HomeMy WebLinkAboutLand Use Case.TU.465 N Mill St.A059-01
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CASE NUMBER
PARCEL ID #
CASE NAME
PROJECT ADDRESS
PLANNER
CASE TYPE
OWNER/APPLICANT
REPRESENTATIVE
DATE OF FINAL ACTION
CITY COUNCIL ACTION
PZ ACTION
ADMIN ACTION
BOA ACTION
DATE CLOSED
BY
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A059-01
2737-073-00048
Othelo Sk8 Shop Conditional Use
465 N. Mill Street
Joyce Ohlson
Conditional Use
Othelo Clark
7/23/01
Reso.77-2001
Approved
11/29/01
J. Lindt
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MEMORANDUM
TO: Mayor Klanderud and City Council Members
THRU: Julie Ann Woods, Community Development Director
Joyce Ohlson, Deputy Director
FROM: Steve Clay, Planner
RE: Othello's SK8 Shop, 'TetnpbtaryOse - PublIc Remri@'
DATE: July 23,2001
ApPLICANT
Othello Clark
PARCEL No. & LEGALID
2737-073-00048
ADDRESS
465 N. Mill Street
ZONING
Service/Commercial/Industrial (S/CII)
CURRENT LAND USE
SaleslMaintenancelRecreational
PROPOSED LAND USE
RetaillRecreationallTeen Night Club
REQUESTED ACTION
Temporary Use Permit
BACKGROUND:
Several months ago, Othello's SK8 Shop applied for a business license with the City of
Aspen. Part of the business license approval process is a referral to the Zoning Officer to
ensure that the business use is appropriate and in accordance with adopted zoning. The
Zoning Officer found that the use needed a Conditional Use approval (retail in SCI) from
the City prior to the business license sign-off and the conduct of business commencing.
Soon thereafter, Staff found that the business had occupied the site and was conducting
business, constituting a zoning violation. The business owner had agreed that he would
initiate remedial action on the zoning violation by submitting an application. The City
. opted to take a more lenient stance, on this matter and issued a conditional business
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license so that the business owner could continue without delay due the required City's
processes. Since a great deal oftime transpired between the time the business became a
zoning violation and the applicant taking remedial action, and given the fact that the
applicant added additional uses (commercial recreation and entertainment), and given the
seasonal nature of the proposal, Staff recommended that the applicant apply for a
Temporary Use Permit. The business has occupied the site since May and is currently in
operation.
SUMMARY:
The applicant is proposing three (3) different uses for this location:
.r:. . Retiim'--Including rental & maintenance
(?.~QJ!IJ!!~r..!tr~IB.~I~!tiQ!1--~Use of Skate. Ramp for a Charged Fee
~.~'E"'n1j;)i.i!iIJftnj;)J1'-- We~kend TeenSkate Night (Fri-Sat) US^--
Othello's SK8 Shop is located in the same retail space wheral)l'l.th,\-g~SpOl1:i"
Goods has conducted business for several years. Play It Again mtenClsto reoccupy the
space again after September 15, 2001.
Othello's SK8 Shop has occupied the premises since late spring and intends to continue
through September 15th 2001. The business is housed in an area/shop of 860 s.f. The
main use of the shop is for ~l. of equipment and clothing plus skateboard~
t["1l1'td~iI. Nearly 20% of the shop area will be devoted to retail, which is less than the
maximum allowable of25% in the SCI Zone District. (Attached as Exhibit B is the SCI
Zone District description from the Land Use Code.)
In addition to the sales, rental and repair, there is a half - pipe located at the back of the
shop. See Fig. #1 above. The half-pipe will be used for commercial recreational
purposes for a fee, and to test equipment prior to sales.
In addition to the retail and recreational uses, an entertainment component is proposed
as Weekend Teen Skate Night on Friday and Saturday nights from 8pm-10pm. A disc
jockey will operate a sound system in the back of the shop: It is not clear ifthere will be
a price for admission.
Staff finds that the limited area of retail, rental and repair of recreational equipment is
suitable for the site and zone district. However, the for-fee recreational use and
entertainment components of the use are not compatible with the intent of the zone
district and land uses in the vicinity of the subject property.
PROCESS:
The application before the Council is for a temporary use which is reviewed in a public
hearing process. This review is required of the Council when the duration of the proposed
use exceeds 14 days. The Community Development Director may administratively
handle a temporary use of lesser time (7 days with a possible 7 -day extension).
Section 26.450.010 of the Land Use Code regarding states the following regarding the
purpose of temporary uses.
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"Temporary uses are those uses or structures that mayor may not be permitted in a given
zone district, but which may be allowed on a non-permanent and temporary basis upon
individual review of their proposed nature, location, duration, impact, and compatibility
with surrounding permitted uses and structures, excepting outdoor merchandising or
commercial displays which shall not be permitted as temporary uses."
REVIEW:
Staff has broken the review of this application down into three categories of use -retail,
recreational use and entertainment. Following is an analysis of the review criteria for
each use.
1) Retail Use
The retail use for this location will include the sales of clothing, skateboards and
equipment. Rental and repair services for skateboards and equipment will also be
provided.
Criteria applicable to all temporary uses as stated below:
When considering a development application for a temporary use or an insubstantial
temporary use, the Community Development Director or City Council shall consider,
among other pertinent factors, the following criteria as they, or any of them, relate
thereto:
A. The location, size, design, operating characteristics, and visual impacts of the
proposed use.
Staff FindinK:
The SK8 Shop is in the same location that was occupied by the retail
store Play It Again. Staff finds that the location, design, size, visual
impacts and operating characteristics regarding the retail use of this
new business will have no impacts to the structures and uses in the
immediate vicinity. The SCI zone district was intended to provide space
for service businesses and does not allow for retail to utilize more that
25% of the floor area. The SK8 Shop is in conformance with
approximately 20% of the floor area allocated to the retail, rental and
repair aspects of the business.
B. The compatibility of the proposed temporary use with the character, density and
use of structures and uses in the immediate vicinity.
Staff FindinK:
Staff finds the proposed retail use is generally compatible with the
character, density and use of structures and other retail uses in the
immediate vicinity finding that the previous business was compatible
and had no negative impacts. No changes are proposed to the outside of
the structure and no component of the llse is proposedfor the out of
doors.
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c. The impacts of the proposed temporary use on pedestrian and vehicular traffic and
traffic patterns, municipal services, noise levels, and neighborhood character.
Staff Finding:
Stafffinds the retail impacts of the proposed temporary use on
pedestrian and vehicular traffic and traffic patterns, municipal services,
noise levels, and neighborhood character to be compatible and will
remain consistentfor this location. Adequate off street parking is
provided.
D. The duration of the proposed temporary use and whether a temporary use has
previously been approved for the structure, parcel, property or location as
proposed in the application.
Staff Finding:
Stafffinds that no other temporary use has previously been approvedfor
the structure, parcel, property or location proposed in the application.
The duration will not exceed 180 days.
E. The purposes and intent of the zone district in which the temporary use is
proposed.
Staff Finding:
Staff finds the retail use of the proposed application is compatible and
remains consistent withthe purposes and intent of the SCI zone district
per Section 26.710.160 (B) (5) which states: "Manufacturing, repair,
alteration, tailoring, and servicing of consumer goods such as household
appliances, electronic equipment, furniture, clothing, or sporting goods"
is a permitted use, as long as the floor area for retail does not exceed
25%.
F. The relation of the temporary use to conditions and character changes, which may
have occurred in the area and zone district in ':Vhich the use is proposed.
Staff Finding:
Staff finds the proposed use to be compatible to the conditions and
character changes that have occurred in the area and zone district in
which the use is proposedfinding that the area remains the same as
when Play It Again occupied the location. The new skateboard park in
the Rio Grand Park likely has added demand (and support) for this type
of shop.
G. How the proposed temporary use will eI1hance or diminish the general public
health, safety or welfare.
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Staff FindinK:
Staff finds that the proposed temporary retail use will effect the general
public health, safety or welfare. The retail, rental and repair use is
convenient in that the business location is in close proximity to the
newly constructed skateboard park and Rio Grande Trail.
Overall, Staff feels that the retail, rental and repair use is appropriate for the site.
2) Commercial Recreational Use
Othello's SK8 shop is proposing the use of the half-pipe for commercial
recreation purposes for a fee. No recreational uses are proposed for outside of the
building.
Customers have the option to rent equipment from the shop or to use their own
equipment. The application states that no skating will occur before 4pm Mon-Fri.
Skating would be allowed after 4pm and all day Saturday and Sunday during
regular business hours. The proposed business hours for the shop would be lOam
until 7pm, Sun - Sat. The applicant proposes that only one person would be
allowed on the half-pipe at any given time.
Criteria applicable to all temporary uses as stated below:
When considering a development application for a temporary use or an insubstantial
temporary use, the Community Development Director or City Council shall consider,
among other pertinent factors, the following criteria as they, or any of them, relate
thereto:
A. The location, size, design, operating characteristics, and visual impacts of the
proposed use.
Staff Finding:
The recreationalllse will be indoors and will not have any visual
impacts from locations outside of the shop. The surrounding area is
favorable for recreation finding that the skate park, hiking trail and
playing field is in close proximity to the SK8 shop. However, the SCI
zone does not specifically allow commercial recreationalllses to occur at
this location. Forexample, a bowling alley or fitness center would not be
allowed in the SCI zone district. The size of the shop has not changed
from the original use and no plans have been proposed. Staff finds that
the design of the building may not be suitable for use of the half-pipe
finding that the ceilings may not be high enough. However, the
installation of the half-pipe does not require a building permit.
B. The compatibility of the proposed temporary use with the character, density and
use of structures and uses. in the immediate vicinity.
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Staff FindinK:
In that the use will be contained within the structure, Staff does not
raise compatibility issues having to do with character or density. Noise
is addressed below.
c. The impacts of the proposed temporary use on pedestrian and vehicular traffic and
traffic patterns, municipal services, noise levels, and neighborhood character.
