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HomeMy WebLinkAboutcoa.lu.cu.616 W Main St.0005-04 ... City of Aspen Community Development Dept. CASE NUMBER 0005.2004.ASLU PARCEL ID# 2735-12-4-44-007 CASE NAME PARK CONDITIONAL USE FOR FRAME SHOP PROJECT ADDRESS 616 W MAIN ST PLANNER JAMES LINDT CASE DESCRIPTION CONDITIONAL USE REPRESENTATIVE JENNIFER PARK 963-3975 DATE OF FINAL ACTION 03/25/04 CITY COUNCIL ACTION PZ ACTION ADMIN ACTION BOA ACTION DATE CLOSED BY DEVELOPMENT ORDER 04/03/04 4/27/04 D DRISCOLL ,... ~ RESOLUTION NO. 11 (SERIES OF 2004) A RESOLUTION OF THE CITY OF ASPEN mSTORIC PRESERVATION COMMISSION APPROVING A PARKING WAIVER AT 616 WEST MAIN STREET, LOT N, BLOCK 24, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID#2735-124-44-008 WHEREAS, the Community Development Department received an application from Jennifer Park, requesting and a parking waiver for one required on-site parking space and a conditional use approval to operate a frame shop at 616 W. Main Street; and, WHEREAS, pursuant to Section 26.710.330(C)(1) of the Land Use Code, the Office Zone District allows for shop craft industry and furniture stores as conditional uses in historically designated structures; and, WHEREAS, 616 W. Main Street is located in the Office Zone District and is designated to the Aspen Inventory of Historically Designated Sites and Structures; and, WHEREAS, the Community Development Staff has interpreted that the use of a frame shop is most consistent with the shop craft industry and furniture store uses that are specified in the City of Aspen Land Use Code; and, WHEREAS, pursuant to Section 26.425 of the Land Use Code, the Aspen Planning and Zoning Commission approved the Conditional Use request on March 16th during a duly noticed public hearing; and, WHEREAS, the Community Development Department reviewed the requested parking waiver and recommended approval with conditions; and, WHEREAS, during a duly noticed public hearing on March 24, 2004, the Historic Preservation Commission approved, by a five to zero (5-0) vote, a parking waiver of one required parking space for the proposed frame shop use at 616 W. Main Street, with the conditions contained herein; and, WHEREAS, the Aspen Historic Preservation Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a . public hearing; and, WHEREAS, the Aspen Historic Preservation Commission finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Aspen Historic Preservation Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. ,.... ~ NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN HISTORIC PRESERVATION COMMISSION as follows: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Aspen Historic Preservation Commission herby approves a parking waiver of one required on- site parking space at 616 W. Main Street, subject to the following conditions: 1. Waiver of the parking space is only for the life of the frame shop use. Section 2: This Resolution shall not effect 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 3: If any section, subsection, sentence, clause, phrase, or portion of this Resolution 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. APPROVED by the Commission at its regular meeting on March 24, 2004. APPROVED AS TO FORM: HISTORIC PRESERVATION COMMISSION: City Attorney Jeffrey Halferty, Chair ATTEST: Kathy Strickland, Deputy City Clerk ~ ~. RESOLUTION NO. 9 (SERIES OF 2004) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING THE A CONDITIONAL USE TO OPERATE A FRAME SHOP AT 616 WEST MAIN STREET, LOT N, BLOCK 24, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID#2735-124-44-008 WHEREAS, the Community Development Department received an application from Jennifer Park, requesting and a parking waiver for one required on-site parking space and a conditional use approval to operate a frame shop at 616 W. Main Street; and, WHEREAS, pursuant to Section 26.710.330(C)(I) of the Land Use Code, the Office Zone District allows for shop craft industry and furniture stores as conditional uses in historically designated structures; and, WHEREAS, 616 W. Main Street is located in the Office Zone District and is designated to the Aspen Inventory of Historically Designated Sites and Structures; and, WHEREAS, the Community Development Staff has interpreted that the use of a frame shop is most consistent with the shop craft industry and furniture store uses that are specified in the City of Aspen land Use Code; and, WHEREAS, pursuant to Section 26.425 of the Land Use Code, the Aspen Planning and Zoning Commission may approve, approve with conditions, or deny a conditional use request during a duly noticed public hearing after considering comments from the general public, a recommendation from the Community Development Director, and recommendations from relevant referral agencies; and, WHEREAS, the Community Development Department reviewed the application and recommended approval with conditions; and, WHEREAS, during a duly noticed public hearing on March 16, 2004, the Planning and Zoning Commission approved, by a four to zero (4 - 0) vote, a conditional use request to operate a frame shop at 616 W. Main Street, with the conditions contained herein; and, WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, the Aspen Planning and Zoning Commission finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. ,-... .~ NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION as follows: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the conditional use request to operate frame shop at 616 W. Main Street is hereby approved subject to the following conditions. 1. The Applicant shall provide a bear-proof trash container on-site. 2. The Applicant shall provide free bus passes for any additional employees that are hired by the two (2) original owners. 3. Approval of this conditional use request is contingent upon obtaining a waiver of one parking space from the Historic Preservation Commission. 4. The Applicant shall apply for and obtain a sign permit from the Community Development Department prior to erecting any commercial signage. All commercial signage shall meet the City of Aspen sign guidelines pursuant to Land Use Code Section 26.510, Signs. 5. The Applicant shall improve the structure with one entrYway that meets the accessibility requirements of the International Existing Building Code. Improvements made to meet the accessibility requirements must be reviewed and approved by the Historic Preservation Officer prior to installation. 6. No custom framing activities that entail hammering and routing shall begin prior to 7 AM and last past 7 PM. Section 2: This Resolution shall not effect 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 3: If any section, subsection, sentence, clause, phrase, or portion of this Resolution 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. APPROVED by the Commission at its regular meeting on March 16, 2004. "",....... ~ MEMORANDUM . r /. k c;.? ul\.... /'?,\CJ. 'V'l ~ . vc, leltlll{(j,(? , f!) \tt.\'VV\\~""" \; /" '_ r:- frt \ \ . . ~ \ ^ .fJ .~") P) '^*C> \<1'\ - 5 (A -\-~ICi el\l ? c!,( V' ,",,-v \ D -.:.-.. " .' rct ~tr-:::;- lJ\ OJ i V\ (A V e Q TO: Aspen Historic Preservation Commission THRU: Joyce Allgaier, Deputy Director-l,JtA.. \( ~\) r\ -~J !', (0 J-e~ tl. r /. />. 'j ~ '---- L/ ?J FROM: James Lindt, PlannerJ L \JII 616 W. Main Street On-site Parking Waiver -Public Hearitig RE: DATE: March 24,2004 ApPLICANT: Jennifer Park LOCATION: 616 W. Main Street ZONING: Office Zone District REVIEW PROCEDURE: Parkin~ Waiver: The Historic Preservation Commission shall by resolution approve, approve with conditions, or deny the request for a parking waiver, after PROPOSED LAND USE: reviewing a recommendation by the Frame Shop- Shop Craft Industry Community Development Director. STAFF RECOMMENDATION: Approval with Conditions ---..---------.-----.-......-- ....._~--~---._-_.._---_._-~_._-_..._...._-_....... ---...._.._~_._-_.. SUMMARY: The Applicant has requested approval of a parking waiver in conjunction with a conditional use request to operate a frame shop at 616 W. Main Street. The Office Zone District in which this property is located allows for shop craft industry as a conditional use in structures that are listed on the Aspen Inventory of Historic Sites and Structures. Staff has interpreted that a frame shop falls under the classification of a shop craft industry since a frame shop is not identified specifically as a use in the Land Use Code. The Planning and Zoning Commission has already reviewed and approved the requested conditional use. However, there is only one on-site parking space for use by the main structure that is to be converted from a single-family residence into the frame shop. The Office Zone District requires that three (3) on-site parking spaces be provided for every 1,000 square feet of net leasable floor area. Incidentally, the proposed frame shop is to contain between ~ 600 and 700 square feet of net leasable floor area.. Therefore, under the existing zoning the Applicant would have to provide between 1.8 and 2 on-site parking spaces. Given that the site is historically designated and has an existing parking deficit, the Historic Preservation Commission has the authority to w~ive an on-site parking space pursuant to Land Use Code Section 26.415.110(C), Parking Waivers. STAFF COMMENTS: As an incentive of historic designation, historically designated properties in the Office Zone