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HomeMy WebLinkAboutLand Use Case.465 N Mill St.A95-97 .. -""-.,,, RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING THE CONDITIONAL USE OF A YOGA STUDIO AT 465 NORTH MILL STREET, UNIT NUMBER 9, CITY OF ASPEN Resolution #98 - 2 WHEREAS, the Community Development Department received an application from Bel Carpenter, representing Mill Street Venture, owner, for conditional use approval for a yoga studio at 465 North Mill Street, unit number 9; and, WHEREAS, the Community Development Director has interpreted a yoga studio to be most similar in use to a dance studio or martial arts studio; and, WHEREAS, the subject parcel is located in the Service/CommerciallIndustrial Zone District in which both a dance studio and martial arts studio are conditional uses which may be approved by the Planning and Zoning Commission pursuant to Section 26.60 of the Municipal Code; and, WHEREAS, the Housing Office, City Engineering, and the Community Development Department reviewed the proposal and recommended approval with conditions; and, WHEREAS, during a public hearing at a regular meeting on January 20, 1998, the Planning and Zoning Commission approved by a 6-0 vote the Conditional Use for a yoga studio to be located at 465 North Mill Street, unit number 9, with the conditions recommended by the Community Development Department. NOW, THEREFORE BE IT RESOLVED by the Commission: That the Conditional Use for a yoga studio at 465 North Mill Street, unit number 9, is approved with the following conditions: I. Parking for the Yoga Studio shall be limited to the existing three spaces designated to the associated unit. Additional parking demands shall be accomplished by using the excess' parking on the upper portion of the parcel, by using parking spaces on the lower portion with consent of the associated tenant, or by encouraging students to walk, use transit, or park in the City facility. 2. Any expansion or other significant change in the operation ofthis use will be subject to all applicable requirements of the Municipal Code which may include conditional use approval from the Planning and Zoning Commission. 3. The applicant shall record this Planning and Zoning Resolution with the Pitkin County Clerk and Recorder located in the Courthouse Plaza Building. There is a per page recordation fee. In the alternative, the applicant may pay this fee to the City Clerk who will record the resolution. 4. All material representations made by the applicant in the application and during public meetings with the Planning and ZOrling Commission shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. APPROVED by the Commission at its regular meeting on January 20, 1998. APPROVED AS TO FORM: Q PLANNING AND ATTEST: ZONING COMMISSION: I.~ ~,0"tUbw MEMORANDUM Date: Chris Bendon, Project Planner Nick Adeh, City Engineer ~ / Ross C. Soderstrom, Project Engineer Ie;;;- January 29, 1998 To: Thru: From: Re: Yoga College of India Conditional Use Physical Address: Legal Description: 465 N. Mill St., # 18, City of Aspen, CO N/A Parcel ill No.: N/A After reviewing the above referenced application and making a site visit, I am reporting the comments of the City Engineering Department: [Site conditions at the time of site visit: January 13, 1998; lightly snowing, 3 - 8 inches snow pack; some ground surface and features indistinguishable under snow and ice pack.] Discussion: The primary consideration for the proposed use of a yoga studio in this existing building is whether there is sufficient vehicle parking available on-site. The applicant, Mr. Carpenter, provided a couple letters in which he estimated the probable number of students who may attend his classes and addressed where they may park if they were to drive to class. In a conversation with myself, he estimates that the studio may accommodate 25 students although he expects that average class size to be 12 students or less. Due to seasonal variations, he has found that his highest attendance has been during the off-seasons, particularly in the spring. Typically the most highly attended classes are outside of normal business hours, early evening and weekend classes, which correspond to lower levels of business traffic. The mid-morning sessions have moderate to high attendance. A letter from the building manager, states that this tenant will have three (3) assigned parking spaces in addition to the open parking lot facing the Puppy Smith St. frontage of the property which contains approximately 40 parking spaces. The combined parking lots on the N. Mill St. side of the building contain approximately 30 parking spaces, including those of the neighboring building. per the applicant, the other building tenants do not object if his students use their assigned parking spaces outside of the work hours of the other tenants. 