HomeMy WebLinkAbout#landuse case.HP.305 S Mill St.0015.2013.AHPC 40
THE CITY OF ASPEN
City of Aspen Community Development Department
CASE NUMBER 0015.2013.AHPC
PARCEL ID NUMBERS
PROJECTS ADDRESS 305 S MILL STR
PLANNER AMY SIMON
CASE DESCRIPTION POP CORN WAGON IMPROVEMENT
REPRESENTATIVE CRAIG CORDTS -PEARCE 319 0060
DATE OF FINAL ACTION 08/16/2013
CLOSED BY ANGELA SCOREY ON: 11/11/13
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Permit type ahpc Aspen Historic Land Ilse Perms f 001 13�Oa�A-HPC
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Description APPLICATION FOR ABOVE THE SALT-POP CORN''AiAGON IMPROVEMENTS Issued
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Submitted CRAIG GORCTS PEARCE 319 0060
Clock Running Days X10 Expires 0 '12201
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Last name CORDTS PEARCE First name CRAIG 137 V,,111-1-1 40S RAIICH DR 3
ASPEN 970 319 0060 O 81611
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Last name iCORDT�—_S PEARCE First name CRAIG 137 VVILLIAMS RANCH DR
ASPEN CO 81611
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DEVELOPMENT ORDER
of the
City of Aspen
Community Development Department
This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070,
"Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen
Municipal Code. This Order allows development of a site specific development plan pursuant to
the provisions of the land use approvals, described herein. The effective date of this Order shall
also be the initiation date of a three year vested property right. The vested property right shall
expire on the day after the third anniversary of the effective date of this Order, unless a building
permit is approved pursuant to Section 26.304.075, or unless an exemption, extension,
reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After
Expiration of vested property rights, this Order shall remain in full force and effect, excluding
any growth management allotments granted pursuant to Section 26.470, but shall be subject to
any amendments to the Land Use Code adopted since the effective date of this Order.
This Development Order is associated with the property noted below for the site specific
development plan as described below.
Craig Cordts-Pearce (tenant) 520E Durant Avenue Aspen CO 81611
Property Owner's Name, Mailing Address
305 S. Mill Street, Aspen Commercial Condominiums Unit A and Common Area, Block 19, City
of Aspen, Colorado, Parcel ID: 2737-182-17-004.
Legal Description and Street Address of Subject Property
The tenant received approval for a minor project affecting the outdoor dining space.
Written Description of the Site Specific Plan and/or Attachment Describing Plan
HPC granted approval via Resolution #13, Series of 2013 on April 17, 2013 and Resolution #15,
Series of 2013 on April 24, 2013
Land Use Approval(s) Received and Dates(Attach Final Ordinances or Resolutions)
May 9, 2013.
Effective Date of Development Order(Same as date of publication of notice of approval.)
May 9, 2016.
Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and
revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.)
Issued this 29th day of April, 2013, by the City of Aspen Community Development
Director.
1
I
Chris Bendon, ommunity Development Director
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306
ASPEN LAND USE CODE
ADDRESS OF PROPERTY:
Aspen, CO
STATE OF COLORADO )
ss.
County of Pitkin )
I, S, C (name, please print)
being or representing an Applicant to the City of Aspen, Colorado, hereby personally
certify that I have complied with the public notice requirements of Section 26.304.060
(E) or Section 26.306.010 (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 fourteen (14)
days after final approval of a site specific development plan. A copy of the
publication is attached hereto.
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 no later than fifteen
(15) days after an Interpretation has been rendered. A copy of the publication is
attached hereto.
Signature
The foregoing "Affidavit of Notice"was acknowledged before me this '_1 day
of J--t6t.<- , 20J3 by c �
o� Y pUe`i WITNESS MY HAND AND OFFICIAL SEAL
'0p'.M. My commission expires:
PUBLIC NOTICE NN 114G
DEVELOPMENT APPROVAL s'� ,
Notice is herebt given to the general public of the �.•T'
approval of a rte specific development plan,and Notary Public
the creation of a vested property right pursuant to �1n
the Land Useg/Code of the City of Aspen and Title I EXes O�Z4�2014
24,Article W Colorado Revised Statutes,pertain- C P
ing to the following described property,305 S.Mill
Street,Aspen Commercial Condominiums Unit A
and Colo-
rado,Parcel nID r2737-182-19,Block 1 -004 by order of the
Community Development Director on April 29, ATTACHMENTS
2013. The applicant,Craig Corats-Pearce,ob- COPY OF THE PUBLICATION the
tained outdooar dining)space anOtheOsubjecteprlope property
through HPC Resolutions#13 and#15,Series of
2013. For further intormation contact Amy Guthrie,
at the City of Aspen Community Development
Dept.130 S.Galena St,Aspen,Colorado(970)
429-2758.
s/City of Aspen
Publish in The Aspen Times on May 9,2013.
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MEMORANDUM
TO: Aspen Historic Preservation Commission
FROM: Amy Guthrie, Historic Preservation Officer
RE: 305 S. Mill Street- Minor Development and View Plane Review, Public Hearing
DATE: April 11, 2013
SUMMARY: The applicant
requests HPC approval for minor
changes to the outdoor seating and
Popcorn Wagon area located at 305
S. Mill Street. The property is in .
the Commercial Core Historic
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District. y .'°
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APPLICANT:Craig Cordts-Pearce. '
PARCEL ID: 2737-182-17-004.
