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HomeMy WebLinkAboutbocc.packet.spec.05182004PITKIN COUNTY COMMISSIONERS WORK SESSION AGENDA Plaza One Conference Room TUESDAY, MAY 18, 2004 (Jack Hatfield not present) 10:00 AM 11:30 SPECIAL MEETING Executive Session Special Use Permit - Copper Palace, Lance Clarke ADJOURN SPECIAL MEETING 12:00 NOON LUNCH BREAK 1:00 PM 1. West Buttermilk Metro District, Jim Elwood 1:30 2. Memos of Interest Future Agendas/Agenda Requests BOCC Open Discussion 2:15 3. Microwave Radio Spectrum Usage, Mark Gamrat 3:15 BREAK 3:30 4. White Banks Alabaster Mine Review, Lance Clarke 4:00 5. Joint Meeting with Board of Adjustment, Joanna Schaffner 4:50 PM ADJOURN WEDNESDAY, MAY 19, 2004 12:00 NOON Senior Council Lunch at Senior Center 9-3:30 PM Local Solutions for Maintaining Public Lands Workshop, Tom Baker Health & Human Services FRIDAY, MAY 21, 2004 1- 4:30 PM CCI RS2477 Meeting Denver Offices of CCI AGENDA ITEM SUMMARY BOCC Special Meeting: May 18, 2004 Agenda Item: Special Use Permit-Copper Palace, Starwood Subdivision Staff Responsible: Lance Clarke, Assistant Director of Community Development Rose Ann Sullivan, Pla~'mg Technician Description of Issue: The Starwood Homeowners Association has had continuing issues with the use of the Gradow residence (Copper Palace) for special events and temporary commercial uses. The Board determined that staff should refer all permit requests for special events/temporary commercial uses to the Homeowners Association and that if the Homeowners Association objected to a particular event the Board would consider the request. Aspen Grassroots has applied for a permit for a fundraiser event at the Gradow residence on June 8, 2004. The Homeowners Association has objected, and has requested that staff not issue the permit. The event application and the letter of objection are attached. ACTION: The Board should direct staff whether or not to issue the permit, and consider providing direction on protocol for further event requests in Starwood. lancec/A1Scopper palace.doc PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT TEMPORARY COMMERCIAL USE/SPECIAL EVENT PERMIT --- INFORMATION ON THE PERMIT PROCESS AND APPLICATION The temporary use and occupancy of public or private properties and/or roadways for commercial activities or special events that are not otherwise permitted within a specific Zone District may be permitted by the Community Development Director.' The Community Development Department coordinates the review of these activities/events by various referral agencies in order to ensure that the activities/events are conducted in a safe manner, and that any impacts on the community or on public resources are mitigated by the permittee. The permittee is required by the Code to demonstrate that adequate provisions have been made for police supervision, public parking, insurance, site set-up, maintenance and clean-up, emergency services, and safety of operations. A permit will not be issued unless these requirements are satisfied. Special Events include, but are not limited to the following: Public events for amusement or entertainment, such as concerts or festivals; Fund-raising or non-commercial events to benefit nonprofit religious, educational, or community service organizations; and Foot races and bike races. Temporary Commercial USes include, but are not limited to the following: Filming of movies, commercials, or promotional spots; and Trade shows. EXEMPT EVENTS: Is this a fund-raising or non-commercial event for a nonprofit ~" Yes r~ No religious, educational, or community service organization? Will the event be conducted entirely (including parking) in a ~' Yes r~ No permanent facility on private property owned or leased by the sponsoring entity? / Will the event have a maximum duration of 1 day and be limited to r~ Yes a" No the hours between 8:00 AM and 9:00 PM? If you answered YES to ALL of the questions above, then a permit from the Community Development Department is NOT REQUIRED. However, you must still obtain any other required permits or approvals, such as a special event liquor license, pyrotechnics permit, etc. Contact Community Development at (970) 920-5526 for assistance in determining what other permits may be required. In addition, you must notify the Sheriff and the County Engineer of the time, place and estimated attendance for your event at least 72 hours prior to the event. OTHER EVENTS AND USES: If you answered NO to ANY or ALL of the questions above, you must complete the attached application and submit the required fee and application (with all required attachments to the Community Development Department for review. See Subsection 3-200-030 of the Pitkin County Land Use Code (the "Code"). 