HomeMy WebLinkAboutLand Use Case.CU.530 E Bleeker St.A052-99
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MEMORANDUM
TO:
Aspen Planning and Zoning Commission
THRU:
Julie Ann Woods, Community Development Director
Joyce Ohlson, Deputy Director
Christopher Bendon, Planner ~
Mittel Europa Conditional Use - Public Hearing
516 East Bleeker Street
FROM:
RE:
DATE:
July 6, 1999
SUMMARY:
Corene McGovern of Mittel Europa, representing BCS Properties, owner, has
applied for a conditional use approval for a consignment retail establishment and
sales of consumer goods (primarily furniture) with more than 25% of the floor
area devoted to retail sales at 516 East Bleeker Street, located in the
Service/Commercial/Retail (SCI) Zone District. The business also will include
several uses which are permitted in the SCI district including fabric and sewing
supply, repair and alteration of furniture, some basic manufacturing, production of
handmade artistic carvings, and some warehousing and storage,
The SCI Zone District recently underwent a lengthy review to determine the
appropriate permitted and conditional uses, level of retail and customer service
area, affordable housing densities, dimensional requirements, and parking,
Several uses were determined to be appropriate with no review, even with 100%
of the floor area devoted to retail and customer service use, Other uses were
determined to be conditional uses based on their potential impacts, As a general
rule, more than 25% of the floor area for retail and customer service space
requires a conditional use for any uses not specifically
As the first application to be reviewed under this new zoning, this application
proposes several uses, including uses which are permitted, conditional, and which
may contain varying amounts of retail and customer service area. The business
will contain second hand consignment, furniture repair and upholstering, sales of
reconditioned antique furniture, fabric sales, manufacturing of pillows, curtains,
and other interior decoration items, sales of those interior decoration items, and
some warehousing and storage areas incidental to the shop, The repairs,
upholstering, etc, are proposed on-site in approximately half of the space while
the other approximately 50% of the store will be accessible to customers and
function as a showroom and retail area,
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Due to the range of uses being proposed, the25% provision is difficult to assess
with a business of this sort, There is no percentage limitation for the fabric sales
and, if approved, the consignment use. However, this pertains to the portion of
the building housing those uses as the remaining uses are only allowed to use up
to 25% of the floor area for retail and customer reception, Considering the
overlapping of uses proposed and the complexity of restricting certain uses to
percentages of the store, staff and the applicant agreed that the conditional use
application should include the request to exceed the 25% limitation, By defining
the amount of showroom and retail space for this business, enforcement of the
conditional use would be much easier than trying to determine the amount of floor
area devoted to specific uses,
Staff supports this application and the proposed 50% retail and customer reception
area, Throughout the entire SCI discussion, the desire to return the manufacturing
and repair of consumer goods into Aspen was paramount. This application
appropriately combines these permitted uses with conditional uses to support and
sustain them, It is important to recognize that the applicant has the ability to use
25% of the floor area as accessory retail for the furniture repair and re-upholstery
uses and that a greater percentage could be utilized for the fabric sales, The
amount of space that will be accessible to the general public is appropriate for the
types of uses being proposed, In fact, these types of businesses usually allow
access to all areas of the store accept the repair section,
The City's Conditional Use standards address the incremental increase in
employment generation, According to the land owner, the former businesses
employed approximately seven full-time people, The applicant is expecting to
employ three persons, The Housing Office requested additional information from
the applicant regarding the former businesses, Staff is expecting a follow-up
memorandum from the Housing Office to be available and presented at the public
hearing for the Commission to appropriately respond to this criterion,
Staff recommends approval of the Conditional Use for Mittel Europa at 516
East Bleeker Street, with conditions.
ApPLICANT:
BCS Properties, owner, Represented by Corene McGovern, business owner,
LOCATION:
516 East Bleeker Street
ZONING:
Service Commercial/IndustriaL (SCI)
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CURRENT LAND USE:
Vacant. The previous uses were a paint store and an electric repair shop,
PROPOSED LAND USE:
Furniture repair, upholstery, and sales, consignment sales, sales of fabric and
upholstery items, manufacturing of interior decorating items, and storage,
PREVIOUS ACTION:
The Planning and Zoning Commission has not previously considered this
application,
REVIEW PROCEDURE:
Conditional Use. With a recommendation from the Planning Director, the
Commission may approve, approve with conditions, or deny a conditional use
application at a public hearing,
BACKGROUND:
The SCI Zone District provision recently underwent a re-WTite, The final
Ordinance for this zone district is attached,
STAFF COMMENTS:
Review criteria and staff findings have been included as Exhibit "A." Agency
referral comments are included as Exhibit "B," SCI Zone District provisions are
attached as Exhibit "c," Letters received by the Planning Department have been
included as Exhibit "D," The application is attached as Exhibit "E,"
RECOMMENDATION:
Staff recommends the Planning and Zoning Commission approve the Conditional
Use for Mittel Europa with the following conditions:
1, The store operator shall maintain the loading area free and clear of obstructions, No
parking shall be allowed in this loading area,
2, Prior to issuance of a business license, the applicant shall demonstrate to the
satisfaction of the Housing Office that the proposed use does not generate more
employees than the previous businesses,
3, Any expansion or other significant change in the operation of this use will be subject
to all applicable requirements of the Municipal Code which may include conditional
use approval from the Planning and Zoning Commission,
4, The applicant shall record this Planning and Zoning Resolution with the Pitkin County
Clerk and Recorder located in the Courthouse Pla2a Building, There is a per page
recordation fee, In the alternative, the applicant may pay this fee to the City Clerk who
will record the resolution,
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5, AIl material representations made by the applicant in the application and during public
meetings with the Planning and Zoning Commission shall be adhered to and considered
conditions of approval, unless otherwise amended by other conditions,
RECOMMENDED MOTION:
"I move to approve the Conditional Use for Mittel Europa at 516 East Bleeker
Street, with the conditions outlined in the Staff memo dated July 6, 1999,"
ATTACHMENTS:
Exhibit A -- Review Criteria and Staff Findings
Exhibit B -- Agency referral comments
Exhibit C -- SCI Zoning Ordinance
Exhibit D -- Letters from area businesses
Exhibit E -- Application
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AGENDA
ASPEN PLANNING & ZONING COMMISSION
REGULAR MEETING
TUESDAY, JULY 6, 1999, 4:30 PM
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SISTER CITIES MEETING ROOM, CITY HALL
I. COMMENTS
A. Commissioners
. B. Planning Staff
C. Public
II. . MINUTES
DECLARATION OF CONFLICTS OF INTEREST
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III.
IV.
PUBLIC HEARING
4:45-4:50 A.
4:50-4:55 B.
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~ 5:00-5:05 D.
~. 5:05-5:30 E.
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\ 5:3Q-6:00 F.
. 6:00-6:30 G.
'-; 6:30-7:00 H.
4:55-5:00 C.
Ba~n Inn Conceptual PUD (continued to July 20,1999), Joyce Ohlsion
Sig~de, Code Amendment (continued to August 3, 1999), Sarah Oates
~~~_a.. Conditional Use Review (continued to date to be determined),
~~ Ohlson. .
'lIiams Ranch Substantial PUD Amendment (continued to August 3,1999),
Chr Bendon
Modification of Conservation (C) Zone District Related to
FAR (continued from June 15, 1999), Joyce Ohlson
308 North First; Addition to Historic Inventory (continued from June 1,
1999), Amy Guthrie
488 Castle Creek Road Rezoning, Chris Bendon
Mittel Europa Conditional Use Review, Chris Bendon
V. ADJOURN
Times are approximate. We recammend applicants arrive at least',!, hour prior t9the scheduled time.
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EXHIBIT A
STAFF COMMENTS
Section 26.60.040, Standards Applicable to all Conditional Uses
(A) The cQnditiQnal use is cQnsistent with the purpQses, gQals, Qbjectives and
standards of the Aspen Area Comprehensive Plan, and with the intent of
the zone district in which it is proposed to be located.