ADDRESS: 305 S. Mill Street,
Aspen Commercial Condominiums
Unit A and Common Area, Block
19, City and Townsite of Aspen, CO.
ZONING: Commercial Core.
MINOR DEVELOPMENT
The procedure for a Minor Development Review is as follows. Staff reviews the submittal
materials and prepares a report that analyzes the project's conformance with the design -
guidelines and other applicable Land Use Code Sections. This report is transmitted to the
HPC with relevant information on the proposed project and a recommendation to continue,
approve, disapprove or approve with conditions and the reasons for the recommendation. The
HPC will review the application, the staff analysis report and the evidence presented at the
hearing to determine the project's conformance with the City of Aspen Historic Preservation
Design Guidelines. The HPC may approve, disapprove, approve with conditions, or continue
the application to obtain additional information necessary to make a decision to approve or
deny. If the application is approved, the HPC shall issue a Certificate of Appropriateness and
the Community Development Director shall issue a Development Order. The HPC decision
shall be final unless appealed by the applicant or a landowner within three hundred (300)feet
of the subject property in accordance with the procedures setforth in Chapter 26.316.
1
Staff finding: The Popcorn Wagon is a vintage vehicle that has been used as a food cart in
Aspen since the 1960s. It appears to have been originally located in the area where it sits now,
then moved to Galena and Cooper for a time, and returned to its setting across from the Wheeler
Opera House in 1986.
In 1900, C. Cretors and Company began manufacturing horsedrawn popcorn wagons featuring
the first popcorn machines operated with electric motors. Remaining examples of these wagons
can be found in use around the country. Snowmass Village and Vail are nearby communities that
have similar wagons for take and go food. The Aspen Historic Preservation Commission has
never designated the Popcorn Wagon as a historic resource, and in fact the Wagon was
significantly remodeled by a previous restaurant operator and has limited historic integrity.
Aspen's wagon sits on the subject property, on a portion of the lot that is required public
amenity/open space. Over the years, the outdoor area has offered seating for customers of the
Popcorn Wagon, and to some extent for the several restaurant tenants that have located at 305 S.
Mill. There is no requirement by the City that the owner provide outdoor dining.
Above the Salt proposes several improvements. First, the existing pavers are to be replaced with
concrete, which is viewed by the applicant as easier to maintain. The Wagon is proposed to be
turned parallel to The Wheeler Opera House, and an existing walk-in cooler and storage shed are
proposed to be shifted to allow more direct pathways to the Above the Salt kitchen area and the
trash and recycling along the west side of the building. The cooler will be sheathed in wood
siding, to create a more finished appearance.
A trellis is proposed across the site. Built in flower boxes will be installed along Hyman and
Mill.
The relevant design guidelines, which are limited in their relationship to this proposal, are
identified at Exhibit A.
In general, public amenity space is required to be open to the sky; except that the land use code
allows a trellis as follows:
Trellis structures shall only be permitted in conjunction with commercial restaurant uses
on a designated historic landmark or within H, Historic Overlay Zones, and must be
approved pursuant to review requirements contained in Chapter 26.415, Development
Involving the Aspen Inventory of Historic Landmark Sites and Structures or Development
within an H, Historic Overlay District. Such approved structures shall not be considered
as floor area or a reduction in public space on the parcel.
Nonetheless, the design guidelines encourage an openness to the area. Staff recommends two
amendments in this regard. First, we recommend that an opening in the metal planter box railing
be created somewhere along Hyman or Mill Street, to make the space more accessible to the
street. A gate is likely a code/egress requirement in any case.
2
Second, we recommend consideration of some other option for a canopy over the Popcorn
Wagon. The trellis does not provide any actual shelter from weather. The intent is to create a
frame, or stage for the cart. Staff recommends some other treatment, such as decorative lighting
be considered. The design guidelines state:
6.6 A street facing amenity space shall meet all of the following requirements:
• Abut the public sidewalk
• Be level with the sidewalk
• Be open to the sky
• Be directly accessible to the public
• Be paved or otherwise landscaped
Staff also recommends that the storage shed be shifted so that it is entirely behind the Popcorn
Wagon, screening the shed from view and also allowing a pathway from the restaurant kitchen to
the east facing door into the Wagon. The guidelines state:
14.14 Minimize the visual impacts of service areas as seen from the street.
❑ When it is feasible, screen service areas from view, especially those associated with
commercial and multifamily developments.
❑ This includes locations for trash containers and loading docks.
❑ Service areas should be accessed off of the alley, if one exists.
With these amendments, staff recommends Minor Development approval.
MOUNTAIN VIEW PLANE
The property lies directly across the street from the origination point of the Wheeler Opera House
View Plane. The View Plane projects across the site, towards Aspen Mountain at a relatively
low angle, as depicted in the attached drawings. The View Plane is at an elevation approximately
8' above grade at the northern lot line of the subject site, and runs into (is blocked by) the
existing Above the Salt restaurant structure at an elevation of approximately 8'6" above grade.