Staff FindinK:
Staff finds that the impacts of the proposed recreational use on
pedestrian and vehicular traffic and traffic patterns, municipal services,
noise levels, and neighborhood character will be minimal as long as the
applicant adheres to the no skate rule before 4pm Mon-Fri. If skating
were allowed before the specified time of 4pm, the noise levels from the
use of the half-pipe may influence the neighboring tenants ability to
conduct business in a suitable and healthy environment.
D. The duration ofthe proposed temporary use and whether a temporary use has
previously been approved for the structure, parcel, property or location as
proposed in the application.
Staff Finding:
The duration of the proposed temporary use from spring to early
September is a long time for a use that is not permitted in or appropriate
for the zone district. Stafffinds that no temporary use has previously
been approvedfor this location.
E. The purposes and intent of the zone district in which the temporary use is
proposed.
Staff Finding:
The proposed recreational use does notfit the purpose and intent of the
SCI zone district and is not listed as either a permitted or a conditional
use.
F. The relation of the temporary use to conditions and character changes, which may
have occurred in the area and zone district in which the use is proposed.
Staff FindinK:
No changes in the area or zone district have occurred since Play It
Again left the premises.
G. How the proposed temporary use will enhance or diminish the general public
health, safety or welfare.
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Staff Finding:
No effect is anticipated with the use.
Overall, Staff does not feel that this use is appropriate for the area or zone district
in which it is located.
3) Entertainment-Weekend Teen Skate Night (Fri. & Sat. from 8-10pm)
The applicant is proposing an entertainment use of weekend teen skate nights on
Friday and Saturday from 8pm-10pm. A disc jockey would operate a sound
system during those hours. Maximum occupancy is twenty-nine (29), per
building code requirements.
Criteria applicable to all temporary uses as stated below:
When considering a development application for a temporary use or an insubstantial
temporary use, the Community Development Director or City Council shall consider,
among other pertinent factors, the following criteria as they, or any of them, relate
thereto:
A. The location, size, design, operating characteristics, and visual impacts of the
proposed use.
Staff Finding:
Staff finds that the operation of an entertainment use could have
impacts associated with the congregation of people especially outside the
building, especially due to the small area of the space proposed for this
IIse. According to City Building Officials, the structure can
accommodate only 29 person based on UBC occupancy. Noise
associated with the DJ music may also pose a negative effect on the
adjoining residential properties.
B. The compatibility of the proposed temporary use with the character, density and
use of structures and uses in the immediate vicinity.
Staff Finding:
Staff finds that the proposed weekend teen night hOllrs of operation are
not likely to conflict with the hours of operation of uses in the immediate
vicinity per Section26.710.160 (A)(B) 1-20. However, the use is not of a
similar character to those in the neighborhood. Youth entertainment
IIses are found at the YOllth Center. The density of the use, in terms of
the number of people who could congregate at this site is much higher
than the allowed uses for the SCI zone district.
C. The impacts of the proposed temporary use on pedestrian and vehicular traffic and
traffic patterns, municipal services, noise levels, and neighborhood character.
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Staff FindinK:
Stafffinds that the possible negative impacts on municipal services may
be slight to none. However, the impacts on pedestrian and vehicular
traffic, traffic patterns, noise levels, and neighborhood character could
possibly be significantfinding that the users may drive themselves or
have their parent drop them off and pick them up. Spillover into the
parking lotfrom the inside of the shop is possible. Noisefrom the sound
system may cause negative impacts to the neighborhood character
finding that homes are located directly behind the shop.
D. The duration of the proposed temporary use and whether a temporary use has
previously been approved for the structure, parcel, property or location as
proposed in the application.
Staff FindinK:
Stafffinds that the duration of the proposed temporary use is not
compatible per Section26. 710.160 (A)(B) 1-20. Stafffinds that no
temporary use has previously been approvedfor this location.
E. The purposes and intent of the zone district in which the temporary use is
proposed.
Staff FindinK:
Stafffinds the proposed weekend teen night is not contained within the
purpose and intent of the SCI zone district.
E. The relation of the temporary use to conditions and character changes, which may
have occurred in the area and zone district in which the use is proposed.
Staff FindinK: . J,..
No changes to the vicinity have occurred which warrant an
entertainment center for the SCI zone district.
F. How the proposed temporary use will enhance or diminish the general public
health, safety or welfare.
Staff Finding:
Potential traffic generation on the site and off site, and noise could have
negative impacts regarding health, safety and welfare.
Overall, Staff does not feel that this use is appropriate for the area or zone district in
which it is located.
~fin:R~CQmniendatio.
~RetairlJft
Staff recommends approval for the temporary retail use based on the findings above
considering the criteria per Section 26.450.030.
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2) Commercial Recreational Use
Staff recommends denial for the temporary recreational use based on the findings above
considering the criteria per Section 26.450.030.
3) Entertainment-Weekend Teen Skate Night
Staffrecommends denial for the temporary Weekend Teen Skate Night use based on the
findings above considering the criteria per Section 26.450.030.
Recommended Motions
"I move to approve Resolution No._, (Series of 2001) for the Temporary Retail,
Recreational and Entertainment uses for the location at 465 N. Mill Street, Aspen Co.
finding that the criteria per Section 26.450.030 have been review and considered."
Exibits:
A-Resolution No._, Series of200
B-SCI Zone District Code Excerpt
C- Vicinity Map
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Exhibit B
Service/Commercial/Industrial (S/C/I)
This site is located in the Service/Commercial/Industrial (SCI) zone.
Section 26. 710.160 regarding the SCI zone district states:
A. 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.
B. The following uses are permitted as ofright in the Service/CommerciallIndustrial
(S/CII) zone district. Except as noted below, each of the permitted uses may
have, in combination, no more than 25% of its floor area devoted to retail sales,
office, showroom, or customer reception. The Commission may increase this
floor area percentage through conditional use review.
1. Building materials, components, and equipment, fabrication, sales, rental,
repair, and servicing with up to 100% of the floor area devoted to office,
showroom, retail, or customer reception use.
2. Automobile and motorcycle repair, servicing, and detailing.
3. Automobile and motorcycle parts sales with up to 100% of the floor area
devoted to office, showroom, retail, or customer reception uses.
4. Fabric and sewing supply with up to 100% of the floor area devoted to
office, showroom, retail, or customer reception uses.
5. Manufacturing, repair, alteration, tailoring, and servicing of consumer
goods such as household appliances, electronic equipment, furniture,
clothing, or sporting goods.
6. Building maintenance facility.
7. Typesetting and printing.
8. Commercial kitchen.
9. Design Studio.
10. Artist's Studio.
11. Rehearsal or teaching studio for the creative, performing, and/or martial
arts with no public performances.
12. Locksmith.
13. Post office.
14. Animal grooming establishment.
15. Warehousing and storage.
16. Service yard accessory to a permitted use.
17. Home occupations.
18. Accessory buildings and uses.
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] 9. Other similar uses considered appropriate as a permitted use by the
Community Development Director, pursuant to Section 26.306
Interpretations, as amended.
20. Any use established prior to adoption of Ordinance 2, Series 1999, subject
to the non-conforming use provisions of Section 26.312, as amended.
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LAND USE ApPLICATION
PROJECT:
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43.2-01
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Name: OTHELLO'S SK8 SHOP
Location: 465 NORTH MILL STREET. ASPEN. COLORADO 81n11
(Indicate street address, lot & block number, legal description where appropriate)
ApPLICANT:
Name:
Address:
Phone #:
()'T'~F1"f n ('1 AR'fl
PO. ROX 4q 1?
A~P~N rnTnRAnn 81~12
REPRESENTATIVE:
Name:
Address:
Phone #:
APPLICANT IS HIS OWN RFPRF~FN1'A1'T\rF
E OF ApPLICATION: (please check all that apply):
Conditional Use 0 Conceptual POD
pecial Review 0 Final POO (& PUD Amendment)
Design Review Appeal 0 Conceptual SPA
GMQS Allotment 0 Final SPA (& SPA Amendment)
GMQS Exemption 0 Subdivision
ESA _ 8040 Greenline, Stream 0 Subdivision Exemption (includes
Margin. Hallam Lake Bluff, condominiumization)
Mountain View Plane
o
o
~.
o
Tern porary Use
Text/Map Amendment
Lot Split
Lot Line Adjustment
o Conceptual Historic Devt.
o Final Historic Development
o Minor Historic Devt.
o Historic Demolition
o Historic Designation
o Small Lodge Conversion!
Expansion
o
Other:
EXISTING CONDITIONS: (description of existing buildings, uses. previous approvals, etc.)
\
PROPOSAL: (description of proposed buildings, uses, modifications, etc.)
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Have you attached the following?
o Pre-Application Conference Summary
o Attachment #1, Signed Fee Agreement
o Response to Attachment #2, Dimensional Requirements Form
o Response to Attachment #3, Minimum Submission Contents
o Response to Attachment #4, Specific Submission Contents
o Response to Attachment #5, Review Standards for Your Application
FEes Due: $
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OTHELLO SK8
405 SOUTH MILL STREET
ASPEN, COLORADO 81611
(970) 948-5752
June 6, 2001
ADDENDUM TO PROPOSAL FOR OTHELLO SK8 CONDITIONAL USE PERMIT
I wish to propose that this Addendum be added to the proposal for Othello SK8
conditional use permit for my review with the Planning and Zoning Committee.
I propose the following additions:
1. I wish to use the indoor half pipe for kids to use between .the hours
of 8:00pm and 10:00pm, on Friday and Saturday nights only.
Kids Come into my shop after the skateboard park is closed and wish
to use the pipe at night.
2. Only one child can be on the pipe at a time, there are usually
ten to fifteen kids in my shop at night, the limit would be twenty.
3. There will be a DJ who will operate the sound system during the
hours that half pipe is open.
4. The price for a season pass is $25.00.
The price for a monthly pass is.$10.00.
The price for a day pass is $1.00.
All of the above monies go towards the maintenance of the ramp.