1. Parking: The applicant should be required to encourage his students to use alternate means of transportation other than motor vehicles to minimize the impacts due to additional parking by his students. This would include encouraging the use of buses, walking, bicycling, parking at the students' work place and using other means of transportation, and using the Rio Grande Parking Garage (approximately I 1/2 blocks from the studio). 2. Changes in Conditions: The preceding recommendations are based upon the information and representations provided to the Engineering Dept. by the applicant. If the proposed conditions of use or timing of use for this property change subsequent to this review, a complete set of the revised plans shall be provided to the Engineering Dept. for review and re-evaluation. The discussion and recommendations given in this memorandum may change during a subsequent review of this application to reflect then current conditions and additional future information. Page 1 of 1 DRCMOI98.DOC ~to,qtJ "'(~ ~ '*~ ~~ Jut~~ ~ I~~~ ~I.~I Mtv C(i)n ~ AlifF? . /V~;" bbJ ~~. . r - f ~~ K~I' . t; ~~flI\1 / wMM _~ . Qihn ~ "1 ~ (~4r; ~~ h ~ / ~~Gt~ ~M- {W~ fa 1WcN"~ ett ~ PV1Jk" ~~ . ~ ~- Y'C~ C]'~ ~.witl ~~. ~ ~..".~ ~ ~ ..WYl - ~~ ~ill> ~ ~4- No.1J 1(;~ ~fnJ . tJ t;~ ~ ~Ol MEMORANDUM THRU: Aspen Planning and Zoning Commission Stan Clauson, Community Development Directo{5--' Julie Ann Woods, Deputy Director Christopher Bendon, Planner ~ W') Yoga College of India Conditional Use - Public Hearing 465 North Mill Street #9 TO: FROM: RE: DATE: January 20, 1998 SUMMARY: Bel Carpenter, representing Mill Street Venture, owner, has applied for a conditional use approval for a yoga studio at 465 North Mill Street #9. This space which is located in the SCI Zone District was previously occupied by Rare Exchange. As you are aware, the Planning and Zoning Commission has been considering text amendments to the SCI Zone District, although no final action has been taken. Pursuant to the Municipal Code, after a resolution frorn the Planning and Zoning Commission has been passed recommending amendments to the text of the Municipal Code, a temporary stay on all building permits is in effect for six months or until a final ordinance is passed by City Council. This temporary stay affects all uses regardless of whether they are proposed as permitted, conditional, or not permitted. If the Planning and Zoning Commission approves this Conditional Use before making a recommendation on the pending text amendment, this action will allow the yoga studio to remain immune frorn the temporary stay. Because a yoga studio is not a currently defined term in the Municipal Code, the Community Development Director has interpreted a yoga studio to be most similar in use to a dance studio or martial arts studio. Both of these uses are conditional uses currently and most likely will remain conditional uses with the changes to the zone district language. In the proposed text amendments to the SCI Zone District, staff has recommended rehearsal or teaching studio for creative, performing, and/or martial arts replace the current dance and martial arts studio. This language would include a yoga studio. Staff does not foresee any difficulties with the Commission considering this yoga studio as a conditional use. I Stafffelt the largest issue with this application was the parking available to the proposed use. Staff has included a condition which should mitigate the possibility of additional parking demand over the immediate three spaces for Unit #9. Staff recommends approval of the Conditional Use for a Yoga Studio, with conditions. ApPLICANT: Mill Street Venture, owner. Represented by Bel Carpenter, business owner. LOCATION: 465 North Mill Street #9. (lower level) ZONING: Service CommerciallIndustrial. (SCI) LOT SIZE, LOT AREA, FAR: Does not apply. CURRENT LAND USE: "Rare Exchange." (Furniture repair and consignment) PROPOSED LAND USE: Instructional yoga studio. PREVIOUS ACTION: The Planning and Zoning Commission has not previously considered this application. REVIEW PROCEDURE: Conditional Use. With a recommendation from the Planning Director, the Commission may approve, approve with conditions, or deny a conditional use application at a public hearing. BACKGROUND: The SCI Zone District language is currently being considered by the Commission. No changes, however, are proposed that would alter the status of the proposed use other than more accurately defining dance studio as a teaching and rehearsal studio for the creative, performing, and martial arts. STAFF COMMENTS: Review criteria and staff findings have been included as Exhibit "A." The application has been included as Exhibit "B." No agency referral comments were received. 