The proposed trellis structure does infringe upon the View plane, however HPC (as the reviewing
board for this project) can permit this as follows:
No development shall be permitted within a mountain view plane unless the Planning and
Zoning Commission makes a determination that the proposed development complies with
all requirements set forth below.
1. No mountain view plane is infringed upon, except as provided below.
When any mountain view plane projects at such an angle so as to reduce the
maximum allowable building height otherwise provided for in this Title,
3
development shall proceed according to the provisions of Chapter 26.445 as a
Planned Unit Development so as to provide for maximum flexibility in building
design with special consideration to bulk and height, open space and pedestrian
space and similarly to permit variations in lot area, lot width, yard and building
height requirements and view plane height limitations.
The Planning and Zoning Commission, after considering a recommendation from
the Community Development Department, may exempt a development from being
processed as a Planned Unit Development when the Planning and Zoning
Commission determines that the proposed development has a minimal effect on
the view plane.
When any proposed development infringes upon a designated view plane,
but is located in front of another development which already blocks the same
view plane, the Planning and Zoning Commission shall consider whether or
not the proposed development will further infringe upon the view plane and
the likelihood that redevelopment of the adjacent structure will occur to re-
open the view plane. In the event the proposed development does not further
infringe upon the view plane and re-redevelopment to reopen the view plane
cannot be anticipated, the Planning and Zoning Commission shall exempt the
development from the requirements of this Section. (Ord. No. 12, 2007, §22)
Staff Response: The View Plane is already blocked by the existing building. The trellis does
not worsen the condition. The project complies with the standards.
The HPC may:
• approve the application,
• approve the application with conditions,
• disapprove the application, or
• continue the application to a date certain to obtain additional information necessary
to make a decision to approve or deny.
RECOMMENDATION: Staff recommends the project be approved with three amendments; an
opening or gate in the railing, a different treatment (or no trellis) above the Popcorn Wagon, and
relocation of the shed so that it directly behind the Wagon, all to be reviewed and approved by
staff and monitor. Lighting and heat lamps are expected in this project, but have not been
selected. Approval by staff and monitor will be necessary when information is available. Vested
rights will be established as described in the resolution.
Exhibits:
Resolution #_, Series of 2013
A. Relevant HPC design guidelines
B. Application
4
Exhibit A: Relevant Historic Preservation Design Guidelines for 305 S. Mill Street, Minor
Development
HPC Guidelines
14.6 Exterior lights should be simple in character and similar in color and intensity to that
used traditionally.
❑ The design of a fixture should be simple in form and detail. Exterior lighting must be
approved by the HPC.
❑ All exterior light sources should have a low level of luminescence.
14.14 Minimize the visual impacts of service areas as seen from the street.
❑ When it is feasible, screen service- areas- from view, especially those associated with
commercial and multifamily developments.
❑ This includes locations for trash containers and loading docks.
❑ Service areas should be accessed off of the alley, if one exists.
14.15 Minimize the visual impacts of mechanical equipment as seen from the public
way.
❑ Mechanical equipment may only be installed on an alley facade, and only if it does not create
a negative visual impact.
❑ Mechanical equipment or vents on a roof must be grouped together to minimize their visual
impact. Where rooftop units are visible, provide screening with materials that are compatible
with those of the building itself.
❑ Screen ground-mounted units with fences, stone walls or hedges.
❑ A window air conditioning unit may only be installed on an alley facade, and only if it does
not create a negative visual impact.
❑ Use low-profile mechanical units on rooftops so they will not be visible from the street or
alley. Also minimize the visual impacts of utility connections and service boxes. Use smaller
satellite dishes and mount them low to the ground and away from front yards, significant
building facades or highly visible roof planes.
❑ Paint telecommunications and mechanical equipment in muted colors that will minimize their
appearance by blending with their backgrounds.
Commercial Core Historic District Guidelines
6.6 A street facing amenity space shall meet all of the following requirements:
• Abut the public sidewalk
• Be level with the sidewalk
• Be open to the sky
• Be directly accessible to the public
• Be paved or otherwise landscaped
6.7 A street-facing public amenity space shall remain subordinate to the line of
building fronts in the Commercial Core.
5
• Any public amenity space positioned at the street edge shall respect the character of the
streetscape and ensure that street corners are well defined, with buildings placed at the sidewalk
edge.
• Sunken spaces, which are associated with some past developments, adversely affect the
street character. Where feasible, these should be replaced with sidewalk level
improvements.
6.8 Street facing amenity space shall contain features to promote and enhance its use.
These may include one or more of the following:
• Street furniture
• Public art
• Historical/interpretive marker
6.65 Paving and landscaping should be designed to complement and enhance the
immediate setting of the building and area.
6
A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC)
APPROVING MINOR DEVELOPMENT AND VIEW PLANE REVIEW FOR 305 S.
