HomeMy WebLinkAboutLand Use Case.465 N Mill St.A080-01
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CASE NUMBER
PARCEL ID #
CASE NAME
PROJECT ADDRESS
PLANNER
CASE TYPE
OWNER/APPLICANT
REPRESENTATNE
DATE OF FINAL ACTION
CITY COUNCIL ACTION
PZ ACTION
ADMIN ACTION
BOA ACTION
DATE CLOSED
BY
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A080-01
2737-073-00048
Othello's Sk8 Shop Conditional Use #2- First one became
465 N. Mill SI. ste. #5
Sarah Oates
Conditional Use
Othello Clark
Paula Brodin
1 0/2/01
Reso. #39-2001
Approved
11/5/01
J. Lindt
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MEMORANDUM
TO:
Aspen Planning and Zoning Commission
THRU:
Julie Ann Woods, Commnnity Development Director
Joyce Ohlson, Deputy Directo~
Sarah Oates, Zoning OfficerSQ
FROM:
RE:
Othello's Sk8 Shop Conditional Use - Public Hearing
465 N. Mill Street, Suite 5
DATE:
October 2, 2001
SUMMARY:
Paula Brodin, representing Othello Clark and Othello's Sk8 Shop, owner, has
applied for a conditional use approval for a rental and sales skateboard
establishment at 465 N. Mill Street, located in the Service/Commercial/Retail
(SCI) Zone District. The business also will include the repair of skateboards,
which is a permitted use in the SCI district as this district allows for the
"manufacturing, repair, alteration, tailoring, and servicing of consumer goods
such as household appliances, electronic equipment, fUrniture, clothing, or
sporting goods. "
The rental and sales uses are conditional uses based on their potential impacts.
The sales and rental of consumer goods such as household appliances, electronic
equipment, furniture, clothing or sporting goods are a conditional uses in the SCI
zone district.
The applicant is proposing dedicating 200 square feet of the floor space to retail
sales and the rest of the 870 square feet to the rental and repair of skateboards,
along with the installation of a half-pipe for customers to practice on and demo
boards.
The applicant is also proposing to charge customers a fee for the use of the half
pipe which creates a recreational use. As a recreational use is not an allowed or
permitted use in the SCI zone district, the Planning and Zoning Commission does
not have the authority to grant such a request.
Staff does not support this application, as the purpose of the SCI 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
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and have a limited office, showroom, retail, or customer reception area; and, to
permit artist's studios. " Staff does not feel this proposal complies with the
purpose of the zone district.
Staff recommends denial of the Conditional Use for Othello's Sk8 Shop at
465 N. Mill Street, Suite 5.
ApPLICANT:
Othello Clark, owner. Represented by Paula Brodin.
LOCATION:
465 N. Mill Street, Suite 5
ZONING:
Service CommerciallIndustrial. (SCI)
CURRENT LAND USE:
Vacant.
PROPOSED LAND USE:
Repair, retail sales and rental of skateboards and related equipment.
PREVIOUS ACTION:
The Planning and Zoning Commission has not previously considered this
application.
REVIEW PROCEDURE:
Conditional Use_ With a recommendation from the Planning Director, the
Commission may approve, approve with conditions, or deny a conditional use
application at a public hearing.
BACKGROUND:
The SCI Zone District provision nnderwent a re-write in 1999 to maintain the
district for limited commercial and industrial uses. The SCI Zone District
provisions are attached.
STAFF COMMENTS:
Review criteria and staff findings have been included as Exhibit "A." SCI Zone
District provisions are attached as Exhibit "B." The application is attached as
Exhibit "C."
RECOMMENDATION:
Staff recommends the Planning and Zoning Commission deny the Conditional
Use for Othello's. If the Planning and Zoning Commission chooses to approve
the application staff recommends the following conditions:
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I. That the use of the half pipe for a fee not be permitted nntil such time, and if, there is
a code amendment to allow for a recreational use in the SCI zone district.
2. The applicant shall make the necessary alternations to ensure the half pipe area is
sonndproofed and the noise does not cause a nuisance to the neighboring tenants.
3. Prior to issuance of a business license, the applicant shall demonstrate to the
satisfaction ofthe Housing Office that the proposed use does not generate more
employees than the previous businesses.
4. Any expansion or other significant change in the operation of this use will be subject
to all applicable requirements of the Mnnicipal Code which may include conditional
use approval from the Planning and Zoning Commission.
5. The applicant shall record this Planning and Zoning Resolution with the Pitkin Connty
Clerk and Recorder located in the Courthouse Plaza Building. There is a per page
recordation fee. In the alternative, the applicant may pay this fee to the City Clerk who
will record the resolution;
6. All material representations made by the applicant in the application and during public
meetings with the Planning and Zoning Commission shall be adhered to and considered
conditions of approval, unless otherwise amended by other conditions.
RECOMMENDED MOTION:
"I move to deny the Conditional Use for Othello's Sk8 Shop at 465 N. Mill Street,
Suite 5."
ALTERNATIVE MOTION:
"I move to approve the Conditional use for Othello's Sk8 Shop at 465 N. Mill
Street, Suite 5, with the conditions outlined in the Staff memo dated July 6, 1999
ATTACHMENTS:
Exhibit A -- Review Criteria and Staff Findings
Exhibit B -- SCI Zoning Ordinance
Exhibit C -- Application
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EXHIBIT A
STAFF COMMENTS
Section 26.425.040, Standards Applicable to all Conditional Uses
(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.
Staff Finding:
The SCI zone district standards and uses were revised in 1999 in an effort to return the
zone district to its intended purpose of being oriented toward the manufacturing, repair,
storage and servicing of consumer goods. Further, nnder the purpose of the SCI zone
district, it states that uses in that zone district should not "require or generate high
customer traffic volumes." The nature of the business requires high customer traffic
volumes to be successful. Also, staff does not feel the proposal for Othello's Sk8 Shop is
consistent with the intent of the zone district or the standards of the AACP.
(B) The conditional use is. consistent alld 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.
Staff Finding:
Staff feels that although there are similar land uses in the area, these uses are legal non-
conformities which were eliminated as permitted and/or conditional uses during the last
revision of the SCI zone district.
(C) The location, size, design and operating characteristics of the
proposed conditional use minimizes adverse effects, including
visual impacts, impacts on pedestrian and vehicular
circulation, parking, trash, service delivery, noise, vibrations
and odor on surrounding properties.
Staff Finding:
The location at 465 N. Mill Street is currently nnder parked for the existing businesses,
although the clientele for Othello's Sk8 Shop will probably not heavily impact vehicular
impacts. Staff believes there will be increased pedestrian impacts, but the visual impacts,
parking, trash, service delivery and odor will be no more significant than any other
business. The noise and vibration should be alleviated by the installation of sonnd
proofing for the half pipe.