2 ~ ~~o RECOMMENDATION: Staff recommends the Planning and Zoning Commission approve the Conditional Use for a yoga studio with the following conditions: 1. Parking for the Yoga Studio shall be limited to the existing three spaces designated to the associated unit. Additional parking demands shall be accomplished by using the excess parking on the upper portion of the parcel, by using parking spaces on the lower portion with consent of the associated tenant, or by encouraging students to walk, use transit, or park in the City facility. 2. Any expansion or other significant change in the operation of this use will be subject to all applicable requirements of the Municipal Code which may include conditional use approval from the Planning and Zoning Commission. 3. The applicant shall record this Planning and Zoning Resolution with the Pitkin County Clerk and Recorder located in the Courthouse Plaza Building. There is a per page recordation fee. In the alternative, the applicant may pay this fee to the City Clerk who will record the resolution. 4. All material representations made by the applicant in the application and during public meetings with the Planning and Zoning Commission shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. RECOMMENDED MOTION: "I move to approve the Conditional Use for a Yoga Studio at 465 North Mill Street #9 with the conditions outlined in the Staffrnemo dated January 20,1998." ATTACHMENTS: Exhibit A -- Review Criteria and Staff Findings Exhibit B n Application 3 --- EXHIBIT A STAFF COMMENTS Section 26.60.040, Standards Applicable to all Conditional Uses (A) The conditional use is consistent with the purposes, goals. objectives and standards of the Aspen Area Comprehensive Plan, and with the intent of the zone district in which it is proposed to be located. Staff Finding: The proposed use is consistent with the zone district. Dance studios and martial arts studios are conditional uses. The Community Development Director has interpreted a yoga studio to be similar in use to a dance studio or martial arts studio. The Planning and Zoning Commission has proposed this use remain conditional in the revised zone district language. Staff believes that a yoga studio is covered with the creative and performing arts language as proposed in the pending text amendments. (C) The location, size, design and operating characteristics of the proposed conditional use minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding properties. Staff Finding: Parking for the proposed yoga studio was the primary concern during initial discussions with the applicant. The use may attract more autos than the designated three spaces may accommodate. There are, however, several overfloW spaces on the upper portion of the parcel and the timing of the classes may coincide with less parking demand from other uses in the area. Staff feels that parking will not be a problem if the applicant is willing to accommodate concerns of surrounding tenants in the building by encouraging overflow parking to use the extra spaces on the upper portion of the parcel and encourage students to walk or use transit. (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. ,..~, " Staff Finding: There are adequate facilities to serve the proposed use. (E) The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use. Staff Finding: Staff feels, and the Housing Director agrees, that this proposed use will not generate any more employees than the prior use (Rare Exchange) or other permitted uses allowed for this zone district. Therefore, no additional employee mitigation should be required for this conditional use. (F) The proposed conditional use complies with all additional standards imposed on it by the Aspen Area Comprehensive Plan and by all other applicable requirements of this title. Staff Finding: The proposed use complies with the other requirements of the Municipal Code assuming Conditional Use approval and issuance of a business license. A Ct,lk c 4-65 N Mill st .