District are allowed to house certain commercial uses as long as the operating characteristics of these commercial uses are appropriate and the impacts are properly mitigated. That being the case, Staff agrees with the Applicant's contention that the proposed frame shop use enhances the mix of uses along Main Street as long as certain conditions are enacted to regulate the operating characteristics as was established in the conditional use review. It should also be noted that there would be room to provide an additional stacked parking space, but Staff feels that the additional parking would compromise the esthetics of the property to an extent. In addition, Staff agrees with the, Applicant's contention that there is sufficient unutilized, short-term, on-street parking on this specific block of Main Street to accommodate the anticipated parking demand. In conclusion, Staff would recommend that the HPC grant the requested parking waiver of one parking space for the life of the proposed use as a frame shop given that Staff feels that sufficient short-term, on~street parking exists in the in the immediate vicinity to accommodate the use. Applicable Historic Preservation Design Guidelines: 1.13 Revisions or additions to the landscape should be consistent with the historic context of the site. o Do not cover grassy areas with gravel, rock, or paving materials. Staff feels that the requested parking waiver supports compliance with the above design guideline in that if the Applicant wished to install additional parking in the vacant space to ....-.... ~ the rear of the structure, it would likely require damaging the grassy area in the backyard or replacing it with a type of material that is more appropriate to park upon. RECOMMENDATION: Staff recommends that the Historic Preservation Commission waive one required on- site parking space at 616 W. Main Street with the condition set forth in the attached . resolution. RECOMMENDED MOTION: "I move to approve Resolution No.lL, Series of 2004, waiving one parking space at 616 w. Main Street, Lot N, Block 24, City and Townsite of Aspen." ATTACHMENTS: Exhibit "A" - Review Criteria and Staff Responses Exhibit "B" - Application ,fIIIIIIIII>.. ~ RESOLUTION NO. (SERIES OF 2004) A RESOLUTION OF THE CITY OF ASPEN mSTORIC PRESERVATION COMMISSION APPROVING A P ARKING WAIVER AT 616 WEST MAIN STREET, LOT N, BLOCK 24, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID#2735-124-44-008 WHEREAS, the Community Development Department received an application from Jennifer Park, requesting and a parking waiver for one required on-site parking space and a conditional use approval to operate a frame shop at 616 W. Main Street; and, WHEREAS, pursuantto Section 26.710.330(C)(1) of the Land Use Code, the Office Zone District allows for shop craft industry and furniture. stores as conditional uses in historically designated structures; and, WHEREAS, 616 W. Main Street is located in . the Office Zone District and is designated to the Aspen Inventory of Historically Designated Sites and Structures; and, WHEREAS, the Community Development Staff has interpreted that the use of a frame shop is most consistent with the shop craft industry and furniture store uses that are specified in the City of Aspen Land Use Code; and, WHEREAS, pursuant to Section 26.425 of the Land Use Code, the Aspen Planning and Zoning Commission approved the Conditional Use request on March 16th during a duly noticed public hearing; and, WHEREAS, the Community Development Department reviewed the requested parking waiver and recommended approval with conditions; and, WHEREAS, during a duly noticed public hearing on March 24, 2004, the Historic Preservation Commission approved, by a _ to _ L - ~ vote, a parking waiver of required parking space for the proposed frame shop use at 616 W. Main Street, with the conditions contained herein; and, WHEREAS, the Aspen Historic Preservation Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal" Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, the Aspen Historic Preservation Commission fmds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Aspen Historic Preservation Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. .,......,., .~ NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN mSTORIC PRESERVATION COMMISSION as follows: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Aspen Historic Preservation Commission herby approves a parking waiver of one required on- site parking space at 616 W. Main Street, subject to the following conditions: 1. Waiver of the parking space is only for the life of the frame shop use. Section 2: This Resolution shall not effect 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 ahd concluded under such prior ordinances. Section 3: If any section, subsection, sentence, clause, phrase, or portion of this Resolution 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. APPROVED by the Commission at its regular meeting on March 24, 2004. APPROVED AS TO FORM: mSTORIC PRESERV A TION COMMISSION: City Attorney Jeffrey Halferty, Chair ATTEST:' Kathy Strickland, Deputy City Clerk "'"'...,., ~,...""" EXHIBIT A 616 W. MAIN STREET PARKING WAIVER REVIEW CRITERIA & STAFF FINDINGS 26.425.040 Standards applicable to all conditional uses. When considering a parking waiver request, the Historic Preservation Commission shall ) consider whether all of the following standards are met, as applicable. 1. The Parking reduction and waiver of payment-in-Iieu fees may be approved upon a finding by the HPC that it will enhance or mitigate an adverse impact . on the historic significance or architectural character of a designated historic property, an adjoining designated property or a historic district. Staff Response: Staff feels that there is enough space in the back yard to provide the additional parking spaces needed to meet the Office Zone District's parking requirements for conimercial properties. However, Staff believes that the proposed frame shop use will not have significant parking demands and that there is sufficient short-term, on-street parking in the immediate area to accommodate the proposed use. Moreover, Staff believes that adding parking spaces in the back yard to meet the requirements would require the installation of more durable materials to park upon than the existing grass, and the Historic Preservation Design Guidelines discourage replacing grass on historic sites with other materials such as rock, pavement, or gravel. Therefore, Staff finds that the request warrants a parking waiver for the life of the frame shop use. ---------_......-.,~...,.._-_._------,-~.._...,~-----_...__._-------.,.....,.._-......_.._...._---_.._...,.._~--_.-........_......----_._.._...,--- ~=~~~'~""'~FEB='i'0-2004 TUE 01: 10 PM FAX NO. &~_ '\&11 ~ APPLICAN'r: AITACHMENT 2 -LAND USE APPLICATION Name: Location: REPRESENT ATJVE: Name: Address: Phone #: PROJECT: Name: Address: Phone #: T\,pg OF APPLICATION: (please check: aU that apply): Q.g Conditional Use 0 Conceptual PUD o Special Review 0 Final PUD (& PUD Amendment) o Design Review Appeal 0 Conceptual SPA o GMQSAllotment 0 FinalSPA(&: SPA Amendment) .; o GMQS Exemption 0 Subdivision o ESA - 8040 Grcenline, Stream 0 Subdivision Exemption (includes Margi~ Hallam Lake Bluff; condominlumization) 'Mountain View Plane o Lot Split Lot Line Ad'ustment . o Conceptual Historic Den o Final HistOric Devolopment o Minor Historio Devt. o Historic Demolition o Historic Designation o Small Lodge Conversion! Expansion o o Tempornry Use TextIM Amendment o Other. ---,-_. main ha..tse w ~, on stted- -_..._...,--_.._-_.__....._~---_.. 1Iave YOll attached the followillll? FEEs DUE: S -S Pre-Application Conference .Summary "5J Attachment #1, Signed Fee Agreement 'btJ R~sponse to Attacbmcnt #3, Dimensional Requirements Form 'S Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards All plans that are larger th.iJ.ll 805" x 11" must be folded.ll.Ild a floppy disk with all electronio copy of aD Written text (Microsoft Word Format) mllSt be snbmItted as part oCtbe application. ~. N. ;f>. MEMORANDUM .f\ Ap~u~ 4 -,0 TO: Aspen Planning and Zoning Commission 0~P\ THRU: Joyce Allgaier, Deputy Director FROM: James Lindt, Planner ;S:'L. RE: 616 W. Main Street Conditional Use for Frame Shop -Public Hearing DATE: March 16,2004 ApPLICANT: Jennifer Park LOCATION: 616 W. Main Street ZONING: Office Zone District REVIEW PROCEDURE: Conditional Use,' The Planning and Zoning Commission shall by resolution approve, approve with conditions, or deny a development application for a conditional use, after reviewing a recommendation by the Community Development Director. PROPOSED LAND USE: Frame Shop- Shop Craft Industry ST AFF RECOMMENDATION: Approval with Conditions SUMMARY: The Applicant has requested approval of a conditional use to operate a frame shop at 616 W. Main Street. The Office Zone District in which this property is located allows for shop craft industry and furniture store as a conditional use in structures that are listed on the Aspen Inventory of Historic Sites and Structures. Staff has interpreted that a frame shop falls under the classification of a shop craft industry since a frame shop is not identified as a use in the Land Use Code. PROPOSED OPERATIONS: The proposed frame shop would have both a retail component and a custom framing component. The Applicant believes that trash generation will be accommodated on-site in much the same