(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,
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emergency medical services, hospital and medical services,
drainage systems, and schools.
Staff Finding:
There are adequate facilities to serve the proposed use. The are sufficient roads, public
utilities, site improvements, emergency services, and fire protection systems for this use.
(E) The applicant commits to supply affordable housing to meet
the incremental need for increased employees generated by the
conditional use.
Staff Finding:
As part of the condition of approvals, the applicant must provide employee
generation numbers to the Housing Authority.
(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 title.
Staff Finding:
Staff does not believe this proposed use is consistent with the AACP or the requirements
of this title. The 2000 AACP Action Plan sought to increase SCI areas in the City of
Aspen and allowing a use that does not fit the intended purpose of the zone district
effectively decreases the availability of space for more appropriate uses.
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ORDINANCE NO.2
(SERIES OF 1999)
AN ORDINANCE OF THE CITY COUNCIL, OF THE CITY OF ASPEN, COLORADO,
TO AMEND SECTION 26.28.160, THE SERVICE/COMMERCIALIINDUSTRIAL
(S/C/I) ZONE DISTRICT, AND SECTION 26.04.100, DEFINITIONS, OF THE ASPEN
MUNICIPAL CODE
WHEREAS, the Planning and Zoning Commission expressed concerns about current and
potential future land uses in the Service/Commercial/Industrial (S/C/I) Zone District which may
be in conflict with the spirit and intent of the zone district; and,
WHEREAS, the Community Development Department (staff) realized there could.
potentially be several business and land owners affected by enforcement measures and suggested
a thorough review of the S/C/I Zone District by the Commission be done first to allow City
Council the opportunity to confirm or amend the zoning before considering the most appropriate
enforcement procedures; and,
WHEREAS, the Planning and Zoning Commission initiated an amendment to the text of
Title 26 of the Municipal Code, pursuant to Section 26.92, and staff brought forward to the
Commission an analysis of the S/CII Zone district and suggested modifications to said zoning;
and,
WHEREAS, pursuant to Section 26.92, applications to amend the text of Title 26 of the
Municipal Code shall be reviewed and approved, approved with conditions, or denied by the City
Council at a public hearing after recommendations from the Planning Director and the Planning
and Zoning Commission are considered; and,
WHEREAS, the Planning and Zoning Commission held a work session on the topic
October 21, 1997, opened a duly noticed public hearing on November 18, 1997, continued to
January 6,1998, continued to January 20,1998, continued to Febmary 17, 1998, continued to
March 10, 1998, and then continued to March 31, 1998, to consider the existing zoning
requirements for the S/CII Zone District along with the recommended amendments brought
forward by staff; and,
WHEREAS, the Planning and Zoning Commission, during the public hearing,
considered the overall importance of the S/CII Zone District's function within a traditional town
setting and within the entire inventory of zoning classifications in Aspen, considered actual land
uses within the zone district, evaluated the intent of the zone district through the "purpose"
statement, amended said "purpose" statement to clarify and reflect the goals of the zone district,
evaluated the permitted and conditional uses and dimensional requirements of the zone district,
amended said uses and dimensional requirements of the zone district to support the "purpose"
statement, and finally reviewed the proposed S/CII Zone District amendments in summation
before making a recommendation to the Council; and,
Ordinance No.2, Series 1999
Page I
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WHEREAS, during a public hearing at a meeting on March 31, 1998, the Planning and
Zoning Commission recommended, by a 4 to 2 vote, that City Council approve the amendments
to the Service/CommerciallIndustrial Zone District, as described in Aspen Planning and Zoning
Commission Resolution #98-26; and,
WHEREAS, City Council reviewed and considered the recommendations of the
Community Development Director and the Planning and Zoning Commission during a work
session with planning staff and the Planning and Zoning Commission and provided staff with' a
request to include new and amended definitions in the Ordinance; and,
WHEREAS, during a duly noticed public hearing at a regularly scheduled meeting on
October 6, 1998, the Planning and Zoning Commission took and considered public testimony
and recommended, by a 7 to 0 vote, that City Council approve the amendments to Definitions,
Section 26.04.100, as described in Aspen Planning and Zoning Commission Resolution #98-28;
and,
WHEREAS, the City Council fmds that the amendments to the Service/Commercial/
Industrial (S/CII) Zone District and to the Definitions section, as described herein, meet or exceed
all applicable standards and that the approval is consistent with the goals and elements of the Aspen
Area Community Plan; and,
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the
promotion of public health, safety, and welfare_.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO, THAT:
Section 1:
Section 26.28.160 of the Aspen Municipal Code, which section defines, authorizes, and regulates
uses within the Service/CommerciallIndustrial (S/CII) Zone District, is hereby amended to read as
follows:
26.28.160 Service/CommerciallIndustrial (S/CII).
A. Purpose. The purpose of the Service/Commercial/Industrial (S/C/I) 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.
Ordinance No.2, Series 1999
Page 2
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B. Permitted uses. The following uses are permitted as of right in the
Service/Commercial/Industrial (S/C/I) 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. 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
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 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 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.
19. Other similar uses considered appropriate as a permitted use by the Community
Development Director, pursuant to Section 26.112 Interpretations, as amended.
20. Any use established prior to adoption of Ordinance 2, Series 1999, subject to the non-
conforming use provisions of Section 26.104, as amended_
C. Conditional Uses. The following uses are permitted as conditional uses in the
Service/Commercial! Industrial (S/CII) zone district, subject to the standards and procedures
established in Chapter 26.60. Except as noted below, each of the conditional uses may have, in
combination, no more than 25% of its floor area devoted to retail sales, office, showroom, or
customer reception unless otherwise approved by the Commission.
1. Gas station.
2. Automobile and motorcycle sales, rental, or washing facility.
3. Sales and rental of consumer goods such as household appliances, electronic equipment,
furniture, clothing, or sporting goods.
Ordinance No.2, Series 1999
Page 3
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4. Con~ignment retail establishment for the second-hand sale, of consumer goods such as
household appliances, electronic equipment, furniture, clothing, or sporting goods with
up to 100% of the floor area devoted to showroom, retail, or customer reception area.
5. Catalogue sales store_
6. Photo processing laboratory with no showroom, retail, or customer reception area.
7. Laundromat
8. Commercial dry cleaning and laundry.
9. Recycling center.
10. Veterinary clinic.
11. Animal boarding facility.
12. Tattoo parlor.
13. Brewery and brewing supply.
14. Coffee roastIng and supply.
15. A permitted or conditional use which demonstrates the need for, and appropriateness of,
having, in combination, more than 25% of the floor area devoted to retail sales, office,
showroom, or customer reception.