-U q (Indicate street address, lot & block number, legal description where appropriate) ...r" t1iU Ge\ I,.q W Phone#: q').l- -01-D5 LAND USE ApPLICATION PROJECT: Name: i I"Jj Location: ApPLICANT: . Name: C()., ",-to-- N" /ol~ q).) - \}~ AaiL" Address: ~ . PO&>x S}..t L)~lt Name: "$((""e ,,~ I I' u<tJc-c Address: Phone #: TYPE OF ApPLICATION: (please check all that apply): 18[ Conditional Use 0 Conceptual PUD o Special Review 0 Pinal PUD (& PUD Amendment) o Design Review Appeal 0 Conceptual SPA o GMQS Allotment 0 Pinal SPA (& SPA Amendment) o GMQS Exemption 0 Subdivision o ESA - 8040 Greenline, Stream 0 Subdivision Exemption (includes Margin, Hallam Lake Bluff, condominiumization) Mountain View Plane o Lot Split o Lot Line Adjustment o Temporary Use o Text/Map Amendment o Conceptual Historic Devt. o Pinal Historic Development o Minor Historic Devt. o Historic Demolition o Historic Designation o Small Lodge Conversion! Expansion o Other: I ."""NO CO~":ON:~:~:':;::" of ori"",,, bwldi"",. 0"" prev'""' oppN".l'. ,".) PROPOSAL: I (description of proposed buildings, uses, modifications, etc.) See opp \, l-..tu" Have you attached the following? ~ Pre-Application Conference Summary ~ Attachment #1, Signed Fee Agreement rsJ. Response to Attachment #2, Dimensional Requirements Form ~ Response to Attachment #3, Minimum Submission Contents 5::! Response to Attachment #4, Specific Submission Contents Q Response to Attachment #5, Review Standards for Your Application FEES DUE: $ \')...qD ,,,... ...... " ASPENIPITKIN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development Application Fees (please Print Clearly) CITY OF ASPEN (hereinafter CITY) and ~e. \ ~e"" 4-er (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an application for Co",(h~CM<ll V~e. p\'r1M, -I- (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 43 (Series of 1996) 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 to allow APPLICANT to make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. 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 approval, 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 $ which is for hours of Planning staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing. CITY OF ASPEN s~ Community Development Director City of Aspen APPLICANT Signature: Date: Printed Name: Mailing Address: 1Y:t: ~ 1),,).1 1- &1 ~'^+v \PO \:)OX sn \)Cls.OII~ CD 'g/6'J.1_ ,.., r" ATTACHMENT 1 City of Aspen Development Application Fee Policy The City of Aspen, pursuant to Ordinance 43 (Series of 1996), has established a fee structure for the processing ofland use applications. A flat fee or deposit is collected for land use applications based on the type of application submitted. Referral fees for other City departments reviewing the application will also be collected when necessary. One check including the deposit for Planning and referral agency fees must be submitted with each land use application, made payable to the Aspen/Pitkin Community Development Department. Applications will not be accepted for processing without the required application fee. A flat fee is collected by Planning for Staff Approvals which normally take a minimal and predictable amount of staff time to process. The fee is not refundable. A deposit is collected by Planning when more extensive staff review is required, as hours are likely to vary substantially from one application to another. Actual staff time spent will be charged against the deposit. After the deposit has been expended, the applicant will be billed monthly based on actual staffhours. Current billings must be paid within 30 days or processing of the application will be suspended. If an applicant has previously failed to pay application fees as required, no new or additional applications will be accepted for processing until the outstanding fees are paid. In no case will Building Permits be issued until all costs associated with case processing have been paid. After the final action on the project, any remaining balance from the deposit will be refunded to the applicant. Applications which require a deposit must include an A~eement for Payment of Development Application Fees. The Agreernent establishes the applicant as being responsible for payrnent of all costs associated with processing the application. The Agreement must be signed by the party responsible for payment and submitted with the application in order for it to be accepted. The complete fee schedule for land use applications is available at the Community Development Department. JiI'~"'_..""'" .. ~.. .. .'.." .... .... ..~ I ~- "~L ~.'~_>,_,......,.~.,~ .' .......'""____..w. ! ~~~".~.~_..~ ~::-. ..., --..-.... w ~ -,..-, _:Wf~r...).] ...... " ,'.. .. ~'. !, .." -c.' ,.,.r,'; j, .,>>-' ~"._' .. I ~ .. ' '~'t ~L-,,:;~ It,;,.:'- .lli;;" -, l~i.:;_;' t'l!~(.fl.'l 'I:, 'li.,',> ~ U;;jil ,1,';"':':"-:<; "h"J W"'::':'~- ';J; \"'i' './ 20 INFORMATION PAGE.S Aspen, ~a.sa.1t, and. c..