3-30-04 ~ The Community Development Department will be the primary contact for the applicant during the review process. Once the completed application and fee are submitted, Community Development will distribute the application to the necessary referral agencies and, if necessary, will schedule a date for the referral agencies to review the application with applicant and/or put the referral agencies directly in touch with applicant. Following review of the application, the Community Development Director will issue an Administrative Determination granting or denying the permit. The Board of County Commissioners reviews events of duration longer than 72 hours. Special event permit applications and temporary commercial use permit applications shall be submitted to the Community Development Department not less than 60 days prior to the event date, along with the following: = 4. 5. 6. Fee for application: $1260 (Major Events), $420 (Minor Events); make check payable to "Pitkin County Treasurer". Whether or not an event constitutes a "Major Event" or a "Minor Event" will be determined by staff at the time of submittal. The fee is based on 2 hours of staff time, for Minor Events, and 6 hours of staff time, for Major Events; if staff review time exceeds 2.4 hours for Minor Events, or 7.2 hours for Major Events, the applicant will be charged for time in excess of 2/6 hours at a rate of $210 per hour. Map (sketch or site plan) of event site, detailing any temporary or permanent structures, street closures, all impacted properties (identifying owners), and parking. Vicinity map. Schedule of events/activities. Detailed Sa.~.~_and Operations Plan (see Attachment A). ~ ' ~ Proof o~Liabili~ion (naming ~n County-"~as an "Additional Insured") and(proof of Liquor Liability insUran~'~ (if applicable .~'~-~ Letter of authorization/executed contract gr:~nting app~'FO'val to use the specific site(s) from public or private property owner(s). Written approval of any applicable Caucus(es)/Homeowners' Association(s). Copies of all other applicable permits. (Some helpful contacts and references are included in Attachments B and C.) Other permits may be processed concurrently with the application. 3-30-04 PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT TEMPORARY COMMERCIAL USE/SPECIAL EVENT PERMIT APPLICATION Please answer the fo/lowing questions in detail. If an item does not pertain to your activity/event, please mark it "N/A." 1. Name of event/activity: ~ ~_ ¢~.~; ~: ~-~' ~---~~ 2. Location of even~activi~: O ~; ~, p~ ~ ~ 3. Type of evenFactivity (parade, asCembly, sporing event, filming, etc.): If the evenFactivity involves movement (e.g., parade, foOt race), describe the route, including staking and dispersal locations, and attach a map. ~ 4. Name of applicant (sponsoring organization/event coordinator): Phone(s): ~ - ¢'~(% ~ ~/ .... ' - ' / E-maih ~ ~ ~, / Name and title of p~on primarily responsible for oversight of evenFactivi~: Address: ~;z q2(~- ~/ ,- ,, . ', '~ ,., - Phone(s): ~. j /p~ W ~ ~; E-mail: ~ ~'~~- ~,//~ Cell phone, rad'o frequency or other mea~s o~ c~ntac~ during th~ ev~n~act~vit~ ~ 5. Date(s) of event/activity'. Starting time(s): ~" ', Ending time(s): //' ~, Number of people involved (including participants, staff (including volunteers), and spectators): If you will be using volunteers, what type of advance training will they be receiving and when? V ~ Will you provide notification of the event/activity to the public and/or to adjacentJaffected property owners? ~ If YES, describe who you will notify, when, and how: Are you planning to erect temporary structures or tents? If so, describe location, size, purpose, and if they ?ill be h, eated/air cooditioned: 10. 11. 12. Temporary structures shall conform to any and all applicable building codes and other County regulations. The applicant shall obtain any required building permits from the County Building Department. ifa tent is to be erected, the Fire Marshal shall be contacted to complete a life safety inspection prior to the event. Do you reQuire~lectricity: if so, what is the source of your electric power. 'CE Temporary electric power-connection(s) sha(I cotnform to any and aft appficable electrical codes and other County regulations. The applicant shaft obtain any required electrical permits from the County Building Department. Will there be amplified sound, music, or fireworks? If YES, please describe: If fireworks are planned, the applicant shaft obtain approval and a permit from the applicable Fire Marshal and the Sheriff, and shall comply with the County regulations on Noise Abatement (Code Title 6, Chapter 6.36). Will any food be sold? ~/~ If YES, the applicant will be required to submit an Event Information Application to County Environmental Health. Applicant may also be required to submit an Event Coordinator's Application and, in connection with its food vending, applicant shall submit, or require each of its independent caterers to submit, a Special Event Food Sen/ice Application to County Environmental Health. Will you be providing portable toilets and/or hand-washing stations? ,,~r~ If so. where will they be located and how many will be provided? 