16. Studio, one (I) bedroom, or two (2) bedroom affordable residential dweIling unites)
accessory to a permitted or approved conditional use, meeting the current net minimum
livable square footage requirements for newly deed restricted affordable housing units (as
defined by the Aspen/Pitkin County Housing Authority), located entirely above natural or
finished grade, whichever is higher, and entirely above any non-residential use within the
stmcture, deed restricted to affordable housing guidelines for Categories 1, 2, or 3.
17. Other similar uses considered appropriate as a conditional use by the Community
Development Director, pursuant to Section 26.112 Interpretations, as amended.
D. Dimensional requirements. The following dimensional requirements shall apply
to all permitted and conditional uses in the Service/Commercial/Industrial (S/C/I) zone district_
I. Minimum lot size (square feet): 3,000
2. Minimum lot area per dwelling unit (square feet):
Studio: 625.
1 bedroom: 875.
2 bedroom: 1,125.
3. Minimum lot width (feet): No requirement.
4. Minimum front yard (feet): No requirement.
5. Minimum side yard (feet): No requirement.
6. Minimum rear yard (feet): No requirement
7. Maximum height (feet): 35.
8. Minimum distance between principle and accessory buildings (feet): No requirement.
9. Percent of open space required for building site: No requirement.
10. External floor area ratio: I: I. May be increased to 2: 1 provided additional floor area is
for affordable housing use only.
11. Internal floor area ratio: No requirement.
Ordinance No.2, Series 1999
Page 4
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E. Off-street parking requirement. The following off-street parking spaces shall be
provided for each use in the Service/Commercial/Industrial (S/CII) zone district, subject to the
provisions of Chapter 26.32.
I. Residential uses: Two (2) spaces/dwelling unit. One (I) space/dwelling unit is required if
the unit is either a studio or one-bedroom unit. Fewer spaces may be provided pursuant
to Chapter 26.60, Conditional Use Review_ .
2. All other uses: 1.5 spaces/I,OOO square feet of net leasable area unless otherwise
established through Special Review pursuant to Chapter 25_64.
Section 2:
Section 26.04.1 00 of the Aspen Municipal Code, which section contains definitions of terms used
in Chapter 26 of the Municipal Code, is hereby amended by the addition of the following terms and
their definitions:
Design Studio: A workshop primarily devoted to the design or representation of built
form, landscapes, consumer products, or graphic artS_
Consignment Retail Establishment: A retail establishment in which the operator sells
second-hand goods as a third party agent between the buyer and seller.
Animal Boarding Facility: An establishment which houses animals overnight or over an
extended period of time_
Animal Grooming Establishment: An establishment principally engaged in grooming
animals in which overnight boarding is prohibited.
Veterinary Clinic: A facility maintained by or for the use of a licensed veterinarian in
the care and treatment of animals wherein overnight care is prohibited except when
necessary for medical purposes_
RecycliI)g Center: A building or facility used for the collection and preparation of
recyclable material for efficient shipment.
Brewery: A facility for the production and packaging of alcoholic malt beverages for
distribution which does not generally receive the public or engage in retail sales.
Coffee Roasting Facility: A facility for the processing and packaging of coffee beans for
distribution which does not generally receive the public or engage in retail sales_
Commercial Kitchen: A commercial establishment producing or wholesaling prepared
food items in which retail dispensing is prohibited.
Ordinance No.2, Series 1999
Page 5
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Section 3:
Section 26.04.100 of the Aspen Municipal Code, which section contains definitions of terms used
in Chapter 26 of the Municipal Code, is hereby amended by revising the following terms and their
definitions, where the new definitions will read as follows:
Artist Studio: A fine arts workshop of a painter, sculptor, potter, weaver, carver, jeweler
photographer, or other similar art that requires artistic skill, and not generally utilitarian,
related to personal hygiene or adornment, receiving the public, or engaging in retail sales.
Section 4:
Section 26.04.100 of the Aspen Mlmicipal Code, which section contains definitions of terms used
in Chapter 26 of the Municipal Code, is hereby amended by deleting the following terms and their
definitions:
Commercial Bakery: means a bakery in which there is permitted the production and/or
wholesaling of baked goods, but where over-the-counter or other retail dispensing of
baked goods shall be prohibited_
Shop Craft Industry: means any establishment producing one-of-a-kind products which
are handmade or made with limited mechanical assistance. This includes but is not
limitedto cloth and basket weaving, pottery making, glass blowing, and ceramics.
Veterinary Clinic: means an enclosed facility within a building or portion thereof for the
care and treatment of animals, where boarding of healthy animals is prohibited and
adequate provisions are made to avoid any and all adverse impacts on the surrounding
neighborhood which might otherwise result from noise, odors, waste, and the like.
Section 5:
That the Community Development Director is directed, upon adoption of this Ordinance, to enforce
compliance with the requirements of this zoning district as follows:
a) Each land use established prior to the adoption of this Ordinance which remains or
becomes a permitted use shall be unaffected and require no land use action_
b) Each land use established prior to adoption of this Ordinance which remains or becomes
a conditional use with the passage of this Ordinance shall apply for and obtain
conditional use approval from the Planning and Zoning Commission upon expansion or
other substantial change in the nature of the use_
c) Each land use established prior to the adoption of this Ordinance which either remains
an unlawful use or is deleted as a permitted or conditional use by this, or a previous,
ordinance shall become or remain a legal non-conforming use subject to the provisions
of Section 26.104 of the Aspen Municipal Code, as amended from time to time.
Ordinance No.2, SerieS 1999
Page 6
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d) Design Studios are permitted but the use may not exceed 9,090 total square footage
within the SCI Zone District. Architectural Offices shall not be considered "Artist
Studios."
Attached asAttachment A of this Ordinance is a summary of the land uses in existence on
the adoption date of this Ordinance.
Section 6:
The Community Development Director is hereby directed to provide each property owner in the
S/CII Zone District with a copy ofthis Ordinance.
The Community Development Director is hereby directed to provide a yearly analysis on the
annual anniversary of the adoption of this Ordinance, of the SCI Zone District to the Planing and
Zoning Commission and the City Council as an information item for a period of three years, or as
otherwise extended by the City Council.
Section 7:
That the City Clerk is directed, upon the adoption of this Ordinance, to record a copy of this
Ordinance in the office of the Pitkin County Clerk and Recorder.
Section 8:
This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any
action or proceeding now pending under or by virtue of the ordinances repealed or amended as
herein provided, and the same shall be conducted and concluded under such prior ordinances.