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CLARK
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ATTACHMENT 113
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Mr. James Lindth
Aspen Planning Department
130 S. Galena St.
Aspen CO 81611
James,
As per our previous conversations, I have taken a moment to summarize the uses of my
proposed Skateboard Rental and Repair shop. If there are any other issues that need
clarification, do not hesitate to contact me.
The shop is approximately 870 square feet in floor area, measuring roughly 49' by
17' -6". The main use of my shop will be the rental and repair of skateboards forthe
neighboring Skateboard Park. In addition to the skateboards themselves, I will also be
renting helmets, elbow and knee pads. My intent always has been to provide visitors or
the youth of aspen that do not yet own equipment, a chance to get into the park and try
the sport for themselves. In addition to the rentals, a small portion of the shop will be
devoted to retail, approximately 200 square feet. Part of being able to repair skateboards
is having new items such as wheels, tmcks, and boards for sale. I estimate that many
riders will break a board or need new wheels throughout the course of the summer, and
my shop will be in such close proximity that the riders can simply walk over. As many
of you know, I also have my own clothing line and will be selling t-shins, hats, and visors
as promotional items for my shop within the 200 square foot retail space. I estimate that
most of my business will be the rentals, the rest will be the sale of replacement items
damaged in the park.
In addition to the rentals, repairs and small retail corner, a half-pipe will be
constmcted in the back of the shop. In no way is this half-pipe intended for full time use.
It is simply a way for unfamiliar riders to get comfortable on a ramp before entering the
hustle and bustle of the large park. Also, riders from out of town who rent my equipment
may want a few practice runs to get comfortable with the rented equipment before testing
themselves on the 10' bowl. The ramp will also allow people to tryout their replacement
wheels or decks before purchasing them. Please keep in mind that the ramp will only be
3"0" high and will not be nearly as attractive to riders as the concrete park across the
street.
The shop will be fitted with some chairs and couches for riders to use while they
are waiting to get fitted for pads or for their skatebQards to be fixed. A television will be
mounted in the corner to play skateboard videos. That will be both for my enjoyment as
well as to inspire skateboard riders to learn new tricks.
I hope this helps you and the planning staff understand my intended use of the Use It
Again space. As stated before, please feel free to contact me if any other information or
clarification is necessary. I can be reached at home at 544-3449 or on my cell at 948-
5752. Thank you for your time.
Othello Clark
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ATTACHMENT liS
In response to the requests on Attachment US, Review Standards:
Development or Conditional Use.
A. The space is an existing sporting goods store.
B. The surrounding spaces consist of a bicycle rental and accessories shop
The space is in close proximity to .the skateboard park
C. There are no adverse effects according to the stipulations of
this paragraph pertaining to the shop.
D. We comply with all of the stipulations in paragraph #D
E. Not Applicable.
F. The conditional use stipulates a sporting good shop under which category
we fall as we are rental and sale of skateboard and skateboard accessories
as outlined in the attached letter.
City of Aspen
1'"\
2001 Combined Sales T1 and
Sales Tax Administrator Business LicenseApplication
130 South Galena Street and Business OccuDation Tax Return
Aspen Colorado 81611 Please Type or Prim Clearly
(970) 920-5029 E-MAIL: larl}1rf!..ci.aspen.co.us
Name of Business: ~l(~~ SKS :)~)
~/ Primarv Mailing Address:
~() k:n'l.. j.jq 12-
A.f>R~N"\ CD '" It.I:L . .
Address To WhICh You Would Like Licenses Mailed:
LSame as Sales Tax Address
Same as Location Address
_Other:
Location Address: 1../(0'5 ~. tv\:,ll 9, \.
-Phone No of Business: ('110) Cj4~- 57fi2
- (Sales Ta)contacl ~ Ilo R r J"JV k.
E-mail Address:~L.)K5i.(0ADL.CoM
Fax No.: (
Contact Phone:
Web Page Address:
Colorado Sales Tax License No:
,.;,
If Being Applied For. Date')
If applicable. Stale of Colorado Sales Tax Exempt Number:
Frequency of Filing Aspen Sales Tax Returns: X Monthly _ Quarterly _
~rl1lore than 5600 in taxahle sales per month, you mus/file mOl1lh(v.
Annual
_ Other (Describe)
Will you also bc collecling the Aspen I 'X, Lodging Tax on Short Term Rentals of Lodging? _Yes
Nature of Business/Products Sold: SK~1'>~.YrL", ~. -r ~
_ Type of Ownership: (check one)
_Sole Proprietorship _Pannership _Corporation _LLC _Other
- If you haye a physical location in Aspen. Name of Trash Hauler:---1)F I . (Required) M
Trash Containers Must Be Wildlife Resistant ~
/ No
Dale That Business Staned In Aspen. or Dale of Purchase of Business: M. c~ I';) -'+\. (Jro I
If Business Was Purchased. Name of Previous Business & Owner: lJ I t>-
Panners. or Managers of the Business:
. \ Ie.
Title ~'p ()l...X\..et;<;(-<y7
Title
Title
c.
If Retail. Please Estimate the Highest Monthly Taxable Retail Sales For Your Business $ ~ 151 o(')D
Estimated Monthly Average Full Time Employees (ITE's) of your Business: 1
(Include self owners and partners. managers. etc.)
Computation of Annual Business Occupation Tax Due to the City of Aspen
For the Calendar Year. January I thru December 31. 2000:
0-5 Employees.......................................................................................................$150 Amount Paid:
6 - 15 Employees.. ... ........... ................. ....... ............... .... ..................... .....................$200
16 - 49 Employees. ......... ........................ ........... ........... ..... ............... .... ... ............ ....$400 LiiO_...Q9~
50 or More Employees......... ................................................. .................................. .$7 50
Liquor License Holders..... ........... ...... ............ .......... ........................ .... ...,..... ... ........$ -0-
Not For Profit Groups....(IRS Section 501(C).(3) Cenificate Required)....................$ -O-
f- CONTINUED ON REVERSE SIDE -7
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PLEASE RETURN THIS A ICATION ALONG WITH YOUR REMITTANCE OF THE
APPROPRIA TE BUSINESS OCCUP A TIdN TAXES, (AS CALUCULA TED ON THE FRONT OF THIS
APPLICATION), PAYABLE TO THE CITY OF ASPEN
FOR CITY STAFF ONLY
APPROVAL
DATE
f ZONING -
, Community Development
3'.' Floor of Cil) Hall
: E _0 920-5-1-11
J.frMf;;S- L::r.,vDT
ENVIRONMENTAL HEALTH-
Primaril) for Food Handling and
Hazardous Chemicals
2"" Floor o[ City Hall 920-5070
.----,..
..----....
.,
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ENVIRONMENTAL R.\NGER-
Approval Required [or All Businesses Located
In I.spen - COnCerIling Trash Collection
2'" Floor of CilY Hall (EnvironmemaI.Hlth.Dept)
Brian Flynn 920.6011 or 920-5070
FIRE MARSHALL -
Localed in Ihe Fire Depl. 925-2690
FINANCE DEFT-
l"FIoor ofCily Hall
Pay Cashier the Appropriate Business Occupation Tax
See Larr:, Thoreson for Issuance of License
920-5029
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A
Attachment 6
One Step Commission or Council Development Review Procedure
1. Attend pre-application conference. During this one-an-one meeting, staffwill determine
the review process which applies to your development proposal and will identify the materials
necessary to review your application.
2. Submit Development Application. Based on your pre-application meeting, you should
respond to the application package and submit the requested number of copies of the complete
application and the appropriate processing fee to the Community Development Department.
Depending upon the complexity of the development proposed, Staff may suggest submitting only
one copy. This way any corrections that may be necessary can be accomplished before making
additional copies
3. Determination of Completeness. Within five working days of the date of your
submission, staff will review the application, and will notify you in writing whether the application
is complete or if additional materials are required. Please be aware that the purpose of the
completeness review is to determine whether or not the information you have submitted is adequate
to review the request, and not whether the information is sufficient to obtain approval.
4. Staff Review of Development Application. Once your application is determined to be
complete, a date for the Commission or Council review will be set. Applications are scheduled for
review on the first available agenda given the requirements for public notice.
During the staff review stage, the application will be referred to other agencies for
comments. The Planner assigned to your case or the agency may contact you if additional
information is needed or if problems are identified. The Planner will prepare a review memo which
addresses the proposal's compliance with the Land Use Code and incorporates the referral
comments. The planner will recommend approval, denial or tabling of the application and
recommend appropriate conditions to this action. You will be called to pick up a copy of the memo
and the agenda at the end of the week before your hearing, or we can mail it to you if you so
request.
During the period of staff review, it is essential that public notice be given, when required
for your development application. The requirements for notice of your application are provided in
Attachment 7.
5. Commission or Council Review of Development Application. Your project will be
presented to the Commission or Council at a regularly scheduled meeting. The typical meeting
includes a presentation by staff, a presentation by you or your representative, questions and
comments by the review body and the public, and an action on the staff recommendation, unless
additional information is requested by the review body.
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Final approval of any Development Application which amends a recorded document, such
as a plat, agreement or deed restriction, will require the applicant to prepare an amended version of
that document for review and approval by staff. Staff will provide the applicant with the applicable
contents for the revised plat, while the City Attorney is normally in charge of the form for recorded
agreements and deed restrictions. We suggest that you not go to the trouble or expense of preparing
these documents until the staff has determined that your ,!pplication is eligible for the requested
amendment or exemption.
6. Receipt of Building Permit. Once you have received fmal approval of your development
application, you may proceed to building permit review. During this time, your project will be
examined for its compliance with the Uniform Building Code. It will also be checked for
compliance with applicable provisions of the Land Use Regulations which were not reviewed in
detail during the one step review (this might include a check of floor area ratios, setbacks, parking,
open space and the like). Fees for water, sewer, parks and employee housing will be collected if
due. Any document required to be recorded, such as a plat, deed restriction or agreement, will need
to be reviewed and recorded before a Building Permit is submitted.
