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HomeMy WebLinkAboutcoa.lu.cu.132 W Main St.0007-04 RESOLUTION NO. -li(} (SERIES OF 2004) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING A CONDITIONAL USE TO OPERATE A FURNITURE STORE/SHOWROOM AT 132 WEST MAIN STREET, UNIT B, AJAX VIEW COMMERCIAL CONDOMINIUMS, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID#2735-124- 77 -002 WHEREAS, the Community Development Department received an application from Hardwood House, LLC, requesting and a conditional use approval to operate a furniture store/showroom at 132 W. Main Street; and, WHEREAS, pursuant to Section 26.71O.330(C)(l) 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, 132 W. Main Street is located in the Office Zone District and is designated on the Aspen Inventory of Historically Designated Sites and Structures; 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 April 6, 2004, the Planning and Zoning Commission approved, by a _ to _ L-_) vote, a conditional use request to operate a furniture store/showroom at 132 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 a furniture store/showroom at 132 W. Main Street is hereby approved subject to the following conditions. I. The Applicant shall offer free bus passes to employees of this establishment that live outside of Aspen as was offered in the application. 2. 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. 3. The Applicant shall apply for and obtain a City of Aspen Business license prior to commencing commercial operations. 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 April 6, 2004. APPROVED AS TO FORM: PLANNING AND COMMISSION: ZONING City Attorney Jasmine Tygre, Chair ATTEST: Jackie Lothian, Deputy City Clerk ~ c.", EXHIBIT A 132 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 office space 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 existing retail uses. That being the case, Staff feels that this additional retail establishment 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 ",.""" ........ Staff Finding As was discussed earlier in the memorandum, Staff feels that sufficient on-site parking and trash disposal exists to accommodate the proposed use. Moreover, in reviewing the characteristics of the proposed use, Staff does not is anticipate the use to generate excessive noise, vibrations, or odor on surrounding properties. Therefore, 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, the Applicant is not proposing to add net leasable square footage since the space currently contains an office use, which already counts towards net leasable floor area by definition of the City Land Use Code. Moreover, the proposal does not require a GMQS exemption for a change in use because the previous office use and the proposed commercial use are considered to be in the same use category for purposes of determining whether a change in use is required pursuant to Land Use Code Section 26.470.070(F), Change in use. Therefore, Staff believes that no employee housing mitigation is required to convert the existing office space into a furniture store. Staff finds this criterion not to b applicable to this application. fl-'" CX/l/hJ /' " " .- ATTACHMENT 2 -LAND USE APPLICATION ApPLICANT: Name: ~A. r6lAJO,),-1 t{Tll)-;L. LLL.. , Location: 13.<) W,z-S-t ~'-I"', q~. ~tJ A'O'? "R (Indicate street address, lot & block number, legal descri tion where appropriate) Parcel ill # (REQUIRED) c)J,- '- . !.~. ,(. :). ((". REPRESENTATIVE: Name: -::5f.cAL l-l tu D (,'- Po py-,)( p.. no q 7.0'" 0, <f<{- ....., F "-'.;:l.. /.. b~ Address: Phone #: LJ <;.tJ.!,.-, LU v ' ?/t;12 PROJECT: Name: 1:3,) LJ?...:">+ ('!JeLtn. SU1-fe.. 'R - -:S!JL)/.,HCh>Jf>'.- Address: ~A I'f!.k Phone #: "7 7 cJ ~ '"11:;(- Z5.) ;). TYPE OF APPLICATION: (please check all that apply): ~ Conditional Use D Conceptual PUD D Conceptual Historic Devt. D Special Review D Final PUD (& PUD Amendment) D Final Historic Development D Design Review Appeal D Conceptual SPA D Minor Historic Devt. D GMQS Allotment D Final SPA (& SPA Amendment) D Historic Demolition D GMQS Exemption D Subdivision D Historic DeSIgnation D ESA - 8040 Greenline, Stream D Subdivision Exemption (includes 0 Small Lodge ConversioN I Margin, Hallam Lake Bluff, condominiumization) Expansion Motmtain View Plane D Lot Split D Temporary Use D Other: D Lot Line Ad'ustment D TexVMa Amendment EXISTING CONDITIONS: (descri tion of existin ~~"'/~ ~~/1 "?An~n.' ",+:.