13. Describe the types, number and location o[ trash/recycle containers to be provided: {~, , Trash/recycle containers and toftets/hand-washing stations must be removed within 24 hours of the event/activity. Name, title, address, e-mail a~nd teleph_one number(s) of person responsible for clean up: Z O; o Will beer, wine, or other alcoholic beverages be dispensed at your event? ~ If YES, complete A~achment D and contact the County Clerk & Recorders O~ce to determine if you need to obtain a State of Colorado Special Event Liquor License Permit· 14. Are you requesting use of any County properties (e.g., parks, trails)? /A/O If YES, please specify: 15. 16. The County may require applicant to post financial security to ensure restoration/revegetation of County property. Are you requesting road closures? /~/O If YES, please include date(s) and times: Road From To , Date Road From To , Date If road closures are approved, the permittee will be required to publish notice of the closures in local daily newspapers at least 2 days prior to the closures. If you do ngt require road closures, wilt your event/activity use any public or private roads? ,~/'~ If YES, describe: 17. Where will you provide parking? ~/'?,¢, ~'~ Number of spaces available at each location: Describe any arrangements made for towing illegally parked vehicles: 18. Will shuttle service be provided? ~ If YES, describe shuttle service (including hours of operation) and methods to be used to encourage use of public transit: 19. Describe traffic control measures to be instituted: 20. How many personnel will be provided for security, and traffic and harking control? . Identify any subcontracted security and traffic/parking control service providers (name, address, contact person, telephone number(s), and e-mail):~ Law enforcement services will be charged out at the current hourly rate established by the Sheriff's Department and ONLY if resources permit. The Sheriff reserves the right to place officers and staff at the event, at the permittee's expense, if deemed necessary in the interest of public safety. For further information, contact the Sheriff's Office. 21. How many and what size vehicles and equipment do you plan to use to stage the event/activity? Pleas~e provide the location for stag ng of a veh c es and equ pment. ~/ ~ 22. Are you planning to use fixed wing or rotor wing a~craft for any aspect of the event/activity? If YES, please describe: /] Ya'~ 23. ALL APPLICANTS: Please complete the attached Safety and Operations Plan or provide a separate document containing all of the required information (see Attachment A). A Safety and Operations Plan is required for planned events/activities because the emergency service infrastructure is funded by the Pitkin County taxpayers to offset unplanned events that pose a threat to life and property. As a result, any demand for services generated by a planned event/activity should be alleviated ahead of time by the event sponsor or organizer. The posting of financial security, in an acceptable form, may be deemed necessary by the Pitkin County Sheriff's Office upon review of the Safety and Operations Plan. Describe any special requirements or aspects of your event/activity that have not been covered above: and have the power to execute this applicati~ on behalf of the above-' '- named organization. All of the above statements are true to the best of my knowledge, information and belief. I acknowledge that any Temporary Commercial Use/Special Event Permit that I receive shall be subject to the following terms and conditions, in addition to those specified in the Administrative Determination/BOCC Resolution granting the permit: The County may revoke a Temporary Commercial Use/Special Event Permit prior to or during the event if the permittee violates any of the conditions of the permit. The County may require the permittee to participate in a post-event debriefing with referral agencies, affected citizens and other interested/involved parties to address issues that arose during the event. The County may require the permittee to post financial security to ensure compliance with any of the conditions of the permit. If a major incident or emergency occurs in the County during the event, the Shedff reserves the right to remove any and all emergency medical, fire and law resources from the event. The permittee shall adhere to all representations made in the application and in public meetings. of Applicant Print Name Title ATTACHMENT A -- SAFETY AND OPERATIONS PLAN REQUIREMENTS The purpose of this part of your application process is to promote public safety in the conduct of special events in Pitkin County. Please provide the following information as it applies to your event. Note that some questions will not be applicable, or appropriate, given the nature and/or scale of your event. Contact the Public Safety Council for additional information or direction regarding these requirements. · Is this a corporate-sponsored event for profit? E] or a non-profit event? ~(Check