HomeMy WebLinkAboutcoa.lu.tu.Caribou Alley.A01303
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CASE NUMBER
PARCEL ill #
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
AO 13-03
2737 -073-81004
Caribou Alley 431 E. Hopkins Temporary Use Permit
431 E Hopkins Ave
Sarah Oates
Temporary Use Permit
The Brand/Harley Baldwin
same as owner
03/10/03
APPROVED
10/10/03
D DRISCOLL
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MEMORANDUM
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TO:
Mayor and Council
Sarah Oates, Zoning Officer :5 .t..=.
FROM:
THRU:
Steve Barwick, City Manager ~
Julie Ann Woods, Community Development Director
DATE:
March 10,2003
RE:
431 E. Hopkins, Caribou Alley, Temporary Use Permit
SUMMARY: The applicant, Harley Baldwin, is requesting a temporary use permit to legalize
the enclosure of Caribou Alley, which is considered required open space, for the duration of six
(6) months. The applicant will then seek a waiver from the Open space requirements from the
Historic Preservation Commission if and when the Infill Code Amendments are approved as
proposed (as it relates to historic properties and required open space).
Under Section 26.450, City Council may approve temporary uses for up to 180 days. Staffis
recommending approval of the temporary use from March 10,2003 to September 10,2003 with
conditions.
PREVIOUS COUNCIL ACTION: City Council reviewed and approved the redevelopment of
the Collins Block in 1989 which included GMQS and Subdivision approval.
BACKGROUND: The applicant was required to provide 25% open space when the Collins
Block was redeveloped. In 1994, the Historic Preservation Commission (HPC) approved a
seasonal canopy for Caribou Alley. The canopy was to be nylon and installed from Memorial
Day to October 15th of each year. Over the last several years, the canopy structure has been up
year round and doors have occasionally been attached to the front the building during busier
times of year. Staff has been working on bringing the building into compliance with the Aspen
Municipal Code and it was not until recently that Staff knew exactly what HPC had approved in
1994 (the approval was in minutes and not done via a resolution).
Currently, the code requires that open space be "open to the sky" and Caribou Alley clearly does
not meet this standard.
DISCUSSION: Both Staff and the applicant would like to bring Caribou Alley into compliance.
The applicant is seeking a solution, which will allow for a better use of the space and believes a
waiver in open space is warranted. Staff finds that, because of the difficulty in removing the roof
structure, it is acceptable to allow for a temporary use to bring the building into compliance
while the applicant explores options with the HPC.
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The applicant fully understands that the Infill Code Amendments have not been approved, that
there may be changes made to those amendments, and that approval by HPC within six (6)
months may not be possible.
RECOMMENDATION: Staff recommends approval of the requested temporary use with
conditions.
PROPOSED MOTION: "I move to approve Resolution Nod~, Series of 2003, with the
following conditions, finding the review standards have been met:
1. The applicant will apply for a waiver from the open space requirements from HPC, if
said amendments have been approved prior to September 10,2003.
2. If the amendments have not been approved, or if the application is denied, the
applicant will remove the roof and door structure from Caribou Alley, on or before
September 10,2003, to bring the building in to compliance with the open space
requirements ofthe Aspen Municipal Code, Section 26.575.030."
CITY MANAGER COMMENTS: ~ ~<;r7>.I~ ~
Notes:
Exhibits:
A - Staff Findings
~ - Letter from Applicant
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Exhibit A
26.96.030 Criteria Applicable to all Temporary Uses
When considering a development application for a temporary use, 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 Findin!::J:
The canopy is currently installed and covers therequired open space for the Collins
Block. HPC approved a similar structure for summer sea.s.onal u.se. ..Ihe c1PPfS, used
occasionally, are clear plastic and the applicant seeks to use the doors during busy times
of the year.
B. The compatibility of the proposed temporary use with the character,
density and use structures and uses in the immediate vicinity.
Staff FindinQ:
Staff has received several complCiints.regarding this structure, from the Planning and
Zoning Commission and a handful ofgitizens, who are concerned about the lack of
compliance with the open space requirements. Staff finds that since the City is re-
evaluating the open space requirement and its function, the character and use
implications may cease to be issues.
C. The impacts of the proposed use on pedestrian and vehicular traffic ~nd
traffic patterns, municipal services, noise levels, and neighborhood
character.
Staff Findin!:::J:
The canopy will not impact traffic patterns.
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 FindinQ:
The duration of the temporary use is for six (6) months. There has been no temporary
use approved for this parcel although HPC did approve a similar seasonal 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 i!';
proposed.
Staff FindinQ:
There are no changes in the surrounding land uses that would prohibit this operation.
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G. How the proposed temporary use will enhance or diminish the general
public health, safety, or welfare.
Staff FindinQ:
The temporary use will not impact the public health, safety or welfare.