(;ru '~,l.tA &I/~,..-",--~Af.:t.. rL'k""cIJ-IJ/''-''I/3.~1 II~_"';". PROPOSAL: (description of proposed buildings, uses, modifications, etc.) W", Ii 'h:> I~';po-'- 1k2. ~yhOC~7 -?/' ""- ..f:,"r> ,k...-!'_ ,hL':':U roc"'S~ - <:,.. OrDr'~("".J, / f ' Have you attached the following? FEES DUE: $ 13//J /:y;> IJ2(Pre-Application Conference Summary g'" Attachment # I, Signed Fee Agreement g-'Response to Attachment #3, Dimensional Requirements Form Q-'Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards All plans that are larger than 8.5" x 11" must he folded and a floppy disk with an electronic copy of all written text (Microsoft Word Format) must be submitted as part of the application. ~ ,- - CITY OF ASPEN PRE.APPLlCATION CONFERENCE SUMMARY PLANNER: PROJECT: REPRESENTATIVE: OWNER: TYPE OF APPLICATION: DESCRIPTION: James Lindt, 920.5095 132 W. Main Street Conditional Use DATE: 2/18/04 Steve Hajdu Conditional Use for a Fumiture Store The Applicant would like to convert an existing office space into a furniture store, which is a conditional use in the Office Zone District in historic buildings. Land Use Code Section(s) 26.425 Conditional Uses 26.710.180 Office Zone District Review by: . Staff for completeness and recommendation. . DRC for technical considerations. . Planning and Zoning Commission. Public Hearing: Referral Agencies: Planning Fees: Total Deposit: Yes. Planning and Zoning Commission. Planning Deposit ($1,310 for 6 hours of staff time) $1310 (additional planning hours over deposit amount are billed at a rate of $220/hour) To apply, submit the following information: I. Proof of ownership or letter of consent to apply from building owner. 2, Signed fee agreement. 3. Applicant's name, address and telephone number in a letter signed by the applicant which states the name, address and telephone number of the representative authorized to act on behalf of the applicant. 4. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 5. Total deposit for review of the application. 6. 10 Copies of the complete application packet and maps. 7. An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen. 8. Site Plan to show on-site parking situation. 9. Scaled Floor Plans showing the proposed use configuration within the existing structure. 10. A written description of the proposal and an explanation in written form of how the proposed development complies with the review standards relevant to the development application. Please include existing conditions as well as proposed. Please provide a written response to all criteria. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the Ciry. The summary is based on current zoning, which is subject to change in the future and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. '~ ,....., - CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Aereement for Pavment of Citv of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and j..j1\({l~A ~,:.y:--? /1 ('. (hereinafter APPLICANT) AGREE AS FOLLOWS: APPLICANT has submitted to C;..TY an applicatio-\. for .cL~",.L 'h".-i.l-\ U..",,"_ ~ "'. (hereinafter, THE PROJECT). 1. 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000) establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, It IS not possible at this time to ascertain the full extent of the costs involved in processing the application, APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred, CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $ I Sol D . <>i/ which is for _0 hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of$205.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN APPLICANT By: By:d Julie Ann Woods Community Development Director Date: '7- 2.<;). 