fashion as it was accounted for with the current residential use of the property. Additionally, the Applicant proposed not to do considerable custom framing work past 6 PM since it includes occasional hammering and routing that causes noise in certain instances. There is one on-site parking space that is accessed off of the alley. Due to the lack of on-site parking, the Applicant feels that there is sufficient short-term, on-street parking along Main Street to accommodate the customers that would be traveling by vehicle. Moreover, since there are expected to be only two (2) employees, the owners are proposing to carpool or take the bus to work. STAFF COMMENTS: USE: As an incentive of historic designation, historically designated properties in the Office Zone District are allowed to house certain commercial uses as long as the operating characteristics of these commercial uses are appropriate and the impacts are properly mitigated. That being the case, Staff agrees with the Applicant's contention that the proposed frame shop use enhances the mix of uses along Main Street as long as certain conditions are enacted to regulate the operating characteristics. Additionally, Staff feels that the frame shop may add some additional vitality to the western portion of Main Street much like the Yoga Studio has since it was installed in the Mesa Store building. Moreover, the mix of uses along Main Street in the Office Zone District is extremely diverse. These uses include an antique store, a hair salon, several restaurants, several lodging establishments, and many professional business offices. PARKING: Staff s prime concerns with operating a frame shop on Main Street are centered around the lack of on-site parking. Parking is of concern to Staff in that there is only one on-site parking space. However, Staff agrees with the Applicant's contention that there is sufficient unutilized, short-term, on-street parking on this specific block of Main Street to accommodate the anticipated parking demand. As the application also points out, there are also two (2) RFT A bus stops within two (2) blocks of the subject property to serve customers traveling by bus. Staff would however, recommend that the Applicant be required to provide free bus passes to any additional employees that are hired above and beyond the two (2) owners referenced in the application. In conjunction with the requested conditional use, the Applicant has also applied for a parking waiver from the Historic Preservation Commission (HPC) pursuant to Land Use Code Section 26.415~110(C), Parking Waivers. That being the case, Staff has included a condition in the "..... ~ proposed resolution that makes the conditional use approval contingent upon subsequently gaining approval of the parking waiver from HPC. NOISE, ODOR, AND VIBRATIONS: The Applicant did indicate in the application that there would be occasions in which some hammering and routing would occur in association with the custom framing operations. In discussing this issue, the application indicates that the noise from this activity would not be more than that of a household vacuum. However, Staff believes that the action of hammering has the potential to go beyond the noise produced in everyday residential and office activities. Therefore, Staff has recommended a condition of approval that would not allow custom framing activities to begin before7 AM or occur past 7 PM in the evening as is consistent with the City of Aspen's allowed hours for construction activities. GMQS IMPLICATIONS: Since the subject property is on the Aspen Inventory of Historic Sites and Structures, the Land Use Code establishes that a growth management exemption for a change in use may be approved administratively and that the change in use exemption fully exempts the request from employee housing mitigation. The aforementioned GMQS exemption for a change in use will be processed administratively upon obtaining conditional use approval pursuant to Land Use Code Section 26.470.070(D)(1), Change afuse. REFERRAL COMMENTS: In reviewing the request with the Building Department, it was concluded that the building code requires that one entrance be ADA accessible and an unobstructed interior pathway from the entry to an accessible bathroom be provided. Incidentally, neither entrance meets accessibility requirements currently. Therefore, Staff has proposed a condition of approval requiring that the Applicant meet the accessibility requirements of the building code to the satisfaction of the Chief Building Official prior to opening as a commercial establishment. RECOMMENDATION: Staff recommends the Planning and Zoning Commission approve the proposed conditional use to operate a frame shop at 616 W. Main Street with the conditions set forth in the attached resolution. RECOMMENDED MOTION: "I move to approve Resolution No. _, Series of2004, approving a conditional use, with conditions, to operate a frame shop at 616 W. Main Street, Lot N, Block 24, City and Townsite of Aspen." ATTACHMENTS: Exhibit "A" - Review Criteria and Staff Responses Exhibit "B" - Application Exhibit "C" - Vicinity Map """ .~ RESOLUTION NO. (SERIES OF 2004) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING THE A CONDITIONAL USE TO OPERATE A FRAME SHOP AT 616 WEST MAIN STREET, LOT N, BLOCK 24, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID#2735-124-44-008 WHEREAS, the Community Development Department received an application from Jennifer Park, requesting and a parking waiver for one required on-site parking space and a conditional use approval to operate a frame shop at 616 W. Main Street; and, WHEREAS, pursuant to Section 26.710.330(C)(1) of the Land Use Code, the Office Zone District allows for shop craft industry and furniture stores as conditional uses in historically designated structures; and, WHEREAS, 616 W. Main Street is located in the Office Zone District and is designated to the Aspen Inventory of Historically Designated Sites and Structures; and, WHEREAS, the Community Development Staff has interpreted that the use of a frame shop is most consistent with the shop craft industry and furniture store uses that are specified in the City of Aspen land Use Code; and, WHEREAS, pursuant to Section 26.425 of the Land Use Code, the Aspen Planning and Zoning Commission may approve, approve with conditions, or deny a conditional use request during a duly noticed public hearing after considering comments from the general public, a recommendation from the Community Development Director, and recommendations from relevant referral agencies; and, WHEREAS, the Community Development Department reviewed the application and recommended approval with conditions; and, WHEREAS, during a duly noticed public hearing on March 16, 2004, the Planning and Zoning Commission approved, by a _ to _ L- ~ vote, a conditional use request to operate a frame shop at 616 W. Main Street, with the conditions contained herein; and, WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, the Aspen Planning and Zoning Commission finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals. and elements of the Aspen Area Community Plan; and, WHEREAS, the Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. I""'" NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION as follows: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the conditional use request to operate frame shop at 616 W. Main Street is hereby approved subject to the following conditions. 1. The Applicant shall provide a bear-proof trash container on-site. 2. The Applicant shall provide free bus passes for any additional employees that are hired by the two (2) original owners. 3. Approval of this conditional use request is contingent upon obtaining a waiver of one parking space from the Historic Preservation Commission. 4. The Applicant shall apply for and obtain a sign permit from the Community Development Department prior to erecting any commercial signage. All commercial signage shall meet the City of Aspen sign guidelines pursuant to Land Use Code Section 26.510, Signs. 5. The Applicant shall improve the structure so that it meets the accessibility requirements of the International Existing Building Code to the satisfaction of the Chief Building Official prior to opening as a commercial establishment. Exterior improvements made to meet the accessibility requirements must be reviewed and approved by the Historic Preservation Officer prior to installation. 6. No custom framing activities that entail hammering and routing shall begin prior to 7 AM and last past 7 PM. Section 2: This Resolution shall not effect 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 3: If any section, subsection, sentence, clause, phrase, or portion of this Resolution 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. APPROVED by the Commission at its regular meeting on March 16,2004. APPROVED AS TO FORM: PLANNING AND COMMISSION: City Attorney Jasmine Tygre, Chair ATTEST: Jackie Lothian, Deputy City Clerk ZONING ~ ~ EXHIBIT A 616 W. MAIN STREET CONDITIONAL USE REVIEW CRITERIA & STAFF FINDINGS 26.425.040 Standards applicable to all conditional uses. When considering a development application for a conditional use, the Planning and Zoning Commission shall consider whether all of the following standards are met, as applicable. A. The conditional use is consistent with the purposes, goals, objectives and standards of the Aspen Area Community Plan, with the intent of the zone district in which it is proposed to be located, and complies with all other applicable requirements of this Title; and Staff Finding Staff believes that the proposed conditional use is compatible and complementary to the surrounding uses and the objectives of the Aspen Area Community Plan. Staff feels that the proposed request is consistent with the AACP goals related to economic sustainability in that the Applicant is taking an empty residence on Main Street and is hopefully converting it into a viable business that will bring added vitality to Main Street and the Office Zone District. Moreover, staff feels that the request is consistent with the Historic Preservation Benefits that allow for certain types of commercial uses in historically designated structures as a benefit of historic designation. Staff believes this criterion is met. 