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ATTACHEMNT 4
Specific Submission Contents
Conditional Use Review
A Conditional Use Application shall contain the following items:
1. A sketch plan of the site showing existing and proposed features which are relevant
to the review of the conditional use application. See Attached.
2. If the application involves development of a new structure or expansion or exterior
remodeling of an existing structure, proRosed elevations of the structure. Not Applicable.
3. Written response to the review standards (attachment 5). See Attached.
Insubstantial Amendment to Approved Conditional Use
By Planning Director
The request for Planning Director approval of an Insubstantial Amendment or Exemption shall
contain the following items in addition to those above:
1. A written description of the existing conditions on the property which are requested
to be altered via the amendment or exemption. Not Applicable
2. A listing of all previous development approvals granted to the property, with the
approximate dates of said approvals. Not Applicable
3. A copy of any recorded documents which affect the proposed development,
including but not limited to recorded plats, agreements and deed restrictions. If
changes are proposed to said recorded documents, these should be "red-lined" onto a
copy of the original document. Not Applicable
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ATTACHMENT 1
ASPENIPITKIN
COMMUNITY DEVELOPMENT DEPARTMENT
City of Aspen Development Application Fee Policy
The City of Aspen, pursuant to Ordinance 45 (Series of 1999), has established a fee structure for
the processing ofland use applications. A flat fee or deposit is collected for 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 referral 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 flat fee is collected by Community Development for 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 different 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 has 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 Agreement for Payment 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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26.710.160
8. Minimum distance between tJrincitJal and accessory buildinf!s (feet): No requirement.
9. Percent of open space required for building site: 25.
10. External floor area ratio (applies to conforming and nonconforming lots of record): For
detached residential dwellings and duplexes the external floor area ratio shall be the same as in
the R6 zone district. All uses other than detached residential and duplex dwellings: 1:1; how-
ever, the 1:1 external floor area ratio may be increased to 1.5:1 by special review pursuant to
Chapter 26.430; however, if the external floor area ratio is increased by special review pursu-
ant to Chapter 26.430, then sixty (60) percent of the additional floor area must be approved for
residential use restricted to affordable housing.
26.710.160 ServicelCommercia1/Industrial (S/CII).
A. Purpose. The purpose of the ServicelCommerciallIndustrial (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 con-
sumer 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.
B. Permitted uses. The following uses are permitted as of right in the Ser-
vice/CommerciallIndustrial (S/CII) zone district. Except as noted below, each of the permitted uses
may have, in combination, no more than 25% of its floor area devoted to retail sales, office, show-
room, or customer reception. This floor area percentage may be increased through conditional use
review by the Commission.
1. Building materials, components, and equipment, fabrication, sales, rental, repair, and ser-
vicing with up to 100% of the floor area devoted to office, showroom, retail, or customer
reception use.
2. Automobile and motorcycle repair, servicing, and detailing.
3. Automobile and motorcycle parts sales with up to 100% of the floor area devoted to office,
showroom, retail, or customer reception use.
4. Fabric and sewing supply with up to 100% of the floor area devoted to office, showroom,
retail, or customer reception use.
5. Manufacturing, repair, alteration, tailoring, and servicing of consumer goods such as
household appliances, electronic equipment, furniture, clothing, or sporting goods.
6. Building maintenance faciH(y.
7. Typesetting and printing.
8. Commercial kitchen.
9. Design Studio.
10. Artist's Studio.
11. Rehearsal or teaching studio for the creative, performing, and/or martial arts with no public
performances.
710-77
(Aspen 4100)
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A
ASPEN/PITKIN .COMMUNITY.DEYEI,,9PMENT
2000 LAND USE ApPLICATION FEES
CA TEGORY
HOURS
DEPOSIT
Major
Minor
Staff Approvals
Flat Fee
12
6
2,310.00
1,155.00
480.00
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
FLAT FEE
265.00
65.00
480.00
1155.00
2310.00
2310.00
330.00
170.00
330.00
170.00
330.00
170.00
195.00
,....."
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ASPENIPITKIN
COMMUNITY DEVELOPMENT DEPARTMENT
,-
Agreement for Payment of City of Aspen Development Application Fees
CITY OF ASPEN (hereinafter CITY) and n'1'J.!"T Tn' ~ ~KR ~J.!np
(hereinafter APPLICANT) AGREE AS FOLLOWS:
I. APPLICANT has submitted to CITY an application for
rnNTIT'T'TnNAT n~R PRRMTT
(hereinafter, THE PROJECT).
2. APPLICANT understands and agrees ihat City of Aspen Ordinance No. 45 (Series of 1999)
establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent
to a detennination 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 penn it additional costs to be billed to APPLICANT on a monthly basis.
APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he
will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the
CITY when they are necessary as costs are incurred. CITY agrees it will be benefitedthrough the greater certainty
of recovering its full costs to process APPLICANT'S application.
4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete
processing or present sufficient infonnation to the Planning Commission and/or City Council to enable the Planning
Commission and/or City Council to make legally required findings for project consideration, unless current billings
are paid in full prior to decision.
5. Therefore. APPLICANT agrees that in consideration of the CITY's waiver of its right to collect
full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the
amount of $ 500.00 which is for _ hours of Community Development staff time, and if actual
recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse
the CITY for the processing of the application mentioned above, including post approval review. 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 penn its be issued until all
costs associated with case processing have been paid. 7
//
APP
CITY OF ASPEN
By:
Julie Ann Woods
Community Development Director
/1.
( By:
Date:
APRIL 6, 2001
Mailing Address:
POST OFFICE BOX 4912
ASPEN, COLORADO 81612
g:lsupportlformslagrpayas.doc
12/27/99
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A IT ACHMENT 2
DIMENSIONAL REQUIREMENTS FORM
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. ~oject:
V Applicant:
J Location:
Zone District:
Lot Size:
Lot Area:
OTHELLO'S SK8 SHOP
OTHELLO CLARK
465 NORTH MILL STREET,
ASPEN, COLORADO 81611
(for the 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.)
~mmercial net leasable: Existing: Proposed:
Number of residential units: Existing: Proposed:
Number of bedrooms: Existing: Proposed:
Proposed % of demolition (Historic properties only):
DIMENSIONS:
Floor Area: Existing: Allowable: Proposed:
Principal bldg. height: Existing: Allowable: Proposed:
Access. bldg. height: Existing: Allowable: Proposed:
\..// On-Site parking: Existing: Required: Proposed:
% Site coverage: Existing: Required: Proposed:
% Open Space: Existing: Required: Proposed:
Front Setback: Existing: Required: Proposed:
Rear Setback: Existing: Required: Proposed:
Combined F /R: Existing: Required: Proposed:
Side Setback: Existing: Required: Proposed:
Side Setback: Existing: Required: Proposed:
Combined Sides: Existing: Required: Proposed:
Existing non-conformities or encroachments:
Variations requested:
'-
A
ATTACHMENT 5
Review Standards: Development of Conditional Use
When considering a Development Application for a Conditional Use, the Commission shall
consider whether all of the following standards are met. The application must include a written
responce to each of these review standards.
~
./ A. The conditional use is consistent with the purposes, goals, objectives and standards of the
Aspen i\rea Comprehensive Plan, and with the intent of the Zone District in which it is
proposed to be located; and
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
proposed for development; and
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; and
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;
and
E. The applicant commits to supply affordable housing to meet the incremental need for
increased employees generated by the conditional use; and
The proposed conditional use complies with all additional standards imposed on it by the
Aspen Area Comprehensive Plan and by all other applicable requirements of this chapter.
J. F.
"
;.
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ATTACHMENT 7
Public Hearing Notice Requirements
Three fomis of notice are required by the Aspen Land Use Regulations: publication in the newspaper, posting of
the property, and mailing to surrounding landowners. You can determine whether your application requires notice,
and the type of notice it requires, from Table 1, which is attached to this summary.
Following is a summary of the notice requirements, including identification of who is responsible for completing
the notice.
1. Publication - Publication of notice in a paper of general circulation in the City of Aspen is to be done at
least fifteen (15) days prior to the hearing. The legal notice will be written by the Community Development
Department and we will place the notice in the paper within the appropriate deadline.
2. Posting - Posting of a sign in a conspicuous place on the property is to be done ten (10) days prior to the
hearing. It is the applicant's responsibility to obtain a copy of the sign from the Community Development
! Department, to fill it in correctly and to bring proof to the hearing that posting took place (use attached affidavit).
~ 3. Mailing - Mailing ofn~tice is to. be made t? all owners o~~r?perty wit?in 300 feet of the ~ubject
.(; development parcel by the applicant. It IS the applicant's responsIbIlity to obtam a copy of the nol1ce from the
~ Community Development Department, to mail it according to the following standards, and to bring proof to the
~ hearing that the mailing took place (use attached affidavit).
Standards for notice shall be as follows:
1. Any federal agency, state, county or municipal govemment service district or quasi govemmental agency
that owns property within 300 feet of the subject property must be mailed notice fifteen (15) days prior to the
hearing.
2. All other landovrners within 300 feetofthe subject property must be mailed notice ten (10) days prior to
the hearing, unless notice is given by hand delivery, in which case it must be sent five (5) days prior to the hearing.
3. Subdivision ap!'J1igttions only also require notice by registered mail to all surface owners, mineral owners
and lessees of mineral o\\n~ of the subject property.
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 public hearing.
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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 26.304.060(E)
l~tlo K- CfdrK
Applicant to the City of Aspen, personally certify that I have complied with the public notice
requirements pursuant to Section 26.304.060(E) of the Aspen Municipal Code in the following
I,
manner:
, being or representing an
1. By mailing of notice, a copy of which is attached hereto, by first-class postage prepaid U.S.
Mail to all owners of property within three hundred (300) feet of the subject property, as indicated
on the attached list, on the :'~~day OfF' 2001- (which is a:2 days prior to the public
hearing date of~d,,,,t ~') Rn )- ~D 0 \
2. By posting a Sign ill a COnspiCUOUS place on the subject property (as It could be seen from
the nearest public way) and that the said sign was posted and visible continuously from the 'd. B day
of':\\\ (\j't: , 200..L, to the ~")Rnday of ~ \.'J ~L ,200...L. (Must be posted for at least
ten~ before the hearing date). A photograph of the posted sign is attached hereto.