Section 9:
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason
held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and shall not affect the validity of the remaining
portions thereof
Section 10:
A public hearing on the Ordinance shall be held on the 22nd day of March, 1999 at 5:00 in the City
Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a
public notice of the same shall be published in a newspaper of general circulation within the City of
Aspen.
Ordinance No_ 2, Series 1999
Page 7
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INTRODUCED, READ, AND ORDERED PUBLISHED as provided by law,
by the City Council of the City of Aspen on this 8th day of Febmary, 1999.
Attest:
FINALLY, adopted, passed and approved this 42..- day Of~ ~99.
Attest:
Bennett, Mayor
Approved as to form:
, ~//LZi:o
CitfAttorney
Attachment A - Summary of land uses on adoption date.
Ordinance No_ 2, Series 1999
Page 8
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OTHELLO SK8 SHOP
AUGUST 2, 2001
TO STEVE CLAY AND THE CITY OF ASPEN, PLANNING AND ZONING.
PLEASE SEND ALL CORRESPONDENCE TO:
OTHELLO SK8 SHOP
C/O P.O. BOX 12380
ASPEN, COLORADO 81612
W~ ARE NOT IN THE NEW SPACE. SO ALL CORRESPONDENCE THAT IS TO BE SENT TO!
lI,~' v(fWILL NOT GET.
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CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
LAN. 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 Sunnnary of Your Application Process
7. Public Hearing Notice Requirements Sunnnary
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
appliGations 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 com., plete review of the
. ... . ,..-.. ...... ........,-..
Aspen Land Use Regulations. While this application package attempts to sunnnarize 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.
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L.~ND USEAPPLlCATIO{"\
PROJECT:
Name:
Location: 465 NORTH MILL STREET ASPEN COLORADO 81611
(Indicate street address, lot & block number, legal description where appropriate)
su~ e
ApPLICANT:
Name:
Address:
Phone #:
OTHELLO CLARK
REPRESENTATIVE:
Name:
Address:
Phone #:
PAULA BRODIN
,
SkV,E
(970) 618-1050
TYPE OF ApPLICATION: (please check aU that apply):
IH Conditional Use D Conceptual PUD D Conceptual Historic Devt.
0 Special Review D Final PUD (& PUD Amendment) D Final Historic Development
0 Design Review Appeal D Conceptual SPA D Minor Historic Devt.
0 GMQS Allotment D Final SPA (& SPA Amendment) D Historic Demolition
0 GMQS Exemption D Subdivision D Historic Designation
0 ESA - 8040 Greenline, Stream D Subdivision Exemption (includes D Small Lodge Conversion/
Margin, Hallam Lake Bluff, condominiumization) Expansion
Mountain View Plane
0 Lot Split D Temporary Use D Other:
0 Lot Line Adjustment D Text/Map Amendment
EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.)
I
PROPOSAL: (description of proposed buildings, uses, modifications, etc.)
I
Have you attached the following? '
mre-APPIication Conference Snnunary
ttachment #1, Signed Fee Agreement
esponse to Attachment #2, Dimensional Requirements Form
esponse to Attachment #3, Minimum Submission Contents
~ Response to Attachment #4, Specific Submission Contents
il!lJ7Response to Attachment #5, Review Standards for Your Application
FEES DUE: $ ~ I2!!L
130 South Galena Street
Aspen Colorado 81611
(970) 920-5029 E-MAIL:
n 2001 C()mbined Sales TaPjnd
Business License Applicariol1
and Business Occupation Tax Return
Please Type or Print Clearly
larrytiQ".ci .aspen.co, uS
, City 'of Aspen
Sales Tax Administrator
Name of Business ~D.I\f~:) SKB S~)
Address:
';;0. 'Cn)( I-jq 12.
J.\'i\~<>;V\ ('.0 ~ 1\.11.. " .
Address To WhIch You Would L1ke Licenses Maded:
1Same as Sales Tax Address
Same as Location Address
_Other:
Location Address: 14(0') 1'-.1- ~i\\ )2,T.
-Phone No. of Business: ('110) q4~- fi7fJ7
_ (Sales T;~ontact ~ llo R r j';;>V k.
E-mail Address~I:;K5?(.)A;C.L.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 Exempt Number:
Frequency of Filing Aspen Sales Tax Returns: X Monthly _ Quarterly _ Annual _ Other (Describe)
If more than 5600 in laxah/e sales per month, you must file monlh~v.
Will you also be collecting the Aspen 1% Lodging Tax on Short Term Rentals of Lodging" _Yes
Nature of Business/Products Sold: SK"*f/~..l'-yL,,, ~. -.. ~ij,~\
/ No
_ Type of Ownership: (check one)
_Sole Proprietorship _Pannership _Corporation LLC _Other
- If you have a physical location in Aspen_ Name of Trash Hauler:~r 1 (Reqt/Jred) 0
Trash Conlainers Aiust Be Wildlife Reslslant
Date That Business Started In Aspen. or Date of Purchase of Business: M c.tJ l"i -"'\ ("Oil \
If Business Was Purchased_ Name of Previous Business & Owner: IV I f;.
Partners. or Managers of the Business:
\ Ie
Title ~h\f f)W(L~,,>hf'
Title
Title
c,
If RetaiL Please Estimate the Highest Monthly Taxable Retaj] Sales For Your Business $ '1\151 ntJD
Estimated Monthly Average Full Time Employees (FTE's) of your Business: 1
(Include self, oll'ners and parlners, managers. ele.)
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 - ]5 Employees,..,......, ..,........,..,....,..,........,..............$200
16 - 49 Employees......... ........,..,..,..'..,....,..... ....$400 LJ!.LO__.A()~
50 or More Employees.. ...........,..... ....,...................,........ ......,...$750
Liquor License Holders,.... ..........,..'..,....' ....,.....,........,....,....,........,......,$ -0-
Not For Profil Groups....(IRS Section 501(C) (3) Certificate Required)..,..,......,..,..,$ -0-
~. CONTINUED ON REVERSE SIDE -7
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PLEASE RETURN THIS A ICA TION ALONG WITH YOUR REMITTANCE OF THE
APPROPRIA TE BUSINESS OCCUPATION TAXES, (AS CALVCUUTED ON THE FRONT OF THIS
APPLICATION), PAYABLE TO THE CITY OF ASPEN
FOR CITY STAFF ONLY
APPROV AL
DATE
f ZONING-
, ,community Delelopmem
3" Floor of Cil) Hall
'" : .._J 920-5+11
':JltMw L:J:,uul'
ENVIRONMENTAL HEALTH-
Primaril) for Food Handling and
Hazardous Chemicals
2'" Floor of CilY Hall 920-5070
I
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/
..--.-/"
EN\lIRONMENTAL RANGER-
Approval Required for All Businesses Locmed
In Aspen - Concerning Trash Collection
2'" Floor of City Hall (Environmel1taI.Hlth,Depl)
Brian Flynn 920-60 I I or 920-5070
FIRE MARSHALL -
Located in the Fire Depl. 925-2690
FINANCE DEPT-
j"Floor of City Hall
Pay Cashier the Appropriate Business Occupation Tax
See Larry Thoreson for Issuance of License
920-5029
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ATTACHMENT 1
ASPEN/PITKlN
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.
