the adoption of dimensional regulations contained within this Title fails to meet the minimum dimensional require- ments for the zone district in which it is located. Nonconforming lot of record. A lot or other parcel ofland on record with the office of Clerk and Recorder for Pitkin County which as the result of the adoption of dimensional regulations contained within this Title fails to meet the minimum lot area and lot width requirements for the zone district in which it is located. Nonconforming structure. A structure which was originally constructed in conformity with zon- ing and building codes or ordinances in effect at the time of its development, but which no longer con- forms to the dimensional or other requirements imposed by this Title for the zone district in which it is located. Nonconforming use. The use ofland or a building or structure which was originally established in conformities with the zoning and building codes or ordinances in effect at the time of its develop- ment, but which is no longer allowed as a permitted or conditional use under the regulations imposed by this Title for the zone district in which it is located. Non-Profit Organization. An entity which has received a favorable determination letter from the United States Internal Revenue Service regarding their tax exempt status, and is incorporated, subject to or in compliance with the applicable provisions of the Colorado Revised Statutes (CRS) Corpora- tions and Associations articles 121 to 13 7. Non-Unit Space. The floor area within a lodge or hotel that is commonly shared such as lobbies, hallways, stairways, recreational areas, and dining rooms. Normal maintenance. That non-extraordinary maintenance carried out in any twelve (12) month period on a regular schedule necessary to preserve the safety and structural integrity of a nonconform- ing use or structure, including the repair and/or replacement of nonbearing walls, fixtures, wiring or plumbing. Office. A type ofland use involving the establishment and delivery of business, professional, or governmental activities and/or services. Office Uses. A building, or portion thereof, used for the transaction of business, professional, or medical services and activities including, without limitation, realtors, timeshare sales, non-profit or- ~ City of Aspen Land Use Code. June, 2005 Part 100, Page 24 ganizations, travel agents, advertising or insurance agents, lawyers, physicians, dentists, architects, en- +- gineers, accountants, other licensed professionals and property management companies or agents. Officer or official. An official or officer of the City of Aspen. Official zone district map. The official map authorized in Section 26.710.030 designating the zone district boundaries in the City of Aspen. Off-street parking. A designated space or area ofland with a paved or all-weather surface not within a public street or right -of-way and used for the parking of vehicles. Open space. A designated space or area ofland suitable for public or private use, including space available for landscaping. Such space shall be open to the sky, free of automobile traffic, parking, dis- play of merchandise, outdoor storage, or undue hazard. (See, Miscellaneous Supplementary Regula- tions - Section 26.575.030, Open Space). Open-nse recreation site. Land devoted to public recreation uses or structures. Owner. A person or entity in whom is vested the ownership or Title, either in whole or in part, of a building, structure or land, or a part thereof. P&Z. The Planning and Zoning Commission of the City of Aspen. Paint your own ceramics, arts, and crafts studio. A workshop that includes the making, glaz- ing, firing, and/or painting of ceramics by hand or involving the use of hand tools or small scale equipment by the public, which may include accessory retail sales and office space for purposes di- rectly related to the studio. Panel antenna: A flat surface antenna used to achieve transmission orreception from a specific direction. Parcel. An area ofland which is capable of being described with such specificity that its location and boundaries may be established, and which has been or may be developed as a single unit ofland. Park. A publicly or privately owned area ofland dedicated to active or passive recreational uses or as a refuge for wildlife. Park maintenance building. A building used in conjunction with the operation or maintenance of a park, including, but not limited to, the storage and repair of park vehicles and equipment, green- houses, and offices for park personnel. Person. An individual, business, corporation, partnership, government or government agency, limited liability company, trust, or any other legal entity. City of Aspen Land Use Code. June, 2005 Part 100, Page 25 26.710.140 Commercial Core (CC). ("G ~ A. Purpose. The purpose of the Commercial Core (CC) zone district is to allow the use ofland for retai~ service commercial, recreation, and institutional purposes within mixed-use buildings to support and enhance the business and service character in the historic central business core of the City. The district permits a mix of retail, office, lodging, affordable housing, and free market housing uses ori- ented to both local and tourist populations to encourage a high level of vitality. Retail and restaurant uses are appropriate for ground floors of buildings while residential and office uses are not permitted on ground floors. B. Permitted uses. The following uses are permitted as of right in the Commercial Core (CC) zone district: 1. Uses allowed on Basement Floors: Retail and Restaurant Uses, Office Uses, uses and building elements necessary and incidental to uses on other floors. - 2. Uses allowed on the Ground Floor: Retail and Restaurant Uses and uses and building elements necessary and incidental to uses on other floors. Office Uses are prohibited on the Ground Floor except within spaces set back a minimum of 40 feet from a Street and recessed behind the front-most street-facing f~ade. This prohibition sbaIl not apply to Split-Level Buildings (see defInition). Parking sbaIl not be allowed as the sole use of the Ground Floor. 3. Uses allowed on Upper Floors: Retail and Restaurant Uses, OffIce Use~ Lodging, Timeshare Lodge, Affordable Multi-Family Housing, Free-Market Muln-l'amtLy Housing, homeoccupa- tions. 4. Uses allowed on all building levels: Retail and Restaurant Uses, Neighborhood Commercial Uses, Service Uses, Arts Cultural and Civic Uses, Public Uses, Recreational Uses, Academic Uses, chhd care center, accessory uses and structures, storage accessory to a permitted use, uses and building elements necessary and incidental to uses on other floors including parlcing acces- sory to a permitted use, farmers market provided a vending agreement is obtained pursuant to Section 15.04.350(B). C Conditional uses. The following uses are permitted as conditional uses in the Commercial Core (CC) zone district, subject to the standards and procedures established in Chapter 26.425: I. Gasoline service station; 2. Commercial Parking Facility, pursuant to Section 26.515. D. Dimensional requirements. The following dimensional requirements sbaIl apply to all permitted and conditional uses in the Commercial Core (CC) zone district: 1. Minimum lot size (square feet): No requirement. 2. Minimum lot area per dwelling unit (square feet): No requirement. 3. Minimum lot width (feet): No requirement. 4. Minimum front vard setback (feet): No requirement. '-- City of Aspen Land Use Code. June, 2005. Part 700, Page 29 Cl --< A. Purpose. The purpose of the Commercial (C-l) zone district is to provide for the establishment of mixed-use buildings with commercial uses on the ground floor, opportunities for affordable and free- market residential density, and to provide a transition between the commercial core and surrounding residential neighborhoods. 26.710.150 Commercial (C-1). B. Permitted uses. The following uses are permitted as of right in the Commercial (C-l) zone dis- trict: 1. Uses allowed on Upper Floors: Lodging, Affordable Multi-Family Housing, Free-Market Multi-Family Housing, home occupations. 2. Uses allowed on all building levels: Retail and Restaurant Uses, Neighborhood Commercial Uses, Service Uses, Office Uses~ Arts, Cultural and Civic Uses, Public Uses, Recreational Uses, Academic Uses, child care center, bed and breakfast, accessory uses and structures, uses and building elements necessary and iocidental to uses on other floors iocludingparking accessory to a permitted use, storage accessory to a permitted use, fanners market provided a vending agreement is obtained pursuant to Section 15.04.350(B). Parking sbaIl not be allowed as the sole use of the Ground Floor. C Conditional uses. The foIlowiog uses are permitted as conditional uses io the Commercial (C-l) zone district, subject to the standards and procedures established io Chapter 26.425: 1. Lodging, Affordable Multi-Family Housiog, Free-Market Multi-Family Housiog, or home oc- cupations on the Ground Floor. 2. Commercial Parking Facility, pursuant to Section 26.515; 3. For historic landmark properties: Detached residential dwelliog, two detached residential dwell- iogs, and duplex dwelling. D. Dimensional requirements. The followiog dimensional requirements sbaIl apply to all permitted and conditional uses in the Commercial (C-l) zone district: 1. Minimum lot size (square feet): a. Detached residential dwelling, two detached residential dwellings, duplex dwelling, and bed and breakfast: 3,000. b. All other uses: No requirement 2. Minimum lot area Der dwelling unit (square feet): a Detached residential dwelliog, two detached residential dwellings, duplex dwelling, and bed and breakfast Same as R6 zone district. b. All other uses: No requirement. ' 3. Minimum lot width (feet): a . Detached residential dwelling, two detached residential dwellings, duplex dwelling, and bed and breakfast: Same as R6 zone district. b. All other uses: No requirement. City of Aspen Land Use Code. June, 2005. Part 700, Page 31 M'" l.. A. Purpose. The purpose of the Mixed-Use (MU) Zone District is to provide for a variety oflodging, multi-family, single-family, and mixed-use buildings with co=ercial uses serving the daily or fre- quent needs of the surrounding neighborhood, provide a transition between the co=ercial core and surrounding residential neighborhoods, and to provide a variety of building sizes compatible with the character 0 f the Main Street Historic District. 26.710.180 Mixed-Use (MU). B. Permitted uses. The following uses are permitted as of right in the Mixed-Use (MU) zone district 1. On Historic Landmark Properties: Retail and Restaurant Uses, Neighborhood Co=ercial Uses, and Bed and breakfast. 2. S ervice Uses. 3. Office Uses. 4. Lodging, Timeshare Lodge, Exempt Timesharing. 5. Arts, Cultural and Civic Uses. 6. Public Uses. 7. Recreational Uses. 8. Academic Uses. 9. Child care center. 10. Affordable Multi-Family Housing. 11. Free-Market Multi-Family Housing. 12. Single Family Residence. 13. Duplex Residence. 14. Two Detached Single-Family Residences. 15. Home occupations. 16. Accessory uses and structures. 17. Storage accessory to a permitted use. C. Conditional uses. The following uses are permitted as conditional uses in the Mixed-Use (MU) zone district, subject to the standards and procedures established in Chapter 26.425~ 1. Co=ercial Parking Facility, pursuant to Section 26.515. D. Dimensional requirements. The following dimensional requirements shall apply to all permitted and conditional uses in the Mixed-Use (MU) zone district 1. Minimum lot size (sQuare feet): 3,000. 