HomeMy WebLinkAboutBocc Packet 01222014 Edgington AppealMEMORANDUM
TO: Pitkin County Board of County Commissioners
FROM: Mike Kraemer, Planner
THRU: Cindy HoubeNotnmuinity Development Director
RE: Aspen Rent A11/Khatchgar LLC Designation/Expansion of a Non -conforming Use
DATE: January 22", 2014
REQUEST: The Applicant requests approval to use the subject property for the Aspen Rent -All business that
currently resides at the Aspen Airport Business Center (AABC). The subject property currently houses a legal
non -conforming business.
APPLICANT: Aspen Rent -All owned by ZG Girl Equity, LLC - Beth Hoff Blackmer
OWNER: Khatchgar LLC — Stephan and Heather Isberian
REPRESENTATIVE: Alan Richman
LOCATION: 2444 51 Hwy 82, PID#: 246717400021
ZONING/LOT SIZE: Lot is approximately 1.9 acres and is located within the AR-10 zone district.
2011 AERIAL PHOTOGRAPHY: The subject property is highlighted in orange.
00000t 6[/)
REFERRAL AGENCIES: The application was referred to the Zoning Officer, Holland Hills Metro District,
Town of Basalt, Environmental Health, and the Basalt and Rural Fire Protection District.
BACKGROUND and PREVIOUS APPROVALS: The subject property is located in the Holland Hills area of
the County and is surrounded by a mix of residential and legal non -conforming commercial uses. Four separate
structures exist on the property: (1) the main commercial building nearest to Hwy 82; (2) a dwelling unit just
behind the commercial building; and (3) two separate mini storage warehouses. The structure on the property
closest to Hwy 82 is currently used for the "Isberian Rug Outlet".
The property has a history as a commercial site that retains a legal non -conforming status. The site is zoned AR-10
which is an agricultural/residential zone district. The AR-10 Zone District generally does not allow commercial
uses, however, the property has been occupied by commercial uses since at least 1978. The right to continue to
have commercial uses on the property is a result of a "downzoning" that occurred in the late 1970's and a
subsequent "exemption from abatement" determination that stipulates that Pitkin County does not have the ability
to require a legal non -conforming property be brought into conformance with the applicable zone district. To
further this, the subject property is subject to BOCC Resolution No. 78-42. This resolution is located in the
Applicant's submittal packet and is identified as Exhibit #6. This resolution identifies the subject site as the
"Morning Star Trucking Corporation" property and places a condition on the property that reads: "These uses be
given an unconditional exemption from the abatement provisions of Section 7.10 of the Pitkin County Land Use
Code." This condition of the resolution means that the commercial uses on the property may continue,
unconditionally. The resolution also identifies other businesses in the area that were part of the "exemption from
abatement" status and include the Basalt Electric Building, Lazy Glen Greenhouse and Antiques, Highland
Welding, Roaring Fork Grocery, and Stutsman-Gerbaz. Though businesses were identified in the resolution, legal
non -conforming status resides with the property and not the owner of a business. Therefore, from time to time, the
identified properties have changed businesses but have generally been similar in size, use, and operating
characteristics to those businesses that were exempted in the resolution.
In late 1980's the property was given approval to add commercial mini storage warehouses. These storage
warehouses exist as two separate structures to the rear (north) of the Lot and have been in operation since that
approval. In the early 1990's, an application was submitted in effort to legally convert the warehouses into office
space, but was subsequently withdrawn after Staff had recommended denial of the application.
There are few documents that pertain to previous uses on the site but, in Staffs research and individual memories
of previous businesses that have resided on the property, we know there once existed a chiropractic office, the
Basalt Realty Office, Betsy's Antiques, and the current Isberian Rug Outlet store.
REQUEST: The Applicant is requesting approval to move the Aspen Rent -All business that currently resides at
208 AABC Road to the subject site. Aspen Rent -All is a locally owned business that began in 1967 and rents light
equipment for construction projects. Equipment rented includes mini -excavators, air compressors, trenching
equipment, fork lifts, pressure washers, jack hammers, generators, and hand tools. There is a small retail
component to the business where items related to the equipment are sold. Examples of this include bar oil for a
chainsaw, sanding paper for power sanders, and fittings for pressure washers.
The Applicant has provided a site plan for the property showing the proposed use and equipment locations. No
new structures are proposed with this request. The building closest to Hwy 82 will be used for the office of the
business where transactions will take place. The dwelling unit on the property will be used for an on -site
employee of the Aspen Rent -All business. The two separate commercial mini -storage warehouses will continue to
be used as approved with the exception of two bays which are proposed to be converted to heated storage of
equipment and a repair area where a mechanic will fix rented inventory for the business. The Applicant also
2
000002
requests to have a "small storage yard" to the north of the employee unit adjacent to the northwest property line
and a "large storage yard" east of the office building adjacent to the southeast property line. These yards are stated
to be enclosed with 6' high wooden privacy fences to block the view of the equipment.
STAFF COMMENTS:
RESTORATION OR EXPANSION OF NON -CONFORMING STRUCTURE OR USE WITH SIGNIFICANT CHANGES
The Applicant has applied under the section 9-50-30 of the Land Use Code. The BOCC may permit this use,
subject to compliance with the standards in this section.
A. Adverse Impacts and County Land Use Policies:
Response: Staff feels that the proposal is a more intense use of the property than what currently exists.
Currently and historically, the property has been most recently used for "office -like" uses such as a
chiropractor clinic and a rug outlet store that targets contractors and interior design professionals. Staff feels
that trip generation, noise, visual, and lighting impacts are all adverse impacts that could be experienced by
neighbors and the general public if not properly mitigated. The Applicant has provided documentation to Staff
regarding trip generation (Attachment A). The busiest time for the business is during the summer construction
months and in the morning when equipment is picked up. According to the Applicant's trip generation
numbers, the busiest months (May to October) will generate 6.3 trips/hour on the high end and 3.5 trips/hour
on the low end. During the winter months trip generation dips to 2-3 trips/hour. The Applicant asserts that
these trip generation numbers are much less than previous uses such as the chiropractor clinic which was
stated to have, at peak times, 20 trips/hour.
Staff is concerned with the amount of noise from loading and unloading equipment on the site, particularly
back up beepers. Staff conducted a site visit at the current business site at 208 AABC to see the equipment that
is rented. Aspen Rent -All appears to engage in more "light" equipment rental. This includes the above
mentioned equipment but does not include heavy equipment such bull dozers, large track hoes, dump trucks, or
other larger excavation equipment. Many of the pieces of equipment that are rented do not have back up
beepers and can be loaded in a standard pickup truck or a medium sized trailer. In effort to limit the potential
for the business to expand and become a larger equipment renter, Staff proposes that the Applicant provide an
inventory of current equipment and place a condition in a resolution that limits the business to the stated
inventory's size, scope, and scale.
Staff is concerned about the visual impacts of the storage yards. The Applicant has committed to screening all
development with a 6' high wooden security fence that will shield the yards from Hwy 82 and the adjacent
neighbors. Staff also recommends that mini excavators and fork lifts not be stored in the equipment yard in
full extension such that they could be seen over the fence. Staff would also recommend that if the BOCC
approved this use, the property only be lighted to the extent necessary for essential safety and compliance with
Land Use Code.
B. Consistency with Master Plans: The use or structure is generally consistent with adopted mater plans for the
area and adjacent land use;
Response: The applicable County Master Plan for this area is the 1987 Downvalley Comprehensive Plan. The
Applicant has correctly cited p. 67 of this plan in the proposal as it pertains to non -conforming businesses
along Hwy 82. Staff does not feel that the Plan clearly states whether the current proposal is consistent or
inconsistent with this plan. The Plan states:
3
UUUh]03
"pre-existing non -conforming land uses along Highway 82 should not be
designated on the Future Land Use Map and should remain non -conforming uses
because they are primarily highway oriented in nature and are inconsistent with
the preliminary goals and objectives of discouraging highway commercial uses
and preserving rural character."
This proposal continues the legal non -conforming status of the property, albeit, the Aspen Rent All business
will more than likely be a more intense use of the land in terms of equipment, trip generation, and noise, when
compared to the current use of a rug outlet. Adjacent land uses to the east and west of the subject property are
both residential, however, a commercial special review use was approved on a Lot just west of the subject
property. The Basalt Electric Building (just east of the subject property) houses a number of legal non-
conforming businesses. To the south of the subject property are the Roaring Fork Club and future commercial
greenhouses.
C. Building Code Standards, Hardships or Improvements to Function and Appearance: The Applicant
demonstrates that the purpose of the development is to:
1. Meet practical difficulties and hardships which arise from the existing restrictions upon repair,
alteration or restoration; OR
2. Improve the function and appearance of the use.
Response: If the BOCC designates Aspen Rent —All as a continuing legal non -conforming use, the hardship
of restrictions on alterations of the legal non -conforming potential for the property would be alleviated
D. Development Exactions:
Response: Upon building/access permit review development exactions will be applied as applicable.
REFFERAL COMMENTS:
Town of Basalt:
The Town of Basalt was referred on the application and provided comments (Attachment B). The Town stated
that the application may be compatible with existing land uses as long as the magnitude of the operations on site
are kept to the represented levels. The Town also suggests that if BOCC approves the application, adequate
screening be in place to shield equipment from the Basalt/Old Snowmass Trail, lighting shall be minimal, attain
the required CDOT permits for access, and control weeds on the property.
Environmental Health:
The Environmental Health Department provided verbal comments. Environmental Health was concerned about
septic location and the potential for equipment to drive over the field and potentially crush the system. The
Applicant has identified the location of the field in relation to equipment yards and driveways, and vehicles will
not drive over the field. The Applicant has also been made aware of the need to properly site the proposed
diesel/gasoline fueling station in compliance with Codes and also the need to install a waste water disposal system
to catch waste water from the wash bay. Environmental Health stated that these items could be worked through
with the Applicant.
Basalt and Rural Fire Protection District:
The Fire District provided comments in Attachment C. The comments revolved around the need for either onsite
water storage for sprinidering the existing structures or the need to connect to the Holland Hills Metro District for
water service. It is understood that sprinklering the existing structures is cost prohibitive.
4
Metro District water service could be provided in two ways: either by a water utility extension from a water line
that is located at 160 Crossland Drive (adjacent neighbor and current owner of the subject property) or by
permission from the Holland Hills Metro District and the adjacent neighbor to access an existing hydrant with fire
apparatus. All of the mentioned scenarios would provide the needed capacity for fire personnel to protect the
property in a fire event. The Fire District also stated that the fueling station is acceptable and that they will work
with the Applicant for its proper location and installation.
STAFF DISCUSSION:
Staff is concerned that the proposed business may constitute an unwanted expansion of a non -conforming use in a
zone district that does not allow such a use. Staff's main concerns revolve around noise impact, visual impact to
neighbors and Hwy 82, an increase in vehicle trip generation, and lighting. Additionally, there is a concern that the
business could expand and begin renting "heavy" equipment in addition to their "light" equipment rental service.
Staff feels that if the business expanded to heavy equipment rental, this use would have an adverse impact on the
neighborhood, would be inconsistent with previous uses and BOCC Resolution No. 78-42, and Staff would not
recommend approval of that use.
BOCC Resolution 78-42 provides an "unconditional exemption" from abatement and there is no ability to remove
the non -conforming use from the property. Therefore, this proposal should be reviewed to understand if the
proposed business is consistent with previous businesses that have occupied the property and if there could be
adverse impacts for neighbors and the general public that are intolerable.
Staff feels that if appropriate conditions are placed within a resolution that require the Applicant to mitigate
impacts, and limit the expansion potential of the business, and with period reviews, this use may have no greater
impact than previous uses and could be considered consistent with previous businesses that have occupied the
property and be consistent with BOCC Resolution No. 78-42.
RECOMMENDATION: Staff recommends the Board adopt a motion to approve the Aspen Rent -All
Designation/Expansion of a Non -conforming Use subject to the attached Resolution.
ATTACHMENTS
A. Applicant additional submittal documents
B. Town of Basalt comment
C. Basalt and Rural Fire Protection District comments
5
00L.�,:.,
47 4ctl»11iiv J 4
ASPEN
RENT►A«
www.aspenrentall.com
To: Lance Clarke and Mike Kraemer, Pitkin County Community Development Department.
You have raised some questions about the relative intensity of the proposed use of the property at 24451 S.H. 82 by
Aspen Rent -All. Following is some information about the business which demonstrates that the use is much less intense
than you might imagine and is a service commercial, not a "retail" type of business.
Aspen Rent -All is a business you come to when you have a need. 95% of our business comes from repeat customers and
the vast majority of that business (approximately 90%) is from contractors. Homeowners make up just 10% of our
customers. The homeowners that repeat throughout the year are generally remodeling their property. Only 5 % of our
business comes from individuals that have a sudden need like a flood, boiler going out, carpet cleaning, or perhaps
wanting to pressure wash their decks and driveways. So the top priority for us is to ensure that we are properly serving
the contractors that make up the vast majority of our customer base.