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 Staff Finding Staff believes that the proposed use is complimentary to the uses in the immediate vicinity. The western portion of Main Street contains an eclectic mix of uses that include restaurants, professional offices, lodges, dance studios, single-family residences, and exiting shop craft establishments. That being the case, Staff feels that this additional shop craft industry may aid in bringing added vitality to this portion of Main Street. Staff finds this criterion to be met. 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 1"', ."""". ,",cJ"..r Staff Finding As was stated in the memorandum, Staff believes that parking is of some concern primarily because there is only one on-site parking space to serve the proposed use. However, Staff agrees with the Applicant's contention that there is sufficient short-term, street parking in the vicinity to accommodate the proposed use. Staff has proposed a condition that would make the conditional use approval contingent on the Applicant gaining approval of a parking waiver from HPC. The public hearing for the parking waiver is scheduled for Mar.ch 24th. Staff also is concerned about the trash generation in that it is felt that the frame shop will generate more trash than the existing residential use. That being the case, Staff has recommended a condition of approval that requires the Applicant to make arrangements to maintain a bear-proof, trash container on-site to accommodate the trash generated by the use. Staff finds this criterion to be met. 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 Staff Finding Staff believes that there are adequate public facilities in the vicinity to serve the proposed use. This property is served by Main Street to the south and an alley to the north. Moreover, the structure already contains public water and sanitary services and is located in relatively close proximity to the police and fire stations. Staff finds this criterion to be met. E. The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use; and Staff Finding As was addressed previously in the memorandum, a GMQS exemption for a change in use may be processed administratively upon approval of the conditional use request pursuant to Land Use Code Section 26.470.070(D)(1), Change of use. A change of use in a historically designated structure is to be completely exempt from employee mitigation requirements according to the land use code. i ~2/09/20e5 15:59 7508541453 MAILBOXPLUS PAGE 01/01 Februazy 9, 2004 To: Plaanine and Zoning Commia:ce; wmwn and D:arleen Mancl3rk. ~ow Jennifer Parks to submit a dtange of ~e form for the main house located at 516 West ~~ain Street to Change the nee fr<>rn siDde fmilly to commercial use, . WiIliam~ 'I'nat . .1/ 11 . .. JJt/lt . .--- ~ q~ j d1~Jz--. B)'": William. :md Darleen M~c1ark Date . (J ____..M...___~_....__,_..._________.......__...._..._.._,_''''_______-_'_........__...'_...._..._._,.._______...._._ ,..~ .-..... Aspen Planning and Zoning Commission 130 S. Galena St. Aspen, CO 81611 To Whom It May Concern: I am writing this letter to request a conditional use permit for the main house located on the property at 616 West Main Street in Aspen, Colorado. My name is Jennifer Park. I reside at 999 Fender Lane in Carbondale, Colorado. My mailing address is PO Box 1608, Basalt, Colorado, 81621. My home phone number is (970)963-3975 and my cell phone number is (970)948-7160. I am applying for this conditional use because I would' like to open my own framing business in Aspen. This property would suit the business' needs perfectly for the first year. Thank you for your consideration in this matter. Respectfully, U12ktYUJ~ p~ d I {, OL{- Jennifer Park - 6. V - Owner/operator Frames and Finds ."",", -"'C-,~.=.<",,,,'i,,,_'_._,,,"';;i.";',,,'. ...' "";Yo"""'" ,~,~~_,~" f""',. ',#. COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: January 26, 2004 at 8:00 AM Case No. PCT18621 C 2. PolICy or Pollcfes to be issued: (a) ALTA Owners Poficy.Form 1992 Proposed Insured: PROFORMA AmountS 0.00 PremiumS 0.00 Rate: (b) Al T A loan Policy-Form 1992 Proposed Insured: AmountS 0.00 PremiumS 0.00 Rate: Tax Certfficate: $10.00 3. TItle to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the effective dale hereof vested in: WIWAM and CARLEEN MANCLARK TRUST DATED JULY 23, 19" 4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is described as' follows: ' " LOT Nt f;llOCK 24, CITY AND TOWNSITE OF ASPEN ,.........--..._._~---_._"._---...._-_._--....~...._-'--~.._--_._-----------'"'...._-------_._---_....-._-,.__...._---_._,~_......._---.~-,_.--------.--... PlTI<IN COUN"IY 11TLE, lNC. 601 E. HOPKlNS ASPEN.. CO. 81611 ~1766Phone 97()..925-6527 FAX 877-217..3158 Toll PrM AU'lHORlZED AGENT Schedule A-PG.1 This Commitment is invalid unlessthelnsuring , Provisions and Schedules A and B are attached. CountexsignecC Aspen Street Map 3 Q o 112 ~.t{~:::- rr.~';:>~~.' Scale in miles Not all roads may be shown or named on 11Z4P or ~d in strm guilk. Sornr roads may be private, proposed, or under construction. Maps by Chi~ago CartoGraphi~$ ~~ /// ) ~-;:./ tfE'..~~>;::::;,.:;:;.:;::=-=-;:;:::::: . White River NatiORlf1 FOlest >>:"11. . 1Ir.'~ t EI MAP KEY AK Art Pkwy f AP Alpine Ct ~ ' Bt Brown Ln '~or CW Cottonwood Ln ~ CC Cowenhoven Ct FS Francis St :s ~ HR Harold Ross Ct ~ 'I:W Kathryns Way J\J I..S luke Short Ct % \ Me MayflOW1lr Ct U) t MT M"m.rs TraU Rd Rft Robinson ReI _e,..SG- SllllrgglerGrDll8M-_____., we Williams Ranch Ct WD WaIkar Bd WR Williams Ranch Dr White River National Forest ~: .,: 1::- ~: it ~; ~I Aspen FEB-IO-2004 rUE 03:02 PM ~ · (J~/IIIfI;re\l'- A.vk- ~ . FAX NO. ~ .5 750~t ll. E !=O.o' I I M ~ .~ ~ CL I l I I o B I I 'LDJ Ef1.~') J( ...J '" ~. :2. P, 01 ~9";:{,;1.0 0 / ;?;t- "3S7.;z..1/~~oo;Z , l'.e' o , ~ . t. O.TI'D\LCuLATED ENCroACHHENT U .::A .i~~~ :i' q~ !11 ;f'~.~ ~:,C:4 1>/ 'l:, ~ JUL 2 7 7[1[1 ASPEN 1 ?lT~IN . ...a.... ........., ~~1~II"'l.I"lI::C"-I'T _m'_~..',,_ ,..,~=-," ........ ,,-,..,~ ..~ Response to Review Standards A. The conditional use is consistent with the purpose, goals, objectives, and standards of the Aspen Area Community Plan, with the intent of the zone district in which it is proposed to be located, and complies with all other applicable requirements of this title · Managing Growth- we will use an existing structure in the city limits · Affordable Housing- our small business does not really have an effect on this aspect of the AACP · Managing Transportation- the property is in a location that is easily accessible, people will not have to drive around to find parking, there are several convenient RFT A stops in the vicinity, the owners will be carpooling unless special circumstances exist · Economic Sustainability- this supports everyone of your policies in the AACP o Foster a high quality, well trained, service-oriented, educated work force- these are goals we are dedicated to within our business o Encourage local ownership of businesses- because we are just starting out, rental of this location will enable us to launch our business and if we enjoy success we may be able to relocate to the commercial core in time o Create opportunities for entrepreneurs so that local' residents can start businesses and move beyond -".------'---.-------------.-----.-.--'wage;.:.earning~-.jobs=.-'agairr;--one-of-'oor-g.oa~-ttns~--'--'_.,_.".__._----.--- may ,be much more difficult to achieve if we have to start' in the core. Starting the business in this location is a prime opportunity for us as entrepreneurs to thrive in Aspen o Ensure government support of a diverse business and nonprofit community- Aspen needs another frame shop. A little competition is healthy and contributes to diversity and makes owners strive to do their best for the Aspen community .JI' p;~'. o Utilize our public and private infrastructure(transportation, parks, buildings, businesses, etc.) to full capacity to ensure the maximum return on existing investments( though we also understand the value of the off-season) this building has been empty for several months, we will be generating income for the realtor, the own~rs, and ourselves, not to mention a few dollars for Aspen in the form of licensing fees and taxes o Support partnerships- this business is a partnership between the two owners 'and also a partnership between the city and the business o Encourage resource efficiency, environmental responsibility, and cultural and community sensitivity in local organizations- we are believers in recycling and reuse. Any materials( such as matboard) we do not use will be donated to local schools or artists. All packing materials will be recycled · Managing Parks, Open Space, and the Environment- supported in the above paragraph · Maintaining Community Character & Design- we will be making use of a historic location without a need to alter . -- .., -,_.