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Signed before me this f). i14ay of ~ \.J 10 c: .
200.1.. by ~
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Signature
WITNESS MY HAi'ID At'ID OFFICIAL SEAL
(j ~ \J ~cl\ q 15~.Sj 0 \
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My Commission expires:
Notary Public
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PUBLIC NOTICE
RE: OTHELO'S SK8 SHOP TEMPORARY USE PERMIT
NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, July 9,
2001 at arneeting to begin at 5:00 p.m. before the Aspen City Council, City Council
Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by
Othello Clark requesting approval for a temporary use permit from July 9, 2001 to
September 15,2001 to use the existing space of Use It Again Sports located 465 N. Mill
Street for a skate board sale/recreation/repair shop. For further information, contact
Steve Clay at the Aspen/Pitkin Community Devveloplment Department, 130 S. Galena
St., Aspen, CO 970.920.5441
S/Helen Klanderud
Aspen City Counsil
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ASPEN 9ENTER FOR
ENVIRONMENTAL STUDIES
100 PUppy SMITH ST
ASPEN, CO 81611
CITY OF ASPEN
130 S GALENA ST
ASPEN, CO 81611
HOROWITZ JAMES M
110 E HALLAM SUITE 104
ASPEN, CO 81611
MILL STREET VENTURE LLC
POBOX 1112
CRESTED BUTTE, CO 81224
PUPPY SMITH LLC
205 S MILL ST SUITE 301A
ASPEN, CO 81611
TEAGUE HENRY B
412 N MILL ST
ASPEN, CO 81611
~ ASPEN CONSOLIDATED SAJ..iITATION n B~qEr\.ALf\.N R.
565NM1LLST 410NMILLSTB-11
ASPEN, CO 81611 ASPEN, CO 81611
FULLER V1CTORlA B
1949 W W ABANSIA
CHICAGO, IL 60622
GARWOOD JANET
PLETTS SARAH A AS JT TENANT
PO BOX 3889
ASPEN, CO 81612
MARTIN MICHAEL S
4150 IRVING PL
CULVER CITY, CA
MILL STREET MILAGRO
CORPORATION
A COLORADO CORPORATION
414 N MILL ST
ASPEN, CO 81611
PEMBER WILLIS
PO BOX 8073
ASPEN, CO 81612
PITKIN COUNTY
530 E MAIN ST STE 302
ASPEN, CO 81611
REIDSCROFT PARTNERSHIP
PO BOX 10443
ASPEN, CO 81612
ROARlNG FORl( VENTURES LLC
557 N MILL ST
ASPEN, CO 81611
US POSTAL SERVICE
WESTERN REGION
SAN BRUNO, CA 94099
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SUITE II 302
ASPEN, CO. 81611
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OTHELLO SK8
405 SOUTH MILL STREET
ASPEN, COLORADO 81611
(970) 948-5752
June 6, 2001
ADDENDUM TO PROPOSAL FOR OTHELLO SK8 CONDITIONAL USE PERMIT
I wish to propose that this Addendum be added to the proposal for Othello SK8
conditional use permit for my review with the Planning and Zoning Committee.
I propose the following additions:
1. I wish to use the indoor half pipe for kids to use between.the hours
of 8:00pm and 10:00pm, on Friday and Saturday nights only.
Kids come into my shop after the skateboard park is closed and wish
to use the pipe at night.
2. Only one child can be on the pipe at a time, there are usually
ten to fifteen kids in my shop at night, the limit would be twenty.
3. There will be a DJ who will operate the sound system during the
hours that half pipe is open.
4. The price for a season pass is $25.00.
The price for a monthly pass is.$10.00.
The price for a day pass is $1.00.
All of the above monies go towards the maintenance of the ramp.
OTHELLO
./
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.
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OTHELLO SK8
405 SOUTH MILL STREET
ASPEN, COLORADO 81611
(970) 948-5752
June 6, 2001
ADDENDUM TO PROPOSAL FOR OTHELLO SK8 CONDITIONAL USE PERMIT
I wish to propose that this Addendum be added to the proposal for Othello SK8
conditional use permit for my review with the Planning and Zoning Committee.
I propose the following additions:
1. I wish to use the indoor half pipe for kids to use between.the hours
of 8:00pm and 10:00pm, on Friday and Saturday nights only.
Kids come into my shop after the skateboard park is closed and wish
to use the pipe at night.
2. Only one child can be on the pipe at a time, there are usually
ten to fifteen kids in my shop at night, the limit would be twenty.
3. There will be a DJ who will operate the sound system during the
hours that half pipe is open.
4. The price for a season pass is $25.00.
The price for a monthly pass is,$10.00.
The price for a day pass is $1.00.
All of the above monies go towards the maintenance of the ramp.
5. t...,-r I?>",,\A\~,\ ~~. \5"
:/?71~~~
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t"""'\ LAND USE ApPLICATION
A
432-0/
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, Name: OTHELLO'S SK8 SHOP
Location: 465 NORTH MILL STREET. ASPEN. COLORADO 81611
(Indicate street address, lot & block number, legal description where appt.opriate)
ApPLICANT:
Name:
Address:
Phone #:
n'T'HFl r n r.l ARll
P.O. JlOX 4q])
A~P~N r.nTnRAn~ S'Q12
REPRESENTATIVE:
Name:
Address:
Phone #:
APPLICANT IS HIS OWN REPRF.~FN1'A1'nTF
/'.",.,.c.../;......i
E OF ApPLICATION: (please check all that apply):
Conditional Use 0 Conceptllal pOb 0 Conceptual Historic Devt.
pecial Review 0 Final PUD (& PUD Amendment) 0 Final Historic Development
Design Review Appeal 0 Conceptual SPA 0 Minor Historic Devt.
GMQS Allotment 0 Final SPA (& SPA Amendment) 0 Historic Demolition
GMQS Exemption 0 Subdivision 0 Historic Designation
ESA - 8040 Greenline, Stream 0 Subdivision Exemption (includes 0 Small Lodge Conversion!
Margin, Hallam Lake 131uff, condominiumization) Expansion
Mountain View Plane
0 Lot Split -g. Temporary Use 0 Other:
0 Lot Line Adjustment TextlMap Amendment
EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.)
\
PROPOSAL: (description of proposed buildings, uses, modifications, etc.)
\
Have you attached the following?
o Pre-Application Conferen<;e Summary
o Attachment #1, Signed Fee Agreement
o Response to Attachment #2, Dimensional Requirements Form
o Response to Attachment #3, Minimum Submission Contents
o Response to Attachment #4, Specific Submission Contents
o Response to Attachment #5, Review Standards for Your Application
FEES DUE: $
r"1
n
County of Pitkin
} AFFIDAVIT OF NOTICE PURSUANT
} ss. TO ASPEN LAND USE REGULATIONS
State of Colorado } SECTION 26.304.060(E)
~~O ~~\l
1,
, being or representing an
Applicant to the City of Aspen, personally certify that I have complied with the public notice
requirements pursuant to Section 26.304.060(E) of the Aspen Municipal Code in the following
manner:
1.~BY mailing of notice, a copy of which is attached hereto, by first-class postage prepaid U.S.
Mail to all owners of property within three hundred (300) feet of the subject property, as indicated
on the attached list, on the day of ,200_ (which is _ days prior to the public
hearing date of ).
2.t\J\ By posting a sign in a conspicuous place on the subject property (as it could be seen [rom
the nearest public way) and that the said sign was posted and visible continuously from the _ day
of , 200_, to the _ day of ,200 . (Must be posted for at least
ten (10) full days before the hearing date). A photograp
(Attach photograph here)
Signed before me thi~ay of
200 -L by
WITNESS MY HAND AND OFFICIAL SEAL
Sales Tax Administrator
130 South GalenaStreet
Aspen Colorado 81611
(970) 920-5029 E-MAIL:
~~!i~~~~:~::S~~~~~::tr1
and Business6~c~D~ti()~ TaiR.eturll
Please Type or Print Clearly
larryt@ci.aspen.co.us
~City of Aspen
Name of Business 0-hD.IJC;~ SKB :)~
Sales Ta V Primary Mailin Address:
iJo ry-,'l< t.tq 12-
A.np,""" CD ~ 11.1],.-
Ad/SS To Which You Would Like Licenses Mailed:
Same as Sales Tax Address
Same as Location Address
_Other:
Location Address: I.t(o'j KI. "^-' I t flT
-Phone No of Business: ('110) Cjlj<b- f>t52
_(SaleSTa)x:ontacl ~llo R fj-;Nk
E-mail Address:~b~~A:DL.CoM
Fax No.: (
Contact Phone:
Web Page Address:
Colorado Sales Tax License No:
If Being Applied For. Date?
If applicable. State of Colorado Sales Tax E~~mpt Number:
Frequency of Filing Aspen Sales Tax Returns: X Monthly _ Quanerly _
flmore than 5600 in taxahle sales per month, you must file mOl1lh~v.
Annual
_ Other (Describe)
Will you also be collecting the Aspen I 'Yo Lodging Tax on Shon Term Rentals of Lodging')
Yes
/ No
Nature of Business/Products Sold: Sl\*)-~.~frl<;, ~. --t" ~
_ Type of Ownership: (check one)
_SoleProprielOrship _pannership _Corporation _LLC _Other
~ If you have a physical location in Aspen. Name of Trash Hauler:--2.F I . (Required) M
Trash Containers Must Be Wildlife Resistant ~
Date That Business Staned In Aspen. or Date of PurChase of Business: IV\. cb 1'0 "'- '/.):j'IJ \
If Business Was Purchased. Name of Previous Business & Owner: IV I/).