Here is a chart showing all our customers over the past year. We are very slow from Thanksgiving to Easter. We are open
less hours and days in these months. In these months we average 2-3 vehicles per hour. From April to November we
average 4-6 cars per hour. May and October are our busiest months. Overall, you can see that ours is not a high volume
or high traffic type of business.
Date Total Out Total In Total Month avg per day avg per hour
JANUARY TOTAL 232 216 448 18.66 2 07 open 22 days 9 hours/day
FEBRUARY TOTAL 187 187 374 31.16 3.46 open 20 days 9 hours/day
MARCH TOTAL 192 207 399 19 2.11 open 21 days 9 hours/day
APRIL TOTAL 369 336 705 32.04 3.56 open 22 days 9 hours/day
MAY TOTAL 707 697 1,404 63.81 6 38 open 22 days 10 hours/day
JUNE TOTAL 647 674 1,321 52.84 5.28 open 25 days 10 hours/day
JULY TOTAL 596 590 1,186 45.61 4.56 open 26 days 10 hours/day
AUGUST TOTAL 526 527 1,053 39 3.9 open 27 days 10 hours/day
SEPTEMBER TOTAL 562 531 1,093 45 54 4 55 open 24 days 10 hours/day
OCTOBER TOTAL 751 757 1,508 55.85 5.58 open 27 days 10 hours/day
NOVEMBER TOTAL 404 417 821 35.69 3 56 open 23 days 10 hours/day
DECEMBER TOTAL 292 324 616 29.33 3 25 open 21 days 9 hours/day
Average cars per hour 4.02
006006
5
4
3
2
1
0
Average cars per hour
4 5 6 7 8 9 10 11 12
34
30
25
20
15
10
5
Monthly Deliveries
1 ? 3 4 5 6 7 8 9 10 11
One way in which we serve our contractor business is by delivering equipment to job sites. Currently we primarily
deliver larger equipment like excavators and telehandlers. The number of deliveries we make varies quite dramatically
by time of year as is seen in the chart of our monthly deliveries. Our plan going forward is to purchase a box truck and as
people make reservations for a piece of equipment ask if they would like to have us deliver to them on the morning of
the reservation. Our driver will make multiple stops with the smaller equipment in the box truck. We will also carry a
supply of our most frequently rented items in case people call for these while the driver is out making deliveries. Our
goal in doing this is to offer the convenience to our customers of not having to travel to Holland Hills to pick up or drop
off equipment and also to lessen the traffic both on the highway as well as at this location.
You have asked us to propose limitations on the proposed use to ensure it does not become too retail in character or
grow well beyond what has been our historic norm. For the first year at the new location we hereby commit to the
following limitations:
1-We will not market to homeowners.
2-We will not market customer repairs.
3-We will not purchase new large equipment unless it is replacing an existing item that has broken down or
been sold.
We make these commitments with the understanding that staff is likely to propose that if this use is approved at this
location, there will be annual review or similar type of requirement imposed with the approval. If, during the annual
review, the County, considering neighbor input, determines that the operation of the use during the first year did not
cause any issues or concerns, then it might be appropriate at that time for us to seek to relax these limitations.
However, if the County determines that these limitations remain appropriate, we are prepared to live with them beyond
the first year.
HOOD
Finally, please note that we plan to have the business open during the following hours:
Jan -April 8:00AM to 5:00PM Monday through Friday
May 6:30AM to 5:00PM Monday through Friday
June -Oct 6:30AM to 5:00PM Monday through Friday
9AM to 12Noon Saturday
Nov -Dec 8:00AM-5:00PM Monday through Friday
Please let me know if there is any other information I can provide to you.
Regards -
FA
Beth Hoff Blackmer
President, Aspen Rent -All
00 003
477;lc 1-4
000009
December 20, 2013
Michael Kraemer
Aspen/Pitkin County Community Development Department
130 South Galena Street
Aspen, CO 81611
RE: Aspen Rent All
Dear Michael:
BASALT
Thank you for the opportunity to respond to your referral on the Aspen Rent -All
Request for Designation of Non -Conforming Use to allow Aspen Rent -All to
operate out of this site which is located within the Town's Three Mile Planning
area. The comments below reflect the opinions of the Basalt Planning and
Zoning Commission.
Comments:
1. The 1.98 + acre property is located outside of the Town's Urban Growth
Boundary (UGB), but the Town believes that the proposed use as
represented in the application may be compatible with the existing land
uses as long as the magnitude of the operations on the site are kept to the
levels proposed in the application.
2. If the County is inclined to approve the application, the Town recommends
that the County include conditions that the applicants comply with the
representations in the application, specifically:
• All equipment should be enclosed in the buildings or behind fencing
that adequately shields the equipment;
• No additional lighting is being requested and the Town
recommends that all lighting on the property be kept to the
minimum amount necessary for safety and security purposes.
• Require the Applicant to formally apply for an access permit from
COOT following the County's review.
• Assure that the Applicant takes care of the property including weed
management and that any new landscaping be adequately
maintained.
• Place limitations on how intense the site can become given that the
Applicant has outgrown its AABC site.
3. Additionally, if the County is inclined to approve the application, the Town
recommends that the County consider requiring conditions that additional
consideration be given to:
• Using natural vegetation to screen equipment from the Basalt/Old
Snowmass Trail to the north of the property.
I0I MIDLAND AVE. ° BASALT, CO 81621 • 970-927-470T ° FAX 97o-927-4703 • www.basalt.net
orA
j
• `I
• Installing additional landscaping between Highway 82 and the
fence behind which the large equipment is proposed to be stored.
• Please note that the Basalt P&Z has concern with how large
equipment will leave and enter the site from Highway 82, The
Basalt P&Z recommends that the County work with CDOT to install
signage warning of turning and slow moving vehicles along this
stretch of Highway 82.
3. The Basalt P&Z recommends the County closely consider referral
comments from the County's other technical referral agencies in
evaluating this application.
The comments above are referral recommendations made to Pitkin County. The
Town recognizes that Pitkin County is responsible for reviewing all of the input on
this matter and the Town does not have the jurisdictional authority to make
decisions on these issues.
The Town appreciates the opportunity to comment on this application. If you
have questions about the above comments or need clarification, please contact
Susan Philp or James Lindt at the Basalt Planning Office at 970-927-4701.
Sincerely,
Bernie Grauer
Chair, Basalt Planning and Zoning Commission
CC: Susan Philp, Basalt Planning Director
Basalt Planning and Zoning Commission
Basalt Town Council
7
0007in
4rTICLv I C
Basalt & Rural Fire Protection District
"Protecting Our Community Since 1970"
1-9-13
Michael Kraemer, Planner
Pitkin County Community Development
130 Galena
Aspen, Colorado 81611
Re: KHATCHAR LLC (also Aspen Rent -all) DesignationfExpansion of Non -conforming use
(Case P097-13; PID 2467-174-00-021)
Dear Mike,
First I want to thank the applicant Beth Hoff Blackmer, her planning representative Alan
Richman and yourself for the time you have provided me to better understand the application and
work through what is required to satisfy the life safety concerns with this parcel. As part of the
evaluation I consulted with other Basalt Fire Department staff.
My understanding is that the applicant is under contract with the present owner of the property,
known as Khatchar LLC, to eventually purchase the property for use as Aspen Rent -All
contingent on county approval of a revised non -conforming use. The application requests of the
BOCC to memorialize Aspen Rent -All as an allowable use that would be assigned to the property
in perpetuity.
The commercial use of the property has been a matter of observation and documentation for
several years and I understand had been labeled by zoning, (resulting from downzoning), as an
exempted non -conforming use with restrictions. However to paraphrase Mr. Richman within
page 5 of his report, discussions with County staff indicate that uses have been conflictive and
stipulates that "they recognize that there is an absence of clear and current policy guidance as to
what uses are permitted and what are not permitted ... on the property.
With regards to fire protection for what is empirically an urban commercial zone the property
is non -conforming to the fire code, specifically regards effective water supplies for firefighting.
Based on known history this application would be the first time the fire district has had an
opportunity to officially evaluate and address life safety concerns for the site.
It's a role of fire jurisdictions to institute reasoned criteria through the administration of standard
practices, (as illustrated in fire codes), for the protection of their community with an eye toward
1089 JW Drive, Carbondale, Co 81623
Phone:(970) 704-0675 • Fax: (970) 704-0625
www.hasattfire.org
,'16j/1
reduction of risk to property owners, protection of their response personnel and benefit to the
overall community. As a referral agency the Basalt Fire District evaluates potential life safety
concerns that are associated with the parcel and mitigation needs with the adopted Fire Code of
Pitkin County and the Fire District.
In this particular case three items have been evaluated,
• Access for firefighting complying with Section 503 of the International Fire Code, (IFC),
Fire Access Apparatus Roads.
• Provision of water for effective firefighting in accordance to IFC Section 507 and
Appendix B, Fire Protection Water Supplies and Fire Flow Requirements for Buildings,
respectively.
• The dispensing and storage of gasoline and diesel via listed above ground tanks in
accordance to IFC chapter 34, Flammable and Combustible Liquids and companion
standards NFPA 30, and NFPA 30-A
Access and water supply for firefighting are fundamental tenants of firefighting that have been
incorporated in codes and standards for many decades. Basalt Fire within its archives go back as
far as the 1970 Edition of the Uniform Fire Code with essentially the same wording as current
editions of the codes.
From this narrative I expand on the status of Access and the fuel dispensing which are acceptable
as proposed. Water supply for firefighting, which does not exist on site is separately addressed
and 1 finish up with a discussion of the surrounding area and the trending commercial pressure
associated with it:
Access and Fleet Fuel dispensing operation for the application:
Mr. Richman within page 10 discusses the traffic circulation for the site and has been proactive
with the applicant to consult with SGM Engineering a reputable local engineering firm to
evaluate the traffic generated by the use, its suitability for the site and determine the feasibility of
obtaining the necessary Access Permit from CDOT.
A letter from Matt Webster P.E. Engineering Manager for SGM is encouraging that the site is
suitable for Aspen Rent-All's use and that no further physical modifications are required for
HWY 82 nor the site. Consultation with CDOT indicates that formalizing the access application
with the final traffic analysis will yield a permit and notice to proceed for the use. The completion
of the permit process is acceptable and will demonstrate compliance to Section 503 of the IFC.
Ms. Hoff Blackmer provided me pictures of steel fuel storage containers each having 300 gallon
capacity and placed within a secondary dike containment. These units are manufactured by Mills
Equipment Company Inc. who construct fuel tanks with dispensing equipment that complies with
the appropriate codes and standards as noted above. Pending approval of the use from the County
I will assist Ms. Blackmer with determining suitable location for these tanks with their associated
diking that comply with the necessary separation distance from other structures, property lines
etc. on site.
OU12
Effective water supply for firefighting:
Water supply for firefighting does not exist on the property. In the event of a fire the legal
option available for fire response is to shuttle water via a tender truck either from Holland Hills'
subdivision and/or the Town of Basalt dependent on situation.
Tender shuttle practices are a rural operation that is inappropriate for an urban commercial zone
such as this site. Traffic congestion has increased significantly since the buildings on the site were
constructed and makes the tender operations impractical and places responders at risk. Similar
to previous comment regarding the Capparella development application, fire operation plans
shall take into consideration that Highway 82 will not be closed for firefighting efforts. As the
100 Road fire that took place April of 2008 demonstrated the closing of Highway 82 stranding
thousands of motorist for lengthy firefighting operations is not an option.
Water supply options that are compliant toward this case are fixed pressurized hydrant systems or
fixed automatic systems such as sprinkler systems.
Being able to integrate with Holland Hills Water district, which is adjacent, has piping for
connecting within 50-60 feet of the property line and has compliant flow/ pressures is an obvious
consideration. Issues of property rights will need to be resolved to make this option work.
Holland Hills' water district will need to officially grant permission to extend this use to the
applicant. An adjacent property located at 160 Crossland Drive lies between the water lines
and the property and an emergency/utility easement would be required to access. I have been
informed that the owner of 160 Crossland is Khatchgar LLC, the current owner of the property
being reviewed.
In my discussions with fire department staff, the applicant and you we identified three options to
consider toward future compliance listed below in order of preference:
1. Extend piping from the Holland Hills water system via utility easement onto the property
with an attached hydrant. A main for the water system is roughly fifty feet from the
property line. However permission is needed from the water district for emergency use
and an easement provided for underground utility by the adjacent property owner of 160
Crossland Drive.
2. Use the hydrant already available near 160 Crossland Drive. With this option we would
need formal permission from the water district to use the hydrant. An access easement for
fire apparatus would be needed from the owner of 160 Crossland Way to allow the fire
department to connect to the hydrant and forward lay our supply line through his property
and into the subject property.