~bcu'ud,...l. M...... 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W,Ii/dIld... . ....------ .. - .... - - 12/23/1gg7 15:15 30334%4Sg HOLLISTER & CO., PC PAGE 01 BAXTER & ASSOCIATES P.O. 80.1112 aCrea1ed Butt.., Colorado 81224 a:wa-:3,49-1220 December 23, 1997 Chris Bomdon Community Development Aspen, CO 81611 Re: Mill Street Commen:ial Center Dear Mr. Denoon: The OwneD of full Mill street Commercial Center would like to inform you that Mr. Bell ClUpenter has out permission to represent us for determining an extra conditional usage for our building. Mr. Carpeme.- is applying for use of space #9, as a yoga studio. We support him in this endeavor and give him pe:rmission to represent the parmership which owns the building. (3;cere~ /~IG David A. Baxter, Managing ;t; Mill Street Venture. _._. ~-~ 1vi~l~ Me "t<< 1/12/1Y !Ii -- ' . - . . -- ,;--- . --,;I~- r-cvjiAliJ ~ ~ . ;%~~r< . --!t~ t::tz!,_._ A~ ~__=_ f____ - I - I'I'f4CY\ Ai~4l1 3V'ldO'3~?",,,,.\S'lf .l.N ~"", r ~QL.L\ Nil ----- ;lH ~ --- (l3^,~~ . ~ . 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D" ~ lk.. e.l<i!'~;~ ~....:\J.j~ Irtas ttJe~v",k p....'!o\,(,. ~(,.( L+Y~. f~ T\-e... prv f'o~ v&~ ",11\ IIIl>t ~'\I:>l'Yee. ,^O\h"~ ov!r" .t-k,. \V\c/'!.<<~ tk. ~J ~(" j=iio'" vSc..s . c ,....., "- ./ 1/6/98 Dear Ross Soderstrom and The City of Aspen, Thank you for your concern r.egarding our parking area at The Aspen Yoga College of India. I am sure that upon your review of our facility you will agree that there will not be any problems with parking. To give you an idea of what the studio will be like I will provide information on our Basalt studio. Then we will look at our class schedule in Aspen and additional information about parking. In Basalt, we have had an average of 5.44 students per class since we opened in March of 1997. Over the last three months we have been averaging 7.76 students per class. The week ending Dec. 13, 1997 we had 122 students in 16 classes, with an average of 7.625 students per class. This was one of our busiest weeks ever. We are predicting an average of 7 students per class in Aspen. With 1 2 classes per week, our total number of students would be 84 per week. Half of our classes are during the off hours of surrounding businesses (after 6pm and on Saturdays). The Aspen schedule will be: Monday - Friday: 4 and 6 pm (90 minute classes) Tuesday and Thursday: 12 pm (60 min) Saturday: 4pm (90 min) Although we have only three designated parking spots, almost all of our students will use alternative means of transportation. We are all familiar with the traffic situation in Aspen and on Hwy 82. I asked eleven of our Aspen students and none of them said that they would drive to our classes. Six said that they would walk, four said that they would bus and o -, ,..I one said that he woufd bike. f asked five students who five downvalfey and work in Aspen, and they at! said that they have designated spots elsewhere in town, or ride the bus to work. There is no reason for any of our students to drive by themselves to cfass at any time. Additionally, the Galena Street shuttle stops within one block of our studio. If people must drive, we will encourage them to carpool with their friends and spouses and park at the Mill St. public parking lot, which is within one and a haff blocks of our studio, during regular business hours. During off hours we will direct our students to use our five parking spots or to park upstairs where there is (+-) fifty spots available to all of the Mill St. Commercial Center Businesses, for one hour or less during regular business hours. Our neighbor, at the Lighting Studio warehouse, has permitted us to use their two spots after Five and on the weekends. Enclosed is a letter from the building manager providing more information. smc~~ /'~', ,.j ,...~,... To: Ross Soderstrome and The City of Aspen Regarding: The Yoga College of India Additional infonnation on peak business times The Yoga College oflndia opened in Basalt on March 15 of last year. Sixteen classes were offered a week and approximately 60-80 students attended per week. This trend continued throughout the . SUllIH1"" months. As Fatt ~ the-aUt::udam:e picked up to our peak numbers of around 120-130 students per week. Saluidays were our busiest day of the week. The 9:00 a.m. and the 6:30 p.rn.. class was-the busiest classes of the day. The change in attendance can be dynamic responding to snowfall, holidays, vacation etc. In Aspen, we anticipate sfrnHar trends, but also dynamic shifts around the community and students. We expect our 6:00 class to be the most popular. For any additional information that might not have been covered, please feel free to contact us at 925-7276. Sincerely, ~~ ,.... "- ,-~'" '~",~' CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Chris Bendon, 920.5072 DATE: 12.19.97 PROJECT: REPRESENTATIVE: OWNER: TYPE OF APPLICATION: DESCRIPTION: Yoga College of India Bel Carpenter -........ one step - conditional use yoga instruction land Use Code Section(s) 26.60 Conditional Use Referral Agencies: Planning Fees: Referral Agency Fees: Total Deposit: staff, planning and zoning commission Yes, Applicant must post property and mail notice at least 10 days prior to hearing, or at least 15 days prior to the public hearing if any federal agency, state, county, municipal government, school, service district or other governmental or quasi-governmental agency owns property within three hundred (300) feet ofthe property subject to the development application. Applicant will need to provide proof of posting and mailing with a affidavit at the public hearing. Engineering, Zoning Planning Deposit Minor ($1080) Engineering, Minor ($110); $1,290 (additional hours are billed at a rate of $1 80/hour) Review by: Public Hearing: To apply, submit the following information: 1. Proof of ownership 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. 15_ Copies of the complete application packet and maps. HPC = 12; PZ = 10; GMC = PZ+5; CC = 7; Referral Agencies = Ilea.; Planning Staff = I 7. An 8 1/2" by II" vicinity map locating the parcel within the City of Aspen. 8. Additional materials as required by the specific review. Please refer to the application packet for specific submittal requirements or to the code sections noted above. 9. A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application. Please include existing conditions as well as proposed. 1 O. List of adjacent property owners within 300' for public hearing. II. Copies of prior approvals Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that mayor may not be accurate. The summary does not create a legal or vested right. .~... ..- '" ATTACHMENT 2 DIMENSIONAL REQUIREMENTS FORM Project: Applicant: Location: Zone District: Lot Size: Lot Area: (o"'cL hov\Q I liSe ~"'" y<-~... co/l'C~r k :r..J.." 465 (If 1'1111 S+ s/ch (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Number of residential units: Number of bedrooms: Existing: Existing: Existing: lODe p ~ Proposed: Proposed: Proposed: rooD ? p' Proposed % of demolition (Historic properties only): t% " DIMENSIONS: ~o propl&J s+Cuc.-lv'lll G~S Floor Area: Existing: Allowable: Proposed: Principal bldg. height: Existing: Allowable: Proposed: Access. bldg. height: Existing: Allowable: Proposed: On-Site parking: Existing: Required: Proposed: % Site coverage: Existing: Required: Proposed: % Open Space: Existing: Required: Proposed: Front Setback: Existing: Required: Proposed: Rear Setback: Existing: Required: Proposed: Combined FIR: Existing: Required: Proposed: Side Setback: Existing: Required: Proposed: Side Setback: Existing: Required: Proposed: Combined Sides: Existing' Required: Proposed: Existing non-conformities or encroachments: Variations requested: REAL ESTA TE LEASE ~ L "-D- S "- This lease Agreement (this "lease") is made effective as ofbQ..CvYlh..... I, 1997, by and between ROCKEl DElICIADEGUERRA ("lessor"), and ~~<U'\ ~oJo... c..a i I "-~<<- ("lessee"). The parties agree as follows: PREMISES. lessor, in consideration of the lease payments provided in this lease, leases to lessee approximately 1000 Sa I' t. available space at 465 N. Mill Street Unit # 9 Aspen, CO 81611. The space to be leased to lessee is located on east side of Unit # 9 and its current access is through a double set of doors !rear the north end of unit. TERM. The lease term will begin on D"-c<lYlbtr01, 1997 and will terminate on h"-,.:~,,,b....- 01, 1998. -k- 1-.<-5.0;"''- "-,,.1 L...~5"-'" h",,,,,, op-Lo", -b 'n,J"">"-v.::. 5Lc.b\.o.,,-,,-,,- ~~ l3o) Ja.,\~ ?r,cr ~ -::t>il.C'..J,.,,,,bQ.,<, \, IC\'\'>l.. lEASE PAYMENTS. lessee shall pay to lessor initial monthly payments of~5';\IV"-\ per month, payable in advance on the first day of each month, for a total annual lease payment of at least $ I q,oc 8.00. Furthermore, lessee shall pay last month's rent prior to occupancy. Although lessee's monthly lease payments commence at~ \51)'-1.'" it) may be increased at any time during the lease period if and only if lessor's monthly lease payments are increased by Mill St. Ventures (the "landlord"). lessee's increased monthly payments to lessor shall be at the same percentage as lessor's increased monthly payments to landlord. lease payments shall be made out to : RARE EXCHANGE 465 N-MiII St. #(\ Aspen, Colorado 81611. POSSESSION. lessee shall be entitled to possession on the first day of the term of this lease, and shall yield possession to lessor on the last day of the term of this lease, unless otherwise agreed by both parties in writing. USE OF PREMISES. lessee may use the Premises only for the purpose ofL\o~a.. Md. o--\hu- rn~s;c..a...