2. Minimum lot area per dwelling unit (SQuare feet): a. Detached residential dwellings: 4,500. 3,000 for. Historic Landmark properties. b. Duplex dwellings: 4,500. 3,000 for Historic Landmark properties. c. All other uses: Not applicable. . 3. Minimum lot width (feet): 30. 4. Minimum front vard setback (feet): 10, which may be reduced to 5, pursuant to Special Review, Section 26.430. City of Aspen Land Use Code. June, 2005. Part 700, Page 39 - ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: l+~ ~ ,0 !VI; I \ ~+ ,'~ ( f SCHEDULED PUBLIC HEARING DATE: ~ (J,y-vk I , Aspen, CO ,200* STATE OF COLORADO ) ) SS. County of Pitkin ) I, 0 VVVTi~ G-. (Zt:0:....l) (name, please print) being or representing Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: _ Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. ~ Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the _ day of ,200_, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. L 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. ~ 6-1 S ) plrVl....-f- ()~ \M4 ;L'~ lab-d..5 ntinued on next page) / o . '. V\I(D Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. ~\ Signature ~ ~ WITNESS MY HAND AND OFFICIAL SEAL Notary Public PAULA I. BRODIN NOTARY PUBLIC STATE OF COLORADO A TT ACHMENTS: My Commission Exp,res 10/04/2009 COpy OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL Easy Peel labels Use fvery@TEMPLATE 5160@ ~ I .... ~ 1 Feed Paper _ See Instruction Sheet: ~ - for Easy Peel Feature 1 , ANDREWS-MCFARLIN CONDO ASSOC COMMON AREA i/ BEYER ALAN R 410NMILLST #B11 ASPEN, CO 81611 / GARWOOD JANET PLETTS SARAH A AS JT TENANTS PO BOX 3889 ASPEN, CO 81612 ./ MARTIN MICHAEL S ,/ 4150 IRVING PL CULVER CITY, CA 90232-2812 PEMBER SARAH P & WILLIS PO BOX 8073 V ASPEN, CO 81612 REIDSCROFT PARTNERSHIP PO BOX 10443 V ASPEN, CO 81612 US POSTAL SERVICE WESTERN REGION SAN BRUNO, CA 94099 ASPEN CENTER FOR ENVIRONMENTAL STUDIES 100 PUPPY SMITH ST ASPEN, CO 81611 CITY OF ASPEN 130 S GALENA ST ASPEN, CO 81611 HOROWITZ JAMES M 110 E HALLAM SUITE 104 ASPEN, CO 81611 NORTH MILL VENTURES LLC PO BOX 8769 ASPEN, CO 81612 PITKIN COUNTY 530 E MAIN ST STE 302 ASPEN, CO 81611 SODERLlNG LIVING TRUST 533 E HYMAN ASPEN, CO 81611 ~AVERY@5160@ 1 ASPEN CONSOLIDATED SANITATION 565 N MILL ST ASPEN, CO 81611 CROWN LAURIE J 414 N MILL ST ASPEN, CO 81611 LIPSEY WILLIAM S 414 N MILL ST ASPEN, CO 81611 ORTEGA G RICHARD 414 N MILL ST ASPEN, CO 81611 PUPPY SMITH LLC 205 S MILL ST SUITE 301A ASPEN, CO 81611 TEAGUE HENRY B 412 N MILLST ASPEN, CO 81611 Cheri o , _0 ~ ~ CD - - February 14. 2007 His service is not usually covered by most of our insurance policies and therefore his effort in working alone to keep fees reasonable is greatly appreciated. To have to change his location would most certainiy result in higher fees and affect all of us. "U o Ul rt tu OJ o X ...>. o IN ...>. l=> )> U'l "0 m :J n o o , tu 0.. o CO ...>. en ...>. N Todd Grange City of Aspen Dept. of Community Development 130 5. Galena Dear Todd: Tim Reed has made it possible for me to practice my occupation as a dental hygienist. which I have done since 1989 in Aspen. He has taught me how to be healthier physically so I can also be of service to our community in dentistry. I respect him as a professional of the highest caliber and skill. He is frequently the topic of conversation as my friends and patients exclaim his miracles! In a town where locals play and work hard he is a definite asset and necessity. His large following is a testimony to all of the above. The guideline for tenant qualifications has the intent of the space serving the best interests of the community by offering necessary services at affordable cost. Physical therapy and training builds a healthier community. It is also something that can be ongoing for people so the affordability and convenience of not having to take time off work to drive down valley is highly valued and appreciated. Please consider Tim Reed's tenancy with a favorable outcome for all of us. Thank you for your time. effort and consideration. , Cheri Grinnell r::r-~ t .:::../ " ....~,..., u L..;,;';'( ~)(~i ~,.t E. Todd Grange From: Sent: To: Cc: Subject: Marilyn Greenberg [butchiekg@hotmail.com] Tuesday, February 20, 2007 11 :05 AM Todd Grange timreedpt@hotmail.com tim reed To whom it may concern, i have been a client of Tim Reed for 10 years. he is a professional, personable, reliable and a long time local, who just wants to serve the community in the best way he can. he cannot afford a large rent in the heart of town and he would lose alot of his clients if he had to move down valley. what he does is not out of line of what the bylaws say. he is not a medical clinic or a spa. what he does ia unique to the industry and it works. he spend an hour with each client, tending to their particular needs. when we leave there, we feel better, and that's the bottom line. please give a local man a break and let him earn a decent living to support his wife and 2 kids. marilyn greenberg 970-925-2620 ********************************** Marilyn Greenberg butchiekg@hotmail.com Mirmeapolis: 651/698-885" Aspen: 970/925-2620 ********************************** 1 Todd Grange From: Sent: To: Subject: timreedpt@comcast.net Monday, February 05, 2007 9: 19 PM Todd Grange Tim Reed Letter Attachments: rvl -------------- Forwarded Message: -------------- From: <paulab@sopris.net> To: <timreedpt@comcast.net> Date: Mon, 5 Feb 2007 22:34:04 +0000 > NORTH MILL VENTURE, LLC., 465 > c/O MOUNTAIN MANAGEMENT OF ASPEN, INC., P.O. BOX 3795 ASPEN, CO. 81612 > > (970) 925-7615 > (970) 920-3693 FAX > > > FEBRUARY 5, 2007 > > TO THE BOARD OF ADJUSTMENT > CITY OF ASPEN > > TO WHOM IT MAY CONCERN: > > NORTH MILL VENTURE, LLC, 465 HAS BEEN MADE AWARE THAT TIM REED IS > GOING TO APPEAR BEFORE THE BOARD OF ADJUSTMENT TO APPEAL THE DECISION > OF THE ZONING OFFICIER OF THE CITY OF ASPEN. > > WE FIRMLY BELIEVE THAT TIM HAS THE RIGHT TO BE IN THE SPACE AND THAT > HE IS IN COMPLIANCE WITH THE CODE. > > VERY TRULY YOURS, > > NORTH MILL VENTURE, LLC, 465 > > > PAULA BRODIN > PROPERTY MANAGER > 1 Page I of 1 Todd Grange From: paulab@sopris.net Sent: Monday, February 05, 2007 3:34 PM To: timreedpt@comcast.net Subject: NORTH MILL VENTURE, LLC., 465 C/O MOUNTAIN MANAGEMENT OF ASPEN, INC., P.O. BOX 3795 ASPEN, CO. 81612 (970) 925-7615 (970) 920-3693 FAX FEBRUARY 5, 2007 TO THE BOARD OF ADJUSTMENT ClTY OF ASPEN TO WHOM IT MAY CONCERN: NORTH MlLL VENTURE, LLC, 465 HAS BEEN MADE AWARE THAT TIM REED IS GOING TO APPEAR BEFORE THE BOARD OF ADJUSTMENT TO APPEAL THE DECISlON OF THE ZONING OFFICIER OF THE ClTY OF ASPEN. WE FIRMLY BELIEVE THATTlM HAS THE RIGHT TO BE IN THE SPACE AND THAT HE lS IN COMPLIANCE WITH THE CODE. VERY TRULY YOURS, NORTH MILL VENTURE, LLC, 465 PAULA BRODIN PROPERTY MANAGER Page 1 of2 Todd Grange From: Annette Teuscher [nettielu@comcast.net] Sent: Wednesday, February 14, 20074:05 PM To: Todd Grange Subject: Tim Reed Dear Mr. Grange: RE: Tim Reed 465 N Mill St. It has come to my attention that Tim Reed, one our town's finest physical therapists, has been informed that he is in violation of the city's land use code where he is operating his business at 465 N Mill St. (across from Clark's market) in Aspen. I do not know the details of the code or the situation, but I have heard that he would not be in violation if he were operating a business as a personal trainer, but because he is a licensed physical therapist, he is not a]]owed to practice his skills in this location. I find this incredibly sad! As a person who has broken MANY bones over the more-than-several years I have lived in Aspen, I have become familiar with the practices of several physical therapists. Many put you on a machine, or teach you a set of excercises to do, and then disappear for most of the session to take care of other clients--they have to do this in order to make a living in this town. But Tim Reed is different. He runs his business entirely by himself, and sees ONE client per hour. He works this way because he wants to offer his clients quality personalized service and prefers to keep his business sma]]. He spends time with each client getting to know them and their particular situation and hones a program that is very specific for each individual, and spends the entire session working only with that person. He not only does what is necessary to help his clients recover function after being injured, but he gently guides them toward practices that will help them stay well. When a client is finished with therapy, ifhe needs/wants further fitness training, Tim offers it. He excels atgiving people training in strength and, especially, balance so that they can avoid injury and not need physical therapy again. He occasionally gives lectures on the importance of balance training to help prevent injury . Tim is very skilled and dedicated to his profession, and I believe he offers a unique and valuable service to the citizens of Aspen. It would be such a shame to force him to give up his license in order to keep his business in an affordable space in town due to a technical distinction. The actual uses of the space as a personal training center or a Pilates studio would be so similar to what is being done there now--certainly the spirit ofthe code is not being violated. Couldn't some sort of variance be granted, or something? Please don't make another sma]] business professional move out of the city limits or abandon his profession because affordable space is not available. That would be a distressing loss to our community. Thank you. Sincerely, ..., /1 A /'1(\(\7 Todd Grange From: Sent: To: Cc: Suzanne Leydecker [sleydecker@hotmail.com] Wednesday, February 14, 2007 11:11 AM Todd Grange timsmassage@hotmail.com Dear Todd, Tim Reed is the best. He is an asset to the community and I support him in having a space in which he can serve his clients best. By helping him, you only help all of us. Sincerely, Suzanne Leydecker, Aspen CO Suzanne Leydecker sleydecker@hotmail.com 1 Page 10f2 Todd Grange From: Janet Ferrara Oaf@giveninstitute.org] Sent: Wednesday, February 14, 20073:26 PM To: Todd Grange Subject: Tim Reed Dear Mr. Grange, I am writing on behalf of Tim Reed who is asking to retain space at 465 N. Mill Street. In November Mr. Reed provided physical therapy to me following a skiing injury. I would not be back on skis without his service. Tim spent a minimum of 1 hour with me at each appointment. He did not leave my side during that time and focused strictly on my injury and treatment. This is unlike other therapists who see multiple patients simultaneously. Mr. Reed was also a public lecture speaker at the Given Institute in December of 2005. He spoke for free to an audience of 100 locai residents providing information about ski conditioning and injury prevention. This lecture is still broadcast on Grassroots TV. Please allow Tim Reed to continue to provide service at 465 N. Mill Street. His expertise is invaluable and the clinic is well suited for this service, convenient and accessible, especially by those unable to walk. Sincerely, Janet Ferrara ----------------------------------------- Janet Ferrara Given Institute/University of Colorado School of Medicine 