3. All buildings could be sprinkled with automatic fire suppression systems that are supplied
by a central underground water tank installed onsite, having a fire pump distributing
water via manifold piping system to affected buildings. At this time the applicant due to
concerns of potential significant cost is still weighing the feasibility of this option. I offer
this as an option to consider.
The fire district is willing to do its part to assist the applicant in exploring the options with
stakeholders of the Holland Hills water district as well as the owner of 160 Crossland Drive.
Exploring these options will take time. You have mentioned that a time limit could be established
000013
3
and your suggestion of an 18 month window seems reasonable.
Holland Hills Area Community and Established Commercial Uses:
Within page 2 of the application Mr. Richman provides a site description not only of the subject
property but also of the surrounding area listing the mix of residential and non-residential uses.
As additional perspective I note that in 2003 after a lengthy planning and engineering process
Holland Hills' subdivision retroactively placed a compliant gravity hydrant system on-line for fire
protection and domestic service.
Non-commercial beneficiaries included the Basalt Community United Methodist Church, Boothe
Plumbing and Heating and the Holland Hills Business Center. The Business Center presently
has hydrant availability on its rearward side however for full conformance they should install
a hydrant near their Hwy 82 access. Since they are a member of the water district the Business
Center has the wherewithal to eventually install the appurtenance. Bode Alpine Meadows
Ranch & Kennels would presently be serve via tender shuttle or extended hose lay dependent on
situation.
Roaring Fork Club is listed in the site description and essentially complies with the fire code. The
Capparella property was recently approved for a factory use, (as defined by the Building and Fire
Code), to cultivate marijuana and will be complying by installing an automatic fire suppression
system on site.
With specific regaxds to this application, the requested use is not expanding what is already there
and Aspen Rent -All appears similar to the other commercial uses that front HWY 82 that is
served by the fire district. It's prudent that an effective water supply for firefighting is obtained to
adequately provide our service consistent with nationally recognized standards and practices and
the other upgrades that have occurred in the area.
As we discussed the area seems attractive for future non-commercial use requests. If this is the
case then it's also prudent to conduct future planning accordingly including how to develop future
infrastructure needs for the area.
If we can be of further assistance to you and the applicants as we go through the process of this
special review please contact me at your convenience.
Sincerely,
Sent via E-mail
Bill Harding, Fire Marshal
Cc: Scott Thompson et al, Fire Chief
Beth Hoff Blackmer, Owner
Alan Richman, Alan Richman Planning Services
Susan Pearson, Planning Director
Brian Pawl, Chief Building Official
J 1]Oflh-4
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO, APPROVING THE ASPEN RENT -ALL REQUEST FOR
DESIGNATION/EXPANSION OF A NON -CONFORMING USE WITH SIGNIFICANT
CHANGES
Resolution No. -2014
RECITALS
1. Aspen Rent -All (ZG Girl Equity, LLC — aka Beth Hoff Blackmer) hereafter, ("Applicant") has applied
to the Pitkin County Board of County Commissioners for Designation/Expansion of a Non -Conforming
Use with Significant Changes to locate the Aspen Rent -All business on a property that retains legal non-
conforming status.
2. The property is located at 24451 Hwy 82 and is legally described in Attachment A. The property is
approximately 1.9 acres in size and is within the AR-10 Zone District
3. Four separate structures exist on the property: (1) the main commercial building nearest to Hwy 82; (2)
a dwelling unit just behind the commercial building; and (3) two separate mini storage warehouses. The
mini storage warehouses have been given prior approval. The building closest to Hwy 82 is currently
used for the "Isberian Rug Outlet".
4. The property retains a legal non -conforming status that enables commercial uses to exist though zoning
prohibits such commercial uses. The legal non -conforming status is memorialized in BOCC Resolution
No. 78-42.
5. The BOCC considered this application at a duly noticed public hearing on January 22" d, 2014, at
which time evidence and testimony were presented with respect to this application.
6. The BOCC, pursuant to the criteria outlined in Section 9-50-30, finds that the designation/expansion
of the non -conforming Aspen Rent -All business will not have adverse impacts on the neighborhood,
nor the County as a whole if conditions outlined below are adhered to. The BOCC further finds that
the request as represented is consistent with the 1987 Downvalley Plan. These findings are specific
to this proposal and shall not be construed to apply to other non -conforming requests.
7. The BOCC finds that the proposed application meets the criteria established in Section 9-50-30 of the
Land Use Code, and therefore finds the proposal to be acceptable.
NOW, THEREFORE, BE IT RESOLVED by the Pitkin County Board of County Commissioners that
they hereby approve the Aspen Rent -All request for Designation/Expansion of a Non -Conforming Use
with Significant Changes subject to the conditions outlined below:
1. The Applicant shall adhere to all material representations made in the current or prior applications or
in public meetings or hearings and shall consider those representations to be conditions of approval,
unless amended by other conditions.
0U11115
BOCC Resolution No. -2014
Page 2
2. The large and small equipment yards shall be enclosed with 6' high wooden fences to shield the
yards from neighbors and Hwy 82. Equipment within the yards shall not be stored in an elevated
position such that they can be seen over the fence.
3. Attachment B describes the inventory of equipment for the Aspen Rent -All business. The
Applicant shall not rent "heavy" equipment or engage in other activities such that the approved
non -conforming business on the property intensifies with regard to trip generation, noise, and
visual impacts. Any expansion of the approved non -conforming business requires further County
review.
4. Lighting on the property shall be the minimum necessary for security and safety and shall be
compliant with Land Use Code Section 7-20-140.
5. Prior to occupation of the property with the Aspen Rent -All business, the Applicant shall provide
written confirmation of water availability from the Holland Hills Metro District to the Community
Development Director. If a water extension is pursued, the extension shall be finalized prior to the
Aspen Rent -All business providing service to the general public.
If access to the existing hydrant on Crossland Road is pursued, legal access from the neighbor for the
Basalt and Rural Fire Protection District shall be attained.
If Metro District water is not available or if access cannot be granted, onsite storage tanks shall be
constructed in an amount and location to the satisfaction of the Basalt and Rural Fire Protection
District. Additionally, the Applicant shall comply with all other requirements of the Basalt and
Rural Fire Protection District.
6. The fueling station and wash bay shall be constructed with appropriate permits and to the
satisfaction of the Pitkin County Environmental Health Department.
7. Landscaping shall be installed and maintained to adequately screen equipment from the Basalt/Old
Snowmass Trail. The landscaping plan shall be reviewed and approved by Community
Development.
8. A CDOT access permit shall be attained and the access improved to the satisfaction of the County
Engineer prior to the Aspen Rent -All business providing service to the general public.
9. Ongoing weed control measures shall be implemented to eradicate weeds on the property.
10.Failure to comply with the conditions of this approval may result in revocation of this approval, or
any subsequent permit(s) or approval(s) related to this property, or vested rights associated with
this property.
0060i_6
BOCC Resolution No. -2014
Page 3
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on 19th day of
December, 2014.
APPROVED this 22" a day of January, 2014.
ATTEST: BOARD OF COUNTY COMMISISONERS
OF PITKIN COUNTY, COLORADO
Jeanette Jones, Deputy Clerk Robert A. Ittner Jr.,
Chair
Date
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
John Ely,
County Attorney
PID#:246717400021
P097-13
CQ . C
Cindy Houben,
Community Development Director
00017
LEGAL DESCRIPTION
A PARCEL OF LAND SITUATE IN TRACT 55, SECTION 17, TOWNSHIP 8 SOUTH, RANGE 86
WEST OF THE 6TH P.M., LYING NORTHEASTERLY OF AND ADJACENT TO STATE HIGHWAY NO.
82, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT WHENCE ANGLE POINT NO. 1 OF TRACT 57, BEING THE SAME AS
ANGLE POINT NO. 8 OF TRACT 56 IN SAID SECTION 17, BEARS NORTH 69 DEGREES
21'14"W 495.62 FEET:
THENCE SOUTH 45 DEGREES 55' 59"E 208.47 FEET;
THENCE SOUTH 41 DEGREES 55'00"W 415.81 FEET TO THE NORTHEASTERLY RIGHT OF WAY
LINE OF SAID HIGHWAY;
THENCE NORTH 44 DEGREES 34'57"W 208.71 FEET ALONG THE NORTHEASTERLY RIGHT OF
WAY OF SAID HIGHWAY;
THENCE NORTH 41 DEGREES 55'00"E 910.89 FEET TO THE POINT OF BEGINNING.
COUNTY OF PITKIN, STATE OF COLORADO.
000[11,.8
ASPEN RENT -ALL
DESIGNATION OF
NON -CONFORMING USE
SUBMITTED BY
ALAN RICHMAN PLANNING SERVICES
P.O. BOX 3613
ASPEN, COLORADO 81612
920-1125
NOVEMBER, 2013
noon 0-r tarp
TABLE OF CONTENTS
PAGE
I. Application Request 1
II. Property Background 2
A. Site Description 2
B. History of Uses of the Property 3
C. County Actions Affecting the Property 4
Ill. Designation of Non -Conforming Use 7
A. Description of Proposed Use 7
B. Response to Standards of Section 9-50-30 9
IV. Conclusion 16
EXHIBITS
#1. Commitment for Title Insurance
#2. Letter from Owner Authorizing Submission of Application
#3. Letter from Applicant Designating Representative
#4. Pre -Application Conference Summary
#5. BOCC Resolution 78-23
#6. BOCC Resolution 79-42
#7. Letter from Matt Webster of SGM
#8. Letters From AABC Neighbors
#9. Letters From Neighbors to 24451 SH 82
DRAWINGS
Vicinity Map
Improvements Survey
Surrounding Land Use Map
Conceptual Site Plan
UOuO02
I. APPLICATION REQUEST
This is an application requesting designation of a non -conforming use. The purpose of the
application is to permit Aspen Rent -All to occupy and upgrade the property located at
24451 State Highway 82, near Basalt. The County's Parcel ID# for this property is
246717400021. A vicinity map showing the location of this property and its relation to
neighboring properties is included within this application booklet.
The application is being submitted by ZG Girl Equity LLC, (hereinafter, "the applicant")
which is under contract to purchase the property from its current owner, Khatchgar LLC.
Beth Hoff Blackmer, the owner of Aspen Rent -All, is the managing partner of ZG Girl
Equity LLC. Stephan Isberian is the managing partner of Khatchgar LLC.
Proof of the ownership of the property is provided in the Commitment for Title Insurance,
attached hereto as Exhibit #1. A letter from Mr. Isberian, as owner of the property,
authorizing Ms. Blackmer, as the contract purchaser, to submit this application is attached
as Exhibit #2. A letter from Ms. Blackmer designating Alan Richman Planning Services,
Inc. as her representative for this application is attached as Exhibit #3.
The applicant conducted several pre -application discussions with staff prior to the
submission of this application. Staff issued a pre -application conference summary form for
this project which is attached as Exhibit #4. That document indicates that the development
review procedure that applies to this project is as follows:
Designation of Non -Conforming Use, pursuant to Section 9-50-30 of the Pitkin County
Land Use Code.
The following sections of this application identify the provisions of the Land Use Code that
apply to this procedure and provide responses to the applicable County standards. First,
however, a brief description of the property, including a history of past uses of the property
and prior County land use actions taken with respect to the property, is presented below.
Aspen Rent -All Designation of Non -Conforming Use Page 1
U0;Ci03
11. PROPERTY BACKGROUND
A. Site Description
The subject property is a rectangular -shaped parcel of land that is 1.977 acres (86,118 sq.
ft.) in size. The property is located along State Highway 82, is contiguous to the Town of
Basalt on its northwest side and is located approximately 1 mile from the Two Rivers Road
traffic light. The Rio Grande Trail is located just to the north of the parcel. There are
several informal connections to the trail that cross the rear portion of this property.
This property is surrounding by a mix of residential and non-residential land uses, which
are identified on the vicinity map and the broader scale land use map. These uses include
the following:
• The Holland Hills Business Center, which houses a number of service commercial
businesses (ABCD Soderberg, Gallegos Masonry and Twisted Tree Landscaping)
as well as a medical marijuana shop and a yoga studio. There is also a large area
on the Business Center property that is fenced off for parking, with spaces rented to
individuals to store their recreational vehicles and similar large size vehicles.
• Numerous residences including the adjacent Boothe residence and lsberian
residence, along with the homes in the Holland Hills Subdivision.
• The Nakagawa property, which received special review approval in 2011 to store
vehicles and equipment for a landscaping and snow removal business.
• The Roaring Fork Golf Club, which includes a clubhouse and numerous
residences.
• The Caparrella property, which was recently approved by Pitkin County for
construction of greenhouses to grow marijuana.
• Three properties within the Holland Hills Subdivision which the County Assessor
classifies as non-residential, these being the Basalt Community United Methodist
Church, Bodes Alpine Meadows Ranch & Kennels, and Boothe Plumbing and
Heating.