~ THE BRA N D 0 L~h.,b1t B
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February 13, 2003
Ms. Sarah Oates
Zoning Officer
City of Aspen
Dear Sarah:
Over Caribou Alley is a canopy. I hope to get it approved under the
new regulations that are going thru the city. Everyone seems to
agree that "open Space" does not always work, particularly a small
north facing space in the middle of a block.
We tried trees, flowers, outside tables and a cafe. It is a space that
does not want to be a "pedestrian piazza."
As the new regulations haven't passed, I would like to ask for a
temporary permit from the City Council for six months. After that I
hope to go to HPC for approval.
The history of the space was that it was the "yard" of the old
hardware store. It was always commercial and should have never
been open space.
Thank you for your consideration.
~S~
Harley Baldwin
205 S. GALENA ASPEN, COLORADO 81611
970.920.1800 FAX 970.920.3602
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City of Aspen
Community
Development
Department
130 S. Galena St.
Aspen CO 81611
(970) 920-5090
(970) 920-5439, fax
Fax
To: Harley Baldwin From: Sarah Oates, Zoning Officer
Fax: 920-3602 Pages: 2
Phone: Date: February 14, 2003
Re: Public Notice Information cc:
..... .... ....... .......... ...,.
o Urgent
o For Review 0 Please Coml11.~nt []FtIC!a!u~ ~eply
o Please Recycle
. Comments: Attached is th.e public notice which needs. to b~ rllClileq tq f1~ighbors
within 300' of the property. Bridgette Dolan in GIS (920-5453) can provide you with
the mailing labels. Also, a public notice sign needs to be. posted and those are
available at Community Development. The sign must be up and letters mailed on or
before February 23, 2003.
Thanks for you prompt attention to this mc:ltter, Ij()pefully with can get everything
resolved. Let me know if you have any questions at 920-5441. Thanks.
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PUBLIC NOTICE
RE: TEMPORARY USE REQUEST FOR ENCLOSURE OF REQillRED OPEN
SPACE, 431 E. HOPKINS A/KJA CARIBOU ALLEY
NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, March 10,2003, at
a meeting to begin at 5:00 p.m. before the Aspen City Council, Council Chambers, 130 S. Galena
Street, to consider an application submitted by Harley Baldwin requesting approval of a temporary
use to allow for the enclosure of the required open space known as Caribou Alley for six (6)
months. The property is located at 431 E. Hopkins Avenue. The property is legally described as
Lot F, Block 88, City and Townsite of Aspen. For further information, contact Sarah Oates at the
City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO (970) 920-
5441, saraho@}ci.aspen.co.us.
S/Helen Kalin Klanderud, Mayor
Aspen City Council
Published in the Aspen Times on February 22,2003
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City of Aspen Account
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!)UBLIC' NOTICE
RE: TEMPORARY.. USE.. RE9U~~I ... 1~'(jl{EN('l..0SUBt QFRRQUTRRD OPEN
SPACE, 43.1 E. HOPKINS A/KIA CAIUUOU ALLEY
NOTTeR IS HEREU\' G1VJ!:N that a PlibTic hearing will he held on Monday, II/larch 10,2003. at
a meeting to begin at 5:00 p,m. before the A!;pen City L"Duncil, Council Chambers, ] 30 S. Gillcna
Street, to consider an application suhmitted by Harley 13aldwin requesting upprow.l of ~l t~mporary
llse to allow for the enc1o!>ure of the required open space known ,IS Caribou Alley Ihr .six (6)
months. The property is located at 431 E. Hopkins A vemle, The property is legally described as
Lot F, BJ(lCk 88, City and Townsite of Aspen. For further infonnation\ contac.t Snrah Oates fltthe
City of Aspen Community Deve'lopment Department. 130 S. Galena St.. Aspen, CO (970) 920-
544], ~0raho<mcl.aspen.co.us.
S/f!R~~KaJin Klandcrud, Mayor
Aspen City Coum:iJ
Published in the Aspen Times on February 22, 2003
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City of ^spcn ACCOlUlt
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ATTACHMENT 7
AFFIDAVIT OF PUBLIC NOTICe
REQUIRED BYSecffON'26:3~'4~06tr{El,ASPENI.ftJ.JDUSEeOOE
ADDRESS0I1PRO?~RTY:0/ &s-T-. . /4la-L;AJs
$CHEDI.l:CEDPlJ)JUC.JIE.AiuNGjjAl';E;~~# /'0 '
. Aspen, CO
,..;2D~
STATE OF COI., ()RA:D 0 )
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County of Pitkin )
I, ("/);'2 L ;',fdl 070 L:b (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) o~pen Land Use Code in the following manner:
V . Publication of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fifteen (15)
. .. ~ prior to the public heatjng. A copy of the publication is attached hereto.
V Posting of notice: By posting of notice, which form was obtained from the
Community Development Department, which was made of suitable,
waterproof materials, which wasnotlessthl3.11 twenty-two (22) inches wide
and twenty-six (26) inches high, and which was composed ofletters not
less than one inch in height. Said notice was posted at least fifteen (1 ~ days
priorto the public hearing and was continuously visible from th~&fy of
~JH2.t/ ,2003, to and including the date and time of the public
hearing. A photograph of the posted notice (sign) is attached hereto.