MILL STREET,ASPEN COMMERCIAL CONDOMINIUMS UNIT A AND COMMON
AREA, BLOCK 19, CITY AND TOWNSITE OF ASPEN, COLORADO
RESOLUTION #_, SERIES OF 2013
PARCEL ID: 2737-182-17-004
WHEREAS, the applicant, Craig Cordts-Pearce, has requested Minor Development and View
Plane approval for 305 S. Mill Street, Aspen Commercial Condominiums Unit A and Common
Area, Block 19, City and Townsite of Aspen. The property is in the Commercial Core Historic
District; and
WHEREAS, Section 26.415.070 of the Municipal Code states that "no building or structure
shall be erected, constructed, enlarged, altered, repaired, relocated or improved involving a
designated historic property or district until plans or sufficient information have been submitted
to the Community Development Director and approved in accordance with the procedures
established for their review;" and
WHEREAS, for Minor Development Review, the HPC must review the application, a staff
analysis report and the evidence presented at a hearing to determine the project's conformance
with the City of Aspen Historic Preservation Design Guidelines per Section 26.415.070.0 of the
Municipal Code and other applicable Code Sections. The HPC may approve, disapprove,
approve with conditions or continue the application to obtain additional information necessary to
make a decision to approve or deny; and
WHEREAS, HPC may confirm that a project complies with Mountain View Plane requirements
based on the review standards of Section 26.435.050; and
WHEREAS, Amy Guthrie, in her staff report dated April 17, 2013, performed an analysis of the
application based on the standards, found that the review standards, the "City of Aspen Historic
Preservation Design Guidelines" and guidelines for the Commercial Core Historic District would
be met with conditions; and
WHEREAS, during a duly noticed public hearing on April 17, 2013, the Historic Preservation
Commission considered the application, found the application was consistent with the applicable
review standards and approved the application, with conditions, by a vote of to
NOW, THEREFORE, BE IT RESOLVED:
That HPC hereby approves Minor Development and View Plane review for the property located
at 305 S. Mill Street, Aspen Commercial Condominiums Unit A and Common Area, Block 19
City and Townsite of Aspen, Colorado, with the following conditions:
HPC Resolution No._, Series of 2013
305 S. Mill Street
Page 1 of 3
I. Create an opening or gate in the railing, for review and approval by staff and monitor
2. Design a different treatment (or no trellis) above the Popcorn Wagon, for review and
approval by staff and monitor
3. Relocate the shed so that it directly behind the Wagon, for review and approval by staff and
monitor
4. Lighting and heat lamps are expected in this project, but have not been selected. Approval by
staff and monitor will be necessary when information is available.
5. The development approvals granted herein shall constitute a site-specific development plan
vested for a period of three (3) years from the date of issuance of a development order.
However, any failure to abide by any of the terms and conditions attendant to this approval
shall result in the forfeiture of said vested property rights. Unless otherwise exempted or
extended, failure to properly record all plats and agreements required to be recorded, as
specified herein, within 180 days of the effective date of the development order shall also
result in the forfeiture of said vested property rights and shall render the development order
void within the meaning of Section 26.104.050 (Void permits). Zoning that is not part of the
approved site-specific development plan shall not result in the creation of a vested property
right.
No later than fourteen (14) days following final approval of all requisite reviews necessary to
obtain a development order as set forth in this Ordinance, the City Clerk shall cause to be
published in a newspaper of general circulation within the jurisdictional boundaries of the City
of Aspen, a notice advising the general public of the approval of a site specific development
plan and creation of a vested property right pursuant to this Title. Such notice shall be
substantially in the following form:
Notice is hereby given to the general public of the approval of a site specific development
plan, and the creation of a vested property right, valid for a period of three (3) years, pursuant
to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised
Statutes, pertaining to the following described property: 305 S. Mill Street, Aspen
Commercial Condominiums Unit A and Common Area, Block 19, City and Townsite of
Aspen County of Pitkin, State of Colorado.
Nothing in this approval shall exempt the development order from subsequent reviews and
approvals required by this approval of the general rules, regulations and ordinances or the
City of Aspen provided that such reviews and approvals are not inconsistent with this
approval.
The approval granted hereby shall be subject to all rights of referendum and judicial review;
the period of time permitted by law for the exercise of such rights shall not begin to run until
the date of publication of the notice of final development approval as required under Section
26.304.070(A). The rights of referendum shall be limited as set forth in the Colorado
Constitution and the Aspen Home Rule Charter.
HPC Resolution No._, Series of 2013
305 S. Mill Street
Page 2 of 3
APPROVED BY THE COMMISSION at its regular meeting on the 17th day of April,
2013.
Ann Mullins, Chair
Approved as to Form:
Debbie Quinn, Assistant City Attorney
ATTEST:
Kathy Strickland, Chief Deputy Clerk
HPC Resolution No._, Series of 2013
305 S. Mill Street
Page 3 of 3
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May 2012 Digital Orthophoto
_ This map/drawing/image is a graphical representation
of the features depicted and is not a legal
representation. The accuracy may change
depending on the enlargement or reduction.
Ii Copyright 2012 Aspen/Pitkin GIS
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Craig Cordts-Pearce cscp(c-com cast.net
305 S Mill St.
Aspen Co 81611
970-319-0060
MEMO
DATE: 4/10/13
TO: Amy Guthrie
City of Aspen
130 S Galena
Aspen, CO, 81611
RE: Authorization for Jeffrey Halferty Design
Jeffrey Halferty
80 Riverdown Drive,
Aspen Co 81611
970-920-4535
1 Craig Cordts Pearce authorize Jeffrey Halferty to prepare documents and co—present with me on my
behalf for Above the Salt and Pop corn wagon improvements..