The subject property also contains this type of mix of residential and non-residential uses.
The improvement survey shows there are four structures on the property, as follows:
• The front structure is a small (approximately 1,185 sq. ft.) one-story commercial
building that was built in 1971. It is currently occupied by lsberian Rug Company.
The building is used as an office by lsberian, as the County has not permitted it to
be used for retail sales. The owner has conducted occasional rug sales out of this
portion of the property pursuant to special events permits issued by the County.
• The middle structure is a small A -frame house that was built at about the same time
as the front building. The building is currently occupied as a residence by a tenant.
Aspen Rent -All Designation of Non -Conforming Use Page 2
000004
• The two structures at the rear of the property are metal warehouses that were also
built in the early 1970's. Each warehouse building is slightly larger than 3,000 sq.
ft. in size. These buildings have been used primarily for storage of equipment and
other possessions, but also to operate many different commercial businesses over
the last 40 years. The storage units are currently leased to a variety of consumer
and commercial tenants. There are also a number of pieces of commercial
equipment on the property that are stored outside of the buildings by tenants.
These buildings are accessed by a gravel driveway that enters the subject property from
Highway 82.
B. History of Uses of the Property
The subject property has a long history of more than 40 years of both commercial and
residential use. Paul Adams built the front commercial building in 1971 and built the A -
frame residence soon thereafter. In 1972 he leased the back of the property to Clay
Crossland, who then built the two warehouse buildings. Shortly thereafter Crossland
and Adams became partners and operated their real estate office out of the front
building. They also opened the Landmark Cheese Company, which sold cheese on a
wholesale and retail basis out of the front building, with cheese being stored and
processed in several of the storage units.
The warehouse buildings were leased out to various service -type businesses. The
buildings originally were split into relatively small units (10' x 20' each) with overhead
doors that were used for storage. Over time the units were remodeled and some units
were combined with others. In the 1990's electric meters and breaker boxes were
installed in the units and furnaces were installed in most of the units. Some of the units
became offices or headquarters for the small businesses that rented them. Today, as a
result of units being combined, there are a total of just 12 larger storage units in the two
buildings. The units are used for storage of equipment and materials by various
businesses and individuals.
The front commercial building housed a variety of different businesses in its early years,
including the real estate office of Crossland and Adams, Landmark Cheese Co.,
Grannies Attic Antiques, Ann's sewing center, and an architectural office. In the early
1990's the front building was leased to Darryl Grossjean, who started Basalt Realty in
that space. When that business moved into Basalt the building was then occupied by
Dr. David Jensen who ran the Mid -Valley Chiropractic Clinic there from the mid-1990's
through 2005. His clinic was a relatively high intensity medical practice that provided
treatment to patients along with retail sales of medicines, herbs, books and CD's.
The property was purchased by the current owner, Khatchgar LLC, in 2006. The owner
has been using the front building for an office for the Isberian Rug Company. Isberian
also uses several of the storage units to store goods associated with the business.
Aspen Rent -All Designation of Non -Conforming Use Page 3
606005
C. County Actions Affecting the Property
The above historical summary demonstrates that the property has had a long history of
non-residential and residential use, originating in the early 1970's, when Pitkin County's
land use regulations were quite a bit less sophisticated than they are today. The non-
residential uses of the property have run the spectrum of commercial activity, ranging from
primarily warehouse/storage uses at the rear of the property, to real estate office, medical
office, and retail uses in the front building.
The County's land use regulations began to evolve in the mid-1970's, when much of the
County was downzoned (1974), a new Land Use Code was adopted (1976) and the
Growth Management Quota System was adopted (1978). Since the subject property's
commercial use pre -dated these County actions, when the subject property's zoning was
changed to AF-1 (a zone that is known today as the AR-10 zone district) the commercial
use of the property that had been legally established there became a non -conforming use.
This situation was not uncommon in Pitkin County, as most of the properties along
Highway 82 and in other outlying portions of the County that had a history of non-
residential use became non -conforming uses.
Because so many properties had become non -conforming uses due to the downzoning,
the County initiated a process in the late 1970's to evaluate the pre-existing uses
occurring on each of these properties on a case -by -case basis. This was necessary
because the County's non -conformities section at that time contained an abatement
provision which stated that:
"Any use that became non-conforming...shall be entirely discontinued and terminated
no later than five years from the date of its becoming a non -conforming use" (Sec. 7-
1.9 of the 1976 Land Use Code).
Although the Code contained this rather rigorous abatement provision, the County
wanted to be fair and offer due process in its implementation of this controversial policy.
Therefore, the Board of County Commissioners adopted Resolution 78-23 (see Exhibit
#5) which amended the Code to establish a procedure by which it would consider
applications submitted by owners of properties containing non -conforming uses
requesting a case -by -case exemption from abatement, or an extension of the five year
amortization period that was set forth in Section 7-1.9 of the Code.
Many owners of non -conforming properties applied for the exemption from the
abatement provisions and so the Board grouped these cases into several larger groups.
In 1979 the BOCC adopted Resolution 79-42 (see Exhibit #6) which granted an
exemption from the abatement provisions of the non -conforming use section of the
Code to a group of businesses located along Highway 82. Some of the more easily
recognized of these businesses were the Lazy Glen Greenhouse, the grocery at Aspen
Village and Stutsman-Gerbaz Earthmoving.
Aspen Rent -All Designation of Non -Conforming Use Page 4
gu006
The subject property (identified at the time as Morning Star Trucking, which occupied
the storage buildings) was also among those which were granted this exemption. While
there were conditions applied to the exemption granted to certain properties, the
exemption for the subject property was "unconditional", allowing the then -existing non-
conforming uses to continue without additional limitations placed on them.
For many years following this action, this property was allowed to function as a legal non-
conforming use, without further conditions imposed by the County. This allowed the non-
residential uses of the property to change over time, as described above. Generally, the
front building had some type of office use (such as real estate) or retail use (such as
antiques) and the back buildings were used to store equipment and supplies by
contractors, construction businesses and other companies and individuals.
In 1990 the then -owner of the property submitted a special review application to the
County to remodel the storage units by combining spaces, and adding a bathroom to each
unit, such that the units could be occupied as contractor offices rather than being simply
storage units. As noted above, several of the spaces were already being used as offices
and this proposal would have legalized all of those and allowed more such offices to be
established. Staff did not support this change to the use of the rear buildings, since office
use was prohibited in the underlying zone and the previously approved non -conforming
use had been storage. Following an initial hearing by the Planning and Zoning
Commission this application was withdrawn.
More recently the County and the owner have been experiencing some conflicts with what
uses are allowed to occur in the various buildings on the site. For example, when the Mid
Valley Chiropractic Clinic occupied the front of the property they had a significant number
of patients that came to the property on a daily basis. In fact, it has been reported to the
applicant that as many as 20 patients were coming and going from the property an hour at
this time. As the business evolved the Clinic expanded to perform massage therapy in the
residence. Staff required this activity to cease based on a determination that the only use
permitted in that building was residential. Similarly, when Isberian sought to conduct its
retail business on the site the staff determined that the property was not approved for retail
use, even though the Chiropractic Clinic had been allowed to conduct retail sales as part
of its wellness business immediately prior to the occupancy by Khatchagar. The County
decided, however, that retail sales by Isberian should be limited to periodic special events
that received permits from the County.
In our discussions with staff, it is clear that they recognize that there is an absence of clear
and current policy guidance as to what uses are permitted and what are not permitted to
be located on this property. The last time this property was considered by the Board of
County Commissioners was in 1979, when an unconditional exemption from abatement
was granted to the existing non -conforming uses of the property. Since that time the rear
buildings, which are designed for storage, have been continuously occupied for that use.
But the front building, which is capable of being occupied by a wide variety of office and
Aspen Rent -All Designation of Non -Conforming Use Page 5
L'ouJ01
retail uses, has a history of being occupied by both of types of uses since the early 1970's.
Staff has been given the difficult task of trying to determine on a case -by -case basis which
of these uses should be allowed on this property and has done so without any further
guidance on this matter from the BOCC.
The County faced a somewhat similar type of issue in the late 1990's when it was trying to
determine what uses and activities might and might not be appropriate at the BRB
Campground, which was also a pre-existing non -conforming use operating without any
specific permit from the County. To resolve this question, the staff brought the matter to
the BOCC, which held a public hearing pursuant to the non -conforming use section of the
Code to designate the permitted activities for this non -conforming use. Staff has
determined that this type of regulatory approach is the best fit for designating the use or
uses that will be permitted to operate on this property. That is the reason that this
application is being submitted pursuant to the non -conforming use provisions of the Code.
The next section of this application provides a proposal by the applicant to designate the
non -conforming use of this property so it may be occupied by Aspen Rent -All, a business
that rents construction equipment and general tools to contractors and homeowners. That
section also includes a response to the applicable standards of the Code for designation of
a non -conforming use.
Aspen Rent -All Designation of Non -Conforming Use Page 6
uO 003
III. DESIGNATION OF NON -CONFORMING USE
Section 9-50-30 of the Land Use Code authorizes the Board of County Commissioners to
permit modifications to a non -conforming structure or use. Following is the basic
statement of intent of this Code section and how the applicant complies with this intent:
The Board of County Commissioners may permit modifications to a non -conforming use or
structure that does not meet the standards of Sec. 9-50-20, subject to compliance with the
standards in this section.
Response: Section 9-50-20 of the Code permits a non -conforming structure or use to be
restored, repaired, or replaced without significant changes, including that there shall be no
change in the use of the structure. The applicant proposes to change the existing non-
conforming use of the property. This modification does NOT involve the construction of
any new buildings or the expansion of the existing buildings. Rather, the primary
modification is that a different use would be permitted to occupy the property and the
applicant would improve the site to allow the business to operate there. Therefore, the
proposal is unable to meet the standards of Section 9-50-20 because there would be a
change in use. This request can be considered pursuant to Section 9-50-30, which
permits modifications to a non -conforming structure or use with significant changes,
including a change in use.
A. Description of Proposed Use
The existing uses that the applicant wants to continue and the new use that the applicant
proposes to bring to the site do not fit precisely within any single use category in the Land
Use Code. Aspen Rent -All is a business that currently operates at 208 Aspen Airport
Business Center (AABC). Aspen Rent -All is a family -owned business that began in Pitkin
County more than 45 years ago, in 1967. The business was started by the applicant's
father and it was originally located in Aspen, at the Obermeyer property. It moved to the
AABC in the 1970's and then moved within the AABC to its present space (#208) in 1980.
The applicant purchased the business from her father in 2000 and has run it since that
time. The business has won numerous awards from professional and business groups. In
the year 2013 alone the business won the following awards: American Rental Association
"President's Image Award"; National Association of Professional Women "Woman of the
Year: Construction Equipment Rental Industry"; and Colorado Biz Magazine "Top 100
Women Owned Companies in Colorado".
Aspen Rent -All rents a wide range of equipment to contractors and the general public.
The equipment ranges from construction equipment for builders, including earthmoving
equipment (loaders and excavators), compactors, trenching equipment, and jacks and
lifting equipment, to do-it-yourself tools for homeowners including pressure washers,
heaters, generators, pumps and hoses, lawn and garden tools, saws, and carpet
cleaners. The business also offers limited retail sales of supplies that relate directly to
Aspen Rent -All Designation of Non -Conforming Use Page 7
the equipment they rent, such as blades, chains, sanding materials, towing supplies,
and safety products. However, by far the dominant aspect of the business is equipment
rental, not retail sales. The business also repairs small equipment (lawn mowers, chain
saws and similar tools) and performs maintenance on its inventory of equipment.
The equipment that the business rents is currently kept on -site at the AABC. The
smaller hand held equipment is stored within a building. The larger equipment, such as
the loaders, excavators and lifting equipment, is stored outside.
While the site and buildings that have housed the business for the last 33 years have
served it well, the time has come for the business to find a new location. Its current AABC
site is a tight fit for the business, and requires equipment to be stored in limited spaces. It
is difficult to find room for equipment to be maneuvered around the property and there is
no room on site for the business to grow. In addition, the owner is subject to a land lease
at the AABC, and so does not have the opportunity to control the property on which her
business operates. The applicant seeks the chance to own the land and buildings needed
to operate her business, to create a stable future for the company.
The applicant has been looking for a new location for the business for some time and has
searched throughout the Upper Valley. Because she has lived in the Valley since she was
an infant (and owns a home in Old Snowmass today) and because the business has
always operated in Pitkin County, it has been a goal of the applicant to keep this business
in Pitkin County. There are no available sites within the AABC that are larger than her
present site (approximately'/2 acre in size) and which would be suitable for this business.
Therefore she has focused on the Mid -Valley and was recently able to place the subject
property under contract.