Staff Finding:
The SCI Zone District was recently subject to a complete review, This process
recognized the appropriateness of a limited amount of retail and customer service area for
any type of use and larger percentages for specific uses, based on their typical operational
characteristics, In addition, certain uses were included as conditional uses in order for
here to be a review to determine the appropriateness of the use on an individual basis,
The repair of furniture, making of artistic wood carvings, and the sale of fabric and
upholstery supplies are permitted uses in this zone district. The fabric sales use can have
an unlimited percentage of space for retail use, The furniture repair use may have up to
25% of the space devoted to retail activity, The rationale behind the larger retail
allowance for a fabric shop discussed during the re-write of the zoning was that the
operational characteristics of a fabric shop are that customers generally have access to the
entire store, similar to a hardware store,
The two conditional uses proposed are the consigmnent retail of second-hand furniture
and the increase to approximately 50% for retail and showroom area, The proposed store
operator is expecting to primarily sell furniture on consigument. This is a use allowed an
unlimited amount of customer service area if approved as a conditional use, The store
operator does expect to also sell furniture outright (not on consigmnent),
. The differing percentages of retail and showroom space depending upon use is confusing
at best. The range of uses proposed can all have this baseline 25% for retail space. The
fabrics sales and consignment retail may have up to 100%, Staff believes it to be
important to establish the percentage of retail and showroom space for this business as a
total in the conditional use review,
The stated purpose of the SCI Zone District is as follows:
The purpose of the Service/CommerciallIndustrial (S/CII) zone district is to allow for the
use of land for the preservation or development of limited commercial and industrial uses
which: may not be appropriate in other zone districts; do not require or generate high
customer traffic volumes; are primarily oriented to the manufacturing, repair, storage,
and servicing of consumer goods and have a limited office, showroom, retail, or
customer reception area; and, to permit artist's studios as well as customary accessory
uses, including affordable residential dwelling units accessory to permitted uses,
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Staff believes the uses being proposed are in conformance with the goals and objectives
of the SCI Zone District. The types of uses and the amount of retail and customer service
area were specifically discussed during the code re-write as appropriate and desirable for
this area of town, While individual uses being proposed may be appropriate in other zone
districts, the business as a whole is entirely appropriate to be located within the SCI Zone
District. Staff does not believe this use will generate an inordinate amount of customer
traffic, And, the business is primarily oriented to manufacturing and servicing of
consumer goods,
(B) The conditional use is consisteut and compatible with the character of the
immediate vicinity of the parcel proposed for development and surrounding
land uses, or enhances the mixture of complimentary uses and activities in
the immediate vicinity ofthe parcel proposed for development.
Staff Finding:
Staff feels that this proposed use is compatible with the surrounding uses in the area, The
SCI Zone District area between East Bleeker Street and Rio Grande Place has a mixture
of on-site repair and light manufacturing types of uses, Not all, but a majority of the
businesses incorporate some active customer service areas,
(C) The location, size, design and operating characteristics of the proposed
conditional use minimizes adverse effects, including visual impacts, impacts
on pedestrian and vehicular circulation, parking, trash, service delivery,
noise, vibrations and odor on surrounding properties.
Staff Finding:
There appears to be sufficient parking for the parcel with this proposed use, Staff
believes the parking demand will be approximately the same as, or possibly less than, the
former uses for this space, There is adequate space for delivery and customer pick-up
parking and loading, This delivery area is important to this type of use which many
businesses do not enjoy,
Considering the uses contained within the building, the parking provided exceeds the
requirements of the land use code, In addition, staff believes that the proximity to the
downtown core may slightly reduce the parking demand, as some people will walk to the
store, It should be noted, however, that customers will rarely carry home a large piece of
furniture, Again, the loading area serves an important function,
(D) There are adequate public facilities and services to serve the conditional use
including but not limited to roads, potable water, sewer, solid waste, parks,
police, fire protection, emergency medical services, hospital and medical
services, drainage systems, and schools.
StaffFinding:
There are adequate facilities to serve the proposed use, The are sufficient roads, public
utilities, site improvements, emergency services, and fire protection systems for this use,
(E) The applicant commits to supply affordable housing to meet the
incremental need for increased employees generated by tbe conditional use. .
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Staff Finding:
Staff requested the applicant provide the Housing Authority with the employment
generation figures based on the previous use and the proposed use, The former
uses for this space were Main Street Printing and Summit Paint. According to the
land owner, BCS Properties, those two businesses employed approximately seven
people full time, The applicant has indicated her store will employ approximately
3 full time employees,
The purpose of this standard is to ensure the conditional use does not unduly
burden the community in terms of employment generation, Staff's understanding
of this proposed use is that it is not expected to employ more people than the
previous use, Staffs general understanding, however, should be viewed
secondary to the recommendation of the Housing Office, Their expertise in
employment generation is more precise than the Planning Department's,
Moreover, the Housing Office has requested additional information from the
applicant to document the previous and proposed employment generation figures.
The applicant is continuing to work with the Housing Office in documenting the
previous employment generation figures, At the time this memorandum was
completed, a follow-up response from the housing Office had not been provided,
If staff receives a recommendation from the Housing Office regarding this
standards, it will be presented during the hearing to provide the Commission with
adequate information to rule of this standard, If a Housing Office
recommendation is not received and cannot be presented by staff, staff
recommends the hearing be tabled until the Commission has the information
necessary to make a finding on this criteria,
(F) The proposed conditional nse complies with all additional standards imposed on it
by the Aspen Area Comprehensive Plan and by all other applicable reqnirements of
this title.
Staff Finding:
Staff believes this proposed conditional use is consistent with the AACP, The
Commercial Section of this document encourages the preservation and expansion of the
S/C/I Zone District as a place for local serving businesses, Encouraging the inclusion of
local service and light industrial businesses is a goal of the greater community, as
identified in the AACP, and one in which the discussion during the SCI code
amendments encompassed, These types of light industrial and service uses that benefit
the community reduce the necessity to drive downvalley for similar services,
During the review of the SCI District, the retail component of the zoning was specifically
incorporated to provide businesses with an appropriate level of retail use to accommodate
their business, As a permitted use, any business can have up to 25% of it's floor area, in
combination, devoted to retail sales, office, showroom, or customer service, This
provision assumes that the types of businesses intended for the zone customarily address
the customer, have an office, and sell items as an accessory use, The conclusions in the
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MEMORANDUM
To:
Chris Bendon, Planner
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Nick Adeh, City Enginee~/1-t./ t://
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Chuck Roth, Project E5gineer C!I-
Thru:
From:
Date:
June 18, 1999
Re:
Mittel Europa Conditional Use Review
General - (1) These comments are based on the fact that we believe that the submitted site plan is
accurate, that it shows all site features, and that it is feasible, The wording must be carried forward
exactly as written unless prior consent is received from the Engineering Department. This is to halt
complaints related to approvals tied to "issuance of building permit." (2) If there are any
encroachments into the public right-of-way, the encroachment must either be removed or be subject
to current encroachment license requirements.
1. Trash & Utilities - Trash containers must be stored on private property and not in the public
right-of-way, Any new utility meters, pedestals or transformers must be installed on the applicant's
property and not in the public right-of-way, Meter locations must be accessible for reading and
may not be obstructed by trash storage,
2, Parking - There appears to be sufficient on-site parking for the use,
3, Work in the Public Right-of-way - Given the continuous problems of unapproved work and
development in public rights-of-way adjacent to private property, we advise the applicant as
follows:
The applicant must receive approval from city engineering (920-5080) for design of
improvements, including landscaping, within public rights-of-way, parks
department (920-5120) for vegetation species and for public trail disturbaIlce, and
streets department (920-5130) for mailboxes, street and alley cuts, and shall obtain
permits for any work or development, including landscaping, within public rights..
of-way from the city community development department.