Thank You,
Yours truly,
Craig Cordts Pearce
305-7 Mill Street LLC
540 West Madison Street, 251h Floor- Chicago, Illinois 60661
April 2'ZD13
Aspen Building Department
517E. Hopkins Ave
Garden Level
Aspen,CO 81511
To Whom |t May Concern:
V*e are the owner of the building located at 3US and 3O7 Mill Street inAspen. The space is occupied by
Above the Salt. Craig Cordtspearce,through his architect, has submitted a plan for minor alterations to
the space including the popcorn wagon. Landlord has approved the work aspresented.
Please accept this letter as permission from the landlord and property owner for submittal of the plans.
If you should have any questions or further requests,please call me directly at(312) 399-7814,
Sincerely,
~~
305-7 MILL STREET LLC
David B. Nelson
Manager
" X4/30/2010 11:46 31244 184 LIEN TRADING GROi PAGE 02/06
STATFAaWOF MMOW
PewpM►r!}r Address- 307$M ILL STRPEF A815"E!M,GO 61611
S~ ROBERT BARNARD TRUST
Pal+cMOW. 306.7 MALL STREET LLC A D LAVVARE LIMITED M,FABLrIY COMPANY
setf WMrvt DaW AprV 30.2010
Date of Proration: Apr&30 2010
Lem Description-
UNITS A,B AND C.ASPEN COMMERCIAL CONDOMINIUM,scowfing ffi the Condominium Map#wear re mrdaad
Nowsn ber 6.1974 In Phd Book 4 at Page 499 and w damed and descilbed in tore CimotunWum Deolpmdon for
Aspen Cwnmerdal CasWominivm reowded Novefftbar a.1974 in Book 293 at Rage 61.
Filer No: PCTZI775L7
_ Doscripeon Debit Credk
Contract Seise Prtw 5,100.000-00
SPNECA INSURANCE 1,710.00
SOURCE GAS PRORATED 1,802.16
2009 TAX PRORATION LOTS B3C 23,453.72
2010 TAX PRORATION LOTS B&C 7,710.81
INSURANCE PREMIUM PRORATED 1,359.20
SEWER CHARGES PRORATED 131.11
Deposii oreemest money 300,000.00
County Taxes 111120410 to 4f010 12,227.41
RENTS 4f30 282.1$
SECURRY DEPOSITS 4,6004.004
9ettt0ament Fee to PITKIN COUNTY TITLE,INC, 175.00
TAX RE_: ARCH 604.00
RECORD STATEMENTS CR AUTHORITY 11,00
Recording Fees 21.00
Staft TaXfStam 510.00
CITY OF ASPEN WRETT 25.5014,04
CRY OF ASPEN HRETT 50,000.00
WALSH ENVIRONMENTAL 31200,00
INSPECTION ION FEE 1,200.04
Sub-Ti 5,216,744,04 317,01li.'S!f
B01ence On From Buyer 4.$9$«724.44
TOTALS 6,210;74440 5 216,744.fk?
A O4rr1I15 and AC08PTED
;306- RILL 'l "A E31_LA:W,AFW LIMITED LIABILITY COMPANY
0.1'01
BROKER:SETTERfIELD$BRIGHT
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BROKER:LORRIE 9,ASPEN
By:
PP44t4;♦I COUNTY TITLE.NMI.
i
To: Amy Guthrie
April 91'2013
RE: Above the Salt popcom wagon- 305 S. Mill St. HPC Minor Development and Commercial Review
City of Aspen townsite of Aspen block: 82 Lot H and t
Parcel I.D. 273718217802
This written response is an explanation to how the existing/ proposed changes at 305 S Mitt Street concur with chapter
13 of the City of Aspen Historic Preservation Design Guidelines.
13.1 The proposal respects alignment to the established town grid. No footprint change is requested in this application
and all walls run at 90 degrees to the Hyman Ave. The new proposed alignment of the pop com wagon is parallel with
Hyman ave.
13.2 The current entrance for above the Salt is via Mill st, via the pedestrian mall.
13.4 The building does not contact the alley of block 82 as years ago the southern half was raised to make way for
Wagner Park. What was the-Alley of Block 82 is mow a walking path connecting Mitt street pedestrian with Monarch -
Street. At this site a dead end footpath alleyway existing and it is a secondary entrance to the adjacent properties, as
well as an allocated space for trash, recycling and oil waste. The proposal make a secondary"path" behind the new
location of the popcorn wagon to allow access to that area without having to walk onto the Cities Right of way.
13.8 No change to setbacks requested in this application.
13.9 Mass and scale do not apply to this application as it is a one story structure. This is for section 13.10 as well.
13.11 The longer facade of the structure sits along Hyman Ave. It will be divided into modules created by 8"x 8"
columns in the open space. Further division is created for a designated area for the Popcorn wagon.
13.12 Rectilinear domination is more prevalent along the north facade. This is achieved with a 4' existing parapet
creating a flat roof took.
13.13 The single story building has a flat tine took by way of four(4)feet parapet watt added in 2006 to enclose rooftop
mechanical.