1""\
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11
j
26.710_160
8_ Minimum distance between principal and accessory buildinzs (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: I 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 S~rvice!Commercial!lndustrial (S/CfI).
A. Purpose. The purpose of the Service/CommerciaI/Industrial (S/Cff) 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/ComrnerciaI/Industrial (s/eff) 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 facility.
7 _ Typesetting and printing.
8_ Commercial kitchen.
9. Design Studio.
10_ Artist's Studio.
II. Rehearsal orteaching studio for the creative, performing, and/or rnartial arts with no public
performances.
710-77
(AsP<'> 4JOO)
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ASPENIPITKIN COMMUNITY DEVELOPMENT
2000 LAND USE APPLICATION FEES
CATEGORY
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 Heelith
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 OTHELLO'S SK8 SHOP
(hereinafter APPLICANT) AGREE AS FOLLOWS:
1. APPLICANT has submitted to CITY an application for
CONDITIONAL USE PERMIT
(hereinafter, THE PROJECT).
2. APPLICANT understands and agrees iliat 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 of the proposed project, it
is not possible at this time to ascertain the full extent of the costs involved in processing the application.
APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an
initial deposit and to thereafter permit additional costs to be billed to" APPLICANT on a monthly basis.
APPLICANT agrees additional costs may accrue following their hearings andlor approvals. APPLICANT agrees he
will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the
CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty
of recovering its full costs to process APPLICANT'S application.
4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete
processing or present sufficient information to the Planning Commission andlor City Council to enable the Planning
Commission andlor 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 'J, 1/7- 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.
itdo"i ~~'/1".-(
CITY OF ASPEN f,., Ol.v- r
Ie Ann Woods
ommunity Development Director
Mailing Address:
465 NORTH MILL STREET
SUITE 115
ASPEN. COLORADO 81611
g:lsu pportlformslagrpayas.doc
12/27/99
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ATTACHMENT 2
DIMENSIONAL REQUIREMENTS FORM
~oject:
VApplicant:
/JLocation:
V 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.)
v&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:
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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 insurancec(Jrnpany, 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 8 112" x II" vicinity map locating the subject parcel within the City of Aspen.
5. 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.)
6. 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 a written explanation of how a proposed
development complies with the review standards relevant to the development application.
,,,-.,,
ATTACHMENT 113
2.
3.
4.
5 .
6.
7 .
(")
OTHELLO'S SK8 SHOP
OTHELLO CLARK
465 NORTH MILL STREET
SUITE 115
ASPEN, COLORADO 81611
(970) 948 5752
PAULA BRODIN, REPRESENTATIVE
P.O. BOX 12380
ASPEN, COLORADO 81612 (970) 618-1050
465 NORTH MILL STREET
SUITE 115
ASPEN, COLORADO 81611
NOT APPLICABLE
SEE ATTACHED MAP
NOT APPLICABLE
NOT APPLICABLE
Sfu~E AS IN LETTER APPLYING FOR TEMPO~~RY USE
PERMIT, SEE ATTACHED.
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ATTACHMENT 1'3
THE SHOP IS APPROXIMATELEY 870 SQUARE FEET IN FLOOR SPACE. MEASURING
ROUGHLY 49' BY 17'-6". THE MAIN USE OF MY SHOPWILLBE;RENTAJ:, AND
REPAIR OF SKATEBOARDS FOR THE NEIGHBORING SKATEBOARD PARK. IN'ADDITON
TO THE SKATEBOARDS THEMSELVES. I WILL BE ALSO 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 RE:tiT,\:LS. 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 Sill1MER.
AND MY SHOP WILL BE IN SUCH CLOSE PROXIMITY THAT RIDERS CAN SIMPLY WALK
OVER. AS MANY OF YOU KNOW. I ALSO HAVE MY OWN CLOTHING LINE AND WILL BE
SELLING TEE SHIRTS. HATS AND VISORS AS PROMOTIONAL ITEMS FOR MY SHOP
WITH 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 CONSTRUCTED ON THE BACK WALL 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 TOWNwaO RENT MY
EUQIPMENT MAY WANT A FEW PRACTICE.RUNS TO GET CO~FORTABJ:,E WITH THE
RENTED EQUIPMENT BEFORE TESTING THEMSELVES ON THE 10' BOWL. THE RAMP
WILL ALSO ALLOW PEOPLE TO TRY OUT 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 FITTEIl FOR PADS ORPOR THEIR SKATEBOARDS
TO BE FIXED. A TELEVISION WILL BE MOUNTED IN THE CORNER TO PLAY
SKATEBOARDS VIDEOS. THAT WILL BE BOTH FOR MY ENJOUYMENT AS WELL AS TO
INSPIRE SKATEBOARD RIDERS TO LEARN NEW TRICKS.
THANK YOU,
OTHELLO CLARK
I
..~1/2 """"'"'
': ./'8 in miles
~~...
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. " !
(Highlighted
area is enlarged
on inset above.)
WhireRiVBr
NiluOftal
FO(f1$(
:J.
:Sf
!!if
ATTACHMENT 113
Q
b~ shown Qr named on map
Not a/l roads may 'd Some rOllds may be
or listed in strut gut e, ,ur ~mtrUction,
private, proposed. or un
MQIlSby ChlcDgoCartoGraphlcB
BL BrownLn
CWCottonwoodln
CC CowenhovenCt
HR HafoldRossCt
KWKathrynsWav
LS LukeShartCt
Me MayflowarCt
MD MlltchlassDr
MT Miners Trail Rd
RR RobinsonRd
we Wllllams Ranch Ct
WR Williams Ranch Or
&I CD \""
~~<< ,
' ~\ L.. '-'
,
Ta Twin lakes via
Independenca Pass
Iclased in wintar)
~
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ATTACHEMNT 4
Specific Submission Contents
Conditional Use Review
A Conditional Use Application shall contain the following items:
I. A sketch plan of the site showing existing and proposed features which are relevant
to the review of the conditional use application.
2. If the application involves development of a new stmcture or expansion or exterior
remodeling of an existing stmcture, proposed elevations of the stmcture.