The subject property provides a good fit for the operation of this business. It is located
along Highway 82, so it provides easy access to contractors and the general public who
already patronize the business. Most contractors are driving up the Highway from their
homes or offices down valley to get to their job sites and so it would be convenient for
them to stop here on the way to their job site to pick up the equipment they need to rent.
The buildings on the site are an excellent fit for the business. The front building does not
need to be expanded or changed in configuration to become the rental office for the
business. It will be the place where customers will come when they want to rent a piece of
equipment, so it would contain the service counter and some of the offices needed to run
the business. Small equipment would be shelved in this building where it would be ready
to be rented, along with the limited supplies that are sold for use with the equipment.
The applicant would also use several of the units in the rear warehouse building to store
and maintain/repair equipment. This is similar to the way Isberian currently uses several
of the units as storage to support its business. The remaining storage units would
continue to be rented to other businesses and consumers for storage purposes.
Aspen Rent -All Designation of Non -Conforming Use Page 8
The A -Frame would continue to be used as a residence and would be rented to one of the
employees of Aspen Rent -All. This would provide a full time presence on the site for the
business, to create greater security for the equipment that is stored on the premises. It
also means that one employee of the business would not have to commute to work. The
business operates today with a total of just five (5) employees, and there are no plans to
hire any new employees to run the business at the proposed site.
The applicant requests approval to use the upstairs portion of the A -Frame for her office,
to operate the business there. The upstairs is a loft area that is not accessible in a Code -
compliant manner from the inside of the A -Frame, and so the current tenant has not been
occupying that area for residential purposes. The applicant proposes to place a stairway
on the exterior of the A -Frame, as shown on the site plan, which would allow the loft to be
accessed in a Code -compliant manner, and to use it for her office.
There would also be several change made to the site, as shown on the conceptual site
plan. Those changes are described in greater detail in the next section of this application.
B. Responses to Standards of Section 9-50-30
As explained above, staff has determined that in order to establish the new use of the
property, the applicant must respond to the provisions of Section 9-50-30 of the Land Use
Code. The review standards of this section and the applicant's responses to each of these
standards follow below.
(a) Adverse Impacts and County Land Use Policies.
The Board finds that any adverse impacts of the non -conforming use or structure on the
neighborhood or the County as a whole and any inconsistencies with County Land Use
Policies in Chapter 1 to be tolerable.
Response: The property has operated as a non -conforming use since the 1976 County
downzoning. During that time it has been the home to retail uses, a medical practice, a
real estate office, warehouse/storage, contractor businesses and a residence. The County
recognized and approved the mix of service commercial and other business that were
present on this site in 1979 and this mix has since been a part of the fabric of this
neighborhood as the area has evolved over time.
The applicant recognizes that the proposed use of the site by Aspen Rent -All will cause
some impacts. The applicant is committed to mitigating these impacts to the extent that
such mitigation is practical. The site plan represents a proposal to upgrade the
appearance of the site and to mitigate impacts of the proposed use on the neighbors.
The site plan shows that the primary site improvements — the four buildings, will remain in
their present configuration. No additions are planned to any of the buildings. The
Aspen Rent -All Designation of Non -Conforming Use Page 9
applicant does propose to install a small outdoor wash bay on the side of one of storage
building and a small above grade fuel bay on the side of the other storage building. The
applicant also plans to re -paint all of the buildings a muted gray shade (see the picture of
the front building on the site plan) so the buildings will not stand out along the Highway.
The biggest change to the site will be the establishment of two outdoor equipment yards,
where small and large equipment will be stored between periods when the equipment is
rented. These yards are depicted along the east and west property boundaries. The
applicant will install a 6' tall wood fence around each of these yards, to screen and contain
the impacts of the outside storage of equipment. The applicant has chosen wood for the
fencing material because it has more of a residential character than does other fencing
materials (see picture on the site plan for an image of the proposed fence material).
The 6' high wood fences will essentially eliminate the ability for neighbors or those
travelling along the Highway to see anything more than the very top of the tallest
equipment. Most equipment will be completely hidden from view by the fences. In
addition, the fences will tend to soften the noise that might emerge from the yards. While it
is not typically necessary for the equipment to be started from within the yards (it is instead
lifted onto or attached to a vehicle when it is rented), some customers will need to be
shown how to use the equipment, necessitating a start and brief run of its motor.
However, should that need to occur, the equipment will normally be removed from the
yard, brought into the middle of the lot and started there, where it will be at a greater
distance from the neighboring residences.
It should be noted that throughout the day, the predominant sound in the area comes from
vehicles travelling along Highway 82. Anyone standing outside at this site would hear the
steady level of background noise from those vehicles, which will tend to drown out any
sounds that might come from the intermittent start-up of equipment on the site.
The two outdoor storage yards have been labeled as the small equipment yard and the
large equipment yard. The applicant has purposely chosen to place the small rather than
the large equipment yard along the western side yard, in recognition of the proximity of the
neighbor's house (the Boothe family) to this yard. The smaller equipment will be fully
hidden from view by the fence, whereas some of the larger equipment, stored in the other
yard, will slightly over -top the fence. That equipment will be placed along the eastern side
of the property, where such equipment has historically been stored by persons who rent
the storage units (note the presence of several large pieces of equipment in this yard area
on the aerial photo used as the base image for the site plan).
The applicant has paid careful attention to the circulation into and around the site. The
applicant held a meeting with a representative of the Colorado Department of
Transportation and the County Engineer to review access onto Highway 82. The outcome
of that meeting was an indication that the existing access point on the Highway offers
adequate sight distance and turning movements, particularly given the presence of a turn
Aspen Rent -All Designation of Non -Conforming Use Page 10
OO )J 12
lane into the site and a turn lane in the middle of the Highway. The applicant anticipates
formally applying for an access permit from CDOT following County review of this land use
application and anticipates that such permit will be issued (see letter from Matt Webster of
SGM, attached as Exhibit #7).
It should also be noted that Aspen Rent -All has not historically been a heavy generator of
vehicle traffic in its Aspen area location. The owner keeps meticulous records of each and
every rental ticket issued by the business, organized not just on a daily basis, but also by
the hour for each day. A summary of these records was presented to CDOT and
demonstrated that traffic into the business in 2012 did not exceed an average of 5 vehicles
per hour for any hour during the day. Most hours of the day saw an average of 2-3
vehicles, and during the less -busy months of the year as few as 1-2 vehicles per hour.
Assuming there is not a significant change from this pattern, vehicles turning into and out
of the site will have a negligible impact on current conditions on Highway 82.
The site plan shows that internal circulation through the site will remain focused along the
center of property, keeping it as far away from neighbors as possible. Any trucks that
enter the site will have several places where they can turn around, ensuring that no
vehicles ever have to leave the site by backing out. Parking areas for staff and the
resident of the house have been placed behind the buildings, with the only visible parking
being where customers access the rental office. Loading areas have been provided along
the side of the two equipment yards, providing for equipment loading to occur towards the
center of the property.
The applicant intends to take much better care of the property than has historically been
the case. Today the vegetated areas are dotted with tall weeds. Since the applicant's
business rents equipment used for yard maintenance, the applicant can commit to proper
weed management practices on the site. The applicant would also hope to be able to
install shrubs and trees along the front and rear of the property, which would soften views
into the site by those travelling along the Highway or the Rio Grande Trail. The primary
limitation to enhancing the property in this manner is that the property does not now carry
with it any rights to the irrigation ditch that traverses the back of the property. The
applicant is currently working to address this issue. If such rights can be secured then the
applicant would install native landscaping in the areas drawn in green on the site plan.
(b) Consistency with Master Plans.
The structure or use is generally consistent with adopted master plans for the area and
adjacent land uses.
Response: The applicant believes the proposed uses of the site would be generally
consistent with adopted master plans for the area and with adjacent land uses. Following
is an explanation of how this is so.
Aspen Rent -All Designation of Non -Conforming Use Page 11
uou 313
Consistency With Adjacent Land Uses
The Applicant has prepared a map showing the uses that surround the subject property. It
shows that the surrounding uses consist of primarily rural residential lots. However, there
are also a number of non-residential uses nearby, along State Highway 82 and within the
Holland Hills Subdivision.
The Holland Hills Business Center is the closest commercial property to the subject
property. This property has been occupied by businesses for many years, and currently
contains several service commercial businesses (ABCD Soderberg, Gallegos Masonry
and Twisted Tree Landscaping) as well as a medical marijuana shop and a yoga studio.
There is also a large parking lot on the Business Center property with spaces that are
rented to persons needing to store recreational vehicles, boats and large pieces of
machinery. There are also three non-residential land uses operating within the Holland
Hills Subdivision, including the Basalt Community United Methodist Church, Bodes Alpine
Meadows Ranch and Kennels, and Boothe Plumbing and Heating.
There are also several other properties with non-residential uses along Highway 82 in this
area, including the Nakagawa property, which contains a residence but also received
County special review approval to store vehicles and equipment for a landscaping and
snow removal business; the Capparella property, which recently received County approval
for greenhouses to grow marijuana; and the Roaring Fork Golf Club.
Aspen Rent -All would be compatible with this mix of land uses. The business is not a high
impact retail or industrial use. Rather, it is a service commercial business that rents
needed equipment to businesses and homeowners, so it would provide a service to
residents and businesses in the area. Its impacts, including traffic generation and noise,
are manageable and in character with the surrounding mix of uses along the Highway.
Attached as Exhibit #8 are letters from three of the applicant's current neighbors at the
AABC — Louis Swiss Pastry Inc., Ski.com and the resident of the apartment in the building
in which Aspen Rent -All is located. All three individuals state that they have not been
adversely affected by the noise, traffic or activities of Aspen -Rent -All. They state that
Aspen Rent -All "keeps its yard clean and organized" and say they have been "excellent
neighbors". The careful way this business has operated for so many years at the AABC
reflects the way the owner intends to operate this business in the proposed location.
Also attached as Exhibit #9 are letters from 2 neighbors of the proposed location at 24451
State Highway 82. As the application was being prepared Ms. Blackmer held one-on-one
meetings with her neighbors to obtain their input and ensure that any issues they have will
be addressed. She is continuing this process as this application is being submitted.
Letters of support from the owner of the Holland Hills Business Center and the Roaring
Fork Club are included as Exhibit #9.
Aspen Rent -All Designation of Non -Conforming Use Page 12
uuuJ14
Consistency With Master Plans
There is no single County Master Plan document that can be used as the reference point
for determining the consistency of the proposed use with adopted plans. Instead it is
necessary to consider several adopted County plans that address this part of the County.
The Down Valley Comprehensive Plan (DVCP), which addresses all of the rural areas of
the County, was adopted in 1986, more than 25 years ago. While many of its policies
concerning land preservation and environmental stewardship remain as valid today as
they were in 1986, some of its land use recommendations, such as those addressing
commercial development, have become dated and have been superseded by more recent
County policies and actions.
The DVCP recommends that certain pre-existing non -conforming land uses along SH 82
that it classifies as "highway -oriented commercial uses" should not be designated on the
Future Land Use Map as commercial uses and should instead remain non -conforming
uses (p.67). However, the Snowmass Conoco, which is a highway -oriented use that was
specifically listed in the DVCP as a use that should remain non -conforming, was rezoned
from AFR-10 to B-2 in 1993, making it a conforming use. The BOCC found at the time
that the Snowmass Conoco served as a neighborhood -oriented use for Old Snowmass
and was not just a use serving Highway travelers. Similarly, in 2012 the Aspen Village
Quick Mart was rezoned from AR-10 to B-1, based on a finding that the property had
functioned as a commercial use for more than 40 years, provided an important service to
the neighborhood, and so should be made conforming and given a modest degree of
expansion potential. So the precedent clearly exists for the County to change the zoning
for certain commercial businesses along Highway 82 from non -conforming to conforming
uses, and also to permit limited expansion of those uses.
The proposed use of the subject property by Aspen Rent -All represents more of a local
serving business than a highway -oriented business. A highway -oriented business is one
that draws its customers by providing a convenience service to persons travelling to
another destination. This is not the profile of Aspen Rent-All's business. It has served
residents of Pitkin County and surrounding counties for more than 40 years, providing
equipment for do-it-yourself jobs around the house and for contractors who are building
and remodeling properties throughout the area. It is a classic service -commercial
business that needs to be located on a larger property like this, where its inventory can be
easily stored. Locating this business near Basalt, along the Highway, means that it can
conveniently be reached by households throughout the area, and that contractors who are
already on Highway 82 coming from their homes or their business sites can stop there on
their way up valley, avoiding the need for a special trip to get the equipment they need.
A second master plan that applies to the subject property is the 2003 Pitkin County
Comprehensive Plan. That plan is a compilation of other plans the County has adopted,
including plans prepared by Caucus groups and other plans prepared by the County for
Aspen Rent -All Designation of Non -Conforming Use Page 13
:iiLJ15
specific areas of the County. A fundamental element of the 2003 Comprehensive Plan is
its description of the common themes among the various adopted County plans. The
Comprehensive Plan identifies the overall policy of the County with respect to commercial
development being to "Direct new commercial uses to lands within the adopted urban
growth boundaries".