6,1 , Mailing Address: i4~~~'() ) /;)..l70 Co KICl/J., 'PI') KD']( g:\supportlformslagrpayas.doc 1/10/01 ,', ~, ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: Applicant: Location: Zone District: Lot Size: Lot Area: I 3..:2 tJi?~~1 1f'1b.,rI} <.i~Jk... IS <"hL)WrVDf'^- HA<,d~DA 110;.1";,,'., I U' . I .'I.,~ 1";",&-1 In.~", <;L, $... . -k.. ::f'(, o(i;;r-q. :) (for the purpos s of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Number ofresidential units: Number of bedrooms: Existing: Existing: Existing: 1 Lob -:I Proposed: Proposed: Proposed: qfd)s{ Proposed % of demolition (Historic properties only): 0 DIMENSIONS: Floor Area: Existing: '1l"" .A" Allowable: ql:iXf Proposed:Cfi/5 ~ Principal bldg. height: Existing: Allowable: Proposed: Access. bldg. height: Existing: Allowable: Proposed: On-Site parking: Existing: i(O Required: '3 Proposed: -~ % Site coverage: Existing: Required: Proposed: % Open Space: Existing: Required: Proposed: Front Setback: Existing: Required: Proposed: Rear Setback: Existing: Required: Proposed: Combined FIR: Existing: Required: Proposed: Side Setback: Existing: Required: Proposed: Side Setback: Existing: Required: Proposed: Combined Sides: Existing: Required: Proposed: Distance Between Existing Required: Proposed:_ Buildings Existing non-conformities or encroachments: ;JoNP Variations requested: AI/"rf>.e . I'~ BROOMFIELD MAIN 7 HOLDINGS MAIN NO. 426 11:59 " " -, 'e .....,-~. CORNER)lONE , February 20, 2004 Mr. James Lindt City of Aspen 130 S. Galena Aspen, Colorado 81611 Dear Mr. Lindt: As an officer of the owner ofthe real property located at 132 West Main Street, in Aspen, Colorado, I hereby consent to the submission and processing of the Hardwood House, LLC conditional use permit for 132 West Main Suite B, which accompanies this letter. Steve Hajdu will be the representative for Hardwood House, liC relating to this application. Should you have any questions or comments, please do not hesitate to contact Steve at (970) 948-2522. Thank you for your consideration of this Application. Sincerely, " 132 West Main Associates, Inc. ~~ Patrick M. 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II " ii Ii .c' '". ' ,1/-'\ lI-'- !~) j i ./ ~ "/' ;;r-- f.!.J. n1AIAJ SUlk. E '': 6 "-" $-"4 ~:TL r: t ~ ,". '?'"~.. !n'\-~.--, ----~ / ~........; ,/',- ,-~'" -- ~ ~q <", r /011-'-' ,- ., ...)0. -.---~' Lt~~! -.3'.- ^ f"'" ;\: );;11:~\ \ L" .."'t....., I: dir..! \ \--li ;H 2:~1 I r., ; W4 ~. I . \ 4--' (?) ;1...'] _I ___...-f..- -i-rffi :~\ :101 J..lDI , 0_ TYPE 001 , 002 , 003 , "'" . '006 , 006 , 001 C 008 C ... , 01. A ';'''11 , '012 , 0\3 H ,014- , 015 , 01. , O!7 (llS , (;l9 , .' 020 H '0' A '02 A ,"3 A 'll4 A >OS A ",Il C '01 '08 @ , ; , i I I 1 i \ ,-s-<t"', r. ,~' ,-.. - Hardwood House, LLC PO Box 12170 Aspen, CO 81612 February 20, 2004 James Lindt Planning and Zoning Commission City of Aspen RE: 132 West Main Suite B Cond~ional Use Permit Submitted by: Hardwood House, LLC. Existing Conditions The existing space at 132 West Main Street, Suite B contains 960 square feet of office space and is currently being leased by a real estate developer. All infrastructure, utilities, parking, entries, and sidewalks are in place, Hardwood House has negotiated a lease with the current landlord to rent the space for a new showroom. As per the current zoning, a conditional use permit is required to operate a furniture store. Hardwood House has been manufacturing high end custom fumiture per original designs or designs supplied by customers, architects, and designers for the past 5 years. Example items include bedroom sets, dining tables and chairs, pool tables, office desks, and console tables. The manufacturing facility is located in Carbondale. Proposed Conditions Hardwood House is not requesting any changes to the location, size, design and operating characteristics of 132 West Main Street, Suite B. Existing sidewalks, entries, parking, and trash will have minimal to no impact on the surrounding properties once the real estate developer moves out. The space is approximately 960 square feet and has its own entry facing main street. It is our intent to develop the business by interacting with the existing businesses in the