3_ Written response to the review standards (attachment 5).
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_
2. A listing of all previous development approvals granted to the property, with the
approximate dates of said approvals.
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.
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DESCRIPTION OF SPACE
ATTACHMENT #4 Article 1
Total square feet approximately 882
Front of space before door separation is approximately 169 square feet
Front space is service space, rental of equipment and accessories.
'Rear space is half pipe, fully soundproofed so as to have ABSOLUTELY NO NOISE
to disturb other tenants. this space is a service and test a~ea.
Half pipe is for demonstration of new equipment, and for beginning skateboarders
to tryout equipment before going to tbe skateboard park. there will be a sofa
Total retail square footage is approximately 169 square feet.
Total square footage is 882, skateboard and test area is rental and service also.
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ATTACHMENT #4
ATTACHMENT I/S F
THE SHOP IS APPROXIMATELEY 870 SQUARE FEET IN FLOOR SPACE, MEASURING
ROUGHLY 49' BY 17'-6". THE MAIN USE OF MY SHOP WILL BE RENTAL AND
REPAIR OF SKATEBOARDS FOR THE NEIGHBORING SKATEBOARD PARK. IN ADDITON
TO THE SKATEBOARDS THEMSELVES, I WILL BE ALSO 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 RIDERS CAN SIMPLY WALK
OVER. AS MANY OF YOU KNOW, I ALSO HAVE MY OWN CLOTHING LINE AND WILL BE
SELLING TEE SHIRTS, HATS AND VISORS AS PROMOTIONAL ITEMS FOR MY SHOP
WITH 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 CONSTRUCTED ON THE BACK WALL 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
EUQIPMENT 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 TRY OUT 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 CORNER TO PLAY
SKATEBOARDS VIDEOS. THAT WILL BE BOTH FOR MY ENJOUYMENT AS WELL AS TO
INSPIRE SKATEBOARD RIDERS TO LEARN NEW TRICKS.
THANK YOU,
OTHELLO CLARK
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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
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.
A
A
ATTACHMENT #5
IN RESPONSE TO THE REQUESTS ON ATTACHMENT #5, REVIEW STANDARDS:
A. THE SPACE IS EMPTY. IT IS A LOWER LEVEL SPACE WITH CONCRETE FLOORS A
HALLWAY ON ONE SIDE, THE SPACE IS BEING SOUNDF'ROOFED.
B. THE SURROUNDING SPACES CONSIST OF BICYCLE RENTAL AND ACCESSORIES
SHOP, THE SPACE I S 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 COMPLIES AS THERE ARE SPORTING GOODS AND RENTAL
SHOPS IN THAT BUILDING.
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ATTACHMENT #4
ATTACHMENT 115 F
THE SHOP IS APPROXIMATELEY 870 SQUARE FEET IN FLOOR SPACE, MEASURING
ROUGHLY 49' BY 17'-6". THE MAIN USE OF MY SHOP WILL BE RENTAL AND
REPAIR OF SKATEBOARDS FOR THE NEIGHBORING SKATEBOARD PARK. IN ADDITON
TO THE SKATEBOARDS THEMSELVES, I WILL BE ALSO 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 RIDERS CAN SIMPLY WALK
OVER. AS MANY OF YOU KNOW. I ALSO HAVE MY OWN CLOTHING LINE AND WILL BE
SELLING TEE SHIRTS, HATS AND VISORS AS PROMOTIONAL ITEMS FOR MY SHOP
WITH 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 CONSTRUCTED ON THE BACK WALL 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
EUQIPMENT 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 TRY OUT 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 CORNER TO PLAy
SKATEBOARDS VIDEOS. THAT WILL BE BOTH FOR MY ENJOUYMENT AS WELL AS TO
INSPIRE SKATEBOARD RIDERS TO LEARN NEW TRICKS.
THANK YOU,
OTHELLO CLARK
f""'\
1""\
Attachment 6
One Step Commission or Council Development Review Procedure
I. Attend pre-application conference. During this one-on-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.
t"""\
f'""\
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 staffhas determined that your application is eligible for the requested
amendment or exemption.
6_ Receipt of Building Permit. Once you have received final 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.
I stepsumm
. .
f"""',
A
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 I, which is attached to this summary.
Following is a summary of the notice requirements, including identification of who is responsible for completing
the notice.
I. 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 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 govemment 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 of the 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 applications only also require notice by registered mail to all surface owners, mineral owners
and lessees of mineral owners 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.
, "
f";
t")
"
TABLE 1
SUMMARY OF PUBLIC HEARING NOTICE PROCEDURES
/ ,
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-I
Council - 1
HISTORIC 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
POD - CONCEPTUAL Y Council' 1,2,3
POD - FINAL (and POD 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 - 1
TEMPORARY USES Y Council4 1,2,3
VESTED PROPERTY RIGHTS Y Council3 1,2,3
I Numbers refer to the following: 1 = 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.
'"
CLARK OTHELLO R
OTHELLO'S SK8 SHOP
PO BOX 4912
ASPEN CO 81612
... DETACH HERE ...
IMPORT ANT NOTICE
from the
Colora,do Department of Revenue
Please VERIFY that all information on your new sales tax license is correct.
If your mailing address is incorrect or if you discontinue making sales from this location, notify the Department of
Revenue by calling (303) 232-2416 or by writing to:
Colorado Department of Revenue
Denver CO 80261 -00 13
Preprinted reporting forms with your Colorado Account Number and other information will be mailed within six
weeks to the address shown on your license, You may experience costly delays if materials are returned by the
Postal Service to the Department of Revenue because they could not be delivered_
Tax reporting and payment of fees and taxes due are your responsibility, whether or not you receive your returns
before the filing deadline. In order to avoid late penalties and interest, when you mail your return with your remittance.
the envelope must be POSTMARKED on or before the. due date. Multiple Event License holders must file only for those
months during which they attended an event.
This license is to be used only for purchasing items tax free for resale. If no tax is remitted on this account for twelve
consecutive months, the account will be closed, except for wholesale accounts.
If you have any other questions, please contact the '-I axpayer Service DiviSion, (303) 232-2416.
NEW BUSINESS ASSISTANCE SERVICE CENTER
1625 Broadway. Suite 805
Denver CO 80202
GRAND JUNCTION SERVICE CENTER
222 S. Sixth Street. Room 208
Grand Junction CO 8150 1
COLORADO SPRINGS REGIONAL SERVICE CENTER
3650 Austin 81uffs Parkway. Suite 188
Colorado Springs CO 80918
PUEBLO SERVICE CENTER
310 E. Abriendo Avenue. Suite A4
Pueblo CO 81 004
FORT COLLINS REGIONAL SERVICE CENTER
300 E, Foothills Parkway
FortCollins CO 80525
~
,
r)
County of Pitkin }
}
State of Colorado }
ss.