99M85
JUN 17 '99 03:16PM ASPEN HOlSING OFC
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MEMORANDUM
TO:
FROM:
Chris Sendon, Community Development DElpartment
Cindy Christensen, Housing Offlce
DATE:
June 17,1999
RE:
Mittel Europa Company Conditional Use Review
ParrellD No,
ISSUE: The applicant is proposing to convert an existing space to a consignment,
antique and second-hand fumJture shop,
BACKGROUND: Currently, the applioant is not proposing to increase the net leasable
space. However, according to Section 26,60.040,E:
The applicant commits w supply affordable housing to meet the
Incremental need for increased employees generated by the
conditional use.
The applicant has stated that the original business had seven employees, whereas this
business is to employ three people -- the upholsterer, a part-time assistant and the
applicant.
RECOM\YIENDATION: Since the application abides by the land Use Code, staff
recommends approval with the following conditions:
1, the applicant provide documentation (e,g" payroll records) showing that Summit
Paint and Main Street Painting have a Iotal of seven employees; and
2. documentation showing that the applicant only employs three people.
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GRACY*S
517 East Hopkins Avenue
Aspen, Colorado 81611
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June30,1999
Mr, Chris Bendon
c/o City Planning and Zoning
130 South Galena
Aspen, Colorado 81611
Dear Chris,
Following up on our conversation of this afternoon, I would like to voice my objections
to the proposed grant of a conditional use at the building located at 516 East Bleeker. I
believe quite strongly that the proposed use as a retail consigmnent store be deuied for
the following reasons:
(1) Lack of Parking: This area is already one of the most congested areas of
town; I have children in the karate classes there and have not - in two years - found a
legal parking spot available within 100 feet of the door!. In fact, the space previously
occupied by the paint store is empty, yet at 2:30 p,m, this afternoon all of the parking
spaces in that lot were full and people had parked illegally - as usual - in the recycling
area. As a consigmnent store owner, I can tell you that we create a steady stream of
people bringing in things to consign, which means (i) they need to park as close as
possible to the store, because they are carrying heavy object (especially furniture!), and
(ii) they are only parking for 5 minutes, As a result, they will not pay and park at the
town parking garage, but will create a mess of double and illegal parking in the area,
(2) Safety: As a Tesult of(1) above, an area that is already very unsafe (the Building is
surrounded by blind curves, hills, and a single lane road), will become the most
dangerons area of town, Add to the mix an enormous number of children because of the
Karate Studio and the Youth Center, and I believe you invite tragic accidents.
(3) Zoning: I was forced to move my consigmnent store - Gracy*s - out of a
relatively inexpensive area (Main Street) into the more expensive commercial core,
because of the City's zoning policies. I will consider it very unfair if someone else is
permitted to avoid the expensive consequences of operating a retail store outside of the
commercial core. This would certainly be contrary to the spirit ofthe City's commercial
core zoning, if not strictly the letter of such laws.
(4) Fairness: As a direct result of its increasingly restrictive zoning and building
regulations, the City has confined retail operations to a very small "commercial core"
area of the City, Although these policies have created many good things for the City, a
decidedly bad result has been the spiraling cost to rent space in the commercial core, and
the consequent "driving out" oflocal stores, Gracy.s has been in town since 1979 - one
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of only a very few businesses to have lasted that long, If the City wishes to expand the
commercial core to ameliorate this effect in town, I would be the first to support an
expansion of the commercial core, Such a policy shift would make the new areas
available to all merchants on a first come-first served basis, However, to accomplish this
effect by the piecemeal granting of conditional uses or exceptions will unfairly favor the
few who are lucky enough (or legally adept enough) to circumvent the current restrictions
in individual cases,
I can't help but add, lest you think my motives purely selfish, that I welcome
competition, I was glad, once Gracy*s was in essence kicked off of Main Street, to find a
new spot right in between the Thrift Store and Susie's, I think competition, on a level
plaving fiel!!, is a very healthy thing, However, I cannot compete with someone who will
pay a fraction of my rent because they were able to avoid the commercial core rents by a
legal maneuver not available to me!
I know you have a difficult job, and must often balance many competing interests and
policies. However, I respectfully submit that the granting of this conditional use would
create many more negative impacts than positive oneS, and should therefore be denied,
u, owner
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SCI District review went on to provide for any business to increase this 25% percent
space as a conditional use reviewed by the Commission,
In addition, some permitted uses were designated as appropriate with 100% of the floor
area for retail, office, showroom, and/or customer reception without further review.
These uses, building supply store, auto pacts store, and fabric supply store, are types of
uses that typically operate with the customers being able to access most to all of the store,
Staff believes this use complies will all other aspects of the municipal code, The
business, as any other business in town, must be issued a business license as well as this
conditional use permit. In addition, the applicant is proposing interior construction which
must be granted a building permit.
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RECEIVED
JUt 0 6 1999
ASPEN i PITKIN
nOMMUNITY DEVELOPMENT
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July 01, 1999
Mr, Chris Bendon
Community Development Department
130 South Galena
Aspen, CO 81611
Dear Chris,
Please insert this letter in the agenda for the upcoming planning and zoning meeting
scheduled for July 6, 1999. Also, please provide a copy for each commissioner,
We are writing to protest a proposed conditional use permit for a proposed <<tail business
located ouL'lide the core business district, The space in question is located at 516 East
Bleeker, It is currently zoned SCI. As you are well aware, zoning laws are in place for
specific and well-defined objectives, As fumily-run business owners, the existing zoning
laws were instrumental in .oULdecisioD.c to locate our business in the core business district.
The retail spaces wee clearly defined, . Basically, the existing zoning laws determined the
rent which our landlords charge, If you allow this permit, our business as well as every
other core business, will be competing with a non-core business paynig
SUBSTANTIALLY ($48/ft vs $19/ft aprox.) lower rent but existing as a retail space!
We call that, the ultimate unlevel playing field!
607 Ea.! dlO?kl.' elfOEnU'.' eIf.?e.. Colo,ado 81677 '. 970-544-3364'" 'lax: 970-927-086,
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As Aspen small business owners, we have adhered to all city requirements, To put it
plainly, we have "played by the rules." Now the mIes may be changed, We ask you, at a
time when Aspen businesses are recovering from one of the worst winter retail seasons in
decades, is this the time to penalize existing business owners by changing the laws? If you
have ever owned and operated a family-run business you share my valid concerns, We are
not asking for preferential treatment, nor do we shy away from competition, All we ask is
that the playing field remain level so that those of us who have based business decisions
involving existing zoning parameters have a fair chance to succeed!
Specifically, the application before you is requesting a permit to allow consignment retail
and retail. It is virtually impossible, without heroic policing efforts, for this commission
to enforce such an inane zoning! Our store is both consignment and retail and I challenge
each of you to visit our store and identifY which items are from our inventory and which
are consignment items, Or see our ad in the recent Aspen Catalogue and try to do the
same thing, It can't be done! Likewise, enforcing a mixed zoning like the one before
you can't be done!
601 Cad dfopkin> c:/fvenue '. cIj'p,n, Coto,ado 81611" 970-544-3364 '. 'Jax: 970-927-0867
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Remember, the city initiative, which took one (1) year of hard work to complete, zoned
this very.property SCIjust six (6) months ago This very commission was part of that
initiative, You wrote the laws that you are now, just six (6) months after writing them,
about to ignore! I urge you to respect the efforts and findings of the city initiative, While
a simple conditional permit seems minimal, it is not! The changes have far-reaching
effects, Please do not change the zoning landscape, I urge you to enforce the very zoning
laws you wrote and deny the proposed change.
Sincerely,
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Kimberly & Jay
ers
Olde Towne Antiques, Inc,
601 Cad cHopkin, cf1venue'" cf1'pen, CoLowdo 8,611... 970-544-3364'" Jax: 970-927-086,
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, ... COATES .