one.) The following statements assess the level of risk to the participant/citizens of the County by the event and its potential to affect normal public safety resources. (Check appropriate boxes.) [] YES I~ NO A) Does the event pose risks to the individual participants and public safety? [] YES I~ NO B) Does the event occur in wilderness, swift watedopen water or mountainous terrain and have the potential to affect normal public safety resources? If either A or B were answered YES, then the applicant may be required to post financial security with the SherifFs Office. All participants of an event are encouraged to purchase and carry dudng the event a hiking, fishing, hunting, snowmobile, boat registration or back county certificate, which may cover costs of an emergency through the Colorado Department of Local Affairs-DOLA Grant. The Safety and Operations Plan can be written in outline format. It should: Outline, in detail, all of the activities, risks, or other safety issues associated with staging or participating in your event. 2. Outline, in detail, the safety measures you will have in place for the event: Name the single point of contact public safety officials will be in communication with at all times during the event. List all means of communication and numbers/frequencies (e.g., cell phone, radio). Where will this individual be located during the event? Who has overall responsibility for the safety of the event? Describe (bullet topics) your safety briefing for event staff. Outline, in detail, your safety preplans. 1) Is your written safety/security plan developed and distributed? Please provide a copy. It should address the following items: a) Dispatch procedures for your internal emergency response resources. Drawings (flow chart) may be helpful. 3/30/04 Eo b) Requests for assistance procedures. c) Event communications plan. Drawings may be helpful 2) Please ensure that your map attached to the application clearly identifies emergency facilities, emergency access routes and hazards. 3) Outline, in detail, how you will detect and respond to event emergencies. 4) Describe event-provided emergency medical personnel, facilities and provisions for staff and participants. Will your event's safety facilities (aid stations, hell-spots, etc.) be prominently and clearly marked? If so, how? (The event may be required to supply its own Emergency Medical Services (including ambulance service), depending on the scale and risk assessment of the activities. You may contact local fire and ambulance departments, or private providers for quotes and availability.) Are there any Iow risk hazards likely to be encountered by the staff or participants and how will they be addressed (e.g, road crossings, stream crossings, etc.)? What are your inclement weather contingency plans? 3/30/04 ATTACHMENT B CONTACT LIST (All Area Code "970") DEPARTMENT OR AGENCY CONTACT PERSON PHONE FAX Aspen/Pitkin County Cheryl McCulloch 920-5384, ext. 850 920-5378 Airport Aspen Fire District Ed Van Walraven 925-2690/925-5532 920-4451 Aspen Police Loren Ryerson 920-5400/920-5404 920-5409 Department Aspen CommUnity Linda Gerdenich 920-5082 920-5119 Relations/Com- munication Basalt Fire District Bill Harding/Vonda 927-3365/927-3936 Williams County Building Division Vicki Monge 920-5526/920-5450 920-5439 Bureau of Land Brian Hopkins 947-2840/947-2829 Management Carbondale Fire District Bill Gavette 963-2491 Castle/Maroon Creek Lynne Mace 925-7345 Caucus County Community Rose Ann Sullivan 920-5482/920-5526 920-5439 Development County Clerk & Recorder Jennifer Doss 920-5180 920-5196 Crystal River Caucus John Baker 963-2846 County Engineering Bud Eylar 920-5206 920-5374 County Environmental Carla Block 920-5070/920-5438 920-5077 Health Frying Pan Valley Fred Smith Caucus County Road & Bridge Temple Glassier 920-5211/920-5397 920-5374 Owl Creek Caucus George Shifrin 923-5527 Public Safety Council - Ellen Anderson 920-5234 County Emergency Mgt County Risk Kris Jewkes 920-6017 920-5049 Management County Shedff Tom Grady 920-5300 920-5251 Snowmass/Capitol Michael Kinsley 927-3851 Creek Caucus Snowmass/Wildcat Fire John Meie 923-2212 District U.S. Forest Service 925-3445 (Aspen District) 963-2266 (Sopris District) Wood), Creek Caucus Michael Owsle¥ 923-2863 Contact Janis Taytor at County Community Development (920-5109) to obtain contact names and phone numbers for Homeowners' Associations. 