100 East Francis Street Aspen Colorado 81611 970-925-1057 phone 970-544-9758 fax www.oiveninstitute.oro ---------------------------------------- 2/14/2007 Page 1 of I Todd Grange From: K.Greenwood [aspenflygirl@yahoo.com] Sent: Tuesday, February 13, 2007 8:00 AM To: Todd Grange Subject: tim reed, physical therapy Todd Grange City of Aspen Dept. of Community Development, I am writing in regard to Tim Reed and his use of 465 N. Mill for his physical therapy business. I have known Tim for the last 7 years and he is a hard working professional with a young family that provides a unique service to the Aspen community. Tim has a wealth of knowledge and truly cares about his patients. Their is no doubt that he is an enormous asset to our community. His business is dependent on being centrally located so as to better serve his clients. So many crucial businesses have been squeezed out of our community over the years leaving us not as a real community but as a shell of a community. I am encouraging you to do what you can to accomodate Tim Reed so we don't lose yet another important service in our city. Krys Greenwood Sucker-punch spam with award-winning protection. Try the free Yahoo! Mail Beta. '1/1'21'1()()'7 Page I of3 Todd Grange From: John Jellinek Oohn@jelcoventures.com] Sent: Tuesday, February 13, 20074:48 PM To: Todd Grange Cc: timothy reed Subject: Tim Reed I am writing you to comment on Tim's plea for help. He wrote to me: "As you may know, I moved my business to the building across from the Post Office in July. At the time of my move I was looking for a space that would allow me to work with people as their trainer and fitness consultant more than just their physical therapist. Shortly after, the city community development office informed me that r was violating the land use code for the s/c/r (service/commercial/industrial) district. That district includes the building I am in (465 N Mill St), the basement level of the 'Clark's Market" building, and several unidentified spaces in the new Obermeyer Place building. According to the community development director, Chris Bendan, the designation of the zoning for the spaces in Obermeyer Place is determined space by space, allowing for the community development office and the Obermeyer officials to decide which businesses it wants on a case by case basis. My issue is this: I am licensed physical therapist with 8 years of service to the Aspen community. I have focused my practice on the individual: I see each person by myself without assistance for 45 to 60 minutes. That allows me to offer the best care that is possible. I also run the entire business by myself, much to the chagrin of all who call, which allows me to save money. If I give up my license and become ~just a personal trainer" or ~pilates instructor", I can stay in the space. That is because the code would allow for me to do what I am doing as long as I am not a licensed medical professional." ~Il ,nnn7 Page 2 of3 I am a long time patient of Tim's. He not only helped me after a hip replacement but also helped my wife with a broken leg. You may know me as a member of the AVH Board as well as treasurer of the Hospital. I think, in the best interest of the community Professionals like Tim, they should not be forced to give up a license to treat AVH patients and others in order to comply with a rather difficult regulation to understand. I strongly urge you to allow Tim not only to keep his license, but to continue to provide the service to the community at his current place of business. John John I Jellinek Jelco Ventures Inc. 255 Gold Rivers Court Suite 120 Basalt,Colorado 81621 Ph 970 925 4710 Main Ph 970 300 2514 Direct Dail cell 970 319 6121 fax 970 927 4419 John@jelcoventures.com www.Jelcoventures.com www.aspenpartnerslp.com "''' '" I"'^^~ DAVID M. EDDY, M.D., PH.D. 1426 CRYSTAL lAKE ROAD (970) 544-3475 AsPEN, COLORADO 81611 . FAX: (970) 429-0882, EMAIL: EDDYASPEN@YAHOO.COM Todd Grange Community Development 130 S, Galena Aspen, 81611 Dear Todd: Regarding Tim Reed's lease: I encourage independent health services such as Tim's. They are more personal, affordable and help off set the impersonal care that is resulting by the demands made on the medical profession. Medical care is becoming unaffordable and unavailable to many. Tim's license to practice physical therapy requires a high level of education I know from experience that Tim Reed offers a quality service and is highly skilled. I respect Tini and his profession. PhysiCal therapy and training requires lengthy schedule appointments to be effective. Unlike some medical specialties that schedule ten minute appointments at extortionate rates. The nature of Tim's business cannot support a high overhead; therefore he has no staff or frills. It would benefit Tim and the community to consider him in compliance with the code governing his space. .~- r:-"); I:. 1'","'-', iC.~.l -,. ::"-~'~I I Page 1 of2 Joyce Allgaier From: Sheilahbzg@aol.com Sent: Friday, February 23, 2007 9:39 PM To: Milzi Rapkin Subject: Tim Reed Hearing at City Council Chambers, March 1, 20074 PM I would appreciate your sending this email to each of the City Council members to read before the above hearing, February 23, 2007 Dear City Council Members, I am writing this email on behalf of supporting Tim Reed's application to be allowed to remain at his location on Mill Street. I am a thirty year local and meet Tim last year on the recommendation of another long time local. It was his body work that is the reason why I am skiing, climbing and hiking with a huge grin on my face instead of a grimace of pain. I started with Tim before he was at his present location, but while he had negotiated the new lease and while he and his family and even his in-laws spent every night and every day to "spare" personally doing all the work on the premises to get it ready. I know that after all that work and after Tim had moved into the location, that someone from the City came by to check out the activity and mentioned that it might not be conforming. I know that Tim wrote a letter at that time explaining his position, more than six months ago, and that he never heard back in the negative. I question this timetable. Is it really fair to have someone working in their business for that period of time and then say the City is pulling the plug. To me, a fair solution to this problem, which I see is not exclusive to Tim, would be to grandfather in the people who are in there working, and then to control future problems by initiating and enforcing a requirement for future lease holders and landlords that all leases must be approved as to business nature before the lessee begins tenancy. That to me would be a much fairer progression for a person trying to start a business, rather'than for the lessee to put the money and effort Into a hope and dream and then six months later have it dashed. I am at a loss as to why Tim Reed's body work is any different from historical businesses in the complex. Have any of you been around iong enough to remember Joanie Tiege's twin sister's aerobics studio in that complex. I don't remember the girls names, but they had the first body work studio in the complex. Then there was a biirkram's "hot" yoga studio. Then about three years ago, I met a woman rollerblading up Maroon Creek Road, who was running a Pilates practice in that complex. Those historical businesses are all body work. Additionally, i seem to remember hearing something about retail not accounting for more than 20% of gross revenue. I may have the percentage wrong. Under scrutiny, would all the businesses in that complex, rug sales, new very high end sports equipment, used sports equipment, etc., pass that test. For example, and not to point a finger as I very much like the store and the owner, but just how many bikes tunes, the service end, would it take to equal the sale of just one $10,000 bike, which is a "common" bike sale in Aspen. Would it really be fair to selectively enforce the requirements of zoning. Once again, I respectfully suggest that you employ some form of pre-tenancy lease approval. One last thing, as i know this is long winded. A couple of weeks ago I went to make an appointment with a professional who advertises an Aspen office. When I called for an appointment, the receptionist starting telling me about openings in the Basalt office. I chose a different professional. I live in Aspen. I buy in Aspen. I support Aspen. I pay taxes in Aspen. I don't drive down valley for errands. I avoid being another person clogging the highway and using up precious resources. tim reed Page 1 of 1 Todd Grange From: Shelly Malkin [SMalkin@wmproperties.com] Sent: Monday, February 26, 2007 9:57 AM To: Todd Grange Cc: Joyce Allgaier Subject: tim reed To Whom It May Concern, I am a climber who was in a really bad accident 3 years ago. After multiple surgeries to fix my shattered ankle I worked with Tim on the rehab and am now back to my usual tricks (check out the new Independence Pass Climbing Guide for picturesl). Anyway, I am completely convinced that it was Tim's individual attention and hands on work that allowed me to recover so well. Having experienced the assembiy-Iine approach to physical therapy of other therapists in town, I am sure I would not have progressed nearly as well without Tim. Personally, I don't understand all the specific zoning laws and requirements of the building, but I do know that tenants are supposed to be serving the local community and I can't think of a more worthy way to serve than Tim. I used to bring my dog to that building to be groomed, and while she came out looking gorgeous, and I really liked the owner, I'd certainly say that being able to walk again was more valuable than a clean dog. Also, I know that Tim needed to find affordable space because he works on his own and concentrates on one patient at a time and focuses on quality work over quantity of people. It would really be a shame and a mockery of what aspen claims to value, to have Tim kicked out of his office because of some arcane zoning laws which don't even seem to apply to others in the building. Thank You very much for your consideration of this matter. Sincerely, Shelly Malkin 432 West Francis Aspen, Co 81611 2/26/2007 RESOLUTION NO. ~ Series of 2007 A RESOLUTION OF THE BOARD OF ADJUSTMENT OF THE CITY OF ASPEN, CASE NUMBER ~, DENYING AN APPEAL OF THE ZONING OFFICER OF THE CITY OF ASPEN, COLORADO. WHEREAS, Aspen Manual Therapies and Rehabilitation. PC, owned by Timothy G. Reed, submitted an application to appeal the decision of the Zoning Officer of the City of Aspen, to the Board of Adjustment as outlined in Section 26.316.020; and WHEREAS, the decision of the Zoning Officer is put forth in a letter dated January 9, 2007, from Todd Grange to Mr. Timothy Reed (Exhibit A of this resolution)regarding the use of property for physical therapy in the Service/Commercial/Industrial Zone District located at 465 North Mill Street; and WHEREAS, this Board of Adjustment and consideration presented. matter came for public hearing before the on March I; 2007 where full deliberations of the evidence and testimony was NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ADJUSTMENT OF THE CITY OF ASPEN, COLORADO: Section 1. Findings of Fact. The Board of Adjustment makes the following findings of fact: 1. A request for the appeal was initiated by: Aspen Manual Therapies and Rehabilitation, PC by Timothy G. Reed, Aspen, Colorado. 