13.14 Does not apply as discussed in section 13.4
13.15 Character is what makes the building what it is. The 12 foot half circle of bricks along the east side is a good
example of contemporary. The last remodel making watts to classic white stucco over the historic reclaimed wood is a
step toward balance. The added trellis and beams will compliment the existing palate.
13.16 Pedestrian activity is achieved at this congested town-site by way of open courtyard thirty (30)feet each was
from its Northeastern property comer. The revised seating area and new popcom wagon offer encouragement
and public use.
13.17 No upper floor is present on this building.
13.18 The design and application of the trellis to be located along Hyman avenue side, will give repetition. A sample
of this can be seen in the photo, section 13.18, page 12 of the City of aspen Historic preservation design
guidelines.
13.19 Currently there is no recessed entryway at this site.
13.20 Due to the twelve foot half circle bricks on the east side, this building doesn't align with neighboring building
fronts creating major variation that continues with the added new columns and trellis and the new popcorn
wagon.
13.21 This site is a comer lot that has existing architectural features and proposed features that wilt provide visual
interest to pedestrians.
Respectfully,
Jeffrey
Jeffreyhalfertydesign.com
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E
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE COD
ADDRESS OF PROPERTY: ._ ,]
(�
!S , H1(,� `�` , Aspen, CO
SCHEDULED PUBLIC HEARING DATE:
STATE OF COLORADO )
ss.
County of Pitkin , )
(name, please print)
being or representing an Applicant to the City of Aspen, Colorado, hereby personally
certify that I have complied with the public notice requirements of Section 26.304.060
(E) of the Aspen Land Use Code in the following manner:
�- 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)
ays 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 wa to at least fifteen (15) days prior to the public hearing
on the a day of_ I , 20 1,�), to and including the date and time
I the public hearing. A photograph of the posted notice (sign) is attached hereto.
ailing 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.
Neighborhood Outreach: Applicant attests that neighborhood outreach,
summarized and attached, was conducted prior to the first public hearing as
required in Section 26.304.035, Neighborhood Outreach. A copy of the
neighborhood outreach summary, including the method of public notification and
a copy of any documentation that was presented to the public is attached hereto.
(continued on next page)
lit Mineral Estate Owner Notice. By the certified mailing of notice, return receipt
requested, to affected mineral estate owners by at least thirty (30) days prior to the
date scheduled for the initial public hearing on the application of development.
The names and addresses of mineral estate owners shall be those on the current
tax records of Pitkin County. At a minimum, Subdivisions, SPAs or PUDs that
create more than one lot, new Planned Unit Developments, and new Specially
Planned Areas, are subject to this notice requirement.
t/l 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 ys prior to public hearing
on such amendments.
e-
Signature
The fo going "Affidavit of Notice" was acknowledged b fore me this ay
of 92 0 by Cr
WITNESS MY HAND AND OFFICIAL SEAL
My commission expires:
tary Public
COLD
ATTACHMENTS AS APPLICABLE:
•
COPY OF THE PUBLICATION
• PHOTOGRAPH OF THE POSTED NOTICE(SIGN)
• LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED
BY MAIL
• APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE
AS REQUIRED BY C.R.S. §24-65.5-103.3
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400 HYMAN LLC
6829 QUEENFERRY CIR 409 EAST HYMAN LLC AP RT 29 LLC
BOCA RATON, FL 33496 63 FOX PROWL 418 E COOPER AVE#207
Y CARBONDALE, CO 81623 ASPEN, CO 81611
ASPEN SKIING COMPANY LLC AVH ONION VENTURES II LLC 8.208
PO BOX 1248 601 E HYMAN AVE BARNETT-FYRWALD HOLDINGS INC
ASPEN, CO 81612 ASPEN, CO 81611 500 PRESIDENT CLINTON AVE#310