3~30~04 ATTACHMENT C APPLICABLE CODES & REGULATIONS; CONTACTS MAI I t::R APPLICABLE CODES & CONTACT REGULATIONS Bleachers ICC/ANSI 300 County Community Development - Building Division Electricity, Temporary National Electrical Code (current County Community edition) Development - Building Division FireWorks Fire District, Sheriff Food Service Temporary and Occasional Food County Service Establishment Requirements, Environmental Colorado Food Service License Health Liquor License State of Colorado Special Event Liquor County Clerk License Permit Noise Limits Title VII of the Pitkin County Code County (BOCC Ordinance #99-38) Environmental Health Refuse Disposal Colorado Department of Health County Standards and Regulations for Group Environmental Gathering Areas Health Road Closures Pitkin County Road Management & County Engineer Maintenance Plan Sanitary Facilities: Toilets and Hand- Colorado Department of Health County Washing Stations Standards and Regulations for Group Environmental Gathering Areas Health Tempora~ Commercial Use/Special Land Use Code Subsection 3-200-030 County Community Event Permit Development Temporary Contractor's License County Community Development - Building Division Tents or Temporary Structures International Buitding Code, 2003 County Community International Fire Code Development - Building Division; Fire District 3/30/04 ATTACHMENT D Complete if liquor will be served at your event. A State of Colorado Special Event Liquor License Permit (if required) must be applied for with the County Clerk's Office. This permit process takes 30 days and is ONLY issued to incorporated, non-profit organizations. Proof of Host Liquor Liability insurance must be provided. Please indicate Yes/No to the following questions if liquor is to be served at the event. Will there be: YES .o ~7 b. TIPS (server) training for bartenders and caterers? c. A designated "Family Friendly" seating area? d. Inclusion of Tipsy Taxi in the planning of event? e. Provision of alternatives to alcohol; free non-alcoholic drinks for designated drivers? f. Free water and ice available? g. Cessation of alcohol service at predetermined point prior to the end of the event? What time? I/'; ~ ~ ~ If/ h. Food available at all times? i. Training of security staff and volunteers on friendly / intervention? j. Prohibition of use of alcohol or drugs by staff and volunteers while on duty? k. A designated smoking area? I. A designated medical detox area on-site? m. Other: 3/30/04 GRA~SROOTS ASPEN EXP. ID:3039201555 MAY 10'04 11:23 No.O03 P.02 Churchill Group, Inc. May 7, 2004 Mr. Dave DeForest-Stalls Executive Director Aspen Grassroots Experienca 1 I0 E. Hallam Strcct, Suite 133 Aspen, CO 81611 Dear Dave; In response to your r, quest, this letter will serve as authorization for Aspen Grassroots Experience to host a fund raising event at The Copper Palace, which is owned by The Churchill Group, Inc. and located at 840 N. Starwood Drive, Aspen, Colorado, on the evening Of June g, 2004. As President of Thc Churchill Group, Inc., it is my pleasure to offer Thc Copper Palace to Aspen Grassroots Experience for your use that evening free of charge. Ill the COUrse of preparing for the event, wc will incur some out of pocket expenses, such as erecting tho tents on tho decks, setting up thc dining areas, and for security and traffic control. These expenses will primarily be labor costs and a minimal fee for use of tables, chairs, table settings and linens. Following the event, we will document all expenses and submit a statement to you for reimbursement. We shall make every efforl to keep any expenses to a bare minimum and with the help of your staff, ! am confident we will be able to do so. It is our hope that this event will yield a nice hc~efit for your very deserving organjzatlon. Enclosed with this lctt~r arc several exhibits with writien explanations in response to your r~lueat for additional, site specific infomlation. Please fe~l free to contact our Property Manager, Colleen Kline, at 920-2599, oft. 200, if you need anything furlher. We look forward to assisting you in a most successful event on June 8th. Best Regards, Thc Churchill Group. Inc. 40 Nn~'h 4th Street ~. C',abondale, Colorado 81623 * Telephone (970) 963-2440 * Itacs mile (970) 963-2442 GRRSSROOTS RSPEN EXP. ID=303920~855 MRY 10'04 11:24 No,O0$ P.03 ADDENDUM TO LETTER OF AUTHORIZATION EXHIBIT "A' Site Map (1) This drawing is an architectural footprint of the site. Parking areas are marked. Additional off-site parking is availeble for ear~; however, Jt will not be necessary for this event as guests are being bussed in to the site. There is ample room for busses to turn around and parle Emergency access is through the Copper Palace gate which will be mechanically locked in an open position for the ~ntire duration of the event. An emergency lane will be Icc'pt open lo allow access to the structure at all times. EXHIBIT "B" Area Map (2) This map shows the location of The Copper Palace in relation to llighway 82 and tho City of Aspen. EXHIBIT "C" Vicinity (3) Tiffs map shows the location of The Copper Palace in relation to the Starwood subdivision and thc Starwood Gate. house. Regarding the tents: There will be two (2) tents erected on two large decks at The Copper Palace. These tents have been custom made to fit the oval shaped decks, one is on the east side of the structure and one is on the west side. (Sec Exhibit A). They arc approximately 54 feet long a~d 28 feet wide, 18 f~ *.all in the center, sloping down to about g fe~t near the GR~SROOTS ~$PEN EXP. ID:3039201855 