REID&. WAlDRON
Real Escate ' Rencals 'Property Manltement
~
YV-d
~"ZZ--
March 22, 1999
,
~f4J
Michael L. Spalding
President
MLS/kps
"'pea OIIIce: 720 Calt tl~ Avenue. ....pen. Colorado 81811 , (970) ~'.1400 , rAX(070) 920.3765
Saow_ Office: P.O.llox 64'0 , Sulle 113. Sn_ c.nrer . s..o..ma.. VilMce. Colorlldo 8161'(970)9113-4700 , PAX (970) 9llH198
2'd NO~a1~M ~ 0130 S31~OJ Wd6p:p0 66, 22 ~W
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YOUR PARTS fTiAUS
113-8 AABC
Aspen, CO 81 ~11
970-925-7528 .
YOUR PARTS HAUS
64 E! Jebel RO,ad
PO Sox 28340
,
E\ Jebel, CO 81628
970-963-0440 I
FRGM : NAPA AUTO PARTS ASPEN CO
PHONE NO, 970 925 7528
March 22, 1999
Re: SCI Zone Changes
Aspen City Council,
70~
n.J.t ' J
1Ifl'~,m-
_,"fN"'~"
fI'.l'"'"~
I am writing concerning the proposed SCI zoning changes. The proposed
changes will force other businesses, as I have been forced, to move out PI the .
~the city. These businesses service the core of the city. If you tntroduce
architects into this zoning it will raise already very high rental rates that these
businesses can not compete with. It will be a very sad day when people will
have todrivc 35 miles to replace a fuse for their car or any other service these
companies provide. Remember I service not only retail customcrs but also the
City of Aspen, Pitkin County and Ski Co. These customers would suffer down:
time to obtain parts and services, Can the city afford to drive 35 miles for repairs
that are often emergency situations~ '
SUI." /
. Ron Frieme/""
Napa Auto Parts Aspen and El Iebel
';..-
f"""'\.
~
Mar. 22 1999 01:02PM Pi
FRGM : SUMMIT PAINT
FAX NO. 927 0444
...."':t.-...~. ~"-l ,n"'n
11.~l ,",I' ~..:... I ::;o;;o~
To: Aspen City Council
SCi Hearing
frGm: Sam T::J!-llor, owner
-
Summit Point & Decorating
180 South Side Dr,
Basalt, Co. B 1621
.,
D613r
C""'1 I.......... 1
UYiH,"'.J
an October 31, 199B, I~wes fOfced to move my paint store out of Aspen,
DGwnvelley, to Basalt Previously, the business was located at 516 E, Bleeker
Sf.. in Aspen. This location was occupied by a paint store since the early 1960's
and possibly e','en sooner. Hovy'sver, steady increases in rent, along with the most recent.. dramatic..
jump in rent, has hlfced Summit Paint to relocate. The economic
......4~.;.;.'. .j.... t~ot ...................................;al ~,...~...;...e """la+o."'" k...-.;........So~.e- ."e.~ no longor. ......--J1'''e in
I OUfl"'!::J I'::' ,iO,J'o wVlflntCI ""~ .,QI "II..... l t;;.......<,J la'y,:ol~:C ....~.... \"o"-'tfti 'W, -o1.A1 '..? .,
Aspen p~!Jing overly-inf11:lted rent prices. In the lest year, my previous landlord
wantQde rent increase Tn excess of 20%. These typ'es of.increases 'tlil1 effectively'drive the.sm~11
businessmen out of Aspen,
f believe that losing bussinesses like my own car. only hurt Aspen_ Not onl!:! are you losing a sense
of whole community with nearby availahility 01 services, you're
losing good successful citizen entrepreneurs.
In addition, j feel that aspen is !'lOt SIJpporting businesses in the SCl zone, but instead is bowing
down to pressure to gradually move towards residential 20ning, furttler condominiumizing Aspen.
.. tl-.;~ "~el'm "~k;~g ""tll !~OI"',;"i1 t~ t"kp. .. f'rm <>tll~'" hehl'nd +"'~ ~em";"";""Msm"I' "U$'nps"'~'"
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currently located in the downtown SC1.2one, before they ere gone!
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~, 9/08/98 1)OF2)
OWNER OF AspeN REPAIR CO. A TV
REPAIR BUSINESS FOR LAST 20
YEARS IN THE SCI ZONE.
,
LETTER FROM VINCE GALLUCCIO,
TO CITY COUNCIL AND PLANNING AND ZONING COMMISSION MEMBERS
CONCERNING THE UPCOMING JOINT WORK SESSION ON THE
SERVICE/COMMERCIAL/INDUSTRIAL (SCI) ZONE
1) ORIGINAL PURPOSE OF THE seI ZONE.
RECOGNIZING THAT THE ASPEN ECONOMY IS BASED
PRIMARILY ON TOURISM, AND THAT BUILDING AND MAINTAINING AND
SUPPLYING SERVICE NEEDS FOR THE TOURIST HOUSING IS A VITAL
FACTOR IN THE SUCCESS OF THAT ECONOMY, THE SCI ZONE WAS
CREATED ABOUT 28 YEARS AGO TO ALLOW BUSINESSES THAT PERFORM
ONLY THIS TYPE OF WORK TO COMPETE WITH EACH OTHER FOR THE
AVAILABLE SPACE IN THE ZONED AREA.
IT WAS OBVIOUS THEN, AND IT SHOULD BE NOW, THAT
BLUE COLLAR SERVICE TYPE BUSINESSES SUCH AS PLUMBING,
PAINTING, AUTO REPAIR, VACUUM AND TV REPAIR, CARPENTRY SHOP,
ELECTRICAL , SIGN MAKERS, DOG GROOMERS, AUTO DETAILERS,
PRINTING, AND MANY OTHERS CANNOT SUCCESSFULLY COMPETE FOR
SPACE WITH HIGH INCOME PRODUCING BUSINESSES SUCH AS TOURIST
RETAIL/RESTAURANT/ETC OR PROFESSIONAL WHITE COLLAR/OFFICE
BUSINESSES . IF ALLOWED, THESE HIGH INCOME TYPE BUSINESSES
WOULD SPREAD OUT FROM THE DOWNTOWN AREA INTO ANY AND ALL
AVAILABLE SPACE IN THE CITY/TOWN, FORCING THE SERVICE TYPE
BUSINESSES OUT OF TOWN. TODAY, OUT OF TOWN IS THE AIRPORT
BUSINESS CENTER.
28 YEARS AGO, THIS WAS THOUGHT TO BE A BAD IDEA.
TODAY, IT STILL SEEMS LIKE A BAD IDEA TO ME.
2)WHAT HAPPENED TO THE SCI ZONE?
FROM THE EARLY SEVENTIES TO 1988, THE SCI ZONING
ACCOMPLISHED FOR THE MOST PART WHAT WAS ORIGINALLY INTENDED
FOR THIS AREA OF ASPEN. HOWEVER IN 1988, THE CITY COUNCIL,
AGAINST THE RECOMMENDATIONS OF BOTH STAFF AND P&Z, DECLARED
THAT ARCHITECTS WERE ARTISTS AND THEREFORE ELIGIBLE TO BE IN
THE SCI ZONE.
DURING THE NEXT FIVE YEARS, MANY OF THE
CONDOMINIUMIZED SPACES AT 412 AND 414 N. MILL WHICH ARE IN
THE SCI ZONE WERE PURCHASED BY OR RENTED BY ARCHITECTS WHO
COULD AFFORD TO PAY FAR MORE FOR SPACE THAN THE FORMER BLUE
COLLAR TYPE SERVICE BUSINESSES. ONE ARCHITECT HAS ABOUT 10 TO
I
,
,
2l10E'2l
I
i
THE ZONE HAD BEEN "UPZONED" TO THE ADVANTAGE OF
I
JUST ONE WHITE COLLAR PROFESSIONAL GROUP, ARCHITECTS.