surrounding area. These businesses include JH Interior Design located on 220 West Main who is an eXisting Hardwood House customer. Due to the nature of the business, daily traffic will be minimal and will only require one sales employee. Parking Customers will have access to 16 off-street spaces for parking on the back and side of the building. Of the 16 off-street spaces, 5 are reserved. The other 11 are on a first come first serve until approximately 5:00 PM. After 5:00, the building is usually closed and all 16 will be available. The building is also closed on weekends and the parking spaces are normally empty. In addition, there is 2 hour parking on Main and 1st. Most customer visits are estimated to be less than thirty minutes. Employees will park in one of the off-street spaces and will be offered a bus pass if they live down valley. Hours of Operation Showroom hours will be from Monday through Saturday between the hours of 10:00 am and 6:00 pm. Sunday hours will be from noon to 5:00 pm. Off season hours will be by appointment only. ......... ~- " . Page 2 February 20, 2004 Zoning Analysis 132 West main Street is zoned as Office - (0) based on information received by the City of Aspen. Conditional uses include but not limited to: Those structures that have received historic landmark designation: antique store, art studio, bakery, bed and breakfast, boarding house, broadcasting station, church, dance studio, florist, fratemallodge, furniture store, mortuary, music studio, restaurant, shop craft industry, visual arts gallery; provided that (a) no more than two (2) such conditional uses shall be allowed in each structure, and (b) off-street parking is provided. There are currently no other conditional uses in the building. Thank you for your consideration in this request. Sincerely, ~//l ~ Steve Hajdu Managing Member Hardwood House, LLC, "......... Conditional Use Permit For 132 West Main Street, Suite B Submitted by Hardwood House, LLC. 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 The subject property is zoned as Office and is intended to provide for the establishment of offices and associated commercial uses in such a way to preserve the visual scale and character of former residential areas that are now adjacent to commercial and business areas and commercial uses along Main Street and other high-volume thoroughfares. The conditional use permit being requested by Hardwood House is incompliance with the Aspen Area Community Plan with respect to the operating characteristics of the business. The requested permit is to allow a showroom to promote/sell the companies unique furnishings to designers, architects, and homeowners. Part of the showroom will be used for meetings with neighboring businesses such as designers, real estate brokers, and developers. 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 Neighboring businesses to the subject property include JH Todd Interior Design (an existing customer of Hardwood House), Houston and Gorog Real Estate, Carol Dopkin Real Estate, Scott Alder Dentistry, The Hotel Aspen, and Tyrolean Lodge. The conditional use permit for Hardwood House is consistent and compatible with the surrounding land uses. It is also believed that an approved permit will enhance and compliment the surrounding businesses. 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 Hardwood House is not requesting any changes to the location, size, design and operating characteristics of 132 West Main Street, Suite B. Existing sidewalks, entries, parking, and trash will have minimal to no impact on the surrounding properties once the current tenant moves out. The operation of the proposed showroom will have no impact of the current delivery services, noise, vibrations, and odor on the surrounding properties. ...- ,... Conditional Use Permit For 132 West Main Street, Suite B Submitted by Hardwood House, LLC. 