HAY 10'04 11:24 No.O0$ P.04 walls. The tents have side wails with clear vinyl windows all around. Each tent can acoonnnodate up to 100 persons, seated, on each side, with good entrance and egress aisles. There will be no mechanical HVAC and only minimal low voltage lighting. At the direction of thc Aspen Fire Marshal, there will be 'llummated "exit" signs, fire extinguishers and emergency lighting capability in each tent. Refuse Managemenl There exists on premises, two (2), three-cubic-yard BFI dumpsters. Those dumpsters are located in an alcove on the east side of the structure, approximately20 feet from the nearest kitchen exit. (Soo Exhibit A) In the kitchen, preparation and serving (toni) area, there will be no loss than one dozen trash caniste~, ranging in size from 20 to 50 gallon capacity with r~novable liners. (6) Seeui'ity Porsonel Tho siaffwill include 5 designated security persons identifiable by a Copper Palace nameplate badge which reads "Security". Additionally, on arrival and departure of the guests, and during tho tour or,he house, there will be 5 Copper Palace staffmembers attending all area~ of thc home and grounds to give directions and i,tsurc the safety of tho guests. The staffwill be identified by a Copper Palace nameplate badge which reads' "Staff". (7) Emergency Plan Tho house is equipped with a shale of the art security system monitored by Apex Security. The system is designed to detect heat, smoke, harmful gases and intrusion. This system will be fully activated for the event. There is an Ansul Fire Supression system installed and certified in the kitchen. There is a pool-fed pumped fire hose connection serving three different locations in the house and 3 portable fire extinguishers on each level on the house. GRASSROOTS ASPEN EXP. ID:$039201855 HAY 10'04 11:25 No.O0$ P.05 In addition, the aforemel~tioned Staffand S~curity personnel will be patrolling the premises on high alert. Furlher, an emergency vehicle lane will be maintained at all times and all suggestions and requircmants from the Fire Mm'shal shall be instituted. (s) Low Risk I-Iazards Any ]ow risk hazards may include the pool area, elevated balconies and numerous stops and stairwells ia the house. The pool area will have staffmembers present dm'iht the time guests are allowed to tour the house. This area is well lit for clear visibility with ve~3~ few trip hazards. Guests will not be allowed to walk in any area where there would be any danger of tripping, regardless of'how minor the risk. The entire pool area will be locked and secured following the house tour. All elevated balconies have adequate railings, however, all balconies will be locked and off-limits for the event. Regarding steps mid stairwells, all areas arc well lit with each step in the stairwells having its own lighting under each step. Additionally, a Staff member will be posted on each level near stairwells to monitor progress and verbally warn guests of all elevation changes. GRRSSROOTS ~SPEN EXP. ID:3039201855 MAY 10'04 11:25 No.O03 P.06 GR~SSROOTS ~SPEN EXP. ID:$059201555 M~Y lO'Od GR~$SROOTS ASPEN EXP. ID:3039201855 MFIY 10'04 11:27 No.O03 ..~ ,, ..~~~ LAW OFFICES OF PAUL J, TADDUNE, P.C. 323 W. Main Stro~t, Suite 301 Axpen, Colorado 81611 (970) 925-9190 (970) 925-9199 Facsimile TELEcOPIER TRANSMITTAL LETTER PLEASE DELIVER TH]E FOLLOWING PAt~ES TO: Rose Ann Sulliwu FA.X#: (970) 920-5439 FROM: Paul I. Taddune. l~q. FA X #: (970) 925-9199 TOTAL NO. OF PAGES INCLUDING THIS COVER PAGP~: 5 Special Use PernUts/Copper Place DATE: May 13, 2003 Ploase see attached letter expressing Starwood's objections to the issuance of a Special Usc Peru,i! at the G-radow residence. CONlrlDENTIAL NOTICE Thi, fa~imil~ tr~mmi~iOn (,~l,'ot ~ dO~nt~ ~ag, lng it) w.~y oont~ oontidm~l i~fform~tion belonging ~o ~ s~' whi~:h is larolected by i'd §gOt'ON 3Nnoov± DOVd PAULJ. T~oDtn~E 3~ W~T MAZN ST[T~T, ASP[N, COLORADO 81611 T~LEPHONE (970) 925-9190 T~LE~ (970) LAW,OFFiCeS OF PAUL J. T^DDUNE, P.C. May 13.2004 TI~L£~'t,IONE (305) 298-8603 TEI.AI~AX (7,03) 29g-g745 ]VIS, Rose Ann Sullivan Pit. kin County Community Development 130 S. Oalena St. Aspen, CO 81611 RE: $1~ecial USe Permits/Copper Palace Dear Rose Ann: This letter will briefly sn,,,marize our tel~phonc conversations, wherein Meg Haynes expressed Starwood's objection to the use of the Oradow residence, commonly referred to by Mr. Oradow as thc "Copper Palace," for a cornm~l'CisJ, banquet hall. specifically with regard to the pending application submitted by Crras~roots: Meg expressed that it is thc perception of members of thc Board of the Starwood Homeowners Association that thc event is not entirely charitable. Whereas many charitable events are held in Starwood, the Starwood homeowners do not charge fee for thc use of their residences nor any other services. In this instance., Mr. Oradow is renting tents, ~luipment, conducting house tours and providing personnel at a cost of approximately $1 The event i~ being promoted by a party