I
,I
/
I
31WHAT KINDS OF BUSINESSES SHOULD BE SUBSIDIZED BY THE
COMMUNITY? i
I
1
IN EFFECT, THE COMMUNITY IS SUBSIDIZING TH~ SCI
ZONE. IF THE AREA IS NOT ZONED SCI AS-ORIGINALLY INTENDED,
GREATER REVENUES WOULD RESULT FROM SALES TAXES AND P~OPERTY
. TAXES. 1
THE COMMUNITY SUBSIDIZES THE FINE ARTS ANn/ARTISTS,
WITH BOTH DIRECT CONTRIBUTIONS AND REDUCED RENTS AS rlAT THE
RED BRICK SCHOOL. THIS MAKES GOOD SENSE BECAUSE THE ,ASPEN
I
ECONOMY NEEDS THE FINE ARTS TO BETTER COMPETE WITH qTHER SKI
AREAS/RESORTS. i
THE COMMUNITY HAS BEEN SUBSIDIZING THE SE~VICE
TYPE BUSINESS IN THE SCI ZONE BECAUSE IT NEEDS THE SERVICES
I
PROVIDED TO KEEP THE TOURIST/COMMUNITY INFRASTRUCTURE
,
WORKING. r
THE COMMUNITY ALSO, THROUGH TAXING DISTRICTS,
SUBSIDIZES THE HOSPITAL/DOCTORS/SCHOOLS/FIRE/POLICEI AND
OTHERS BECAUSE THE TOWN NEEDS THEM TO WORK PROPERLY!.
/
THE QUESTION BEFORE YOU IS WHY THE COMMUNITY IS OR
SHOULD BE SUBSIDIZING ONE AND ONLY ONE PROFESSION I..
(ARCHITECTS) WHICH IS NOT VITAL OR CENTRAL TO THE ASPEN
I
ECONOMY, A PROFESSION WHICH CAN BE PRACTICED ANYWH~RE IN THE
WORLD THAT GOOD ELECTRONIC COMMUNICATIONS EXIST, OM
STRUCTURES THAT WILL BE BUILT ANYWHERE IN THE WORLB, A
. I
PROFESSION WHICH IS ZONED FOR IN 90 % OF THE COMMERCIAL SPACE
,
OF ASPEN, AND IS, TO MY UNDERSTANDING, LEGAL TO PE~FORM AS A
HOME BUSINESS. MOST ORIGINALLY INTENDED SCI BUSINE~SES ARE
NOT LEGAL IN THE COMMERCIAL CORE OR THE HOME. 1
~
~
15 EMPLOYEES.
THANK YOU FOR TAKING THE TIME TO
READ THIS, AND PERFORMING THE DIFFICULT AND USUAL~Y THANKLESS
TASKS OF YOUR OFFICES.
VINCENT GALLUCCI0
,
ASPEN REPAIR CO.
925-7688
..Apr-,lS-99 09:45A Bass & Co.
1""""\. LAND USE ApPLICA nON
"
PROJECT:
Name:
.""!"'\
\ i ,
P.OS
Location:
l1ff; E. 8Ie~4r/' ()f."
(Indicate street ad ress, lot & block number, legal description where appropriate)
ApPLICANT:
Name:
Address;
Phone #:
REPRESENTATIVE:
Name:
Address:
Phone #:
TYPE OF ApPLICATION: (please check all that apply):
Conditional Use 0 Conceptual PUD
Special Review 0 Final PUD (& PUD Amendment)
De:iign Review Appeal 0 Conceptual SPA
GMQS Allotment 0 Final SPA (& SPA Amendment)
GMQS Exemption 0 Subdivision
ESA. 8040 Greenline, Stream D Subdivision Exemption (includes
Margin, Hallam Lake Bluff, condominiumization)
Mountain View Plane
Lot Split
Lot Line Adjustment
o
o
o
o
o
o
o
o
o
Temporary Use
TextlMap Amendment
f!/J, ?/~//
.
(!~.
o Conceptual Historic Devt.
o Final Historic Development
o Minor Historic Devt.
o Historic Demolition
o Historic Designation
o Small Lodge Conversionl
Expansion
o Other:
EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.)
I ?/t'"I2Sr/ ,~t";; alrae/;mr/J'r
PROPOSAL: (description of proposed buildings, uses, modifications, etc,)
I l'/rl1Su SiC al--fl/ efJ/17t"/Jf
~e you attached the following?
llI1/Pre-Application Conference Summary
rvr Attachment #1, Signed Fee Agreement
21: Response to Attachment #2, Dimensional Requirements Fonn
~ Response to Attachment #3, Minimum Submission Contents
[if,Response to Attachment #4, Specific Submission Contents
tl2r Response to Attachment #5, Review Standards for Your Application
Fees Due: $ /1512 ()O
_,Apl'"-,16-99 09: 45A Bass & Co.
~
Ex/sf//)9
8w1r1tl(j
-Ii
Project:
Applicant:
Location:
Zone District:
Lot Size:
Lot Area:
~
P.O?
ATTACHMENT 2
DIMENSIONAL REQUIREMENTS FORM
a.
,-'1" :t!'9"f ,e;?var~ h~r
/"f:,??-I- ,~,-;::,
(for tne purposes of calculating Floor Area, Lot Area may be reduced for areas
within the high water mark, easements, and steep slopes, Please refer to the
definition of Lot Area in the Municipal Code.)
Commercial net leasable: Existing: 'z9~fJSrPropased:
Number of residential units: Existing: 11/4 Proposed:
Number of bedrooms: Existing: N 14 Proposed:
Proposed % of demolition (Historic properties only): hj/I
DIMENSIONS:
Floor Area:
Principal bldg, height
Access, bldg. height
. ..*"On-Site parking:
% Site coverage:
% Open Space:
Front Setback:
Rear Setback:
Combined FIR:
Side Setback:
Side Setback:
Combined Sides:
1'. 9/BO SF
!/IA
~/-1
Existing: 2. 9t,(}SrAlIowable: 291/;0 proposed:~
I /
Existing: .2 () f'j- Allowable: 2fJ IT Proposed: r;
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HOWARD BASS
PO BOX 5078
ASPEN. CO 8161:.l
970.920.%277
970..9211-4787.F AX
RECEiVED
,;UN 7 1999
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Response Regarding:
"Notes: Application is a conditional use, which includes an evaluation of the net
employee generation impacts. The application should include an analysis of the
prior use's employees and the proposed use employee generation."
The prior tenants and their employet:$ consisted of Main Street Printing with four
employees and Summit Paint with three employees. The net employee generation
impact would be a total of seven people. I plan on employing a total of three people
including the upholsterer, a part-time assistant and myself.
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Response Regarding:
1.) "A written description of the proposal and an explanation in written, graphic, or
model form of how the proposed development complies with the review
standards relevant to the development application. Please include existing
conditions as well as proposed."
2.) Attachment 5IReview Standards: Development of Conditional Use
A. "The conditional use is consistent with the purpose, goals, objectives and
standards of the Aspen Area comprehensive Plan, and with the intent of the
Zone District in which it is proposed to be located."
Response:
Mittel Europa will be a consignment, antique and second-hand furniture shop
where we specialize in refurbishing and reupholstering furniture in addition to
selling fabrics. The location 516 East Bleeker Street consists of two distinct 1500
square foot areas. We would like to have the back half of the building as our
workshop for refurbishing and upholstering furniture, in addition to making
pillows, curtains and other decorating aecessories. We would also like to use this
space for our warehouse and storage. In the front section, we would like to sell and
display the furniture and fabrics.
516 East Bleeker is in tpe Service/CommerciaI/Industrial Zone District. We believe
that Mittel Europa's concept is not in conflict with the spirit and intent of the zone
district. We do not require or generate high customer traffic volumes. We expect to
be a locals destination-type business rather than relying on tourist generated walk-
by sales. We have three employees while the former tenants Summit Paintand Main
Street Printing had a total of seven employees.
Under Section 1 B. Permitted uses of the Aspen S/CfI Zone District, we comply with:
4.) Fabric and sewing supply with up to 100% of the floor area devoted to office,
show room, retail, or customer reception use. -
5.) Manufacturing, repair alteration, tailoring, and servicing of consumer goods
such as household appliances, electronic eqnipment, furniture, clothing, or sporting
goods.