- -......, .--'_.__._-~-----...r-_':"'_------'----._---_. --.---'--'-.,.,.--------..----------'-ltl'Ef-sffueture,--.malntainlrf~f-- tne ongi'nar characler anu . integrity of the building's design. Who doesn't know "the purple house on Main Street"? That is how we intend to keep it. ~ ~ 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 · The use is consistent and compatible with the immediate vicinity and enhances the mixture. This use is similar to that of a furniture store, which is permitted.' There are several types of offices and the Hickory House. We will be adding another element, although similar in visitation, since framing is destination shopping c. The location, size, design, and operating characteristics of the proposed conditional use minimizes adverse effects, including visual impacts on pedestrian and vehicular ciculation, parking, trash, service, delivery, noise, vibrations and odor on surrounding properties · Any effect/impact we have will be very similar to a residence or office. Trash will be routine, no more than a household. We will have two service deliveries a wee, similar to UPS. Signage will be based on what the city will allow . ( a small identifying sign) similar to those in the immediate vicinity. We will not alter the outside of the property, other than signage. As far as noise goes, framing is generally a quiet business, other than the occasional hammering and routing (similar to the sound of ----.---.----....'--.----..------.---a ..-vacuurrl):-~his_.,wiU-.not-generatty-~f1appen-past--e-_pm..---.--.-..---------.--.--- unless there is an abundance of work (i.e. holidays), but never past 8pm. We will have no impact on pedestrians or vehicle circulation ,,11''''_, 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 · Our use will in no way alter or inhibit existing access to the aforementioned facilities and services E.- The applicant commits to supply affordable housing to meet the need for increased employees generated by the conditional use · No need is generated by our use. Both employeel owners currently work in Aspen and live Downvalley. We do not anticipate growth of- the business at such a rate to include another employee for at least 2 years, at which time we would hope to be in a different location These are our responses to your review standards. We hope you find them in order and we thank you for your time and consideration. Respectfully submitted, Jennifer Park ______........oo-o_,_.__~.._~_____,__.____,.....__'____~,.._~_._..._.....__._,..._".,_____."____....'-.___._~__"_.....___...........,,._....______.___..~_~__.____._,_,,.__,____...__.....y...."'"_.,"'...,~___.~____,_...._._.'" '~'~'~'-"."-''''''''''''.FEB=io=2004 rUE 0 1 : 1 0 PM FAX NO. , """'''-P: ""04--m'-~",_~~_.~ ,..., ~,;# APPLICAN'r: AlTACHMENT 2 -LAND USE APPLICATION h fI OV\\- f'xl1 aOlt \\B (/ Name: Location: :Jennifev PClYK to ,'-'' We s-t \ty1cun 5tY- eet icate street address. lot & block numbet. le .1735 -I -Lf -ooe REPRESENT ATJVE: Name: Address: I Phone #: PROJECT: Name: Address: Phone #: Typ~ OF APPLICAtiON: (please check: all that apply): a?J Conditional Use 0 Conceptual POD o Special Review 0 Filial PUn (& PlJD Amendment) o Design Review Appeal 0 Conceptual SPA o GMQSAllotment 0 FinaI SPA (& SPA Amendment) .; o GMQS Exemption 0 Subdivision o ESA - 8040 Greenline, Stream 0 Subdivision Exemption (includes Margi~ Hallam Lake Bluff, condominlumlzation) Mountain View Plane o Lot Split Lot Line Ad'ustment . o Conceptual Historic Devt. o Final Historic Development o Minor Historic Devol o Historic Demolition o Historic Dc:signation o Small Lodge Conversion! Expansion o o TemponuyUse Text/M Amendment o Other: lIave YOII attached the followinll? FEES DUE: S 19 Pre-Application Conference ,Summary 1iJ Attachment #1, Signed Fec Agreement ~ Response to Attacb.m.ent #3, Dimensional Requirements Form i9 RespollSe to Attacbme",t #4, Submittal Reqllirements. Iw:luding Written Responses to Review Standards Au platlS that are larger than 8.5" x 11" must be folded ll.Ild a floppy di$k with an e1ectroDle ~py of aD Wrltte.u text (MIcrosoft Word Fonnat) lIIust be submitted 8S part of the application. RETAIN FOR PERlWENTRECOJI) FEB-10-2004 TUE 01:10 PM~ FAX NO. ~ P. 03 ,,,..... '....u,.,!' Fl: 1/ 0 uJ- CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT CITY OF ASPEN (hereinafter CITY) and ::T"e.nn l ~v Pa..v k:. (l1t:reinafter APPLICANT) AGREE AS FOLLOWS: dJ,. APPLICANT,bas submitte4 to CITY,an application for k n D ('01'1 thovul L1<iA.. oj- (PI (p W. m G.M'l ,LOT tV , 51 D0 ~N J H S i:x?f! I (.; _ (hereinafter, THE PROJECT). 2, APl>LICANT IIIlderstallds and ag",.. that City of Aspen OrdinllllCe No. 57 (Series of 2000) eslllblishes a k. Sll'Ueture ror Land Use applicalio... and the paynient of all processing fees ii a condi tion precedent to a determination 0 f application compl~tetless. 3. APPUCANT and CITY ai:Ice that.because' of the size, nature or scope of the ptOposed Pfoj<<t, it is not pOs.!ible .t !his time to as=!n lite full Cllttlmt of the costs involved in Ptoc&Ssing the application. APPLICANT andCITY funhcr agree rhat it is in the intc:re.t of the patties that APPUCANT make paym<:nt of an initial deposit and to thereafter permit additional costs to b. billed to APPUCANT on · monchly basis. " APPLICANT agre<!$ additional Costs may 'ccrue fOllowing their helllings and/or approval... APPUCANT agrees lw will be benefited by relaining gfeater cash liquidity and Will mako addition'l payments lIpon notification by the CITY when they are lItecs<ary:lS COSIs ate incotred. CITY agrees it will be benofited through the grealer certainty of" recovering its full costs to process APPL.ICANT'S application. . 4. CITY and APPIJCANT fut1her agree tho.t it is impracti9hle for CITY staff to eomplor., ptQcessin: Or plC$en1 sufficienr information to tbc Plilnning COmmission and/or City Council to ...able the Planning Comalission and/or City Council to make logaUy reqaired findinss for project considoration, unless current billings arc paid in full prior to decision. 5, Therefore, APPLICANT ~ellS that in considor.uion of the CITY's waiver ofils right to collect full fees prior to a delermillalion of application eompletc:llOSS, APPLICANT shall pay an initi.1 deposit In die all10Unt of S 1310 . CO which is for ~ hours of Comnwui tY DoveloPlllCllt staff time, .na if acllllll reeorded costs exceed the initial depo.i~ APPLICANT shall pay additiOnal monthly billings to CITY to reimburse the CITY for the processing of the application m..-nliuned above, including post approval fevi,ow .t · rate of $205.00 per planner hour OV'T the initial deposit SllI:h periodic payments sball be mad" within 30 days of the billing thlte, APPLICANT further ogre.. Iha\ failure ro pay such aCCrued cost. .""11 be grounds for suspeosioll of processing, .nd in no case wiU bUilding permits be issued until all costs assOCi(Lt~d With caliU Pl'occssing hn V~ been paid. CITY OF AS~lN By: Julie Ann Woods Community Development Director APPI.lICANT By: ue.....n.Fcv PClY1</~~ Date: ;) ,10 .04 g:\support\forms\agrp~lyas.doc: 6/05103 Billing Address and Telephone Number: Reouia!! R> f;,o( 11.4~ Sabo..lt I CO {!)Il,crl c.nO. q (,5 ,,-oQ,5 RETAIN FOR PERIIANENT RECORD FEB-IO-2004 rUE 04:51 p~ FAX NO. P. 02 CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: PROJECT: REPRESENTA TIyn: OWNER: TYPE OF APPLIC^TION: DESCRIPTION: James Lindt, 920.5095 616 W. Main Stroot Conditional Use DATE: 2/10/04 Jennifer Park Conditional Use for a frame shop TIlC Al'pIicant would likc to convert all existing singl~family re~idencc into a frame shop. StafT has determined that 8 fi'ame ~hop is simiJnr to the uso of a fumimrc store. which is allowed as a condition.al use in hi~toric stnactures in the OfficcZone District. Land Use Code Section(s) 26.425 COlldidonal Uses 26.7 J 0.180 Office Zone District Review by: · Sh\ff for cOll\plct~ness and recommendation, · ORe for technical considcrntions. · Planning und Zoning COntmission. Public Hearing: Referral Agcncies: Planning Ji'ec&: Total Deposit: Yos. Planning and Zoning COOlmission. Planning Deposit ($1.3) 0 for 6 hours of staff time) 51310 (additional planning hours over deposit amount are billed at a rate of $220/hout) To apply, submit the following information: I. Proof of ownershil) or ktter of consent to apply from building owner. 2. Signed fee agrecment. 3. AppHcant'.<; narn{,), addl'ess and telephono numbol" in a lotter signed by the applicant which states tho name, address and tclcphon~ number of the representative 3u1hori;ted to act 011 behalf of the applicant 4, Street address and legal description of the parcol on which development is proposed to OCC\lr, consisting ofa Cllrt'Cflt certificale from a title Insurunce compallY, or allorney licensed to ptuctice in the State ofColol'ado, listing the nnmes of ill! ownel'S of the property. and all mortgages. judgments, liens, ea!;~m~n1s, contracts and agreementq aftbcting the parcel, and dcmon~1rating the owner's right to Apply for the Development Application, 5. Totnl ueposit for revicw of the application. 