AFFIDAVIT OF NOTICE PURSUANT
TO ASPEN LAND USE REGULATIONS
SECTION 26.304.060(E)
I,
() 1\ e \\0 c\f\R\C
.
, 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
onthe attached list, on the,," If\' day of H-\J'" \\ S\ , 200Dj (which is23 days prior to the public
hearing date of \ Cl \ ';\\01 ). I
, \
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 theQ..d,day
Of-\\\)",\ \J~ , 200ill, to the \ ~ day of C\ J,,(\IG~ ,2000 \. (Must be posted for at least
ten (10) full days before the hearing date). A photograph ofthe posted sign is attached hereto.
._-----~-----'
Signatur
WITNESS MY HA1'lD Ai"fD OFFICIAL SEAL
, ,J ~ 1(. "'._
My Commission expires: D ci.C:Y'ii'ri('1 ~h'1~\ '.
~ ,~\", F!c/'.1.j) ,
. ": ~0'~ .
\fJ/I;tI(l\'- ,i
".>~>~:."....J- , .>:~>-
J, -'('I::;'" ," ,.
,.' I
Notary Public
'" t,,,'
ASPEN CENTER FOR
~VIRONMENTAL STUDIES
o PUPPY SMITH ST
:<\.SPEN, CO 81611
f"), .' ,. (')
.,A'SPEN CONSOLIDATED sJi:&1T A TION /BEYER ALAN R
565NMILLST 410NMILLSTB-ll
ASPEN, CO 81611 ASPEN, CO 81611
fftiTY OF ASPEN
130 S GALENA ST
ASPEN, CO 81611
/FULLER VICTORIA B
1949 W WABANSIA
CHICAGO, IL 60622
,)3ARWOOD JANET
PLETTS SARAH A AS IT TENANT
PO BOX 3889
ASPEN, CO 81612
,fOROWITZ JAMES M
110 E HALLAM SUITE 104
ASPEN, CO 81611
MARTIN MICHAEL S
4150 IRVING PL
CULVER CITY, CA
fl'IILL STREET MILAGRO
CORPORATION
A COLORADO CORPORATION
414 N MILL ST
ASPEN, CO 81611
,MILL STREET VENTURE LLC
PO BOX 1112
CRESTED BUTTE, CO 81224
PEMBER WILLIS
PO BOX 8073
ASPEN, CO 81612
..iITKIN COUNTY
530 E MAIN ST STE 302
ASPEN, CO 81611
.fUPPY SMITH LLC
205 S MILL ST SUITE 30lA
ASPEN, CO 81611
/ REIDSCROFT PARTNERSHIP
PO BOX 10443
ASPEN, CO 81612
JkOARING FORI( VENTURES LLC
557 N MILL ST
ASPEN, CO 81611
fEAGUE HENRY B
412 N MILL ST
ASPEN, CO 81611
is POSTAL SERVICE
WESTERN REGION
SAN BRUNO, CA 94099
1"""'\
}
(')
PUBLIC NOTICE
RE: OTHELO'S SK8 SHOP CONDITIONAL USE REVIEW FOR SALES AND
RENTAL OF SPORTING GOODS AND TO ALLOW FOR MORE THAN 25% OF
FLOOR AREA TO BE DEVOTED TO RETAIL, OFFICE, SHOWROOM, OR
CUSTOMER RECEPTION IN THE S/CII ZONE DISTRICT
NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, October 2, 2001, at
a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities
Meeting Room, 130 S_ Galena St., Aspen, to consider an application submitted by Othelo Clark
requesting approval for a Conditional Use in the Service/Commercial!Industrial (S/C/I) Zone
District to allow for sales and rental of sporting goods and to allow for more than 25% of his floor
area to be devoted to retail, office, showroom, or customer reception. The subject property is
located at 465 N. Mill Street, Ste_ #5. For further information contact Sarah Oates at the
Aspen/Pitkin Community Development Department, 130 S. Galena St., Aspen, CO (970) 920-
5441, saraho@ci.aspen.co.us.
s/Jasmine Tygre, Chair
Aspen Planning and Zoning Commission
City of Aspen Account
Published in the Aspen Times on September 15, 2001
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H** u.s. POSTAL SERVICE ****
ASPEN MAIN 8:[611'''9998
070432 47~00
l.jAIII< G. # 01
08""31-'01 13:39::21
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CUSTOMER RECEIPT
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109 POST ~IAL IMP 39.40
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109 POST VAL IMP 27.58
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AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
-p' ,~Wn~W euT
,200
ADDRESS OF PROPERTY:
SCHEDULED PUBLIC HEARING DATE:
STATE OF COLORADO )
) SS.
County of Pitkin )
I,' ~ \MQ S L'\A l1}j- (name, please print)
being or representing an Applicant to the City of Aspen, Colorado, hereby personally
certify that I have complied with the public notice requirements of Section 26.304.060
(E) of the Aspen Land Use Code in the following manner:
X Publication of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fifteen (15)
days prior to the public hearing. A copy of the publication is attached hereto.
,
_ Posting of notice: By posting of notice, which form was obtained from the
Comrimnity Development Department, which was made of suitable,
waterproof materials, which was not less than twenty-two (22) inches wide
and twenty-six (26) inches high, and which was composed of letters not
" ' less than one inch in height. Said notice was posted at least ten (IO) days
prior to the public hearing and was continuously visible from the _ day of
,200_, to and including the date and time of the public
hearing. A photograph of the posted notice (sign) is attached hereto.
_ Mailing of notice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
26.304.060(E)(2) of the Aspen Land Use Code. At least ten (10) days prior to the
public hearing, notice was hand delivered or mailed by first class, postage prepaid
U.S. mail to all owners of property within three hundred (300) feet ofthe property
subject to the development application, and, at least fifteen (15) days prior to the
public hearing, notice was hand delivered or mailed by first class postage prepaid
U.S. mail to any federal agency, state, county, municipal government, school,
service district or other governmental or quasi-governmental agency that owns
property within three hundred (300) feet of the property subject to the
development application. The names and addresses of property owners shall be
those on the current tax records of Pitkin County as they appeared no more than
sixty (60) days prior to the date of the public hearing. A copy of the owners and
governmental agencies so noticed is attached hereto.
(continued on next page)
~
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Rezoning or text amendment. Whenever the official zoning district map is in
any way to be changed or amended incidental to or as part of a general revision
ofthis Title, or whenever the text of this Title is to be amended, whether such
revision be made by repeal of this Title and enactment of a new land use
regulation, or otherwise, the requirement of an accurate survey map or other
sufficient legal description of, and the notice to and listing of names and
addresses of owners of real property in the area of the proposed change shall
be waived. HOWever, the proposed zoning map has been available for public
inspection in the planning agency during all business hours for fifteen (15) days
prior to the public hearing on such amendments.