Panners. or Managers of the Business:
\ Ie-
Title ~\p E)W(\..erG,V<f'
Title
Title
c.
If Retail. Please Estimate the Highest Monthly Taxable Retail Sales For Your Business $ ~ 15, ODD
Estimated Monthly Average Full Time Employees (ITE.s) of your Business: 1
(Include self, owners and partners. managers. ete.)
Computation of Annual Business Occupation Tax Due to the City of Aspen
For the Calendar Year. January 1 thru December 31, 2000:
0- 5 Employees.. . .. ....$150 Amount Paid:
6 - 15 Employees. .................... ....$200
16 _ 49 Employees. .............. ..........$400 L \5.0 ...Cl.()
50. or More Employees....... ....................... ......................... ..................... ..$750
Liquor License Holders. ..................................................................................... .....$ -0-
Not For Profit Groups....(lRS Section 501(C).(3) Cenincate Required).............. ....$ -0.
f- CONTINUED ON REVERSE SIDE -7
f".
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PLEASE RETURN THIS A ICA TION ALONG WITH YOUR REMITTANCE OF THE
APPROPRIATE BUSINESS OCCUPATION TAXES, (ASCALVCULATED ON THE FRONT OF THIS
APPLICATION), PAYABLE TO THE CITY OF ASPEN
FOR CITY STAFF ONLY
APPROVAL
DATE
f ZONING -
, Community Development
3" Floor of City Hall
\ G 1 0 920-5441
JftfVIr;;s L.:I-tUDl
ENVIRONMENTAL HEALTH-
Primaril) for Food Handling and
Hazardous Chemicals
2'" Floor of City Hall 920-5070
t
)
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ENVIRONMENTAL RANGER-
Approval Required for All Businesses Located
In Aspen - Concerning Trash Collection
20' Floor of City Hall (EnvironmentaI.Hlth.Dept)
Brian Flynn 920-60 II or 920-5070
FIRE MARSHALL-
Located in the Fire Dept. 925.2690
FINANCE DEPT-
]" Floor of City Hall
Pal' Cashier the Appropriate Business Occupation Ta.\
See Larry Thoreson for Issuance of License
920.5029
I)
'.
ATTACHMENT 1
ASPENIPITKIN
COMMUNITY DEVELOPMENT DEPARTMENT
City of Aspen Development Application Fee Policy
The City of Aspen, pursuant to Ordinance 45 (Series of 1999), has established a fee structure for
the processing of land use applications. A flat fee or deposit is collected for 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 referral 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 flat fee is collected by Community Development for 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 different 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 has 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 Agreement for Payment 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.
...<>.i
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8. Minimum distance between vrincival and accessory buildinlls (feet): No requirement.
9. Percent of open space required forbuilding site: 25.
10. External floor area ratio (applies to conforming and nonconforming lots of record): For
detached residential dwellings and duplexes the external floor area ratio shall be the same as in
the R6 zone district. All uses o1;l1er than detached residential andciuplex dwellings: 1: 1; how-
ever, the 1:1 external floor area ratio may be increased to 1:5:1 by special review pursuant to
Chapter 26.430; however, if the external floor area ratio is increased by special review pursu-
ant to Chapter 26.430, then sixty (60) percent of the aciditional floor area must be approved for
residential use restricted to affordable housing.
26. 710.160 ServicelCorilInerciaIlIJ:1dllStri~ (S/CfI).
A. Purpose. The purpose of the Service!Commercial!II1dustrial (S/C/f) zone district is to
allow for the use of land for th.e 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 con-
sumer 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.
B. Permitted uses. The following uses are permitted as of right in the Ser-
vice/Commercial!II1dustrial (S/C/f) zone district. Except as noted below, each of the permitted uses
may have, in combination, no more than 25% of its floor area devotedtoretail sales, office, show-
room, or customer reception. This floor area percentage may be increased through conditional use
review by the Commission.
1. Building materials, components, and equipment, fabrication, sales, rental, repair, and ser-
vicing with up to 100% of the floor area devoted to office, showroom, retail, or customer
reception use.
2. Automobile and motorcycle repair, servicing, and detailing.
3. Automobile and motorcycle parts sales with up to 100% of the floor area devoted to office,
showroom, retail, or customer reception use.
4. Fabric and sewing supply with up to 100% of the floor area devoted to office, showroom,
retail, or customer reception use.
5. Manufacturing, repair, alteration, tailoring, and servicing of consumer goods such as
househol<i appliances, electronic equipment, furniture, clothing, or sporting goods.
6. Building maintenance. facility.
7. Typesetting and printing.
8. Commercial kitchen.
9. Design Studio.
10. Artist's Studio.
11. Rehearsal or teaching studio for the creative, performing, and/or martial arts with no public
performances.
-'
710-77
(Aspen 4JOO)
r,
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ASPEN/PITKIN COMMUNITY DEVELOPMENT
2000 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
HOURS
DEPOSIT
12
6
2,310.00
1,155.00
480.00
FLAT FEE
265.00
65.00
480.00
1155.00
2310.00
2310.00
330.00
170.00
330.00
170.00
330.00
170.00
195.00
t""\
()
ASPEN/PITKIN
COMMUNITY DEVELOPMENT DEPARTMENT
/
A~reement for Payment of City of Aspen Development Application Fees
CITY OF ASPEN (hereinafter CITY) and IYrHFT T (), ~ ~KR ~HIW
(hereinafter APPLICANT) AGREE AS FOLLOWS:
I. APPLICANT has submitte.d to CITY an application for
r.nl\lnT'l'Tnl\1AT TT~~ PR'RMT'T'
(hereinafter, THE PROJECT).
2. APPLICANT understands and agrees that City of Aspen Ordinance No. 45 (Series of 1999)
establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent
to a determination of application completeness.
3. APPLICANT and CITY agree that because of the size, nature or scope ofthe proposed project, it
is not possible at this time to ascertain the full extent of the costs involved in processing the application.
APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an
initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis.
APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he
will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the
CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty
of recovering its full costs to process APPLICANT'S application.
4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete
processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning
Commission and/or City Council to make legally required findings for project consideration, unless current billings
are paid in full prior to decision.
5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect
full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the
amount of $ 500.00 Which is for hours of Community Development staff time, and if actual
recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse
the CITY for the processing of the application mentioned above, including post approval review. 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.
Julie Ann Woods
Community Development Director
Date:
APRIL 6, 2001
CITY OF ASPEN
By:
Mailing Address:
POST OFFICE BOX 4912
ASPEN, COLORADO 81612
g:lsupportlformslagrpayas.doc
12/27/99
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ATTACHMENT 2
DIMENSIONAL REQUIREMENTS FORM
. ~oject:
V Applicant:
,/J Location:
\/ Zone District:
Lot Size:
Lot Area:
OTHELLO'S SR8 SHOP
OTHELLO CLARK
465 NORTH MILL STREET, ASPEN, COLORADO 81611
(for the 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.)
~mmercial net leasable: Existing: Proposed:
Number of residential units: Existing: Proposed:
Number of bedrooms: Existing: Proposed:
Proposed % of demolition (Historic properties only):
DIMENSIONS:
Floor Area: Existing: Allowable: Proposed:
Principal bldg. height: Existing: Allowable: Proposed:
Access. bldg. height: Existing: Allowable: Proposed:
V On-Site parking: Existing: Required: Proposed:
% Site coverage: Existing: Required: Proposed:
% Open Space: Existing: Required: Proposed:
Front Setback: Existing: Required: Proposed:
Rear Setback: Existing: Required: Proposed:
Combined F /R: Existing: Required: Proposed:
Side Setback: Existing: Required: Proposed:
Side Setback: Existing: Required: Proposed:
Combined Sides: Existing: Required: Proposed:
Existing non-conformities or encroachments:
Variations requested:
"
j
ATTACHMENT 3
MINIMUM SUBMISSION CONTENTS
1. Applicant's name, address and telephone number, contained within a letter signed by the
applicant stating the name, address, and telephone number of the representative
authorized to act on behalf of the applicant.
2. The street address and legal description of the parcel on which development is proposed
to occur.
3. A disclosure of ownership 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.
4. An 8 1/2" x 11" vicinity map locating the subject parcel within the City of Aspen.
Y A site improvement survey including topography and vegetation showing the current
status of the 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 Department if the project is determined not to warrant a survey document.)
,/ A site plan depicting the proposed layout and the project's physical relationship to the
land and it's surroundings.
7. A written description of the proposal and f> written explanation of how a proposed
development complies with the review standards relevant to the development application.
ATTAAT 1/3
~
Mr. James Lindth
Aspen Planning Department
130 S. Galena St.
Aspen CO 81611
James,
As per our previous conversations, I have taken a moment to summarize the uses of my
proposed Skateboard Rental and Repair shop. If there are any other issues that need
clarification, do not hesitate to contact me.
The shop is approximately 870 square feet in floor area, measuring roughly 49' by
17' -6". The main use of my shop will be the rental and repair of skateboards for the
neighboring Skateboard Park. In addition to the skateboards themselves, I will also be
renting helmets, elbow and knee pads. My intent always has been to provide visitors or
the youth of aspen that do not yet own equipment, a chance to get into the park and try
the sport for themselves. In addition to the rentals, a small portion of the shop will be
devoted to retail, approximately 200 square feet. Part of being able to repair skateboards
is having new items such as wheels, trucks, and boards for sale. I estimate that many
riders will break a board or need new wheels throughout the course of the summer, and
my shop will be in such close proximity that the riders can simply walk over. As many
of you know, I also have my own clothing line and will be selling t-shirts, hats, and visors
as promotional items for my shop within the 200 square foot retail space. I estimate that
most of my business will be the rentals, the rest will be the sale of replacement items
damaged in the park.
In addition to the rentals, repairs and small retail comer, a half-pipe will be
constructed in the back of the shop. In no way is this half-pipe intended for full time use.