6. _.J9_Copies ofth~ complete applioation pncket and maps. 7. An 8 l/2" by I I " vicinity map locating th~ parcel within the Cily of A~pcn. 8. Site Plan t\) show on-site parldng situation. 9. Scaled Floor Plans show;ng the proposed use configuration within tho oxisting structu~c. 10. A WI'ittcll description of thc proposal and an explanation in written f()t1lt of how the prOI'~oscd developmcnt complic..q with the review standards relevant to the development appHcation. Please include existing conditions us well as proposed, Please provide a written response to all criteria. Dj!ildRhntr: TIHl foregojug summary is ndvisol'Y in nQture only and is not bit,d;ng on lhe City. The summary is based on CUrI'ent ~Qning. which is subjecT 10 chnngo in the future and UpOI' factuall'~p(el>l."ntution~ thnt mayor may not be accurate. The summary does not creMe a le~al or veMct! right RE'fA'" FOR PERMN8T RECORD i e2/09/2005 15:59 7608641453 MAILBQXPLUS PAGE 01/01 February 9, 2004 To; Plannix'1e and Zoning Committee: Wnlinn :and Darleen MancIark. allow Jennifer Parks to submit a <:hmee of ~e fonn for the main house located at 616 West ~iain Street to Change the uee frQm sinde family to commercial use, ':W~/d~ '(rt~Jt-. By: William :and Darleen Mmclark Dare . J ,.",.., '-' ~ q", Aspen Planning and Zoning Commission 130 S.Galena St. Aspen, CO 81611 To Whom It May Concern: I am writing this letter to request a conditional use permit for the main house located on the property at 616 West Main Street in Aspen, Colorado. My name is Jennifer Park. I reside at 999 Fender Lane in Carbondale, Colorado. My mailing address is PO Box 1608, Basalt, Colorado, 81621. My home phone number is (970)963-3975 and my cell phone number is (970)948-7160. I am applying for this conditional use because I would like to open my own framing business in Aspen. . This property would suit the business' needs perfectly for the first year. Thank you for your consideration in this matter. Respectfully, flPAAVl~.JJ)A .JP~;)..'(I.O+ Jennifer Park '--Or -. - \T---- Owner/operator Frames and Finds ,If"'. ''-'" ~ ""., COMMITMENT POR TITLE INSURANCE SCHEDULE A 1. Effective Date: January 26, 2004 at 8:00 AM 2. Policy or Policies to be issued: (a) AL T A Owner's Poltcy.Form 1992 Proposed Insured: PROFORMA (b) AL T A Loan Policy-Form 1992 Proposed Insured: Case No. PCT18621C AmountS 0.00 PremiumS 0.00 Rate: AmountS 0.00 PremiumS 0.00 Rate: Tax Certiftcate: $10.00 3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: WILUAM and DARLEEN MANCLAAK TRUST DATED JULY 23, 19n 4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is described as' f~lows: . LOT N, ~lOCK 24, CITY AND TOWNSITE OF ASPEN PlTI<IN COUNT't' nILE, lNC. 601 Eo HOPKINS .ASPEN, co. 81611 970-925-1766 Phone m.~F.AX 817.217..3158 Toll Pre. AtJTHORIZED AGENT Schedule A-PG.1 This Commitment is invalid unless the Insuring Provisions and Schadul8$ A and 8 are attached. Countersigned: Aspen Street Map 3 Q o 1/2 >~:- "'tit: Scale in miles Not all roads may be shown or named on map or listed in street guitk. Some roads may bi! private, proposed, or undn construaion. Maps by Chicago CartoGraphies White RiVl1f National Forest -.:. ~~ 0: ~f ,~~ 1 {j VJf Aspen FEB-IO-2004 TUE 03:02 PM , ~ CFab1/A;reV' ~V'R= FAX NO. ~ ~ 750 O'l' It' e' !O.O' ""*<+;"" P, 01 ~ 9" ;:.r # ,;2t:> 0 / ;{;t- gS7~VYC~o,,;Z - l J8.IJ' I I M (SJ ~ . - ~ ~ o '/ J 0 ,; I B I1J .. 0- V Si . t. . 'X I J to.! &l.~I) "" . O. 'ZJ' CALcuLATED I~ ENCroACHHENT ~ .oJ "l:' ~. :tj .::A -I~~~ :tVJ.;!1~) ;r~.t.~:",~'j ., ...~ JUL 2 7 znCl . ASPEN I ~m<IN ...... It .....-, ....~ 11""11"\l"lI~C~I'r "",.,.,., ~ Wovk Ctvl:(L, - ( franter6 ) l3Qth - room closet CIO&et Closet I ~a.m.,n9 a.rea..., KIte-hen (eu~tDvYl e~ ) - . - -- - - En;-r~ WQj poYCh I if!""'" ~. ,.."", ",-' Response to Review Standards A. The conditional use is consistent with the purpose, goals, objectives, and standards of the Aspen Area Community Plan, with the intent of the zone district in which it is proposed to be located, and complies with all other applicable requirements of this title · Managing Growth- we will use an existing structure in the city limits · Affordable Housing- our small business does not really have an effect on this aspect of the AACP · Managing Transportation- the property is in a location that is easily accessible, people wiIJ not have to drive around to find parking, there are several convenient RFT A stops in the vicinity, the owners will be carpooling unless special circumstances exist · Economic Sustainability- this supports everyone of your policies in the AACP o Foster a high quality, well trained, service-oriented, educated work force- these are goals we are dedicated to within our business o Encourage local ownership of businesses- because we are just starting out, rental of this location will enable us to launch our business and if we enjoy success we may be able to relocate to the commercial core in time o Create opportunities for entrepreneurs so that local residents can start businesses and move beyond wage-earning jobs- again, one of our goals, this may be much more difficult to achieve if we have to start in the core. Starting the business in this location is a prime opportunity for us as entrepreneurs to thrive in Aspen o Ensure government support of a diverse business and nonprofit community- Aspen needs another frame shop. A little competition is healthy and contributes to diversity and makes owners strive to do their best for the Aspen community o Utilize our public and private infrastructure(transportation, parks, buildings, businesses, etc.) to full capacity to ensure the maximum return on existing investments( though we also understand the value of the off-season) this building has been empty for several months, we will be generating income for the realtor, the own~rs, and ourselves, not to mention a few dollars for Aspen in the form of licensing fees and taxes o Support partnerships- this business is a partnership between the two owners 'and also a partnership between the city and the business o Encourage resource efficiency, environmental responsibility, and cultural and community sensitivity in local organizations- we are believers in recycling and reuse. Any materials( such as matboard) we do not use will be donated to local schools or artists. All packing materials will be recycled · Managing Parks, Open Space, and the Environment- supported in the above paragraph · Maintaining Community Character & Design- we will be making use of a historic location without a need to alter the structure, maintaining the original character and integrity of the building's design. Who doesn't know "the purple house on Main Street"? That is how we intend to keep it. i~ 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 · The use is consistent and compatible with the immediate vicinity and enhances the mixture. This use is similar to that of a furniture store, which is permitted. There are several types of offices and the Hickory House. We will be adding another element, although similar in visitation, since framing is destination shopping c. The location, size, design, and operating characteristics of the proposed conditional use minimizes adverse effects, including visual impacts on pedestrian and vehicular ciculation, parking, trash, service, delivery, noise, vibrations and odor on surrounding properties · Any effect/impact we have will be very similar to a residence or office. Trash will be routine, no more than a household. We will have two service deliveries a wee, similar to UPS. Signage will be based on what the city will allow ( a small identifying sign) similar to those in the immediate vicinity. We will not alter the outside of the property, other than signage. As far as noise goes, framing is generally a quiet business, other than the occasional hammering and routing (similar to the sound of a vacuum). This will not generally happen past 6 pm unless there is an abundance of work (i. e. holidays), but never past 8pm. We will have no impact on pedestrians or vehicle circulation ~ , ~' 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 · Our use will in no way alter or inhibit existing access to the aforementioned facilities and services E.- The applicant commits to supply affordable housing to meet the need for increased employees generated by the conditional use · No need is generated by our use. Both employeel owners currently work in Aspen and live Downvalley. We do not anticipate growth of the business at such a rate to include another employee for at least 2 years, at which time we would hope to be in a different location These are our responses to your review standards. We hope you find them in order and we thank you for your time and consideration. Respectfully submitted, Jennifer Park ~ .#"", 6'hS W. Main Vicinity~ap Ex I~\\lo\+ \\all N 135 270 540 810 1,080 Feet o ~ ~ ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: r:;! !-2 /Ai A1Q \' I~ ':12 ~//Y4 , Aspen, CO SCHEDULED PUBLIC HEARING DATE: ,200_ STATE OF COLORADO ) ) ss. County of Pitkin ) ',' L' }-!- I,~\ q lA/1 ~ I L/1r: ' , (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: -4 Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. _ Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the _ day of , 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 of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map 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. d' ~~,t Ignature The foregoing "Affidavit of Notice" was acknowledged before me this _ day of ,200__, by PUBU RE: 616:W. MAIN S1 Q(Jf.ST .'". '<.' , NOTICE IS HEREBY, ", " .:; , .ap~c~~1n8 wUl be held on Wed~'!,~ ,~, ~4.20Q4, ala meeting to begin at .