2. Notice of the appeal has been provided to surrounding property owners, published in the Aspen Times and posted on the property in accordance with Section 26-304-060(E) (3) of the Aspen Municipal Code. Evidence of such notice is on file with the City Clerk. 3. The Board of Adjustment could not find that there was A.) a denial of due process, or B.) that the administrative body exceeded its jurisdiction or abused its discretion pursuant to Chapter 26 of the Aspen Municipal Code and therefore the Zoning Officers decision or determination shall not be reversed or modifed. E)t~""'+ F Section 2. Appeal Denied. The Board of Adjustment does hereby DENY the appeal from the terms of Chapter 26 of Municipal Code by a __ to (__ __)vote. the applicant the Aspen APPROVED AS TO FORM City Attorney INTRODUCED, READ AND ADOPTED by the Board of Adjustment of the City of Aspen on the 1st day of March 2007. Chairperson I, the undersigned duly appointed and acting Deputy City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the Board of Adjustment of the City of Aspen, Colorado, at a meeting held on the day hereinabove stated. Deputy City Clerk Page I of 1 Todd Grange From: trisha scott [trishascott@comcast.net] Sent: Monday, February 26, 2007 10:50 AM To: Todd Grange Subject: tim reed physical therapy To All It May Concern; I have known and used the services of Tim Reed for the past ten years. I have been a working resident of Aspen for the past 23 years. It would seem to me that it is the Community Development's office purpose to retain the highest level of service possible, for its citizens, and it would further seem to me that the Physical Therapy/Service that Tim provides would fit under the intent of the zoning for the building in which Tim operates, 465 N. Mill St. And if those of you who read this think it doesn't fit the intent of the zoning, I honestly think you should take it as your duty to change the designation to allow Tim to continue operating as he does. There is no other Physical Therapist or clinic in Aspen that operates as Tim does. By seeing patients for one full hour, he has had tremendous success with patients who have had NO success with traditional physical therapy. As a Massage Therapist with 10 years experience in Aspen I have referred countless clients to Tim, all have experienced a degree of rehabilitation they never found at insurance-driven institutions such as the Aspen Club, and the hospital. There must be room for someone with Tim's expertise, technique, and commitment to practice and serve, in Aspen. The only other PT who practices with an hour hands-on approach, is in Glenwood. Most working people cannot take a half a day, 3 times a week, to make the trek to Glenwood, when they are rehabilitating an injury. Please consider it your job, and your obligation, to retain Tim Reed where he is, for the benefit of the working people of Aspen. Thank you, Trisha Scott CMT 225 N. Mill St. #201 Aspen, CO. 81611 948-3770 trishascott@comcast.net )/)(;/')007 Page 1 of 1 Todd Grange From: Margie Sturgis [margsturg@earthlink.net] Sent: Saturday, February 24, 2007 8:34 AM To: Todd Grange Subject: Tim Reed Dear Todd, I have been a client of Tim Reed's for a year now. He is a tremendous asset to the community and I think he fits in very nicely to the area around the Post Office. He is providing a service to the community and individuals that is hard to afford in this town. I am a working local and find that by seeing Tim once a week he is helping me stay healthy so that I can work better, play better and have a overall better quality of life. . Please vote in favor to keep Tim in that space. It is good for everyone! Sincerely, Margie Sturgis Margie Sturgis m~rgs!urg@~!Lrt_hjiJ).k~!l~! Why Wait? Move to EarthLink. 2/26/2007 March I, 2007 Todd Grange City of Aspen Community Development 130 S Galena Aspen CO 81611 Hand Delivered Dear Todd: I am writing on behalf of Tim Reed's application for us ofSCI space on Mill Street. Tim has made every effort to keep his practice accessible to thus of us with fewer resources and genuine physical therapy needs. Tim provides the type of service that is being driven out of the community by rising rents. I have serious reservations about a process that allows zoning decisions on a case by case basis. Tenants should have clear rules on use prior to entering a lease. That being said, this is not the time to create new rules. In this instance, I hoipe you can justifiably rule that Tim reed may remain in the SCI space. ThankYOU?e;fcP1 "G Mick Ireland 920-2858 i mick@so1;>ris.net 1 Page I of I Todd Grange From: JILLSRUBI@aol.com Sent: Thursday, March 01,200710:56 AM To: Todd Grange Subject: tim reed dear mr. grange, yes, this is a letter of support for tim reed. i am a colorado resident and aspen home owner for 35 years. two years ago ,i sustained a horrifying ski accident in which i shattered my hip and my pelvis. after surgery i was told to do physical therapy to be able to walk without crutches or canes. i started therapy with tim and am not only walking, i can ski again. tim reed is a gifted man. he knows his stuff. at no time did i get the impression he was "medical facility" there were no prescription,no medications. nothing but exercises that improved balance, coordination and strength. this gave me the hope that i would walk properly again. when i am in tim's studio,all i ever see are locals. my husband is now working with tim for his "golf hip" i don't want to brag but he shot a 76 last week. tim's gift and it is a gift, is enjoyed by those of us who live and work here .he is not a 'clinic" there are no nurses, diagnostic machinery, no X-ray. tim reed is a great asset to this very athletic community. this is a case of a much needed service for our community. i hope you will view favorably upon tim's application to stay in his present location which is so convient to all of us. i hope you never need his services, but i could not recommend anyone more highly.. thank you for your consideration. jill sl. john wagner AOL now offers free email to everyone. Find out more about what's free from AOL at AOL.com. 311/2007 Page I of2 Joyce Allgaier From: Townsend, MarrGwen [marrgwen@taltrade.com] Sent: Thursday, March 01, 2007 11 :57 AM To: Joyce Allgaier Subject: Tim Reed Hearing March 1st I am a client of Tim Reed and a homeowner in the town of Aspen. I understand that you are having a hearing today regarding Tim's presence at 465 N. Mill Street and the compliance with the code. I cannot be at the hearing but I would like to express my hope that Tim be allowed to continue to operate his business in the space where he is located. I believe that Tim provides a valuable service that the town of Aspen should encourage. I became a client of Tim's after knee surgery caused by a skiing accident in Aspen. My knee surgery was performed successfully by Dr. Pevney of Aspen but I was not recovering properly. I saw several physical therapists but did not make satisfactory progress until I found Tim Reed. Tim Reed's service is special for two reasons. First, the client gets Tim's entire attention for the appointment period rather than being shunted between machines and interns while therapist sees several other patients. That means that Tim is able to stay focused on the patient and help solve their problem. Second, Tim is trained in all of the components required for recovery which is rare in this field. Sometimes the cause of the problem is mysterious. Many therapists pass the patient between different practitioners, such as trainers or massage therapists. Continuity is very important because information is lost in the handoff and sometimes no handoff takes place because it is too hard for a recovering patient to travel to different places for different treatments. Speed is very important if the patient is going recover quickly before scar tissue is formed. I do not understand the particular legal issues of the zoning of this area but my impression is that the area is zoned for service and Tim is performing a service. The visibility and accessibility of the space is important to this kind of service. This space is easy to see so potential patients can find out about Tim easily. Being able to drive to the front door of the facility is so helpful when you are recovering from surgery. Struggling on crutches from a distant parking space is hard and additional injuries can happen. The afford ability of the space is important because other more expensive space would mean that Tim would have to juggle multiple clients at one time or the business would not be viable. I also think that Tim's business is good for the other business of the area. I know that I have come to know and use other businesses because I became familiar with them when I was visiting Tim's facility. I would not bore you with the details of my situation except that I think it is a common one. Many people have successful surgeries after skiing accidents only to fail to recover their previous quality of life because of the inadequacies of the physical therapists. Tim's model is a successful one for the patient and I believe it the kind of service that Aspen wants to encourage. hope that your hearing resolves the situation and he can continue in this space. Thank you for your attention. Sincerely, MarrGwen Townsend 3/1/2007 Page I of I Todd Grange From: etcco@aol.com Sent: Thursday, March 01, 2007 9:10AM To: Todd Grange Cc: timsmassage@hotmail.com Subject: Aspen Manual Therapies Dear Tod, This letter is for to support Tim Reed of Aspen Manual Therapies to be able to keep his practice in his current location. Tim is an asset to the Aspen Community and has helped many, including myself and my ankle, in his occupation as a physical therapist, personal trainer, massage therapist. It would be a shame. to lose such a resource simply because he has studied and worked hard to obtain a "license" in his career when there are so many people working with those same "titles" who don't have nearly the same dedication or knowledge that Tim posseses. Tim has kept his prices "reasonable" which allows many of his patience to afford treatment which they may otherwise never be able to access, Sincerely, Erika Teich Corbin, EA This message (including any atlachmcnls) clmtains confidential inl()rmation intended for a specific individual and purpose, and is protected by law. I f you arc not the intended recipient, you should delete this message and arc herd" notilicdthat any disclosure. copying. or distribution of this message. or the taking of~my action hased (111 it. is stricti;, prohihited. IRS CIRCULAR DISCLOSl RE. To ensure compliance with requirements imposed by the Internal Revenue Service. wc in!