~AMACA ~ ~~~
S' ature
The foregoing "Affidavit of Notice" was acknowledged before me this _ day
of , 200__, by
.~"",H:~;.:; ,.;tii)C1i6tr<i~~":,:,,:,:,::,'?Z~:
. RE, CITY OF' ASPEN'o:NlitlS'!:"COO Ml-, WITNESS MY HAND AND OFFICIAL SEAL
MENT TO ClrANOE'1'lfE NA NLE
HdM~PA~~O~E..Dl$J'I~L~"~~~ .JfV~
slTVRESIDENTIAL ----. ". _.. . M . .
NOTIColS AEREBY GlVENtnat a pub,,, h"nng y CommIssIon expires:
Wtll'bii'held:6n Odobe(9,:.2'&jf"at,a~tfng.to
l5egj~'~at'S:~q,tM.,,~ef4~theAspe~~tyt,l?j.!l1cil,
C01JrlciTChatllbe~_M'eetlng,~oo_J1l' CI~_H~~I39 ."
.S(mtlj-9'~I~lia,,~pen~:fo:co&l~~~.all apl?li,l7,~fi~n,
>'subinltte<J by, tl1~ :$lllu,~ler~~rJc. fI?IEe:oydi(lt,s"'-
~~'lflUol'1':' l"etl~~tIIl~,a~'pro}ell9~~'~rop~~d Notary Public
5; CodeAll)eJ}cfmen~t?,S,e~tl?!l~, ,2.9.I~~)O~,.,
[)eflnltfdfis; "S'ed)op. .f,fP20,.1l~,~,:,,~~$tlpn,.
~ :26.7~OJ20,~~,I.~~Qtl~~:, M.9!>~e: ..I;fS'!E,e:: }'ark }2...
e':chal1g~ th~ l1ame,?f:t~e}1Q)j.ne~~rn,e}Ja~1,~r~
[Ilstrictt?: R,;3'(Ri~hD_en~fty ~.e,s~d~llt!a!);:: _"".,
e (Qr 'furth,l~llnformatior-c.()lltc<l~t,Sarab,,"OaY~;!J a,t
the:Asp~1l JPlt~j,n.C,()m,!!l,unitr,ReYE!rcipl'rlent
; ge~r~~~l~~~~W~~lt~';'~b;uS~:.R7~:'.~?
, ",T""''''''sjJ!f;Hen -~.I,~~KI.~!?,~_emt1! M~o,i'
"..\ ... .. ..... _.?--,;,:::'. .):;;,i-_:<+:'"Aspen City COUncil
~r.:gi\$~~ Th,^,~1l,\", on~~~~t~mbe' ?', . ATTACHMENTS:
COpy OF THE ptJ1JaCATION
PHOTOGRAPH OF THE POSTED NOTICE (SIGN)
LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED
BY MAIL
~
Regular Meeting
Aspen City CCluncil
July 23. 2001
Councilman Hershey moved to approve Resolution #74, Series of 2001;
seconded by Councilman Semrau. All in favor, motion carried.
RESOLUTION #77. SERIES O}'2001-Temporary use Othello SK8
Shop
Councilman McCabe stated his business is below this l.l~eaHclisimpacted.
Councilman McCabe said he would like to participate in the discussion but
will recuse himself from voting.
Joyce Ohlson, community development department, told Council this is
located in the slc/r zone and is sharing a space with Use is Again Sports.
Ms. Ohlson explained the applicant applied for a business license several
months ago and when it was reviewed by staff, they suggested the
applicant apply for a conditional use approval. There are 3 parts to this
business; one is rental and repair of skateboards; the second is commercial
recreational use; and the 3rd which was nighttime entertainment has been
withdrawn. Ms. Ohlson said the first use is ill compliance with the SICII.
The zone allows 25 % of the shop to be devoted' to retail; this proposal is
about 20 % retail.
The commercial recreational use is a half pipe for use in the store. Staff
does not feel this use is in keeping with intent of the SICII. If Council
does want to approve this, the commercial recreational use,.~h()ulcl. only be
approve from 4 p.m. to 7 p.m. Monday through Friday and 10 a.m. to 7
p.m. Saturday and Sunday due to the impacts on the adjoining properties
and the impacts on the residences in the area.
Othello Clark, application, told Council the skateboard ramp does make
noise and he agrees not to start before 4 p.m. The commercial fees go
toward maintaining the half pipe; it is for people to tryout their
skateboards.
Mayor Klanderud opened the public hearing.
Tim Fortier, shop owner next door, noted there is less than 6 weeks left
for this use. Fortier suggested Council look into leasing the top floor of
13
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Regular Meeting
~
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Aspen City Council
July 23. 2001
the Youth Center foran ind09rhalfpipe. Skip, told Council his kids use
this facility. Skip said the skateboard park is the best thing and he
acknowledged the city for constructing this; however, when it rains kids go
to the SK8 shop.
Tom McCabe, Aspen Repair Service, told Council the amount of noise
from the half pipe makes it impossible to hear in shops below. McCabe
said he would agree to the hour restriction and this sublease is only good
until September 15th. Toni Kronberg supports the use at this site. Ms.
Kronberg noted there is not entertainment for kids at night. This shop
provides something for kids to do. Ms. Kronberg urged Council to think
about the next step for providing an opportunity for kids at night. Regan
Ritchie said Othello's shop provides a safe place for beginner
skateboarders to practice.
Mayor Klanderud closed the pubic hearing.
Mayor Klanderud said she is. concerned about the safety of this operation.
John Worcester, city attorney, said it is not the city's job to regulate
private businesses in terms, of. safety. Councilman Hershey said this use is
only for 6 weeks. Councilman Hershey said he likes this use.
Councilman Hershey moved to approve Resolution #77, Series of 2001,
approving the retail use and the c()mmercill.l recr~ation"us~dllringthe hours
of 4 to 7 p.m. Monday through Friday and 10 a.m. to 7 p.m. on weekends
only; seconded by Councilman Semrau. All in favor, motion carried.
RESOLUTION #155. SERIES OF 2000 - 303 South Cleveland
J ohn Worcester, city attorney, suggested Council table this until the end of
the meeting in order to negotiate with the applicant. '
Councilman Hershey moved to table this to the end of the meeting;
seconded by Councilman Paulson. All in favor, motion carried.
REQUEST FOR FUNDS - Roaring Fork Kids
14