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 An approved conditional use permit for Hardwood House will not impact the current public facilities and services that are already in place for 132 West Main, Suite B. E. The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use; and Applicant is exempt from providing affordable housing as per the historic bnilding guidelines. The Community Development Director may recommend, and the Planning and Zoning Commission may impose such conditions on a conditional use that are necessary to maintain the integrity of the city's zone districts and to ensure the conditional use complies with the purposes of the Aspen Area Community Plan, this Chapter, and this Title; is compatible with surrounding land uses; and is served by adequate public facilities. This includes, but is not limited to imposing conditions on size, bulk, location, open space, landscaping, buffering, lighting, signage, off-street parking and other similar design features, the construction of public facilities to serve the conditional use, and limitations on the operating characteristics, hours of operation, and duration of the conditional use. 1 C W. Main Vicinity::..4lap j' vi " .-(""\!- \, . N o 135 270 540 810 1,080 Feet ,;'-" .- , ; _~ ;1: ...... AGENDA ASPEN PLANNING AND ZONING COMMISSION REGULAR MEETING TUESDAY, APRIL 6, 2004 4:30 PM SISTER CITIES ROOM, CITY HALL I. COMMENTS A. Commissioners B. Planning Staff C. Public II. MINUTES III. DECLARATION OF CONFLICTS OF INTERESTS IV. PLANNING AND ZONING COMMISSION PUBLIC HEARINGS A. 132 W. MAIN STREET CONDITIONAL USE, James Lindt B. . 210 SESAME STREET 8040 GREENLINE REVIEW AND SPECIAL REVIEW FOR ATTACHED ADU, Sarah Oates V. BOARD REPORTS VI. ADJOURN - ,- ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE SCHEDULED PUBLIC HEARING DATE: Aspen, CO '77 ADDRESS OF PROPERTY: I., L 200_ STATE OF COLORADO ) ) ss. County of Pitkin ) '\ ' l' I' C ! . (' U I, . l ( ,\. \ ice ~,-' ~- I (,' ('. I (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: .l 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 w~ obtained from th"e 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 Co~unity Development Department, which contains the information described m 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) ,I~ ",~c,..., " 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. ~<(e /, "'" yZ<:Jl The foregoing "Affidavit ofN,otice" was ~ledged befolie m$ day of ~d--.- ,200!i.by 00 '~ J.--.,1 WITNESS'MY HAND AND OFFICI M '.. . '11:-/ y comrmSSlOn expIres: ;;)&.-C ~.. ~ . V <:~.' Notary Public PUBLIC NOTICE RE' 132 W. MAiN Si CONDITIONAL USE RE- QUEST FOR A FURNl RE STORE; SHOWROOM IN THE OFFleE ZONE IS1'RlCT I. NOTICE IS EBV GIVEN that a pub 1C hearlng,will,beheld n Tuesday. April 6. 2004 at a, I meeting to begin at 4:30 p.m. before the Aspen i Planning and Zoning Commission, Sister CIties I Room, City Hall, 130 S. Galena St., Aspen, to con- sider an application. submitted by Ha~wood , . House LLC, - requesting approval 01 a condltlona~ request to operate a, lurnlture storel show I n" In 'h,Offlce Zone District. The property : room, as 132 ! subject tei the request Is commonly known W. Main Street and 15 legally described as Unit B, of the Ajax View Commercial Condominiums, City and Townsite 01 Aspen. For further Inform., tion, ftact James Undt at , the City of Aspen Comm .ty Development De- partment, 130 S. Galena S 'Aspen, CO, (970) 920- 5095,jamesl@cl.aspen.c.o., s/JasmlneTygre Chair, Aspen Planning and Zoning Co.mmlsslon Published In The Aspen Times on Marc;h 20, 2004. (1338) ATTACHMENTS: COPY OF THE PUBLICATION 'RAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAlL .. . ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (El, ASPEN LAND USE CODE ADDRESS OF PROPERTY: 13~ fA )2.~ Wh.", , SCHEDULED PUBLIC HEARING DATE: L1r'" \ ~U,-k>. lS (0 , Aspen, CO ,200.1- STATE OF COLORADO ) ) ss. County of Pitkin ) I, ~\€ J.i A.'l D u. (name, please print) being orrepres~nting 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: 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 , , , _.. (15) days prior to the public hearing. A copy of the publicatio ,".ifioo;Uf/;.. v . t"")"""AT0'" '" ~ Posting of notice: By posting of notice, which form w" '"Ob",.~~ed fr,o .