LITTLE ROCK, AR 722011760
BENTLEYS AT THE WHEELER BIDWELL BERT INVESTMENT CORP
PO BOX 10370 2870 PEACHTREE RD#427 CARLSON BRUCE E TRUST
ASPEN, CO 81612 ATLANTA, GA 30305 PO BOX 3587
ASPEN, CO 81612
CHARLIES COW COMPANY LLC CITY OF ASPEN
315 E HYMAN AVE ATTN FINANCE DEPT COLLINS BLOCK LLC
ASPEN, CO 81611 130 S GALENA ST 205 S GALENA ST
ASPEN, CO 81611 ASPEN, CO 81611
COLORADO MOUNTAIN NEWS MEDIA
CO COTTONWOOD VENTURES I LLC COTTONWOOD VENTURES II LLC
580 MALLORY WY 419 E HYMAN AVE ATTN JANA FREDERICK
CARSON CITY, NV 89701 ASPEN,CO 81611 300 CRESCENT CT#1000
DALLAS, TX 75201
COX JAMES E& NANCY
C/O KRUGER& CO CRYSTAL PALACE ACQUSITIONS LLC DENSON JAMES D
400 E HYMAN AVE 2100 E MAPLE RD, STE 200 PO BOX 1614
ASPEN, CO 81611 BIRMINGHAM, MI 48009 TUBAC,AZ 85646
DOLE MARGARET M DUVIKE INC F&M VENTURES LLC
400 E HYMAN AVE#302 C/O AERSCAPE LTD C/O MORRIS& FYRWALD RE
ASPEN, CO 816111989 230 S MILL ST 415 E HYMAN AVE
ASPEN, CO 81611 ASPEN, CO 81611
FIERCELY LOCAL FOOTLOOSE MOCCASIN MAKERS INC
328 E HYMAN AVE C/O MANUEL GOUVEIA G&K LAND CO LLC
ASPEN, CO 81611 44 SILVERADO CT. 140 PITKIN MESA DR
CANON CITY, CO 81212 ASPEN, CO 81611
GLENROY PARTNERS 2.9% GORDON DAVID F& LETICIA LLC
PO BOX 2157 C/O JOE RACZAK/NORTH OF NELL MGT GORSUCH COOPER LLC
SANTA CRUZ, CA 95063 555 E DURANT 263 E GORE CREEK DR
ASPEN, CO 81611 VAIL, CO 81657
GREENWOOD KAREN DAY
GREENWOOD STERLING JAMES GRIFFITH LARRY R HALL CHARLES L
409 E COOPER AVE 19794 ESCADA CT PO BOX 1819
ASPEN, CO 81611 REDDING, CA 96003 ASPEN, CO 81612
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HORSE ISLAND LLC HYMAN MALL COMMERCIAL CONDOS
415 E HYMAN AVE#16 LLC KANDYCOM INC
ASPEN,CO 81611 290 HEATHER LN 766 SINGING WOOD DR
ASPEN, CO 81611 ARCADIA, CA 91006
KANTZER TAYLOR M FAM TRST#1 KATIE REED BUILDING LLC KAUFMAN GIDEON 1
216 SEVENTEENTH ST 418 E COOPER AVE#207 C/O KAUFMAN &PETERSON
MANHATTAN BEACH, CA 90266 ASPEN, CO 81611 315 E HYMAN AVE#305
ASPEN, CO 81611
KOPP AMELIA L TRUST LINDNER FRITZ DISCLAIMER TRUST
1000 DOLORES WY#B 50% LOMA ALTA CORPORATION
CARBONDALE, CO 81623 66966 TEN PEAKS CT PO BOX 886
BEND, OR 97701 LANCASTER, TX 75146-0886
MCDONALDS CORPORATION 05/152
PAUL NELSON MEYER BUSINESS BUILDING LLC MILL STREET PLAZA ASSOC LLC
142 TANAGER DR 23655 TWO RIVERS RD C/O M&W PROPERTIES
GLENWOOD SPRINGS, CO 81601 BASALT, CO 81621 205 S MILL ST#301A
ASPEN, CO 81611
MOTHER LODE CONDO ASSOC INC MOTHER LODE INVESTORS LLC MTN ENTERPRISES 80B
162 BRISTLECONE DR 6400 S FIDDLERS GREEN CIR C/O HILLIS OF SNOWMASS
CARBONDALE,CO 81623 GREEWOOD VILLAGE, CO 80111 PO BOX 5739
EAGLE, CO 816315739
NH ONION VENTURES II LLC 16.918% P&L PROPERTIES LLC
601 E HYMAN AVE 101 S 3RD ST#360 PARAGON PENTHOUSE LLC
ASPEN, CO 81611 GRAND JUNCTION, CO 81501 9950 SANTA MONICA BLVD
BEVERLY HILLS, CA 90212
PEYTON MARI PROSPECTOR FRACTIONAL OWNERS
409 E COOPER#4 STE 1 ASSOC RED ONION INVESTORS LLC 65.784%
ASPEN, CO 81611 301 E HYMAN AVE#108 418 E COOPER ST#207
ASPEN, CO 81611 ASPEN, CO 81611
RG ONION VENTURES II LLC 4% SH ONION VENTURES II LLC 2.19% SILVER SLAM COMMERCIAL LLC
601 E HYMAN AVE 601 E HYMAN AVE C/O RELATED COMPANIES/JEFF BLAU
ASPEN, CO 81611 ASPEN, CO 81611 60 COLUMBUS CIR
NEW YORK, NY 10023
SLAM COMMERCIAL LLC VALLEY INVESTMENTS LLC
2100 E MAPLE RD#200 205 S MILL ST#301A WENDELIN ASSOC
BIRMINGHAM, MI 48009 ASPEN, CO 81611 150 METRO PARK
ROCHESTER, NY 14623
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LLC WILLIAMS DEXTER M WOODS FAMILY LP
315 E HYMAN 82 W LUPINE DR PO BOX 11468
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AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY:
)Aspen, CO
SCHEDULED PUBLIC HEARING DATE:
i tn? ti h L0 , 20
^EWErf U
STATE OF COLORADO ) APR 1 0 201:3
County of Pitkin
1, (name, please print)
being or representing an Applicant to the City of Aspen, Colorado, hereby personally
certify that I have complied with the public notice requirements of Section 26.304.060
(E) of the Aspen Land Use Code in the following manner:
V. Publication of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fifteen (15)
days prior to the public hearing. A copy of the publication is attached hereto.
