Aspen drops case against building owner, instructor
September 14, 2011
ASPEN – The city of Aspen dropped its zoning violation case Wednesday against an Aspen industrial cleaning business that also was housing yoga instruction.
Wednesday in Aspen Municipal Court, city prosecutor Jim True asked Judge Brooke Peterson to dismiss the case against Mike Kubasiewicz, owner of Dwell Pro Inc., 465 N. Mill St., 9-B.
True also requested a dismissal on a citation against yoga instructor Richard Bird, who was accused of holding classes at Kubasiewicz’s business despite the city’s warnings.
Peterson granted the requests.
“They have agreed to cease yoga operations at that location,” said Jennifer Phelan, deputy director of the city’s Community Development Department. “In return, the city has agreed to dismiss the case without prejudice.”
Kubasiewicz’s business formerly served as the home of Aspen Yoga Studio, which city documents also refer to as Aspen Yoga Co-op. Instead of charging set fees, the cooperative of yoga instructors accepted donations, city documents state.
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Kubasiewicz and the studio were accused of flouting the city’s order to stop the yoga instruction. The building that houses Dwell Pro and formerly the yoga studio is zoned service/commercial/industrial, which does not allow for yoga classes, Phelan said.
The agreement averted a trial. Bird and Kubasiewicz faced fines of up to $1,000 for each day the city found them to be in violation of code.
The Aspen City Council took up the issue of Dwell Pro and Aspen Yoga Co-op’s activities during a meeting in late June. Council members unanimously upheld the Community Development staff’s decision to enforce the zoning regulation after an appeal by Kubasiewicz.
But according to the city, yoga instruction was still occurring at the business in August, leading officials to issue citations.