\ "1i1o?f'4'h1' The Premises may be used for any other purpose only with the prior written consent of lessor, which shall not be unreasonably withheld. PROPERTY INSURANCE. lessor and lessee shall each be responsible to maintain appropriate insurance for their respective interests in the Premises and property located on the Premises. DEFAULTS. lessee shall be in default of this lease if lessee fails to fulfill any lease l-:tl ~ _ obligation or term by which lessee is bound. Subject to any governing provisions Of~ 'Ii ~'1'~\-\~\nL:' _ ~._ ~,_""""~____"""_'___"_h'__ _'__'_"'_""_"~'~_;'__'~~'" ,# " law to the contrary. if Lessee fails to cure any financial obligation within 10 days (or any other obligation within 10 days) after written notice of such default is provided by Lessor to Lessee, Lessor may take possession of the Premises without further notice (to the extent permitted by law), and without prejudicing Lessor's rights to damages. In the alternative, Lessor may elect to cure any default and the cost of such action shall be added to Lessee's financial obligations under this Lease. Lessee shall pay all costs, damages, and expenses (including reasonable attorney fees and expenses) suffered by Lessor by reason of Lessee's defaults. All sums of money or charges required to be paid by Lessee under this Lease shall be additional rent, whether or not such sums or charges are designated as "additional rent". NOTICE. Notices under this Lease shall not be deemed valid ",nless given or served in writing and forwarded by mail. postage prepaid. addressed as follows:- - LESSOR: Name: Address: Rockel Deliciadeguerra db", koc..\:..:t:te... ~Y-f" c/o RARE EXCHANGE 465 N MILL ST:f:t \~ ASPEN, Colorado 81611 LESSEE: Name: Address: 1\'5f'li\ ,\oc:,~ G,\k':r'" 1, ,*"d,o..... ,l...\""P Po. &'1< 5'z..~ ~\t, <20 't\Ic2...1 Such addresses may be changed from time to time by either party by providing notice as set forth above. ENTIRE AGREEMENT/AMENDMENT. This Lease Agreement contains the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written. This Lease may be modified or amended in writing, if the writing is signed by the party obligated under the amendment. SEVERABILITY. If any portion of this Lease shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Lease is invalid or unenforceable, but that by limiting such provision, it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. WAIVER. The failure of either party to enforce any provisions of this Lease shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Lease. ~ ~~~"\~~ l~(~n 2 ~. CUMULATIVE RIGHTS. The rights of the parties under this Lease are cumulative, and shall not be construed as exclusive unless otherwise required by law. GOVERNING LAW. This Lease shall be construed in accordance with the laws of the State of Colorado. LEGAL DESCRIPTION. The legal description for the Premises is: MILL ST VENTURES OF MILL ST SECURITY DEPOSIT AND LAST MONTH'S RENT. At the time of the signing of this Lease. Lessee shall pay to Lessor a security deposit of 2)lh8.<~ to be held and disbursed for Lessee damages to the Premises (if any) as pro'(!ded by law. All or any part of the Security D~eposit and last month's rent may be commingled with other funds of Lessor and in no way shall be construed as giving rise to any manner of trust relationship or be deemed held in trust. FURNISHINGS. The following furnishings will be provided: ONLY THE SHELVES THAT ARE EXISTING. Lessee shall return all such items at the end of the lease term in a condition as good as the condition at the beginning of the lease term, except for such deterioration that might result from normal use of the furnishings. PARKING. Lessee shall be antitled to use TOP OF GRADE ISLAND parking space(s) for the parking of the Lessee's customers'/guests' motor vehicle{sl. LATE PAYMENTS. Lessee shall pay a late fee equal to $30.00 per day, beginning the day after the due date for each payment that is not paid within 10 days after its due date. ~ HOLDOVER. If Lessee maintains possession of the Premises for any period after the termination of this Lease ("Holdover Period"), Lessee shall pay to Lessor a lease payment for the Holdover Period