It is simply a way for unfamiliar riders to ~~tcornfSrtable or:.a ramp before entering the
hustle and bustle of the large park. Also, ridersrro.ffi oui ofto\vn who rent my equipment
may want a few practice runs to get comfortable with the rented equipment before testing
themselves on the 10' bowl. The ramp will also allow people to tryout their replacement
wheels or decks before purchasing them. Please keep in mind that the ramp will only be
30" high and will not be nearly as attractive to riders as the concrete park across the
street.
The shop will be fitted with some chairs and couches for riders to use while they
are waiting to get fitted for pads or for their skateboards to be fixed. A television will be
mounted in the comer to play skateboard videos. That will be both for my enjoyment as
well as to inspire skateboard riders to learn new tricks.
,
I hope this helps you and the planning staff understand my intended use of the Use It
Again space. As stated before.. please feel free to contact me if any other information or
clarification is necessary. I can be reached at home at 544-3449 or on my cell at 948-
5752. Thank you for your time.
Othello Clark
~
ATTACHEMNT4
Specific Submission Contents
Conditional Use Review
A Conditional Use Application shall contain the following items:
1. A sketch plan of the site showing existing and proposed features which are relevant
to the review of the com:litionaluse application. See Attached.
2. If the application involves development of a new structure or expansion or exterior
remodeling of an existing structure, prososed elevations of the structure. Not Applicable.
3. Written response to the review standards (attachment 5). See Attached.
Insubstantial Amendment to Approved Conditional Use
By Planning Director
The request for Planning Director approval of an Insubstantial Amendment or Exemption shall
contain the following items in addition to those above:
1. A written description of the existing conditions on the property which are requested
to be altered via the amendment or exemption. Not Applicable
2. A listing of all previous development approvals granted to the property, with the
approximate dates of said approvals. Not Applicable
3. A copy of any recorded documents which affect the proposed development,
including but not limited to recorded plats, agreements and deed restrictions. If
changes are proposed to said recorded documents, these should be "red-lined" onto a
copy of the original document. Not Applicable
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ATTACHMENT 5
Review Standards: Development of Conditional Use
When considering a Development Application for a Conditional Use, the Commission shall
consider whether all of the following standards are met. The application must include a written
responce to each of these review standards.
~
./ A. The conditional use is consistent with the purposes, 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; and
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
proposed for development; and
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; and
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;
and
E. The applicant commits to supply affordable housing to meet the incremental need for
increased employees generated by the conditional use; and
.J F. The proposed conditional use complies with all additional standards imposed on it by the
Aspen Area Comprehensive Plan and by all other applicable requirements of this chapter.
I"')
()
ATTACHMENT ils
In response to the requests on Attachment #5, Review Standards:
Development or Conditional Use.
A. The space is a~ existing sporting goods store.
B. The surrounding spaces consist of a bicycle rental and accessories shop
The space is in close proximity to .the skateboard park
C. There are no adverse effects according to the stipulations of
this paragraph pertaining to the shop.
D. We comply with all of the stipulations in paragraph #D
E. Not Applicable.
F. The conditional use stipulates a sporting good shop under which category
we fall as we are rental and sale of skateboard and skateboard accessories
as outlined in the attached letter.
A
,
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Attachment 6
One Step Commission or Council Development Review Procedure
1. Attend pre-application conference. During this one-an-one meeting, staff will determine
the review process which applies to your development proposal and will identify the materials
necessary to review your application.
2. Submit Development Application. Based on your pre-application meeting, you should
respond to the application package and submit the requested number of copies of the complete
application and the appropriate processing fee to the Community Development Department.
Depending upon the complexity of the development proposed, Staff may suggest submitting only
one copy. This way any corrections that may be necessary can be accomplished before making
additional copies
3. Determination of Completeness. Within five working days of the date of your
submission, staff will review the application, and will notify you in writing whether the application
is complete or if additional materials are required. Please be aware that the purpose of the
completeness review is to determine whether or not the infOrmation you have submitted is adequate
to review the request, and not whether the information is sufficient to obtain approval.
4. Staff Review of Development Application. Once your application is determined to be
complete, a date for the Commission or Council review will be set. Applications are scheduled for
review on the first available agenda given the requirements for public notice.
During the staff review stage, the application will be referred to other agencies for
comments. The Planner assigned to your case or the agency may contact you if additional
information is needed or if problems are identified. The Planner will prepare a review memo which
addresses the proposal's compliance with the Land Use Code and incorporates the referral
comments. The planner will recommend approval, denial or tabling of the application and
recommend appropriate conditions to this action. You will be called to pick up a copy of the memo
and the agenda at the end of the week before your hearing, or we can mail it to you if you so
request.
During the period of staff review, it is essential that public notice be given, when required
for your development application. The requirements for notice of your application are provided in
Attachment 7.
5. Commission or Council Review of Development Application. Your project will be
presented to the Commission or COuncil at a regularly scheduled meeting. The typical meeting
includes a presentation by staff, a presentation by you or your representative, questions and
comments by the review body and the public, and an action on the staff recommendation, unless
additional information is requested by the review body.
I}
final approval of any Development Application which amends a recorded document, such
as a plat, agreement or deed restriction, will require the applicant to prepare an amended version of
that document for review and approval by staff. Staff will provide the applicant with the applicable
contents for the revised plat, while the City Attorney is normally in charge of the form for recorded
agreements and deed restrictions. We suggest that you not go to the trouble or expense of preparing
these documents untilthe staffhas deteqnirled that your lY'plication is eligible for the requested
amendment or exemption.
6. Receipt of Building Permit. Once you have received fmal approval of your development
application, you may proceed to building permit review. During this time, your project will be
examined for its compliance with the Uniform Building Code. It will also be checked for
compliance with applicable provisions of the Land Use Regulations which were not reviewed in
detail during the one step review (this might include a check of floor area ratios, setbacks, parking,
open space and the like). Fees for water, sewer, parks and employee housing will be collected if
due. Any document required to be recorded, such as a plat, deed restriction or agreement, will need
to be reviewed and recorded before a BY.i!4ing Permit is submitted.
1 stepsUlllffi
" .
ATTACHMENT 7
()
Public Hearing Notice Requirements
Three forms of notice are required by the Aspen Land Use Regulations: publication in the newspaper, posting of
the property, and mailing to surrounding landowners. You can determine whether your application requires notice,
and the type of notice it requires, from Table 1, which is attached to this sU11lIllary.
Following is a SUlllffiary of the notice requirements, including identification of who is responsible for completing
the notice.
1. Publication _ P\lblica.tioIl pf n~ti~~in. a paper of general circulation in the City of Aspen is to be done at
least fifteen (15) days prior to the hearing. . The legal notice will be written by the Community Development
Department and we will place the notice in the paper within the appropriate deadline.
2. Posting _ Posting of a sign in a conspicuous place on the property is to be done ten (10) days prior to the
hearing. It is the applicant's responsibility to obtain a copy of the sign from the Community Development
1 Dop.-n', '" fill " in ,<rrrectly md '" bri",. proof to th.e. hean...ng. "'" po"",, rook pl~ (0. se attached affidavit).
I~ 3. Mailing _ Mailing of notice is to be made to all owners of property within 300 feet of the subject
~ development parcel by the applicant. It is the applicant's responsibility to obtain a copy of the notice from the
~ Community Development Department, to mail it according to the following standards, and to bring proof to the
~ hearing that the mailing took place (use attached affidavit).
Standards for notice shall be as follows:
1. Any federal agency, state, county or municipal government service district or quasi governmental agency
that owns property within 300 feet of the subject property must be mailed notice fifteen (15) days prior to the
hearing.
2. All other landowners within 300 feet ofthe subject property must be mailed nQ~i~eten (10) days prior to
the hearing, unless notice is given by hand delivery, in which case it must be sent five (5) days prior to the hearing.
3. SUbdiViSiO. n aptl4g1tions only also require notice by registered mail to all surface owners, mineral owners
and lessees ofrnineral own~ of the subject property.
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 public hearing.
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}
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State of Colorado } SECTION 26.304.060(E)
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ss.
AFFIDAVIT OF NOTICE PURSUANT
TO ASPEN LAND USE REGULATIONS
I,
, being or representing an
Applicant to the City of Aspen, personally certify that I have complied with the public notice
requirements pursuant to Section 26.304.060(E) of the Aspen Municipal Code in the following
manner:
l.~y mailing of notice, a copy of which is attached hereto, by first-class postage prepaid U.S.
Mail to all owners of property within three hundred (300) feet of the subject property, as indicated
on the attached list, on the day of ,200_ (which is _ days prior to the public
hearing date of ).
2.~\ By posting a sign in a conspicuous place on the subject property (as it could be seen from
the nearest public way) and that the said sign was posted and visible continuously from the day
of , 200_, to the _ day of , 200 . (Must be posted for at least
ten (10) full days before the hearing date). A photograp posted
(Attach photograph here)
Signed before me thi~ay of
200.L.by
WITNESS MY HAND AND OFFICIAL SEAL
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ATTACHMENT 113
1.
2.
3.
4.
5.
6.
7.
f"'\
OTHELLO'S SK8 SHOP
OTHELLO CLARK
P.O. BOX 4912
ASPEN, COLORADO 81612
I am my own representative
465 NORTH MILL STREET
ASPEN, COLORADO 81611
Not Applicable
See attached map
Not Applicable
Not Applicable
See attached letter
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CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
LAND USE ApPLICATION PACKET
Included with this Land Use Application are the following attachments:
1. Development Application Fee Policy, Fee Schedule and Agreement for Payment Form
2. Dimensional Requirements Form
3. Description of Minimum Contents of Development Application
4. Description of Specific Contents for Submission of your Application. (may be more than
one attachment depending on number of reviews required)
5. Copy of Review Standards for Your Application. (may be more than one attachment
depending on number of reviews required)
6. General Summary of Your Application Process
7. Public Hearing Notice Requirements Summary
8. Affidavit of Notice
Generally, to submit a complete application, you should fill in the application form and attach to it
that written and/or mapped information identified in Attachments 2-5. Please note that all
applications require responses to the review standards in attachment 5 for that particular
development type. Also note that there may be more than one attachment 4 and 5, depending on
the number of reviews required.