()rm YOll that any advice with respect to t.ax matters contained in this communication (including attachmcrns) was neither written nor intended by the sender or ETC-Tax Services to be used. and cannot be Llsed. by any person i(". the purpose of: (i) avoiding tax-related penalties: or (ii) promoting, marketing or recommending to another person any transaction or matter acldressedin this communication. AOL now offers free email to everyone. Find out more about what's free from AOL at AOL.com, 3/112007 Michael L. Spalding 1360 Snowbunny Lane Aspen, Colorado 81611 (970) 925-6810 micksptaJ,comcast.net February 27,2007 City of Aspen Community Development Department Chris Bander, Todd, & Joyce Aspen, CO 81611 Dear Chris, Todd, & Joyce: The purpose of this letter is to support the City in doing the right thing and allowing Tim Reed to continue to practice physical therapy in his office at 465 N, Mill Street. Why should the City allow Tim to practice physical therapy at his current location? I. The Aspen community needs Tim's practice here, 2, His rates are reasonable, more so than other physical therapists, and he still takes insurance, 3. He is a consummate professional. I know this from personal experience since he has worked extensively with injuries my wife and I have sustained, as well as with our teenage daughter. 4. There are very few reasonably priced spaces available for a practice like Tim's to succeed financially. 5. The City has made exceptions before for businesses located within this commercial zone, Isn't that a precedent? 6. The City says over and over how important it is for locals to be able to live and work in Aspen, Here is your chance to prove that for a local businessman who also lives in Aspen (Highlands employee housing), 7. The SCI Zone was established for businesses like Tim's, why change it now? 8. Tim's business fits into the spirit of the SCI zoning, 9. There will be no negative impacts to the City or the Community by allowing Tim Reed to continue to practice physical therapy, Allowing Tim to continue his practice is the right thing to do, Based on the history of the SCI zoning, the spirit of the zoning, and the needs of the community, I encourage the City to allow Tim to remain where he is and to provide the full range of his service, I do want to share with you an experience that I had that was similar to Tim's. I had rented office space for my new property management business, which I had borrowed r $250,000 to start. I was located on site at a property we were managing. I was occupying commercial space and the City applied a law which my attorney said was a real stretch and forced me to move to a more expensive location. I was able to hang on for a while, but losing that location caused me to lose part of my customer base. I spent thousands of dollars that I could not afford at the time on legal expenses, and I was forced to sell out at a loss to an out of town company, which in turn sold to an out of state publicly traded company. Thus a locally owned business died. Please don't cost Tim his business. Our community needs people and businesses like his. Please don't close locals out of Aspen. Do the right thing. Thank you for your consideration. Sincerely, Mickey Spalding Susan Spalding 1360 Snowbunny Lane Aspen, Colorado 81611 (970) 925-6810 spalding3(IVcomcast.net . February 28, 2007 Joyce Allgaier, Todd Grange, Chris Bendon City of Aspen, Community Development Department 130 South Galena Street Aspen, CO 81611 via e-mail Dear Joyce, Todd, and Chris: I'm writing to ask you to please allow Tim Reed to remain in his current location at 465 North Mill Street, practicing physical therapy as well as personal training and fitness consulting. Tim provides a service to our community which is unmatched by other physical therapists, His new location is perfect for his patient's needs. We can park just outside his door and within a few steps be inside. This is critical for certain of his patients (of which I've been one in the past and am one now) who have limited mobility. Tim generates the least amount of auto traffic of any of the tenants in that building, as he only sees one person per hour. I should think that this factor is of benefit in the City's mind, as I know it wants reduced traffic flow in town, Given that Tim sees only one person per hour, he cannot afford rent in the commercial zone in town. He provides a unique service in that he spends all of the hour with his patients at an affordable price - something that I've not seen elsewhere. I ask you to please allow Tim to operate in the SCI zone as he is a locally owned, locally serving business that helps the members of our community. It would be a great loss to many of us if he were to be forced out of Aspen, or forced to go to work elsewhere where money drives the time spent with the patient (i.e., reduces it). I've known Tim since he moved here in 1999, He has helped me with numerous physical ailments, and has helped my high school athlete daughter almost every season of her runninglbasketballlvolleyballfNordic career deal with the injuries that are seemingly inevitable. Please allow Tim to remain where he is, doing what he does best. Thank you for your consideration. Sincerely, Susan W, Spalding TIM REED-CITY COUNCIL MEETING 3-1-07 lbis letter is addressed to Todd Grange City of Aspen Department of Community Development and the Aspen City Council. To whom it may concern; Tim Reed has been serving a local clientele for 8 years as a licensed physical therapist. Tim works alone to provide a one on one hour long session of fitness consulting, training and physical therapy. I have been to numerous physical therapists before meeting Tim four years ago. Tim has helped me tremendously not only to heal my body with physical therapy from multiple injuries sustained over a life time, but he has helped me train my body to compete again in athletic competition. My entire life I have been involved in sports (hence the multiple injuries) and Tim Reed has by far given me the best advice and help of anyone I have ever seen. Tim is the only physical therapist I have ever encountered that has given their full attention to me for the entire length of my appointment. Usually, I have been seen for a brief overview or follow up and then passed on to an assistant to oversee the rehab, ultra sound or training. Tim offers a vital service to our community and by moving his office he would not be able to attend to his clients in the manner he has previous).y. I for one would be terribly disappointed to lose Tim's valuable services as he is the only therapist I have ever been to that devotes this amount of time and effort to each and every one of his clients. With our high rents and space at a premium, this space allows Tim to operate a one man show to give his clients top quality care at a price he is able to afford. I don't understand why the City code would allow Tim to continue his business if he were to give up his physical therapy license and becomes just a personal trainer. There are other businesses allowed in this building that relate to physical health, yoga, pilates and martial arts. Just because Tim has a medical license he is operating illegally- "PLEASE"! We should welcome someone of this caliber to do business as his license allows him to practice. Tim's business doesn't pose a parking problem, noise violation or any of the other problems associated with some of the other businesses in this building. I do believe that Tim's business should be allowed to continue in his current location, while keeping his physical therapy license in tact. Meaning that he will continue business as a licensed medical professional. Ten of the fourteen businesses located in this building were written into the zone's code because they were non-conforming with regard to the code as written. Tim's business is locally owned, serving a local clientele. I might also mention Tim has a wife, two children and lives in affordable housing in town. I truly hope that the Aspen Department of Community Development and the City Council allow Tim to continue his business in this location. Otherwise, it will be just one more case of pricing the locals out of business in this community! ~J'9],lfor your tim~) 7 Telsha~ (( c_ ._.) If [(0 - NOTICE OF PUBLIC HEARING City of Aspen Board of Adjustments NOTICE IS HEREBY GIVEN that a public hearing will be held on Thursday, March I, 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 a medical/fitness service business is not permitted per the Land Use Code, Chapter 26, of the Municipal Code. The applicant/owner is Timothy Reed and the subject property is located at 465 North Mill Street. All correspondence and questions should be directed to Todd Grange, Zoning Officer @ 429- 2767, or toddglalci.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 City of Aspen Municipal Code Chapter 1.04 GENERAL PROVISIONS*l 1.04.140 Application of code by city officers or employees. Whenever in this code or in any code adopted herein it is provided that anything must be done to the approval or pennission of or subject to the direction of, any administrative officer or employee ofthe city, this shall be construed to give such officer or employee only the discretion of determining whether the rules and standards established by this code or by any code adopted herein have been complied with; and no such provision shall be construed as giving any administrative officer or employee discretionary powers as to what such regulations or standards shall be, or power to require conditions not prescribed by this code or by any code adopted herein or to enforce the provisions thereof in an arbitrary or discriminatory manner. (Code 1962, ~ 1-1-7: Code 1971, ~ Along with the above code, The Board of Adjustment is required to review the appeals based on the following standards of review: A decision or determination shall not be reversed or modified unless. .. 1. There is a finding that there was a denial of due process, or 2. The administrative body has exceeded its jurisdiction or abused its discretion. In response to both the General Provisions of the City of Aspen Municipal Code, Chapter 1.04 and the required standards of review upon which the BOA is to detennine this appeal, the following facts must be considered. '2.- 1. Denial of Due Process 1) The applicant was notified by site visit that he was in non-compliance of the city code SCI and that a letter explaining the details would be sent in the next week. 2) The applicant was advised by the deputy director of community development that he should write a letter stating the nature of the business and the percentage breakdown of the Applicant's business and that this information would be sufficient to defer a finding of non-compliance, if the letter was written with the language discussed during the meeting with the deputy director of community development. 3) Applicant sent the letter to zoning officer Grange, deputy director Allgaier, director Bendon, Mayor Klanderud, Council person Torre, Council person Johnson, Council person Richards, Council person DeVilbiss and City Manager Barwick on July 20, 2006. On July 21, 2006 Applicant received email from Mayor Klanderud and Council person Richards indicating that the letter had been received but could not be addressed by council in the event that an appeals hearing would be heard in that quasi-judicial setting. 4) Applicant received certified letter dated January 9, 2007 on January 16,2007,6 months after initial visit from zoning officer Grange indicating that a finding of non- compliance was determined. 5) Applicant believes that due process was violated with regard to lack of timeliness on part of the zoning officer. Applicant is aware of other "applicants" that were contacted and "dealt with" in timely and proficient manner during this time. This applicant deserved the same due process in his case. > II. The administrative body has exceeded its jurisdiction or abused its discretion According to the city land use code the SCI district is defined as follows: The SCI district is specific in its Purpose 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. Locally serving business: the applicant provided 2680.5 hours of service over the last 12 months from March 2006 through February 2007. With 4 weeks of vacation in the 12 month period that averages 55.84 hours per week of service. 