equal to the amount set forth in the following Lease Payments paragraph. Such holdover shall constitute a month to month extension of this Lease. NON-SUFFICIENT FUNDS. Lessee shall be charged $30.00 for each check that is returned to Lessor for lack of sufficient funds. UTILITIES AND SERVICES. Lessee will f9 GL.u 0 ~ me.. utility expenses - electricity - water and sewer - heating - garbage and trash disposal l~1"1'l7 ~.,~ \ ;~ 1?Lb 3 Lessee is totally responsible for its respective janitorial services and telephone service. Lessee acknowledges that Lessor has fully explained to Lessee the utility rates, charges and services for which Lessee will be required to pay. LIABILITY INSURANCE. Lessee shall maintain liability insurance in a total aggregate sum of at least $250,000.00. Lessee shall deliver appropriate evidence to Lessor as proof that adequate insurance is in force. Lessor shall have the right to require that the Lessor receive notice of any termination of such insurance policies. REMODELING OR STRUCTURAL IMPROVEMENTS. Lessee shall have the obligation to conduct any construction or remodeling (at Lessee's expense) that may be required to use the Premises as specified above. Lessee may also construct such fixtures on the Premises (at Lessee's expense) that appropriately facilitate its use for such purposes. Such construction shall be undertaken and such fixtures may be erected only with the prior written consent of the Lessor which shall not be unreasonably withheld. At the end of the lease term, Lessee shall be entitled to remove (or at the request of Lessor shall remove) such fixtures, and shall restore the Premises to substantially the same condition of the Premises at the commencement of this Lease. ACCESS BY LESSOR TO PREMISES. Subject to Lessee's consent (which shall not be unreasonably withheld), Lessor shall have the right to enter the Premises to make inspections, provide necessary services, or show the unit to prospective buyers. mortgagees, tenants or workers. As provided by law, in the case of an emergency, Lessor may enter the Premises without Lessee's consent. Additionally, Lessor may enter the Premises without Lessee's consent to access utility box and/or telephone wiring. . INDEMNITY REGARDING USE OF PREMISES. To the extent permitted by law, Lessee agrees to indemnify, hold harmless, and defend Lessor from and against any and all losses, claims, liabilities, and expenses, including reasonable attorney fees, if any, which Lessor may suffer or incur in connection with Lessee's use or misuse of the Premises. DANGEROUS MATERIALS. Lessee shall not keep or have on the Premises any article or thing of a dangerous, flammable, or explosive character that might substantially increase the danger of fire on the Premises, or that might be considered hazardous by a responsible insurance company, unless the prior written consent of Lessor is obtained and proof of adequate insurance protection is provided by Lessee to Lessor. ASSIGNABILITY/SUBLETTING. Lessee may not assign or sublease any interest in the Premises, nor effect a change in the majority ownership of the Lessee (from the ownership existing at the inception of this lease), without the prior written consent of Lessor, which shall not be unreasonably withheld. (J.h, \'n ~ \ \ -"?'2/~\)~ 4 ~ \\ \\'-\//Z-_ . r "., " IN WITNESS WHEREOF. the parties have executed this Lease Agreement the day and year first above written. LESSOR: ~~~ ROCKapELlCIADEGUERRA - 060- . 1<.od:.~ G."f'. LESSEE: - ~ ~/~ o..SI'''''-' ~o.sc.. C-olkj"- ~ c..o...-p...."'-\-<L..... (J-/S!r7 "t ~<h.<... ILl.- P ~h(rl ~,,~\\~ I5C ~,~ - .5 'I'" AspenlPitkin Community Development Department 130 South Galena Street Aspen, Colorado 81611 (970) 920-5090 City Land Use Application Fees: 00 II 3-{i3850-041 Deposit -63855-042 Flat Fee -63860-043 HPC -63885-268 Public Right-of- Way -{j3875-046 Zoning & Sign Permit -MROII Use fax 10000-67100-383 Park Dedicalion 15000-63050-480 All Commercial 15000-63065-482 AH Residential County Land Use Application Fees: 00113-{j38oo-033 Deposit -63805-034 Flat Fee -63820-037 ZOlling -63825-038 Board of Adjustment Referral Fees: 00113-{j3810-035 001 ]5-63340-163 62023-63340-190 00125-63340-205 00113-63815-036 00 1I3-638 1 2-2 12 County Engineer City Engineer Housing Environmental Health County Clerk Wildlife Officer Sales: 00113-63830-039 -69000-145 County Code Copy Fees Other Narne:{ZLll~ Address: _. ~.Ti~__._~ _ _~ .__-lLIt7.-f-1_ Phone: ~X3t tv70 1o?x'J~ d\~ ---~------------ ---J-10'- ---- ...... --VfT-- .;::- -- Totalwqa.__._____ Datel1.tt- Chec~ ~ p~ct:~Cd\e~ case~\Sm- No. of Copies__~__ f :1.,';.