organizer. The event appears to be structured whereby corporac interests hold a banquet at the Gradow residence, and the proceeds are then donated by arrangement to a local nonprofit, in this instance Grassroots, even though vea-y f~w Orassroots members will be present at the event. The Board has refused to grant its approval for other proposed events where the event was not entirely charitable. This proposed event is no different. In polling the Starwood Homeowners board members and residents who live on North Starwood Drive, a sampling of comments are: May 13, 2004 Ms. Rose Ann Sullivan Pitkin Cotmty Community Development Page 2 "We do not live in a commercial n~ighborhood and Starwood's past zoning decisions and p~,~dtting have reflected this tradition and preference. Granting this request will ~abolden the owners to continue tn hold large commercial events over which Starwood will have to control. Allowing the first oftl~se will set the pattern. Once this request is grant,i, thc owners will no doubt once a~in abuse thc permission as th~ have done many times over thc years. We should not be railroa&xt into a consent because the time is short and the County is st~pin~ away from their respons~ilit/es. I would stronily urge the Board. once again, to make this a matter on which all homeowners can commc-nt and, ind~d, vote. h is not an issue just for residents of North Stat-wood Drive. Ail homeowners will be affected by increases in noise, traffic, pa~king problems, garbage, littering, and lights. Establishing a commercial precedent in our rural unspoilt neighborhood will have futur~ consequences with which we will not want to live. Wc arc unalterably opposed to Starwcod granting this type of permit." "It appears the Board of Commissioners is overlooking the fact ,h=t George is operating a business from a residence, in violation o£County Btfilding codes. Also, it should be brought to the Commissioner's attention that George is cleverly having Orassroots apply for the permit, rather than him~el.f." "Meg, I do not approve any event at the COPPER PALACE where the GRADOWS get paid money for any part of its use. STARWOOD must take a firm stand on this matter." "I agree that this proposal should be rejected because the "Copper Palace" entity is being paid for rentals and services. Ifa third party were providing these rentals and services, I would not have the same objection, but it appears that, in fact, the Copper Palace is engaging in a for-profit business endeavor here, which is what we all agreed last yest would not be permitted." "George is completely ignoring the Board's prior decision regarding use of his home for business purposes. The Orassroots letter farther accentuates that altitude, by naming the "Copper Palace" as the entity, rather than George Oradow. Secondly, the Grassroots letter points out 2 items whereby George is renting personal property for profit; I especially like the 'house tours' as part of this fee." 'd §~Ot'ON ~NnOOv± ]~Vd May 13, 2004 Ms. Rose Ann Sullivan Pitkin County Community Development Page 3 One resident also recalls that when lance Clark met with the Board on the issue o£the use of the Copper Palace hc promised that no Special Use Permits would be granted without the consent of the Sta~vood Board. Therefore, we assume that the County will abide by this rcpresentation. Very ~nlly yours, PAUL I. TADDUNE, P.C. Meg Haynes ~ROM : DAR~IIN GRODP LTD.- FLORIDA FA>,' NO. : 1 561 586 814~ M~. l~ ~004 /2:00AM P2 ~~~.~!l~ 2004 To: Board of Caanty Commissioners ~: Cop~ ~fal ~e We join our neighbors in protesting the holding of any COmmercial events within the confine~ of Starwood. It has come to our attenti~m that G~orge Gradow, under the gube of charitable fund raising, is once again planning to rem his home, the Coppe~ Palace, to the Pfizer Company for its corporate galhering. .Ekscause we e~j~y the quietude of o~ ~y, we ~u~ ~t ~e Co~ ~mi~ioo~ dray ~e ~s~ of a p~it to ~. ~adow or ~y~ ~e~nfing ~e C~p~ Palace. It is ~in~ Co~ re~a~ons to hold a ~m~cx~ ~r profit ev~t m a r~id~ or resid~l ~a, S~ is a pnva~ ~mm~iw ~d no one is all~ed to ~n~a a busings ~ ~e ~ l~ng ~ ~r roa~ ~e not m~t f~ ~m~cifl us~. ~ S~ ~ve m pr~ntly ~ a d~ emdifi~. abuse of bas~ and ~er ~c relm~ to ~e ~O~sed Co~ ~a~ ~t ~11 ~N~ S~ Drive, ~m has been before the Starwood Homeowners Association because of his continual use of for commercial purposes_ The Staswood Homeowners Associatica has asked for his ~qot be~n forth coming as event~ exmtinue to be held in the Copper Palace. Now nd it is our fervem hope that you vdlI concur with the Starwood and denyhis request Since fire Smrwood Homeowners Association has COmmercial events whatever be held at the Copper Palace or any other residmee in ~he ~ommms oners lmvc a duty to respect lhat deseision. tha! mi ~nommt charity is being osed as a pawn by Mr, GradOw. if his request was a request for a fund miser he wouldn't be CO~de4y, ing money fbr the u~e of any part of his propert2v; ie. tents, dishc~, glasw, vare tables, chairs, etc We have spent many a mcr evening listening to the buses and vans as they pa.