15.) Warehousing and storage
Under Section 1 C. Conditional Uses:
3.) Sales and rental of consumer goods such as household appliances, electronic
equipment, furniture, clothing or sporting goods.
4.) Consignment retail establishment for the second-hand sale of consumer goods
such as household appliances, electronic equipment, furniture, clothing, or sporting
goods with up to 100% of the floor area devoted to showroom, retail, reception area.
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15.) A permitted or conditional use which demonstrates the need for, and
appropriateness of, having, in combination, more than 25% of the tloor area
devoted to retail sale, office, showroom, or customer reception.
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Response Regarding:
Attachment 5/Review Standards: Development of Conditional Use
B. "The conditional use is consistent and compatible with the character of the
immediate vicinity of the parcel proposed for development and surrounding land
uses, or enhances the mixture of complimentary uses and activities in the immediate
vicinity of the parcel proPQsed for development."
Response:
There are four businesses in the building located at 516 East Bleeker Street. Aspen
Branch is a florist. Aspen Paint is a painting contractor's office. Aspen Electric is
an electrical contractor's office. Coates, Reid and Waldron have their property
management offices and storage facility there. We believe that the shop will be
compatible with the home improvement orientated services that these businesses are
providing working with architects, contractors, designers and decorators.
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Response Regarding:
Attachment SlReview Standards: Development of Conditional Use
C. "The location, size, design and operating characteristics of the proposed
conditional use minimizes adverse effects, including visual impacts, impacts on
pedestrian and vehicular circulation, parking, trash, service delivery, noise,
vibrations and odor on surrounding properties.
Response:
516 East Bleeker Street is approximately 3000 square feet designed to have half the
space used as a workshop for reupholstering and refurbishing furniture acquired
through selective consignment in Aspen, surrounding areas and Central Europe.
There will be ouly three employees producing a minimum amount of trash, noise,
vibrations and odor on the surrounding properties. We will be picking up and -
delivering items in a small truck during business hours once a week. We do not
expect more than twice a year a delivery from a large cargo truck of fabrics, leather,
suede and furniture which would unload into our warehouse taking less than one
hour to accomplish. There are thirty-four parking spaces on the property so we do
not expect any parking problems. The owners of the building are installing curbs
incase of pedestrian traffic, but we are not located in the walking downtown area
where traffic is considerably more heavy. I do not think that there will be any
adverse visual impact and we intend to repaint and improve the building.
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Response Regarding:
Attachment SlReview Standards: Development of Conditional Use
D. "There are adequate public facilities and services to serve the conditional use
including but not limited to roads, potable water, sewer, solid waste, parks, police,
fire protection, emergency medical services, hospital and medical services, drainage
systems and schools."
Response:
There are adequate public facilities and services as this is an existing building.
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Response Regarding:
Attachment SlReview Standards: Development of Conditional Use
E. "The applicant commits to supply affordable housing to meet the incremental
need for increased employees generated by the conditional use."
Response:
516 East Bleeker Street is an existing building which consisted of the prior tenants
Main Street Printing with four employees and Summit Paint with three employees.
We employ a total of three people including the upholsterer, a part-time assistant
and myself.
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Response Regarding:
Attachment S/Review Standards: Development of Conditional Use
F. "The proposed conditional use complies with all additional standards imposed on
it by the Aspen Area Comprehensive PIan and by all other applicable requirements
ofthis chapter.
Response:
It is my understanding from my pre-application conference with Chris that this
building permit was an intended use in the re-write of the ordinances of the S/CII
Zone District.
M~~-25-99 04:02P BaS~ Co.
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Bes PROPERTIES, LLP
PO BOX 5078
ASFEN. CO 81612
Telephone ~70.g20.:2277
Fax 970-920-4787
May 25,1999
I hereby authorize Corene A. McGovern, 322 Park Avenue, #2, Aspen,
Colorado 81611, to apply as the applicant to use approximately 3,000 sq. ft.
at 530 East Bleeker Street for consignment retail. -
BCS Properties, LLP
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f()r~c /IC(Jbyc/-?/S felcrl;~7cf (1rtJ)5ff-S~tl~
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PLANNER:
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CITY OF ASPEN
PRE.APPLlCA TION CONFERENCE SUMMARY
Chris Bendon, 920.5072
DATE: 4.2.99
PROJECT:
REPRESENTATIVE:
OWNER:
TYPE OF APPLlCA TlON:
DESCRIPTION:
~~%;6g1~~&t'ytl7)
Bass/Cahn (
Conditional Use
consignment retail (mostly furniture)
Land Use Code Section(s)
26.28.160 SCI Zone District as Amended by Ordinance 2, Series of 1999
26.60 Conditional Uses
Review by:
Public Hearing:
Referral Agencies:
Planning Fees:
Referral Agency Fees;
Total Deposit:
Staff, referral agencies, Planning and Zoning Commission
Yes, P&Z. Applicant must post property and mail notice at least ]0 days prior to hearing, or at
least 15 days prior to the public hearing if any federal agency, state, county, municipal
government, school, service district or other gcvernmental or quasi. governmental agency owns
property within three hundred (300) feet of the property subject to the development application,
Applicant will need 10 provide proof of posling and mailing wilh a affidm'il allhe public hearing.
Engineering, Housing, Fite Marshall.
Planning Deposit Minor ($11 ]0)
Engineering, Minor ($] 60); Housing, Minor ($160) .
$1,430 (additional hours are billed at a rate of$185lho'Or)
To apply, submit the following inform<!tion:
.4.
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Proof of ownership,
Signed fee agreement.
Applicant's name, address and telephone number in a letter signed by the applicant which states the name,
address and telephone number of the represenrative authorized to act 00 behalf of the applicant (owner).
Street address and legal description of the parcel on which development is proposed to occur, consisting of a
current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing
the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements
affecting the parcel, and demonstrating the owner's right to apply for the Development Application,
Total deposit for review of the application
15 Copies of the complete application packet and maps.
HPC = 12; PZ = 10; GMC = PZ+5; CC = 7; Referral Agencies = Ilea,; Planning Staff = 2
An 8 1l2" by 11" vicinity map locating the parce.l within the City of Aspen.
Site improvement survey including topography and vegetation showing the current status, including all easements
and vacated rights of way, orthe parcel certified by a registered land surveyor, licensed in the state of Colorado.
(This requirement, or any part thereof, may be waived by the Community Development Depa11ment if the project
is determined not to warrant a survey document.)
Additional materials as required by the specific review. Please refer to the application packet for specific
submittal requirements or to the code sections noted above,
1.
2,
3,
5,
6.
9.
'Ap"'-'16-99 09:44A BassA Co.
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10,
A written description of the proposal and an explanation in written, graphic, or model fonn of how the proposed
development complies with the review standards relevant to the development application. Please include existing
conditions as well as proposed,
List of adjacent property owners within 300' for public hearing.
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Notes: Application is a conditional use which includes an evaluation of the net employee generation impacts. The
application should include an analysis of the prior use's employees and the proposed use employee generation.
,
Disclaimer:
The foregoing summary is advisory in nature cnly and is not binding on the City. The summary is based on current zoning, which is
subject to change in the future, and upon factual representations that mayor may not be accurate. The summary does not create a
legal or vested right.
," MaY-25-99 04:00P Bass & Co.
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DEED OF TRUST
This Deed of Trust is given as of the 1st day of November, 1994 by BCS Properties, a
Colorado General Partnership whose address is p,O, Box 5078, Aspen, Colorado 81612
("Grantor") to the PUBLIC TRUSTEE OF PITKlN COUNTY, COLORADO ("Trustee") for the
benefit of: Park Avenue Investors (47,34%); David M. Sweetwood (12,54%); Julie L.