The subject property lies within the Town of Basalt's Three Mile Planning Area, as
depicted on the future land use map contained within the Town's 2007 Master Plan.
However, even though the property is contiguous with the Town's boundaries, it is not
included within the Town's adopted urban growth boundary. The applicant recognizes that
this application will be referred to the Town as part of the review process and has had a
very brief discussion with Town staff about the appropriateness of this use near the Town.
The staffs initial reaction was favorable, but a more formal review of the use by the Town's
P&Z will occur prior to review of this application by the County Commissioners.
(c) Building Code Standards, Hardships or Improvements to Function and
Appearance.
The applicant demonstrates that the purpose of the development is to:
(1) Meet practical difficulties and hardships that arise from the existin
repair, alteration or restoration; or
(2) Improve the function and appearance of the structure.
Response: As explained above, staff has determined that the e
property by Isberian Rug Company cannot be altered without ad
conforming status of the commercial use of the property. The staffs
lsberian cannot have retail sales at this property has caused a hards
rendering the property of little use to that business. Staffs position see
to be somewhat arbitrary and unfair, given the long history of past co
the County has allowed on the property, including retail, office and
uses. While the owner never went so far as to apply to the County to
of the non -conformity, it has become apparent that if any other busin
and occupy the property, it will be necessary for the County to first desi
will be permitted there. This application therefore, is intended to over
difficulties and hardships associated with the non -conforming use limits
•
•
•
restrictions upon
isting use of the
ressing the non-
• etermination that
ip for the owner,
ed to that owner
mercial uses that
arehouse/storage
emove the stigma
ss is to purchase
nate the uses that
ome the practical
f the Code.
The applicant has also described above the changes that would be male to improve both
the function and the appearance of the property.
(d) Development Exactions and Impact Fees.
The applicant makes all required dedications to the County in accordance with the
Aspen Rent -All Designation of Non -Conforming Use
Page 14
u016
standards in Chapter 8 for any additional development that is approved pursuant to this
Sec. 9-50-30.
Response: The applicant does not propose any additional development as part of this
application. No existing buildings will be replaced or expanded and no new employees will
be added to the business. The applicant only requests to occupy the property with the
proposed use. Since the buildings in which the use would operate are already operating
as commercial spaces, the applicant does not believe that the change in occupancy
should trigger any exaction or impact fee listed in Chapter 8 of the Land Use Code.
The applicant would point out that this business has been a significant generator of sales
tax and vehicle tax payments to Pitkin County. The business paid in excess of $31,000 in
sales taxes to Pitkin County in 2012. It also maintains what may be the largest fleet of
vehicles in the County that require motor vehicle licenses. Almost $8,000 in motor license
fees was paid to the County in 2012 for this fleet of vehicles. So there is a significant tax
benefit to the County of having this business remain within Pitkin County and not have it
be forced to search for a location further down valley, beyond the Pitkin County line.
Aspen Rent -Ali Designation of Non -Conforming Use Page 15
L;'dJJ1
IV. CONCLUSION
The above responses and the attached exhibits and drawings provide the information that
has been listed as necessary to process this application and demonstrate the
conformance of the proposed use with the criteria of the Pitkin County Land Use Code.
The applicant will respond in a timely manner to requests by any reviewing agency for
supplemental information or for clarification of any of the statements made herein. Please
do not hesitate to contact us if there are any additional materials we can provide.
Aspen Rent -All Designation of Non -Conforming Use Page 16
JOuJ1U
EXHIBITS
00019
EXHIBIT #1
Old Republic National Title Insurance Company
ALTA COMMITMENT
Our Order No. Q62005500
Schedule A Cust. Ref.:
Property Address:
24451 HWY 82 BASALT, CO 81621
1. Effective Date: August 26, 2013 at 5:00 P.M.
2. Policy to be Issued, and Proposed Insured:
"ALTA" Owner's Policy 06-17-06
Proposed Insured:
ZG GIRL EQUITY LLC, A COLORADO LIMITED LIABILITY COMPANY
$1,300,000.00
"ALTA" Loan Policy 06-17-06 $1,040,000.00
Proposed Insured:
TO BE DETERMINED, ITS SUCCESSORS AND/OR ASSIGNS
3. The estate or interest in the land described or referred to in this Commitment and covered herein is:
A Fee Simple
4. Title to the estate or interest covered herein is at the effective date hereof vested in:
KHATCHGAR LLC, A COLORADO LIMITED LIABILITY COMPANY
5. The Land referred to in this Commitment is described as follows:
SEE ATTACHED PAGE(S) FOR LEGAL DESCRIPTION
Copyright 2006-2013 American Land Title Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
AMERICAN
LAND TITLE
ASSOCIATION
00 020
Our Order No: Q62005500
LEGAL DESCRIPTION
A PARCEL OF LAND SITUATE IN TRACT 55, SECTION 17, TOWNSHIP 8 SOUTH, RANGE 86
WEST OF THE 6TH P.M., LYING NORTHEASTERLY OF AND ADJACENT TO STATE HIGHWAY NO.
82, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT WHENCE ANGLE POINT NO. 1 OF TRACT 57, BEING THE SAME AS
ANGLE POINT NO. 8 OF TRACT 56 IN SAID SECTION 17, BEARS NORTH 69 DEGREES
21' 14"W 445.62 FEET;
THENCE SOUTH 45 DEGREES 55'59"E 208.47 FEET;
THENCE SOUTH 41 DEGREES 55'00"W 415.81 FEET TO THE NORTHEASTERLY RIGHT OF WAY
LINE OF SAID HIGHWAY;
THENCE NORTH 44 DEGREES 34' 57"W 208.71 FEET ALONG THE NORTHEASTERLY RIGHT OF
WAY OF SAID HIGHWAY;
THENCE NORTH 91 DEGREES 55'00"E 410.89 FEET TO THE POINT OF BEGINNING.
COUNTY OF PITKIN, STATE OF COLORADO.
00u321
ALTA COMMITMENT
Schedule B-2
(Exceptions)
Our Order No. Q62005500
The policy or policies to be issued will contain exceptions to the following unless the same are disposed
of to the satisfaction of the Company:
1. Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an
inspection of the Land or that may be asserted by persons in possession of the Land.
2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be
disclosed by an accurate and complete land survey of the Land and not shown by the Public Records.
4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not
shown by the Public Records.
5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records
or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record
for value the estate or interest or mortgage thereon covered by this Commitment.
6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes
or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes
or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public
Records.
7. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof;
(c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by
the Public Records.
8. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE
THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES
AS RESERVED IN UNITED STATES PATENT RECORDED OCTOBER 13, 1959 IN BOOK 189
AT PAGE 63.
9. AN UNDIVIDED ONE-THIRD OF ALL OIL, GAS AND OTHER MINERALS IN THE SUBJECT
LANDS, AS SET FORTH IN INSTRUMENT RECORDED SEPTEMBER 11, 1968 IN BOOK 236
AT PAGE 311, AND ANY AND ALL ASSIGNMENTS THEREOF.
10. AN UNDIVIDED ONE-THIRD OF ALL OIL, GAS AND OTHER MINERALS IN THE SUBJECT
LANDS, AS SET FORTH IN INSTRUMENT RECORDED MARCH 17, 1959 IN BOOK 187 AT
PAGE 94, AND ANY AND ALL ASSIGNMENTS THEREOF.
11. EASEMENT 100 FEET IN WIDTH, GRANTED TO COLORADO-UTE ELECTRIC ASSOCIATION,
INC., AS SET FORTH IN INSTRUMENT RECORDED NOVEMBER 8, 1963 IN BOOK 204 AT
PAGE 543.
UDuU22
ALTA COMMITMENT
Schedule B-2
(Exceptions)
Our Order No. Q62005500
The policy or policies to be issued will contain exceptions to the following unless the same are disposed
of to the satisfaction of the Company:
12. EASEMENT AND RIGHT OF WAY FOR AN ELECTRIC TRANSMISSION OF DISTRIBUTION
LINE OF SYSTEM AS GRANTED TO HOLY CROSS ELECTRIC ASSOCIATION INC., IN
INSTRUMENT RECORDED NOVEMBER 14, 1967 IN BOOK 230 AT PAGE 358.
13. EASEMENT FOR UTILITIES 10 FEET IN WIDTH AS RESERVED BY LANDMARK UNIVERSAL
INCORPORATED AS SET FORTH IN INSTRUMENT RECORDED MAY 13, 1975 IN BOOK 298
AT PAGE 703.
14. EASEMENT AND RIGHT OF WAY GRANTED TO ROCKY MOUNTAIN NATURAL GAS COMPANY,
INC. IN INSTRUMENT RECORDED IN BOOK 634 AT PAGE 114.
15. TERMS, CONDITIONS AND PROVISIONS OF PERMANENT EASEMENT RECORDED APRIL 27,
1998 AT RECEPTION NO. 416095.
€ 0U023
EXHIBIT #2
Mr. Michael Kraemer, Planner
Pitkin County Community Development Department
130 South Galena Street
Aspen, Colorado 81611
RE: ASPEN RENT -ALL APPLICATION FOR DESIGNATION OF A NON-
CONFORMING USE
Dear Mr. Kraemer,
I am the owner of the property located at 24551 State Highway 82 in unincorporated
Pitkin County. Ms. Beth Hoff Blackmer of ZG Girl Equity LLC has entered into a real
estate contract to purchase this property from me. I hereby authorize ZG Girl Equity LLC
to submit a land use application to Pitkin County for designation of a non -conforming use
to allow her to move her business to said property.
Should you have any need to contact me during the course of your review of this
application I can be reached at the address and phone number below.
Sincerely,
{
Stephan Isberian, Owne
Khatchgar LLC
300 E. Cody Lane
Basalt, CO 81611
970-927-8541
2���/3
EXHIBIT #3
Mr. Michael Kraemer, Planner
Pitkin County Community Development Department
130 South Galena Street
Aspen, Colorado 81611
RE: ASPEN RENT -ALL APPLICATION FOR DESIGNATION OF A NON-
CONFORMING USE
Dear Mr. Kraemer,
I have entered into a real estate contract to purchase the property located at 24551 State
Highway 82 in unincorporated Pitkin County. I hereby authorize Alan Richman Planning
Services, Inc. to act as my designated representative with respect to the land use
application we have prepared for said property. Mr. Richman is authorized to submit an
application for designation of a non -conforming use to allow me to move my business,
Aspen Rent -All, to this property. He is also authorized to represent me in meetings with
Pitkin County staff and the County's review bodies.
Should you have any need to contact me during the course of your review of this
application you may contact me directly or you may do so through Alan Richman Planning
Services, Inc., whose address and telephone number are included in the land use
application.
Sincerely,
Eii/Joci,,
Beth Hoff Blackmer, Owner
Aspen Rent -All
ZG Girl Equity LLC
208 Aspen Business Center
Aspen, CO 81611
970-925-3285
U0U325
EXHIBIT #4
PITKIN COUNTY PRE -APPLICATION CONFERENCE SUMMARY
LOCATION: 24451 Hwy 82 PID# 246717400021
OWNER: KHATCHAGAR LLC ZONING: AR-10 ACRES: 1.977 acres
APPLICANT: Beth Hoff Blackmer
REPRESENTATIVE: Alan Richman PHONE: 925-2323 EMAIL: arichman(u,sopris.net
DATE: August 12, 2013 PLANNER: Mike Kraemer, 920.5482
Type of Application: Designation/Expansion of a Non -conforming Use
Description of Project/Development: The Applicant is requesting BOCC approval for designation of a non -conforming
use at the above mentioned property. The property has housed various uses throughout its history and the Applicants are
desirous of formally acknowledging those uses on the property and potentially expanding a future use.
Land Use Code Sections to be addressed in letter of request (application):
Sec.9-50-30: Restoration or Expansion of Non -conforming Structure or Use with Significant changes.
Staff will refer the application to the following agencies: Town of Basalt, Holland Hills Metro District, Zoning (Joanna
Schaffner)]
Review by: BOCC
Public Hearing: Yes, the Applicant shall post a public notice sign on the property at least 15 days prior to the date
specified for the Administrative Decision pursuant to Sec. 2-20-100(a)(3) of the Land Use Code. In addition, the
Applicant shall mail notice (by IS` Class mail) to all property owners within 300' of the subject property with the return
address of the Community Development Department (form of notice to be obtained from theCommunity Development
Department). The names and addresses shall be those on the current tax records of Pitkin County, as they appear no more
than 60 days prior to the date of the public hearing. A property owner receiving the public notice shall have 2 weeks
from the date the notice was postmarked to submit comments or objections to the Community..