~;o'pp.na.,,~9re,~t~~ Historic; ,PreservatlO)l' 'CQ~ .CO\i!lcll Chambers. City Hall, ,l~ S'~i~'''~~~o consider, an application sublnltt~1Qy/~IJer Park requesting apprQVal'of a~ ~~of , Olle on-site parkfngspace. , Th ,., . ~ubJect ,to the - request Is commonly" '.'.'.. as 616 W. Main Street and Is \egl' ,,4e.$~~,as Lot N.' mQCk 2.4. of the City and, ,,: teoO\spen. , ,For,.",.,'~' ,rth ""er .' ' 1n',fO,nn, atl,O"n, ..',,".',','..'..., .at", ' t Jam, es U, nd, t at the. City 'of Aspen Com ity Develop~nt De- ~, 130 S: Galena 1,'WSpen, CO. (970) 920- 5095, jaIties)@C1.aspen. ,'us; ',. s/Jasmlne Tygre__ Chair. Aspen Plannlh$ ~d Zoning Commission Pub\l~hed In The Aspen Times on March 6. 2004. (1283) ~ WITNESS MY HAND AND OFFICIAL SEAL My commission expires: 7' 1;2:3/ c:f7:7 9-- ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BYMAIL ~ UNITED SmTES ... POSTIlL SERVICE ***** WELCOME TO ***** BASALT POST OFFICE BASALTA CO 81621-9998 02/20/04 12:22PM Store USPS Trans 10 Wkstn sys5003 Cashier KM6BFT Cashier's Name RACHEL Stock Unit Id WINRACHEL PO Phone Number 970-927-3891 USPS # 0723550530 1.7.40 Flag DblS Bk 7.40 2. 7.40 Flag DblS Bk 7.40 3. 7.40 Flag DblS Bk 7.40 4. 37c Dist Col PSA 0.74 2 @ 0.37 Subtotal /! ~22.94 Total ~~~ _ 22.94 '\ \(0:J(~<; MasterCard \JJa \ ~ 22.94 <23-903033439-97> MasterCard ACCT. NUMBER EXP CLERK 10 XXX X XXXX XXXX 3404 01/07 04 AUTH 026625 CREDIT TRANS # 060 REFUNDS ONLY PER DMM P014 Order stamps at USPS.com/shop or call 1-800-Stamp24. Go to USPS.com/clicknship to print shipping labels with postage. For other information call 1-800-ASK-USPS. Number of Items Sold: 5 Thank You Please come again! t, , f~'~ ~j= ~.~ --- .- \~ r~j= . I~r It) co ~ U) ..... ~ l5 ~co I i- Ceo ~~ U)o 0 U)O I ~ - - 0 0 1ft Z co 0 ~~('I)o- CI)~O~ Z <( It) =tl: i W.o >- <(N~ as D.ZO) Q. !!l ~. g ~ ....... .... o.c ILC) <( U OJ: CI)~ I- W as :) :) E ~',fi Z CD 1::0 ~ ~ ue ~ ~ CI) (5 "~~ ?..' .... I--- ~ 0 e (~' {\ 'S '0:( 0 ,\,.. ,~~ II .-"'\ ; ,r"<,.\ ~ ,j l ~J ...,~ :.ti i CD ~ cu cD .g ~ ~ a.: :! - ....,..... '..., " ....: ,~ / '., u ,. u ! \, '0:( - :c a i \ SS f/ fIJ ~ I-- ~ s::. \ >- .c i V\ ::::; i ~ ~ (::. ~":\ '2 ca (~ (; 8- 6 \... \ ~~~, ...\.";'J E i 0 ~ \ \,.J u c:: "Ie ,~ ~ - :8 "' \ ~ .! .@- ~ 1"-':'. / I- t; ci u ~ 0 ! \ \'\ :) :E ti (.~ ~ // fIJ ~......... ......,... -~~ "8 - ~ ~ Q .f~ i "'~ c i ~ i ~ ~. '0 :~ fi fIJ E .t 'ii U I ~ .,.'.- ~ 0 'ci ~~ U1 CO IV) N ~ (~ .. \ '.'-. '.,1 -........ ~, \i CD 1ii c ::J ~ ~ c:: t\1 .: 0 z li ~ 'E .-' 0 ~ fIJ .-,.- -~ CD :I E {!. i ! '0 '0 :;, ~ ~ 0 , _r~' t ~ ATTACHMENT 7 AFFIDA vir OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: vl V W. yY)t\,.Uf) ~+Ve~+ . SCHEDULED PUBLIC HEARING DATE: rY/f.lY I If I h1aA.- (}i- , Aspen, CO ,2001:: STATE OF COLORADO ) ) S5. County of Pitkin ) I, :Ten n lfw PtuY L (name, 'please print) being or' repres~nting an Applicant to the City of Aspen, Colorado, hereby personally certify that I have conlplied with the public,notice requirements of Sectio]126.304.060 (E) of the Aspe~ Land. Use Code in the follOwing manner: , ~ Publication of noti~e: 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. ~ Pos.ting of notice: By posting of notice, which forrri was'obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not' less than one inch in height. Said nptice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the l!.. day of YVl(,lVc:..J\ , 200~, to and including the date and tilne of the public hearing. ,A photograp~ of the posted notice (sign) is attached hereto. I - --- -- ----.~----- - ~ Mailing of notice. By the nlailing ofa notice obtained froln the C0ITl111unity . Development Departlnent, which contains the information described in Section 26.304.06Q(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or Inailed by first class postage' prepaid U.S. nlail to any federal agency, state, coUnty, municipal govenunent,. school, service district or other governmental or quasi-govenunental agency that owns property within three hundred (300) feet of the property subject to the developlnent application. The names and addresses of propeliy owners shall be those on the current tax recotds of Pitkin ~ounty as they appeared ~10 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) Jam Free Printing Use Averyf!j TEMPLATE 5160f!j ALPINE BANK ASPEN 600 E HOPKINS AVE ASPEN, CO 81611 ASPEN HISTORICAL SOCIETY 620 W BLEEKER ST ASPEN, CO 81611 ASPEN ULLR HOUSING LLC 120 E MAIN ST ASPEN, CO 81611 CITY OF ASPEN 130 S GALENA ST ASPEN, CO 81611 CROCKETT ANN R TRUSTEE PRICE LIVING TRUST 10898 MORA DR LOS ALTOS HILLS, CA 94024 DUNSDON S MICHAELE BORKENHAGEN DAVID A 617W MAIN ST #0 ASPEN, CO 81611-1619 FISHER DONNA S 605 W MAIN ST PENTHOUSE B ASPEN, CO 81611 HAISFIELD MICHAEL DOUGLAS & LISA YERKE 616 W HOPKINS ASPEN, CO 81611 HOTEL ASPEN CONDOMINIUM ASSOCIATION 600 E HOPKINS AVE STE 304 ASPEN, CO 81611 - www.avery.com 1-800-GO-AVERY ,~ I""'" - '""",,.. 635 WEST BLEEKER LLC 635 W BLEEKER ST ASPEN, c6 81611 ANSON WESTON T & SUSAN BAILEY 8030 EL PASEO GRANDE LA JOLLA, CA 92037 ASPEN HOUSING LLC 233 MILWAUKEE ST DENVER, CO 80206 BERR LLC 611 W MAIN ST ASPEN, CO 81611 COSCARELLO ROBERT & ELIZABETH 627 W MAIN ASPEN, CO 81611 DART ELIZABETH RODWELL 633 W MAIN ST ASPEN, CO 81611 FELD ANNE S 1700 PACIFIC AVE STE 4100 DALLAS, TX 75201 FRANCIS TIMOTHY P & MARY VIRGINIA 711 W BLEEKER ASPEN, CO 81611 HAYES MARY FAMILY PTNSP L TO PO BOX 497 ASPEN, CO 81612 HUNTINGTON TRUST CO NA TRUSTEE C/O CUNNINGHAM BROKERAGE CO 2461 F 1/4 RD GRAND JUNCTION, CO 81505 \i\ AVERY@ 5160~ ALLEN DOUGLAS P 520 E COOPER AVE STE 230 ASPEN, CO 81611 AOYAMA TETSUJI & AKIKO 6105 NE KESWICK DR SEATTLE, WA 98105-2049 ASPEN SQUARE CONDOMINIUM ASSOI 617 E COOPER AVE ASPEN, CO 81611 BONE RANDALL 507 GILLESPIE ASPEN, CO 81611 COULTER GLYNNIE PO BOX L3 ASPEN, CO 81612 DESTINATION RESORT MGMT INC 610 WEST END ST ASPEN, CO 81611 FERGUS ELIZABETH DAWSON PO BOX 1515 ASPEN, CO 81612 FRIAS PROPERTIES OF ASPEN LLC 730 E DURANT ASPEN, CO 81611 HERNANDEZ LORENE & CECIL M PO BOX 1045 ASPEN, CO 81612 IGLEHART JIM 610 W HALLAM ST ASPEN, CO 81611 Jam Free Printing Use Avery8 TEMPLATE 51608 IGLEHART JIM 617W MAIN ST ASPEN, CO 81611 LEVIN WILLIAM A 1 PENN PLAZA #725 NEW YORK, NY 10119 MAEWEST LLC PO BOX 3153 ASPEN, CO 81612 MOUNTAIN RESCUE ASPEN JNC 630 W MAIN ST ASPEN, CO 81611 OLSHAN BURTON D 1/2 5408 OLD LEEDS RD BIRMINGHAM, AL 35210 PEARSON MARK M & LEES M 702 W MAIN ST ASPEN, CO 81611 SCHOEBERLEIN DEBORAH & JOSEPH 659 LINCOLN AVE CARBONDALE, CO 81623 THROM DOUGLAS H 617W MAIN ST ASPEN, CO 81611 WAGNER HOLDINGS CORPORATION LLC C/O BILL POSS 605 E MAIN ST ASPEN, CO 81611 WEST ALFRED P JR & LORALEE S 12 GREENBRIAR LN PAOLI, PA 19301 - www.avery.com 1-800-GO-AVERY ~ " ,.,'# ",..,..., - KLEIN DEBBIE A COLORADO CORPORATION 546 MCSKIMMING RD ASPEN, CO 81611 LUUINVESTMENTSLLC 435 E MAIN ST ASPEN, CO 81611 MAN CLARK WILLIAM & DARLEEN TRUST 313 E BAY FRONT BALBOA ISLAND, CA 92662 NATIONWIDE THEATRES CORPORATION A CAUFORNrA CORPORA TrON 120 N ROBERTSON BLVD LOS ANGELES, CA 90048 OLSHAN BURTON D 1/2 OLSHAN KATHLEEN W 1/2 5408 OLD LEEDS RD BIRMINGHAM, AL 35210 RENO ASPEN PROPERTIES LLC 605 W MAIN ST #002 ASPEN, CO 81611 SCHROEDER SARA 634 W MAIN ST#2 ASPEN, CO 81611 ULLR HOMEOWNERS ASSOCIATION 600 E HOPKINS #304 ASPEN, CO 81611 WASHINGTON MUTUAL BANK FA PO BOX 1169 MILWAUKEE, WI 53201-1169 WIDEN SHARI PO BOX 4929 ASPEN, CO 81612 \i\ AVERY@ 5160<P> KOELLE ALICE PO BOX 2871 ASPEN, CO 81612 MADSEN MARTHA W 608 W HOPKINS AVE APT 9 ASPEN, CO 81611 MCGARVEY JAMES N JR & PAULA S 81 PONTE VEDRA BLVD PONTE VEDRA BEACH, FL 32082 NORTH AND SOUTH ASPEN llC 200 S ASPEN ST ASPEN, CO 81611 PARFET DONALD R & ANNE V 11000 RIDGEWOOD LN RICHLAND, MI 49083 RODRIGUEZ JOANN PO BOX 2296 ASPEN, CO 81612 SIVART HLDGS LTD PTNR 21 BREEZY KNOLL AVON, CT 06001 VIEIRA LINDA 50% INTEREST HALL TERESA 50% INTEREST 605 W MAIN ST ASPEN, CO 81611 WEIEN J ROBERT 709 W MAIN ST ASPEN, CO 81611 WINGSTONE TOY COMPANY LLC 12 GREENBRIAR LN PAOLI, PA 19301 Jam Free Printing Use Avery~ TEMPLATE 5160~ WM HOLDINGS LLC CIO KELLY MITCHELL 300 B AABC ASPEN, CO 81611 - ~I"" - YOUNG DONALD L 617W MAIN ST ASPEN, CO 81611 www.avery.coml.... "~I, 1-800-GO-AVERY ~ AVERY@ 5160~ ~ '-..... ~ ,."."..", PUBLIC NOTICE RE: 616 W. MAIN STREET PARKING WAIVER REQUEST NOTICE IS HEREBY GIVEN that a public hearing will be held on Wednesday, March 24,2004 at a meeting to begin at 5:00 p.m. before the Aspen Historic Preservation Commission, Council Chambers, City Hall, 130 S. Galena S1., Aspen, to consider an application submitted by Jennifer Park requesting approval of a parking waiver of one on-site parking space. The property subject to the request is commonly known as 616 W. Main Street and is legally described as Lot N, Block 24, of the City and Townsite of Aspen. For further information, contact James Lindt at the City of Aspen Community Development Department, 130 S. Galena S1., Aspen, CO, (970) 920-5095, jamesl@ci.aspen.co.us. s/Jasmine Tve:re Chair, Aspen Planning and Zoning Commission Published in the Aspen Times on March 6, 2004 City of Aspen Account i~ "" ""'" ~ PUBLIC NOTICE RE: 616 W. MAIN STREET CONDITIONAL USE REQUEST FOR A SHOP CRAFT INDUSTRY IN THE OFFICE ZONE DISTRICT NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, March 16,2004 at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities Room, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Jennifer Park, requesting approval of a conditional use request to operate a frame shop in the Office Zone District. The property subject to the request is commonly known as 616 W. Main Street and is legally described as Lot N, Block 24, City and Townsite of Aspen. For further information, contact James Lindt at the City of Aspen Commtmity Development Department, 130 S. Galena St., Aspen, CO, (970) 920-5095, jamesl@ci.aspen.co.us. s/Jasmine Tvue Chair, Aspen Planning and Zoning Commission Published in the Aspen Times on February 28, 2004 City of Aspen Account ~ ~ """ .... ATTACHMENT 7 AFFIDA vir OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 6/ {7 u.