Sweetwood Trust (6,27%); Harris A. Cahn (7.52%); Harris Silver, Trustee for Nicole Silver
(3,76%); Harris Silver, Trustee for Ale,os Silver (3.76%); Ida Bass (6,27%); Howard Bass,
Trustee FBO Ramel Bass (6,27%); Rose Manen (3.45%); and Herman Mallen (2.82%) whose
address is c/o Howard Bass, P.O. Box 5078, Aspen, Colorado 81612 ("Beneficiary").
WITNESSETIf
THAT WHEREAS, the Grantor has executed its Promissory Note of even date herewith,
for the principal sum of Seven Hundred Sixty Seven Thousand Six Hundred and no cents
($767,600.00) dollars payable to the order of the Beneficiary.
AND WHEREAS, Grantor is desirous to securing repayment of said Promissory Note;
NOW TIiEREFORE, Grantor for the purposes aforesaid does hereby grant, sell, and quit
claim. unto the said Trustee the following descn'bed property, situated in the County of Pitkin and
State of Colorado, to wit:
S~e E><hihit "A" attached hereto and made a part hereof
TO HAVE AND TO HOLD, the same together with all privlIeges and appurtenances
thereunto belonging in trust nevertheless, that in case of default in the payment of the Promissory
Note then upon the Beneficiary hereunder filing notice and demand, it shall be lawful for said
Trustee to sell said property in the manner provided by law for cash at public auction at the South
front door of the Court House in the County of Pitkin in the State of Colorado, upon advenislng .
notice of sale weekly, for not less than four weeks, in some newspaper of general circulation, and
after the expiration of the time of redemption, to make and deliver to the purchaser or purchasers
orms, her or their assigns, a deed or deeds of conveyance to the property sold, and out of the
proceeds of such sale, after first paying and retaining all fees, charges and costs, and all money
advanced for taxes, insurance and assessments, or on any prior encumbrance, with interest
thereon, to pay the principal and interest due on said Promissory note, rendering the overplus (if
any) unto the said Grantors, its legal representatives or assigns and at such sale, the said
Beneficiary inay purchase said property or any part thereof The Beneficiary shall be entitled to
bring any legal or equitable actions or proceedings to recover this security if the debt is not paid in
accordance witb the promissory Note and these actions may include foreclosure proceedings, In
Ma~-25-99 04:00P Bass & Co.
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the evel1t oCforeclosure, BeneficlaIy hereof iball also be enlitIcd to l'Cl:OVU from the 5CCIIrity its
rcasol18ble auorncy fees and costs.
GraI1tor covenants that it will keep all buildings insured with a COmplllY reasonably
approved by tho BOIIeficiar)' for fire and elClended coverage man amount equal to thellllpaid
balanoe of said PromissoJ'y Note with loss paYllb1e to the Bendiciary, will deliver a copy of the
policy to the Beneficiary Illd will pay all taxes and assessmmts against said property whOll due, If
Grantor shall fail to pay said insurance premilllllS, taxes or assessments, Beneficiary may ,pay the
same Illd all suoh amounts shall bceOIllC adclitiOllal mdebtednellS secured hereunder. If all ox illY
part of the property is sold or transferred by Gtaator without Beneficiary's prior written consent,
BCll.e1iciary may, at BCll.eficiarys option, declare all the sums secured by this Deed ofTrust to be
;m~tety cIlle and payable,
IN WITNESS WHEREOF, The Gtantor bas hereunto set its band IIIld seal the day II1d
year :tint above written.
GRANTOR:
BCS PROPERTIES, a Colorado
General ParlDcrsbip 1_
BY~o~~~eralParmer
ACKNOWLEDGMENT TO
DEED OF TRUST
STATE OF COI.,ORADO )
)88.
COUN'IY OF PlTKIN )
~ The foregoing Deed ofTrust was aoknowledged before me tbisQday of
1995 by Howard Bass, Managing General Partner oiBCS Properties, a Colorado
. .. Partnersbip. .
WITNESS my band and o1lioial seal
My ".mmi.liion expires:
~e~~~
tary Public
MY COlIlllSSIQtj EXPIRES:
JANUARY 13, _
May-25-99 04:01P Bass & Co.
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EXHIBIT "A"
A tract or parcel of land wlth1n the SOQth 1/2 ot tho SOuthwe.t 1/4
Of SectIon 7, Town.h1p 10 So~th, ftange 04 Wo.t' ot the SIxth PrIncIpa!
aor1dlan, d..crlb.d .. tollow.:
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WARRANTY DEED
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.! THIS DEED, Mode 'hi. 23rd
bo,_n S. JAMES MARl NO
clay 01
'1arch
.1988 ,
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:. COOnl) of . Stile ofXll'il;, t~.r..\l~jl'nd
I Be S PROPERTIES, A COLORADO GENERAL PARTNERSHIP
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i whose l.pI odtlross il c/o
Co lorado 81612
Howard Bass, P,D. Box 5078, Aspen
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Counl~ or
. Stltl of Cohmtdo. srantoe(.):
WITNESSITH,Th&l1IleIf1l\lOl'(lI,IIltondinCOlllidCIIlioncClh...mol TEN DOLLARS ($10.00) and other
good and valuable consideration -----------------------------------.----~.~~s,
Ihe receipt and 'lIm~icllC)' or_hkb is "n:by KknowledlCd. hiS ,ranted. bvpined. sold llndc:onvertd.lndb)' these pre1emsdo e S ~nt,
1i
bar,a.ift, HII, COIIvey. and c:ontlrm. \lftlo the grantcc(s). thei r hein 4IIdani,lts f'ol"e'm', a111hcrcalPfOPel1f, IClJClhcrwltl'l Improvements.
., If all)'. silUlll.lyin. aid beill' in the COl.lnl)' of Pi tk1 n . SlIlC olCo(orWo,
i: doICribod.. rollows:
See Exhibit "A" attached hereto and incorporated herein by this reference.
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alto Uowl\ by I&ZftI and number .:
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TOGETHER wilh .J111nd siu,u1lr the heltdllamenlS and IPP'lrtenanc:es ilterelo belo""inl. cr In anywile.appel1ainin.. and tflt I'I"enlDn a.nci
fW'feI"$iona. ffmaind,r and remaindc". I'IlIts. iuucJl lAd prolilS Ihc~. and lIo1J the c:tlln:. rillhl, lid!;. if'lUl'L'Csl. ebim ."If dcmInd whillsoeY'er of 1lIe:
1""IOI'(S). either 'II law or equll}. of, in and 10 the .bolIe bargained pRmbes. with the heraiJilamlftU and .appuncnanc:et,
TO HAVI AND TO HOLD 1he 5I1d premlHs ~ barplned and deKribed wllh the appurlell.nces. ullto die 8rantee(s). thei r heirs It'.d
:: lHi"n,rotl'ftt,."'ndrhtlnflkJMJl.fDr him sc( f his hci"..rtdpcnunalrcprcsen'iUivcs.do es tocvcnJllt.JI'1Jlt.barpjn.and
..lftICJ.ndwlttatbe....nIet(l). .thei 1fIeirs.nduslinl.lhll.tthetimeor~en~alitl'."dd.JjwryurthcSlpme"11. he is well
seized of the pRmise~ above ~onvC)Cd. tw S good, sun:, perrcC't. absolute Dm! im.creasibtc nllle of inheritance. In law. in rcc ,imple. and
ha S .oadri,ht, tultpowcr and 8\J;hcritytosranl. barSlio.aellandeunYll!:')' tbe SlUM in mlrmeraM r(lmsasaforesa1d.andWt thcwne uc Cree
an4 clear 'Rlm.1I rermer and ether ,ranrs. hlr,.lns. ".lu.lien.'I., lues. aiU:wntnb. encumbrances. and test1ictions or whtle\'Ct kiM ()f' nalUR SOC'YCC'.