FEES: $1,938 (make check payable to "Pitkin County Treasurer")
■ Planning Office flat fee: $1,560 (non-refundable; based on 5 hours of staff time. If staff review time exceeds 6 hours, the
Applicant will be charged for additional time above 5 hours at a rate of $3121hour)
o Public Notice Fee: $54
o Environmental Health: $324
To apply, submit 6 copies (one unbound) of the following information, unless noted otherwise:
1. Summary letter explaining the request, providing background on prior approvals and permits, and addressing
compliance with the Code section listed above.
2. Outline of historic uses on the property using photo's, archived media, affidavits, etc.
3. Proof of ownership of subject property;
4. Parcel description, including legal description and vicinity map;
5. Total fee for review of the application;
6. Signed fee agreement (1 copy);
7. Consent from owner(s) to process application and authorizing the representative — if applicable (1 copy)
8. List of all property owners within 300' of the subject property (1 copy)
9. Copy of this pre-app form
UUuU26
EXHIBIT #5
accorded at 3:55 P.M., Mar 5, 1975 Julie Mane. Recorder acc ption Number:
202299 ..
toox 344 to 407
RESOLUTION OP THE BOARD OP COUNTY
COMMISSIONERS or PITKIN COUNTY, COLORADO
ADOPTING VARIOUS AMENDMENTS r0
THE PtTJ IN COUNTY LAND USE CODE
Resolution No. 7841,3
-
wRERtAS, the Board of County Coauniesionere, at its meeting
held February 13, 2978, did conduct public hearings on, and
subsequent thereto, did approve, various amendments to the
Pitkin County Lend Use Code, which approvals the Board wishes
to make of record in resolution form,
NOW. THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Pitkin County, Colorado, that Section 7.12
of the Pitkin County Land Use Code be and nereby is repealed and
reenacted to read as follows
7.12 Increased Amortization Period; Exemption from
Abatement Provisions
A. In the event that en owner or occupant of a non-
conforming use believes the five (5) year abate-
ment provision of Section 7.10 unduly harsh in
its application to him (and wishes to be exempted
from the abatement provision or seek an extended
amortization period) or has been denied approval
as a Public Service Use by special Review pursuant
to Section 7.11, he may apply, pursuant to the
provisions of this Section, for an extended
amortization period or for exemption from abate-
ment, all as hereinafter provided.
b. In order to carry out the purposes of this Section
7.12, Pitkin County shall, on or before March 31,
1978, and by certified mail, give to all owners
or occupants of nonconforming uses subject to
abatement under Section 7.10 who have not previously
applied hereunder, notice of the provisions of
this Section 7.12 and no proceedings shall be
initiated to abate any nonconforming use during
the expeditious process of an application filed
hereunder within ninety (90) days of receipt of
such notice.
,{ c. All epplicatione for exemptions or extended
amortization periods shall be tiled on forms to
be supplied by Pitkin County designed to supply
information sufficient to address those review
criteria described in subparagraph e.
d. The Pitkin County Zoning Enforcement Officer may
on his own initiative and with the consent of
the owner of a nonconforming use, process an
application for exemption on behalf of such Owner
OUu02 i
344 ma408
when be feels the granting of an excerption is
appropriate. Provided, however, that the Officer
may not apply for an increased amortization period
on behalf of any owner, nor shall an owner be
precluded from reapplying, on his own behalf, for
an exemption in the event the Officer's application
is denied.
e. All applications for extended amortization periods
and exemptions shall be forwarded to the Planning
and zoning Commission for review and recommendation.
The hoard of County Commissioners, on receipt of
such recommendation and subsequent to a public
hearing conducted pursuant to the notice require-
ments of Section 7.17, may grant a request for
an extended amortization period or an exemption
having taken into consideration each of the
following:
1. The nature of the nonconforming use, the
character of the improvements, and the date
the nonconforming use was established.
2. the normal useful remaining life of the
improvements.
3. The cost of the improvements (excluding land),
the extent to which they have been depreciated,
and their salvage value,
4. What percentage of the owner Or occupant's
entire business consists of nonconforming usea.
5. The monopoly or advantage, if any, resulting
to the owner or occupant by reason of the
fact that similar new uses are prohibited
in the same area.
6. The adverse impacts of the nonconforming use
on the neighborhood and County as a whole.
7. The extent to which reasonable measures have,
and say, be taken to eitigate such adverse
impacts and the assurances given by the owner
or occupant.to undertake (or continue) such
measures.
f. The Board, by written resolution, shall make
appropriate findings of fact and conclusions based on
substantial evidence and the standards for review
stated above, a copy of which .findings and conclusions
shall be made of record in the offices of the Pitkin
County Clerk and Recorder.
In no event shall an exertion be granted or an
increased amortization schedule be approved for
any nonconforming use required to be abated pursuant
to the provisions of Section 7.03 (Unlawful Uses),
Section 7.06 (Restoration of Damaged or Non -con-
forming Use) or Section 7.09 (Discontinuance of
Non -conforming Use).
h. in no event shall the failure of Pitkin County to
notify property owners or occupants (pursuant to
paragraph b.) of the provisions of this Section
7.12 constitute a defense to any action by said
County to enforce the provisions of this Section
7, NOW -CONFORMING USES AND LOTS.
g.
,. 2-
u0u028
scoc344 rAct400
BE IT FURTHER RESOLVED, that Sections 9.01 and 9.02
(subsections 9.02.01, 9.02.02, 9.02.03 and 9.02.04) of the
Pitkin County Land Use Code be and hereby are repealed and
reenacted to read as follows:
9.01 Scope and Authority
From time to timethe Board may amend any sections.of
this Code, including the number, shape, boundaries,
area or requirements of any zone district or areas,
and way create new distriote .and areas. This section
sets forth all procedures for adoption of amendments
to provisions of thus Code except those provisions
pertaining to private application for rezoning (Section
6.03) and adoption and amendmenda of Reference Materials
(Section 11.03).
9.02 Private Applications
9.02.01 Private applications for amendments to the provisions
of this Code shall be submitted to the Planning
Office no later than June 1st for consideration in
that year. A public notice that applications are
being accepted shall be given no later than the
first day of May by at least one publication in a
newspaper of general circulation in the county.
9.02.02 A private application for change in the language
of the Code shall include the name and address of
the applicant and the language proposed for
addition, deletion, or amendment. Bucb application
shall be reviewed in accordancd with procedures
outlined in Section 9.03 below.
9.02.03 A private application for rezoning shall contain
the submission contents and be reviewed in accordance
with the procedures specified in Section 6.03,
General Submission. The Planning Office shall
certify the application as complete no later than
the first of July, otherwise the application shall
not be considered in that year. The Planning Office,
may, however, require additional information in
the course of its review.
9.02.04 All private applications for amendments to pro-
visions of this Code shall be considered by the
Planning Commission no later than the first of
September of each year (unless both the applicant
and the Commission shall agree to waive this
requirement) .
BE IT FURTHER RESOLVED that the Pitkin County Land Use
Code be amended by the addition of Section 4.06 to read as
follows
4.06 Annual Review of Subdivision Applications
In order to meet the objectives of the Aspen/Pitkin
County Growth Management Policy Plan, subdivision
- 3 -
��l:11 '
Boa 344 suc 410
applicationsshall be submitted and considered only
once a year. Applications shall be submitted to the
Planning Office no later than June 1st. A public
notice that applications are being accepted shall be
given no later than the first day of May by at least
one publication in a newspaper of general circulation
in the County. On or before September let. the
Building Inspector shall make a report to the P i S
Commission regarding the number of residential
building permits issued in each growth management
area. The above requirements notwithstanding,
any application for subdivision exemption or for a
subdivision which involves the division of a parcel into
no more than two single family residential lots may
be submitted and considered at any time during the year.
BE IT PINALLX RESOLVED that the first and second paragraphs
of Section 3.01.07 b. 3 of the Pitkin County Land Use Code be
and hereby are repealed and reenacted to read as follows
3.01.07 b.3. Having completed the preliminary application
conference, and there having discussed specific
areas of concern where additional information is
required, the applicant may proceed with his
P.M.H. zone application by preparing general
submission contents as specified in Section 5.03.
In addition to the contents specified in Section
6.03, the applicant for P.M.H. must submit a
development plan which details housing factor& 1,
2, and 3 above. This information is presented on
the P.M.H. General Submission form which is
available at the Planning and Housing Authority
Offices.
Except for 1976, all private P.M.H. applications
must be submitted to the Planning Office no later
than June let. The applications must be certified
complete by the Planning Office, with develop-
ment/housing plan and general submission contents
no later than July lstt otherwise the application
shall not be considered that year. The Planning
Office may, however, require additional information
in the course of its review.
27th day of February, 1978.
•
ounty At
y
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
4
gri#7"1—i-1
EXHIBIT #6
r
s.,.�-.+..r.. ..-•. s� .n-r-��...... lw.r �t s�..•�•.��"�i.•
r..,,ii:`+TT.'
•
_' 1 •s S3�}1.fil.liclh�i?s'i... t 1'•.a ,a:.i,i
p;S tau :s�`is '+. :'B�'.`FG').�-7 Y`{fi i. Ne. "4'fi►bE:h..ils sii ::.+'if• iF
Recorded at 4156 P.N. Nay 10, 1979 Loretta tanner Recorder Ra¢ePtton }to; 23.4370. ',• , ,
433
RESOLUTION OP THE BOARD OP COUNTY COMMISSIONERS ` rkt '
OP PI't(IN COUNTY,_ COLORADO, EXEMPT/NG VARIMB
USES PROWTHE ABATEMENT PROVISIONS
OF THS PXTXIH COUNTY LAND USE CODS AND
GRANTING SPSCIAL REVX£W APPROVAL TO S UTellAH-CSREAB
Resolution No. 79-1
4141
WHRRRA9, The Beard of County CO:eraiseioners of Pitkin County,
Colorado, with the adoption of its resolution 78-23, has established
a procedure for the consideration of applications for exemption
from (or increased amortization periods with respect to) the
abatement provisions of the Pitkin (County Mand Use Code, and
WHEREAS, applications for exemption or an inoreased amortization
period has bean received for various nonconforming uses within
Pitkin County, namely:
1. Roaring Pork Grocery;
2. Lazy Glen Greenhouse a Antiques;
3. ea Haven Trailer vouxt}
4. Morning Star Trucking Corporation;
5. tDooger Digging;
6. Highland Welding F Imbrication;
7. Basalt Electric;
8. Stuteraan-Cerbes Earth Moving Contraotore; and
WHEREAS, subsequent to the receipt of a recommendation from
the Planning and Zoning Comonission, the Board did, on March 26, 1979,
after proper notice had been given, conduct a publin hearing on
these Epplications, and
WORRSAs, upon reviewing the recommendation of the Planning
and zoning. C.omraiesicn and Pitkin County Planning Office, and
exhibits, testimony and constants of the Applicant and members of
the public, the Board has determined that each of these uses ha*
adverse lend use impacts which can be mitigated by compliance with
the conditions hereinafter enumerated; that nons.hae severe adverse
impacts requiring abatement as nonconforming uses; and Stutamaan-
Gsrber should, in fact, receive Special Review approval as a
public service use puvsUent to 8eotian 7.11 of the pitkin County
Lend Use Coda.
uOu331
.•
i
.� t 1 .E r z ;.' i rAty aeirotas
1111409 NAM
MDR, TUSRBPOAt, 08 IT R880LVED by the Board of County
Commissioners of Pitkin County, Colorado, pursuant to the provisions
of Section 7.11 and 7.12 of the pitkin County Land Usa Code.
BoarinQ Pork Grocery
That thie use be exempted from the abatement provisions of
Section 7.10 of the Pitkin County Land Use Code conditioned upon
compliance by the Applicant of the following oonditibn: The
Apgiioant• shall dedicate lends necessary for, and assume the aoste
of, any improvements required by the County Engineer to be made
ec a result of his redesigning the Appiicentes acaasa to and from
Highway 82.
Lary Glen Greenhouse end Antiquee
That this use be exempted from the abatement provisions of
aeotion 7.10 of the pitkitt County Land Use Code conditioned upon
compliance by the Applicant of the following conditions:
rb out to
l« one central po�lof accessl reduce imeeti gthe The Aplicant ene capprova of
the County Engineer. d other
2« The Applicant
commercial vehialssialon aetheppaa rhighvey right king trucks nof may.
De Haven Trailer Court
That, inasmuch as the Applicant intends to voluntarily
discontinue this use, that he be granted en innteased amortization
period of tour (4) years (from the date of this resoluti0n)'to do
so.
Wager Rigging: Hoxnint,star Tracking
That these uses be given an unconditional exemption from the
abatement provisions of &motion 7.10-of the Patin County Land Use
Coact.