88.3% of the hours providing service were provided to citizens of Aspen who reside in the Roaring Fork Valley at least 9 months of the year (thus also meeting the criteria the housing board uses to determine "local" status). For every 55.84 hour week the applicant works, 49.31 hours are used to service locals. The business therefore meets the requirement of the originally intended code with regard to locally serving business. The business of the applicant is also primarily non-retail. A breakdown of the businesses found in the SCI district currently include the following businesses: Cf Office uses: Non-profit organization, 4 architectural firms, and 2 property management companies. Service uses: Dry cleaning, Laundromat, post office branch, instructional or performing arts studio with no public performances, health and fitness facility and spa, car detailing shop, catering facility, and snow removal business. Retail uses: Consignment sporting goods store, video store, bike shop with rentals, costume and tuxedo rental store, and hardware store. Allowed uses, as per the SCI code quoted by deputy director Allgaier would also include, but are not limited to a veterinary clinic, a Pilates studio, a yoga studio, and a martial arts studio. Enclosed are photos of some of the businesses (or signs thereof) indicating the presence of the businesses already allowed in the SCI zoned buildings. The picture of the Aspen Velo bike shop indicates a sign that was put up no later than October 15' 2006. \ E:x.H /J3{T ~ I I am a member of the community who has a proven record of serving the community in every way that my occupation allows. I am a father of two small children, who, with my wife, hope will be able to consider Aspen their home even after they graduate from the Aspen High School. I have devoted my time, energy and passion to my family and to my job. I represent the very locally-owned, locally-serving business that city council wants. As a physical therapist I am trained in a variety of disciplines. The three basic tenets of physical therapy as determined by the American Physical Therapy Association are 1) Diagnose and manage movement dysfunction and enhance physical and functional abilities. 2) Restore. maintain. and promote not only optimal physical function but optimal wellness and fitness and optimal quality of life as it relates to movement and health 3) Prevent the onset, symptoms, and progression of impairments, functional limitations, and disabilities that may result from diseases, disorders, conditions, or .. . lllJunes. Physical therapy is also directed by a set of professional values that include: accountability, altruism, compassion/caring, integrity, professional duty, and social responsibility . 2- All of these tenets and values are the basis for my business. The community development office has cast me as a violator of the code, when in fact I meet the standards of the code as it is written and has been enforced. My license to practice Physical Therapy allows me to use any means at my disposal to reach the tenets listed above. That same license allows me to practice both of the disciplines, yoga and Pilates, that are approved uses in the SCI code. I am allowed to use them as modalities to solve a problem or condition. I can, and do, also use them as stand-alone methods of improving function. The zoning officer listed several aspects of my letter dated July 20, 2006 as evidence of my non-compliance. Please allow me to respond: movement exercise for rehabilitative purposes and fitness are used in the same manner as a Pilates/yoga/martial arts are used in a studio. As the terms Pilates, yoga, and martial arts are not defined in the SCI code, they must be defined by their common use and understanding. Common understanding leads to a health and fitness listing found in the defined service uses of the land use code. He further states that my business of Physical Therapy qualifies as a medical clinic. Mr. Grange would get a different definition by calling The Center for Medicare Services. By their definition, and by the definition of every medical professional in the roaring fork valley, I am not a clinic until I invite another health care professional to work in my office. 3 Mr. Grange also states that my business is a fitness club because I am focused on the wellness side of and not so much on the medical side of physical therapy. The two thoughts are just that: two separate thoughts. Focusing on the wellness side of physical therapy was a business change I made for the summer, following my discussions with deputy director, Joyce Allgaier. I changed the nature of my business and treated no patients with prescriptions, and filed no insurance claims for the summer and fall of 2006 so that I would be in compliance according to the direction given my by Ms Allgaier. Besides, how can I possibly be both a medical clinic and a fitness club when in fact my business is neither. Upon realizing that I was to be called a Physical Therapist no matter what I did, I am now asking that the BOA, in accordance with 1.04.140 of the municipal code determine 1) that the office of community development exceeded its authority and abused its discretion and 2) that the office of community development denied my right to due process by acting in a manner detrimental to my business, and that the Board of Adjustment allow me to continue to practice that service that will allow me to serve the community in the way I am most capable and that the community needs. City of Aspen Municipal Code Chapter 1.04 GENERAL PROVISIONS*l 1.04.140 Application of code by city officers or employees. Whenever in this code or in any code adopted herein it is provided that anything must be done to the approval or permission of or subject to the direction of, any administrative officer or employee of the city, this shall be construed to give such officer or employee only the discretion of determining whether the rules and standards established by this code or by any code adopted herein have been complied with; and no such provision shall be construed as giving any administrative officer or employee discretionary powers as to what such regulations or standards shall be, or power to require conditions not prescribed by this code or by any code adopted herein or to enforce the provisions thereof in an arbitrary or discriminatory manner. (Code 1962, ~ 1-1-7: Code 1971, ~ Along with the above code, The Board of Adjustment is required to review the appeals based on the following standards of review: A decision or determination shall not be reversed or modified unless.. . 1. There is a finding that there was a denial of due process, or 2. The administrative body has exceeded its jurisdiction or abused its discretion. In response to both the General Provisions of the City of Aspen Municipal Code, Chapter 1.04 and the required standards of review upon which the BOA is to determine this appeal, the following facts must be considered. '- I. Denial of Due Process 1) The applicant was notified by site visit that he was in non-compliance of the city code SCI and that a letter explaining the details would be sent in the next week. 2) The applicant was advised by the deputy director of community development that he should write a letter stating the nature of the business and the percentage breakdown of the Applicant's business and that this information would be sufficient to defer a finding of non-compliance, if the letter was written with the language discussed during the meeting with the deputy director of community development. 3) Applicant sent the letter to zoning officer Grange, deputy director Allgaier, director Bendon, Mayor Klanderud, Council person Torre, Council person Johnson, Council person Richards, Council person DeVilbiss and City Manager Barwick on July 20, 2006. On July 21, 2006 Applicant received email from Mayor Klanderud and Council person Richards indicating that the letter had been received but could not be addressed by council in the event that an appeals hearing would be heard in that quasi-judicial setting. 4) Applicant received certified letter dated January 9, 2007 on January 16,2007,6 months after initial visit from zoning officer Grange indicating that a finding of non- compliance was determined. 5) Applicant believes that due process was violated with regard to lack of timeliness on part of the zoning officer. Applicant is aware of other "applicants" that were contacted and "dealt with" in timely and proficient manner during this time. This applicant deserved the same due process in his case. } II. The administrative body has exceeded its jurisdiction or abused its discretion According to the city land use code the SCI district is defined as follows: The SCI district is specific in its Purpose 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. Locally serving business: the applicant provided 2680.5 hours of service over the last 12 months from March 2006 through February 2007. With 4 weeks of vacation in the 12 month period that averages 55.84 hours per week of service. 88.3% of the hours providing service were provided to citizens of Aspen who reside in the Roaring Fork Valley at least 9 months of the year (thus also meeting the criteria the housing board uses to determine "local" status). For every 55.84 hour week the applicant works, 49.31 hours are used to service locals. The business therefore meets the requirement of the originally intended code with regard to locally serving business. The business of the applicant is also primarily non-retail. A breakdown of the businesses found in the SCI district currently include the following businesses: Cf Office uses: Non-profit organization, 4 architectural firms, and 2 property management companies. Service uses: Dry cleaning, Laundromat, post office branch, instructional or performing arts studio with no public performances, health and fitness facility and spa, car detailing shop, catering facility, and snow removal business. Retail uses: Consignment sporting goods store, video store, bike shop with rentals, costume and tuxedo rental store, and hardware store. Allowed uses, as per the SCI code quoted by deputy director Allgaier would also include, but are not limited to a veterinary clinic, a Pilates studio, a yoga studio, and a martial arts studio. Enclosed are photos of some of the businesses (or signs thereof) indicating the presence of the businesses already allowed in the SCI zoned buildings. The picture of the Aspen Velo bike shop indicates a sign that was put up no later than October 15' 2006. 1'-- As you know, pursuant to the city of Aspen Municipal Code, the BOA is charged with determining whether or not the office of community development has exceeded its jurisdiction or abused its discretion. The administrative body has exceeded its jurisdiction for the following reasons: 1) According to deputy director Allgaier, in zoning practice, when a use is expressly allowed in one district, it is found to be done so with intent. The businesses listed above were allowed into the SCI district with intent. That indicates that office uses, service uses and retail uses were allowed into the SCI zone with specific intent even though they might have been more appropriately located in another district. 