~, tJk:', '.' t,'; Commwnty Development Department, whIch was ma of sUttable,: ~) waterproof materials, winch was not less than twenty- . (22) inches .wid~' !' and twenty-six (26) inches high, and which was composed.oflettersdot ....'.,- less tllan one inch in height. Said notice was posted at least fifteen (tS} days prior to the public hearing and was continuously visible from the ..t.f."day of 'jNl-A....c\r.. , 200!j..~.., to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. , , ~.. ----- -- -- .__n__ ,1 " Mailing of notice. By the mailing of a notice obtained from the Community ~ Development Department, which contains tile 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 govemmental 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) Jam Free Printing Use Averyl!> TEMPlATE 51601!> ASPEN CLINIC BLDG ORTH GRP LLC 100 E MAIN ST ASPEN. CO 81611 ASPENS MOLLY GIBSON LODGE LLC 101 W MAIN ST ASPEN, CO 81611 BROWN ANTHONY CIO VECTRA BANK-COMM LENDER 534 E HYMAN AVE ASPEN, CO 81611 CHISHOLM EDITH 1/2 INT 205 W MAIN ST ASPEN. CO 81611 CRAWFORD RANDALL & ABIGAIL 124 N GARMISCH ST ASPEN, CO 81611 DIMITRIUS RALlI 200 S SIERRA MADRE BLVD PASADENA. CA 91101-4100 GARCIA STEVEN J 310 MIDLAND AVE ASPEN, CO 81611 HOTEL ASPEN L TO CIO ASPEN GROUP 600 E HOPKINS ASPEN. CO 81611 KING LOUISE LLC PO BOX 1467 BASALT CO 81621 LUBIN RICHARD G 1217 S FLAGLER DR2ND FL FLAGLER PLAZA WEST PALM BEACH. FL 33401 iIl09~S @AUaJ\V @ "..... ,,~ - www.avery.com 1-800-GQ-AVERY - ASPEN HOTEL ASSOCIATES LLC C/O VETRA BNK-COMM LENDER 534 E HYMAN ASPEN, CO 81611 BERNSTEIN ARNOLD A & POLLY A TRST ARNOLD & POLLY BERNSTEIN 1870 JACKSON ST #304 SAN FRANCISCO, CA 94109 BROWN MICHAEL H C/O VECTRA BANK-COMM LENDER 534 E HYMAN AVE ASPEN, CO 81611 CITY OF ASPEN 130 S GALENA ST ASPEN,CO 81611 DAVIS WILLIAM LLOYD TRSTE 4924 BAlBOA BLVD #489 ENCINO. CA 91316 FRIEDLANDER & SINGER L TD PO BOX 197 5-11 ST GEORGES ST DOUGLAS ISLE OF MAN. HAUGLAND HELENE L & DOUGLAS J 225 PLANTATION CIR PONTE VEDRA BEACH, FL 32082-3926 HOTEL ASPEN L TO C/O VECTRA BANK-COMM LENDER 534 E HYMAN AVE ASPEN. CO 81611 LANDIS CAROLYN 128 N GARMISCH ST ASPEN, CO 81611 M D W ENTERPRISES INC COLORADO CORPORATION 233 W BLEEKER ASPEN, CO 81611 A1I3^'<f-09-OOS-~ wO)',(jfMe'MMM - - , .~ @ AVERY@ 516011> ASPEN MAIN LP C/O MR H SCHMIDT PO BOX 2768 ASPEN. CO 81612 BRONSON PHYLLIS J PO BOX 11389 ASPEN. CO 81612 BUCHHOLZ EARL H & MARILYN E C/O SWAIM BROWN & ELLIOTT PA PO BOX 6404 SPART ANBURG. SC 29304 CLARK J THOMAS 129 W BLEEKER ST ASPEN, CO 81611 DEWOLF NICHOLAS 233 W BLEEKER ST ASPEN, CO 81611 FRINK ALBERT A TRUST 9 OCEANCREST NEWPORT COAST. CA 92657-1802 HITE HENRY H & ANGELA R PO BOX 155 WOODY CREEK, CO 81656 KETTELKAMP GRETT A M 3408 MORRIS AVE PUEBLO, CO 81008 lISS ARTHUR 250 MARTIN ST STE 100 BIRMINGHAM, MI 48009-3383 MARCIANO JAMES L PO BOX 216 THREE BRIDGES, NJ 08887 I!>09~S iL'<fldWiL iIl1U8A'<f .'0 6u!lU!Jd aaJ:I wet Jam Free Printing Use Averye TEMPLATE 516041> MELTON DAVID 135 W MAIN ST ASPEN, CO 81611 PARDUBA JIRI PO BOX 9903 ASPEN. CO 81612 SAUNDERS MARGARET W 231 ENCINO AVE SAN ANTONIO, TX 74609 SHAFIR EPSTEIN REV TRUST 2/24/03 38 BIGELOW AVE MILL VALLEY. CA 94941 TYROLEAN LODGE LLC 200 W MAIN ST ASPEN. CO 81611 ZATS JULIE 118 N GARMISCH ASPEN, CO 81611 4Il09~S @.u!aJ\Y ~ 1'"', ......,., - www.avery.com 1-Boo-6Q-AVERY - MONMOUTH SHIRE INVESTMENT LLC 112 N FIRST ST #C ATTN: BART & OTTEN JOHNSON ASPEN. CO 81611 PIETRZAK FAMILY L TO PARTNERSHIP COLORADO L TD PARTNERSHIP 1796 E SOPRIS CREEK RD BASALT. CO 81621 SCHELLING RONALD L & LORI L PO BOX 343 PLAINFIELD. IL 60544-0343 SILVERSTEIN PHILIP SILVERSTEIN ROSALYN 25 KNOLLS CRESCENT BRONX, NY 10463 WEESE KATE B IRV TRST 2 314 W WILLOW RD CHICAGO,IL 60614 AH3Nc'-o91l01N wo).,t,a^e"MMM - - @ AVERY@ 5160@ NEWKAM CLAIRE M PO BOX 2808 ASPEN, CO 81612 PRICE DOUGLAS L AND VALERIE 8611 MELWOOD RD BETHESDA. MD 20817 SEVEN SEAS INVESTMENT LLC 1017 ELMWOOD AVE WILMETTE. Il 60091 STEVENS BRUCE 95.75% 214 W BLEEKER ST ASPEN, CO 81611 WillE 0 LOUIS & FRANCES LYNETTE 32% INT 200 W MAIN ST ASPEN, CO 81611 4Il09~S 3.l.YldW3.I. ~.^\I"n 6u!lU!Jd a&J~ wer . 1- - -- I I I I I I I I I I I I I I I I I~---- I I I I I I I I I I I I I o