~ .!l1Q( ~. SCHEDULED PUBLIC HEARING DATE: ~I / G./6 U , Aspen, CO 200 ' , - STATE OF COLORADO ) ) ss. County of Pitkin ) I'~]{'e/M.~.5 L---,' ,{oJ! . .' (name, please print) being or'representing an Applicant to the City of Aspen, Colorado, hereby personally , certify that I have cOlnplied with the public notice requirements of SectioJ:l26.304.060 (E) of the Aspen: Land Use Code in the following manner: , \ ' L Publication of notic.e: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. _ Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the _ day of , 200_, to and including the date and tilne of the public hearing. ,A photograp~ of the posted notice (sign) is attached hereto. _ Mailing of notice. By the mailing ofa notice obtained from the COITll11Ullity 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. n1ail to any federal agency, state, county, municipal goverrunent, school, service district or other governmental or quasi-govermnental agency that owns property within three hundred (300) feet of the property subject to the developlnent application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared ~10 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) Rezoning or text amendment. Whenever the official zoning district n1ap is in any way to be changed or aInended 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 Inade by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate sluvey Inap or other sufficient legal description of, aI1d the notice to aI1d listing of names and addresses of owners of real propeliy in the area of the proposed chaI1ge shall be waived. However, the proposed zoning Inap 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. "2- {~HAA-I P .J~ ~,i(nature / 1(/ "'----' f / , - ~~t... I .The foregoing "Affidavit of Notice" was acknowledged be{ore me this ~ day of ~ , 200!!, by <:SO----:-S J-l~ WITNESS MY HAND AND OFFICIAL SEAL PuBLIC NOTtct:' " , , JU:: 616 W. "MAIN 5 :r CQNDITI.O~ USE ~mJlA 'INDUSTR'f1NntE OFFICE ZONE 1\I011~1S wlll be held on ~~~~ , lon, SIster Cities ~"~ St" As t, con- Ropm. CItY Hall. " , llted'~l '.'kifParlt, sider an 'llpplkatton " . >it u..'-"'i..~..."., uesr, ~ approval of ~i:on\,llt.,,_. ...... of \ 're<t.." e'a frame shop In t!te~'ZoneDl&- bt ~ , aubJect tottle~ lu:om- lr~'~~6W.MaIn.S~~ ~legally :t ~bed8s LotN,.Block 24. City and .Townslte 1- ot~~.F9f furtbef Info~l~~~~~es , Uadt'at ~ City, of As. C(J~t1nltY DeVelop- I menf~t.130 S St"AspeR.CO, 11 (970) 92();S095.}ames . ". ~n.cosJ':s.rilrieTy~ Chair. Aspen P .,' ' and Zon\ng(OnJmIU': Published In The Aspen TImes on February , ' 2004. (1261) My commission expires: ~~~ Notary Public ATTACHMENTS: COpy OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BYMAIL FEB-IO-2004 TUE 01: 10 PM ~ FAX NO. ~ ~ P. 03 ~ F,: 1/ 0 uf- CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT CITY OF ASPEN (hereinafter CITY) and ::re.nn l~"'" Po..v "- (hereinafter APPLICANT) AGREE AS FOLLOWS: J.. APPLICANT ,bas subnlitteq to CITY,an application for k f\ 0 col-1dtl-,ovw Ll':A.. at (Pl(p W. mQA%) I Lor tV \ BIDc., ~'-I-) I;S~I C (hereinafter. THE PROJECT). 2. APl>LICANT undentallds and agrees that City of Aspen Ordinance No. 57 (Serks of 2000) establishes a fee structure for Land Use applicatio... and the paynient of aU processing rees i.I a condition precedent to a determination of application completetltss. 3. APPLICANT and CrIY a[;Ice that. because of lbe size, mlure or scopc of the proPO$ed ptojec~ il is not possible at This time to ascerlal11lhe full extent of the COSls lnvolYed in processing the application. APPLICAN'f lllId CITY funhct agree that it is in the inleresl of the parties tbat APPLICANT make payment of an initilll deposit alld to thereafter permit additional cOSls to be billed to APPLICANT on a monthly basis. ., APPLICANT agrees additional costs may accrue fOllOwing their heanng; and/or approval~. APPLICANT agrees he will be benetited by retaining gmrer cosh liquidity and Will I114lkc addition.l p' yments Ilpon notification by the CITY when they are lItCessary ;IS COSIs are incurred. CITY &grnes it will be bencflted through the grealer cettalnty of" recovcring its full costs to process APPLICANT'S application. . 4, CiTY and APPl.ICANT further agreetbat it is illlpmctic:>ble for CITY stuff to compMc ptocessi~ or present sufiicieru information to [he Plilnning Commission aiJ.d1or City Council to enable: the Planning Commission andlot City Couocil to make legaUy required IindinSS for project conside,ation, unless current billings arc paid in full prior to decision. 5, 1'herefure, APPLlCi\N1' agrees that hi consideration of the CITY's waiver of its right to collect full fees prior to a de!ermination of application COmplelcllCSS, APPLICANT shall pay an initi.1 deposit in the llmOunl ofsBlD, ro which is for...JR hours of CommunitY Doveloptll<.'l1t slaft time, ani! if aclual recorded costs excced !he lnitialdepo.i~ APPLICANT shall p.y additloll111 monthly billings to CITY to reimburse the CITY for the processing of the application "",ntiuned above, Including pOst approval review at a tatQ of $205,00 per planner hour OV~'l' the initial deposit. Such periodic payments sball be made within 30 days of the billing date. APPLICANT funhcr agrees thaI failure [0 pay such a.~crucd cOsts sh:t11 bu grounds for suspension of processing, and in no case will building permits be issued until all costs associat~d with ca~o processing hnve been paid. CITY OF ASl~EN By: Julie Ann \Voods COlllftlunity Development Director APPI"ICANT By: uennlfcv Pa.vl</~~ Date: ~. 10 . 04 g :\.support'forms\agrpayas.tl oc: 6/05103 Billing Addres$ and Tc:lephone Number: N.eauim Fb 50x l~~ 8ab().,l t J CD (? I ~iJ-1 eno. q 1I3 . oQ,5 FEB-IO-2004 TUE 01:10 PM ~ FAX NO. P, 03 ~ ............ rl~ 1/ 0 Ut-- CITY O'F ASPEN COMMUNITY DEVELOPMENT DEPARTMENT CITY OF ASPEN (hereinafter CITY) and :::re.nn l ~Y" Po.v k:. (he~innfter APPLICANT) AGREE AS FOLLOWS: J.. AP PLICANT b:1S subInitteq to CITY. an application for k I I A /'0 COVld thOl"W l..l'ill.. ot (p I (p W. m Q..U-l ,UJT t-J . \31 D0 ~-r J S WI, v (hereinafter, THE PROJECT), 2. APPl.ICANT undcrstalids and agrees that City of Aspen Ordinance No. 57 (Series of 2000) tS14bli.shes a ree structure for Land Use applications and the paynienl ot aU processing rees ia a condition precedent to 11 determinatioll of application compl~teatss, 3. APPLICANT and CITY ai:foe that.because of the size, natwc or scope of the ptOpO$ed proj<<1, il is nul possible at this time to as=!n the full exlent of rhe costs involyed in Ptocessing Ihe application. APPLICANT and CITY futther agree thaI it is in the interesl of the parties that APPLICANT make paym<:1lt of an initial deposit aJld to themfter permil additional cosu to he billed to APPLICANT on · monthly basis. .. APPLICANT asre<!S additional CO$!s may accrue following their hearingt llIIdIor Zlpprovalx. APPLICANT agcees ho will be benefited by tetaining gfeater cash liquidity and Will I1'Ulk~ additio...t payments lIpon notification by the CITY when thay an: necessary as CQ.!1s ate incurred. CITY agrees it will b. ben.fired throogh the greater certainty of: J'e<)overing its full Costs to prOCess APPLICANT'S application. . 4. CITY and APPLICANT further agree thallI is impractic:oble fOt CITY stnf.fto cemplete prQcessing or prcsent sufficient information to rhe Planning Conunissioll ~d1or City Council to enl1blt: the Planning Coma.wion and/or City Council to malee lc~.U1 required lindin:s for project consldffltion, unless current billings arc paid in full prior to decision. 5. Therefore, APPLICANT agre.s that in considoration of the CITY's waiver of ils right to collecl full fees prior to a determimtion of application cOlllph,te""ss, APPLICANT shall pay an initial deposit in die amounl 0($1310. CO which is for -JR hours of CommunitY DevelopJl!.Cnt staff lime, and if actual recorded costs exceed the initial dcpo'i~ APPLICANT shall pay additionallllOnthly billing. to CITY to reimburse the CITY for the processing ofthc application mr:ntioned ahove, including pOst approval review at:1 ratc of$205.00 per pI:Ulner hour OVl.'l' the initial deposit. Such periodic payments shall be made within 30 cf4ys of the billing ,u"e. APPLICANT futthcr agrees thai failure [Q pay such rlcc:rucd COsts sh~l1 bt! grounds for suspension of processing. and in no case will building permits be issued until all costs aS$ociat~d With ca~o processing hnve been paId. CITY OF ASPEN By: Julie Ann Woods COIUJllUnity Development Dir&etor A}>PI"ICANT By: iTennlfcv PaYk/~~ Date: ~. 10 . 04 g:\support\forms\agrpayas.doc: 610Sl0J Billing Address and Telephone Number: ReauiL.!!! 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