2) The deputy director noted that secondary to the applicant not advertising as yoga/Pilates studio, or offering classes or coaching of these exercises, the business does not qualify as a yoga/Pilates studio. In fact the applicant does have an advertisement in the Aspen City map indicating instruction in yoga, among other services. 4 I I ~, J t " .;r~ I ~,-J:'~ ...)'.' ",It- ~;:t ~il ~ -J;:. .. . p' '; 'I ~~ ~ ","'. }~,J ~. 1" " j' \',; .;, ., :~:t. , " ~IIIIII -~---...- 0'70 & 1 , ~ j r '.~'_: .~' '~(J.. ( ~ \ ~ l , l . l II 1111 Therapist Personal tmining, rel...t.iilitdlion, massage. yoga. youlh fit- ness instmction. SEE MAP #71. 465 No Mill Sf, next to the ~ MO-Bt8-'55S9 ~ ~iJ! ASPEN PICTURE MAp. ~,., Your BEST GUIDE to Shops . Restaurants . Lodging Real Estate & Other Services 2007 13 b . ~ . '8 <, . " . ~ ~ , .. ~ ,. ., , i . . ! , CJll$,6:' ...... & .....- . , -- ~~ ~- d....... 1.-&GIil _ THEIW'Y --- PhysicaI1tIer.lFJ1,~~.0rlh0tiCS..A.RT. ~Reh!lIseTedvliqueJ.L.....:I_.4..II&akJalions.Badl.& Nec:k~~Reh3b.SpoftsPerlonnance 1iW*Jg & Addnoed RehIIbiibDn SEE MAP 138_ 8f6 E ~ 5H-.... 825-111I2 Tm Reed Phpfc8I Therapist PeIsoo1altraining,n!tlabiitalion,mas:sage, yoga.youIh rll- ness ir8Iruction.. SEE MAP '71. 465N.1RI Sf,..-r 10 !he smBJ&. - M' '" Jh;': 1#:,.- ... '" !he> 88": 'OF ...,~ ",.,-- .a5--.rnr '27_Ar:m!l9Iromr:itYMkt "'7.1,-;;=-c.;.:..;.,.-:-~;;iii'" ,.. / , i , , . < , , . :i: , :) 1 ~ I ry This point indicates a violation of the original city municipal code (whereby decisions of the administrative body must not be made in an arbitrary manner) and that the body is exceeding its jurisdiction due to the fact that the community development office has not defined yoga/PHates studio. For that matter they have not defined studio. The description of the listing yoga/Pilates studio must, therefore, be included with the service use "health and fitness facility". By excluding the applicant from practicing an allowed function of "health and fitness facility" with a medical license that is allowed in the zone secondary to the allowance of a "veterinary clinic" their decision has been made in an arbitrary, and in this case capricious, manner. 3) The SCI code expressly prohibits Medical Clinics. The city has not defined "clinic". The American Heritage Stedman's Medical Dictionary defines a clinic as a medical establishment run by several specialists working in cooperation and sharing the same facilities. The applicant is not a clinic by that very definition. As an aside, the site was chosen for this very reason: lower cost allows one person (employee/owner) to provide all of the services for the patients/clients. 4) The SCI code expressly prohibits fitness clubs. The city has not defined "club". When sampling the term clubs in the area, all have a common theme: membership. While the applicant does not offer, and will never offer membership, one business does just that in the SCI zone. Once again, an arbitrary enforcement. The applicant is providing a service (allowed in the SCI zone) with a medical degree and license (allowed in the SCI zone) serving the local population (the intent ofthe SCI zone) in the best way that the applicant is aware. -- 15 The city community development office has been overzealous in its attempts to enforce the code in ways that violate the city's own municipal code. By misleading the applicant in the early stages of the process, exceeding every conventional time-frame as dictated by the city's own standards, and by attempting to enforce the SCI code in an arbitrary manner, they have put the applicant and his family under undo and needless stress. For that reason, and as described by the deputy director, the criteria for the BOA to review the appeal presented by the applicant has been met. As for the applicants appropriateness in the SCI district two factors clearly indicate that the BOA should vote NO on the resolution presented before them: 1) The intent ofthe SCI district has been met in preserving and enhancing a locally-serving non-retail small businesses 2) The enforcement of the code and acceptance of allowable uses has, by the deputy director's own words, been done so with intent, when expressly allowed in one district. The~efore the use, as long as it is not expressly prohibited, should be allowed. March 1,2007 Todd Grange City of Aspen Community Development 130 S Galena Aspen CO 81611 Hand Delivered Dear Todd: I am writing on behalf of Tim Reed's application for us of SCI space on Mill Street. Tim has made every effort to keep his practice accessible to thus of us with fewer resources and genuine physical therapy needs. Tim provides the type of service that is being driven out of the community by rising rents. I have serious reservations about a process that allows zoning decisions on a case by case basis. Tenants should have clear rules on use prior to entering a lease. That being said, this is not the time to create new rules. In this instance, I hoipe you can justifiably rule that Tim reed may remain in the SCI space. ThankYOU$;fc4~ Mick Ireland ' 920-2858 mick@sooris.net Page I of I Todd Grange From: etcco@aol.com Sent: Thursday, March 01, 2007 910 AM To: Todd Grange Cc: timsmassage@hotmail.com Subject: Aspen Manual Therapies Dear Tod, This letter is for to support Tim Reed of Aspen Manual Therapies to be able to keep his practice in his current location. Tim is an asset to the Aspen Community and has helped many, including myself and my ankle, in his occupation as a physical therapist, personal trainer, massage therapist. 11 would be a shame. to lose such a resource simply because he has studied and worked hard to obtain a "license" in his career when there are so many people working with those same "titles" who don't have nearly the same dedication or knowledge that Tim posseses. Tim has kept his prices "reasonable" which allows many of his patience to afford treatment which they may otherwise never be able to access. Sincerely, Erika Teich Corbin, EA I'his message (including any attachments) wntains confidential int{)rmation intended for a specific individual and purpose. and is protected hy law. I f you arc not the intended recipient, you should delete this message and arc hcrehy notified that any disclosure. eopving. or distribution of this message. or the taking of any action hast:d dn 11- is stricti) prohibik'd. IRS ClRCLLAR DISCI.OSl RL. Tll ensure complianCe with requirements imposed by the Internal Revenue Service. wc in!()rm VllU that any advice with respect to tax matters contained in this communication (including attachments) was neither written nor intended by tbe sender or Ene-Tax Services to be used. and cannot be used. hy any person f{)f the purpose of: (i) avoiding tax-related penalties: or (ii) pwmoling, marketing or recc)mmending to another person any transaction or matter addressedin this communication. AOL now offers free email to everyone. Find out more about what's free fromAOL at AOL.com. 3/1/2007 Page I of2 Joyce Allgaier From: Townsend, MarrGwen [marrgwen@taltrade.com] Sent: Thursday, March 01, 2007 11 :57 AM To: Joyce Allgaier Subject: Tim Reed Hearing March 1st I am a client of Tim Reed and a homeowner in the town of Aspen. I understand that you are having a hearing today regarding Tim's presence at 465 N. Mill Street and the compliance with the code. I cannot be at the hearing but I would like to express my hope that Tim be allowed to continue to operate his business in the space where he is located. I believe that Tim provides a valuable service that the town of Aspen should encourage. I became a client of Tim's after knee surgery caused by a skiing accident in Aspen. My knee surgery was performed successfully by Dr. Pevney of Aspen but I was not recovering properly. i saw several physical therapists but did not make satisfactory progress until I found Tim Reed. Tim Reed's service is special for two reasons. First, the client gets Tim's entire attention for the appointment period rather than being shunted between machines and interns while therapist sees several other patients. That means that Tim is able to stay focused on the patient and help solve their problem. Second, Tim is trained in all of the components required for recovery which is rare in this field. Sometimes the cause of the problem is mysterious. Many therapists pass the patient between different practitioners, such as trainers or massage therapists. Continuity is very important because information is lost in the handoff and sometimes no handoff takes place because it is too hard for a recovering patient to travel to different places for different treatments. Speed is very important if the patient is going recover quickly before scar tissue is formed. I do not understand the particular legal issues of the zoning of this area but my impression is that the area is zoned for service and Tim is performing a service. The visibility and accessibility of the space is important to this kind of service. This space is easy to see so potential patients can find out about Tim easily. Being able to drive to the front door of the facility is so helpful when you are recovering from surgery. Struggling on crutches from a distant parking space is hard and additional injuries can happen. The afford ability of the space is important because other more expensive space would mean that Tim would have to juggle multiple clients at one time or the business would not be viable. I also think that Tim's business is good for the other business of the area. I know that I have come to know and use other businesses because I became familiar with them when I was visiting Tim's facility. I would not bore you with the details of my situation except that I think it is a common one. Many people have successful surgeries after skiing accidents only to fail to recover their previous quality of life because of the inadequacies of the physical therapists. Tim's model is a successful one for the patient and I believe it the kind of service that Aspen wants to encourage. hope that your hearing resolves the situation and he can continue in this space. Thank you for your attention. Sincerely, MarrGwen Townsend 3/1/2007 Page I of I Todd Grange From: JILLSRUBI@aoLcom Sent: Thursday, March 01, 2007 10:56 AM To: Todd Grange Subject: tim reed dear mr. grange, yes, this is a letter of support for tim reed. i am a colorado resident and aspen home owner for 35 years. two years ago ,i sustained a horrifying ski accident in which i shattered my hip and my pelvis. after surgery i was told to do physical therapy to be able to walk without crutches or canes. i started therapy with tim and am not only walking, i can ski again. tim reed is a gifted man. he knows his stuff. at no time did i get the impression he was "medical facility" there were no prescription,no medications. nothing but exercises that improved balance,coordination and strength. this gave me the hope that i wouid walk properly again. when i am in tim's studio.all i ever see are locals. my husband is now working with tim for his "golf hip" i don't want to brag but he shot a 76 last week. tim's gift and it is a gift, is enjoyed by those of us who live and work here .he is not a 'clinic" there are no nurses, diagnostic machinery, no X-ray. tim reed is a great asset to this very athletic community. this is a case of a much needed service for our community. i hope you will view favorably upon tim's application to stay in his present location which is so convient to all of us. i hope you never need his services, but i could not recommend anyone more highly.. thank you for your consideration. jill st. john wagner AOL now offers free email to everyone. Find out more about what's free from AOL at AO.L.com. 3/1/2007 I I am a member of the community who has a proven record of serving the community in every way that my occupation allows. I am a father of two small children, who, with my wife, hope will be able to consider Aspen their home even after they graduate from the Aspen High School. I have devoted my time, energy and passion to my family and to my job. I represent the very locally-owned, locally-serving business that city council wants. As a physical therapist I am trained in a variety of disciplines. The three basic tenets of physical therapy as determined by the American Physical Therapy Association are 1) Dia&-nose and manage movement dysfunction and enhance physical and functional abilities. 