Highland Welding
That thie use be exempted from the abatement provisions of
emotion 7.10 of the Pitkin County Lend Use Code conditioned. upon
aomi,iienoe by the Applicant of the following conditions:
1. The Applicant, within one year of the date of this
resolution, shell. berm and/or screen the area between
the Applicant's premises and Highway 82 in such a
manner es to the approval ofreen the premises: the County eengineerurtt+sz, meeting
2. The Applicant shall mark his entrance in a nennor meeting
the approval of the County engineer.
i
u 332
•
111':V.: Il,P&A:•' . 3 rlai' Mai 1F IG
3G8 tut 435
Basalt Electric
That this uca be exempted from the abatement provisions of
section 7.10 of the Pltkin County Land Use Code conditioned upon
compliance by the Applicant of the following conditions:
1. The Applicant shall fill and/or terrace and vegetate the
cut embankment on the pramisee to the eatisfaction of the
2. The Applicant shall refrain from the long term parking
(for storage purposed of tractor trailers on the
premises.
3. The Applicant shall cease the outdoor storing of
building materials on the premises.
4. The Applicant shall remove the chicken wire storage
shed presently on the premises.
Stutsman-Oerbes
That this use be granted Special Review approval as a
pubiio service use pursuant to the provisions of Section 7.11
of the Pitkin County Land Use Code conditioned upon the Applicant,
within one year of the date of this resolution, barming and/or
screening the area between the Applicant's premises and Highway
$2 in such a manner as to screen the premises and, further, meeting
the approval of the County Engineer.
as IT FURTHER REBoLVeD, that whenever any applicant shall
have satisfied all:conditions enemeerated above for. the grant of
an exemption from abatement or special review approval, Its shall
notify the Board which will, at that time, snake of record a grant
of exemption or special review approval. Unconditional exemptions
shall be effective as of the date of thin resolution.
BE IT FURTHER RESOLVED that the County Attorney Shall initiate
proceedings for abatement in the invent that the Applicants shall
not pursue the eatiefaction of conditions for exeeption'in a
timely manner.
Approved by
Cold4adv, at its
e.�kwk5,14i-
the Board of Commissioners, County of Pitkin,
regular meeting held May 7, 1979.
`E' �' fib � ; "'del a act
14% Deputy County Clerk
4•
{
'I
APPAOVED tt TO FORM:
Sandra ndra H. Stuller
BOARD OF CO HISSIONKRE
COUNTY Or PrTKIa, COLORADO
By: 441
Jp sp . arils, J
Chairmen
UOuj33
EXHIBIT #7
SGM
www.sgrn-inc.cam
October 31, 2013
Mr. Alan Richman
Alan Richman Planning Services
P.O. Box 3613
Aspen, CO 81612
RE: 24451 Highway 82 — Aspen Rent -All CDOT Access Permit
Dear Alan:
At your request, we have evaluated the feasibility of obtaining a COOT Access Permit for use of the
property at 24451 Highway 82 (Pitkin County, CO) by Aspen Rent -All. The owner of Aspen Rent -All, Beth
Hoff Blackmer, provided us with detailed information on daily traffic trips for the business. We also have
evaluated Highway 82 in that vicinity for sight distance and presence of turning lanes.
SGM met with Dan Roussin (Region 3 Permit Unit Manager) of COOT and G.R. Fielding (County
Engineer) of Pitkin County on Wednesday, October 16, to review the intended uses and the state of
Highway 82 adjacent to the property. Highway 82 in that location has two travel lanes in each direction, a
center turn lane and an acceleration/deceleration lane in the northwest (downvalley) direction of travel,
i.e., the same side of the Highway as the subject property. There is one access drive on the opposite
side of Highway 82, but that access is slated to be relocated further upvalley from 24451 Highway 82 as
part of the recently approved project for that site. There are several access drives that are also on the
downvalley side of Highway 82 in the vicinity of the subject property, but currently there is no practical
way to combine these access drives due to parcel ownership constraints.
The traffic generated by the Aspen Rent -all business activities typically would trigger the need for turn
lanes. However, all required turn lanes currently exist along that portion of Highway 82. The highway is
generally straight and flat in the vicinity of the property. Sight distances are good in each direction with
only a slight impediment from a retaining wall on the adjacent property to the southeast. The
acceleration/deceleration lane helps to mitigate that issue and provide adequate sight distance in that
direction.
The current access drive has a width of 25' to 30', which is sufficient for the intended site activities.
Existing grading of the driveway does not appear to pose any issues relative to shedding water onto the
highway. An existing culvert under the driveway will need to be cleaned out.
Based on the analysis and discussion with COOT and the Pitkin County Engineer, it was determined that
no physical modifications are required to either Highway 82 or the 24451 Highway 82 access drive. A
CDOT Access Permit can be obtained for the site for the intended uses of Aspen Rent -All. With a
completed application to COOT, including our traffic analysis, they will issue a permit and notice to
proceed. We can proceed with that permit process at any time.
GLENWOOD SPRINGS 118 West Sixth St, Suite 200 I Glenwood Springs, CO 81601 1970.945.1004
Ui;J34
October 31, 2013
24451 Highway 82
Page 2
SGM
www.sgm-inc corn
Please let me know if you have any questions or if I can provide any additional information.
Very Truly Yours,
SGM
Matthew T. Webster
Engineering Manager
cc: Beth Hoff Blackmer, Aspen Rent -All
1:1201312013-4601A_Corresp124451 _Hwy82.doc
00u335
11+01/2013 09:31 9709633.4E
LOUIS' SWISS PASTRY INC.
400 A AABC, ASPEN, COLORADO 81811
(970) 925-8592 FAX (970) 925-1269
EXHIBIT #8
To the Board of County Commissioners:
PAGE 01; 01
Louis SMASS Bakery is located next door to Aspen Rent -Ail. We
have been sharing a fence for more than 15 years. Whenever
possible we have our back doors open for an and cooling our
baked goods. We have not been affected by Aspen Rent -All being
right behind us. They keep their yard clean and organ i7.ed. Their
day to day operations have had no impact on our business. They
have been excellent neighbors!
SinoepaY.
u0u03
October 23, 2013
To the Board of County Commissioners.
My name is Mark Uhlfelder and I am a partner in Ski.com. Our headquarters is in Building 210 at the
Aspen Airport Business Center, where we moved approximately 10 years ago. Beth Hoff Biackmur,
whose business, Aspen Rent All, is adjacent to our business, has asked me to describe their operation.
My office and a number of others face Aspen Rent -All. In the 10 years we have worked here, Ski.com's
business has not been affected by their noise or operations. Additionally, they lease a lot from us for
parking their delivery vehicles, which is kept clean and neat. Aspen Rent Airs customer traffic has had no
affect on our business and is minimal.
Aspen Rent -All is a good neighbor and we are sad to see them leave the business center.
Regards,
Mark Uhlfelder
VP
uuu337
Beth Blackmer
From: Rachel Middleton <rachel@jrnbemsteinlaw.com>
Sent Monday, November 04, 2013 1:56 PM
To: beth@aspenrentall.com
Dear Beth:
I have been a resident in the apartment above your business at the ABC for just over a year. Neither noise nor traffic has
ever been an issue, even given my dose proximity to the business. Your staff is also a great crew of very respectful folks.
I wish you the best of luck and success in the future of your business!
Thank you,
Rachel Middleton
Paralegal
Law Office of Jeremy M. Bernstein
215 S. Monarch Street, Suite 202
Aspen, CO 81611
970-925-1888
970-925-4811 (fax)
rathelPimbeinsteinlaw.com
This electronic mail transmission, and any accompanying documents, contain information belonging to the sender which
may be confidential and legally privileged. This information is intended only for the use of the individual to whom this
electronic mail transmission was sent. If you are not the intended recipient, any disclosure, copying, distribution or
action taken in reliance on the contents of the information contained in this electronic mail transmission is strictly
prohibited. If you have received this electronic mail transmission in error, please notify the sender immediately.
To ensure compliance with requirements imposed by the IRS, we inform you that any federal tax advice contained in this
communication (including any attachments) is not intended or written to be used, and cannot be used, for purposes of
(i) avoiding penalties under the Internal Revenue Code, or (ii) promoting, marketing or recommending to another party
any transaction or tax -related matter addressed herein.
This transmission and any attachment is attorney privileged and confidential. Any dissemination or copying of this
communication is prohibited. If you are not the intended recipient, please notify us immediately by replying and delete
the message. Thank you.
UO U33
1
EXHIBIT #9
November 5, 2013'
Pitkin County Board of Commissioners -
This letter is in regards to Aspen Rental-All's request to designate the property located at 24551
Highway 82 into a non -conforming business site. This property is a direct neighbor to the
Roaring Fork Club and can be viewed from our Club. We do not oppose the proposed change of
this site.
Please feel free to contact me with any further questions.
Kamen Baxter
General Manager
UJuJ3..
I
tr! 970/927.9000 ja., 970/927.4I01 wfl www RoaringForkClub.com
11( k 1114 1,1 51 i.. 1,1C,N11UIdl C 01,14,,1 1,1\I�-E-II-0.'t� 1 ���= S ,Uti1Nti MI 1,11. I I5
Beth Blackmer
From: Tim Belinski <tbelinski@indventures_coma
Sent: Saturday, October 26, 2013 11:26 AM
To: Beth Blackmer
Subject RE: Pics and Pdfs of the property
Hi Buth
Thanks for providing me the update and plans for the Isberian building. They look fine and # don't see anything that
registers as a concern from my standpoint as an owner of a nearby building.
Let me know it anything crops up that would warrdrtt getting involved to help out.
Good luck!
Tirn
Tim Belirrski
president
IND ventures
970.277.1100 o 1970.274.4711 c
wilitts town center - basalt, Colorado
CONFIDENTIALITY NOOCE: The contorts of this e-rri: iI rnc,srge, along viith try attachment;. are covered by s' tr• and federal law governing
electronic rommurications and may contain confidential art, legally privileged infcrrnatioy. I he information is intended solely for the use by the
individual or entity nJrned ebt_:ve. I# you are not ttiu iirteri e rucipit.rt, you arc hereby rotifred that Tiny disclosure, copying, rhstributio.i Cr taking
of any ectiun or reliant.e on trio tvrter.ts of this c-rn^itec information% including attachments, s strictly nrohib:ted. it you received this e-mail in
error, please immediately contact the sender .inn delete the e-ma.l and arAv attrchmri:ts from ::II of your ccrnpute:r',.
MAPS AND DRAWINGS
M
0
0
0
I
I
N
C3
iM3MrilEas
i ' 4 it 4 : pi; I;t .11 'Ili 11 li 11111 ii 1-
1 111 it 1 1 48 it! lit Iht 41 ;I ! 1,111;11111i-
i ill 9 i 1 l!P Ill Hi '1111 Pi li ill INIIINT!'``
fi'�i it1 t i erg; {!i!PII ' o�tgpp
iiipl2;
!!1ai!lli;II i j 1 t, = it alb' !;, 41i 1.; s1 .1 1.141iI;i IN
b• $r gnt�,�i!i i # il ii i £i 11$l a1i1 IL 1hh iii ij li ilhhl i
y
E"
- LEGEND
1
A
Improvement Survey Piof
1
1
1
OfI
,,nn n
PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES
PITKIN COUNTY (hereinafter COUNTY) and ZG Girl Equity LLC (hereinafter APPLICANT) AGREE
AS FOLLOWS:
1. APPLICANT has submitted to COUNTY an application for Designation of a Non -
Conforming Use (hereinafter, THE PROJECT).
2. APPLICANT understands and agrees that Pitkin County Ordinance No. 30-2009
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. The fee structure is based on the County's
policy that development shall pay, in full, the cost of development review in Pitkin County. Fees have
been set to be consistent and fair to the public and to reflect the expense incurred in providing such
services to the public.
3. APPLICANT and COUNTY agree that because of the size, nature or scope of the
proposed project, it may not be possible at the time of application to ascertain the full extent of the costs
involved in processing the application.
4. APPLICANT and COUNTY agree that fees charged for the processing of land use
applications shall accumulate if an application includes more than one type of land use review.
5. COUNTY and APPLICANT further agree that it is impracticable for COUNTY staff to
complete processing or present sufficient information to the Planning Commission and/or Board of
County Commissioners to enable the Planning Commission and/or Board of County Commissioners to
make legally required findings for project approval, unless current billings are paid in full prior to
decision.
6. Therefore, APPLICANT agrees that in consideration of the COUNTY's waiver of its
right to collect full fees prior to a determination of application completeness, APPLICANT shall pay a
base fee in the amount of $1,560 which is based on 5 hours of staff time. If actual time spent by staff to
process the application exceeds the average number of hours by more than 20%, then the COUNTY will
bill the APPLICANT quarterly for the additional time spent. 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.
PITKIN COUNTY APPLICANT
Cindy Houben
Community Development Director
ZG Girl Equity LLC, Beth Hoff Blackmer
6X'67oa4ue.
Signature
Date: /O _ I
Mailing Address: 208 Aspen Business Center
Aspen, CO 81611
06Lr046
MISCELLANEOUS
DOCUMENTS