~iling of notic~. By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to
"thepublichearing, notice was hand delivered or rnailed by first class postage
'p~~paid U.S~~~il!()anY federal agency, state, county, municipal government,
',,<,,<< s9h~~1,~~i~~~1~t2~t()r()~eE gov~~IJ.~~I.or quasi..governmental agency that
. 'oWnspropefiy withirithree hUndred (300) feet of the property subject to the
-:;~development application. The names and addresses of property owners shall be
::::; 'fuose 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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~onjng or text amendment. Whenever the official zorung district map is in
any way to be changed or amended incidental to or as part of a general revision
of this Title, or whenever the text of this Title is to be amended, whether such
revision be made by repeal of this Title and enactment of a new land use
regulation, or otherwi$.e, the requirement of aJ? accur~te survey map or other
sufficient legal description of, and the notice to and listing of names and
addresses of owners of rea~ property in the area of the proposed change shall
bewaivecLHowevei;,. th~pro.posed zonil1gm~p has been ayailable forpublic
,v>inspeetion;in the planningagency'during alTbusinesshours fo' . een '(T3~aays
prior to the public hearing on such ameI1"dment
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The fOregOi~'Affidavit ofNotic,-r" wasac~~l~. ged ~foJe me this L day
of ,lfjAl .' 200..1, by I Jlldm ... Jtol~
WITNESS MYfIANI) ANDOFFltrAt SEAL
ATTACHMENtS:
COpy OF THEPUBLICATI0!V
PHOTOGRAPHOF THEP()"STEIJNOTIcE (SIGN)
LIST OF THE O\-VNER8ANDGOVERNMENTXLXGENCmS"N'OTlCED
BYM/lIl
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ATTACHMENT 7
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODe
ADDRESS OF PROPERTY: if3( 6, I-kp~(VJ S
SCHEDULED PUBLIC HEARING DATE: 73//0 ~-S
, Aspen, CO
,200
STATE OF COLORADO )
) ss.
County of Pitkin )
T, ~ a IA/l <C2,.=" J,- (\1"c/l-- . (name, please print)
being or representing an Appli ant 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:
~Ublicatian of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fifteen (15)
days prior to the public hearing. A copy of the publication is attached hereto.
Posting of notice: By posting of notice, which form was obtained from the
Community Development Department, which was made of suitable,
waterproof materials, which was not less than twenty-two (22) inches wide
and twenty-six (26) inches high, and which was composed ofletters not
less than one inch in height. Said notice was posted at least fifteen (15) days
prior to the public hearing and was continuously visible from the _ day of
,200_, to and including the date and time of the public
hearing. A photograph of the posted notice (sign) is attached hereto.
Mailing of notice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to
the public hearing, notice was hand delivered or mailed by first class postage
prepaid U.S. mail to 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 ofthe 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 zgning district map is in
any way to be changed or amended incidental to or as part of a general revision
of this Title, or whenever the text of this Title is to be amended, whether such
revision be made by repeal of this Title and enactment of a new land use
regulation, or otherwise, the requirement of an accurate survey map or other
sufficient legal description of, and the notice to and listing of names and
addresses of owners of real property in the area of the proposed change shall
be waived. However, the proposed zoning map 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. ..
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The f077~"Affidavit of Notice" was..ackIW1"ledged before_~ 1 day
of ~ > ,2003, by -zs-~ J-)
WITNESS MY HAND AND OFFICIAL ,SEAL
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My commission expires:
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Notary Public
B C NOTICE
SE QUEST FORl':'N"CrdSOOE-
E SPACE,43i" E:::~'91>T<lNsr
"IVE~ that a public hearing
, nday, March' 10.' t003';;1' a
~gin ,:at .5:00 p.m. belare ihe Aspen
" .,' . . Ca,!ncil Chambers, 130 S, Galena .
. Stre.et. t~ 5anside.r a!l. applicatian submitted by"
Harl~y Baldwin requesting appraval .01 a tempara-
"~ u~;~\ag.:: I,?!:".l.h!..~!'sl?iyre aUh.e required
en ,spa e .ow!' "" Carib,?u Alley lar six (6)
.e property is located a~ 431 E. Hap-
, ,The )>raperty is iegally descriqed as
'. ,..8. City and TaWhsite al'ASpeti: . .:'~"
;~~~~~:!1~!~~
'~~W;ih~d";:'TJ~:~~~.~~~~;~~~~~~:~f '.
200:1:(6113)" p .mes, an February 22,
'-~~.l,>,'~;C:...~'~;.;:rij:;,:;'>;:1i :_;l':~;~~;
ATTACHMENTS:
COpy OF THE PUBLICATION
PHOTOGRAPH OF THE POSTIJ.12ljQl](;g (SIGN)
LIST OF THE OWNERS AND GOYERNM~,NIAL A.G~.N.GI~~ ,NQ1]G~P
BYMAIL