~s our house on the way to and from lhe Copper Palace. ~ is time for this to STOP. Ehine S. E~cvwin PAULJ. TADDUNE 323 WEST MAIN STREET, SUITE 301 ASPEN, COLORADO 81611 TELEPHONE (970) 925-9190 TELEI~A~ (970) 925-9199 INTERNErf~ taddtme@compuserve.com WILLIAM GUEST, OF COUNSEL LAW OFFICES OF PAUL J. TADDUNE, P.C. May 13, 2004 AFFILIATED OFFICE FOWLER, SCHiMBERG & FLANAGAN, 1640 GRANT STREET, SUITE 300 DENVER, COLORADO 8O203 TELEPHONE (303) 298-8603 TELEFAX (303) 298-8748 Ms. Rose Ann Sullivan Pitkin County Commurdty Development 130 S. Galena St. Aspen, CO 81611 RE: Special Use Permits/Copper Palace Dear Rose Ann: This letter will briefly summarize our telephone conversations, wherein Meg Haynes expressed Starwood's objection to the use of the Gradow residence, commonly referred to by Mr. Gradow as the "Copper Palace," for a commercial banquet hall, specifically with regard to the pending application submitted by Grassroots: Meg expressed that it is the perception of members of the Board of the Starwood Homeowners Association that the event is not entirely charitable. Whereas many charitable events are held in Starwood, the Starwood homeowners do not charge a fee for the use of their residences nor any other services. In this instance, Mr. Gradow is renting tents, equipment, conducting house tours and providing personnel at a cost of approximately $11,500. · The event is being promoted by a party organizer. The event appears to be structured whereby corporate interests hold a banquet at the Gradow residence, and the proceeds are then donated by arrangement to a local nonprofit, in this instance Grassroots, even though very few Grassroots members will be present at the event. The Board has refused to grant its approval for other proposed events where the event was not entirely charitable. This proposed event is no different. In polling the Starwood Homeowners board members and residents who live on North Starwood Drive, a sampling of comments are: May 13, 2004 Ms. Rose Ann Sullivan Pitkin County Community Development Page 2 "We do not live in a commercial neighborhood and Starwood's past zoning decisions and permitting have reflected this tradition and preference. Granting this request will embolden the owners to continue to hold large commercial events over which Starwood will have to control. Allowing the first of these will set the pattern. Once this request is granted, the owners will no doubt once again abuse the permission as they have done many times over the years. We should not be railroaded into a consent because the time is short and the County is stepping away from their responsibilities. I would strongly urge the Board, once again, to make this a matter on which all homeowners can comment and, indeed, vote. It is not an issue just for residents of North Starwood Drive. All homeowners will be affected by increases in noise, traffic, parking problems, garbage, littering, and lights. Establishing a commercial precedent in our rural unspoilt neighborhood will have future consequences with which we will not want to live. We are unalterably opposed to Starwood granting this type of permit." "It appears the Board of Commissioners is overlooking the fact that George is operating a business fi'om a residence, in violation of County Building codes. Also, it should be brought to the Commissioner's attention that George is cleverly having Grassroots apply for the permit, rather than himself." "Meg, I do not approve any event at the COPPER PALACE where the GRADOWS get paid money for any part of its use. STARWOOD must take a firm stand on this matter." "I agree that this proposal should be rejected because the "Copper Palace" entity is being paid for rentals and services. Ifa third party were providing these rentals and services, I would not have the same objection, but it appears that, in fact, the Copper Palace is engaging in a for-profit business endeavor here, which is what we all agreed last year would not be permitted." "George is completely ignoring the Board's prior decision regarding use of his home for business purposes. The Grassroots letter further accentuates that attitude, by naming the "Copper Palace" as the entity, rather than George Gradow. Secondly, the Grassroots letter points out 2 items whereby George is renting personal property for profit; I especially like the 'house tours' as part of this fee." May 13, 2004 Ms. Rose Ann Sullivan Pitkin County Community Development Page 3 One resident also recalls that when Lance Clark met with the Board on the issue of the use of the Copper Palace he promised that no Special Use Permits would be granted without the consent of the Starwood Board. Therefore, we assume that the County will abide by this representation. Very truly yours, PAUL J. TADDUNE, P.C. Paul J. Taddune ~ Meg Haynes PJT:pf C:\wph° JT\Lctters\Starwood. ltrtoroseannsulllvant 5.13.2004.wpd