You can determine if your application requires public notice to be given by reviewing Attachment 7
and Table 1. Table 1 will tell you if your application requires notice and in what form the notice
should take place.
We strongly encourage all applicants to hold a pre-application conference with a Planner in
the Community Development Department so that the requirements for submitting a complete
application can be fully described. Also, depending upon the complexity ofthe development
proposed, submitting one copy of the development application to the Case Planner to
determine accuracy, insufficiecies, or redundancies can reduce the overall cost of materials
and Staff time.
Please recognize that review of these materials does not substitute for a complete review of the
Aspen Land Use Regulations. While this application package attempts to summarize the key
provisions of the Code as they apply to your type of development, it cannot possibly replicate the
detail or the scope of the Code. If you have questions which are not answered by the materials in
this package, we suggest that you contact the staff member assigned to your case or consult the
applicable sections of the Aspen Land Use Regulations.
(""),
. I TABLE 1
SUMMARY OF PUBLIC HEARING NOTICE PROCEDURES
f")
.
APPLICATION TYPE PUBLIC BY WHOM FORM OF
HEARING NOTICEl
REQUIRED?
CONDITIONAL USE REVIEW Y P&Z 2,3
ESA REVIEW (8040 Greenline, Stream Margin, Mountain N
View Plane, Hallam Lake Bluff)
GMQS ALLOTMENT . . . . . Y GMC 1,2.3
GMQS EXEMPTION'" Y By GMC 1
By Council GMC-l
Council - 1
HlSTORlC DEVELOPMENT .
Conceptual Development . Y HPC 1,2,3
Final Development N
Minor Development N
Historic Demolition Y HPC 1,2,3
Historic Designation . Y HPC, P&Z & HPC - 1,2,3
Council3 P&Z - 1.2,3
Council - 1,2,3
Historic Lot Split Y HPC 1,2,3
MAP AMENDMENTS Y P&Z& P&Z - 1,2,3
Council3 Council- 1,2,3
PUD - CONCEPTUAL Y Council' 1,2,3
PUD - FINAL (and POO Amendment) Y P&Z 1,2.3
SPA - CONCEPTUAL Y Council' 1.2.3
SPA - FINAL (and SPA Amendment) Y P&Z 1,2,3
SUBDIVISION '. Y P&Z& P&Z - 1,2,3
Council3 Council- 1,2,3
SUBDIVISION EXEMPTIONS
Condominiumization . N
Lot Split Y Council 1.2,3
Lot Line Adjustment N
SPECIAL REVIEW .. .. . , . N
ADU Design Standrads Y P&Z 2,3
TEXT AMENDMENTS Y P&Z& P&Z-1
Council3 Council - 1
TEMPORARY USES Y Council4 1,2,3
VESTED PROPERTY RIGHTS Y CounciP 1,2,3
1 Numbers refer to the following: I = Publication in newspaper
2 = Posting of property
3 = Mailing to surrounding landowners
2 See Subdivision Exemptions for Lot Splits
3 Public Hearing occurs at second reading of the Ordinance by Council.
4 Adopted by Resolution, only one hearing required, which is a public hearing.
TABLE!
SUMMARY OF PUBLIC HEARING NOTICE PROCEDURES
n
APPLICATION TYPE PUBLIC BY WHOM FORM OF
HEARING NOTICE!
REQUIRED?
CONDITIONAL USE REVIEW Y P&Z 2,3
ESA REVIEW (8040 Greenline, Stream Margin, Mountain N
View Plane, Hallam Lake Bluff)
GMQS ALLOTMENT Y GMC 1,2.3
GMQS EXEMPTION" Y By GMC 1
By Council GMC-l
Council- 1
HlSTORIC DEVELOPMENT
Conceptual Development Y HPC 1,2~3
Final Development N
Minor Development N
Historic Demolition Y HPC 1,2.3
Historic Designation Y HPC, P&Z & HPC - 1,2.3
Council3 P&Z - 1,2,3
Council - 1,2,3
Historic Lot Split Y HPC \,2.3
MAP AMENDMENTS Y P&Z& P&Z - 1,2,3
Council3 Council- 1,2,3
PUD - CONCEPTUAL Y Council' 1,2.3
PUD - FINAL (and POO Amendment) Y P&Z 1,2.3
SPA - CONCEPTUAL Y Council' 1,2.3
SPA - FINAL (and SPA Amendment) Y P&Z 1,2,3
SUBDIVISION Y P&Z& P&Z - 1,2,3
Council3 Council - 1,2,3
SUBDIVISION EXEMPTIONS
Condominiumization N
Lot Split Y Council 1,2,3
Lot Line Adjustment N
SPECIAL REVIEW N
ADU Design Standrads Y P&Z 2,3
TEXT AMENDMENTS Y P&Z& P&Z-I
Council3 Council - I
TEMPORARY USES Y Council4 1,2,3
VESTED PROPERTY RIGHTS Y Council-' 1,2,3
1 Numbers refer to the following: I = Publication in newspaper
2 = Posting of property
3 = Mailing to surrounding landowners
2 See Subdivision Exemptions for Lot Splits
3 Public Hearing occurs at second reading of the Ordinance by Council.
4 Adopted by Resolution, only one hearing required, which is a public hearing.
rJ
~
'':.....J
Attachment
Mr. James Lindth
Aspen Planning Department
130 S. Galena St.
Aspen CO 81611
James,
As per our previous conversations, I have taken a moment to summarize the uses of my
proposed Skateboard Rental and Repair shop. If there are any other issues that need
clarification, do not hesitate to contact me.
The shop is approximately 870 square feet in floor area, measuring roughly 49' by
IT -6". The main use of my shop will be the rental and repair of skateboards for the
neighboring Skateboard Park. In addition to the skateboards themselves, I will also be
renting helmets, elbow and knee pads. My intent always has been to provide visitors or
the youth of aspen that do not yet own equipment, a chance to get into the park and try
the sport for themselves. In addition to the rentals, a small portion of the shop will be
devoted to retail, approximately 200 square feet. Part of being able to repair skateboards
is having new items such as wheels, tnlcks, and boards for sale. I estimate that many
riders will break a board or need new wheels throughout the course of the summer, and
my shop will be in such close proximity that the riders can simply walk over. As many
of you know, I also have my own clothing line and will be selling t-shirts, hats, and visors
as promotional items for my shop within the 200 square foot retail space. I estimate that
most of my business will be the rentals, the rest will be the sale of replacement items
damaged in the park.
In addition to the rentals, repairs and small retail comer, a half-pipe will be
constructed in the back of the shop. In no way is this half-pipe intended for full time use.
It is simply a way for unfamiliar riders to get comfortable on a ramp before entering the
hustle and bustle of the large park. Also, riders from out of town who rent my equipment
may want a few practice runs to get comfortable with the rented equipment before testing
themselves on the 10' bowl. The ramp will also allow people to tryout their replacement
wheels or decks before purchasing them. Please keep in mind that the ramp will only be
30" high and will not be nearly as attractive to riders as the concrete park across the
street.
The shop will be fitted with some chairs and couches for riders to use while they
are waiting to get fitted for pads or for their skateboards to be fixed. A television will be
mounted in the comer to play skateboard videos. That will be both for my enjoyment as
well as to inspire skateboard riders to learn new tricks.
I hope this helps you and the planning staff understand my intended use of the Use It
Again space. As stated before, please feel free to contact me if any other information or
clarification is necessary. I can be reached at home at 544-3449 or on my cell at 948-
5752. Thank you for your time.
Othello Clark
. ~
ATTACHMENT #5 PARAGRAPH # ;
~
Mr. James Lindth
Aspen Planning Department
130 S. Galena St.
AspenCO 81611
James,
As per our previous conversations, I have taken a moment to summarize the uses of my
proposed Skateboard Rental and Repair shop. Ifthere are any other issues that need
clarification, do not hesitate to contact me.
The shop is approximately 870 square feet in floor area, me~SUring roughly 49' by
17'-6". The main use of my shop will be the rental and repair of skateboards for the
neighboring Skateboard Park. II1 addition to the skateboards themselves, I will also be
renting helmets, elbow and knee pads. My intent always has been to provide visitors or
the youth of aspen that do not yet own equipment, a chance to get into the park and try
the sport for themselves. II1 addition to the rentals, a small portion of the shop will be
devoted to retail, approximately 200 square feet. Part of being able to repair skateboards
is having new items such as wheels, tmcks, and boards for sale. I estimate that many
riders will break a board or need new wheels throughout the course of the summer, and
my shop will be in such close proximity that the riders can simply walk over. As many
of you know, I also have my own clothing line and will be selling t-shirts, hats, and visors
as promotional items for my shop within the 200 square foot retail space. I estimate that
most of my business will be the rentals, the rest will be the sale ofreplacement items
damaged in the park.
In addition to the rentals, repairs and small retail comer, a half-pipe will be
constmcted in the back of the shop. II1 no way is this half-pipe intended for full time use.
It is simply a way for unfamiliar riders to get comfortable on a ramp before entering the
hustle and bustle of the large park. Also, riders from out of town who rent my equipment
may want a few practice runs to get comfortable with the rented equipment before testing
themselves on the 10' bowl. The ramp will also allow people to tryout their replacement
wheels or decks before purchasing them. Please keep in mind that the ramp will only be
30" high and will not be nearly as attractive to riders as the concrete park across the
street.
The shop will be fitted with some chairs and couches for riders to use while they
are waiting to get fitted for pads or for their skateboards to be fixed. A television will be
mounted in the comer to play skateboard videos. That will be both for my enjoyment as
well as to inspire skateboard riders to learn new tricks.
I hope this helps you and the planning staff understand my intended use of the Use It
Again space. As stated before, please feel free to contact me if any other information or
clarification is necessary. I can be reached at home at 544-3449 or on my cell at 948-
5752. Thank you for your time.
Othello Clark