~~ EXCEPT FOR: taxes for the year 1988 payable in 1989; reservations as contained
I' in United States Patent of record; SUBJECT TO: right of way as reserved in
:1 United States Patent of record; right of way and easement as set forth in
! Instrument recorded in Book 216 at Page 396; terms, conditions, obligations and
provisions of Party Wall Agreement as contained in instrument recorded in Book
242 at Page 220; terms, conditions, provisions and obligations as set forth in*see bel,
The ,"ntos1$' ahall and "';1( WARRANT ...NO fOREVER DeFEND tile abovcobarplncd pr:mlscstn the quiet and peaceable possessio.. or lhe
,",,,eees). thei r his heirs and USi3fts.a;.inslalJandevery persoa ~rpersons lewfullycla: . & lhe wholeoranypart lhereot,
IN WITNesS WHEREOf. the il'llUOr1iXha S eUC:lJted Ihu deed. on the date set rot
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I Th< rOft'r.~J'lB II"Sltum~Tll was acknowledged before me thiS
II
STATE OF COLORADO
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23rd d.yof March
,:
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,1988 _, ,,/
:1 My Cf7nunislio,. upirei
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* agreement recorded in Book 504 at Page 61, assignment of lease recorded in
Book 555 at Page 202. I
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No. 931. Rtf. 3..&5. WAAlAoNTV DEED If.. ~1If'/tk: r.cordl BrtdW PuWi'hiftl. $tv W. 6&h ^'Ie'" ~, CO 30214 -(303) 23J.6900 5-"
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MEMORANDUM
TO:
Plan,twere routed to those departments checked-off below:
............. City Engineer
0..,.,...... Zoning Officer
~........,.. Housing Director
0.........., Parks Department
"It?,..,..,., Aspen Fire Marshal
0,.,........ City Water
0......,.... Aspen Consolidated Sanitation District
o ..........' Building Department
0,.......... Environmental Health
0.........., Electric Department
o ..........' Holy Cross Electric
0........... City Attorney
0..;,......, Streets Department
0....,...... Historic Preservation Officer
o .........., Pitkin County Planning
FROM:
Chris Bendon, Planner
Community Development Department
130 So, Galena St.; Aspen, CO 81611
Phone-920.5090 Fax-920,5439
RE:
Mittel Europa Conditional Use for second-hand consignment retail
516 East Bleeker Street
DATE:
June 14, 1999
REFERRAL SCHEDULE
DRC MEETING DATE:(note time: 1:30-3:00)
OTHER REFERRALS DUE TO PLANNER:
ENGINEERING REFERRAL DUE TO PLANNER:
June 16, 1999
June 18, 1999
June 18, 1999
Thank you,
Chris,
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Apr-16-99 09:SlA Bass & Co.
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Attachment 8
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County of Pitkin }
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State of Colorado }
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AFFIDAVIT OF NOTICE PURSUANT
TO ASPEN LAND USE REGULATIONS
SECTION 26,52.060(E)
I,
, being or representing an
Applicant to the City of Aspe , personally certify that I have complied with the public notice
requirements pursuant to Section 26,52.060(E) of the Aspen Municipal Code in the following
manner:
I. By mailing of noticc, a copy of which is attached hereto, by first-class postage prepaid U,S,
Mail to all owners of property within three hlUldred (300) feet of the subject property, as indicated
on the attached list, on the _ day of , J 99_ (which is _ days prior to the public
hearing date of 0I1i (,) If!/>,
2. By posting sign in a conspicuous place on the subject property (as it could be seen trom
the nearest public way) and that the said sign was posted and visible cOlltinuously from the _ day
of , ] 99_, to the _ day of , ] 99_, (Must be posted for at least
ten (10) full days before the hearing date), A photograph of the posted sign is attached hereto.
(Attach photograph here)
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Signed before me this day of
199_, by
WITNESS MY HAND AND OFFICIAL SEAL
My Commission expires:
Notary Public
-ei"'r-16-99 09:42A Bass & Co.
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ASPEN/PITKlN
COMMUNITY DEVELOPMENT DEPARTMENT
City of Aspen Development Application Fee Policy
TIle City of Aspen. pursuant to Ordinance -19 (Series of J 998), has established a tee structure for
the processing ofland use applications, A l1attee or deposit is collected tor land use applications
based on the type of application submitted. Referral fees for other City departments reviewing
the application will also be collected when necessary. One check including the deposit for
Planning and reterral agency fees must be submitted with each land use application, made
payable to the Aspen/Pitkin Community Development Department. Applications will not be
accepted for processing without the required application fee,
A fIat fee is collected by Community Development tor Administrative Approvals which
normally take a minimal and predictable amount of staff time to process. The fee is not
refundable.
A deposit is collected by Community Development when more extensive staff review is required,
as hours are likely to vary substantially from one application to another. Actual staff time spent
will be charged against the deposit. Several difterent staff members may charge their time spent
on the case in addition to the case planner. Staff time is logged to the case and staff can provide
a summary report of hours spent at the applicant's request.
After the deposit has been expended, the applicant will be billed monthly based on actual staff
hours, Applicants may accrue and be billed additional expenses for a planner's time spent on the
case following any hearing or approvals, up until the applicant applies for a building permit.
Current billings must be paid within 30 days or processing of the application will be suspended,
If an applicant bas previously failed to pay application fees as required, no new Or additional
applications will be accepted for processing until the outstanding fees are paid. In no case will
Building Permits be issued until all costs associated with case processing have been paid.
When the case planner determines that the case is completed (whether approved or not
approved), the case is considered closed and any remaining balance from the deposit will be
refunded to the applicant.
Applications which require a deposit must include an A 7reement for PljJ'ment of Development
Application Fees, The Agreement establishes the applicant as being responsible for payment of
all costs associated with processing the application, The Agreement must be signed by the
party responsible for payment and submitted with the application and fee in order for a
land use case to be opened.
The current complete fee schedule for land use applications is listed on the reverse side.
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ASPEN/PITKIN
COMMUNITY DEVELOPMENT DEPARTMENT
Aereement for Payment of Citv of Aspen Development AnplicatinnFees
CITY OF ASPEN (hereinafter CITY) and _~&r.Clju life tl77J"CI7')
(hereinafter APPUCANT) AGREE AS FOLLOWS:
I.
(hereinafter, THE PROJECT),
, APPLICANT understands and agrees that City of Aspen Ordinance No. 49 (Series of 1998)
establishes a fee structure for Land Use applications and the payment of all processing iees is a condition precedent
to a determination of application completeness.
3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it
is not possible at this time to ascertain the full extent of the costs involved in processing the application,
APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an
initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis.
APPLICANT agrees additional costs may accrue following their hearings andlor approvals. APPLICANT agrees he
will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the
CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty
of recovering its full costs to process APPLICANT'S application,
4. CITY and APPLICANT further agree that it is impracticable for CITY slalf to complete
processing or present sufficient information to the Planning Commission andlor City Council to enable the Planning
Comlllission ancllor City Council to make legally required findings for project consideration. unless current billings
are paid in full prior to decision.
5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect
full fees prior, f. a ~termination of applica,ion completeness, APPLICANT shall pay an initial deposit in the
amount 01'$ 4 t3l Qc?which is for ~/.x hours of Community Development staff time, and if actual
recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse
the CITY for the processing of the application mentioned above, including post approval review, Such periodic
payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such
accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all
costs associated with case processing have been paid,
CITY OF ASPEN
APPLICANT
By:
. d--J.
By:
ie Ann Woods
ommunity Development Director
Mailing Address:
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ASPEN/PITKIN COMMUNITY DEVELOPMENT
1999 LAND USE APPLICATION FEES
CATEGORY
Major
Minor
Staff Approvals
Flat Fee
Exempt HPC
Minor HPC
Significant HPC <1000 sq. ft,
Significant HPC >1000 sq. ft.
Demolition. Partial Demolition. Relocation
Referral Fees - Environmental Health
Major
Minor
Referral Fees - Housing
Major
Minor
Referral Fees - City Engineer
Major
Minor
Hourly Rate
EO'd
HOURS
DEPOSIT
12
6
2,220.00
1,110,00
460.00
FLAT FEE
255,00
65,00
120.00
312.00
624,00
1250,00
320,00
160,00
320,00
160,00
320,00
160,00
185.00
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