Posting of notice.; By posting of notice, which form was obtained from the
Community Development Department, which was made of suitable, waterproof
materials, which was not less than twenty-two (22) inches wide and twenty-six
(26) inches high, and which was composed of letters not less than one inch in
height. Said notice was posted at least fifteen(15) days prior to the public hearing
and was continuously visible from the day of , 20_, to
and including the date and time of the public hearing. A photograph of the posted
notice (sign) is attached hereto.
Mailing of notice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to
the public hearing, notice was hand delivered or mailed by first class postage
prepaid U.S. mail to all owners of property within three hundred (300) feet of the
property subject to the development application. The names and addresses of
property owners shall be those on the current tax records of Pitkin County as they
appeared no more than sixty (60) days prior to the date of the public hearing. A
copy of the om,ners and governmental agencies so noticed is attached hereto.
(Continued on next page)
I
Rezoning or text amendment: Whenever the official zoning district map is in
any way to be changed or amended incidental to or as part of a general revision
of this Title, or whenever the text of this Title is to be amended, whether such
revision be made by repeal of this Title and enactment of a new land use
regulation, or otherwise,the requirement of an accurate survey map or other
sufficient legal description of, and the notice to and listing of names and
addresses of owners of real property in the area of the proposed change shall be
waived. However, the proposed zoning map shall be available for public
inspection in the planning agency during all business hours for fifteen (15) days
prior to the public hearing on such amendments.
signv6ire
The foregoin "Affidavit of Notice" was acknowledged before me thi day
of �� fl , 201 , by � GQ�LLy/� f <� �/ .
WITNESS MY HAND AND OFFICIAL SEAL
My commission expires:
Notary Public
ATTACHMENTS AS APPLICABLE:
• COPY OF THE PUBLICATION
• PHOTOGRAPH OF THE POSTED NOTICE (SIGN)
• LIST OF THE OWNERS AND GOVERNMENT AGENGIES NOTIED
BY MAIL
• APPLICANT CERTICICATION OF MINERAL ESTATE OWNERS NOTICE
AS REQUIRED BY C.R.S. §24-65.5-103.3
PUBLIC NOTICE
RE:305307 S.MILL STREET-MINOR
DEVELOPMENT AND VIEWPLANE REVIEW
I
NOTICE IS HEREBY GIVEN that a public hearing
will be held on Wednesday,April 17,2013,at a
meeting to begin at 5:00 p.m.before the Aspen
Historic Preservation Commission,in Council
Chambers,City Hall,130 S.Galena St.,Aspen.
HPC will consider an application submitted by
Craig Cordts-Pearce,520 E.Durant Avenue,As-
pen,CO,81611,related to the property located at
305-307 S.Mill Street,Unit A and Common Area,
Aspen Commercial Condominium,Block 82,City I
and Townsite of Aspen,CO.The applicant propos-
es minor changes to the courtyard and Popcorn
wagon on the north end of the property. The area
is within the Wheeler Opera House Viewplane. For
further information,contact Amy Guthrie at the City
of Aspen Community Development Department,
130 S.Galena St.,Aspen,CO,(970)429-2758,
amy.guthrie C cityofaspen.com.
s/Ann Mullins
Chair,Aspen Historic Preservation Commission
Published in the Aspen Times on March 28,2013.
[9030421]
Aff PCG
DEVELOPMENT DEPARTMENT
A
740
PR 01 Agreement to Pay Application Fees
19 � P etween the City of Aspen ("City") and
Property / CU + Phone No.:
Owner(.,I"): (�, is 2Sy v
Email
Address of - Billing
Property: Address: cj
(subject of e
application) (send bills here)
I understand that the City has adopted, via Ordinance No. , Series of 2011, review fees for Land Use applications
and the payment of these fees is a condition precedent to determining application completeness. I understand
that as the property owner that I am responsible for paying all fees for this development application.
For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these
flat fees are non-refundable.
$.0 flat fee for Select Dept $0 flat fee for Select Dept
$ 0 flat fee for Select Dept 0 Select Review
$ flat fee for
For deposit cases only: The City and I understand that because of the size, nature or scope of the proposed
project, it is not possible at this time to know the full extent or total costs involved in processing the application. I
understand that additional costs over and above the deposit may accrue. I understand and agree that it is
impracticable for City staff to complete processing, review, and presentation of sufficient information to enable
legally required findings to be made for project consideration, unless invoices are paid in full.
The City and I understand and agree that invoices mailed by the City to the above listed billing address and not
returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30
days of presentation of an invoice by the City for such services.
I have read, understood, and agree to the Land Use Review Fee Policy including consequences for non-payment.
I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment
of a deposit does not render an application complete or compliant with approval criteria. If actual recorded costs
exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the
processing of my application at the hourly rates hereinafter stated.
$ 1 '300 deposit for 4 hours of Community Development Department staff time. Additional time
above the deposit amount will be billed at$325 per hour.
$ 0 deposit for 0 hours of Engineering Department staff time. Additional time above the deposit
amount will be billed at$265 per hour.
City of Aspen:
Property Own
Chris Bendon
Community Development Director Name: C, _
e c�J'C
City Use: 1300 Title: � S'At—j--
Fees Due:$ Received: $