2) Restore. maintain. and promote not only optimal physical function but optimal wellness and fitness and optimal quality of life as it relates to movement and health 3) Prevent the onset, symptoms, and progression of impairments, functional limitations, and disabilities that may result from diseases, disorders, conditions, or .. . IDJunes. Physical therapy is also directed by a set of professional values that include: accountability, altruism, compassion/caring, integrity, professional duty, and social responsibility . 2- All of these tenets and values are the basis for my business. The community development office has cast me as a violator of the code, when in fact I meet the standards of the code as it is written and has been enforced. My license to practice Physical Therapy allows me to use any means at my disposal to reach the tenets listed above. That same license allows me to practice both of the disciplines, yoga and Pilates, that are approved uses in the SCI code. I am allowed to use them as modalities to solve a problem or condition. I can, and do, also use them as stand-alone methods of improving function. The zoning officer listed several aspects of my letter dated July 20, 2006 as evidence of my non-compliance. Please allow me to respond: movement exercise for rehabilitative purposes and fitness are used in the same manner as a Pilates/yoga/martial arts are used in a studio. As the tenn~tes. y:oe~) and.-martial arts are not defined in the SCI code, they must be defined by their common use and understanding. Common understanding leads to a health and fitness listing found in the defined service uses of the land use code. He further states that my business otPhysical Theral?Y- qualifies as a medical clinic. Mr. Grange would get a --- -- different definition by calling The Center for Medicare Services. By their definition, and by the definition of every medical professional in the roaring fork valley, I am not a clinic until I invite another health care professional to work in my office. 3 Mr Gomge also states that my business is ~ fitness~luQ . ~ause I am focused on the wellness side of and not so much on the medical side of physical therapy. The two thoughts are just that: two separate thoughts. Focusing on the wellness side of physical therapy was a business change I made for the summer, following my discussions with deputy director, Joyce Allgaier. I changed the nature of my business and treated no patients with prescriptions, and filed no insurance claims for the summer and fall of 2006 so that I would be in compliance according to the direction given my by Ms Allgaier. Besides, how can I possibly be both a medical clinic and a fitness club when in fact my business is neither. Upon realizing that I was to be called a Physical Therapist no matter what I did, I am now asking that the BOA, in accordance with 1.04.140 of the municipal code determine 1) that the office of community development exceeded its authority and abused its discretion and 2) that the office of community development denied my right to due process by acting in a manner detrimental to my business, and that the Board of Adjustment allow me to continue to practice that service that will allow me to serve the community in the way I am most capable and that the community needs. (y This point indicates a violation of the original city municipal code (whereby decisions of the administrative body must not be made in an arbitrary manner) and that the body is exceeding its jurisdiction due to the fact that the community development office has not defined yoga/Pilates studio. For that matter they have not defined studio. The description of the listing yogalPilates studio must, therefore, be included with the service use "health and fitness facility". By excluding the applicant from practicing an allowed function of "health and fitness facility" with a medical license that is allowed in the zone secondary to the allowance of a "veterinary clinic" their decision has been made in an arbitrary, and in this case capricious, manner. 3) The SCI code expressly prohibits .Medical Clinics. The city has not defined "clinic". The American Heritage Stedman's Medical Dictionary defines a clinic as a medical establishment run by several specialists working in cooperation and sharing the same facilities. The applicant is not a clinic by that very definition. As an aside, the site was chosen for this very reason: lower cost allows one person (employee/owner) to provide all of the services for the patients/clients. 4) The SCI code expressly prohibits fitness clubs. The city has not defined "club". When sampling the term cThbs in the area, all have a common theme: membership. While the applicant does not offer, and will never offer membership, one business does just that in the SCI zone. Once again, an arbitrary enforcement. The applicant is providing a service (allowed in the SCI zone) with a medical degree and license (allowed in the SCI zone) serving the local population (the intent of the SCI zone) in the best way that the applicant is aware. -- IS The city community development office has been overzealous in its attempts to enforce the code in ways that violate the city's own municipal code. By misleading the applicant in the early stages of the process, exceeding every conventional time-frame as dictated by the city's own standards, and by attempting to enforce the SCI code in an arbitrary manner, they have put the applicant and his family under undo and needless stress. For that reason, and as described by the deputy director, the criteria for the BOA to review the appeal presented by the applicant has been met. As for the applicants appropriateness in the SCI district two factors clearly indicate that the BOA should vote NO on the resolution presented before them: I) The intent of the SCI district has been met in preserving and enhancing a locally-serving non-retail small businesses 2) The enforcement of the code and acceptance of allowable uses has, by the deputy director's own words, been done so with intent, when expressly allowed in one district. TheJ;efore the use, as long as it is not expressly prohibited, should be allowed. A r^^w \ r Aspen, February 26, 2007 To the City Boazd of Adjustments RE: Tim Reed, Physical Therapist in 465 North Mill My name is Catherine Cussaguet and I am a Pilates instructor atthe Aspen Club & Spa. I have known Tim Reed for 8 years and have had many chances to appreciate his expertise. He is one of the best Physical Therapists in town. Tim has a very unique way of working: he takes care of one person at a time for 45 to 60 minutes and he runs his business alone. Over the yeazs he has helped so many Aspenites, he is a true asset to our community. I'm asking the Boazd of Adjustments to review its decision and allow Tim Reed to continue his practice where he is currently located. ~, '~'" ,~, .T,~~ FFB 2 8 ZoOj , +r :~Jn t ~' ~- Nlr~~ ,Left- ~b ~h owti. deuce w~11 ~~,~ I,vtt~ t~i~( ~~ ~ ~ ~'~ ~~l pv~u~swn~ do ~Cu~ s~wo da,~~ -~.~ do !-t~~.~ 1~ ~- L.e~- ~ ~- wade - ~ ~ ~ wu.la (ct t~e~.~s~~~ ~~ ~ ~ `~Ja~ al,~ ~.unnl~ds -Y`ilrt~ -~ -~#-~c 2lM~a. ~x ~ ~ ~ ~ '~v~Ci(autiaof~! QOrUl.. ~.s ~. ~~ . 1~1~.~-~E~ -ka~k j~ a~W~{s cLe~~,~l-E- 4w~,V1 ~au~1 ~~~`L~ ~~ 1 ~~vtT ('~u~ l+n' (,SSA W~ ~ a ~- ~. -Ja~ Rsk ~E- /~Fi,Yt• - tom- -~ ~'Gttc.~Anx.~ ~~ V'~ Sib I;~ tn,CC,c, G.N. wc, ati ~ (~wd '(Nr~Uti7 VlT1~tl~ - ~V15iN~ ~W ~ylGttotfiivµ~n~ ~v~~y,,tt~ wA Gk.-! ~ ~ • v WQ. ~wN2 Lu65 ate( -~'~y've aL( ~U•~wd~. ~~jtGc~ T~~D~ `IJI,T'1,V1,Lf~S ~~ `~a~N Get ~rir~'csswv+ . ble ~~ Ina._ Ino,~y3 } 1~.~ ~~,. c~~ s~ ~e,~. ~-~,P,,~cs~ ~ 2~.:z. ~xl~ ~ ~ ~~ t-I~c P ~ ~~ ~~. ~'t~ IMw~. c~~,~,,;.. ~~G,~~i.:. ~ ~~ ~o~uticsz ~I~ ~ -4~ ~~ ~~ Z w. C~,ok~ - i~.,~ ~~; a ~l ~ gfi~N- dtswsS,;,.. c~.~ ~•~, ~.. ~~ ,~ ~.-. ~,,~,r. 7~1 j ~~ ,~ d~ WG.S I~• ~ ln~~ ~b ~ ~ ~ (~- c dtk P nos '~1~R~iut~s ~,~ ~, P ~kJ. ~ (row clunt_ ~f ~a vie -{~kl. ~Nq~rF- ~- sl~al sU ~Oe ~f5 'NO~ ~lT ~~% -- 0. ~Ca. is ~~ts ~w ~rw- dsdol.G ~ ..~- ~. _, i ~^ S a- N%, NM1ld 1z ~rr~p~~Inle. "~ l~~e C.~.r..y~- e ~- ~.[ ~~,,f .~i..,. ~1~~ ~ off( ~~1 ~~ - I9~8-`~ e~~. box I~,,J ~, c~ ~, -~-{,~ Gl'~-~ ,~ . 2 ~~ ~ ~ GlL {'Gr.~~,... ~~ ~5~--~ .-. ,A, ~. , ~, 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 a medical/fitness service business is not permitted per the Land Use Code, Chapter 26, of the Municipal Code. The applicantlowner is Timothy Reed and the subject property is located at 465 North Mill Street. All correspondence and questions should be directed to Todd Grange, Zoning Officer @ 429- 2767, or toddg_(a ci.asoen.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 ,~. ,.~, ,,,, July 20, 2006 Aspen Manual Therapies & Rehabilitation Tim Reed MS PT P.O. Box 2086 Aspen, CO 81612 RE: Zoniug Violation of Permitted Uses in the Service/CommerciaUIndustrial (SCI) Dear Tim Reed: It came to my attention, through a citizen complaint and a visit to your store on 7/18/06 that above-cited business is in violation of the following regulations as it relates to the Permitted Uses in the S/C/I zone district (Section 26.710.160(B)(14): B. Permitted Uses 14. 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 Clinics and fitness clubs. It has also come to my attention afrer checking with Larry Thoreson the Sales Tax Administrator for the City of Aspen that your business license is inactive. After calling to verify this you informed me that it was active through 2005 and had not been activated in 2006. Since that conversation on 7/19/06 you came in that same day and activated your license The City of Aspen asks that you remove /change your location from the S/C/I zoned district to a zone district that permits these activities or adjust /change your services to fit the underling zoning permitted uses and continue to comply with the underlying zoning regulations. Failure to do so may result in a municipal court citation. Please contact me with any questions at (970) 429-2767. Regards, Todd Grange, Zoning Officer City of Aspen ~. s' E9t ~& ge[ard Navigate fgm ReporTz FORgat Tab Ndp ,..,~ ..,! i. •z.' ;1 g. 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